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2002 Revised Code of Washington Volume 3: Titles 28B through 36
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VOLUME 3
Titles 28B through 36
2002
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine
die March 14, 2002.
(2002 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2002 Edition
©
2002 State of Washington
CERTIFICATE
The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in
accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G. SCHULTZ, Chair,
STATUTE LAW COMMITTEE
[Preface—p ii]
(2002 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as
follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters
of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers
between original sections so that for a time new sections may be inserted without extension of the section number
beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series
of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted
by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances
from the language and organization of the session laws from which it was derived, including a variety of divisions
and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise
of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means
of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law
source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is
abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135,
page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS
or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each
component section, with each line of derivation being set off from the others by use of small Roman numerals,
"(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves
the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to each
other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are
tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult
the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These
additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available time
and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature
of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that
correction may be made in a subsequent publication.
(2002 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
2
3
4
5
6
7
8
9
9A
10
11
12
13
14
15
16
17
18
19
20
21
22
23
23B
24
25
26
27
28A
28B
28C
29
30
31
32
33
34
35
35A
36
37
38
39
40
41
42
43
44
46
General provisions
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
Aeronautics
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
Domestic relations
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
Elections
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
Highways and motor vehicles
Motor vehicles
[Preface—p iv]
47
48
Public highways and transportation
Insurance
Labor
49
Labor regulations
50
Unemployment compensation
51
Industrial insurance
Local service districts
52
Fire protection districts
53
Port districts
54
Public utility districts
55
Sanitary districts
57
Water-sewer districts
Property rights and incidents
58
Boundaries and plats
59
Landlord and tenant
60
Liens
61
Mortgages, deeds of trust, and real estate contracts
62A Uniform Commercial Code
63
Personal property
64
Real property and conveyances
65
Recording, registration, and legal publication
Public health, safety, and welfare
66
Alcoholic beverage control
67
Sports and recreation—Convention facilities
68
Cemeteries, morgues, and human remains
69
Food, drugs, cosmetics, and poisons
70
Public health and safety
71
Mental illness
71A Developmental disabilities
72
State institutions
73
Veterans and veterans’ affairs
74
Public assistance
Public resources
76
Forests and forest products
77
Fish and wildlife
78
Mines, minerals, and petroleum
79
Public lands
79A Public recreational lands
Public service
80
Public utilities
81
Transportation
Taxation
82
Excise taxes
83
Estate taxation
84
Property taxes
Waters
85
Diking and drainage
86
Flood control
87
Irrigation
88
Navigation and harbor improvements
89
Reclamation, soil conservation, and land settlement
90
Water rights—Environment
91
Waterways
(2002 Ed.)
Title 28B
HIGHER EDUCATION
Chapters
28B.04 Displaced homemaker act.
28B.06 Project even start.
28B.07 Washington higher education facilities authority.
28B.10 Colleges and universities generally.
28B.12 State work-study program.
28B.13 1974 Bond issue for capital improvements.
28B.14 1975 Bond issue for capital improvements.
28B.14B 1977 Bond issue for capital improvements.
28B.14C 1977 Bond act for the refunding of outstanding limited obligation revenue bonds.
28B.14D 1979 Bond issue for capital improvements.
28B.14E 1979 Bond issue for capital improvements.
28B.14F Bond issues for capital improvements.
28B.14G 1981 Bond issue for capital improvements
(1981 c 233).
28B.15 College and university fees.
28B.16 State higher education personnel law.
28B.20 University of Washington.
28B.25 Joint center for higher education.
28B.30 Washington State University.
28B.31 1977 Washington State University buildings
and facilities financing act.
28B.35 Regional universities.
28B.38 Spokane intercollegiate research and technology institute.
28B.40 The Evergreen State College.
28B.45 Branch campuses.
28B.50 Community and technical colleges.
28B.52 Collective bargaining—Academic personnel
in community colleges.
28B.56 1972 Community colleges facilities aid—Bond
issue.
28B.57 1975 Community college special capital projects bond act.
28B.58 1975 Community college general capital
projects bond act.
28B.59 1976 Community college capital projects
bond act.
28B.59B 1977 Community college capital projects
bond act.
28B.59C 1979 Community college capital projects
bond act.
28B.59D 1981 Community college capital projects
bond act.
28B.63 Commercial activities by institutions of higher education.
28B.65 High-technology education and training.
28B.70 Western regional higher education compact.
28B.80 Higher education coordinating board.
28B.85 Degree-granting institutions.
28B.90 Foreign degree-granting branch campuses.
(2002 Ed.)
28B.95 Advanced college tuition payment program.
28B.101 Educational opportunity grant program—
Placebound students.
28B.102 Future teachers conditional scholarship program.
28B.103 National guard conditional scholarship program.
28B.106 College savings bond program.
28B.108 American Indian endowed scholarship program.
28B.109 Washington international exchange scholarship program.
28B.110 Gender equality in higher education.
28B.115 Health professional conditional scholarship
program.
28B.119 Washington promise scholarship program.
28B.120 Washington fund for innovation and quality
in higher education program.
28B.125 Health personnel resources.
28B.130 Transportation demand management programs.
28B.135 Child care for higher education students.
28B.140 Financing research facilities at research
universities.
28B.900 Construction.
Actions against public corporations: RCW 4.08.120.
Actions by public corporation in corporate name: RCW 4.08.110.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3).
Blind, school for: Chapter 72.40 RCW.
Bomb threats, penalty: RCW 9.61.160.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Buildings, earthquake standards for construction: RCW 70.86.020,
70.86.030.
Businesses and professions generally, examinations for licenses for: Title
18 RCW.
Condemnation: Chapter 8.16 RCW.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
Crimes relating to
bomb threats: RCW 9.61.160.
discrimination to deny public accommodations because of race, color or
creed: RCW 9.91.010.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
Discrimination to deny public accommodations because of race, color or
creed, penalty: RCW 9.91.010.
Drivers’ training schools generally: Chapter 46.82 RCW.
Earthquake standards for construction: RCW 70.86.020, 70.86.030.
Education: State Constitution Art. 9.
Educational facilities and programs for state schools for the deaf and blind:
RCW 72.40.028.
[Title 28B RCW—page 1]
Title 28B
Title 28B RCW: Higher Education
Elementary or secondary school activities, admission tax exclusion: RCW
36.38.010.
Employees, qualifications to hold public office: RCW 42.04.020.
Enrollment forecasts: RCW 43.62.050.
Establishment and maintenance of schools guaranteed: State Constitution
Art. 26 § 4.
Fiscal year defined: RCW 1.16.030.
Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4.
Garnishment: Chapter 6.27 RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Information and research services of colleges and universities, authority for
school districts to obtain: RCW 28A.320.110.
Information technology: RCW 43.105.200.
Intoxicating liquor, retail licenses, proximity limitations: RCW
66.24.010(9).
Lands
adverse possession against: RCW 7.28.090.
defined: RCW 79.01.004.
eminent domain
by cities against: RCW 8.12.030.
by corporations, service of notice: RCW 8.20.020.
by railroads and canal companies against: RCW 81.36.010.
by state, service of notice: RCW 8.04.020.
parks and recreation commission, relinquishment of control over school
lands: RCW 79A.05.175.
sale of educational lands, board of natural resources to fix value: RCW
79.01.092.
sale of generally: State Constitution Art. 16 §§ 2-4.
sale or lease of land and valuable materials, supervision and control of
department of natural resources over: RCW 79.01.094.
state lands, included in: RCW 79.01.004.
state parks and recreation, relinquishment of control over state lands:
RCW 79A.05.175.
Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3).
Medical schools, requisites for accreditation and approval: RCW
18.71.055.
Meetings, minutes of governmental bodies, open to public: Chapter 42.32
RCW.
Motor vehicles, speed regulations when passing public school: RCW
46.61.440.
Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4.
Periodicals, purchase of, manner of payment: RCW 42.24.035.
Printing contracts for outside state work, labor requirements: RCW
43.78.150.
Printing must be done within state, exception: RCW 43.78.130, 43.78.140.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public lands: Title 79 RCW.
Public school system, what included in: State Constitution Art. 9 § 2.
Pupils, residence or absence does not affect right to vote: State Constitution Art. 6 § 4.
Purchases, periodicals, postage, manner of payment: RCW 42.24.035.
Religion, control of schools by, free from: State Constitution Art. 9 § 4,
Art. 26 § 4.
Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050.
Sectarian control, free from: State Constitution Art. 9 § 4.
State school
for blind: Chapter 72.40 RCW.
for deaf: Chapter 72.40 RCW.
State toxicological laboratories: RCW 68.50.107.
Student enrollment forecasts, biennial report of department of community,
trade, and economic development: RCW 43.62.050.
System of schools to be established by state: State Constitution Art. 9 § 2.
[Title 28B RCW—page 2]
Technical schools, included in public school system: State Constitution Art.
9 § 2.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Year, fiscal year defined: RCW 1.16.030.
Chapter 28B.04
DISPLACED HOMEMAKER ACT
Sections
28B.04.010
28B.04.020
28B.04.030
28B.04.040
28B.04.050
28B.04.060
28B.04.080
28B.04.085
28B.04.090
28B.04.100
28B.04.110
28B.04.120
Short title.
Legislative findings—Purpose.
Definitions.
Multipurpose service centers—Contracts for—Rules embodying standards for—Funds for.
Multipurpose service centers—Referral to services by—
Displaced homemakers as staff.
Contracting for specific programs.
Consultation and cooperation with other agencies—Agency
report of available services and funds therefor—Board
as clearinghouse for information and resources.
Displaced homemaker program advisory committee.
Considerations when awarding contracts.
Percentage of funding for centers or program to be provided by administering organization.
Acceptance and use of contributions authorized—
Qualifications.
Discrimination prohibited.
28B.04.010 Short title. This chapter may be known
and cited as the "displaced homemaker act." [1979 c 73 §
1.]
28B.04.020 Legislative findings—Purpose. The
legislature finds that homemakers are an unrecognized part
of the work force who make an invaluable contribution to
the strength, durability, and purpose of our state.
The legislature further finds that there is an increasing
number of persons in this state who, having fulfilled a role
as homemaker, find themselves "displaced" in their middle
years through divorce, death of spouse, disability of spouse,
or other loss of family income of a spouse. As a consequence, displaced homemakers are very often left with little
or no income; they are ineligible for categorical welfare
assistance; they are subject to the highest rate of unemployment of any sector of the work force; they face continuing
discrimination in employment because of their age and lack
of recent paid work experience; they are ineligible for
unemployment insurance because they have been engaged in
unpaid labor in the home; they are ineligible for social
security benefits because they are too young, and many
never qualify because they have been divorced from the
family wage earner; they may have lost beneficiaries’ rights
under employer’s pension and health plans through divorce
or death of spouse; and they are often unacceptable to
private health insurance plans because of their age.
It is the purpose of this chapter to establish guidelines
under which the higher education coordinating board shall
contract to establish multipurpose service centers and
programs to provide necessary training opportunities,
counseling, and services for displaced homemakers so that
they may enjoy the independence and economic security
(2002 Ed.)
Displaced Homemaker Act
vital to a productive life. [1985 c 370 § 36; 1982 1st ex.s.
c 15 § 1; 1979 c 73 § 2.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.04.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the higher education coordinating
board.
(2) "Center" means a multipurpose service center for
displaced homemakers as described in RCW 28B.04.040.
(3) "Program" means those programs described in RCW
28B.04.050 which provide direct, outreach, and information
and training services which serve the needs of displaced
homemakers.
(4) "Displaced homemaker" means an individual who:
(a) Has worked in the home for ten or more years
providing unsalaried household services for family members
on a full-time basis; and
(b) Is not gainfully employed;
(c) Needs assistance in securing employment; and
(d) Has been dependent on the income of another family
member but is no longer supported by that income, or has
been dependent on federal assistance but is no longer eligible
for that assistance, or is supported as the parent of minor
children by public assistance or spousal support but whose
children are within two years of reaching their majority.
[1985 c 370 § 37; 1979 c 73 § 3.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.04.040 Multipurpose service centers—Contracts
for—Rules embodying standards for—Funds for. (1) The
board, in consultation with state and local governmental
agencies, community groups, and local and national organizations concerned with displaced homemakers, shall receive
applications and may contract with public or private nonprofit organizations to establish multipurpose service centers for
displaced homemakers. In determining sites and administering agencies or organizations for the centers, the board shall
consider the experience and capabilities of the public or
private nonprofit organizations making application to provide
services to a center.
(2) The board shall issue rules prescribing the standards
to be met by each center in accordance with the policies set
forth in this chapter. Continuing funds for the maintenance
of each center shall be contingent upon the determination by
the board that the center is in compliance with the contractual conditions and with the rules prescribed by the board.
[1985 c 370 § 38; 1982 1st ex.s. c 15 § 2; 1979 c 73 § 4.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.04.050 Multipurpose service centers—Referral
to services by—Displaced homemakers as staff. (1) Each
center contracted for under this chapter shall include or
provide information and referral to the following services:
(a) Job counseling services which shall:
(i) Be specifically designed for displaced homemakers;
(2002 Ed.)
28B.04.020
(ii) Counsel displaced homemakers with respect to
appropriate job opportunities; and
(iii) Take into account and build upon the skills and
experience of a homemaker and emphasize job readiness as
well as skill development;
(b) Job training and job placement services which shall:
(i) Emphasize short-term training programs and programs which expand upon homemaking skills and volunteer
experience and which lead to gainful employment;
(ii) Develop, through cooperation with state and local
government agencies and private employers, model training
and placement programs for jobs in the public and private
sectors;
(iii) Assist displaced homemakers in gaining admission
to existing public and private job training programs and
opportunities, including vocational education and apprenticeship training programs; and
(iv) Assist in identifying community needs and creating
new jobs in the public and private sectors;
(c) Health counseling services, including referral to
existing health programs, with respect to:
(i) General principles of preventative health care;
(ii) Health care consumer education, particularly in the
selection of physicians and health care services, including,
but not limited to, health maintenance organizations and
health insurance;
(iii) Family health care and nutrition;
(iv) Alcohol and drug abuse; and
(v) Other related health care matters;
(d) Financial management services which provide
information and assistance with respect to insurance, taxes,
estate and probate problems, mortgages, loans, and other
related financial matters;
(e) Educational services, including:
(i) Outreach and information about courses offering
credit through secondary or postsecondary education programs, and other re-entry programs, including bilingual
programming where appropriate; and
(ii) Information about such other programs as are
determined to be of interest and benefit to displaced homemakers by the board;
(f) Legal counseling and referral services; and
(g) Outreach and information services with respect to
federal and state employment, education, health, public
assistance, and unemployment assistance programs which the
board determines would be of interest and benefit to displaced homemakers.
(2) The staff positions of each multipurpose center
contracted for in accordance with RCW 28B.04.040, including supervisory, technical, and administrative positions, shall,
to the maximum extent possible, be filled by displaced
homemakers. [1985 c 370 § 39; 1982 1st ex.s. c 15 § 3;
1979 c 73 § 5.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.04.060 Contracting for specific programs. The
board may contract, where appropriate, with public or private
nonprofit groups or organizations serving the needs of
displaced homemakers for programs designed to:
(1) Provide direct services to displaced homemakers,
including job counseling, job training and placement, health
[Title 28B RCW—page 3]
28B.04.060
Title 28B RCW: Higher Education
counseling, financial management, educational counseling,
legal counseling, and referral services as described in RCW
28B.04.050;
(2) Provide statewide outreach and information services
for displaced homemakers; and
(3) Provide training opportunities for persons serving the
needs of displaced homemakers, including those persons in
areas not directly served by programs and centers established
under this chapter. [1985 c 370 § 40; 1982 1st ex.s. c 15 §
4; 1979 c 73 § 6.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.04.080 Consultation and cooperation with other
agencies—Agency report of available services and funds
therefor—Board as clearinghouse for information and resources. (1) The board shall consult and cooperate with the
department of social and health services; the *state board for
community college education; the superintendent of public
instruction; the **commission for vocational education; the
employment security department; the department of labor
and industries; sponsoring agencies under the federal
comprehensive employment and training act (87 Stat. 839;
29 U.S.C. Sec. 801 et seq.), and any other persons or
agencies as the board deems appropriate to facilitate the
coordination of centers established under this chapter with
existing programs of a similar nature.
(2) Annually on July 1st, each agency listed in subsection (1) of this section shall submit a description of each
service or program under its jurisdiction which would
support the programs and centers established by this chapter
and the funds available for such support.
(3) The board shall serve as a clearinghouse for displaced homemaker information and resources and shall
compile and disseminate statewide information to the centers,
related agencies, and interested persons upon request. [1985
c 370 § 42; 1982 1st ex.s. c 15 § 6; 1979 c 73 § 8.]
Reviser’s note: *(1) The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
**(2) The commission on vocational education and its powers and
duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated
June 30, 1986, and repealed June 30, 1987. See 1983 c 197 §§ 17 and 43.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.04.085 Displaced homemaker program advisory
committee. (1) The executive coordinator of the higher
education coordinating board shall establish an advisory
committee, to be known as the displaced homemaker
program advisory committee.
(2) The advisory committee shall be advisory to the
executive coordinator and staff of the board.
(3) Committee membership shall not exceed twenty-two
persons and shall be geographically and generally representative of the state. At least one member of the advisory
committee shall either be or recently have been a displaced
homemaker.
(4) Functions of the advisory committee shall be:
(a) To provide advice on all aspects of administration of
the displaced homemaker program, including content of
program rules, guidelines, and application procedures;
[Title 28B RCW—page 4]
(b) To assist in coordination of activities under the
displaced homemaker program with related activities of other
state and federal agencies, with particular emphasis on
facilitation of coordinated funding. [1987 c 230 § 2.]
Effective date—1987 c 230: See note following RCW 36.18.010.
28B.04.090 Considerations when awarding contracts. In the awarding of contracts under this chapter,
consideration shall be given to need, geographic location,
population ratios, and the extent of existing services. [1979
c 73 § 9.]
28B.04.100 Percentage of funding for centers or
program to be provided by administering organization.
Thirty percent of the funding for the centers and programs
under this chapter shall be provided by the organization
administering the center or program. Contributions in-kind,
whether materials and supplies, physical facilities, or
personal services, may be considered as all or part of the
funding provided by the organization. [1979 c 73 § 10.]
28B.04.110 Acceptance and use of contributions
authorized—Qualifications. The board may, in carrying
out this chapter, accept, use, and dispose of contributions of
money, services, and property: PROVIDED, That funds
generated within individual centers may be retained and
utilized by those centers. All moneys received by the board
or any employee thereof pursuant to this section shall be
deposited in a depository approved by the state treasurer.
Disbursements of such funds shall be on authorization of the
board or a duly authorized representative thereof. In order
to maintain an effective expenditure and revenue control
such funds shall be subject in all respects to chapter 43.88
RCW, but no appropriation shall be required to permit
expenditure of such funds. [1985 c 370 § 43; 1979 c 73 §
11.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.04.120 Discrimination prohibited. No person in
this state, on the ground of sex, age, race, color, religion,
national origin, or the presence of any sensory, mental, or
physical handicap, shall be excluded from participating in, be
denied the benefits of, or be subjected to discrimination
under, any program or activity funded in whole or in part
with funds made available under this chapter. [1979 c 73 §
12.]
Chapter 28B.06
PROJECT EVEN START
Sections
28B.06.010 Intent—Short title.
28B.06.020 Definitions.
28B.06.030 Adult literacy program—Basic skills instruction—Credit
toward work and training requirement—Rules.
28B.06.040 Preference for existing programs before developing new
programs.
28B.06.010 Intent—Short title. (1) Parents can be
the most effective teachers for their children. Providing
(2002 Ed.)
Project Even Start
28B.06.010
illiterate or semiliterate parents with opportunities to acquire
basic skills and child development knowledge will enhance
their ability to assist and support their children in the
learning process, and will enhance children’s learning
experiences in the formal education environment by providing children with the motivation and positive home environment which contribute to enhanced academic performance.
(2) This chapter may be known and cited as project
even start. [1995 c 335 § 301; 1990 c 33 § 505; 1987 c 518
§ 104. Formerly RCW 28A.610.010, 28A.130.010.]
chapter, counted toward the fulfillment of their work and
training obligation for the receipt of public assistance.
(4) State funds as may be appropriated for project even
start shall be used solely to expand and complement, but not
supplant, federal funds for adult literary programs.
(5) The state board for community and technical
colleges shall adopt rules as necessary to carry out the
purposes of this chapter. [1995 c 335 § 303; 1990 c 33 §
507; 1987 c 518 § 106. Formerly RCW 28A.610.030,
28A.130.014.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
*Reviser’s note: RCW 28A.610.020 was recodified as RCW
28B.06.020 pursuant to 1995 c 335 § 306.
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28B.06.020 Definitions. Unless the context clearly
requires otherwise, the definition in this section shall apply
throughout this chapter.
"Parent" or "parents" means a parent who has less than
an eighth grade ability in one or more of the basic skill areas
of reading, language arts, or mathematics, as measured by a
standardized test, and who has a child or children enrolled
in: (1) The state early childhood education and assistance
program; (2) a federal head start program; (3) a state or
federally funded elementary school basic skills program
serving students who have scored below the national average
on a standardized test in one or more of the basic skill areas
of reading, language arts, or mathematics; or (4) a cooperative preschool at a community or technical college. [1995
c 335 § 302; 1990 c 33 § 506; 1987 c 518 § 105. Formerly
RCW 28A.610.020, 28A.130.012.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28B.06.030 Adult literacy program—Basic skills
instruction—Credit toward work and training requirement—Rules. (1) The state board for community and
technical colleges, in consultation with the department of
community, trade, and economic development, the department of social and health services, the superintendent of
public instruction, and community-based, nonprofit providers
of adult literacy services, shall develop an adult literacy
program to serve eligible parents as defined under *RCW
28A.610.020. The program shall give priority to serving
parents with children who have not yet enrolled in school or
are in grades kindergarten through three.
(2) In addition to providing basic skills instruction to
eligible parents, the program may include other program
components which may include transportation, child care,
and such other directly necessary activities as may be
necessary to accomplish the purposes of this chapter.
(3) Parents who elect to participate in training or work
programs, as a condition of receiving public assistance, shall
have the hours spent in parent participation programs,
conducted as part of a federal head start program, or the
state early childhood education and assistance program under
RCW 28A.215.100 through 28A.215.200 and 28A.215.900
through 28A.215.908, or parent literacy programs under this
(2002 Ed.)
28B.06.040 Preference for existing programs before
developing new programs. The state board for community
and technical colleges is authorized and directed, whenever
possible, to fund or cooperatively work with existing adult
literacy programs and parenting related programs offered
through the common school and community and technical
college systems or community-based, nonprofit organizations
to provide services for eligible parents before developing and
funding new adult literacy programs to carry out the purposes of project even start. [1996 c 11 § 1; 1987 c 518 § 107.
Formerly RCW 28A.610.040, 28A.130.016.]
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
Chapter 28B.07
WASHINGTON HIGHER EDUCATION
FACILITIES AUTHORITY
Sections
28B.07.010
28B.07.020
28B.07.030
28B.07.040
28B.07.050
28B.07.060
28B.07.070
28B.07.080
28B.07.090
28B.07.100
28B.07.110
28B.07.120
28B.07.130
28B.07.900
28B.07.910
28B.07.920
Intent.
Definitions.
Washington higher education facilities authority—
Created—Members—Chairperson—Records—Quorum—
Compensation and travel expenses.
Powers and duties.
Special obligation bonds—Issuance—Personal liability—
Debt limit.
Bonds—Special obligations—Payment—Funds—
Segregation of proceeds and moneys.
Agreements with participant—Participant’s payment of
certain costs and expenses.
Moneys deemed trust funds—Agreement or trust indenture
with bank or trust company authorized.
Holders or owners of bonds—Trustees—Enforcement of
rights—Purchase at foreclosure sale.
Bonds are securities—Legal investments.
Projects or financing—Exemption from certain restrictions
on procedures for awarding contracts.
Bond counsel—Selection.
Underwriters—Selection.
Chapter supplemental—Application of other laws.
Construction—1983 c 169.
Severability—1983 c 169.
28B.07.010 Intent. The legislature finds that the state
has a vital interest in ensuring that higher education institu[Title 28B RCW—page 5]
28B.07.010
Title 28B RCW: Higher Education
tions are maintained in the state in sufficient numbers and
located in such locations, as to be accessible to as many
citizens as possible. Adequate educational opportunities are
essential to the economic, intellectual, and social well-being
of the state and its people. Washington’s independentlygoverned private nonprofit higher education institutions are
a necessary part of the state’s higher educational resources.
They provide educational diversity and choice for all
residents of the communities in which they are located,
communities which may not otherwise be served directly by
a public baccalaureate-granting college or university.
The legislature further finds that some of the factors that
contribute to educational costs are beyond the control of
these higher education institutions and their governing
boards. The factors include the need to modify facilities to
render the facilities accessible to the handicapped or disabled, the necessity of modernizing structures to keep them
safe and efficient, and the demands of energy conservation
and resource utilization. Many of these needs are associated
with the public functions these institutions perform and the
requirements of the state and federal governments. Compounding the problem is the fact that the cost of these
renovations are borne entirely by the institutions.
Because these institutions serve an important public
purpose addressing both the needs of individuals and the
needs of the state, and because the performance of that
public function can be facilitated at no expense or liability
to the state, the legislature declares it to be the public policy
of the state of Washington to enable the building, providing,
and utilization of modern, well-equipped, efficient, and
reasonably priced higher educational facilities, as well as the
improvement, expansion, and modernization of such facilities, in a manner that will minimize the capital cost of
construction, financing, and use of such facilities. The
intention of this policy is to improve and ensure the quality
and range of educational services available to the citizens of
this state. The intent of the legislature is to accomplish
these and related purposes, and this chapter shall be liberally
construed in order to further these goals. [1983 c 169 § 1.]
28B.07.020 Definitions. As used in this chapter, the
following words and terms shall have the following meanings, unless the context otherwise requires:
(1) "Authority" means the Washington higher education
facilities authority created under RCW 28B.07.030 or any
board, body, commission, department or officer succeeding
to the principal functions of the authority or to whom the
powers conferred upon the authority shall be given by law.
(2) "Bonds" means bonds, notes, commercial paper,
certificates of indebtedness, or other evidences of indebtedness of the authority issued under this chapter.
(3) "Bond resolution" means any resolution of the
authority, adopted under this chapter, authorizing the
issuance and sale of bonds.
(4) "Higher education institution" means a private,
nonprofit educational institution, the main campus of which
is permanently situated in the state, which is open to
residents of the state, which neither restricts entry on racial
or religious grounds, which provides programs of education
beyond high school leading at least to the baccalaureate
degree, and which is accredited by the Northwest Associa[Title 28B RCW—page 6]
tion of Schools and Colleges or by an accrediting association
recognized by the higher education coordinating board.
(5) "Participant" means a higher education institution
which, under this chapter, undertakes the financing of a
project or projects or undertakes the refunding or refinancing
of obligations, mortgages, or advances previously incurred
for a project or projects.
(6) "Project" means any land or any improvement,
including, but not limited to, buildings, structures, fixtures,
utilities, machinery, excavations, paving, and landscaping,
and any interest in such land or improvements, and any personal property pertaining or useful to such land and improvements, which are necessary, useful, or convenient for the
operation of a higher education institution, including but not
limited to, the following: Dormitories or other multi-unit
housing facilities for students, faculty, officers, or employees; dining halls; student unions; administration buildings;
academic buildings; libraries; laboratories; research facilities;
computer facilities; classrooms; athletic facilities; health care
facilities; maintenance, storage, or utility facilities; parking
facilities; or any combination thereof, or any other structures,
facilities, or equipment so related.
(7) "Project cost" means any cost related to the acquisition, construction, improvement, alteration, or rehabilitation
by a participant or the authority of any project and the
financing of the project through the authority, including, but
not limited to, the following costs paid or incurred: Costs of
acquisition of land or interests in land and any improvement;
costs of contractors, builders, laborers, materialmen, and
suppliers of tools and equipment; costs of surety and
performance bonds; fees and disbursements of architects,
surveyors, engineers, feasibility consultants, accountants,
attorneys, financial consultants, and other professionals;
interest on bonds issued by the authority during any period
of construction; principal of and interest on interim financing
of any project; debt service reserve funds; depreciation
funds, costs of the initial start-up operation of any project;
fees for title insurance, document recording, or filing; fees of
trustees and the authority; taxes and other governmental
charges levied or assessed on any project; and any other
similar costs. Except as specifically set forth in this definition, the term "project cost" does not include books, fuel,
supplies, and similar items which are required to be treated
as a current expense under generally accepted accounting
principles.
(8) "Trust indenture" means any agreement, trust
indenture, or other similar instrument by and between the
authority and one or more corporate trustees. [1985 c 370
§ 47; 1983 c 169 § 2.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.07.030 Washington higher education facilities
authority—Created—Members—Chairperson—
Records—Quorum—Compensation and travel expenses.
(1) The Washington higher education facilities authority is
hereby established as a public body corporate and politic,
with perpetual corporate succession, constituting an agency
of the state of Washington exercising essential governmental
functions. The authority is a "public body" within the
meaning of RCW 39.53.010.
(2002 Ed.)
Washington Higher Education Facilities Authority
(2) The authority shall consist of seven members as
follows: The governor, lieutenant governor, executive
director of the higher education coordinating board, and four
public members, one of whom shall be the president of a
higher education institution at the time of appointment. The
public members shall be residents of the state and appointed
by the governor, subject to confirmation by the senate, on
the basis of their interest or expertise in the provision of
higher education and the financing of higher education. The
public members of the authority shall serve for terms of four
years. The initial terms of the public members shall be
staggered in a manner determined by the governor. In the
event of a vacancy on the authority due to death, resignation,
or removal of one of the public members, and upon the
expiration of the term of any public member, the governor
shall appoint a successor for a term expiring on the fourth
anniversary of the successor’s date of the appointment. If
any of the state offices are abolished, the resulting vacancy
on the authority shall be filled by the state officer who shall
succeed substantially to the power and duties of the abolished office. Any public member of the authority may be
removed by the governor for misfeasance, malfeasance,
wilful neglect of duty, or any other cause after notice and a
public hearing, unless such notice and hearing shall be
expressly waived in writing.
(3) The governor shall serve as chairperson of the
authority. The authority shall elect annually one of its
members as secretary. If the governor shall be absent from
a meeting of the authority, the secretary shall preside. However, the governor may designate an employee of the
governor’s office to act on the governor’s behalf in all other
respects during the absence of the governor at any meeting
of the authority. If the designation is in writing and is presented to the person presiding at the meetings of the authority who is included in the designation, the vote of the
designee has the same effect as if cast by the governor.
(4) Any person designated by resolution of the authority
shall keep a record of the proceedings of the authority and
shall be the custodian of all books, documents, and papers
filed with the authority, the minute book or a journal of the
authority, and the authority’s official seal, if any. The
person may cause copies to be made of all minutes and other
records and documents of the authority, and may give
certificates to the effect that such copies are true copies. All
persons dealing with the authority may rely upon the certificates.
(5) Four members of the authority constitute a quorum.
The authority may act on the basis of a motion except when
authorizing the issuance and sale of bonds, in which case the
authority shall act by resolution. Bond resolutions and other
resolutions shall be adopted upon the affirmative vote of four
members of the authority, and shall be signed by those members voting yes. Motions shall be adopted upon the affirmative vote of a majority of a quorum of members present at
any meeting of the authority. All actions taken by the
authority shall take effect immediately without need for
publication or other public notice. A vacancy in the membership of the authority does not impair the power of the
authority to act under this chapter.
(6) The members of the authority shall be compensated
in accordance with RCW 43.03.240 and shall be entitled to
reimbursement, solely from the funds of the authority, for
(2002 Ed.)
28B.07.030
travel expenses as determined by the authority incurred in
the discharge of their duties under this chapter. [1985 c 370
§ 48; 1984 c 287 § 62; 1983 c 169 § 3.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
28B.07.040 Powers and duties. The authority is
authorized and empowered to do the following, on such
terms, with such security and undertakings, subject to such
conditions, and in return for such consideration, as the
authority shall determine in its discretion to be necessary,
useful, or convenient in accomplishing the purposes of this
chapter:
(1) To promulgate rules in accordance with chapter
34.05 RCW;
(2) To adopt an official seal and to alter the same at
pleasure;
(3) To maintain an office at any place or places as the
authority may designate;
(4) To sue and be sued in its own name, and to plead
and be impleaded;
(5) To make and execute agreements with participants
and others and all other instruments necessary, useful, or
convenient for the accomplishment of the purposes of this
chapter;
(6) To provide long-term or short-term financing or
refinancing to participants for project costs, by way of loan,
lease, conditional sales contract, mortgage, option to purchase, or other financing or security device or any such
combination;
(7) If, in order to provide to participants the financing
or refinancing of project costs described in subsection (6) of
this section, the authority deems it necessary or convenient
for it to own a project or projects or any part of a project or
projects, for any period of time, it may acquire, contract,
improve, alter, rehabilitate, repair, manage, operate, mortgage, subject to a security interest, lease, sell, or convey the
project;
(8) To fix, revise from time to time, and charge and
collect from participants and others rates, rents, fees,
charges, and repayments as necessary to fully and timely
reimburse the authority for all expenses incurred by it in
providing the financing and refinancing and other services
under this section and for the repayment, when due, of all
the principal of, redemption premium, if any, and interest on
all bonds issued under this chapter to provide the financing,
refinancing, and services;
(9) To accept and receive funds, grants, gifts, pledges,
guarantees, mortgages, trust deeds, and other security
instruments, and property from the federal government or the
state or other public body, entity, or agency and from any
public or private institution, association, corporation, or organization, including participants. It shall not accept or receive
from the state or any taxing agency any money derived from
taxes, except money to be devoted to the purposes of a
project of the state or of a taxing agency;
(10) To open and maintain a bank account or accounts
in one or more qualified public depositories in this state and
to deposit all or any part of authority funds therein;
[Title 28B RCW—page 7]
28B.07.040
Title 28B RCW: Higher Education
(11) To employ consulting engineers, architects,
attorneys, accountants, construction and financial experts,
superintendents, managers, an executive director, and such
other employees and agents as may be necessary in its
judgment to carry out the purposes of this chapter, and to fix
their compensation;
(12) To provide financing or refinancing to two or more
participants for a single project or for several projects in
such combinations as the authority deems necessary, useful,
or convenient;
(13) To charge to and equitably apportion among
participants the administrative costs and expenses incurred in
the exercise of the powers and duties conferred by this
chapter;
(14) To consult with the higher education coordinating
board to determine project priorities under the purposes of
this chapter; and
(15) To do all other things necessary, useful, or convenient to carry out the purposes of this chapter.
In the exercise of any of these powers, the authority
shall incur no expense or liability which shall be an obligation, either general or special, of the state, or a general
obligation of the authority, and shall pay no expense or
liability from funds other than funds of the authority. Funds
of the state shall not be used for such purpose. [1985 c 370
§ 49; 1983 c 169 § 4.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.07.050 Special obligation bonds—Issuance—
Personal liability—Debt limit. (1) The authority may, from
time to time, issue its special obligation bonds in order to
carry out the purposes of this chapter and to enable the
authority to exercise any of the powers granted to it in this
chapter. The bonds shall be issued pursuant to a bond
resolution or trust indenture and shall be payable solely out
of the special fund or funds created by the authority in the
bond resolution or trust indenture. The special fund or funds
shall be funded in whole or in part from moneys paid by one
or more participants for whose benefit such bonds were
issued and from the sources, if any, described in RCW
28B.07.040(9) or from the proceeds of bonds issued by the
authority for the purpose of refunding any outstanding bonds
of the authority.
(2) The bonds may be secured by:
(a) A first lien against any unexpended proceeds of the
bonds;
(b) A first lien against moneys in the special fund or
funds created by the authority for their payment;
(c) A first or subordinate lien against the revenue and
receipts of the participant or participants which revenue is
derived in whole or in part from the project financed by the
authority;
(d) A first or subordinate security interest against any
real or personal property, tangible or intangible, of the
participant or participants, including, but not limited to, the
project financed by the authority;
(e) Any other real or personal property, tangible or
intangible; or
(f) Any combination of (a) through (e) of this subsection.
[Title 28B RCW—page 8]
Any security interest created against the unexpended
bond proceeds and against the special funds created by the
authority shall be immediately valid and binding against the
moneys and any securities in which the moneys may be
invested without authority or trustee possession, and the
security interest shall be prior to any party having any
competing claim against the moneys or securities, without
filing or recording under *Article 9 of the Uniform Commercial Code, Title 62A RCW, and regardless of whether the
party has notice of the security interest.
(3) The bonds may be issued as serial bonds or as term
bonds or any such combination. The bonds shall bear such
date or dates; mature at such time or times; bear interest at
such rate or rates, either fixed or variable; be payable at such
time or times; be in such denominations; be in such form,
either coupon or registered, or both; carry such registration
privileges; be made transferable, exchangeable, and interchangeable; be payable in lawful money of the United States
of America at such place or places; be subject to such terms
of redemption; and be sold at public or private sale, in such
manner, at such time, and at such price as the authority shall
determine. The bonds shall be executed by the manual or
facsimile signatures of the chairperson and the authority’s
duly-elected secretary or its executive director, and by the
trustee if the authority determines to use a trustee. At least
one signature shall be manually subscribed. Coupon bonds
shall have attached interest coupons bearing the facsimile
signatures of the chairperson and the secretary or the
executive director.
(4) Any bond resolution, trust indenture, or agreement
with a participant relating to bonds issued by the authority
or the financing or refinancing made available by the
authority may contain provisions, which may be made a part
of the contract with the holders or owners of the bonds to be
issued, pertaining to the following, among other matters: (a)
The security interests granted by the participant to secure
repayment of any amounts financed and the performance by
the participant of its other obligations in the financing; (b)
the security interests granted to the holders or owners of the
bonds to secure repayment of the bonds; (c) rentals, fees,
and other amounts to be charged, and the sums to be raised
in each year through such charges, and the use, investment,
and disposition of the sums; (d) the segregation of reserves
or sinking funds, and the regulation, investment, and disposition thereof; (e) limitations on the uses of the project; (f)
limitations on the purposes to which, or the investments in
which, the proceeds of the sale of any issue of bonds may be
applied; (g) terms pertaining to the issuance of additional
parity bonds; (h) terms pertaining to the incurrence of parity
debt; (i) the refunding of outstanding bonds; (j) procedures,
if any, by which the terms of any contract with bondholders
may be amended or abrogated; (k) acts or failures to act
which constitute a default by the participant or the authority
in their respective obligations and the rights and remedies in
the event of a default; (l) the securing of bonds by a pooling
of leases whereby the authority may assign its rights, as
lessor, and pledge rents under two or more leases with two
or more participants, as lessees; (m) terms governing performance by the trustee of its obligation; or (n) such other
additional covenants, agreements, and provisions as are
deemed necessary, useful, or convenient by the authority for
the security of the holders of the bonds.
(2002 Ed.)
Washington Higher Education Facilities Authority
(5) Bonds may be issued by the authority to refund
other outstanding authority bonds, at or prior to the maturity
thereof, and to pay any redemption premium with respect
thereto. Bonds issued for such refunding purposes may be
combined with bonds issued for the financing or refinancing
of new projects. Pending the application of the proceeds of
the refunding bonds to the redemption of the bonds to be
redeemed, the authority may enter into an agreement or
agreements with a corporate trustee under RCW 28B.07.080
with respect to the interim investment of the proceeds and
the application of the proceeds and the earnings on the
proceeds to the payment of the principal of and interest on,
and the redemption of the bonds to be redeemed.
(6) All bonds and any interest coupons appertaining to
the bonds shall be negotiable instruments under Title 62A
RCW.
(7) Neither the members of the authority, nor its
employees or agents, nor any person executing the bonds
shall be liable personally on the bonds or be subject to any
personal liability or accountability by reason of the issuance
of the bonds.
(8) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders.
(9) At no time shall the total outstanding bonded
indebtedness of the authority exceed five hundred million
dollars. [1983 c 169 § 5.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
28B.07.060 Bonds—Special obligations—Payment—
Funds—Segregation of proceeds and moneys. Bonds
issued under this chapter shall not be deemed to constitute
obligations, either general or special, of the state or of any
political subdivision of the state, or a pledge of the faith and
credit of the state or of any political subdivision, or a
general obligation of the authority. The bonds shall be
special obligations of the authority and shall be payable
solely from the special fund or funds created by the authority
in the bond resolution or trust indenture pursuant to which
the bonds were issued. The fund or funds shall be funded
in whole or in part from moneys paid by one or more
participants for whose benefit the bonds were issued, from
the sources, if any, under RCW 28B.07.040(9), or from the
proceeds of bonds issued by the authority for the purpose of
refunding any outstanding bonds of the authority. The
issuance of bonds under this chapter shall not obligate,
directly, indirectly, or contingently, the state or any political
subdivision of the state to levy any taxes or appropriate or
expend any funds for the payment of the principal or the
interest on the bonds.
Neither the proceeds of bonds issued under this chapter,
any moneys used or to be used to pay the principal of or
interest on the bonds, nor any moneys received by the
authority to defray its administrative costs shall constitute
public money or property. All of such moneys shall be kept
segregated and set apart from funds of the state and any
political subdivision of the state and shall not be subject to
appropriation or allotment by the state or subject to the
provisions of chapter 43.88 RCW. [1983 c 169 § 6.]
(2002 Ed.)
28B.07.050
28B.07.070 Agreements with participant—
Participant’s payment of certain costs and expenses. In
connection with any bonds issued by the authority, the
authority shall enter into agreements with participants which
shall provide for the payment by each participant of amounts
which shall be sufficient, together with other revenues available to the authority, if any, to: (1) Pay the participant’s
share of the administrative costs and expenses of the
authority; (2) pay the costs of maintaining, managing, and
operating the project or projects financed by the authority, to
the extent that the payment of the costs has not otherwise
been adequately provided for; (3) pay the principal of,
premium, if any, and interest on outstanding bonds of the
authority issued in respect of such project or projects as the
same shall become due and payable; and (4) create and
maintain reserves required or provided for in any bond
resolution or trust indenture authorizing the issuance of such
bonds of the authority. The payments shall not be subject to
supervision or regulation by any department, committee,
board, body, bureau, or agency of the state other than the
authority. [1983 c 169 § 7.]
28B.07.080 Moneys deemed trust funds—
Agreement or trust indenture with bank or trust company authorized. All moneys received by or on behalf of the
authority under this chapter, whether as proceeds from the
sale of bonds or from participants or from other sources
shall be deemed to be trust funds to be held and applied
solely as provided in this chapter. The authority, in lieu of
receiving and applying the moneys itself, may enter into an
agreement or trust indenture with one or more banks or trust
companies having the power and authority to conduct trust
business in the state to:
(1) Perform all of any part of the obligations of the
authority with respect to: (a) Bonds issued by it; (b) the
receipt, investment, and application of the proceeds of the
bonds and moneys paid by a participant or available from
other sources for the payment of the bonds; (c) the enforcement of the obligations of a participant in connection with
the financing or refinancing of any project; and (d) other
matters relating to the exercise of the authority’s powers
under this chapter;
(2) Receive, hold, preserve, and enforce any security
interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the holders or
owners of bonds of the authority for purposes of assuring or
enforcing the payment of the bonds, when due. [1983 c 169
§ 8.]
28B.07.090 Holders or owners of bonds—
Trustees—Enforcement of rights—Purchase at foreclosure sale. Any holder or owner of bonds of the authority
issued under this chapter or any holder of the coupons
appertaining to the bonds, and the trustee or trustees under
any trust indenture, except to the extent the rights given are
restricted by the authority in any bond resolution or trust
indenture authorizing the bonds, may, either at law or in
equity, by suit, action, mandamus, or other proceedings,
protect and enforce any of their respective rights, and may
[Title 28B RCW—page 9]
28B.07.090
Title 28B RCW: Higher Education
become the purchaser at any foreclosure sale if the person is
the highest bidder. [1983 c 169 § 9.]
28B.07.100 Bonds are securities—Legal investments. The bonds of the authority are securities in which
all public officers and bodies of this state and all counties,
cities, municipal corporations, and political subdivisions, all
banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan
associations, investment companies, insurance companies and
associations, and all executors, administrators, guardians,
trustees, and other fiduciaries may legally invest any sinking
funds, moneys, or other funds belonging to them or within
their control. [1983 c 169 § 10.]
28B.07.110 Projects or financing—Exemption from
certain restrictions on procedures for awarding contracts.
A project or the financing or refinancing thereof pursuant to
this chapter shall not be subject to the requirements of any
law or rule relating to competitive bidding, lease performance bonds, or other restrictions imposed on the procedure
for award of contracts. [1983 c 169 § 11.]
28B.07.120 Bond counsel—Selection. (1) The
authority shall adopt written policies to provide for the
selection of bond counsel. The policies shall provide for the
creation and maintenance of a roster of attorneys whom the
authority believes possess the requisite special expertise and
professional standing to provide bond counsel opinions
which would be accepted by the underwriters, bondholders
and other members of the financial community, and which
would be in furtherance of the public interest in obtaining
the lowest possible interest rates on the bonds issued by the
authority. Any attorney may apply to have his or her name
placed on the roster, but may not be placed on the roster
unless the attorney demonstrates to the authority’s satisfaction that the attorney would issue the kind of opinions
required by this section.
(2) Prior to selecting an attorney or attorneys to provide
bond counsel services, the authority shall provide all attorneys on the roster with a notice of its intentions to select
bond counsel and shall invite each of them to submit to the
authority his or her fee schedule for providing bond counsel
services. The authority shall have wide discretion in selecting the attorney or attorneys it considers to be most
appropriate to provide the services, but in the exercise of this
discretion the authority shall consider all submitted fee
schedules and the public interest in achieving issuance of
bonds on terms most favorable to the authority. At least
once every two calendar years, the authority shall select
anew an attorney or attorneys to serve as bond counsel.
However, the authority may retain an attorney for longer
than two years when necessary to complete work on a
particular bond issue. An attorney previously retained may
be selected again but only after the authority has provided
other attorneys on the roster with an opportunity to be
selected and has made the fee schedule review required
under this subsection. As an alternative to retaining counsel
for a period of time, the authority may appoint an attorney
to serve as counsel in respect to only a particular bond issue
or issues. [1983 c 169 § 13.]
[Title 28B RCW—page 10]
28B.07.130 Underwriters—Selection. (1) The
authority shall adopt written policies to provide for the
selection of underwriters. The policies shall provide for the
creation of a roster of underwriters who the authority
believes possess the requisite special expertise and professional standing to provide bond marketing services which
would be accepted by bondholders and other members of the
financial community, and which would be in furtherance of
the public interest in marketing the authority’s bonds at the
lowest possible costs. Any underwriter may apply to have
its name placed on the roster, but may not be placed on the
roster unless it demonstrates to the authority’s satisfaction
that it meets the requirements of this section.
(2) Whenever the authority decides that it needs the
services of an underwriter, it shall provide all underwriters
on the roster with a notice of its intentions and shall invite
each of them to submit to the authority an itemization of its
fees and other charges for providing underwriting services on
the issue. The itemization shall be by categories designed by
the authority. The authority shall have wide discretion in
selecting the underwriter it considers to be most appropriate
to provide the services, but in the exercise of this discretion
the authority shall consider the underwriter’s fees and other
charges and the public interest in achieving issuance of
bonds on terms most favorable to the authority. The
authority may adopt rules setting forth conditions under
which an institution of higher education may be permitted to
exercise the notice and selection procedures set forth in this
subsection. These rules shall require the institution to
comply with the provisions of this subsection as if it were
the authority and to obtain the authority’s prior approval of
the selection of an underwriter. [1983 c 169 § 14.]
28B.07.900 Chapter supplemental—Application of
other laws. This chapter provides a complete, additional,
and alternative method for accomplishing the purposes of
this chapter and shall be regarded as supplemental and
additional to powers conferred by other laws. The issuance
of bonds and refunding bonds under this chapter need not
comply with the requirements of any other law applicable to
the issuance of bonds. [1983 c 169 § 15.]
28B.07.910 Construction—1983 c 169. This chapter,
being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
Insofar as the provisions of this chapter are inconsistent with
the provisions of any general or special law, or parts thereof,
the provisions of this chapter shall be controlling. [1983 c
169 § 16.]
28B.07.920 Severability—1983 c 169. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 c 169 § 17.]
(2002 Ed.)
Colleges and Universities Generally
Chapter 28B.10
COLLEGES AND UNIVERSITIES GENERALLY
Sections
28B.10.016
28B.10.017
28B.10.020
Definitions.
"Eligible student" defined.
Acquisition of property by universities and The Evergreen
State College.
28B.10.022 Authority to enter into financing contracts—Notice.
28B.10.023 Contracts subject to requirements established under office
of minority and women’s business enterprises.
28B.10.025 Purchases of works of art—Procedure.
28B.10.027 Allocation of moneys for acquisition of works of art—
Expenditure by arts commission—Conditions.
28B.10.029 Property purchase and disposition—Independent printing
production and purchasing authority.
28B.10.030 Display of United States flag.
28B.10.031 Check cashing privileges.
28B.10.032 Public and private institutions offering teacher preparation
programs—Exploration of methods to enhance awareness of teacher preparation programs.
28B.10.040 Higher educational institutions to be nonsectarian.
28B.10.042 Personal identifiers—Use of social security numbers prohibited.
28B.10.0421 Personal identifiers—Funding.
28B.10.044 State support received by students—Information.
28B.10.050 Entrance requirements exceeding minimum requirements.
28B.10.055 Credits—Statewide transfer policy and agreement—
Establishment.
28B.10.100 "Major line" defined.
28B.10.105 Courses exclusive to the University of Washington.
28B.10.106 Courses exclusive to Washington State University.
28B.10.115 Major lines common to University of Washington and
Washington State University.
28B.10.120 Graduate work.
28B.10.125 Technology literacy—Reports.
28B.10.140 Teachers’, principals’ and superintendents’ training courses.
28B.10.170 College and university fees.
28B.10.210 Blind students, assistance to—"Blind student" defined.
28B.10.215 Blind students, assistance to—Allocation of funds.
28B.10.220 Blind students, assistance to—Administration of funds.
28B.10.265 Waiver from fees—Children of certain citizens missing in
action or prisoners of war.
28B.10.280 Student loans—Federal student aid programs.
28B.10.281 Student loans—Certain activities may make student ineligible for aid.
28B.10.284 Uniform minor student capacity to borrow act.
28B.10.293 Additional charges authorized in collection of debts—
Public and private institutions of higher education.
28B.10.295 Educational materials on abuses of, and illnesses consequent from, alcohol.
28B.10.300 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College—Authorized.
28B.10.305 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College—Use of lands, buildings, and
facilities.
28B.10.310 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College—Bonds—Sale, interest, form,
payment, term, execution, negotiability, etc.
28B.10.315 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College—Funding, refunding bonds.
28B.10.320 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College—Authority to be liberally
construed—Future acquisitions and installations may be
pledged for payment.
28B.10.325 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College—Rate of interest on obligations.
(2002 Ed.)
28B.10.330
28B.10.335
28B.10.350
28B.10.360
28B.10.400
28B.10.401
28B.10.405
28B.10.407
28B.10.409
28B.10.410
28B.10.415
28B.10.417
28B.10.420
28B.10.423
28B.10.425
28B.10.430
28B.10.431
28B.10.480
28B.10.485
28B.10.487
28B.10.500
28B.10.510
28B.10.520
28B.10.525
28B.10.528
28B.10.550
28B.10.555
28B.10.560
28B.10.567
28B.10.569
28B.10.570
28B.10.571
28B.10.572
28B.10.573
28B.10.575
28B.10.580
28B.10.582
28B.10.584
Chapter 28B.10
Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College—Nonliability of state.
Validation of prior bond issues.
Construction work, remodeling or demolition, bids when—
Exemption—Waiver—Prevailing rate of wage—
Universities and The Evergreen State College.
Educational and career opportunities in the military, student
access to information on, when.
Annuities and retirement income plans—Authorized.
Assumptions to be applied when establishing supplemental
payment under RCW 28B.10.400(3).
Annuities and retirement income plans—Contributions by
faculty and employees.
Annuities and retirement income plans—Credit for authorized leaves of absence without pay.
Annuities and retirement income plans—Membership while
serving as state legislator.
Annuities and retirement income plans—Limitation on
institution’s contribution.
Annuities and retirement income plans—Limitation on
annuity or retirement income plan payment.
Annuities and retirement income plans—Rights and duties
of faculty or employees with Washington state teachers’
retirement system credit—Regional universities and The
Evergreen State College.
Annuities and retirement income plans—Retirement at age
seventy—Reemployment, conditions when.
Annuities and retirement income plans—Limit on retirement income—Adjustment of rates.
Additional pension for certain retired university faculty
members or employees.
Annuities and retirement income plans—Minimum monthly
benefit—Computation.
Annuities and retirement income plans—Monthly benefit—
Post-retirement adjustment—Computation.
Tax deferred annuities for employees.
Charitable gift annuities, issuance of by universities and
The Evergreen State College—Scope.
Charitable gift annuities, issuance of by universities and
The Evergreen State College—Obligation as to annuity
payments.
Removal of regents or trustees from universities and The
Evergreen State College.
Attorney general as advisor.
Regents and trustees—Oaths.
Regents and trustees—Travel expenses.
Delegation of powers and duties by governing boards.
Police forces for universities and The Evergreen State College—Authorized.
Police forces for universities and The Evergreen State College—Powers.
Police forces for universities and The Evergreen State College—Establishment of traffic regulations—Adjudication
of parking infractions—Appeal.
Police forces for universities and The Evergreen State College—Benefits for duty-related death, disability or injury.
Crime statistics reporting—Safety information provided—
Task forces on campus security and safety.
Interfering by force or violence with any administrator,
faculty member or student unlawful.
Intimidating any administrator, faculty member or student
by threat of force or violence unlawful.
Certain unlawful acts—Disciplinary authority exception.
Certain unlawful acts—Penalty.
Student housing—Liquor prohibited, areas—Complaints
regarding liquor and illegal drug use—Policies, procedures, sanctions.
Term papers, theses, dissertations, sale of prohibited—
Legislative findings—Purpose.
Term papers, theses, dissertations, sale of prohibited—
Definitions.
Term papers, theses, dissertations, sale of prohibited—
Violations enumerated—Exempted acts—Civil penalties—Injunctive relief.
[Title 28B RCW—page 11]
Chapter 28B.10
28B.10.600
Title 28B RCW: Higher Education
District schools may be used for teacher training by universities and The Evergreen State College—Authority.
28B.10.605 District schools may be used for teacher training by universities and The Evergreen State College—Agreement for
financing, organization, etc.
28B.10.620 Agreements for research work by private nonprofit corporations at universities—Authority.
28B.10.625 Agreements for research work by private nonprofit corporations at universities—Funds may be expended in cooperative effort.
28B.10.640 Student associations to contract for certain purchases, concessions, printing, etc.—Procedure.
28B.10.648 Employees—Peer review committees—Members’ immunity—Proceedings—Statement of reasons—Legal representation of members.
28B.10.650 Remunerated professional leaves for faculty members of
institutions of higher education.
28B.10.660 Insurance or protection authorized—Premiums—Health
benefits for graduate student appointees.
28B.10.665 Liability insurance for officers and employees authorized.
28B.10.680 Precollege course work—Findings—Intent.
28B.10.682 Precollege course work—Adoption of definitions.
28B.10.685 Precollege course work—Enrollment information—Report.
28B.10.690 Graduation rate improvement—Findings.
28B.10.691 Graduation rate improvement—Strategic plans—Adoption
of strategies.
28B.10.693 Graduation rate improvement—Student progression understandings.
28B.10.700 Physical education in curriculum.
28B.10.703 Programs for intercollegiate athletic competition—
Authorized.
28B.10.704 Funds for assistance of student participants in intercollegiate activities or activities relating to performing arts.
28B.10.710 Washington state or Pacific Northwest history in curriculum.
28B.10.730 AIDS information—Four-year institutions.
28B.10.776 Budget calculation—Enrollment levels—Participation rate.
28B.10.778 Budget calculation—New enrollments—Funding level—
Inflation factor.
28B.10.780 Budget calculation—Funding level.
28B.10.782 Budget calculation—Increased enrollment target level—
Availability of information.
28B.10.784 Budget calculation—Participation rate and enrollment level
estimates—Recommendations to governor and legislature.
28B.10.786 Budget calculation—Student financial aid programs.
28B.10.790 State student financial aid program—Certain residents attending college or university in another state, applicability to—Authorization.
28B.10.792 State student financial aid program—Certain residents attending college or university in another state, applicability to—Guidelines.
28B.10.800 State student financial aid program—State need grant program established—Purpose.
28B.10.801 State student financial aid program—State need grant program—Findings—Intent.
28B.10.802 State student financial aid program—Definitions.
28B.10.804 State student financial aid program—Board, guidelines in
performance of duties.
28B.10.806 State student financial aid program—Powers and duties of
board.
28B.10.808 State student financial aid program—State need grant
awards.
28B.10.8081 Persian Gulf veterans—Limited application of RCW
28B.10.808.
28B.10.810 State student financial aid program—Eligibility for state
need grant.
28B.10.812 State student financial aid program—Aid granted without
regard to applicant’s race, creed, color, religion, sex, or
ancestry.
28B.10.814 State student financial aid program—Theology student
denied aid.
28B.10.816 State student financial aid program—Application of award.
28B.10.818 State student financial aid program—Commission to determine how funds disbursed.
[Title 28B RCW—page 12]
28B.10.820
28B.10.821
28B.10.822
28B.10.824
28B.10.825
28B.10.840
28B.10.842
28B.10.844
28B.10.850
28B.10.851
28B.10.852
28B.10.853
28B.10.854
28B.10.855
28B.10.859
28B.10.863
28B.10.866
28B.10.867
28B.10.868
28B.10.869
28B.10.870
28B.10.871
28B.10.872
28B.10.873
28B.10.874
28B.10.878
28B.10.880
28B.10.881
28B.10.882
28B.10.883
28B.10.884
28B.10.885
28B.10.886
28B.10.887
28B.10.890
28B.10.900
28B.10.901
28B.10.902
State student financial aid program—Grants, gifts, bequests
and devises of property.
State educational trust fund—Deposits—Expenditures.
State student financial aid program—Board rules.
State student financial aid program—Commission, executive director, employees—Appointment—Salaries.
Institutional student loan fund for needy students.
Definitions for purposes of RCW 28B.10.840 through
28B.10.844.
Actions against regents, trustees, officers, employees, or
agents of institutions of higher education or educational
boards—Defense—Costs—Payment of obligations from
liability account.
Regents, trustees, officers, employees or agents of institutions of higher education or educational boards, insurance to protect and hold personally harmless.
Capital improvements, bonds for—Authorized—Form,
terms, conditions, sale, signatures.
Capital improvements, bonds for—Account created, purpose.
Capital improvements, bonds for—Bond anticipation notes,
purpose.
Capital improvements, bonds for—Bond redemption fund
created, purpose—Compelling transfer of funds to.
Capital improvements, bonds for—Legislature may provide
additional means of revenue.
Capital improvements, bonds for—As legal investment for
state and municipal funds.
Distinguished professorship trust fund program—"Private
donation" defined.
Distinguished professorship program—Solicitation and
receipt of gifts—Investment of endowed funds—Report
to the legislature.
Distinguished professorship trust fund program—Intent.
Distinguished professorship trust fund program—
Establishment—Administration.
Distinguished professorship trust fund program—Trust fund
established.
Distinguished professorship trust fund program—
Guidelines—Allocation system.
Distinguished professorship trust fund program—Matching
funds—Donations or appropriations—Disbursement of
funds.
Distinguished professorship trust fund program—Name of
professorship—Duties of institution—Use of endowment
proceeds.
Distinguished professorship trust fund program—Moneys
not subject to collective bargaining.
Distinguished professorship trust fund program—
Continuation of program established under prior law.
Distinguished professorship trust fund program—Transfer
of administration—Recommendations to governor and
legislature.
G. Robert Ross distinguished faculty award.
Graduate fellowship trust fund program—Intent.
Graduate fellowship trust fund program—Establishment—
Administration.
Graduate fellowship trust fund—Matching funds.
Graduate fellowship trust fund program—Guidelines—
Allocation system.
Graduate fellowship trust fund program—Matching funds—
Donations—Disbursement of funds.
Graduate fellowship trust fund program—Name of fellowship—Duties of institution—Use of endowment proceeds.
Graduate fellowship trust fund program—Moneys not subject to collective bargaining.
Graduate fellowship trust fund program—Transfer of administration.
Collegiate license plate fund—Scholarships.
"Hazing" defined.
Hazing prohibited—Penalty.
Participating in or permitting hazing—Loss of state-funded
grants or awards—Loss of official recognition or control—Rules.
(2002 Ed.)
Colleges and Universities Generally
28B.10.903
Conduct associated with initiation into group or pastime or
amusement with group—Sanctions adopted by rule.
28B.10.910 Students with disabilities—Core services.
28B.10.912 Students with disabilities—Core services described—Notice
of nondiscrimination.
28B.10.914 Students with disabilities—Accommodation.
Accreditation lists of colleges and universities whose graduates may receive
teachers’ certificates: RCW 28A.305.130(1) and (3).
AIDS information: Chapter 70.24 RCW.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Business colleges, excise tax: RCW 82.04.170.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Common schools, joint programs with for highly capable students: RCW
28A.185.030.
Determination of lands purchased or leased by institutions of higher
education are used as school sites—Reversion, when: RCW
79.01.780.
Discrimination to deny public accommodations because of race, color, or
creed, penalty: RCW 9.91.010.
Enrollment forecasts: RCW 43.62.050.
Eye protection, public and private educational institutions: RCW
70.100.010 through 70.100.040.
Gender equity—Goals: RCW 28B.15.455.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Incorporation
articles of incorporation: RCW 24.03.025.
dissolution: RCW 24.03.220, 24.03.250.
filing articles of consolidation: RCW 24.03.200.
filing fees: RCW 24.03.405.
merger and consolidation
articles of incorporation upon consolidation: RCW 24.03.200.
authorized: RCW 24.03.195.
effect: RCW 24.03.210.
effective, when: RCW 24.03.205.
filing fee: RCW 24.03.405.
joint agreement: RCW 24.03.195.
liabilities and obligations upon: RCW 24.03.210 through 24.03.230.
property status upon: RCW 24.03.210 through 24.03.230.
when becomes effective: RCW 24.03.205.
powers: RCW 24.03.035.
Information and research services of colleges and universities, authority for
school districts to obtain: RCW 28A.320.110.
Institutions of higher education, purchase of leased lands with improvements by: RCW 79.01.770 through 79.01.778.
Normal schools included in public school system: State Constitution Art.
9 § 2.
Purchase of materials and supplies
compliance with regulations as to required: RCW 43.19.200.
general administration department powers as to: RCW 43.19.190.
Report on postsecondary educational system to higher education coordinating board: RCW 28B.80.616.
Sale of alcohol to, special price: RCW 66.16.010.
State work-study program: Chapter 28B.12 RCW.
Stills, license for laboratory: RCW 66.24.140.
Students, residence for election purposes not lost by: State Constitution
Art. 6 § 4, RCW 29.01.140(3).
Vacation leave for personnel: RCW 43.01.042.
Western regional higher education compact: Chapter 28B.70 RCW.
28B.10.016 Definitions. For the purposes of this title:
(1) "State universities" means the University of Washington and Washington State University.
(2002 Ed.)
Chapter 28B.10
(2) "Regional universities" means Western Washington
University at Bellingham, Central Washington University at
Ellensburg, and Eastern Washington University at Cheney.
(3) "State college" means The Evergreen State College
in Thurston county.
(4) "Institutions of higher education" or "postsecondary
institutions" means the state universities, the regional
universities, The Evergreen State College, the community
colleges, and the technical colleges.
(5) "Governing board" means the board of regents or the
board of trustees of the institutions of higher education.
[1992 c 231 § 1; 1991 c 238 § 113; 1977 ex.s. c 169 § 1.]
Effective date—1992 c 231: "This act shall take effect July 1, 1992."
[1992 c 231 § 35.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Tenure or terms, rights, including property rights, not affected—
1977 ex.s. c 169: "Nothing in this 1977 amendatory act shall affect the
tenure of or the terms of any officials, administrative assistants, faculty
members, or other employees of any institution of higher education within
this state, whether such institutions have hereinabove in this 1977 amendatory act been redesignated as regional universities or otherwise. Nothing in
this 1977 amendatory act shall affect any rights, whether to property or
otherwise, existing on or after the effective date of this 1977 amendatory
act, the intent of the legislature being solely to redesignate as regional
universities certain institutions of higher education within this state." [1977
ex.s. c 169 § 113.]
Statute and RCW designations affected—1977 ex.s. c 169: "It is
the intent of the legislature that after the effective date of this 1977
amendatory act, where the names "Western Washington State College",
"Central Washington State College", or "Eastern Washington State College"
are used in any bill enacted by the legislature or found within the Revised
Code of Washington, they shall mean "Western Washington University",
"Central Washington University", and "Eastern Washington University",
respectively." [1977 ex.s. c 169 § 114.]
Severability—1977 ex.s. c 169: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 169 § 116.]
28B.10.017 "Eligible student" defined. "Eligible
student" means a student who (1) was enrolled in a Washington college, university, community college, or vocationaltechnical institute on or after August 2, 1990, and (2) is
unable to complete the period of enrollment or academic
term in which the student was enrolled because the student
was deployed either in the Persian Gulf combat zone, as
designated by the president of the United States by executive
order, or in another location in support of the Persian Gulf
combat zone. An eligible student is required to verify his or
her inability to complete an academic term through military
service records, movement orders, or a certified letter signed
by the student’s installation personnel officer. [1991 c 164
§ 1.]
28B.10.020 Acquisition of property by universities
and The Evergreen State College. The boards of regents
of the University of Washington and Washington State
University, respectively, and the boards of trustees of Central
Washington University, Eastern Washington University,
Western Washington University, and The Evergreen State
College, respectively, shall have the power and authority to
acquire by exchange, gift, purchase, lease, or condemnation
in the manner provided by chapter 8.04 RCW for condemnation of property for public use, such lands, real estate
[Title 28B RCW—page 13]
28B.10.020
Title 28B RCW: Higher Education
and other property, and interests therein as they may deem
necessary for the use of said institutions respectively.
However, the purchase or lease of major off-campus facilities is subject to the approval of the higher education
coordinating board under RCW 28B.80.340. [1985 c 370 §
50; 1977 ex.s. c 169 § 7; 1969 ex.s. c 223 § 28B.10.020.
Prior: 1967 c 47 § 16; 1947 c 104 § 1; Rem. Supp. 1947 §
4623-20. Formerly RCW 28.76.020.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.022 Authority to enter into financing
contracts—Notice. The boards of regents of the state
universities and the boards of trustees of the regional
universities, The Evergreen State College, and the state
board for community and technical colleges, are severally
authorized to enter into financing contracts as provided in
chapter 39.94 RCW. Except as provided in this section,
financing contracts shall be subject to the approval of the
state finance committee. Except for facilities financed under
chapter 28B.140 RCW, the board of regents of a state
university may enter into financing contracts which are
payable solely from and secured by all or any component of
the fees and revenues of the university derived from its
ownership and operation of its facilities not subject to
appropriation by the legislature and not constituting "general
state revenues," as defined in Article VIII, section 1 of the
state Constitution, without the prior approval of the state
finance committee. The board of regents shall notify the
state finance committee at least sixty days prior to entering
into such contract and provide information relating to such
contract as requested by the state finance committee. [2002
c 151 § 5; 1989 c 356 § 6.]
28B.10.023 Contracts subject to requirements
established under office of minority and women’s business enterprises. All contracts entered into under this
chapter by institutions of higher education on or after
September 1, 1983, are subject to the requirements established under chapter 39.19 RCW. [1983 c 120 § 10.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
28B.10.025 Purchases of works of art—Procedure.
The Washington state arts commission shall, in consultation
with the boards of regents of the University of Washington
and Washington State University and with the boards of
trustees of the regional universities, The Evergreen State
College, and the community college districts, determine the
amount to be made available for the purchases of art under
RCW 28B.10.027, and payment therefor shall be made in
accordance with law. The designation of projects and sites,
the selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art
shall be the responsibility of the Washington state arts
commission in consultation with the board of regents or
trustees. However, the costs to carry out the Washington
state arts commission’s responsibility for maintenance shall
[Title 28B RCW—page 14]
not be funded from the moneys referred to under this
section, RCW 43.17.200, 43.19.455, or 28A.335.210, but
shall be contingent upon adequate appropriations being made
for that purpose. [1990 c 33 § 557; 1983 c 204 § 8; 1977
ex.s. c 169 § 8; 1974 ex.s. c 176 § 4.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Acquisition of works of art for public buildings and lands—Visual arts
program established: RCW 43.46.090.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Purchase of works of art—Interagency reimbursement for expenditure by
visual arts program: RCW 43.17.205.
State art collection: RCW 43.46.095.
28B.10.027 Allocation of moneys for acquisition of
works of art—Expenditure by arts commission—
Conditions. All universities and colleges shall allocate as
a nondeductible item, out of any moneys appropriated for the
original construction or any major renovation or remodel
work exceeding two hundred thousand dollars of any building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission
with the approval of the board of regents or trustees for the
acquisition of works of art. The works of art may be placed
on public lands of institutions of higher education, integral
to or attached to a public building or structure of institutions
of higher education, detached within or outside a public
building or structure of institutions of higher education, part
of a portable exhibition or collection, part of a temporary
exhibition, or loaned or exhibited in other public facilities.
In addition to the cost of the works of art the one-half
of one percent of the appropriation shall be used to provide
for the administration of the visual arts program by the
Washington state arts commission and all costs for installation of the work of art. For the purpose of this section
building shall not include sheds, warehouses, and other
buildings of a temporary nature. [1983 c 204 § 9.]
Severability—1983 c 204: See note following RCW 43.46.090.
28B.10.029 Property purchase and disposition—
Independent printing production and purchasing authority. (1) An institution of higher education may exercise
independently those powers otherwise granted to the director
of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support,
maintenance, and use of the respective institution of higher
education. Property disposition policies followed by institutions of higher education shall be consistent with policies
followed by the department of general administration. Purchasing policies and procedures followed by institutions of
higher education shall be in compliance with chapters 39.19,
39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906,
43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685,
43.19.700 through 43.19.704, and 43.19.560 through
43.19.637. The community and technical colleges shall
comply with RCW 43.19.450. Except for the University of
Washington, institutions of higher education shall comply
(2002 Ed.)
Colleges and Universities Generally
with *RCW 43.19.1935, 43.19.19363, and 43.19.19368. If
an institution of higher education can satisfactorily demonstrate to the director of the office of financial management
that the cost of compliance is greater than the value of
benefits from any of the following statutes, then it shall be
exempt from them: RCW 43.19.685; 43.19.534; and
43.19.637. Any institution of higher education that chooses
to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of
general administration. Thereafter the director of general
administration shall not be required to provide those services
for that institution for the duration of the general administration contract term for that commodity or group of commodities.
(2) An institution of higher education may exercise
independently those powers otherwise granted to the public
printer in chapter 43.78 RCW in connection with the
production or purchase of any printing and binding needed
by the respective institution of higher education. Purchasing
policies and procedures followed by institutions of higher
education shall be in compliance with chapter 39.19 RCW.
Any institution of higher education that chooses to exercise
independent printing production or purchasing authority shall
notify the public printer. Thereafter the public printer shall
not be required to provide those services for that institution.
[1998 c 344 § 5; 1998 c 111 § 2; 1996 c 110 § 5; 1993 c
379 § 101.]
Reviser’s note: *(1) RCW 43.19.1935, 43.19.19363, and 43.19.19368
were recodified as RCW 43.41.310, 43.41.290, and 43.41.350, respectively,
pursuant to 2002 c 332 § 25.
(2) This section was amended by 1998 c 111 § 2 and by 1998 c 344
§ 5, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
Intent—1993 c 379: "The legislature acknowledges the academic
freedom of institutions of higher education, and seeks to improve their
efficiency and effectiveness in carrying out their missions. By this act, the
legislature intends to increase the flexibility of institutions of higher
education to manage personnel, construction, purchasing, printing, and
tuition." [1993 c 379 § 1.]
Severability—1993 c 379: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 379 § 407.]
Effective date—1993 c 379: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 379 § 408.]
28B.10.030 Display of United States flag. Every
board of trustees or board of regents shall cause a United
States flag being in good condition to be displayed on the
campus of their respective state institution of higher education during the hours of nine o’clock a.m. and four o’clock
p.m. on school days, except during inclement weather.
[1969 ex.s. c 223 § 28B.10.030. Prior: 1939 c 17 § 1; RRS
§ 4531-1. Formerly RCW 28.76.030.]
28B.10.031 Check cashing privileges. (1) Any
institution of higher education may, at its option and after
the approval by governing boards, accept in exchange for
cash a payroll check, expense check, financial aid check, or
(2002 Ed.)
28B.10.029
personal check from a student or employee of that institution
of higher education in accordance with the following
conditions:
(a) The check shall be drawn to the order of cash or
bearer and be immediately payable by a drawee financial
institution;
(b) The person presenting the check to the institution of
higher education shall produce identification that he or she
is currently enrolled or employed at the institution of higher
education; and
(c) The payroll check, expense check, or financial aid
check shall have been issued by the institution of higher
education.
(2) In the event that any personal check cashed under
this section is dishonored by the drawee financial institution
when presented for payment, the institution of higher
education, after giving notice of the dishonor to the student
or employee and providing an opportunity for a brief
adjudicative proceeding, may:
(a) In the case of a student, place a hold on the
student’s enrollment and transcript records until payment in
full of the value of the dishonored check and reasonable
collection fees and costs;
(b) In the case of an employee, withhold from the next
payroll check or expense check the full amount of the
dishonored check plus a collection fee. In the case that the
employee no longer is employed by the institution of higher
education at time of dishonor, then the institution of higher
education may pursue other legal collection efforts that are
to be paid by the drawer or endorser of the dishonored check
along with the full value of the check. [1993 c 145 § 1.]
28B.10.032 Public and private institutions offering
teacher preparation programs—Exploration of methods
to enhance awareness of teacher preparation programs.
The state’s public and private institutions of higher education
offering teacher preparation programs and school districts are
encouraged to explore ways to facilitate faculty exchanges,
and other cooperative arrangements, to generate increased
awareness and understanding by higher education faculty of
the common school teaching experience and increased
awareness and understanding by common school faculty of
the teacher preparation programs. [1987 c 525 § 233.]
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Severability—1987 c 525: See note following RCW 28A.300.050.
28B.10.040 Higher educational institutions to be
nonsectarian. All institutions of higher education supported
wholly or in part by state funds, and by whatsoever name so
designated, shall be forever free from religious or sectarian
control or influence. [1969 ex.s. c 223 § 28B.10.040. Prior:
(i) 1909 c 97 p 242 § 7; RRS § 4559; prior: 1897 c 118 §
188; 1890 p 396 § 5. Formerly RCW 28.77.013; 28.76.040,
part. (ii) 1909 c 97 p 243 § 1, part; RRS § 4568, part; prior:
1897 c 118 § 190, part; 1891 c 145 § 1, part. Formerly
RCW 28.80.015, part; 28.76.040, part.]
Nonsectarian: State Constitution Art. 9 § 4, Art. 26.
28B.10.042 Personal identifiers—Use of social
security numbers prohibited. (1) Institutions of higher
[Title 28B RCW—page 15]
28B.10.042
Title 28B RCW: Higher Education
education shall not use the social security number of any
student, staff, or faculty for identification except for the purposes of employment, financial aid, research, assessment,
accountability, transcripts, or as otherwise required by state
or federal law.
(2) Each institution of higher education shall develop a
system of personal identifiers for students to be used for
grading and other administrative purposes. The personal
identifiers may not be social security numbers. [2001 c 103
§ 2.]
Findings—2001 c 103: "The legislature finds that the occurrences of
identity theft are increasing. The legislature also finds that widespread use
of the federally issued social security numbers has made identity theft more
likely to occur." [2001 c 103 § 1.]
Effective date—2001 c 103 § 2: "Section 2 of this act takes effect
July 1, 2002." [2001 c 103 § 5.]
28B.10.0421 Personal identifiers—Funding. Each
institution of higher education shall use its own existing
budgetary funds to develop the system for personal identifiers. No new state funds shall be allocated for this purpose.
[2001 c 103 § 4.]
Findings—2001 c 103: See note following RCW 28B.10.042.
28B.10.044 State support received by students—
Information. (1) The higher education coordinating board
shall annually develop information on the approximate
amount of state support that students receive. For students
at state-supported colleges and universities, the information
shall include the approximate level of support received by
students in each tuition category. That information may
include consideration of the following: Expenditures included in the educational cost formula, revenue forgiven
from waived tuition and fees, state-funded financial aid
awarded to students at public institutions, and all or a portion
of appropriated amounts not reflected in the educational cost
formula for institutional programs and services that may
affect or enhance the educational experience of students at
a particular institution. For students attending a private
college, university, or proprietary school, the information
shall include the amount of state-funded financial aid
awarded to students attending the institution.
(2) Beginning July 30, 1993, the board shall annually
provide information appropriate to each institution’s student
body to each state-supported four-year institution of higher
education and to the state board for community and technical
colleges for distribution to community colleges and technical
colleges.
(3) Beginning July 30, 1993, the board shall annually
provide information on the level of financial aid received by
students at that institution to each private university, college,
or proprietary school, that enrolls students receiving statefunded financial aid.
(4) Beginning with the 1997 fall academic term, each
institution of higher education described in subsection (2) or
(3) of this section shall provide to students at the institution
information on the approximate amount that the state is
contributing to the support of their education. Information
provided to students at each state-supported college and
university shall include the approximate amount of state
support received by students in each tuition category at that
institution. The amount of state support shall be based on
[Title 28B RCW—page 16]
the information provided by the higher education coordinating board under subsections (1) through (3) of this section.
The information shall be provided to students at the beginning of each academic term through one or more of the
following: Registration materials, class schedules, tuition
and fee billing packets, student newspapers, or via e-mail or
kiosk. [1997 c 48 § 1; 1993 c 250 § 1.]
28B.10.050 Entrance requirements exceeding
minimum requirements. Except as the legislature shall
otherwise specifically direct, the boards of regents and the
boards of trustees for the state universities, the regional
universities, and The Evergreen State College may establish
entrance requirements for their respective institutions of
higher education which meet or exceed the minimum
entrance requirements established under RCW
28B.80.350(2). [1985 c 370 § 91; 1984 c 278 § 19; 1977
ex.s. c 169 § 9; 1969 ex.s. c 223 § 28B.10.050. Prior: 1917
c 10 § 9; RRS § 4540. Formerly RCW 28.76.050.]
Reviser’s note: In 1985 c 370, the legislature amended language that,
pursuant to 1984 c 278, was not to take effect until July 1, 1986. The 1985
c 370 amendment to RCW 28B.10.050 takes effect January 1, 1986.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1984 c 278: See note following RCW 28A.185.010.
Effective date—1984 c 278: See note following RCW 28A.230.130.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.055 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.80.280 and
28B.80.290.
28B.10.100 "Major line" defined. The term "major
line," whenever used in this code, shall be held and construed to mean the development of the work or courses of
study in certain subjects to their fullest extent, leading to a
degree or degrees in that subject. [1969 ex.s. c 223 §
28B.10.100. Prior: 1917 c 10 § 1; RRS § 4532. Formerly
RCW 28.76.010.]
28B.10.105 Courses exclusive to the University of
Washington. See RCW 28B.20.060.
28B.10.106 Courses exclusive to Washington State
University. See RCW 28B.30.060 and 28B.30.065.
28B.10.115 Major lines common to University of
Washington and Washington State University. The
courses of instruction of both the University of Washington
and Washington State University shall embrace as major
lines, pharmacy, architecture, civil engineering, electrical
engineering, mechanical engineering, chemical engineering,
and forest management as distinguished from forest products
and logging engineering which are exclusive to the University of Washington. These major lines shall be offered and
taught at said institutions only. [1985 c 218 § 1; 1969 ex.s.
c 223 § 28B.10.115. Prior: 1963 c 23 § 2; 1961 c 71 § 2;
prior: (i) 1917 c 10 § 8; RRS § 4539. (ii) 1917 c 10 § 4;
RRS § 4535. Formerly RCW 28.76.080.]
(2002 Ed.)
Colleges and Universities Generally
28B.10.120 Graduate work. Whenever a course is
authorized to be offered and taught by this code, in any of
the institutions herein mentioned, as a major line, it shall
carry with it the right to offer, and teach graduate work in
such major lines. [1969 ex.s. c 223 § 28B.10.120. Prior:
1917 c 10 § 7; RRS § 4538. Formerly RCW 28.76.100.]
28B.10.125 Technology literacy—Reports. (1)
Beginning in April 2000, representatives of the public
baccalaureate institutions designated by the council of presidents, in consultation with representatives of the community
and technical colleges and representatives of the higher
education coordinating board, shall convene an
interinstitutional group to begin to: (a) Develop a definition
of information and technology literacy; (b) develop strategies
or standards by which to measure the achievement of
information and technology literacy; and (c) develop a
financial assessment of the cost of implementation.
(2) The baccalaureate institutions shall provide the
house of representatives and senate committees on higher
education with a progress report in January 2001.
(3) By the end of January 2002, the baccalaureate
institutions shall deliver to the house of representatives and
senate committees on higher education a report detailing: (a)
The definition of information and technology literacy; (b)
strategies or standards for measurement; (c) institutionally
specific plans for implementation; and (d) an evaluation of
the feasibility of implementation taking into consideration
cost.
(4) If the legislature determines that implementation is
feasible, the public baccalaureate institutions shall pilot test
strategies to assess and report on information and technology
literacy during the 2002-03 academic year.
(5) By the end of January 2004, the institutions shall
report to the house of representatives and senate committees
on higher education the results of the 2002-03 pilot study.
(6) Implementation of assessment strategies shall begin
in the academic year 2003-04.
(7) The higher education coordinating board shall report
results to the house of representatives and senate committees
on higher education in the 2005 legislative session. [2000 c
166 § 2.]
Findings—2000 c 166: "The legislature finds that competence in
information literacy and fluency in information technology are increasingly
important in the workplace as well as in day-to-day activities. The
legislature finds that to prepare students to meet the challenges of the work
force and society, students must be able to effectively manage and apply
information from a variety of sources. In addition, the legislature finds that
institutions of higher education have the opportunity to provide students
with a framework and approach to use information and technology
effectively." [2000 c 166 § 1.]
28B.10.140
Teachers’, principals’ and
superintendents’ training courses. The University of
Washington, Washington State University, Central Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College are
each authorized to train teachers and other personnel for
whom teaching certificates or special credentials prescribed
by the state board of education are required, for any grade,
level, department or position of the public schools of the
state, except that the training for superintendents, over and
above that required for teaching certificates and principals’
(2002 Ed.)
28B.10.120
credentials, shall be given by the University of Washington
and Washington State University only. [1977 ex.s. c 169 §
10; 1969 ex.s. c 223 § 28B.10.140. Prior: 1967 c 47 § 17;
1949 c 34 § 1; Rem. Supp. 1949 § 4618-3. Formerly RCW
28.76.120.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.170 College and university fees. See chapter
28B.15 RCW.
28B.10.210 Blind students, assistance to—"Blind
student" defined. A blind student is defined for the
purpose of RCW 28B.10.210 through 28B.10.220 to be a
person who (a) is unable to read because of defective
eyesight and (b) is qualified for admission to an institution
of higher education within the state by reason of studies
previously pursued. Such blind student must have been a
resident of the state of Washington for one year next
preceding the date upon which he received any benefits
under RCW 28B.10.210 through 28B.10.220, and must make
a reasonable showing that he does not have resources with
which to finance his education. Inability to read because of
defective eyesight may be established for the purposes hereof
by a letter from a practicing physician specializing in
treatment of the eye. [1969 ex.s. c 223 § 28B.10.210. Prior:
1949 c 232 § 1; 1935 c 154 § 1; Rem. Supp. 1949 § 4542-1.
Formerly RCW 28.76.129; 28.76.010, part.]
28B.10.215 Blind students, assistance to—Allocation
of funds. There is allocated to each and every blind student
attending any institution of higher education within the state
a sum not to exceed two hundred dollars per quarter, or so
much thereof as may be necessary in the opinion of the
higher education coordinating board in the state of Washington, to provide said blind student with readers, books,
recordings, recorders, or other means of reproducing and
imparting ideas, while attending said institution of higher
education: PROVIDED, That said allocation shall be made
out of any moneys in the general fund not otherwise appropriated. [1985 c 370 § 51; 1982 1st ex.s. c 37 § 6; 1974
ex.s. c 68 § 1; 1969 ex.s. c 223 § 28B.10.215. Prior: 1955
c 175 § 1; 1949 c 232 § 2; 1935 c 154 § 2; Rem. Supp.
1949 § 4542-2. Formerly RCW 28.76.130.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
28B.10.220 Blind students, assistance to—
Administration of funds. All blind student assistance shall
be distributed under the supervision of the higher education
coordinating board in the state of Washington. The moneys
or any part thereof allocated in the manner referred to in
RCW 28B.10.215 shall, for furnishing said books or equipment or supplying said services, be paid by said board
directly to the state institution of higher education, directly
to such blind student, heretofore mentioned, or to the
student’s parents, guardian, or some adult person, if the blind
student is a minor, designated by said blind student to act as
trustee of said funds, as shall be determined by the board.
[Title 28B RCW—page 17]
28B.10.220
Title 28B RCW: Higher Education
The board shall have power to prescribe and enforce all
rules and regulations necessary to carry out the provisions of
this section and RCW 28B.10.215. [1985 c 370 § 52; 1982
1st ex.s. c 37 § 7; 1974 ex.s. c 68 § 2; 1969 ex.s. c 223 §
28B.10.220. Prior: 1963 c 33 § 1; 1955 c 175 § 2; prior:
(i) 1949 c 232 § 3; 1935 c 154 § 3; Rem. Supp. 1949 §
4542-3. (ii) 1935 c 154 § 4; RRS § 4542-4. Formerly
RCW 28.76.140.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
28B.10.265 Waiver from fees—Children of certain
citizens missing in action or prisoners of war. Subject to
the limitations of RCW 28B.15.910, the governing boards of
the state universities, the regional universities, The Evergreen
State College, and the community colleges may waive all or
a portion of the tuition, operating, and services and activities
fees for children of any person who was a Washington
domiciliary and who within the past eleven years has been
determined by the federal government to be a prisoner of
war or missing in action in Southeast Asia, including Korea,
or who shall become so hereafter, if the children meet such
other educational qualifications as such institution of higher
education shall deem reasonable and necessary under the
circumstances. Applicants for free or reduced tuition shall
provide institutional administrative personnel with documentation of their rights under this section. [1993 sp.s. c 18 §
1; 1992 c 231 § 2; 1985 c 390 § 1; 1973 c 63 § 2; 1972
ex.s. c 17 § 2.]
Effective date—1993 sp.s. c 18: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1993." [1993 sp.s. c 18 § 38.]
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—1973 c 63: "This 1973 amendatory act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately [March 8, 1973]: PROVIDED, That qualified
applicants under sections 1 and 2 of this 1973 amendatory act shall be
admitted to such institutions free of tuition and such fees commencing not
later than the next succeeding quarter, semester or like educational period
beginning after the effective date of this 1973 amendatory act." [1973 c 63
§ 3.]
Effective date—1972 ex.s. c 17: "This 1972 act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [February 19, 1972]: PROVIDED, That qualified
applicants under sections 1 and 2 of this 1972 act shall be admitted to such
institutions tuition-free commencing not later than the next succeeding
quarter, semester or like educational period beginning after the effective date
of this 1972 act." [1972 ex.s. c 17 § 3.]
28B.10.280 Student loans—Federal student aid
programs. The boards of regents of the state universities
and the boards of trustees of regional universities, The
Evergreen State College, and community college districts
may each create student loan funds, and qualify and participate in the National Defense Education Act of 1958 and
such other similar federal student aid programs as are or
may be enacted from time to time, and to that end may
comply with all of the laws of the United States, and all of
the rules, regulations and requirements promulgated pursuant
thereto. [1977 ex.s. c 169 § 11; 1970 ex.s. c 15 § 27; 1969
[Title 28B RCW—page 18]
ex.s. c 222 § 2; 1969 ex.s. c 223 § 28B.10.280. Prior: 1959
c 191 § 1. Formerly RCW 28.76.420.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
Legislative declaration—Severability—1969 ex.s. c 222: See notes
following RCW 28B.10.800.
State educational trust fund—Established—Deposits—Use: RCW
28B.10.821.
28B.10.281 Student loans—Certain activities may
make student ineligible for aid. Any student who organizes and/or participates in any demonstration, riot or other
activity of which the effect is to interfere with or disrupt the
normal educational process at such institution shall not be
eligible for such aid. [1969 ex.s. c 222 § 3. Formerly RCW
28.76.421.]
Legislative declaration—Severability—1969 ex.s. c 222: See notes
following RCW 28B.10.800.
28B.10.284 Uniform minor student capacity to
borrow act. See chapter 26.30 RCW.
28B.10.293 Additional charges authorized in
collection of debts—Public and private institutions of
higher education. Each state public or private institution of
higher education may, in the control and collection of any
debt or claim due owing to it, impose reasonable financing
and late charges, as well as reasonable costs and expenses
incurred in the collection of such debts, if provided for in
the note or agreement signed by the debtor. [1977 ex.s. c 18
§ 1.]
28B.10.295 Educational materials on abuses of, and
illnesses consequent from, alcohol. The boards of regents
of the state’s universities, the boards of trustees of the
respective state colleges, and the boards of trustees of the
respective community colleges, with the cooperation of the
*state board for community college education, shall make
available at some place of prominence within the premises
of each campus educational materials on the abuses of
alcohol in particular and the illnesses consequent therefrom
in general: PROVIDED, That such materials shall be
obtained from public or private organizations at no cost to
the state. [1975 1st ex.s. c 164 § 2.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Legislative recognition of community alcohol centers: "The
legislature recognizes the invaluable services performed by the community
alcohol centers throughout the state, which centers would view making
available such educational materials as referred to in section 2 of this act as
a part of their community outreach education and preventive program and
for which material no fees would be charged." [1975 1st ex.s. c 164 § 1.]
28B.10.300 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College—Authorized. The
boards of regents of the state universities and the boards of
trustees of the regional universities and The Evergreen State
College are severally authorized to:
(2002 Ed.)
Colleges and Universities Generally
(1) Enter into contracts with persons, firms or corporations for the construction, installation, equipping, repairing,
renovating and betterment of buildings and facilities for the
following:
(a) dormitories
(b) hospitals
(c) infirmaries
(d) dining halls
(e) student activities
(f) services of every kind for students, including, but not
limited to, housing, employment, registration, financial aid,
counseling, testing and offices of the dean of students
(g) vehicular parking
(h) student, faculty and employee housing and boarding;
(2) Purchase or lease lands and other appurtenances
necessary for the construction and installation of such
buildings and facilities and to purchase or lease lands with
buildings and facilities constructed or installed thereon suitable for the purposes aforesaid;
(3) Lease to any persons, firms, or corporations such
portions of the campus of their respective institutions as may
be necessary for the construction and installation of buildings
and facilities for the purposes aforesaid and the reasonable
use thereof;
(4) Borrow money to pay the cost of the acquisition of
such lands and of the construction, installation, equipping,
repairing, renovating, and betterment of such buildings and
facilities, including interest during construction and other
incidental costs, and to issue revenue bonds or other evidence of indebtedness therefor, and to refinance the same
before or at maturity and to provide for the amortization of
such indebtedness from services and activities fees or from
the rentals, fees, charges, and other income derived through
the ownership, operation and use of such lands, buildings,
and facilities and any other dormitory, hospital, infirmary,
dining, student activities, student services, vehicular parking,
housing or boarding building or facility at the institution;
(5) Contract to pay as rental or otherwise the cost of the
acquisition of such lands and of the construction and
installation of such buildings and facilities on the amortization plan; the contract not to run over forty years;
(6) Expend on the amortization plan services and
activities fees and/or any part of all of the fees, charges,
rentals, and other income derived from any or all revenueproducing lands, buildings, and facilities of their respective
institutions, heretofore or hereafter acquired, constructed or
installed, including but not limited to income from rooms,
dormitories, dining rooms, hospitals, infirmaries, housing or
student activity buildings, vehicular parking facilities, land
or the appurtenances thereon, and to pledge such services
and activities fees and/or the net income derived through the
ownership, operation and use of any lands, buildings or
facilities of the nature described in subsection (1) hereof for
the payment of part or all of the rental, acquisition, construction, and installation, and the betterment, repair, and renovation or other contract charges, bonds or other evidence of
indebtedness agreed to be paid on account of the acquisition,
construction, installation or rental of, or the betterment,
repair or renovation of, lands, buildings, facilities and
equipment of the nature authorized by this section. [1977
ex.s. c 169 § 13; 1973 1st ex.s. c 130 § 1; 1969 ex.s. c 223
§ 28B.10.300. Prior: 1967 ex.s. c 107 § 1; 1963 c 167 § 1;
(2002 Ed.)
28B.10.300
1961 c 229 § 2; prior: (i) 1950 ex.s. c 17 § 1, part; 1947 c
64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s. c 91 § 1,
part; Rem. Supp. 1947 § 4543-1, part. (ii) 1947 c 64 § 2,
part; 1933 ex.s. c 23 § 2, part; 1925 ex.s. c 91 § 2, part;
Rem. Supp. 1947 § 4543-2, part. Formerly RCW
28.76.180.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Prior bonds validated: See 1961 c 229 § 10.
28B.10.305 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College—Use of lands,
buildings, and facilities. The lands, buildings, facilities,
and equipment acquired, constructed or installed for those
purposes shall be used in the respective institutions primarily
for:
(1) dormitories
(2) hospitals
(3) infirmaries
(4) dining halls
(5) student activities
(6) services of every kind for students, including, but
not limited to housing, employment, registration, financial
aid, counseling, testing and offices of the dean of students
(7) vehicular parking
(8) student, faculty and employee housing and boarding.
[1969 ex.s. c 223 § 28B.10.305. Prior: 1967 ex.s. c 107 §
2; 1963 c 167 § 2; 1961 c 229 § 3; prior: 1950 ex.s. c 17
§ 1, part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part;
1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part.
Formerly RCW 28.76.190.]
28B.10.310 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College—Bonds—Sale,
interest, form, payment, term, execution, negotiability,
etc. Each issue or series of such bonds: Shall be sold at
such price and at such rate or rates of interest; may be serial
or term bonds; may mature at such time or times in not to
exceed forty years from date of issue; may be sold at public
or private sale; may be payable both principal and interest at
such place or places; may be subject to redemption prior to
any fixed maturities; may be in such denominations; may be
payable to bearer or to the purchaser or purchasers thereof
or may be registrable as to principal or principal and interest
as provided in RCW 39.46.030; may be issued under and
subject to such terms, conditions and covenants providing for
the payment of the principal thereof and interest thereon,
which may include the creation and maintenance of a reserve
fund or account to secure the payment of such principal and
interest and a provision that additional bonds payable out of
the same source or sources may later be issued on a parity
therewith, and such other terms, conditions, covenants and
protective provisions safeguarding such payment, all as
determined and found necessary and desirable by said boards
of regents or trustees. If found reasonably necessary and
advisable, such boards of regents or trustees may select a
trustee for the owners of each such issue or series of bonds
and/or for the safeguarding and disbursements of the
proceeds of their sale for the uses and purposes for which
[Title 28B RCW—page 19]
28B.10.310
Title 28B RCW: Higher Education
they were issued and, if such trustee or trustees are so
selected, shall fix its or their rights, duties, powers, and
obligations. The bonds of each such issue or series: Shall
be executed on behalf of such universities or colleges by the
president of the board of regents or the chairman of the
board of trustees, and shall be attested by the secretary or
the treasurer of such board, one of which signatures may be
a facsimile signature; and shall have the seal of such
university or college impressed, printed, or lithographed
thereon, and any interest coupons attached thereto shall be
executed with the facsimile signatures of said officials. The
bonds of each such issue or series and any of the coupons
attached thereto shall be negotiable instruments within the
provisions and intent of the negotiable instruments law of
this state even though they shall be payable solely from any
special fund or funds. [1983 c 167 § 31; 1972 ex.s. c 25 §
1; 1970 ex.s. c 56 § 22; 1969 ex.s. c 232 § 96; 1969 ex.s. c
223 § 28B.10.310. Prior: 1961 c 229 § 7. Formerly RCW
28.76.192.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.10.315 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College—Funding, refunding bonds. Such boards of regents or trustees may
from time to time provide for the issuance of funding or
refunding revenue bonds to fund or refund at or prior to
maturity any or all bonds of other indebtedness, including
any premiums or penalties required to be paid to effect such
funding or refunding, heretofore or hereafter issued or
incurred to pay all or part of the cost of acquiring, constructing, or installing any lands, buildings, or facilities of the
nature described in RCW 28B.10.300.
Such funding or refunding bonds and any coupons
attached thereto shall be negotiable instruments within the
provisions and intent of the negotiable instruments law of
this state.
Such funding or refunding bonds may be exchanged for
or applied to the payment of the bonds or other indebtedness
being funded or refunded or may be sold in such manner and
at such price, and at such rate or rates of interest as the
boards of regents or trustees deem advisable, either at public
or private sale.
The provisions of this chapter relating to the maturities,
terms, conditions, covenants, interest rate, issuance, and sale
of revenue bonds shall be applicable to such funding or
refunding bonds except as may be otherwise specifically
provided in this section. [1983 c 167 § 32; 1970 ex.s. c 56
§ 23; 1969 ex.s. c 232 § 97; 1969 ex.s. c 223 § 28B.10.315.
Prior: 1961 c 229 § 8. Formerly RCW 28.76.194.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.10.320 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universi[Title 28B RCW—page 20]
ties and The Evergreen State College—Authority to be
liberally construed—Future acquisitions and installations
may be pledged for payment. The authority granted in
RCW 28B.10.300 through 28B.10.330 and 28B.15.220 shall
be liberally construed and shall apply to all lands, buildings,
and facilities of the nature described in RCW 28B.10.300
heretofore or hereafter acquired, constructed, or installed and
to any rentals, contract obligations, bonds or other indebtedness heretofore or hereafter issued or incurred to pay part or
all of the cost thereof, and shall include authority to pledge
for the amortization plan the net income from any and all
existing and future lands, buildings and facilities of the
nature described in RCW 28B.10.300 whether or not the
same were originally financed hereunder or under predecessor statutes. [1969 ex.s. c 223 § 28B.10.320. Prior: 1961
c 229 § 9. Formerly RCW 28.76.196.]
28B.10.325 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College—Rate of interest
on obligations. The rate or rates of interest on the principal
of any obligation made or incurred under the authority
granted in RCW 28B.10.300 shall be as authorized by the
board of regents or trustees. [1970 ex.s. c 56 § 24; 1969
ex.s. c 232 § 98; 1969 ex.s. c 223 § 28B.10.325. Prior:
1961 c 229 § 4; prior: 1950 ex.s. c 17 § 1, part; 1947 c 64
§ 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s. c 91 § 1, part;
Rem. Supp. 1947 § 4353-1, part. Formerly RCW
28.76.200.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.10.330 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College—Nonliability of
state. The state shall incur no liability by reason of the
exercise of the authority granted in RCW 28B.10.300. [1969
ex.s. c 223 § 28B.10.330. Prior: 1961 c 229 § 5; prior:
1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s. c
23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 §
4543-1, part. Formerly RCW 28.76.210.]
28B.10.335 Validation of prior bond issues. All
terms, conditions, and covenants, including the pledges of
student activity fees, student use fees and student building
use fees, special student fees or any similar fees charged to
all full time students, or to all students, as the case may be,
registering at the state’s colleges and universities, contained
in all bonds heretofore issued to pay all or part of the cost
of acquiring, constructing or installing any lands, buildings,
or facilities of the nature described in RCW 28B.10.300 are
hereby declared to be lawful and binding in all respects.
[1973 1st ex.s. c 130 § 3.]
28B.10.350 Construction work, remodeling or
demolition, bids when—Exemption—Waiver—Prevailing
rate of wage—Universities and The Evergreen State
College. (1) When the cost to The Evergreen State College,
any regional university, or state university, of any building,
construction, renovation, remodeling, or demolition other
(2002 Ed.)
Colleges and Universities Generally
than maintenance or repairs will equal or exceed the sum of
thirty-five thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be
put out for public bids and the contract shall be awarded to
the lowest responsible bidder if in accordance with the bid
specifications: PROVIDED, That when the estimated cost
of such building, construction, renovation, remodeling, or
demolition equals or exceeds the sum of twenty-five thousand dollars, such project shall be deemed a public works
and "the prevailing rate of wage," under chapter 39.12 RCW
shall be applicable thereto: PROVIDED FURTHER, That
when such building, construction, renovation, remodeling, or
demolition involves one trade or craft area and the estimated
cost exceeds fifteen thousand dollars, complete plans and
specifications for such work shall be prepared and such work
shall be put out for public bids, and the contract shall be
awarded to the lowest responsible bidder if in accordance
with the bid specifications. This subsection shall not apply
when a contract is awarded by the small works roster
procedure authorized in RCW 39.04.155 or under any other
procedure authorized for an institution of higher education.
(2) The Evergreen State College, any regional university, or state university may require a project to be put to
public bid even when it is not required to do so under
subsection (1) of this section.
(3) Where the estimated cost to The Evergreen State
College, any regional university, or state university of any
building, construction, renovation, remodeling, or demolition
is less than twenty-five thousand dollars or the contract is
awarded by the small works roster procedure authorized in
RCW 39.04.155, the publication requirements of RCW
39.04.020 shall be inapplicable.
(4) In the event of any emergency when the public
interest or property of The Evergreen State College, regional
university, or state university would suffer material injury or
damage by delay, the president of such college or university
may declare the existence of such an emergency and reciting
the facts constituting the same may waive the requirements
of this section with reference to any contract in order to
correct the condition causing the emergency: PROVIDED,
That an "emergency," for the purposes of this section, means
a condition likely to result in immediate physical injury to
persons or to property of such college or university in the
absence of prompt remedial action or a condition which
immediately impairs the institution’s ability to perform its
educational obligations. [2001 c 38 § 1; 2000 c 138 § 202;
1993 c 379 § 109; 1985 c 152 § 1; 1979 ex.s. c 12 § 1;
1977 ex.s. c 169 § 14; 1971 ex.s. c 258 § 1.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Severability—1979 ex.s. c 12: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 12 § 3.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 258: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 258 § 3.]
Subcontractors to be identified by bidder, when: RCW 39.30.060.
(2002 Ed.)
28B.10.350
28B.10.360 Educational and career opportunities in
the military, student access to information on, when. If
a public institution of higher education provides access to the
campus and the student information directory to persons or
groups which make students aware of occupational or
educational options, the institution of higher education shall
provide access on the same basis to official recruiting
representatives of the military forces of the state and the
United States for the purpose of informing students of
educational and career opportunities available in the military.
[1980 c 96 § 2.]
28B.10.400 Annuities and retirement income
plans—Authorized. The boards of regents of the state
universities, the boards of trustees of the regional universities
and of The Evergreen State College, and the *state board for
community college education are authorized and empowered:
(1) To assist the faculties and such other employees as
any such board may designate in the purchase of old age
annuities or retirement income plans under such rules and
regulations as any such board may prescribe. County agricultural agents, home demonstration agents, 4-H club agents,
and assistant county agricultural agents paid jointly by the
Washington State University and the several counties shall
be deemed to be full time employees of the Washington
State University for the purposes hereof;
(2) To provide, under such rules and regulations as any
such board may prescribe for the faculty members or other
employees under its supervision, for the retirement of any
such faculty member or other employee on account of age or
condition of health, retirement on account of age to be not
earlier than the sixty-fifth birthday: PROVIDED, That such
faculty member or such other employee may elect to retire
at the earliest age specified for retirement by federal social
security law: PROVIDED FURTHER, That any supplemental payment authorized by subsection (3) of this section and
paid as a result of retirement earlier than age sixty-five shall
be at an actuarially reduced rate;
(3) To pay to any such retired person or to his designated beneficiary(s), each year after his retirement, a supplemental amount which, when added to the amount of such
annuity or retirement income plan, or retirement income
benefit pursuant to RCW 28B.10.415, received by him or his
designated beneficiary(s) in such year, will not exceed fifty
percent of the average annual salary paid to such retired
person for his highest two consecutive years of full time
service under an annuity or retirement income plan established pursuant to subsection (1) of this section at an
institution of higher education: PROVIDED, HOWEVER,
That if such retired person prior to his retirement elected a
supplemental payment survivors option, any such supplemental payments to such retired person or his designated
beneficiary(s) shall be at actuarially reduced rates: PROVIDED FURTHER, That if a faculty member or other
employee of an institution of higher education who is a
participant in a retirement plan authorized by this section
dies, or has died before retirement but after becoming
eligible for retirement on account of age, the designated
beneficiary(s) shall be entitled to receive the supplemental
payment authorized by this subsection (3) of this section to
which such designated beneficiary(s) would have been
[Title 28B RCW—page 21]
28B.10.400
Title 28B RCW: Higher Education
entitled had said deceased faculty member or other employee
retired on the date of death after electing a supplemental
payment survivors option: PROVIDED FURTHER, That for
the purpose of this subsection, the designated beneficiary(s)
shall be (a) the surviving spouse of the retiree; or, (b) with
the written consent of such spouse, if any, such other person
or persons as shall have an insurable interest in the retiree’s
life and shall have been nominated by written designation
duly executed and filed with the retiree’s institution of
higher education. [1979 ex.s. c 259 § 1; 1977 ex.s. c 169 §
15; 1975 1st ex.s. c 212 § 1; 1973 1st ex.s. c 149 § 1; 1971
ex.s. c 261 § 1; 1969 ex.s. c 223 § 28B.10.400. Prior: 1965
c 54 § 2; 1957 c 256 § 1; 1955 c 123 § 1; 1947 c 223 § 1;
1943 c 262 § 1; 1937 c 223 § 1; Rem. Supp. 1947 §
4543-11. Formerly RCW 28.76.240.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Effective date—1979 ex.s. c 259: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately." [1979 ex.s. c 259 § 5.]
Severability—1979 ex.s. c 259: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 259 § 4.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1973 1st ex.s. c 149: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 149 § 9.]
Appropriation—1973 1st ex.s. c 149: "The sum of $1,611,650 is
hereby appropriated from the general fund for the purpose of carrying out
this 1973 amendatory act, to be allocated by the governor to the institutions
of higher education." [1973 1st ex.s. c 149 § 10.]
Effective date—1973 1st ex.s. c 149: "This 1973 amendatory act
shall take effect on July 1, 1974." [1973 1st ex.s. c 149 § 11.]
Severability—1971 ex.s. c 261: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 261 § 7.]
28B.10.401 Assumptions to be applied when
establishing supplemental payment under RCW
28B.10.400(3). The boards of regents of the state universities, the boards of trustees of the state colleges, and the
*state board for community college education, when establishing the amount of supplemental payment under RCW
28B.10.400(3) as now or hereafter amended, shall apply the
following assumptions:
(1) That the faculty member or such other employee at
the time of retirement elected a joint and two-thirds survivor
option on their annuity or retirement income plan using
actual ages, but not exceeding a five-year age difference if
married, or an actuarial equivalent option if single, which
represents accumulations including all dividends from all
matching contributions and any benefit that such faculty
member is eligible to receive from any Washington state
public retirement plan while employed at an institution of
higher education;
(2) That on and after July 1, 1974, matching contributions were allocated equally between a fixed dollar and a
variable dollar annuity;
[Title 28B RCW—page 22]
(3) That for each year after age fifty, the maximum
amount of contributions pursuant to RCW 28B.10.410 as
now or hereafter amended be contributed toward the purchase of such annuity or retirement income plan, otherwise
three-fourths of the formula described in RCW 28B.10.415,
as now or hereafter amended, shall be applied. [1979 ex.s.
c 259 § 3.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Effective date—Severability—1979 ex.s. c 259: See notes following
RCW 28B.10.400.
28B.10.405 Annuities and retirement income
plans—Contributions by faculty and employees. Members of the faculties and such other employees as are
designated by the boards of regents of the state universities,
the boards of trustees of the regional universities and of The
Evergreen State College, or the *state board for community
college education shall be required to contribute not less than
five percent of their salaries during each year of full time
service after the first two years of such service toward the
purchase of such annuity or retirement income plan; such
contributions may be in addition to federal social security tax
contributions, if any. [1977 ex.s. c 169 § 16; 1973 1st ex.s.
c 149 § 2; 1971 ex.s. c 261 § 2; 1969 ex.s. c 223 §
28B.10.405. Prior: 1955 c 123 § 2; 1947 c 223 § 2; Rem.
Supp. 1947 § 4543-12. Formerly RCW 28.76.250.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Severability—1971 ex.s. c 261: See note following RCW
28B.10.400.
28B.10.407 Annuities and retirement income
plans—Credit for authorized leaves of absence without
pay. (1) A faculty member or other employee designated by
the boards of regents of the state universities, the boards of
trustees of the regional universities and The Evergreen State
College, or the *state board for community college education
who is granted an authorized leave of absence without pay
may apply the period of time while on the leave in the
computation of benefits in any annuity and retirement plan
authorized under RCW 28B.10.400 through 28B.10.430 only
to the extent provided in subsection (2) of this section.
(2) An employee who is eligible under subsection (1) of
this section may receive a maximum of two years’ credit
during the employee’s entire working career for periods of
authorized leave without pay. Such credit may be obtained
only if the employee pays both the employer and employee
contributions required under RCW 28B.10.405 and
28B.10.410 while on the authorized leave of absence and if
the employee returns to employment with the university or
college immediately following the leave of absence for a
period of not less than two years. The employee and
employer contributions shall be based on the average of the
employee’s compensation at the time the leave of absence
was authorized and the time the employee resumes employ(2002 Ed.)
Colleges and Universities Generally
ment. Any benefit under RCW 28B.10.400(3) shall be based
only on the employee’s compensation earned from employment with the university or college.
An employee who is inducted into the armed forces of
the United States shall be deemed to be on an unpaid,
authorized leave of absence. [1987 c 448 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
28B.10.409 Annuities and retirement income
plans—Membership while serving as state legislator. (1)
On or after January 1, 1997, any employee who is on leave
of absence from an institution in order to serve as a state
legislator may elect to continue to participate in any annuity
or retirement plan authorized under RCW 28B.10.400 during
the period of such leave.
(2) The institution shall pay the employee’s salary
attributable to legislative service and shall match the
employee’s retirement plan contributions based on the salary
for the leave period. The state legislature shall reimburse
the institution for the salary and employer contributions
covering the leave period.
(3) "Institution" for purposes of this section means any
institution or entity authorized to provide retirement benefits
under RCW 28B.10.400. [1997 c 123 § 2.]
28B.10.410 Annuities and retirement income
plans—Limitation on institution’s contribution. The
boards of regents of the state universities, the boards of
trustees of the regional universities and of The Evergreen
State College, or the *state board for community college
education shall pay not more than one-half of the annual
premium of any annuity or retirement income plan established under the provisions of RCW 28B.10.400 as now or
hereafter amended. Such contribution shall not exceed ten
percent of the salary of the faculty member or other employee on whose behalf the contribution is made. This contribution may be in addition to federal social security tax contributions made by the boards, if any. [1977 ex.s. c 169 § 17;
1973 1st ex.s. c 149 § 3; 1971 ex.s. c 261 § 3; 1969 ex.s. c
223 § 28B.10.410. Prior: 1955 c 123 § 3; 1947 c 223 § 3;
Rem. Supp. 1947 § 4543-13. Formerly RCW 28.76.260.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Severability—1971 ex.s. c 261: See note following RCW
28B.10.400.
28B.10.415 Annuities and retirement income
plans—Limitation on annuity or retirement income plan
payment. The boards of regents of the state universities, the
boards of trustees of the regional universities and of The
Evergreen State College, or the *state board for community
college education shall not pay any amount to be added to
the annuity or retirement income plan of any retired person
who has served for less than ten years in one or more of the
state institutions of higher education. In the case of persons
(2002 Ed.)
28B.10.407
who have served more than ten years but less than twentyfive years no amount shall be paid in excess of four percent
of the amount authorized in subdivision (3) of RCW
28B.10.400 as now or hereafter amended, multiplied by the
number of years of full time service rendered by such
person: PROVIDED, That credit for years of service at an
institution of higher education shall be limited to those years
in which contributions were made by a faculty member or
other employee designated pursuant to RCW 28B.10.400(1)
and the institution or the state as a result of which a benefit
is being received by a retired person from any Washington
state public retirement plan: PROVIDED FURTHER, That
all such benefits that a retired person is eligible to receive
shall reduce any supplementation payments provided for in
RCW 28B.10.400 as now or hereafter amended. [1979 ex.s.
c 259 § 2; 1977 ex.s. c 169 § 18; 1973 1st ex.s. c 149 § 4;
1971 ex.s. c 261 § 4; 1969 ex.s. c 223 § 28B.10.415. Prior:
1955 c 123 § 4; 1947 c 223 § 4; Rem. Supp. 1947 §
4543-14. Formerly RCW 28.76.270.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Effective date—Severability—1979 ex.s. c 259: See notes following
RCW 28B.10.400.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Severability—1971 ex.s. c 261: See note following RCW
28B.10.400.
28B.10.417 Annuities and retirement income
plans—Rights and duties of faculty or employees with
Washington state teachers’ retirement system credit—
Regional universities and The Evergreen State College.
(1) A faculty member or other employee designated by the
board of trustees of the applicable regional university or of
The Evergreen State College as being subject to an annuity
or retirement income plan and who, at the time of such
designation, is a member of the Washington state teachers’
retirement system, shall retain credit for such service in the
Washington state teachers’ retirement system and except as
provided in subsection (2) of this section, shall leave his or
her accumulated contributions in the teachers’ retirement
fund. Upon his or her attaining eligibility for retirement
under the Washington state teachers’ retirement system, such
faculty member or other employee shall receive from the
Washington state teachers’ retirement system a retirement
allowance consisting of an annuity which shall be the
actuarial equivalent of his or her accumulated contributions
at his or her age when becoming eligible for such retirement
and a pension for each year of creditable service established
and retained at the time of said designation as provided in
RCW 41.32.497 as now or hereafter amended. Anyone who
on July 1, 1967, was receiving pension payments from the
teachers’ retirement system based on thirty-five years of
creditable service shall thereafter receive a pension based on
the total years of creditable service established with the retirement system: PROVIDED, HOWEVER, That any such
faculty member or other employee who, upon attainment of
eligibility for retirement under the Washington state teachers’
retirement system, is still engaged in public educational
[Title 28B RCW—page 23]
28B.10.417
Title 28B RCW: Higher Education
employment, shall not be eligible to receive benefits under
the Washington state teachers’ retirement system until he or
she ceases such public educational employment. Any retired
faculty member or other employee who enters service in any
public educational institution shall cease to receive pension
payments while engaged in such service: PROVIDED
FURTHER, That such service may be rendered up to
seventy-five days in a school year without reduction of
pension.
(2) A faculty member or other employee designated by
the board of trustees of the applicable regional university or
of The Evergreen State College as being subject to the
annuity and retirement income plan and who, at the time of
such designation, is a member of the Washington state
teachers’ retirement system may, at his or her election and
at any time, on and after midnight June 10, 1959, terminate
his or her membership in the Washington state teachers’
retirement system and withdraw his or her accumulated
contributions and interest in the teachers’ retirement fund
upon written application to the board of trustees of the
Washington state teachers’ retirement system. Faculty
members or other employees who withdraw their accumulated contributions, on and after the date of withdrawal of
contributions, shall no longer be members of the Washington
state teachers’ retirement system and shall forfeit all rights
of membership, including pension benefits, theretofore acquired under the Washington state teachers’ retirement
system. [1977 ex.s. c 169 § 19; 1971 ex.s. c 261 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 261: See note following RCW
28B.10.400.
28B.10.420 Annuities and retirement income
plans—Retirement at age seventy—Reemployment, conditions when. (1) Except as provided otherwise in subsection
(2) of this section, faculty members or other employees
designated by the boards of regents of the state universities,
the boards of trustees of the regional universities or of The
Evergreen State College, or the *state board for community
college education pursuant to RCW 28B.10.400 through
28B.10.420 as now or hereafter amended shall be retired
from their employment with their institutions of higher
education not later than the end of the academic year next
following their seventieth birthday.
(2) As provided in this subsection, the board of regents
of a state university, the board of trustees of a regional
university or The Evergreen State College, or the *state
board for community college education may reemploy any
person who is "retired" pursuant to subsection (1) of this
section, who applies for reemployment and who has reached
seventy years of age on or after July 1, 1970. The following
provisions shall govern such reemployment:
(a) Prior to the reemployment, the board of regents,
board of trustees, or state board shall have found that the
person possesses outstanding qualifications which in the
judgment of the board would permit the person to continue
valuable service to the institution.
(b) The period of reemployment shall not be counted as
service under, or result in any eligibility for benefits or
increased benefits under, any state authorized or supported
annuity or retirement income plan. Reemployment shall not
[Title 28B RCW—page 24]
result in the reemployed person or employer making any
contributions to any such plan.
(c) No person may be reemployed on a full time basis
if such person is receiving benefits under any state authorized or supported annuity or retirement income plan. The
reemployment of any person on a full time basis shall be
immediately terminated upon the person’s obtaining of any
such benefits.
(d) A person may be reemployed on a part time basis
and receive or continue to receive any benefits for which
such person is eligible under any state authorized or supported annuity or retirement income plan. Such part time
work, however, shall not exceed forty percent of full time
employment during any year.
(e) A person reemployed pursuant to this section shall
comply with all conditions of reemployment and all rules
providing for the administration of this subsection which are
prescribed or adopted by the board of regents, or board of
trustees, or by the *state board for community college
education. [1979 c 14 § 1. Prior: 1977 ex.s. c 276 § 1;
1977 ex.s. c 169 § 20; 1973 1st ex.s. c 149 § 5; 1969 ex.s.
c 223 § 28B.10.420; prior: 1947 c 223 § 5; Rem. Supp.
1947 § 4543-14a. Formerly RCW 28.76.280.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
Retirement, earliest age allowable: RCW 28B.10.400.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.10.423 Annuities and retirement income
plans—Limit on retirement income—Adjustment of
rates. It is the intent of RCW 28B.10.400, 28B.10.405,
28B.10.410, 28B.10.415, 28B.10.420, 28B.10.423 and
83.20.030 that the retirement income resulting from the
contributions described herein from the state of Washington
and the employee shall be projected actuarially so that it
shall not exceed sixty percent of the average of the highest
two consecutive years salary. Periodic review of the
retirement systems established pursuant to RCW 28B.10.400,
28B.10.405, 28B.10.410, 28B.10.415, 28B.10.420,
28B.10.423 and *83.20.030 will be undertaken at such time
and in such manner as determined by the committees on
ways and means of the senate and of the house of representatives and the public pension commission, and joint contribution rates will be adjusted if necessary to accomplish this
intent. [1973 1st ex.s. c 149 § 8.]
*Reviser’s note: RCW 83.20.030 was repealed by 1979 ex.s. c 209
§ 54.
Severability—Appropriation—Effective date—1973 1st ex.s. c 149:
See notes following RCW 28B.10.400.
28B.10.425 Additional pension for certain retired
university faculty members or employees. Retired faculty
members or employees of the University of Washington or
Washington State University, who have reached age sixtyfive or are disabled from further service as of June 10, 1971,
(2002 Ed.)
Colleges and Universities Generally
who at the time of retirement or disability were not eligible
for federal old age, survivors, or disability benefit payments
(social security), and who are receiving retirement income on
July 1, 1970 pursuant to RCW 28B.10.400, shall, upon
application approved by the board of regents of the institution retired from, receive an additional pension of three
dollars per month for each year of full time service at such
institution, including military leave. For periods of service
that are less than full time service, the monthly rate of the
pension shall be prorated accordingly to include such periods
of service. [1971 ex.s. c 76 § 1.]
28B.10.430 Annuities and retirement income
plans—Minimum monthly benefit—Computation. (1) For
any person receiving a monthly benefit pursuant to a
program established under RCW 28B.10.400, the pension
portion of such benefit shall be the sum of the following
amounts:
(a) One-half of the monthly benefit payable under such
program by a life insurance company; and
(b) The monthly equivalent of the supplemental benefit
described in RCW 28B.10.400(3).
(2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, no person receiving a monthly
benefit pursuant to RCW 28B.10.400 shall receive, as the
pension portion of that benefit, less than ten dollars per
month for each year of service creditable to the person
whose service is the basis of the benefit. Portions of a year
shall be treated as fractions of a year and the decimal
equivalent shall be multiplied by ten dollars. Where the
benefit was adjusted at the time benefit payments to the
beneficiary commenced, the minimum pension provided in
this section shall be adjusted in a manner consistent with that
adjustment.
(3) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the monthly benefit of each
person who commenced receiving a monthly benefit under
this chapter as of a date no later than July 1, 1974, shall be
permanently increased by a post-retirement adjustment.
Such adjustment shall be calculated as follows:
(a) Monthly benefits to which this subsection and
subsection (2) of this section are both applicable shall be
determined by first applying subsection (2) and then applying this subsection. The department shall determine the total
years of creditable service and the total dollar benefit base
accrued as of December 31, 1978, except that this determination shall take into account only those persons to whom this
subsection applies;
(b) The department shall multiply the total benefits
determined in (a) of this subsection by six percent and divide
the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall
then be a post-retirement increase factor which shall be
applied as specified in (c) of this subsection;
(c) Each person to whom this subsection applies shall
receive an increase which is the product of the factor
determined in (b) of this subsection multiplied by the years
of creditable service. [1979 ex.s. c 96 § 5.]
28B.10.431 Annuities and retirement income
plans—Monthly benefit—Post-retirement adjustment—
(2002 Ed.)
28B.10.425
Computation. Notwithstanding any provision of law to the
contrary, effective July 1, 1983, the monthly benefit of each
person who either is receiving a benefit pursuant to a
program established under RCW 28B.10.400 for their service
as of July 1, 1978, or commenced receiving a monthly
benefit as a surviving spouse or written designated beneficiary with an insurable interest in the retiree as of a date no
later than December 31, 1982, shall be permanently increased by a post-retirement adjustment of $.74 per month
for each year of creditable service the faculty member or
employee established with the annuity or retirement income
plan. Any fraction of a year of service shall be counted in
the computation of the post-retirement adjustment. [1983 1st
ex.s. c 56 § 2.]
Effective date—1983 1st ex.s. c 56: See note following RCW
2.12.046.
28B.10.480 Tax deferred annuities for employees.
The regents or trustees of any of the state’s institutions of
higher education are authorized to provide and pay for tax
deferred annuities for their respective employees in lieu of
a portion of salary or wages as authorized under the provisions of 26 U.S.C., section 403(b), as amended by Public
Law 87-370, 75 Stat. 796 as now or hereafter amended.
[1969 ex.s. c 223 § 28B.10.480. Prior: 1965 c 54 § 1, part.
Formerly RCW 28.02.120, part.]
28B.10.485 Charitable gift annuities, issuance of by
universities and The Evergreen State College—Scope.
The boards of the state universities, regional universities, and
the state college are authorized to issue charitable gift
annuities paying a fixed dollar amount to individual annuitants for their lifetimes in exchange for the gift of assets to
the respective institution in a single transaction. The boards
shall invest one hundred percent of the charitable gift
annuity assets in a reserve for the lifetimes of the respective
annuitants to meet liabilities that result from the gift program. [1979 c 130 § 1.]
Severability—1979 c 130: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 130 § 15.]
Charitable gift annuity business: Chapter 48.38 RCW.
Title 48 RCW not to apply to charitable gift annuities issued by university
or state college: RCW 48.23.010.
28B.10.487 Charitable gift annuities, issuance of by
universities and The Evergreen State College—Obligation
as to annuity payments. The obligation to make annuity
payments to individuals under charitable gift annuity
agreements issued by the board of a state university, regional
university, or of the state college pursuant to RCW
28B.10.485 shall be secured by and limited to the assets
given in exchange for the annuity and reserves established
by the board. Such agreements shall not constitute:
(1) An obligation, either general or special, of the state;
or
(2) A general obligation of a state university, regional
university, or of the state college or of the board. [1979 c
130 § 5.]
Severability—1979 c 130: See note following RCW 28B.10.485.
[Title 28B RCW—page 25]
28B.10.500
Title 28B RCW: Higher Education
28B.10.500 Removal of regents or trustees from
universities and The Evergreen State College. No regent
of the state universities, or trustee of the regional universities
or of The Evergreen State College shall be removed during
the term of office for which appointed, excepting only for
misconduct or malfeasance in office, and then only in the
manner hereinafter provided. Before any regent or trustee
may be removed for such misconduct or malfeasance, a petition for removal, stating the nature of the misconduct or
malfeasance of such regent or trustee with reasonable
particularity, shall be signed and verified by the governor
and served upon such regent or trustee. Said petition,
together with proof of service of same upon such regent or
trustee, shall forthwith be filed with the clerk of the supreme
court. The chief justice of the supreme court shall thereupon
designate a tribunal composed of three judges of the superior
court to hear and adjudicate the charges. Such tribunal shall
fix the time of hearing, which shall be public, and the
procedure for the hearing, and the decision of such tribunal
shall be final and not subject to review by the supreme
court. Removal of any member of the board by the tribunal
shall disqualify such member for reappointment. [1977 ex.s.
c 169 § 21; 1969 ex.s. c 223 § 28B.10.500. Prior: 1943 c
59 § 1; Rem. Supp. 1943 § 4603-1. Formerly RCW
28.76.290.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.510 Attorney general as advisor. The
attorney general of the state shall be the legal advisor to the
presidents and the boards of regents and trustees of the
institutions of higher education and he shall institute and
prosecute or defend all suits in behalf of the same. [1973 c
62 § 3; 1969 ex.s. c 223 § 28B.10.510. Prior: 1909 c 97 p
242 § 8; RRS § 4560; prior: 1897 c 118 § 189; 1890 p 399
§ 19. Formerly RCW 28.77.125; 28.76.300.]
Savings—1973 c 62: "Nothing in this 1973 amendatory act shall be
construed to affect any existing right acquired under the statutes amended
or repealed herein or the term of office or election or appointment or
employment of any person elected, appointed or employed under the statutes
amended or repealed herein." [1973 c 62 § 26.]
Severability—1973 c 62: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 62 § 28.]
Attorney general’s powers in general: Chapter 43.10 RCW.
Employment of attorneys by state agencies restricted: RCW 43.10.067.
28B.10.520 Regents and trustees—Oaths. Each
member of a board of regents or board of trustees of a
university or other state institution of higher education,
before entering upon his duties, shall take and subscribe an
oath to discharge faithfully and honestly his duties and to
perform strictly and impartially the same to the best of his
ability, such oath to be filed with the secretary of state.
[1977 ex.s. c 169 § 22; 1969 ex.s. c 223 § 28B.10.520.
Prior: 1909 c 97 p 248 § 13; RRS § 4593; prior: 1897 c
118 § 202; 1891 c 145 § 14. Formerly RCW 28.80.140.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
[Title 28B RCW—page 26]
28B.10.525 Regents and trustees—Travel expenses.
Each member of a board of regents or board of trustees of
a university or other state institution of higher education,
shall be entitled to receive travel expenses in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended for each day or portion thereof in which he or
she is actually engaged in business of the board. [1979 c 14
§ 2. Prior: 1977 ex.s. c 169 § 23; 1977 ex.s. c 118 § 1;
1975-’76 2nd ex.s. c 34 § 72; 1969 ex.s. c 223 §
28B.10.525; prior: (i) 1939 c 176 § 1, part; 1927 c 227 § 1,
part; 1909 c 97 p 240 § 5, part; RRS § 4557, part. Formerly
RCW 28.77.130, part. (ii) 1909 c 97 p 249 § 14; RRS §
4594; prior: 1897 c 118 § 203; 1891 c 145 § 15. Formerly
RCW 28.80.150.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
28B.10.528 Delegation of powers and duties by
governing boards. The governing boards of institutions of
higher education shall have power, when exercised by
resolution, to delegate to the president or his designee, of
their respective university or college, any of the powers and
duties vested in or imposed upon such governing board by
law. Delegated powers and duties may be exercised in the
name of the respective governing boards. [1971 ex.s. c 57
§ 21.]
28B.10.550 Police forces for universities and The
Evergreen State College—Authorized. The boards of
regents of the state universities, and the boards of trustees of
the regional universities or of The Evergreen State College,
acting independently and each on behalf of its own institution:
(1) May each establish a police force for its own
institution, which force shall function under such conditions
and regulations as the board prescribes; and
(2) May supply appropriate badges and uniforms
indicating the positions and authority of the members of such
police force. [1977 ex.s. c 169 § 24; 1969 ex.s. c 223 §
28B.10.550. Prior: 1965 ex.s. c 16 § 1; 1949 c 123 § 1;
Rem. Supp. 1949 § 4543-16. Formerly RCW 28.76.310.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.555 Police forces for universities and The
Evergreen State College—Powers. The members of a
police force established under authority of RCW 28B.10.550,
when appointed and duly sworn:
(1) Shall be peace officers of the state and have such
police powers as are vested in sheriffs and peace officers
generally under the laws of this state; and
(2) May exercise such powers upon state lands devoted
mainly to the educational or research activities of the
institution to which they were appointed; and
(3) Shall have power to pursue and arrest beyond the
limits of such state lands, if necessary, all or any violators of
the rules or regulations herein provided for. [1969 ex.s. c
223 § 28B.10.555. Prior: 1965 ex.s. c 16 § 2; 1949 c 123
(2002 Ed.)
Colleges and Universities Generally
§ 2; Rem. Supp. 1949 § 4543-17. Formerly RCW
28.76.320.]
28B.10.560 Police forces for universities and The
Evergreen State College—Establishment of traffic
regulations—Adjudication of parking infractions—
Appeal. (1) The boards of regents of the state universities,
and the boards of trustees of the regional universities and of
The Evergreen State College, acting independently and each
on behalf of its own institution, may each:
(a) Establish and promulgate rules and regulations
governing pedestrian traffic and vehicular traffic and parking
upon lands and facilities of the university or college;
(b) Adjudicate matters involving parking infractions
internally; and
(c) Collect and retain any penalties so imposed.
(2) If the rules or regulations promulgated under
subsection (1) of this section provide for internal adjudication of parking infractions, a person charged with a parking
infraction who deems himself or herself aggrieved by the
final decision in an internal adjudication may, within ten
days after written notice of the final decision, appeal by
filing a written notice thereof with the college or university
police force. Documents relating to the appeal shall immediately be forwarded to the district court in the county in
which the offense was committed, which court shall have
jurisdiction over such offense and such appeal shall be heard
de novo. [1983 c 221 § 1; 1977 ex.s. c 169 § 25; 1969 ex.s.
c 223 § 28B.10.560. Prior: 1965 ex.s. c 16 § 3; 1949 c 123
§ 3; Rem. Supp. 1949 § 4543-18. Formerly RCW
28.76.330.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.567 Police forces for universities and The
Evergreen State College—Benefits for duty-related death,
disability or injury. The boards of regents of the state
universities and board of trustees of the regional universities
and the board of trustees of The Evergreen State College are
authorized and empowered, under such rules and regulations
as any such board may prescribe for the duly sworn police
officers employed by any such board as members of a police
force established pursuant to RCW 28B.10.550, to provide
for the payment of death or disability benefits or medical
expense reimbursement for death, disability, or injury of any
such duly sworn police officer who, in the line of duty, loses
his life or becomes disabled or is injured, and for the
payment of such benefits to be made to any such duly sworn
police officer or his surviving spouse or the legal guardian
of his child or children, as defined in RCW 41.26.030(7), or
his estate: PROVIDED, That the duty-related benefits
authorized by this section shall in no event be greater than
the benefits authorized on June 25, 1976 for duty-related
death, disability, or injury of a law enforcement officer under
chapter 41.26 RCW: PROVIDED FURTHER, That the
duty-related benefits authorized by this section shall be
reduced to the extent of any amounts received or eligible to
be received on account of the duty-related death, disability,
or injury to any such duly sworn police officer, his surviving
spouse, the legal guardian of his child or children, or his
estate, under workers’ compensation, social security includ(2002 Ed.)
28B.10.555
ing the changes incorporated under Public Law 89-97 as now
or hereafter amended, or disability income insurance and
health care plans under chapter 41.05 RCW. [1987 c 185 §
2; 1977 ex.s. c 169 § 26; 1975-’76 2nd ex.s. c 81 § 1.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.569 Crime statistics reporting—Safety
information provided—Task forces on campus security
and safety. (1) Each institution of higher education with a
commissioned police force shall report to the Washington
association of sheriffs and police chiefs or its successor
agency, on a monthly basis, crime statistics for the Washington state uniform crime report, in the format required by the
Washington association of sheriffs and police chiefs, or its
successor agency. Institutions of higher education which do
not have commissioned police forces shall report crime
statistics through appropriate local law enforcement agencies.
(2) Each institution of higher education shall publish and
distribute a report which shall be updated annually and
which shall include the crime statistics as reported under
subsection (1) of this section for the most recent three-year
period. Upon request, the institution shall provide the report
to every person who submits an application for admission to
either a main or branch campus, and to each new employee
at the time of employment. In its acknowledgement of
receipt of the formal application for admission, the institution
shall notify the applicant of the availability of such information. The information also shall be provided on an annual
basis to all students and employees. Institutions with more
than one campus shall provide the required information on
a campus-by-campus basis.
(3) Each institution of higher education shall provide to
every new student and new employee, and upon request to
other interested persons, information which follows the
general categories for safety policies and procedures outlined
in this section. Such categories shall, at a minimum, include
campus enrollments, campus nonstudent work force profile,
the number and duties of campus security personnel,
arrangements with state and local police, and policies on
controlled substances. Information for the most recent
academic year also shall include a description of any
programs offered by an institution’s student affairs or
services department, and by student government organizations regarding crime prevention and counseling, including
a directory of available services and appropriate telephone
numbers and physical locations of these services. In
addition, institutions maintaining student housing facilities
shall include information detailing security policies and
programs.
Institutions with a main campus and one or more branch
campuses shall provide the information on a campus-bycampus basis.
In the case of community colleges, colleges shall
provide such information to the main campuses only and
shall provide reasonable alternative information at any offcampus centers and other affiliated college sites enrolling
less than one hundred students.
(4) Each institution shall establish a task force which
shall annually examine campus security and safety issues.
[Title 28B RCW—page 27]
28B.10.569
Title 28B RCW: Higher Education
The task force shall review the report published and distributed pursuant to this section in order to ensure the accuracy
and effectiveness of the report, and make any suggestions for
improvement. This task force shall include representation
from the institution’s administration, faculty, staff, recognized student organization, and police or security organization. [1990 c 288 § 7.]
28B.10.570 Interfering by force or violence with
any administrator, faculty member or student unlawful.
It shall be unlawful for any person, singly or in concert with
others, to interfere by force or violence with any administrator, faculty member or student of any university, college or
community college who is in the peaceful discharge or
conduct of his duties or studies. [1971 c 45 § 1; 1970 ex.s.
c 98 § 1. Formerly RCW 28.76.600.]
Severability—1971 c 45: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provisions to other persons
or circumstances is not affected." [1971 c 45 § 8.]
Severability—1970 ex.s. c 98: "If a court of competent jurisdiction
shall adjudge to be invalid or unconstitutional any clause, sentence,
paragraph, section, or part of this act, such judgment or decree shall not
affect, impair, invalidate or nullify the remainder of this act, but the effect
thereof shall be confined to the clause, sentence, paragraph, section or part
of this act so adjudged to be invalid or unconstitutional." [1970 ex.s. c 98
§ 5.]
Disturbing school, school activities or meetings—Penalty—Disposition of
fines: RCW 28A.635.030.
28B.10.571 Intimidating any administrator, faculty
member or student by threat of force or violence unlawful. It shall be unlawful for any person, singly or in concert
with others, to intimidate by threat of force or violence any
administrator, faculty member or student of any university,
college or community college who is in the peaceful discharge or conduct of his duties or studies. [1971 c 45 § 2;
1970 ex.s. c 98 § 2. Formerly RCW 28.76.601.]
Severability—1971 c 45: See note following RCW 28B.10.570.
Severability—1970 ex.s. c 98: See note following RCW 28B.10.570.
28B.10.572 Certain unlawful acts—Disciplinary
authority exception. The crimes defined in RCW
28B.10.570 through 28B.10.573 shall not apply to school
administrators or teachers who are engaged in the reasonable
exercise of their disciplinary authority. [1970 ex.s. c 98 § 3.
Formerly RCW 28.76.602.]
Severability—1970 ex.s. c 98: See note following RCW 28B.10.570.
28B.10.573 Certain unlawful acts—Penalty. Any
person guilty of violating RCW 28B.10.570 through
28B.10.573 shall be deemed guilty of a gross misdemeanor
and, upon conviction thereon, shall be fined not more than
five hundred dollars, or imprisoned in jail not more than six
months or both such fine and imprisonment. [1970 ex.s. c
98 § 4. Formerly RCW 28.76.603.]
Severability—1970 ex.s. c 98: See note following RCW 28B.10.570.
28B.10.575 Student housing—Liquor prohibited,
areas—Complaints regarding liquor and illegal drug
use—Policies, procedures, sanctions. (1) Each public
institution of higher education shall notify all students
[Title 28B RCW—page 28]
applying for college or university-owned student housing of
the availability of housing in an area in which all liquor use
is prohibited.
(2) Each public institution of higher education, upon
request, shall provide students access to student housing on
a residence hall floor, designated area, or in a building where
liquor use is prohibited.
(3) Each public institution shall have in place, and
distribute to students in college or university-owned student
housing, a process for reporting violations and complaints of
liquor and illegal drug use.
(4) Each public institution shall have in place, distribute
to students, and vigorously enforce policies and procedures
for investigating complaints regarding liquor and illegal drug
use in college or university-owned student housing, including
the sanctions that may be applied for violations of the
institution’s liquor and illegal drug use policies.
(5) Students who violate the institution’s liquor and
illegal drug use policies are subject to disciplinary action.
Sanctions that may be applied for violations of the
institution’s liquor or illegal drug use policies include
warnings, restitution for property damage, probation,
expulsion from college or university-owned housing, and
suspension from the institution.
(6) As used in this section:
(a) "Liquor" has the meaning in RCW 66.04.010; and
(b) "Illegal drug use" refers to the unlawful use of
controlled substances under chapter 69.50 RCW or legend
drugs under chapter 69.41 RCW. [1996 c 17 § 2.]
Policy—1996 c 17: "The state makes a substantial investment of
finances and resources in students who are attending state institutions of
higher education. In exchange, students are expected to actively pursue
their education and contribute to an academic environment that is conducive
to learning. Students who abuse liquor and drugs, however, are unable to
make full use of this educational opportunity. More important, students
who abuse liquor and drugs create an environment that interferes with the
ability of other students to pursue their education. This is especially true
in university-owned student housing where liquor and drug abuse contribute
to noise, vandalism, theft, and violence. While the universities and colleges
may not be able to stop all liquor and drug abuse among student populations, the very least they can do is ensure that the vast majority of students
without drug or liquor problems are provided with a living environment that
is safe and conducive to the pursuit of higher education." [1996 c 17 § 1.]
28B.10.580 Term papers, theses, dissertations, sale
of prohibited—Legislative findings—Purpose. (1) The
legislature finds that commercial operations selling term
papers, theses, and dissertations encourages academic dishonesty, and in so doing impairs the public confidence in the
credibility of institutions of higher education whether in this
state or any other to function within their prime mission, that
of providing a quality education to the citizens of this or any
other state.
(2) The legislature further finds that this problem,
beyond the ability of these institutions to control effectively,
is a matter of state concern, while at the same time recognizing the need for and the existence of legitimate research
functions.
It is the declared intent of RCW 28B.10.580 through
28B.10.584, therefore, that the state of Washington prohibit
the preparation for sale or commercial sale of term papers,
theses and dissertations: PROVIDED, That such legislation
shall not affect legitimate and proper research activities:
PROVIDED FURTHER, That such legislation does not
(2002 Ed.)
Colleges and Universities Generally
impinge on the rights, under the First Amendment, of
freedom of speech, of the press, and of distributing information. [1981 c 23 § 1; 1979 c 43 § 1.]
Severability—1981 c 23: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 23 § 3.]
Severability—1979 c 43: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1979 c 43 § 4.]
28B.10.582 Term papers, theses, dissertations, sale
of prohibited—Definitions. Unless the context clearly
indicates otherwise, the words used in RCW 28B.10.580
through 28B.10.584 shall have the meaning given in this
section:
(1) "Person" means any individual, partnership, corporation, or association.
(2) "Assignment" means any specific written, recorded,
pictorial, artistic, or other academic task, including but not
limited to term papers, theses, dissertations, essays, and
reports, that is intended for submission to any postsecondary
institution in fulfillment of the requirements of a degree,
diploma, certificate, or course of study at any such educational institution.
(3) "Prepare" means to create, write, or in any way
produce in whole or substantial part a term paper, thesis,
dissertation, essay, report, or other assignment for a monetary fee.
(4) "Postsecondary institution" means any university,
college, or other postsecondary educational institution.
[1981 c 23 § 2; 1979 c 43 § 2.]
Severability—1981 c 23: See note following RCW 28B.10.580.
Severability—1979 c 43: See note following RCW 28B.10.580.
28B.10.584 Term papers, theses, dissertations, sale
of prohibited—Violations enumerated—Exempted acts—
Civil penalties—Injunctive relief. (1) No person shall
prepare, offer to prepare, cause to be prepared, sell, or offer
for sale to any other person, including any student enrolled
in a postsecondary institution, any assignment knowing, or
under the circumstances having reason to know, that said
assignment is intended for submission either in whole or
substantial part under a student’s name in fulfillment of the
requirements for a degree, diploma, certificate, or course of
study at any postsecondary institution.
(2) No person shall sell or offer for sale to any student
enrolled in a postsecondary institution any assistance in the
preparation, research or writing of an assignment knowing or
under the circumstances having reason to know, that said
assignment is intended for submission either in whole or
substantial part under said student’s name to such educational institution in fulfillment of the requirements for a
degree, diploma, certificate, or course of study.
(3) Nothing contained in this section shall prevent any
person from providing tutorial assistance, research material,
information, or other assistance to persons enrolled in a
postsecondary institution which is not intended for submission in whole or in substantial part as an assignment under
the student’s name to such institution. Nor shall any person
be prevented by this section from rendering services for a
(2002 Ed.)
28B.10.580
monetary fee which includes typing, assembling, transcription, reproduction, or editing of a manuscript or other
assignment: PROVIDED, That such services are not
rendered with the intent of making substantive changes in a
manuscript or other assignment.
(4) Any person violating any provision of RCW
28B.10.580, 28B.10.582 or 28B.10.584 shall be subject to
civil penalties of not more than one thousand dollars for
each violation. Any court of competent jurisdiction is
hereby authorized to grant such further relief as is necessary
to enforce the provisions of this section, including the
issuance of an injunction.
(5) Any person against whom a judgment has been
entered pursuant to subsection (4) of this section, shall upon
any subsequent violation of RCW 28B.10.580, 28B.10.582
or 28B.10.584 be subject to civil penalties not to exceed ten
thousand dollars. Any court of competent jurisdiction is
hereby authorized to grant such further relief as is necessary
to enforce the provisions of this section, including the
issuance of an injunction.
(6) Actions for injunction under the provisions of this
section may be brought in the name of the state of Washington upon the complaint of the attorney general or any
prosecuting attorney in the name of the state of Washington.
[1979 c 43 § 3.]
Severability—1979 c 43: See note following RCW 28B.10.580.
28B.10.600 District schools may be used for teacher
training by universities and The Evergreen State College—Authority. The boards of regents of the state
universities are each authorized to enter into agreements with
the board of directors of any school district in this state
whereby one or more of the public schools operated by such
district may be used by the university for the purpose of
training students at said university as teachers, supervisors,
principals, or superintendents. The boards of trustees of the
regional universities and of The Evergreen State College are
authorized to enter into similar agreements for the purpose
of training students at their institutions as teachers, supervisors, or principals. [1977 ex.s. c 169 § 27; 1969 ex.s. c 223
§ 28B.10.600. Prior: 1949 c 182 § 1; Rem. Supp. 1949 §
4543-40. Formerly RCW 28.76.350.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Regional university model schools and training departments: RCW
28B.35.300 through 28B.35.315.
The Evergreen State College model schools and training departments:
RCW 28B.40.300 through 28B.40.315.
28B.10.605 District schools may be used for teacher
training by universities and The Evergreen State College—Agreement for financing, organization, etc. The financing and the method of organization and administration
of such a training program operated by agreement between
a state university board of regents or a regional university
board of trustees or The Evergreen State College board of
trustees, and the board of directors of any school district,
shall be determined by agreement between them. [1977 ex.s.
c 169 § 28; 1969 ex.s. c 223 § 28B.10.605. Prior: 1949 c
182 § 2; Rem. Supp. 1949 § 4543-41. Formerly RCW
28.76.360.]
[Title 28B RCW—page 29]
28B.10.605
Title 28B RCW: Higher Education
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.620 Agreements for research work by
private nonprofit corporations at universities—Authority.
The boards of regents of the state universities are hereby
empowered to enter into agreements with corporations
organized under *chapters 24.08, 24.16 or 24.20 RCW,
whereby such corporations may be permitted to conduct on
university property devoted mainly to medical, educational
or research activities, under such conditions as the boards of
regents shall prescribe, any educational, hospital, research or
related activity which the boards of regents shall find will
further the objects of the university. [1969 ex.s. c 223 §
28B.10.620. Prior: 1949 c 152 § 1; Rem. Supp. 1949 §
4543-30. Formerly RCW 28.76.370.]
*Reviser’s note: Chapters 24.08 and 24.16 RCW were repealed by
1967 c 235; but see chapter 24.03 RCW, the Washington nonprofit
corporation act.
28B.10.625 Agreements for research work by
private nonprofit corporations at universities—Funds
may be expended in cooperative effort. The boards of
regents of the state universities may expend funds available
to said institutions in any cooperative effort with such
corporations which will further the objects of the particular
university and may permit any such corporation or corporations to use any property of the university in carrying on
said functions. [1969 ex.s. c 223 § 28B.10.625. Prior:
1949 c 152 § 2; Rem. Supp. 1949 § 4543-31. Formerly
RCW 28.76.380.]
28B.10.640 Student associations to contract for
certain purchases, concessions, printing, etc.—Procedure.
The associated students of the University of Washington, the
associated students of Washington State University, the
student associations of the state community colleges and the
student associations of the regional universities and of The
Evergreen State College shall contract for all purchases for
printing of athletic programs, athletic tickets, athletic press
brochures, yearbooks, magazines, newspapers, and letting of
concessions, exceeding one thousand dollars, notice of call
for bid on the same to be published in at least two newspapers of general circulation in the county wherein the institution is located two weeks prior to the award being made.
The contract shall be awarded to the lowest responsible
bidder, if the price bid is fair and reasonable and not greater
than the market value and price, and if the bid satisfactorily
covers the quality, design, performance, convenience and
reliability of service of the manufacturer and/or dealer. The
aforesaid student associations may require such security as
they deem proper to accompany the bids submitted, and they
shall also fix the amount of the bond or other security that
shall be furnished by the person to whom the contract is
awarded. Such student associations may reject any or all
bids submitted, if for any reason it is deemed for the best
interest of their organizations to do so and readvertise in
accordance with the provisions of this section. The student
associations may reject the bid of any person who has had
a prior contract, and who did not, in its opinion, faithfully
comply with its terms: PROVIDED, That nothing in this
section shall apply to printing done or presses owned and
[Title 28B RCW—page 30]
operated by the associated students of the University of
Washington, the associated students of Washington State
University or the student associations of the regional
universities or of The Evergreen State College or community
colleges, or to printing done on presses owned or operated
by their respective institutions. [1977 ex.s. c 169 § 29; 1969
ex.s. c 223 § 28B.10.640. Prior: 1967 ex.s. c 8 § 50; 1957
c 212 § 1. Formerly RCW 28.76.390.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.648 Employees—Peer review committees—
Members’ immunity—Proceedings—Statement of reasons—Legal representation of members. (1) Employees,
agents, or students of institutions of higher education serving
on peer review committees which recommend or decide on
appointment, reappointment, tenure, promotion, merit raises,
dismissal, or other disciplinary measures for employees of
the institution, are immune from civil actions for damages
arising from the good faith performance of their duties as
members of the committees. Individuals who provide
written or oral statements in support of or against a person
reviewed are also immune from civil actions if their statements are made in good faith.
(2) Peer review proceedings shall be pursuant to rules
and regulations promulgated by the respective institutions of
higher education.
(3) Upon the request of an evaluated person, the
appropriate administrative officer of the institution shall
provide a statement of the reasons of the peer review
committees and of participating administrative officers for a
final unfavorable decision on merit, promotion, tenure or
reappointment. In the case of a disciplinary or dismissal
proceeding, a statement of reasons shall be provided by the
reviewing committee to the evaluated person for any
decision unfavorable to such person.
(4) The institutions of higher education shall provide
legal representation for any past or current members of the
peer review committee and for individuals who testify orally
or in writing in good faith before such committee in any
legal action which may arise from committee proceedings.
[1984 c 137 § 1.]
Severability—1984 c 137: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 137 § 2.]
28B.10.650 Remunerated professional leaves for
faculty members of institutions of higher education. It is
the intent of the legislature that when the state and regional
universities, The Evergreen State College, and community
colleges grant professional leaves to faculty and exempt
staff, such leaves be for the purpose of providing opportunities for study, research, and creative activities for the
enhancement of the institution’s instructional and research
programs.
The boards of regents of the state universities, the
boards of trustees of the regional universities and of The
Evergreen State College and the board of trustees of each
community college district may grant remunerated professional leaves to faculty members and exempt staff, as
defined in *RCW 28B.16.040, in accordance with regulations
(2002 Ed.)
Colleges and Universities Generally
adopted by the respective governing boards for periods not
to exceed twelve consecutive months in accordance with the
following provisions:
(1) The remuneration from state general funds and
general local funds for any such leave granted for any
academic year shall not exceed the average of the highest
quartile of a rank order of salaries of all full time teaching
faculty holding academic year contracts or appointments at
the institution or in the district.
(2) Remunerated professional leaves for a period of
more or less than an academic year shall be compensated at
rates not to exceed a proportional amount of the average
salary as otherwise calculated for the purposes of subsection
(1) of this section.
(3) The grant of any such professional leave shall be
contingent upon a signed contractual agreement between the
respective governing board and the recipient providing that
the recipient shall return to the granting institution or district
following his or her completion of such leave and serve in
a professional status for a period commensurate with the
amount of leave so granted. Failure to comply with the
provisions of such signed agreement shall constitute an
obligation of the recipient to repay to the institution any
remuneration received from the institution during the leave.
(4) The aggregate cost of remunerated professional
leaves awarded at the institution or district during any year,
including the cost of replacement personnel, shall not exceed
the cost of salaries which otherwise would have been paid to
personnel on leaves: PROVIDED, That for community college districts the aggregate cost shall not exceed one hundred
fifty percent of the cost of salaries which would have
otherwise been paid to personnel on leaves: PROVIDED
FURTHER, That this subsection shall not apply to any
community college district with fewer than seventy-five full
time faculty members and granting fewer than three individuals such leaves in any given year.
(5) The average number of annual remunerated professional leaves awarded at any such institution or district shall
not exceed four percent of the total number of full time
equivalent faculty, as defined by the office of financial
management, who are engaged in instruction, and exempt
staff as defined in *RCW 28B.16.040.
(6) Negotiated agreements made in accordance with
chapter 28B.52 RCW and entered into after July 1, 1977,
shall be in conformance with the provisions of this section.
(7) The respective institutions and districts shall maintain such information which will ensure compliance with the
provisions of this section. The higher education coordinating
board shall periodically request such information as to ensure
institutions are in compliance. [1985 c 370 § 53; 1981 c 113
§ 1; 1979 c 44 § 1; 1979 c 14 § 3. Prior: 1977 ex.s. c 173
§ 1; 1977 ex.s. c 169 § 30; 1969 ex.s. c 223 § 28B.10.650;
prior: 1959 c 155 § 1. Formerly RCW 28.76.400.]
*Reviser’s note: RCW 28B.16.040 was repealed by 1993 c 281 § 68,
effective July 1, 1993.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—1977 ex.s. c 173: "This act shall take effect on July
1, 1977." [1977 ex.s. c 173 § 4.]
Severability—1977 ex.s. c 173: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 173 § 3.]
(2002 Ed.)
28B.10.650
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.660 Insurance or protection authorized—
Premiums—Health benefits for graduate student appointees. (1) The governing boards of any of the state’s institutions of higher education may make available liability, life,
health, health care, accident, disability and salary protection
or insurance or any one of, or a combination of, the enumerated types of insurance, or any other type of insurance or
protection, for the regents or trustees and students of the
institution. Except as provided in subsection (2) of this section, the premiums due on such protection or insurance shall
be borne by the assenting regents, trustees, or students. The
regents or trustees of any of the state institutions of higher
education may make liability insurance available for employees of the institutions. The premiums due on such liability
insurance shall be borne by the university or college.
(2) A governing board of a public four-year institution
of higher education may make available, and pay the costs
of, health benefits for graduate students holding graduate
service appointments, designated as such by the institution.
Such health benefits may provide coverage for spouses and
dependents of such graduate student appointees. [1993 sp.s.
c 9 § 1; 1979 ex.s. c 88 § 1. Prior: 1973 1st ex.s. c 147 §
4; 1973 1st ex.s. c 9 § 2; 1971 ex.s. c 269 § 3; 1969 ex.s. c
237 § 4; 1969 ex.s. c 223 § 28B.10.660; prior: 1967 c 135
§ 2, part; 1959 c 187 § 1, part. Formerly RCW 28.76.410,
part.]
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Severability—1971 ex.s. c 269: See note following RCW
28A.400.350.
28B.10.665 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
28B.10.680 Precollege course work—Findings—
Intent. The legislature finds that some college students who
have recently graduated from high school must immediately
enroll in one or more precollege classes before they can
proceed successfully through college. The legislature also
finds that these students should have received basic skills in
English, reading, spelling, grammar, and mathematics before
graduating from high school. It is the intent of the legislature that colleges and universities provide information to
school districts about recent graduates who enroll in precollege classes. It is also the intent of the legislature to
encourage institutions of higher education and the common
schools to work together to solve problems of common
concern. [1995 c 310 § 1.]
28B.10.682 Precollege course work—Adoption of
definitions. By June 30, 1996, in consultation with the
commission on student learning, the superintendent of public
instruction, the state board of education, faculty, teachers
from institutions of higher education and high schools, and
others as appropriate, the higher education coordinating
board shall adopt common definitions of remedial and
precollege material and course work. The definitions
adopted by the board shall be rigorous, challenging students
[Title 28B RCW—page 31]
28B.10.682
Title 28B RCW: Higher Education
to come to college well prepared to engage in college and
university work, and shall be adopted by each institution of
higher education as defined in RCW 28B.10.016. [1995 c
310 § 2.]
28B.10.685 Precollege course work—Enrollment
information—Report. Beginning in 1997, by September
30th of each year, each state university, regional university,
state college, and, for community colleges and technical
colleges, the state board for community and technical
colleges shall provide a report to the office of the superintendent of public instruction, the state board of education,
and the commission on student learning under *RCW
28A.630.885. The report shall contain the following information on students who, within three years of graduating
from a Washington high school, enrolled the prior year in a
state-supported precollege level class at the institution: (1)
The number of such students enrolled in a precollege level
class in mathematics, reading, grammar, spelling, writing, or
English; (2) the types of precollege classes in which each
student was enrolled; and (3) the name of the Washington
high school from which each student graduated.
For students who enrolled in a precollege class within
three years of graduating from a Washington high school,
each institution of higher education shall also report to the
Washington high school from which the student graduated.
The annual report shall include information on the number
of students from that high school enrolled in precollege
classes, and the types of classes taken by the students.
[1995 c 310 § 3.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607.
28B.10.690 Graduation rate improvement—
Findings. The legislature finds that, in public colleges and
universities, improvement is needed in graduation rates and
in the length of time required for students to attain their
educational objectives. The legislature also finds that public
colleges and universities should offer classes in a way that
will permit full-time students to complete a degree or
certificate program in about the amount of time described in
the institution’s catalog as necessary to complete that degree
or certificate program. [1993 c 414 § 1.]
28B.10.691 Graduation rate improvement—
Strategic plans—Adoption of strategies. (1) By May 15,
1994, each state institution of higher education, as part of its
strategic plan, shall adopt strategies designed to shorten the
time required for students to complete a degree or certificate
and to improve the graduation rate for all students.
(2) Beginning with the fall 1995-96 academic term, each
institution of higher education as defined in RCW
28B.10.016 shall implement the strategies described in
subsection (1) of this section. [1993 c 414 § 2.]
28B.10.693 Graduation rate improvement—Student
progression understandings. Each institution of higher
education as defined in RCW 28B.10.016 may enter into a
student progression understanding with an interested student.
The terms of the understanding shall permit a student to
obtain a degree or certificate within the standard period of
[Title 28B RCW—page 32]
time assumed for a full-time student pursuing that degree or
certificate. Usually, the standard amount of time will be
about two years for an associate of arts degree and about
four years for a baccalaureate degree. Student progression
understandings shall not give rise to any cause of action on
behalf of any student as a result of the failure of any state
institution of higher education to fulfill its obligations under
the student progression understanding. [1993 c 414 § 4.]
28B.10.700 Physical education in curriculum. The
*state board for community college education, the boards of
trustees of the regional universities and of The Evergreen
State College, and the boards of regents of the state universities, with appreciation of the legislature’s desire to emphasize physical education courses in their respective institutions, shall provide for the same, being cognizant of legislative guide lines put forth in RCW 28A.230.050 relating to
physical education courses in high schools. [1977 ex.s. c
169 § 31; 1969 ex.s. c 223 § 28B.10.700. Prior: 1963 c
235 § 1, part; prior: (i) 1923 c 78 § 1, part; 1919 c 89 § 2,
part; RRS § 4683, part. (ii) 1919 c 89 § 5, part; RRS §
4686, part. Formerly RCW 28.05.040, part.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.703 Programs for intercollegiate athletic
competition—Authorized. The governing boards of each
of the state universities, the regional universities, The
Evergreen State College, and community colleges in addition
to their other duties prescribed by law shall have the power
and authority to establish programs for intercollegiate athletic
competition. Such competition may include participation as
a member of an athletic conference or conferences, in
accordance with conference rules. [1977 ex.s. c 169 § 32;
1971 ex.s. c 28 § 2.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.10.704 Funds for assistance of student participants in intercollegiate activities or activities relating to
performing arts. Funds used for purposes of providing
scholarships or other forms of financial assistance to students
in return for participation in intercollegiate athletics in
accordance with RCW 28B.10.703 shall include but not be
limited to moneys received as contributed or donated funds,
or revenues derived from athletic events, including gate
receipts and revenues obtained from the licensing of radio
and television broadcasts.
Funds used for purposes of providing scholarships or
other forms of financial assistance to students in return for
participation in curriculum-related activities relating to
performing arts shall include but not be limited to moneys
received as contributed or donated funds, or revenues
derived from performing arts events, including admission
receipts and revenues obtained from the licensing of radio
and television broadcasts. [1979 ex.s. c 1 § 1; 1973 1st ex.s.
c 46 § 9; 1971 ex.s. c 28 § 3.]
Severability—1973 1st ex.s. c 46: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
(2002 Ed.)
Colleges and Universities Generally
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 46 § 11.]
28B.10.710 Washington state or Pacific Northwest
history in curriculum. There shall be a one quarter or
semester course in either Washington state history and
government, or Pacific Northwest history and government in
the curriculum of all teachers’ colleges and teachers’ courses
in all institutions of higher education. No person shall be
graduated from any of said schools without completing said
course of study, unless otherwise determined by the state
board of education. Any course in Washington state or
Pacific Northwest history and government used to fulfill this
requirement shall include information on the culture, history,
and government of the American Indian peoples who were
the first human inhabitants of the state and the region.
[1993 c 77 § 1; 1969 ex.s. c 223 § 28B.10.710. Prior: 1967
c 64 § 1, part; 1963 c 31 § 1, part; 1961 c 47 § 2, part; 1941
c 203 § 1, part; Rem. Supp. 1941 § 4898-3, part. Formerly
RCW 28.05.050, part.]
28B.10.730 AIDS information—Four-year institutions. The governing board of each state four-year institution of higher education shall make information available to
all newly matriculated students on methods of transmission
of the human immunodeficiency virus and prevention of
acquired immunodeficiency syndrome. The curricula and
materials shall be reviewed for medical accuracy by the
office on AIDS in coordination with the appropriate regional
AIDS service network. [1988 c 206 § 501.]
Severability—1988 c 206: See RCW 70.24.900.
28B.10.776 Budget calculation—Enrollment levels—
Participation rate. It is the policy of the state of Washington that the essential requirements level budget calculation
for institutions of higher education include enrollment levels
necessary to maintain, by educational sector, the participation
rate funded in the 1993 fiscal year. The participation rate
shall be based on the state’s estimated population ages
seventeen and above by appropriate age groups. [1993 sp.s.
c 15 § 2.]
Findings—1993 sp.s. c 15: "The legislature finds that the proportion
of the state budget dedicated to postsecondary educational programs has
decreased for two decades. At the same time, major technological,
economic, and demographic changes have exacerbated the need for
improved training and education to maintain a high quality, competitive
work force, and a well-educated populace to meet the challenges of the
twenty-first century. Therefore, the legislature finds that there is increasing
need for postsecondary educational opportunities for citizens of the state of
Washington.
The legislature declares that the policy of the state of Washington
shall be to improve the access to, and the quality of, this state’s
postsecondary educational system. The budgetary policy of the state of
Washington shall be to provide a level of protection and commitment to the
state’s postsecondary educational system commensurate with the responsibility of this state to the educational and professional improvement of its
citizens and work force." [1993 sp.s. c 15 § 1.]
Effective date—1993 sp.s. c 15: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1993." [1993 sp.s. c 15 § 10.]
28B.10.778 Budget calculation—New enrollments—
Funding level—Inflation factor. It is the policy of the
(2002 Ed.)
28B.10.704
state of Washington that, for new enrollments provided under
RCW 28B.10.776, the essential requirements level budget
calculation for those enrollments shall, each biennium, at a
minimum, include a funding level per full-time equivalent
student that is equal to the rate assumed in the omnibus
appropriations act for the last fiscal year of the previous
biennium for the instructional, primary support, and library
programs, plus an inflation factor. The inflation factor
should be equivalent to the inflation factor used to calculate
basic education in the common school system budget request
submitted by the governor. [1993 sp.s. c 15 § 3.]
Findings—Effective date—1993 sp.s. c 15: See notes following
RCW 28B.10.776.
28B.10.780 Budget calculation—Funding level. It
is the policy of the state of Washington that the essential
requirements level budget calculation for state institutions of
higher education include a funding level per full-time
equivalent student that is, each biennium, at a minimum,
equal to the general fund—state and tuition fund rate per
student assumed in the omnibus appropriations act for the
last fiscal year of the previous biennium for the state-funded
programs, minus one-time expenditures and plus an inflation
factor. The inflation factor should be equivalent to the inflation factor used to calculate basic education in the common
school system budget request submitted by the governor.
[1993 sp.s. c 15 § 4.]
Findings—Effective date—1993 sp.s. c 15: See notes following
RCW 28B.10.776.
28B.10.782 Budget calculation—Increased enrollment target level—Availability of information. It is the
policy of the state of Washington that higher education
enrollments be increased in increments each biennium in
order to achieve, by the year 2010, the goals, by educational
sector, adopted by the higher education coordinating board
in its enrollment plan entitled "Design for the 21st Century:
Expanding Higher Education Opportunities in Washington,"
or subsequent revisions adopted by the board.
Per student costs for additional students to achieve this
policy shall be at the same rate per student as enrollments
mandated in RCW 28B.10.776.
For each public college and university, and for the
community and technical college system, budget documents
generated by the governor and the legislature in the development and consideration of the biennial omnibus appropriations act shall display an enrollment target level. The
enrollment target level is the biennial state-funded enrollment
increase necessary to fulfill the state policy set forth in this
section. The budget documents shall compare the enrollment
target level with the state-funded enrollment increases
contained in the biennial budget proposals of the governor
and each house of the legislature. The information required
by this section shall be set forth in the budget documents so
that enrollment and cost information concerning the number
of students and additional funds needed to reach the enrollment goals are prominently displayed and easily understood.
For the governor’s budget request, the information
required by this section shall be made available in the
document entitled "Operating Budget Supporting Data" or its
successor document. [1993 sp.s. c 15 § 5.]
[Title 28B RCW—page 33]
28B.10.782
Title 28B RCW: Higher Education
Findings—Effective date—1993 sp.s. c 15: See notes following
RCW 28B.10.776.
28B.10.784 Budget calculation—Participation rate
and enrollment level estimates—Recommendations to
governor and legislature. The participation rate used to
calculate enrollment levels under RCW 28B.10.776 and
28B.10.782 shall be based on fall enrollment reported in the
higher education enrollment report as maintained by the
office of financial management, fall enrollment as reported
in the management information system of the state board for
community and technical colleges, and the corresponding fall
population forecast by the office of financial management.
Formal estimates of the state participation rates and enrollment levels necessary to fulfill the requirements of RCW
28B.10.776 and 28B.10.782 shall be determined by the
office of financial management as part of its responsibility
to develop and maintain student enrollment forecasts for
colleges and universities under RCW 43.62.050. Formal
estimates of the state participation rates and enrollment
levels required by this section shall be based on procedures
and standards established by a technical work group consisting of staff from the higher education coordinating board,
the public four-year institutions of higher education, the state
board for community and technical colleges, the fiscal and
higher education committees of the house of representatives
and the senate, and the office of financial management.
Formal estimates of the state participation rates and enrollment levels required by this section shall be submitted to the
fiscal committees of the house of representatives and senate
on or before November 15th of each even-numbered year.
The higher education coordinating board shall periodically
review the enrollment goals set forth in RCW 28B.10.776
and 28B.10.782 and submit recommendations concerning
modification of these goals to the governor and to the higher
education committees of the house of representatives and the
senate. [1993 sp.s. c 15 § 6.]
Findings—Effective date—1993 sp.s. c 15: See notes following
RCW 28B.10.776.
28B.10.786 Budget calculation—Student financial
aid programs. It is the policy of the state of Washington
that financial need not be a barrier to participation in higher
education. It is also the policy of the state of Washington
that the essential requirements level budget calculation
include funding for state student financial aid programs. The
calculation should, at a minimum, include a funding level
equal to the amount provided in the second year of the
previous biennium in the omnibus appropriations act, adjusted for the percentage of needy resident students, by educational sector, likely to be included in any enrollment increases necessary to maintain, by educational sector, the participation rate funded in the 1993 fiscal year. The calculation
should also be adjusted to reflect, by educational sector, any
increases in cost of attendance. The cost of attendance
figures should be calculated by the higher education coordinating board and provided to the office of financial management and appropriate legislative committees by June 30th of
each even-numbered year. [1993 sp.s. c 15 § 7.]
Findings—Effective date—1993 sp.s. c 15: See notes following
RCW 28B.10.776.
[Title 28B RCW—page 34]
28B.10.790 State student financial aid program—
Certain residents attending college or university in
another state, applicability to—Authorization. Washington residents attending any nonprofit college or university in
another state which has a reciprocity agreement with the
state of Washington shall be eligible for the student financial
aid program outlined in RCW 28B.10.800 through
28B.10.824 if (1) they qualify as a "needy student" under
RCW 28B.10.802(3), and (2) the institution attended is a
member institution of an accrediting association recognized
by rule of the higher education coordinating board for the
purposes of this section and is specifically encompassed
within or directly affected by such reciprocity agreement and
agrees to and complies with program rules and regulations
pertaining to such students and institutions adopted pursuant
to RCW 28B.10.822. [1985 c 370 § 54; 1980 c 13 § 1.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1980 c 13: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 13 § 3.]
28B.10.792 State student financial aid program—
Certain residents attending college or university in
another state, applicability to—Guidelines. The higher
education coordinating board shall develop guidelines for
determining the conditions under which an institution can be
determined to be directly affected by a reciprocity agreement
for the purposes of RCW 28B.10.790: PROVIDED, That no
institution shall be determined to be directly affected unless
students from the county in which the institution is located
are provided, pursuant to a reciprocity agreement, access to
Washington institutions at resident tuition and fee rates to
the extent authorized by Washington law. [1985 c 370 § 55;
1980 c 13 § 2.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1980 c 13: See note following RCW 28B.10.790.
28B.10.800 State student financial aid program—
State need grant program established—Purpose. The
purposes of RCW 28B.10.800 through 28B.10.824 are to
establish the principles upon which the state financial aid
programs will be based and to establish the state of Washington state need grant program, thus assisting financially
needy or disadvantaged students domiciled in Washington to
obtain the opportunity of attending an accredited institution
of higher education, as defined in RCW 28B.10.802(1).
State need grants under RCW 28B.10.800 through
28B.10.824 are available only to students who are resident
students as defined in RCW 28B.15.012(2) (a) through (d).
[1999 c 345 § 2; 1993 sp.s. c 18 § 2; 1969 ex.s. c 222 § 7.
Formerly RCW 28.76.430.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Legislative declaration—1969 ex.s. c 222: "The legislature hereby
declares that it regards the higher education of its qualified domiciliaries to
be a public purpose of great importance to the welfare and security of this
state and nation; and further declares that the establishment of a student
financial aid program, assisting financially needy or disadvantaged students
in this state to be a desirable and economical method of furthering this
purpose. The legislature has concluded that the benefit to the state in
(2002 Ed.)
Colleges and Universities Generally
assuring the development of the talents of its qualified domiciliaries will
bring tangible benefits to the state in the future.
The legislature further declares that there is an urgent need at present
for the establishment of a state of Washington student financial aid program,
and that the most efficient and economical way to meet this need is through
the plan prescribed in this act." [1969 ex.s. c 222 § 6.]
Severability—1969 ex.s. c 222: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 222 § 24.]
State educational trust fund—Established—Deposits—Use: RCW
28B.10.821.
28B.10.801 State student financial aid program—
State need grant program—Findings—Intent. (1) The
legislature finds that the higher education coordinating board,
in consultation with the higher education community, has
completed a review of the state need grant program. It is
the intent of the legislature to endorse the board’s proposed
changes to the state need grant program, including:
(a) Reaffirmation that the primary purpose of the state
need grant program is to assist low-income, needy, and
disadvantaged Washington residents attending institutions of
higher education;
(b) A goal that the base state need grant amount over
time be increased to be equivalent to the rate of tuition
charged to resident undergraduate students attending Washington state public colleges and universities;
(c) State need grant recipients be required to contribute
a portion of the total cost of their education through selfhelp;
(d) State need grant recipients be required to document
their need for dependent care assistance after taking into
account other public funds provided for like purposes; and
(e) Institutional aid administrators be allowed to
determine whether a student eligible for a state need grant in
a given academic year may remain eligible for the ensuing
year if the student’s family income increases by no more
than a marginal amount.
(2) The legislature further finds that the higher education coordinating board, under its authority to implement the
proposed changes in subsection (1) of this section, should do
so in a timely manner.
(3) The legislature also finds that:
(a) In most circumstances, need grant eligibility should
not extend beyond five years or one hundred twenty-five
percent of the published length of the program in which the
student is enrolled or the credit or clock-hour equivalent; and
(b) State financial aid programs should continue to
adhere to the principle that funding follows resident students
to their choice of institution of higher education. [1999 c
345 § 1.]
28B.10.802 State student financial aid program—
Definitions. As used in RCW 28B.10.800 through
28B.10.824:
(1) "Institutions of higher education" shall mean (1)
[(a)] any public university, college, community college, or
vocational-technical institute operated by the state of
Washington or any political subdivision thereof or (2) [(b)]
any other university, college, school, or institute in the state
of Washington offering instruction beyond the high school
level which is a member institution of an accrediting
(2002 Ed.)
28B.10.800
association recognized by rule of the board for the purposes
of this section: PROVIDED, That any institution, branch,
extension or facility operating within the state of Washington
which is affiliated with an institution operating in another
state must be a separately accredited member institution of
any such accrediting association, or a branch of a member
institution of an accrediting association recognized by rule of
the board for purposes of this section, that is eligible for
federal student financial aid assistance and has operated as
a nonprofit college or university delivering on-site classroom
instruction for a minimum of twenty consecutive years
within the state of Washington, and has an annual enrollment
of at least seven hundred full-time equivalent students:
PROVIDED FURTHER, That no institution of higher
education shall be eligible to participate in a student financial aid program unless it agrees to and complies with
program rules and regulations adopted pursuant to RCW
28B.10.822.
(2) The term "financial aid" shall mean loans and/or
grants to needy students enrolled or accepted for enrollment
as a student at institutions of higher education.
(3) The term "needy student" shall mean a post high
school student of an institution of higher learning as defined
in subsection (1) of this section who demonstrates to the
board the financial inability, either through the student’s
parents, family and/or personally, to meet the total cost of
board, room, books, and tuition and incidental fees for any
semester or quarter.
(4) The term "disadvantaged student" shall mean a post
high school student who by reason of adverse cultural,
educational, environmental, experiential, familial or other
circumstances is unable to qualify for enrollment as a full
time student in an institution of higher learning, who would
otherwise qualify as a needy student, and who is attending
an institution of higher learning under an established
program designed to qualify the student for enrollment as a
full time student.
(5) "Commission" or "board" shall mean the higher
education coordinating board. [2002 c 187 § 1; 1989 c 254
§ 2; 1985 c 370 § 56; 1979 ex.s. c 235 § 1; 1975 1st ex.s.
c 132 § 16; 1969 ex.s. c 222 § 8. Formerly RCW
28.76.440.]
Intent—1989 c 254: "It is the intent of the legislature that nothing
in this act shall prevent or discourage an individual from making an effort
to repay any state financial aid awarded during his or her collegiate career."
[1989 c 254 § 1.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1975 1st ex.s. c 132: See notes
following RCW 28B.80.200.
Loan programs for mathematics and science teachers: RCW 28B.15.760
through 28B.15.766.
28B.10.804 State student financial aid program—
Board, guidelines in performance of duties. The board
shall be cognizant of the following guidelines in the performance of its duties:
(1) The board shall be research oriented, not only at its
inception but continually through its existence.
(2) The board shall coordinate all existing programs of
financial aid except those specifically dedicated to a particular institution by the donor.
[Title 28B RCW—page 35]
28B.10.804
Title 28B RCW: Higher Education
(3) The board shall take the initiative and responsibility
for coordinating all federal student financial aid programs to
ensure that the state recognizes the maximum potential effect
of these programs, and shall design state programs that
complement existing federal, state, and institutional programs. The board shall ensure that state programs continue
to follow the principle that state financial aid funding
follows the student to the student’s choice of institution of
higher education.
(4) Counseling is a paramount function of the state need
grant and other state student financial aid programs, and in
most cases could only be properly implemented at the
institutional levels; therefore, state student financial aid
programs shall be concerned with the attainment of those
goals which, in the judgment of the board, are the reasons
for the existence of a student financial aid program, and not
solely with administration of the program on an individual
basis.
(5) The "package" approach of combining loans, grants
and employment for student financial aid shall be the
conceptual element of the state’s involvement. [1999 c 345
§ 3; 1995 c 269 § 801; 1969 ex.s. c 222 § 10. Formerly
RCW 28.76.450.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
28B.10.806 State student financial aid program—
Powers and duties of board. The board shall have the
following powers and duties:
(1) Conduct a full analysis of student financial aid as a
means of:
(a) Fulfilling educational aspirations of students of the
state of Washington, and
(b) Improving the general, social, cultural, and economic
character of the state.
Such an analysis will be a continuous one and will yield
current information relevant to needed improvements in the
state program of student financial aid. The board will
disseminate the information yielded by their analyses to all
appropriate individuals and agents.
(2) Design a state program of student financial aid based
on the data of the study referred to in this section. The state
programs will supplement available federal and local aid
programs. The state programs of student financial aid will
not exceed the difference between the budgetary costs of
attending an institution of higher education and the student’s
total resources, including family support, personal savings,
employment, and federal, state, and local aid programs.
(3) Determine and establish criteria for financial need of
the individual applicant based upon the consideration of that
particular applicant. In making this determination the board
shall consider the following:
(a) Assets and income of the student.
(b) Assets and income of the parents, or the individuals
legally responsible for the care and maintenance of the
student.
(c) The cost of attending the institution the student is
attending or planning to attend.
(d) Any other criteria deemed relevant to the board.
[Title 28B RCW—page 36]
(4) Set the amount of financial aid to be awarded to any
individual needy or disadvantaged student in any school
year.
(5) Award financial aid to needy or disadvantaged
students for a school year based upon only that amount
necessary to fill the financial gap between the budgetary cost
of attending an institution of higher education and the family
and student contribution.
(6) Review the need and eligibility of all applications on
an annual basis and adjust financial aid to reflect changes in
the financial need of the recipients and the cost of attending
the institution of higher education. [1999 c 345 § 4; 1989 c
254 § 3; 1969 ex.s. c 222 § 11. Formerly RCW 28.76.460.]
Intent—1989 c 254: See note following RCW 28B.10.802.
28B.10.808 State student financial aid program—
State need grant awards. In awarding need grants, the
board shall proceed substantially as follows: PROVIDED,
That nothing contained herein shall be construed to prevent
the board, in the exercise of its sound discretion, from
following another procedure when the best interest of the
program so dictates:
(1) The board shall annually select the financial aid
award recipients from among Washington residents applying
for student financial aid who have been ranked according to
financial need as determined by the amount of the family
contribution and other considerations brought to the board’s
attention.
(2) The financial need of the highest ranked students
shall be met by grants depending upon the evaluation of
financial need until the total allocation has been disbursed.
Funds from grants which are declined, forfeited or otherwise
unused shall be reawarded until dispersed.
(3) A student shall be eligible to receive a state need
grant for up to five years, or the credit or clock hour
equivalent of five years, or up to one hundred twenty-five
percent of the published length of time of the student’s
program. A student may not start a new associate degree
program as a state need grant recipient until at least five
years have elapsed since earning an associate degree as a
need grant recipient, except that a student may earn two
associate degrees concurrently. Qualifications for renewal
will include maintaining satisfactory academic progress
toward completion of an eligible program as determined by
the board. Should the recipient terminate his or her enrollment for any reason during the academic year, the unused
portion of the grant shall be returned to the state educational
grant fund by the institution according to the institution’s
own policy for issuing refunds, except as provided in RCW
28B.10.8081.
(4) In computing financial need, the board shall determine a maximum student expense budget allowance, not to
exceed an amount equal to the total maximum student
expense budget at the public institutions plus the current
average state appropriation per student for operating expense
in the public institutions. [1999 c 345 § 5; 1991 c 164 § 4;
1989 c 254 § 4; 1969 ex.s. c 222 § 12. Formerly RCW
28.76.470.]
Intent—1989 c 254: See note following RCW 28B.10.802.
(2002 Ed.)
Colleges and Universities Generally
28B.10.8081 Persian Gulf veterans—Limited
application of RCW 28B.10.808. Under rules adopted by
the board, the provisions of RCW 28B.10.808(3) shall not
apply to eligible students, as defined in RCW 28B.10.017,
and eligible students shall not be required to repay the
unused portions of grants received under the state student
financial aid program. [1991 c 164 § 3.]
28B.10.810 State student financial aid program—
Eligibility for state need grant. For a student to be eligible
for a state need grant a student must:
(1) Be a "needy student" or "disadvantaged student" as
determined by the board in accordance with RCW
28B.10.802 (3) and (4).
(2) Have been domiciled within the state of Washington
for at least one year.
(3) Be enrolled or accepted for enrollment on at least a
half-time basis at an institution of higher education in
Washington as defined in RCW 28B.10.802(1).
(4) Have complied with all the rules and regulations
adopted by the board for the administration of RCW
28B.10.800 through 28B.10.824. [1999 c 345 § 6; 1989 c
254 § 5; 1969 ex.s. c 222 § 13. Formerly RCW 28.76.475.]
Intent—1989 c 254: See note following RCW 28B.10.802.
28B.10.812 State student financial aid program—
Aid granted without regard to applicant’s race, creed,
color, religion, sex, or ancestry. All student financial aid
shall be granted by the commission without regard to the
applicant’s race, creed, color, religion, sex, or ancestry.
[1969 ex.s. c 222 § 14. Formerly RCW 28.76.480.]
28B.10.814 State student financial aid program—
Theology student denied aid. No aid shall be awarded to
any student who is pursuing a degree in theology. [1969
ex.s. c 222 § 15. Formerly RCW 28.76.490.]
28B.10.816 State student financial aid program—
Application of award. A state financial aid recipient under
RCW 28B.10.800 through 28B.10.824 shall apply the award
toward the cost of tuition, room, board, books and fees at the
institution of higher education attended. [1969 ex.s. c 222
§ 16. Formerly RCW 28.76.500.]
28B.10.8081
28B.10.821 State educational trust fund—
Deposits—Expenditures. The state educational trust fund
is hereby established in the state treasury. The primary
purpose of the trust is to pledge statewide available college
student assistance to needy or disadvantaged students,
especially middle and high school youth, considered at-risk
of dropping out of secondary education who participate in
board-approved early awareness and outreach programs and
who enter any accredited Washington institution of
postsecondary education within two years of high school
graduation.
The board shall deposit refunds and recoveries of
student financial aid funds expended in prior fiscal periods
in such account. The board may also deposit moneys that
have been contributed from other state, federal, or private
sources.
Expenditures from the fund shall be for financial aid to
needy or disadvantaged students. The board may annually
expend such sums from the fund as may be necessary to
fulfill the purposes of this section, including not more than
three percent for the costs to administer aid programs
supported by the fund. All earnings of investments of
balances in the state educational trust fund shall be credited
to the trust fund. Expenditures from the fund shall not be
subject to appropriation but are subject to allotment procedures under chapter 43.88 RCW. [1997 c 269 § 1; 1996 c
107 § 1; 1991 sp.s. c 13 § 12; 1985 c 57 § 10; 1981 c 55 §
1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
28B.10.822 State student financial aid program—
Board rules. The board shall adopt rules as may be
necessary or appropriate for effecting the provisions of RCW
28B.10.800 through 28B.10.824 and 28B.10.801, and not in
conflict with RCW 28B.10.800 through 28B.10.824, in
accordance with the provisions of chapter 34.05 RCW, the
administrative procedure act. [1999 c 345 § 7; 1973 c 62 §
4; 1969 ex.s. c 222 § 19. Formerly RCW 28.76.530.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.10.818 State student financial aid program—
Commission to determine how funds disbursed. Funds
appropriated for student financial assistance to be granted
pursuant to RCW 28B.10.800 through 28B.10.824 shall be
disbursed as determined by the commission. [1969 ex.s. c
222 § 17. Formerly RCW 28.76.510.]
28B.10.824 State student financial aid program—
Commission, executive director, employees—
Appointment—Salaries. Subject to the provisions of
*chapter 28B.16 RCW, the state higher education personnel
law, the commission shall appoint an executive director as
chief administrator of the commission, and such employees
as it deems advisable, and shall fix their compensation and
prescribe their duties. [1973 c 62 § 5; 1969 ex.s. c 222 §
20. Formerly RCW 28.76.540.]
28B.10.820 State student financial aid program—
Grants, gifts, bequests and devises of property. The
commission shall be authorized to accept grants, gifts,
bequests, and devises of real and personal property from any
source for the purpose of granting financial aid in addition
to that funded by the state. [1969 ex.s. c 222 § 18. Formerly RCW 28.76.520.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was
recodified as RCW 41.06.382. The powers, duties, and functions of the
state higher education personnel board were transferred to the Washington
personnel resources board. RCW 28B.16.015 and 41.06.382 were
subsequently repealed by 2002 c 354 § 403, effective July 1, 2005.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
(2002 Ed.)
[Title 28B RCW—page 37]
28B.10.825
Title 28B RCW: Higher Education
28B.10.825 Institutional student loan fund for
needy students. The board of trustees or regents of each of
the state’s colleges or universities may allocate from services
and activities fees an amount not to exceed one dollar per
quarter or one dollar and fifty cents per semester to an
institutional student loan fund for needy students, to be
administered by such rules or regulations as the board of
trustees or regents may adopt: PROVIDED, That loans from
such funds shall not be made for terms exceeding twelve
months, and the true annual rate of interest charged shall be
six percent. [1971 ex.s. c 279 § 4.]
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
Colleges and universities defined: RCW 28B.15.005.
28B.10.840 Definitions for purposes of RCW
28B.10.840 through 28B.10.844. The term "institution of
higher education" whenever used in RCW 28B.10.840
through 28B.10.844, shall be held and construed to mean any
public institution of higher education in Washington. The
term "educational board" whenever used in RCW
28B.10.840 through 28B.10.844, shall be held and construed
to mean the *state board for community college education
and the higher education coordinating board. [1985 c 370 §
57; 1975 1st ex.s. c 132 § 17; 1972 ex.s. c 23 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1975 1st ex.s. c 132: See notes
following RCW 28B.80.200.
28B.10.842 Actions against regents, trustees,
officers, employees, or agents of institutions of higher
education or educational boards—Defense—Costs—
Payment of obligations from liability account. Whenever
any action, claim, or proceeding is instituted against any
regent, trustee, officer, employee, or agent of an institution
of higher education or member of the governing body,
officer, employee, or agent of an educational board arising
out of the performance or failure of performance of duties
for, or employment with such institution or educational
board, the board of regents or board of trustees of the
institution or governing body of the educational board may
grant a request by such person that the attorney general be
authorized to defend said claim, suit, or proceeding, and the
costs of defense of such action shall be paid as provided in
RCW 4.92.130. If a majority of the members of a board of
regents or trustees or educational board is or would be
personally affected by such findings and determination, or is
otherwise unable to reach any decision on the matter, the
attorney general is authorized to grant a request. When a
request for defense has been authorized, then any obligation
for payment arising from such action, claim, or proceedings
shall be paid from the liability account, notwithstanding the
nature of the claim, pursuant to the provisions of *RCW
4.92.130 through 4.92.170, as now or hereafter amended:
PROVIDED, That this section shall not apply unless the
authorizing body has made a finding and determination by
resolution that such regent, trustee, member of the educa[Title 28B RCW—page 38]
tional board, officer, employee, or agent was acting in good
faith. [1999 c 163 § 7; 1975 c 40 § 4; 1972 ex.s. c 23 § 2.]
*Reviser’s note: RCW 4.92.140 and 4.92.170 were repealed by 1989
c 419 § 18, effective July 1, 1989.
Effective date—1999 c 163: See note following RCW 4.92.130.
Liability coverage of university personnel and students: RCW 28B.20.250
through 28B.20.255.
28B.10.844 Regents, trustees, officers, employees or
agents of institutions of higher education or educational
boards, insurance to protect and hold personally harmless. The board of regents and the board of trustees of each
of the state’s institutions of higher education and governing
body of an educational board are authorized to purchase
insurance to protect and hold personally harmless any regent,
trustee, officer, employee or agent of their respective institution, any member of an educational board, its officers,
employees or agents, from any action, claim or proceeding
instituted against him arising out of the performance or
failure of performance of duties for or employment with
such institution or educational board and to hold him
harmless from any expenses connected with the defense,
settlement or monetary judgments from such actions. [1972
ex.s. c 23 § 3.]
Liability coverage of university personnel and students: RCW 28B.20.250
through 28B.20.255.
28B.10.850 Capital improvements, bonds for—
Authorized—Form, terms, conditions, sale, signatures.
For the purpose of providing needed capital improvements
consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of thirty million two hundred
thousand dollars or so much thereof as shall be required to
finance the capital projects relating to the institutions of
higher education as set forth in the capital appropriations act,
chapter 114, Laws of 1973 1st ex. sess., to be paid and
discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the Constitution
of the state of Washington.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any
portion or portions of such bonds, and the conditions of sale
and issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1985 ex.s. c 4 § 13; 1973 1st ex.s. c 135 § 1.]
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
Severability—1973 1st ex.s. c 135: "If any provision of this 1973
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 1st ex.s. c 135 § 7.]
28B.10.851 Capital improvements, bonds for—
Account created, purpose. The proceeds from the sale of
(2002 Ed.)
Colleges and Universities Generally
28B.10.851
the bonds authorized herein, together with all grants, donations, transferred funds and all other moneys which the state
finance committee may direct the state treasurer to deposit
therein shall be deposited in the state higher education
construction account hereby created in the state treasury.
[1991 sp.s. c 13 § 45; 1985 c 57 § 11; 1973 1st ex.s. c 135
§ 2.]
moneys for the payment of the interest and principal of the
bonds authorized herein and RCW 28B.10.850 through
28B.10.855 shall not be deemed to provide an exclusive
method for such payment. [1973 1st ex.s. c 135 § 5.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.855 Capital improvements, bonds for—As
legal investment for state and municipal funds. The
bonds herein authorized shall be a legal investment for all
state funds or for funds under state control and all funds of
municipal corporations. [1973 1st ex.s. c 135 § 6.]
28B.10.852 Capital improvements, bonds for—Bond
anticipation notes, purpose. At the time the state finance
committee determines to issue such bonds or a portion
thereof, it may, pending the issuing of such bonds, issue, in
the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes
shall be designated as "bond anticipation notes". Such
portion of the proceeds of the sale of such bonds that may
be required for such purpose shall be applied to the payment
of the principal of and interest on such anticipation notes
which have been issued. The proceeds from the sale of
bonds or notes authorized by RCW 28B.10.850 through
28B.10.855 shall be deposited in the state higher education
construction account in the state treasury and shall be used
exclusively for the purposes specified in RCW 28B.10.850
through 28B.10.855 and for the payment of expenses
incurred in the issuance and sale of the bonds. [1985 c 57
§ 12; 1973 1st ex.s. c 135 § 3.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.853 Capital improvements, bonds for—Bond
redemption fund created, purpose—Compelling transfer
of funds to. The state higher education bond redemption
fund of 1973 is hereby created in the state treasury, which
fund shall be exclusively devoted to the payment of interest
on and retirement of the bonds authorized by RCW
28B.10.850 through 28B.10.855. The state finance committee shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet bond retirement and interest requirements,
and on July 1st of each year the state treasurer shall deposit
such amount in the state higher education bond redemption
fund of 1973 from any general state revenues received in the
state treasury and certified by the state treasurer to be
general state revenues.
The owner and holder of each of the bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer and
payment of funds as directed herein. [1973 1st ex.s. c 135
§ 4.]
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.854 Capital improvements, bonds for—
Legislature may provide additional means of revenue.
The legislature may provide additional means for raising
(2002 Ed.)
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
Severability—1973 1st ex.s. c 135: See note following RCW
28B.10.850.
28B.10.859 Distinguished professorship trust fund
program—"Private donation" defined. For the purposes
of RCW 28B.10.866 through 28B.10.873, "private donation"
includes assessments by commodity commissions authorized
to conduct research activities including but not limited to
research studies authorized under RCW 15.66.030 and
15.65.040. [1989 c 187 § 1.]
28B.10.863 Distinguished professorship program—
Solicitation and receipt of gifts—Investment of endowed
funds—Report to the legislature.
Reviser’s note: RCW 28B.10.863 was amended by 1987 c 505 § 11
without reference to its repeal by 1987 c 8 § 10. It has been decodified for
publication purposes pursuant to RCW 1.12.025.
28B.10.866 Distinguished professorship trust fund
program—Intent. The legislature recognizes that quality in
the state’s public four-year institutions of higher education
would be strengthened by additional partnerships between
citizens and the institutions. The legislature intends to foster
these partnerships by creating a matching grant program to
assist public four-year institutions of higher education in
creating endowments for funding distinguished professorships. [1987 c 8 § 1.]
Allocation of appropriated moneys—1988 c 125; 1987 c 8: "(1) For
the biennium ending June 30, 1989, all appropriations to the Washington
distinguished professorship trust fund shall be allocated as provided in this
section. The state treasurer shall reserve the following amounts in the trust
fund for distribution to four-year higher education institutions at such time
as qualifying gifts as defined in section 1, chapter 8, Laws of 1987 for
distinguished professorships have been deposited:
(a) Two million two hundred fifty thousand dollars of the appropriation for the University of Washington;
(b) One million five hundred thousand dollars of the appropriation for
Washington State University;
(c) One million dollars of the appropriation divided among Eastern
Washington University, Central Washington University, Western Washington University, and The Evergreen State College.
(2) Distribution of funds allocated in subsection (1)(c) of this section
shall be made in the following manner: Eastern Washington University,
Central Washington University, Western Washington University, and The
Evergreen State College are guaranteed one professorship.
(3) As of January 1, 1989, if any funds reserved in subsection (1)(a)
or (b) of this section have not been designated as matching funds for
qualifying gifts, any four-year institution of higher education, which has
already fully utilized the professorships allocated to it by this section, and,
in the case of the regional universities and The Evergreen State College, has
exhausted the allocation in subsection (1)(c) of this section, may be eligible
for such funds under rules promulgated by the higher education coordinating
board." [1988 c 125 § 4; 1987 c 8 § 12.]
[Title 28B RCW—page 39]
28B.10.867
Title 28B RCW: Higher Education
28B.10.867 Distinguished professorship trust fund
program—Establishment—Administration. The Washington distinguished professorship trust fund program is established.
The program shall be administered by the higher
education coordinating board.
The trust fund shall be administered by the state
treasurer. [1987 c 8 § 2.]
28B.10.868 Distinguished professorship trust fund
program—Trust fund established. Funds appropriated by
the legislature for the distinguished professorship program
shall be deposited in the distinguished professorship trust
fund. At the request of the higher education coordinating
board under RCW 28B.10.870, the treasurer shall release the
state matching funds to the designated institution’s local
endowment fund. No appropriation is required for expenditures from the fund. [1991 sp.s. c 13 § 99; 1987 c 8 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.10.869 Distinguished professorship trust fund
program—Guidelines—Allocation system. In consultation
with the eligible institutions of higher education, the higher
education coordinating board shall set guidelines for the
program. These guidelines may include an allocation system
based on factors which include but are not limited to: The
amount of money available in the trust fund; characteristics
of the institutions including the size of the faculty and
student body; and the number of professorships previously
received.
Any allocation system shall be superseded by conditions
in any act of the legislature appropriating funds for this
program. [1987 c 8 § 4.]
28B.10.870 Distinguished professorship trust fund
program—Matching funds—Donations or appropriations—Disbursement of funds. All state four-year institutions of higher education shall be eligible for matching trust
funds. An institution may apply to the higher education
coordinating board for two hundred fifty thousand dollars
from the fund when the institution can match the state funds
with an equal amount of pledged or contributed private
donations or with funds received through legislative appropriation specifically for the G. Robert Ross distinguished
faculty award and designated as being qualified to be
matched from trust fund moneys. These donations shall be
made specifically to the professorship program, and shall be
donated after July 1, 1985.
Upon an application by an institution, the board may
designate two hundred fifty thousand dollars from the trust
fund for that institution’s pledged professorship. If the
pledged two hundred fifty thousand dollars is not received
within three years, the board shall make the designated funds
available for another pledged professorship.
Once the private donation is received by the institution,
the higher education coordinating board shall ask the state
treasurer to release the state matching funds to a local
endowment fund established by the institution for the professorship. [1988 c 125 § 3; 1987 c 8 § 5.]
Severability—1988 c 125: See RCW 28B.106.902.
[Title 28B RCW—page 40]
28B.10.871 Distinguished professorship trust fund
program—Name of professorship—Duties of institution—
Use of endowment proceeds. The professorship is the
property of the institution and may be named in honor of a
donor, benefactor, or honoree of the institution, at the option
of the institution. Once state matching funds are released to
a local endowment fund, an institution may combine two
professorships to support one professorship holder.
The institution is responsible for soliciting private
donations, investing and maintaining all endowment funds,
administering the professorship, and reporting on the
program to the governor and the legislature upon request.
The institution may augment the endowment fund with
additional private donations. The principal of the invested
endowment fund shall not be invaded.
The proceeds from the endowment fund may be used to
supplement the salary of the holder of the professorship, to
pay salaries for his or her assistants, and to pay expenses
associated with the holder’s scholarly work. [1989 c 187 §
2; 1987 c 8 § 6.]
28B.10.872 Distinguished professorship trust fund
program—Moneys not subject to collective bargaining.
Any private or public money, including all investment
income, deposited in the Washington distinguished professorship trust fund or any local endowment for professorship
programs shall not be subject to collective bargaining. [1987
c 8 § 7.]
28B.10.873 Distinguished professorship trust fund
program—Continuation of program established under
prior law. A distinguished professorship program established under chapter 343, Laws of 1985 shall continue to
operate under RCW 28B.10.866 through 28B.10.872 and the
requirements of RCW 28B.10.866 through 28B.10.872 shall
apply. [1987 c 8 § 8.]
28B.10.874 Distinguished professorship trust fund
program—Transfer of administration—
Recommendations to governor and legislature. (1) After
consulting with the higher education coordinating board and
the state four-year institutions of higher education, the
governor may transfer the administration of this program to
another agency which has an appropriate educationally
related mission.
(2) By December 1, 1989, the higher education coordinating board and any agency administering this program, if
applicable, shall make recommendations to the governor and
the legislature on any needed changes in the program. [1987
c 8 § 9.]
28B.10.878 G. Robert Ross distinguished faculty
award. The G. Robert Ross distinguished faculty award is
hereby established. The board of trustees at Western
Washington University shall establish the guidelines for the
selection of the recipients of the G. Robert Ross distinguished faculty award. The board shall establish a local
endowment fund for the deposit of all state funds appropriated for this purpose and any private donations. The
board shall administer the endowment fund and the award.
The principal of the invested endowment fund shall not be
(2002 Ed.)
Colleges and Universities Generally
invaded and the proceeds from the endowment fund may be
used to supplement the salary of the holder of the award, to
pay salaries of his or her assistants, and to pay expenses
associated with the holder’s scholarly work. [1988 c 125 §
2.]
Finding—1988 c 125 § 2: "The legislature finds that G. Robert Ross,
immediate past president of Western Washington University, was an
exemplary university president who helped lead his school to a position of
increasing excellence and national prominence. Dr. Ross was a convincing
spokesperson for excellence in all areas of education and was a leader who
strongly encouraged the faculty and staff at Western Washington University
to be actively involved in the pursuit of scholarly activities.
The legislature wishes to honor the public spirit, dedication, integrity,
perseverance, inspiration, and accomplishments of Western Washington
University faculty through the creation of the G. Robert Ross Distinguished
Faculty Award." [1988 c 125 § 1.]
Severability—1988 c 125: See RCW 28B.106.902.
28B.10.880 Graduate fellowship trust fund program—Intent. The legislature recognizes that quality in the
state’s public four-year institutions of higher education
would be strengthened by additional partnerships between
citizens and the institutions. The legislature intends to foster
these partnerships by creating a matching grant program to
assist public four-year institutions of higher education in
creating endowments for funding fellowships for distinguished graduate students. [1987 c 147 § 1.]
28B.10.881 Graduate fellowship trust fund program—Establishment—Administration. The Washington
graduate fellowship trust fund program is established. The
program shall be administered by the higher education
coordinating board. The trust fund shall be administered by
the state treasurer. [1987 c 147 § 2.]
28B.10.882 Graduate fellowship trust fund—
Matching funds. Funds appropriated by the legislature for
the graduate fellowship program shall be deposited in the
graduate fellowship trust fund. At the request of the higher
education coordinating board under RCW 28B.10.884, the
treasurer shall release the state matching funds to the
designated institution’s local endowment fund. No appropriation is required for expenditures from the fund. [1991 sp.s.
c 13 § 88; 1987 c 147 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.10.883 Graduate fellowship trust fund program—Guidelines—Allocation system. In consultation
with eligible institutions of higher education, the higher
education coordinating board shall set guidelines for the
program. These guidelines may include an allocation system
based on factors which include but are not limited to: The
amount of money available in the trust fund; characteristics
of the institutions including the size of the faculty and
student body; and the number of fellowships previously
received.
Any allocation system shall be superseded by conditions
in any legislative act appropriating funds for the program.
[1987 c 147 § 4.]
(2002 Ed.)
28B.10.878
28B.10.884 Graduate fellowship trust fund program—Matching funds—Donations—Disbursement of
funds. (1) All state four-year institutions of higher education shall be eligible for matching trust funds. Institutions
may apply to the higher education coordinating board for
twenty-five thousand dollars from the fund when they can
match the state funds with equal pledged or contributed private donations. These donations shall be made specifically
to the graduate fellowship program, and shall be donated
after July 1, 1987.
(2) Upon an application by an institution, the board may
designate twenty-five thousand dollars from the trust fund
for that institution’s pledged graduate fellowship fund. If the
pledged twenty-five thousand dollars is not received within
two years, the board shall make the designated funds
available for another pledged graduate fellowship fund.
(3) Once the private donation is received by the institution, the higher education coordinating board shall ask the
state treasurer to release the state matching funds to a local
endowment fund established by the institution for the
graduate fellowships. [1987 c 147 § 5.]
28B.10.885 Graduate fellowship trust fund program—Name of fellowship—Duties of institution—Use of
endowment proceeds. (1) The fellowship is the property of
the institution and may be named in honor of a donor,
benefactor, or honoree of the institution, at the option of the
institution.
(2) The institution is responsible for soliciting private
donations, investing and maintaining all endowment funds,
administering the fellowship, and reporting on the program
to the governor and the legislature upon request. The
institution may augment the endowment fund with additional
private donations. The principal of the invested endowment
fund shall not be invaded.
(3) The proceeds from the endowment fund may be
used to provide fellowship stipends to be used by the
recipient for such things as tuition and fees, subsistence,
research expenses, and other educationally related costs.
[1987 c 147 § 6.]
28B.10.886 Graduate fellowship trust fund program—Moneys not subject to collective bargaining. Any
private or public money, including all investment income,
deposited in the Washington graduate fellowship trust fund
or any local endowment for fellowship programs shall not be
subject to collective bargaining. [1987 c 147 § 7.]
28B.10.887 Graduate fellowship trust fund program—Transfer of administration. After consulting with
the higher education coordinating board and the state fouryear institutions of higher education, the governor may
transfer the administration of this program to another agency
which has an appropriate educationally related mission.
[1998 c 245 § 14; 1987 c 147 § 8.]
28B.10.890 Collegiate license plate fund—
Scholarships. A collegiate license plate fund is established
in the custody of the state treasurer for each college or
university with a collegiate license plate program approved
by the department [of licensing] under RCW 46.16.324. All
[Title 28B RCW—page 41]
28B.10.890
Title 28B RCW: Higher Education
receipts from collegiate license plates authorized under
*RCW 46.16.301 shall be deposited in the appropriate local
college or university nonappropriated, nonallotted fund.
Expenditures from the funds may be used only for student
scholarships. Only the president of the college or university
or the president’s designee may authorize expenditures from
the fund. [1994 c 194 § 7.]
*Reviser’s note: RCW 46.16.301 was amended by 1997 c 291 § 5,
deleting authorization for collegiate license plates. For collegiate license
plates, see RCW 46.16.313.
28B.10.900 "Hazing" defined. As used in RCW
28B.10.901 and 28B.10.902, "hazing" includes any method
of initiation into a student organization or living group, or
any pastime or amusement engaged in with respect to such
an organization or living group that causes, or is likely to
cause, bodily danger or physical harm, or serious mental or
emotional harm, to any student or other person attending a
public or private institution of higher education or other
postsecondary educational institution in this state. "Hazing"
does not include customary athletic events or other similar
contests or competitions. [1993 c 514 § 1.]
28B.10.901 Hazing prohibited—Penalty. (1) No
student, or other person in attendance at any public or
private institution of higher education, or any other
postsecondary educational institution, may conspire to
engage in hazing or participate in hazing of another.
(2) A violation of this section is a misdemeanor,
punishable as provided under RCW 9A.20.021.
(3) Any organization, association, or student living
group that knowingly permits hazing is strictly liable for
harm caused to persons or property resulting from hazing.
If the organization, association, or student living group is a
corporation whether for profit or nonprofit, the individual
directors of the corporation may be held individually liable
for damages. [1993 c 514 § 2.]
28B.10.902 Participating in or permitting hazing—
Loss of state-funded grants or awards—Loss of official
recognition or control—Rules. (1) A person who participates in the hazing of another shall forfeit any entitlement to
state-funded grants, scholarships, or awards for a period of
time determined by the institution of higher education.
(2) Any organization, association, or student living
group that knowingly permits hazing to be conducted by its
members or by others subject to its direction or control shall
be deprived of any official recognition or approval granted
by a public institution of higher education.
(3) The public institutions of higher education shall
adopt rules to implement this section. [1993 c 514 § 3.]
28B.10.903 Conduct associated with initiation into
group or pastime or amusement with group—Sanctions
adopted by rule. Institutions of higher education shall
adopt rules providing sanctions for conduct associated with
initiation into a student organization or living group, or any
pastime or amusement engaged in with respect to an organization or living group not amounting to a violation of RCW
28B.10.900. Conduct covered by this section may include
[Title 28B RCW—page 42]
embarrassment, ridicule, sleep deprivation, verbal abuse, or
personal humiliation. [1993 c 514 § 4.]
28B.10.910 Students with disabilities—Core services. Each student with one or more disabilities is entitled to
receive a core service only if the service is reasonably
needed to accommodate the student’s disabilities. The
requesting student shall make a reasonable request for core
services in a timely manner and the institution of higher
education or agency providing the service shall respond
reasonably and in a timely manner. [1994 c 105 § 2.]
Intent—1994 c 105: "It is a fundamental aspiration of the people of
Washington that individuals be afforded the opportunity to compete
academically. Accordingly, it is an appropriate act of state government, in
furtherance of this aspiration, to make available appropriate support services
to those individuals who are able to attend college by virtue of their
potential and desire, but whose educational progress and success is
hampered by a lack of accommodation.
Furthermore, under existing federal and state laws, institutions of
higher education are obligated to provide services to students with
disabilities. The legislature does not intend to confer any new or expanded
rights, however, the intent of this act is to provide a clearer, more succinct
statement of those rights than is presently available and put Washington on
record as supporting those rights.
It is the intent of the legislature that these services be provided within
the bounds of the law. Therefore, the institution of higher education’s
obligations to provide reasonable accommodations are limited by the
defenses provided in federal and state statutes, such as undue financial
burden and undue hardship." [1994 c 105 § 1.]
28B.10.912 Students with disabilities—Core services
described—Notice of nondiscrimination. Each institution
of higher education shall ensure that students with disabilities are reasonably accommodated within that institution.
The institution of higher education shall provide students
with disabilities with the appropriate core service or services
necessary to ensure equal access.
Core services shall include, but not be limited to:
(1) Flexible procedures in the admissions process that
use a holistic review of the student’s potential, including
appropriate consideration in statewide and institutional
alternative admissions programs;
(2) Early registration or priority registration;
(3) Sign language, oral and tactile interpreter services,
or other technological alternatives;
(4) Textbooks and other educational materials in
alternative media, including, but not limited to, large print,
braille, electronic format, and audio tape;
(5) Provision of readers, notetakers, scribes, and
proofreaders including recruitment, training, and coordination;
(6) Ongoing review and coordination of efforts to
improve campus accessibility, including but not limited to,
all aspects of barrier-free design, signage, high-contrast
identification of hazards of mobility barriers, maintenance of
access during construction, snow and ice clearance, and
adequate disability parking for all facilities;
(7) Facilitation of physical access including, but not
limited to, relocating of classes, activities, and services to
accessible facilities and orientation if route of travel needs
change, such as at the beginning of a quarter or semester;
(8) Access to adaptive equipment including, but not
limited to, TDDs, FM communicators, closed caption
devices, amplified telephone receivers, closed circuit televi(2002 Ed.)
Colleges and Universities Generally
sions, low-vision reading aids, player/recorders for 15/16 4track tapes, photocopy machines able to use eleven-byseventeen inch paper, brailling devices, and computer
enhancements;
(9) Referral to appropriate on-campus and off-campus
resources, services, and agencies;
(10) Release of syllabi, study guides, and other appropriate instructor-produced materials in advance of general
distribution, and access beyond the regular classroom session
to slides, films, overheads and other media and taping of
lectures;
(11) Accessibility for students with disabilities to tutoring, mentoring, peer counseling, and academic advising that
are available on campus;
(12) Flexibility in test taking arrangements;
(13) Referral to the appropriate entity for diagnostic
assessment and documentation of the disability;
(14) Flexibility in timelines for completion of courses,
certification, and degree requirements;
(15) Flexibility in credits required to be taken to satisfy
institutional eligibility for financial aid; and
(16) Notification of the institution of higher education’s
policy of nondiscrimination on the basis of disability and of
steps the student may take if he or she believes discrimination has taken place. This notice shall be included in all
formal correspondence that communicates decisions or
policies adversely affecting the student’s status or rights with
the institution of higher education. This notice shall include
the phone numbers of the United States department of
education, the United States office of civil rights, and the
Washington state human rights commission. [1994 c 105 §
3.]
Intent—1994 c 105: See note following RCW 28B.10.910.
28B.10.914
Students with disabilities—
Accommodation. Reasonable accommodation for students
with disabilities shall be provided as appropriate for all
aspects of college and university life, including but not
limited to: Recruitment, the application process, enrollment,
registration, financial aid, course work, research, academic
counseling, housing programs owned or operated by the
institution of higher education, and nonacademic programs
and services. [1994 c 105 § 4.]
28B.10.912
ary education which shall be known as the state work-study
program. [1994 c 130 § 1; 1974 ex.s. c 177 § 1.]
Severability—1974 ex.s. c 177: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1974 ex.s. c 177 § 10.]
28B.12.020 Purpose. The purpose of the program
created in RCW 28B.12.010 is to provide financial assistance
to needy students, including needy students from middleincome families, attending eligible post-secondary institutions
in the state of Washington by stimulating and promoting
their employment, thereby enabling them to pursue courses
of study at such institutions. An additional purpose of this
program shall be to provide such needy students, wherever
possible, with employment related to their academic or vocational pursuits. [1994 c 130 § 2; 1974 ex.s. c 177 § 2.]
Severability—1974 ex.s. c 177: See note following RCW
28B.12.010.
28B.12.030 Definitions. As used in this chapter, the
following words and terms shall have the following meanings, unless the context shall clearly indicate another or
different meaning or intent:
(1) The term "needy student" shall mean a student
enrolled or accepted for enrollment at a post-secondary
institution who, according to a system of need analysis
approved by the higher education coordinating board,
demonstrates a financial inability, either parental, familial, or
personal, to bear the total cost of education for any semester
or quarter.
(2) The term "eligible institution" shall mean any postsecondary institution in this state accredited by the Northwest Association of Schools and Colleges, or a branch of a
member institution of an accrediting association recognized
by rule of the board for purposes of this section, that is
eligible for federal student financial aid assistance and has
operated as a nonprofit college or university delivering onsite classroom instruction for a minimum of twenty consecutive years within the state of Washington, or any public
technical college in the state. [2002 c 187 § 2; 1994 c 130
§ 3; 1974 ex.s. c 177 § 3.]
Severability—1974 ex.s. c 177: See note following RCW
28B.12.010.
Intent—1994 c 105: See note following RCW 28B.10.910.
Chapter 28B.12
STATE WORK-STUDY PROGRAM
(Formerly: College work-study program)
Sections
28B.12.010
28B.12.020
28B.12.030
28B.12.040
Created.
Purpose.
Definitions.
Board to develop and administer program—Agreements
authorized, limitation—Work study advisory committee.
28B.12.050 Disbursal of state work-study funds—Criteria.
28B.12.060 Rules—Mandatory provisions.
28B.12.070 Annual report of institutions to higher education coordinating board.
28B.12.010 Created. There is hereby created a
program of financial aid to students pursuing a post-second(2002 Ed.)
28B.12.040 Board to develop and administer
program—Agreements authorized, limitation—Work
study advisory committee. With the assistance of an
advisory committee, the higher education coordinating board
shall develop and administer the state work-study program.
The board shall be authorized to enter into agreements with
employers and eligible institutions for the operation of the
program. These agreements shall include such provisions as
the higher education coordinating board may deem necessary
or appropriate to carry out the purposes of this chapter.
The members of the work-study advisory committee
may include, but need not be limited to representatives of
public and private community colleges, technical colleges,
and four-year institutions of higher education; vocational
schools; students; community service organizations; public
schools; business; and labor. When selecting members of
the advisory committee, the board shall consult with institu[Title 28B RCW—page 43]
28B.12.040
Title 28B RCW: Higher Education
tions of higher education, the state board for community and
technical colleges, the work force training and education
coordinating board, and appropriate associations and organizations. With the exception of off-campus community service placements, the share from moneys disbursed under the
state work-study program of the compensation of students
employed under such program in accordance with such
agreements shall not exceed eighty percent of the total such
compensation paid such students.
By rule, the board shall define community service
placements and may determine any salary matching requirements for any community service employers. [1994 c 130
§ 4; 1993 c 385 § 3; 1985 c 370 § 58; 1974 ex.s. c 177 § 4.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1974 ex.s. c 177: See note following RCW
28B.12.010.
Purpose—1974 ex.s. c 177: See RCW 28B.12.020.
28B.12.050 Disbursal of state work-study funds—
Criteria. The higher education coordinating board shall
disburse state work-study funds. In performing its duties
under this section, the board shall consult eligible institutions
and post-secondary education advisory and governing bodies.
The board shall establish criteria designed to achieve such
distribution of assistance under this chapter among students
attending eligible institutions as will most effectively carry
out the purposes of this chapter. [1994 c 130 § 5; 1987 c
330 § 201; 1985 c 370 § 59; 1974 ex.s. c 177 § 5.]
Construction—Application of rules—1987 c 330: "This act shall
not be construed as affecting any existing right acquired or liability or
obligation incurred under the sections amended or repealed in this act or
under any rule, regulation, or order adopted under those sections, nor as
affecting any proceeding instituted under those sections. The rules of the
agencies abolished by this act shall continue in force until acted upon by the
succeeding agency and shall be enforced by the succeeding agency. If there
is no succeeding agency, the rules shall terminate." [1987 c 330 § 1401.]
Severability—1987 c 330: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 330 § 1402.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1974 ex.s. c 177: See note following RCW
28B.12.010.
28B.12.060 Rules—Mandatory provisions. (Effective until March 15, 2005.) The higher education coordinating board shall adopt rules as may be necessary or appropriate for effecting the provisions of this chapter, and not in
conflict with this chapter, in accordance with the provisions
of chapter 34.05 RCW, the state higher education administrative procedure act. Such rules shall include provisions
designed to make employment under the work-study program
reasonably available, to the extent of available funds, to all
eligible students in eligible post-secondary institutions in
need thereof. The rules shall include:
(1) Providing work under the state work-study program
that will not result in the displacement of employed workers
or impair existing contracts for services;
(2) Furnishing work only to a student who:
[Title 28B RCW—page 44]
(a) Is capable, in the opinion of the eligible institution,
of maintaining good standing in such course of study while
employed under the program covered by the agreement; and
(b) Has been accepted for enrollment as at least a halftime student at the eligible institution or, in the case of a
student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance
there either as an undergraduate, graduate or professional
student; and
(c) Is not pursuing a degree in theology;
(3) Placing priority on providing:
(a) Work opportunities for students who are residents of
the state of Washington as defined in RCW 28B.15.012 and
28B.15.013 except resident students defined in *RCW
28B.15.012(2)(e);
(b) Job placements in fields related to each student’s
academic or vocational pursuits, with an emphasis on offcampus job placements whenever appropriate; and
(c) Off-campus community service placements;
(4) Provisions to assure that in the state institutions of
higher education, utilization of this work-study program:
(a) Shall only supplement and not supplant classified
positions under jurisdiction of chapter 41.06 RCW;
(b) That all positions established which are comparable
shall be identified to a job classification under the Washington personnel resources board’s classification plan and shall
receive equal compensation;
(c) Shall not take place in any manner that would
replace classified positions reduced due to lack of funds or
work; and
(d) That work study positions shall only be established
at entry level positions of the classified service unless the
overall scope and responsibilities of the position indicate a
higher level; and
(5) Provisions to encourage job placements in occupations that meet Washington’s economic development goals,
especially those in international trade and international
relations. The board shall permit appropriate job placements
in other states and other countries. [1994 c 130 § 6. Prior:
1993 sp.s. c 18 § 3; 1993 c 281 § 14; 1987 c 330 § 202;
1985 c 370 § 60; 1974 ex.s. c 177 § 6.]
*Reviser’s note: RCW 28B.15.012 was amended by 2000 c 117 §
1, changing subsection (2)(e) to subsection (2)(f).
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1974 ex.s. c 177: See note following RCW
28B.12.010.
28B.12.060 Rules—Mandatory provisions. (Effective March 15, 2005.) The higher education coordinating
board shall adopt rules as may be necessary or appropriate
for effecting the provisions of this chapter, and not in
conflict with this chapter, in accordance with the provisions
of chapter 34.05 RCW, the state higher education administrative procedure act. Such rules shall include provisions
designed to make employment under the work-study program
reasonably available, to the extent of available funds, to all
(2002 Ed.)
State Work-Study Program
eligible students in eligible post-secondary institutions in
need thereof. The rules shall include:
(1) Providing work under the state work-study program
that will not result in the displacement of employed workers
or impair existing contracts for services;
(2) Furnishing work only to a student who:
(a) Is capable, in the opinion of the eligible institution,
of maintaining good standing in such course of study while
employed under the program covered by the agreement; and
(b) Has been accepted for enrollment as at least a halftime student at the eligible institution or, in the case of a
student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance
there either as an undergraduate, graduate or professional
student; and
(c) Is not pursuing a degree in theology;
(3) Placing priority on providing:
(a) Work opportunities for students who are residents of
the state of Washington as defined in RCW 28B.15.012 and
28B.15.013 except resident students defined in RCW
28B.15.012(2)(f);
(b) Job placements in fields related to each student’s
academic or vocational pursuits, with an emphasis on offcampus job placements whenever appropriate; and
(c) Off-campus community service placements;
(4) Provisions to assure that in the state institutions of
higher education, utilization of this work-study program:
(a) Shall only supplement and not supplant classified
positions under jurisdiction of chapter 41.06 RCW;
(b) That all positions established which are comparable
shall be identified to a job classification under the director
of personnel’s classification plan and shall receive equal
compensation;
(c) Shall not take place in any manner that would
replace classified positions reduced due to lack of funds or
work; and
(d) That work study positions shall only be established
at entry level positions of the classified service unless the
overall scope and responsibilities of the position indicate a
higher level; and
(5) Provisions to encourage job placements in occupations that meet Washington’s economic development goals,
especially those in international trade and international
relations. The board shall permit appropriate job placements
in other states and other countries. [2002 c 354 § 224; 1994
c 130 § 6. Prior: 1993 sp.s. c 18 § 3; 1993 c 281 § 14;
1987 c 330 § 202; 1985 c 370 § 60; 1974 ex.s. c 177 § 6.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1974 ex.s. c 177: See note following RCW
28B.12.010.
28B.12.070 Annual report of institutions to higher
education coordinating board. Each eligible institution
shall submit to the higher education coordinating board an
(2002 Ed.)
28B.12.060
annual report in accordance with such requirements as are
adopted by the board. [1994 c 130 § 7; 1985 c 370 § 61;
1974 ex.s. c 177 § 7.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1974 ex.s. c 177: See note following RCW
28B.12.010.
Chapter 28B.13
1974 BOND ISSUE FOR
CAPITAL IMPROVEMENTS
Sections
28B.13.010
28B.13.020
28B.13.030
28B.13.040
28B.13.050
28B.13.060
28B.13.900
State finance
Bonds authorized—Amount—Purpose—Form, conditions of
sale, etc.
Disposition of proceeds from sale of bonds.
Bond anticipation notes—Authorized—Payment of principal
and interest on—Disposition of proceeds from sale of
bonds and notes.
Bond redemption fund—Created—Use—Rights of bond
owner and holder.
Chapter not exclusive method for payment of interest and
principal on bonds.
Bonds as legal investment for public funds.
Severability—1974 ex.s. c 181.
committee: Chapter 43.33 RCW.
28B.13.010 Bonds authorized—Amount—Purpose—
Form, conditions of sale, etc. For the purpose of providing
needed capital improvements consisting of the acquisition,
construction, remodeling, furnishing and equipping of state
buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of seven million eight hundred one thousand eighty
dollars or so much thereof as shall be required to finance the
capital project relating to institutions of higher education as
set forth in the capital appropriations act, chapter 197 (SSB
3253), Laws of 1974 ex. sess., to be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the Constitution of the state of
Washington.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any
portion or portions of such bonds, and the conditions of sale
and issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1974 ex.s. c 181 § 1.]
28B.13.020 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized
by this chapter, together with all grants, donations, transferred funds and all other moneys which the state finance
committee may direct the state treasurer to deposit therein
shall be deposited in the state higher education construction
account in the state general fund. [1974 ex.s. c 181 § 2.]
[Title 28B RCW—page 45]
28B.13.030
Title 28B RCW: Higher Education
28B.13.030 Bond anticipation notes—Authorized—
Payment of principal and interest on—Disposition of
proceeds from sale of bonds and notes. At the time the
state finance committee determines to issue such bonds or a
portion thereof, it may, pending the issuing of such bonds,
issue, in the name of the state, temporary notes in anticipation of the money to be derived from the sale of the bonds,
which notes shall be designated as "bond anticipation notes".
Such portion of the proceeds of the sale of such bonds that
may be required for such purpose shall be applied to the
payment of the principal of and interest on such anticipation
notes which have been issued. The proceeds from the sale
of bonds or notes authorized by this chapter shall be deposited in the state higher education construction account of the
general fund in the state treasury and shall be used exclusively for the purposes specified in this chapter and for the
payment of expenses incurred in the issuance and sale of the
bonds. [1974 ex.s. c 181 § 3.]
28B.13.040 Bond redemption fund—Created—
Use—Rights of bond owner and holder. The state higher
education bond redemption fund of 1974 is hereby created
in the state treasury, which fund shall be exclusively devoted
to the payment of interest on and retirement of the bonds
authorized by this chapter. The state finance committee
shall, on or before June 30th of each year, certify to the state
treasurer the amount needed in the ensuing twelve months to
meet bond retirement and interest requirements, and on July
1st of each year the state treasurer shall deposit such amount
in the state higher education bond redemption fund of 1974
from any general state revenues received in the state treasury
and certified by the state treasurer to be general state
revenues.
The owner and holder of each of the bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer and
payment of funds as directed therein. [1974 ex.s. c 181 § 4.]
28B.13.050 Chapter not exclusive method for
payment of interest and principal on bonds. The legislature may provide additional means for raising moneys for the
payment of the interest and principal of the bonds authorized
herein and this chapter shall not be deemed to provide an
exclusive method for such payment. [1974 ex.s. c 181 § 5.]
28B.13.060 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall be a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1974 ex.s. c 181
§ 6.]
28B.13.900 Severability—1974 ex.s. c 181. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 181 § 7.]
[Title 28B RCW—page 46]
Chapter 28B.14
1975 BOND ISSUE FOR
CAPITAL IMPROVEMENTS
Sections
28B.14.010
28B.14.020
28B.14.030
28B.14.040
28B.14.050
28B.14.060
Bonds authorized—Amount—Consideration for minority
contractors on projects so funded.
Bond anticipation notes—Authorized—Payment.
Form, terms, conditions, sale and covenants of bonds and
notes.
Disposition of proceeds from sale of bonds and notes—Use.
1975 state higher education bond retirement fund—
Created—Purpose.
Bonds as legal investment for public funds.
28B.14.010 Bonds authorized—Amount—
Consideration for minority contractors on projects so
funded. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for the institutions of higher education, the state
finance committee is hereby authorized to issue from time to
time general obligation bonds of the state of Washington in
the aggregate principal amount of fourteen million eight
hundred eighty thousand dollars, or so much thereof as shall
be required to finance the capital projects relating to institutions of higher education as determined by the legislature in
its capital appropriations acts from time to time, for such
purposes, to be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1,
of the Constitution of the state of Washington. It is the
intent of the legislature that in any decision to contract for
capital projects funded as the result of this chapter, full and
fair consideration shall be given to minority contractors.
[1975-’76 2nd ex.s. c 126 § 1; 1975 1st ex.s. c 237 § 1.]
Severability—1975 1st ex.s. c 237: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances, shall in no way be affected." [1975 1st ex.s. c 237 § 8.]
28B.14.020 Bond anticipation notes—Authorized—
Payment. When the state finance committee has determined
to issue such general obligation bonds or a portion thereof as
authorized in RCW 28B.14.010, it may, pending the issuance
thereof, issue in the name of the state temporary notes in
anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion of
the proceeds of the sale of such bonds as may be required
for the payment of principal and redemption premium, if
any, of and interest on such notes shall be applied thereto
when such bonds are issued. [1975 1st ex.s. c 237 § 2.]
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.030 Form, terms, conditions, sale and
covenants of bonds and notes. The state finance committee
is authorized to prescribe the form, terms, conditions and
covenants of the bonds and/or the bond anticipation notes
provided for in RCW 28B.14.010 and 28B.14.020, the time
or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
(2002 Ed.)
1975 Bond Issue for Capital Improvements
28B.14.030
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1975 1st ex.s. c 237 § 3.]
28B.14B.060
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14B.010 Bonds authorized—Amount—
Conditions. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for the institutions of higher education, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of nine million
five hundred thousand dollars, or so much thereof as may be
required to finance such projects, and all costs incidental
thereto. No bonds authorized by this chapter shall be
offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
of the date of issuance in accordance with Article VIII,
section 1 of the state Constitution. [1977 ex.s. c 345 § 1.]
28B.14.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the
proceeds required to pay bond anticipation notes pursuant to
RCW 28B.14.020, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee may direct
the state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of such bonds and bond anticipation notes.
[1975 1st ex.s. c 237 § 4.]
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.050 1975 state higher education bond
retirement fund—Created—Purpose. The 1975 state
higher education bond retirement fund is hereby created in
the state treasury for the purpose of the payment of principal
of and interest on the bonds authorized to be issued pursuant
to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
such bonds. On July 1st of each such year the state treasurer shall withdraw from any general state revenues received
in the state treasury and deposit in the 1975 state higher
education bond retirement fund an amount equal to the
amount certified by the state finance committee. [1975 1st
ex.s. c 237 § 5.]
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.060 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 237 § 6.]
Severability—1975 1st ex.s. c 237: See note following RCW
28B.14.010.
Chapter 28B.14B
1977 BOND ISSUE FOR
CAPITAL IMPROVEMENTS
Sections
28B.14B.010
28B.14B.020
28B.14B.030
28B.14B.040
28B.14B.050
(2002 Ed.)
Bonds authorized—Amount—Conditions.
Bond anticipation notes—Authorized—Payment.
Form, terms, conditions, sale and covenants of bonds
and notes.
Disposition of proceeds from sale of bonds and notes—
Use.
State higher education bond retirement fund of 1977—
Created—Purpose.
Bonds as legal investment for public funds.
Severability—1977 ex.s. c 345: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 345 § 8.]
28B.14B.020
Bond anticipation notes—
Authorized—Payment. When the state finance committee
has determined to issue such general obligation bonds or a
portion thereof as authorized in RCW 28B.14B.010, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of such
bonds, which notes shall be designated as "bond anticipation
notes". Such portion of the proceeds of the sale of such
bonds as may be required for the payment of principal of
and redemption premium, if any, and interest on such notes
shall be applied thereto when such bonds are issued. [1977
ex.s. c 345 § 2.]
Severability—1977 ex.s. c 345: See note following RCW
28B.14B.010.
28B.14B.030 Form, terms, conditions, sale and
covenants of bonds and notes. The state finance committee
is authorized to prescribe the form, terms, conditions and
covenants of the bonds and/or the bond anticipation notes
provided for in RCW 28B.14B.010 and 28B.14B.020, the
time or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 345 § 3.]
Severability—1977 ex.s. c 345: See note following RCW
28B.14B.010.
28B.14B.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the
proceeds required to pay bond anticipation notes pursuant to
RCW 28B.14B.020, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee may direct
the state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
[Title 28B RCW—page 47]
28B.14B.040
Title 28B RCW: Higher Education
sale and issuance of such bonds and bond anticipation notes.
[1977 ex.s. c 345 § 4.]
Severability—1977 ex.s. c 345: See note following RCW
28B.14B.010.
28B.14B.050 State higher education bond retirement fund of 1977—Created—Purpose. The state higher
education bond retirement fund of 1977 is hereby created in
the state treasury for the purpose of the payment of principal
of and interest on the bonds authorized to be issued pursuant
to this chapter or, if the legislature so determines, for any
bonds and notes hereafter authorized and issued for the
institutions of higher education.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
such bonds. Not less than thirty days prior to the date on
which any such interest or principal and interest payment is
due, the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
state higher education bond retirement fund of 1977 an
amount equal to the amount certified by the state finance
committee to be due on such payment date. [1977 ex.s. c
345 § 5.]
Severability—1977 ex.s. c 345: See note following RCW
28B.14B.010.
28B.14B.060 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14B.010 through
28B.14B.060 shall constitute a legal investment for all state
funds or for funds under state control and all funds of
municipal corporations. [1977 ex.s. c 345 § 6.]
Severability—1977 ex.s. c 345: See note following RCW
28B.14B.010.
Chapter 28B.14C
1977 BOND ACT FOR THE REFUNDING OF
OUTSTANDING LIMITED OBLIGATION
REVENUE BONDS
Sections
28B.14C.010
28B.14C.020
28B.14C.030
28B.14C.040
28B.14C.050
28B.14C.060
28B.14C.070
28B.14C.080
28B.14C.090
28B.14C.100
28B.14C.110
28B.14C.120
28B.14C.130
Purpose—Bonds authorized—Amount.
Refunding as benefit to state.
Constitutional and statutory authority applicable—
Specific state finance committee powers.
Limitation as to amount of bonds to be issued—Pledge
of state’s credit.
Disposition of proceeds of refunding issues.
Institutions of higher education refunding bond retirement fund of 1977—Created—Use.
Chapter not exclusive method for payment of interest
and principal on bonds.
Chapter as affecting University of Washington building
revenue bond redemption.
Chapter as affecting Washington State University building revenue bond redemption.
Chapter as affecting Western Washington State College
building and normal school fund revenue bonds.
Chapter as affecting Eastern Washington State College
building and normal school fund revenue bonds.
Chapter as affecting Central Washington State College
building and normal school fund revenue bonds.
Chapter as affecting Evergreen State College building
revenue bonds.
[Title 28B RCW—page 48]
28B.14C.140
28B.14C.900
Use limited when reserves transferred to state general
fund.
Severability—1977 ex.s. c 354.
28B.14C.010 Purpose—Bonds authorized—Amount.
The state finance committee is hereby authorized to issue
from time to time on behalf of the state, general obligation
bonds of the state in the amount of forty-eight million six
hundred thousand dollars, or so much thereof as may be
required to refund at or prior to maturity, all or some or any
part of the various issues of outstanding limited obligation
revenue bonds identified below, issued by various of the
institutions of higher education, similarly identified:
(1) University of Washington building revenue bonds,
all series, aggregating $28,850,000 in original principal
amount;
(2) Washington State University building revenue bonds
and building and scientific fund revenue bonds, all series,
aggregating $19,450,000 in original principal amount;
(3) Western Washington State College building and
normal school fund revenue bonds, all series, aggregating
$11,620,000 in original principal amount;
(4) Eastern Washington State College building and
normal school fund revenue bonds, all series, aggregating
$9,501,000 in original principal amount;
(5) Central Washington State College building and
normal school fund revenue bonds, all series, including
refunding series, aggregating $8,925,000 in original principal
amount; and
(6) The Evergreen State College building revenue bonds,
all series, aggregating $2,191,125 in original principal
amount. [1985 ex.s. c 4 § 14; 1985 c 390 § 2; 1977 ex.s. c
354 § 1.]
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
28B.14C.020 Refunding as benefit to state. The
refunding authorized by this chapter is to be carried out
primarily for the purpose of releasing for other needs of the
state and its agencies the reserves presently required under
existing covenants and statutes to secure payment of the
various issues of the bonds to be refunded and, as such, is of
substantial benefit to the state. [1977 ex.s. c 354 § 2.]
28B.14C.030 Constitutional and statutory authority
applicable—Specific state finance committee powers.
Subject to the specific requirements of RCW 28B.14C.010
through 28B.14C.140 and 28B.14C.900, such general obligation refunding bonds shall be issued and the refunding plan
carried out in accordance with Article VIII, section 1, of the
state Constitution, in accordance with chapter 39.42 RCW as
presently in effect, and in accordance with the following
sections of chapter 39.53 RCW as presently in effect, where
applicable: RCW 39.53.010, 39.53.030, 39.53.060,
39.53.070, 39.53.100, and 39.53.110. The remainder of
chapter 39.53 RCW shall not be applicable to the refunding
authorized by this chapter.
In addition to the powers granted to the state finance
committee in this subsection, said committee is hereby
authorized (1) to determine the times and manner of redemption of the various bonds to be refunded, if any are to be
redeemed prior to maturity; (2) to carry out all procedures
(2002 Ed.)
1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds
necessary to accomplish the call for redemption and the
subsequent redemption of the bonds to be refunded on behalf
of the board of regents or the board of trustees, as the case
may be, of each of the institutions which originally issued
the bonds to be refunded; and (3) to determine the time,
manner, and call premium, if any, for redemption of the
refunding issue or issues, if any of the bonds of such issue
are to be redeemed prior to maturity. [1977 ex.s. c 354 § 3.]
Reviser’s note: Phrases "as presently in effect" would, because of
declaration of emergency in section 17 of 1977 ex.s. c 354, be deemed as
of July 1, 1977.
28B.14C.040 Limitation as to amount of bonds to
be issued—Pledge of state’s credit. The amount of general
obligation refunding bonds issued shall not exceed 1.05
times the amount which, taking into account amounts to be
earned from the investment of the proceeds of such issue or
issues, is required to pay the principal of, the interest on,
premium of, if any, on the revenue bonds to be refunded
with the proceeds of the refunding issue or issues.
Each bond issued pursuant to the provisions of this
chapter shall contain a pledge of the state’s full faith and
credit to the payment of the principal thereof and the interest
thereon and the state’s unconditional promise to pay said
principal and interest as the same shall become due. [1977
ex.s. c 354 § 4.]
28B.14C.050 Disposition of proceeds of refunding
issues. The proceeds of the refunding issue or issues shall
be invested and applied to the payment of the principal of,
interest on and redemption premium, if any, on the bonds to
be refunded, at the times and in the manner determined by
the state finance committee consistent with the provisions
and intent of this chapter. Any investment of such proceeds
shall be made only in direct general obligations of the
United States of America.
Any proceeds in excess of the amounts required to
accomplish the refunding, or any such direct obligation of
the United States of America acquired with such excess
proceeds, shall be used to pay the fees and costs incurred in
the refunding and the balance shall be deposited in the
institutions of higher education refunding bond retirement
fund of 1977. [1977 ex.s. c 354 § 5.]
28B.14C.060 Institutions of higher education
refunding bond retirement fund of 1977—Created—Use.
There is hereby created in the state treasury the institutions
of higher education refunding bond retirement fund of 1977,
which fund shall be devoted to the payment of principal of,
interest on and redemption premium, if any, on the bonds
authorized to be issued pursuant to this chapter.
The state finance committee shall, on or before June 30
of each year, certify to the state treasurer the amount needed
in the next succeeding twelve months to pay the installments
of principal of and interest on the refunding bonds coming
due in such period. The state treasurer shall, not less than
thirty days prior to the due date of each installment, withdraw from any general state revenues received in the state
treasury an amount equal to the amount certified by the state
finance committee as being required to pay such installment;
shall deposit such amount in the institutions of higher
(2002 Ed.)
28B.14C.030
education refunding bond retirement fund of 1977; and shall
apply in a timely manner the funds so deposited to the
payment of the installment due on the bonds. [1991 sp.s. c
13 § 80; 1977 ex.s. c 354 § 6.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.14C.070 Chapter not exclusive method for
payment of interest and principal on bonds. The legislature may provide additional means for the payment of the
principal of and interest on bonds issued pursuant to this
chapter and this chapter shall not be deemed to provide an
exclusive method for such payment. [1977 ex.s. c 354 § 7.]
28B.14C.080 Chapter as affecting University of
Washington building revenue bond redemption. At such
time as ample provision has been made for full payment,
when due under the terms thereof or upon redemption prior
to maturity, of all the principal of and interest on and
redemption premium, if applicable, on all the outstanding
University of Washington building revenue bonds payable
from the University of Washington bond retirement fund,
which provision has been made in a refunding plan adopted
by the state finance committee pursuant to the terms of this
chapter utilizing a part of the proceeds and the investment
proceeds of the refunding bonds issued pursuant to this
chapter, then:
(1) The said University of Washington bonds so
refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.20.720, 28B.20.725,
28B.20.800 or any other statute pertaining to said bonds or
any covenant of the University of Washington board of
regents pertaining to said bonds;
(2) The board of regents of the University of Washington shall, from moneys thereafter paid into the University of
Washington bond retirement fund pursuant to the provisions
of chapter 28B.20 RCW, transfer to the state general fund
amounts sufficient to pay the principal of and the interest on
that portion or series of the refunding bonds necessary to
refund the said University of Washington bonds. The state
finance committee shall determine all matters pertaining to
the said transfer, including the amounts to be transferred and
the time and manner of transfer; and
(3) Anything to the contrary contained in chapter
28B.20 RCW notwithstanding, the state treasurer shall
immediately transfer to the state general fund all reserves,
less any amount required to effect the refunding, which have
been accumulated theretofore in the University of Washington bond retirement fund pursuant to covenants in the said
University of Washington bonds.
(4) Anything to the contrary contained in RCW
28B.20.725 notwithstanding, the board of regents of the
University of Washington is empowered to authorize the
transfer from time to time to the University of Washington
building account any moneys in the University of Washington bond retirement fund in excess of the amounts
determined by the state finance committee to be transferred
from such bond retirement fund in accordance with subsection (2) of this section. [1985 c 390 § 3; 1977 ex.s. c
354 § 8.]
[Title 28B RCW—page 49]
28B.14C.090
Title 28B RCW: Higher Education
28B.14C.090 Chapter as affecting Washington State
University building revenue bond redemption. At such
time as ample provision has been made for full payment,
when due under the terms thereof or upon redemption prior
to maturity, of all the principal of and interest on and
redemption premium, if applicable, on all the outstanding
Washington State University building revenue bonds and
building and scientific fund revenue bonds payable from the
Washington State University bond retirement fund, which
provision has been made in a refunding plan adopted by the
state finance committee pursuant to the terms of this chapter
utilizing a part of the proceeds and the investment proceeds
of the refunding bonds issued pursuant to this chapter, then:
(1) The said Washington State University bonds so
refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.20.720, 28B.30.740,
28B.30.750 or any other statute pertaining to said bonds or
any covenant of Washington State University board of
regents pertaining to said bonds;
(2) The board of regents of Washington State University
shall, from moneys thereafter paid into the Washington State
University bond retirement fund pursuant to the provisions
of chapter 28B.30 RCW, transfer to the state general fund
amounts sufficient to pay the principal of and the interest on
that portion or series of the refunding bonds necessary to
refund the said Washington State University bonds. The
state finance committee shall determine all matters pertaining
to the said transfer, including the amounts to be transferred
and the time and manner of transfer; and
(3) Anything to the contrary contained in chapter
28B.30 RCW notwithstanding, the state treasurer shall
immediately transfer to the state general fund all reserves,
less any amount required to effect the refunding, which have
been accumulated theretofore in the Washington State
University bond retirement fund pursuant to covenants in the
said Washington State University bonds.
(4) Anything to the contrary contained in RCW
28B.30.750 notwithstanding, the board of regents of Washington State University is empowered to authorize the
transfer from time to time to the Washington State University building account any moneys in the Washington State
University bond retirement fund in excess of the amounts
determined by the state finance committee to be transferred
from such bond retirement fund in accordance with subsection (2) of this section. [1985 c 390 § 4; 1977 ex.s. c
354 § 9.]
28B.14C.100 Chapter as affecting Western Washington State College building and normal school fund
revenue bonds. At such time as ample provision has been
made for full payment, when due under the terms thereof or
upon redemption prior to maturity, of all the principal of and
interest on and redemption premium, if applicable, on all the
outstanding Western Washington State College building and
normal school fund revenue bonds payable from the Western
Washington State College bond retirement fund, which
provision has been made in a refunding plan adopted by the
state finance committee pursuant to the terms of this chapter
utilizing a part of the proceeds and the investment proceeds
of the refunding bonds issued pursuant to this chapter, then:
[Title 28B RCW—page 50]
(1) The said Western Washington State College bonds
so refunded shall be deemed not to be "outstanding" or
"unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or,
other than RCW 28B.40.751, any other statute pertaining to
said bonds or any covenant of the board of trustees of
Western Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Western Washington State College
pursuant to RCW 28B.40.751 shall thenceforth be deposited
into the Western Washington State College capital projects
account and the board of trustees of said college shall
thereafter transfer from said capital projects account to the
state general fund, amounts sufficient to pay the principal of
and interest on that portion or series of the refunding bonds
necessary to refund the said bonds. The state finance
committee shall determine all matters pertaining to the said
transfer, including the amounts to be transferred and the time
and manner of transfer; and
(3) Anything to the contrary contained in chapter
28B.40 RCW notwithstanding, the state treasurer shall
immediately transfer to the state general fund all reserves,
less any amount required to effect the refunding, which have
been accumulated theretofore in the Western Washington
State College bond retirement fund pursuant to covenants in
the said Western Washington State College bonds. [1985 c
390 § 5; 1977 ex.s. c 354 § 10.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and
chapter as they were before the effective date (September 21, 1977) of 1977
ex.s. c 169, which renamed Central Washington State College, Eastern
Washington State College, and Western Washington State College as
Central Washington University, Eastern Washington University, and
Western Washington University, respectively, creating three regional
Universities within the state, and setting forth the specific laws relating to
them in chapter 28B.35 RCW, and leaving as chapter 28B.40 RCW the
specific laws relating to The Evergreen State College.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
Western Washington University capital projects account: RCW 28B.35.370.
28B.14C.110 Chapter as affecting Eastern Washington State College building and normal school fund
revenue bonds. At such time as ample provision has been
made for full payment, when due under the terms thereof or
upon redemption prior to maturity, of all the principal of and
interest on and redemption premium, if applicable, on all the
outstanding Eastern Washington State College building and
normal school fund revenue bonds payable from the Eastern
Washington State College bond retirement fund, which
provision has been made in a refunding plan adopted by the
state finance committee pursuant to the terms of this chapter
utilizing a part of the proceeds and the investment proceeds
of the refunding bonds issued pursuant to this chapter, then:
(1) The said Eastern Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or,
other than RCW 28B.40.751, any other statute pertaining to
said bonds or any covenant of the board of trustees of
Eastern Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
(2002 Ed.)
1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds
revenues received by Eastern Washington State College
pursuant to RCW 28B.40.751 shall thenceforth be deposited
into the Eastern Washington State College capital projects
account and the board of trustees of said college shall
thereafter transfer from said capital projects account to the
state general fund, amounts sufficient to pay the principal of
and interest on that portion or series of the refunding bonds
necessary to refund the said bonds. The state finance
committee shall determine all matters pertaining to the said
transfer, including the amounts to be transferred and the time
and manner of transfer; and
(3) Anything to the contrary contained in chapter
28B.40 RCW notwithstanding, the state treasurer shall
immediately transfer to the state general fund all reserves,
less any amount required to effect the refunding, which have
been accumulated theretofore in the Eastern Washington
State College bond retirement fund pursuant to covenants in
the said Eastern Washington State College bonds. [1985 c
390 § 6; 1977 ex.s. c 354 § 11.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and
chapter as they were before the effective date (September 21, 1977) of 1977
ex.s. c 169, which renamed Central Washington State College, Eastern
Washington State College, and Western Washington State College as
Central Washington University, Eastern Washington University, and
Western Washington University, respectively, creating three regional
universities within the state, and setting forth the specific laws relating to
them in chapter 28B.35 RCW, and leaving as chapter 28B.40 RCW the
specific laws relating to The Evergreen State College.
Eastern Washington University capital projects account: RCW 28B.35.370.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.120 Chapter as affecting Central Washington State College building and normal school fund
revenue bonds. At such time as ample provision has been
made for full payment, when due under the terms thereof or
upon redemption prior to maturity, of all the principal of and
interest on and redemption premium, if applicable, on all the
outstanding Central Washington State College building and
normal school fund revenue bonds payable from the Central
Washington State College bond retirement fund, which
provision has been made in a refunding plan adopted by the
state finance committee pursuant to the terms of this chapter
utilizing a part of the proceeds and the investment proceeds
of the refunding bonds issued pursuant to this chapter, then:
(1) The said Central Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or,
other than RCW 28B.40.751, any other statute pertaining to
said bonds or any covenant of the board of trustees of
Central Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Central Washington State College
pursuant to RCW 28B.40.751 shall thenceforth be deposited
into the Central Washington State College capital projects
account and the board of trustees of said college shall
thereafter transfer from said capital projects account to the
state general fund, amounts sufficient to pay the principal of
and interest on that portion or series of the refunding bonds
necessary to refund the said bonds. The state finance
(2002 Ed.)
28B.14C.110
committee shall determine all matters pertaining to the said
transfer, including the amounts to be transferred and the time
and manner of transfer; and
(3) Anything to the contrary contained in chapter
28B.40 RCW notwithstanding, the state treasurer shall
immediately transfer to the state general fund all reserves,
less any amount required to effect the refunding, which have
been accumulated theretofore in the Central Washington
State College bond retirement fund pursuant to covenants in
the said Central Washington State College bonds. [1985 c
390 § 7; 1977 ex.s. c 354 § 12.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and
chapter as they were before the effective date (September 21, 1977) of 1977
ex.s. c 169, which renamed Central Washington State College, Eastern
Washington State College, and Western Washington State College as
Central Washington University, Eastern Washington University, and
Western Washington University, respectively, creating three regional
universities within the state and setting forth the specific laws relating to
them in chapter 28B.35 RCW and leaving as chapter 28B.40 RCW the
specific laws relating to The Evergreen State College.
Central Washington University capital projects account: RCW 28B.35.370.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.130 Chapter as affecting Evergreen State
College building revenue bonds. At such time as ample
provision has been made for full payment, when due under
the terms thereof or upon redemption prior to maturity, of all
the principal of and interest on and redemption premium, if
applicable, on all the outstanding Evergreen State College
building revenue bonds payable from the Evergreen State
College bond retirement fund, which provision has been
made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part
of the proceeds and the investment proceeds of the refunding
bonds issued pursuant to this chapter, then:
(1) The said Evergreen State College bonds so refunded
shall be deemed not to be "outstanding" or "unpaid" for
purposes of RCW 28B.40.370, 28B.40.750, or, other than
RCW 28B.40.751, any other statute pertaining to said bonds
or any covenant of the board of trustees of The Evergreen
State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by The Evergreen State College pursuant
to RCW 28B.40.751 shall thenceforth be deposited into the
Evergreen State College capital projects account and the
board of trustees of said college shall thereafter transfer from
said capital projects account to the state general fund,
amounts sufficient to pay the principal of and interest on that
portion or series of the refunding bonds necessary to refund
the said bonds. The state finance committee shall determine
all matters pertaining to the said transfer, including the
amounts to be transferred and the time and manner of
transfer; and
(3) Anything to the contrary contained in chapter
28B.40 RCW notwithstanding, the state treasurer shall
immediately transfer to the state general fund all reserves,
less any amount required to effect the refunding, which have
been accumulated theretofore in the Evergreen State College
bond retirement fund pursuant to covenants in the said
[Title 28B RCW—page 51]
28B.14C.130
Title 28B RCW: Higher Education
Evergreen State College bonds. [1985 c 390 § 8; 1977 ex.s.
c 354 § 13.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and
chapter as they were before the effective date (September 21, 1977) of 1977
ex.s. c 169, which renamed Central Washington State College, Eastern
Washington State College, and Western Washington State College as
Central Washington University, Eastern Washington University, and
Western Washington University, respectively, creating three regional
universities within the state, and setting forth the specific laws relating to
them in chapter 28B.35 RCW, and leaving as chapter 28B.40 RCW the
specific laws relating to The Evergreen State College.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.140 Use limited when reserves transferred
to state general fund. Any reserves transferred to the state
general fund by the state treasurer pursuant to RCW
28B.14C.080(3), 28B.14C.090(3), 28B.14C.100(3),
28B.14C.110(3), 28B.14C.120(3), or 28B.14C.130(3) shall
be appropriated and expended solely for the maintenance and
support of the institutions listed in RCW 28B.14C.010.
[1977 ex.s. c 354 § 14.]
28B.14C.900 Severability—1977 ex.s. c 354. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provisions to other persons or circumstances shall not be affected. [1977 ex.s. c 354 § 15.]
Chapter 28B.14D
1979 BOND ISSUE FOR
CAPITAL IMPROVEMENTS
Sections
28B.14D.010
28B.14D.020
28B.14D.030
28B.14D.040
28B.14D.050
28B.14D.060
28B.14D.070
28B.14D.080
28B.14D.090
28B.14D.900
28B.14D.950
Bonds authorized—Amount—Conditions.
Bond anticipation notes—Authorized—Payment.
Form, terms, conditions, sale and covenants of bonds
and notes.
Disposition of proceeds from sale of bonds and notes—
Higher education construction account.
Administration and use of proceeds from bonds and
notes.
Higher education bond retirement fund of 1979—
Created—Purpose—Treasurer’s duties.
Building or capital projects account moneys deposited in
general fund.
Bonds as legal investment for public funds.
Prerequisite for issuance of bonds.
Construction—Provisions as subordinate in nature.
Severability—1979 ex.s. c 253.
28B.14D.010 Bonds authorized—Amount—
Conditions. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing, and equipping of state buildings and
facilities for the institutions of higher education, the state
finance committee is authorized to issue from time to time
general obligation bonds of the state of Washington in the
sum of forty-six million dollars, or so much thereof as may
be required, to finance these projects and all costs incidental
thereto. No bonds authorized by this chapter shall be
offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
[Title 28B RCW—page 52]
of the date of issuance in accordance with Article VIII,
section 1 of the state Constitution. [1979 ex.s. c 253 § 1.]
28B.14D.020
Bond anticipation notes—
Authorized—Payment. When the state finance committee
has determined to issue the general obligation bonds or a
portion thereof as authorized in RCW 28B.14D.010, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of the bonds,
which notes shall be designated as "bond anticipation notes."
Such portion of the proceeds of the sale of the bonds as may
be required for the payment of principal of and redemption
premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1979 ex.s. c 253 § 2.]
28B.14D.030 Form, terms, conditions, sale and
covenants of bonds and notes. The state finance committee
is authorized to prescribe the form, terms, conditions, and
covenants of the bonds and the bond anticipation notes
provided for in RCW 28B.14D.010 and 28B.14D.020, the
time or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1979 ex.s. c 253 § 3.]
28B.14D.040 Disposition of proceeds from sale of
bonds and notes—Higher education construction account.
The proceeds from the sale of the bonds authorized in this
chapter, together with all grants, donations, transferred funds,
and all other moneys which the state finance committee or
the board of regents or board of trustees of any of the state
institutions of higher education may direct the state treasurer
to deposit therein, shall be deposited in the higher education
construction account hereby created in the state treasury.
[1991 sp.s. c 13 § 8; 1985 c 57 § 13; 1979 ex.s. c 253 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
28B.14D.050 Administration and use of proceeds
from bonds and notes. Subject to legislative appropriation,
all proceeds of the bonds and bond anticipation notes
authorized in this chapter shall be administered and expended by the boards of regents or the boards of trustees of the
state institutions of higher education exclusively for the
purposes specified in this chapter and for the payment of the
expenses incurred in connection with the sale and issuance
of such bonds and bond anticipation notes. [1979 ex.s. c
253 § 5.]
28B.14D.060 Higher education bond retirement
fund of 1979—Created—Purpose—Treasurer’s duties.
The higher education bond retirement fund of 1979 is hereby
created in the state treasury for the purpose of the payment
of principal of and interest on the bonds authorized to be
issued under this chapter or, if the legislature so determines,
for any bonds and notes hereafter authorized and issued for
the institutions of higher education.
(2002 Ed.)
1979 Bond Issue for Capital Improvements
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds and bond anticipation notes authorized by this chapter
remaining in the higher education construction account shall
be transferred by the state treasurer upon authorization of the
board of regents or the board of trustees of each institution,
as appropriate, to the higher education bond retirement fund
of 1979 to reduce the transfer or transfers required by RCW
28B.14D.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
the bonds. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
higher education bond retirement fund of 1979 an amount
equal to the amount certified by the state finance committee
to be due on the payment date. [1979 ex.s. c 253 § 6.]
28B.14D.070 Building or capital projects account
moneys deposited in general fund. On or before June 30th
of each year the state finance committee shall determine the
relative shares of the principal and interest payments
determined pursuant to RCW 28B.14D.060, exclusive of
deposit interest credit, attributable to each of the institutions
of higher education in proportion to the principal amount of
bonds issued under this chapter for purposes of funding
projects for each institution. On each date on which any
interest or principal and interest payment is due, the board
of regents or the board of trustees of each institution of
higher education shall cause the amount so computed to be
paid out of the appropriate building account or capital
projects account to the state treasurer for deposit into the
general fund of the state treasury. [1979 ex.s. c 253 § 7.]
28B.14D.080 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1979 ex.s.
c 253 § 8.]
28B.14D.090 Prerequisite for issuance of bonds.
The bonds authorized by this chapter shall be issued only
after an officer designated by the board of regents or board
of trustees of each institution of higher education receiving
an appropriation from the higher education construction
account has certified, based upon his estimates of future
tuition income and other factors, that an adequate balance
will be maintained in that institution’s building account or
capital projects account to enable the board to meet the
requirements of RCW 28B.14D.070 during the life of the
bonds to be issued. [1979 ex.s. c 253 § 9.]
28B.14D.900 Construction—Provisions as subordinate in nature. No provision of this chapter or *chapter
43.99 RCW, or of RCW 28B.20.750 through 28B.20.758
shall be deemed to repeal, override, or limit any provision of
RCW 28B.10.300 through 28B.10.335, 28B.15.210,
28B.15.310, 28B.20.700 through 28B.20.745, 28B.30.700
(2002 Ed.)
28B.14D.060
through 28B.30.780, or 28B.35.700 through 28B.35.790, nor
any provision or covenant of the proceedings of the board of
regents or board of trustees of any state institution of higher
education heretofore or hereafter taken in the issuance of its
revenue bonds secured by a pledge of its building fees
and/or other revenues mentioned within such statutes. The
obligation of such boards to make the transfers provided for
in RCW 28B.14D.070, 28B.14C.080(2), 28B.14C.090(2),
28B.14C.100(2), 28B.14C.110(2), 28B.14C.120(2),
28B.14C.130(2), 28B.14G.060, 28B.20.757, 43.99G.070, and
43.99H.060 (1) and (4), and in any similar law heretofore or
hereafter enacted shall be subject and subordinate to the lien
and charge of any revenue bonds heretofore or hereafter
issued by such boards on the building fees and/or other
revenues pledged to secure such revenue bonds, and on the
moneys in the building account or capital project account
and the individual institutions of higher education bond
retirement funds. [1991 sp.s. c 31 § 9; 1985 c 390 § 9;
1979 ex.s. c 253 § 10.]
*Reviser’s note: Chapter 43.99 RCW was recodified as chapter
79A.25 RCW pursuant to 1999 c 249 § 1601.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
28B.14D.950 Severability—1979 ex.s. c 253. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 253 § 12.]
Chapter 28B.14E
1979 BOND ISSUE FOR
CAPITAL IMPROVEMENTS
Sections
28B.14E.010
28B.14E.020
28B.14E.030
28B.14E.040
28B.14E.050
28B.14E.060
28B.14E.950
Bonds authorized—Amount—Conditions.
Bond anticipation notes—Authorized—Payment.
Form, terms, conditions, sale and covenants of bonds
and notes.
Disposition of proceeds from sale of bonds and notes—
Use.
Existing fund utilized for payment of principal and
interest—Treasurer’s duties.
Bonds as legal investment for public funds.
Severability—1979 ex.s. c 223.
28B.14E.010 Bonds authorized—Amount—
Conditions. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for the institutions of higher education, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of fourteen
million dollars, or so much thereof as may be required, to
finance these projects, and all costs incidental thereto. No
bonds authorized by this chapter shall be offered for sale
without prior legislative appropriation, and these bonds shall
be paid and discharged within thirty years of the date of
issuance in accordance with Article VIII, section 1 of the
state Constitution. [1979 ex.s. c 223 § 1.]
28B.14E.020
Bond anticipation notes—
Authorized—Payment. When the state finance committee
[Title 28B RCW—page 53]
28B.14E.020
Title 28B RCW: Higher Education
has determined to issue the general obligation bonds or a
portion thereof as authorized in RCW 28B.14E.010, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of the bonds,
which notes shall be designated as "bond anticipation notes".
Such portion of the proceeds of the sale of the bonds as may
be required for the payment of principal of and redemption
premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1979 ex.s. c 223 § 2.]
funds or for funds under state control and all funds of
municipal corporations. [1979 ex.s. c 223 § 6.]
28B.14E.030 Form, terms, conditions, sale and
covenants of bonds and notes. The state finance committee
is authorized to prescribe the form, terms, conditions, and
covenants of the bonds and/or the bond anticipation notes
provided for in RCW 28B.14E.010 and 28B.14E.020, the
time or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1979 ex.s. c 223 § 3.]
Chapter 28B.14F
BOND ISSUES FOR CAPITAL IMPROVEMENTS
28B.14E.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the
proceeds required to pay bond anticipation notes under RCW
28B.14E.020, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee may direct the
state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of the bonds and bond anticipation notes.
[1979 ex.s. c 223 § 4.]
28B.14E.950 Severability—1979 ex.s. c 223. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 223 § 8.]
Sections
1981 BOND ISSUE
28B.14F.010
28B.14F.020
28B.14F.030
28B.14F.040
28B.14F.050
Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and
interest—Committee and treasurer’s duties.
Bonds as legal investment for public funds.
1983 BOND ISSUE
28B.14F.060
28B.14F.062
28B.14F.064
28B.14F.066
28B.14F.068
Bonds authorized—Amount—Condition.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and
interest—Committee and treasurer’s duties—Form
and conditions of bonds.
Refunding bonds—Legislature may provide additional
means for payment.
Bonds as legal investment for public funds.
1984 BOND ISSUE
28B.14F.070
28B.14F.072
28B.14F.074
28B.14F.078
Bonds authorized—Amount—Condition.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and
interest.
Legislature may provide additional methods of raising
money.
Bonds as legal investment for public funds.
28B.14F.950
28B.14F.951
28B.14F.952
Severability—1981 c 232.
Severability—1983 1st ex.s. c 58.
Severability—1984 c 264.
28B.14F.076
CONSTRUCTION
28B.14E.050 Existing fund utilized for payment of
principal and interest—Treasurer’s duties. The state
higher education bond retirement fund of 1977 in the state
treasury shall be used for the purpose of the payment of
principal of and interest on the bonds authorized to be issued
under this chapter or, if the legislature so determines, for any
bonds and notes hereafter authorized and issued for the
institutions of higher education.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
the bonds. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
state higher education bond retirement fund of 1977 an
amount equal to the amount certified by the state finance
committee to be due on the payment date. [1979 ex.s. c 223
§ 5.]
28B.14E.060 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14E.010 through
28B.14E.050 shall constitute a legal investment for all state
[Title 28B RCW—page 54]
1981 BOND ISSUE
28B.14F.010 Bonds authorized—Amount—
Condition. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for the institutions of higher education, including
facilities for the community college system, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of eight million one
hundred thousand dollars, or so much thereof as may be
required, to finance these projects, and all costs incidental
thereto. No bonds authorized by this section may be offered
for sale without prior legislative appropriation. [1981 c 232
§ 1.]
28B.14F.020 Bonds to pledge credit of state,
promise to pay. Each bond shall pledge the full faith and
credit of the state of Washington and shall contain an
(2002 Ed.)
Bond Issues for Capital Improvements
unconditional promise to pay the principal thereof and
interest thereon when due. [1981 c 232 § 2.]
28B.14F.030 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds
authorized in RCW 28B.14F.010 through 28B.14F.050,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee may direct
the state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in RCW 28B.14F.010
through 28B.14F.050 and for the payment of the expenses
incurred in connection with the sale and issuance of the
bonds. [1981 c 232 § 3.]
28B.14F.040 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The state higher education bond retirement fund of
1977 in the state treasury shall be used for the purpose of
the payment of principal of and interest on the bonds
authorized to be issued under RCW 28B.14F.010 through
28B.14F.050.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
the bonds. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
state higher education bond retirement fund of 1977 an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1981 c 232 § 4.]
28B.14F.050 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.010 through
28B.14F.040 shall constitute a legal investment for all state
funds or for funds under state control and all funds of
municipal corporations. [1981 c 232 § 5.]
1983 BOND ISSUE
28B.14F.060 Bonds authorized—Amount—
Condition. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for the institutions of higher education, including
facilities for the community college system, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of eleven million two
hundred fifty thousand dollars, or so much thereof as may be
required, to finance these projects and all costs incidental
thereto. No bonds authorized in this section may be offered
for sale without prior legislative appropriation. [1983 1st
ex.s. c 58 § 1.]
(2002 Ed.)
28B.14F.020
28B.14F.062 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds
authorized in RCW 28B.14F.060, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education
construction account in the general fund and shall be used
exclusively for the purposes specified in RCW 28B.14F.060
and for the payment of expenses incurred in the issuance and
sale of the bonds. [1983 1st ex.s. c 58 § 2.]
28B.14F.064 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties—Form and conditions of bonds. The state higher
education bond retirement fund of 1977 shall be used for the
payment of the principal of and interest on the bonds
authorized in RCW 28B.14F.060.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the state higher education bond retirement
fund of 1977 an amount equal to the amount certified by the
state finance committee to be due on the payment date.
Bonds issued under RCW 28B.14F.060 shall state that
they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1983 1st ex.s. c 58 § 3.]
28B.14F.066 Refunding bonds—Legislature may
provide additional means for payment. The legislature
may provide additional means for raising moneys for the
payment of the principal of and interest on the bonds
authorized in RCW 28B.14F.060, and RCW 28B.14F.064
shall not be deemed to provide an exclusive method for the
payment. [1983 1st ex.s. c 58 § 4.]
28B.14F.068 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.060 shall be
a legal investment for all state funds or funds under state
control and for all funds of any other public body. [1983 1st
ex.s. c 58 § 5.]
1984 BOND ISSUE
28B.14F.070 Bonds authorized—Amount—
Condition. For the purpose of acquiring land and providing
needed capital improvements consisting of the acquisition,
design, construction, repair, modification, and equipping of
state buildings and facilities, including heating and utility
distribution systems, for the community college system and
[Title 28B RCW—page 55]
28B.14F.070
Title 28B RCW: Higher Education
the University of Washington, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of eight million six hundred seventy
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. Bonds
authorized in this section may be sold at such price as the
state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior
legislative appropriation of the net proceeds of the sale of
the bonds. [1984 c 264 § 1.]
control and for all funds of any other public body. [1984 c
264 § 5.]
28B.14F.072 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds
authorized in RCW 28B.14F.070, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education
construction account in the general fund and shall be used
exclusively for the purposes specified in RCW 28B.14F.070
and for the payment of expenses incurred in the issuance and
sale of the bonds. [1984 c 264 § 2.]
28B.14F.951 Severability—1983 1st ex.s. c 58. If
any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 58 § 6.]
28B.14F.074 Existing fund utilized for payment of
principal and interest. The state higher education bond
retirement fund of 1977 shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
28B.14F.070.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond
retirement and interest requirements. Not less than thirty
days prior to the date on which any interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the state higher education bond retirement
fund of 1977 an amount equal to the amount certified by the
state finance committee to be due on the payment date.
Bonds issued under RCW 28B.14F.070 shall state that
they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1984 c 264 § 3.]
28B.14F.076 Legislature may provide additional
methods of raising money. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
28B.14F.070, and RCW 28B.14F.074 shall not be deemed to
provide an exclusive method for the payment. [1984 c 264
§ 4.]
28B.14F.078 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.070 shall be
a legal investment for all state funds or funds under state
[Title 28B RCW—page 56]
CONSTRUCTION
28B.14F.950 Severability—1981 c 232. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 232 § 6.]
28B.14F.952 Severability—1984 c 264. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1984 c 264 § 6.]
Chapter 28B.14G
1981 BOND ISSUE FOR CAPITAL
IMPROVEMENTS (1981 C 233)
Sections
28B.14G.010
28B.14G.020
28B.14G.030
28B.14G.040
28B.14G.050
28B.14G.060
28B.14G.070
28B.14G.080
28B.14G.900
28B.14G.950
Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds.
Administration and expenditure of proceeds from sale of
bonds—Condition.
Existing fund utilized for payment of principal and
interest—Committee and treasurer’s duties.
Apportioning shares of principal and interest payments—Committee and treasurer’s duties.
Bonds as legal investment for public funds.
Issuance of bonds subject to certification of maintenance
of fund balances.
Construction—Provisions as subordinate in nature.
Severability—1981 c 233.
28B.14G.010 Bonds authorized—Amount—
Condition. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing, and equipping of state buildings and
facilities for the institutions of higher education and capital
improvements consisting of land acquisition, construction,
remodeling, furnishing, and equipping of the hospital and
related facilities for the University of Washington, the state
finance committee is authorized to issue from time to time
general obligation bonds of the state of Washington in the
sum of eighty-six million dollars, or so much thereof as may
be required, to finance these projects and all costs incidental
thereto. No bonds authorized by this section may be offered
for sale without prior legislative appropriation. [1981 c 233
§ 1.]
28B.14G.020 Bonds to pledge credit of state,
promise to pay. Each bond shall pledge the full faith and
credit of the state of Washington and shall contain an
(2002 Ed.)
1981 Bond Issue for Capital Improvements (1981 c 233)
unconditional promise to pay the principal thereof and
interest thereon when due. [1981 c 233 § 2.]
28B.14G.030 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized
in this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance
committee or the board of regents or board of trustees of any
of the state institutions of higher education may direct the
state treasurer to deposit therein, shall be deposited in the
higher education construction account of the general fund.
[1981 c 233 § 3.]
28B.14G.040 Administration and expenditure of
proceeds from sale of bonds—Condition. Subject to
legislative appropriation, all proceeds of the bonds authorized
in this chapter shall be administered and expended by the
boards of regents or the boards of trustees of the state
institutions of higher education exclusively for the purposes
specified in this chapter and for the payment of the expenses
incurred in connection with the sale and issuance of such
bonds. [1981 c 233 § 4.]
28B.14G.050 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The higher education bond retirement fund of 1979
shall be used for the purpose of the payment of principal of
and interest on the bonds authorized to be issued under this
chapter.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds authorized by this chapter remaining in the higher
education construction account shall be transferred by the
state treasurer upon authorization of the board of regents or
the board of trustees of each institution, as appropriate, to
the higher education bond retirement fund of 1979 to reduce
the transfer or transfers required by RCW 28B.14G.060.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
the bonds. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
higher education bond retirement fund of 1979 an amount
equal to the amount certified by the state finance committee
to be due on the payment date. [1981 c 233 § 5.]
28B.14G.060 Apportioning shares of principal and
interest payments—Committee and treasurer’s duties.
On or before June 30th of each year the state finance
committee shall determine the relative shares of the principal
and interest payments determined under RCW 28B.14G.050,
exclusive of deposit interest credit, attributable to each of the
institutions of higher education in proportion to the principal
amount of bonds issued under this chapter for purposes of
funding projects for each institution. On each date on which
any interest or principal and interest payment is due, the
board of regents or the board of trustees of each institution
of higher education shall cause the amount so computed to
(2002 Ed.)
28B.14G.020
be paid out of the appropriate building account or capital
projects account to the state treasurer for deposit into the
general fund of the state treasury: PROVIDED, That the
amount of such principal and interest attributable to any
hospital-related project at the University of Washington shall
be paid out of the appropriate local hospital account. [1981
c 233 § 6.]
28B.14G.070 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1981 c 233
§ 7.]
28B.14G.080 Issuance of bonds subject to certification of maintenance of fund balances. The bonds authorized by this chapter shall be issued only after an officer
designated by the board of regents or board of trustees of
each institution of higher education receiving an appropriation from the higher education construction account has
certified, based upon his estimates of future tuition income
and other factors, that an adequate balance will be maintained in that institution’s building account or capital projects
account to enable the board to meet the requirements of
RCW 28B.14G.060 during the life of the bonds to be issued:
PROVIDED, That with respect to any hospital-related project
at the University of Washington, it shall be certified, based
on estimates of the hospital’s adjusted gross revenues and
other factors, that an adequate balance will be maintained in
that institution’s local hospital account to enable the board
to meet the requirements of RCW 28B.14G.060 during the
life of the bonds to be issued. [1981 c 233 § 8.]
28B.14G.900 Construction—Provisions as subordinate in nature. No provision of this chapter shall be
deemed to repeal, override, or limit any provision of RCW
28B.15.210, 28B.15.310, *28B.15.402, 28B.20.700 through
28B.20.745, 28B.30.700 through 28B.30.780, or 28B.35.700
through 28B.35.790, nor any provision or covenant of the
proceedings of the board of regents or board of trustees of
any state institution of higher education hereafter taken in
the issuance of its revenue bonds secured by a pledge of its
building fees and/or other revenues mentioned within such
statutes. The obligation of the board to make the transfers
provided for in RCW 28B.14G.060, chapters 28B.14C and
28B.14D RCW, and RCW 28B.20.757 shall be subject and
subordinate to the lien and charge of any revenue bonds
hereafter issued against building fees and/or other revenues
pledged to pay and secure such bonds, and on the moneys in
the building account, capital project account, the individual
institutions of higher education bond retirement funds and
the University of Washington hospital local fund. [1985 c
390 § 10; 1982 1st ex.s. c 48 § 14; 1981 c 233 § 9.]
*Reviser’s note: RCW 28B.15.402 was repealed by 1995 1st sp.s.
c 9 § 13.
Severability—1982 1st ex.s. c 48: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 48 § 23.]
[Title 28B RCW—page 57]
28B.14G.950
Title 28B RCW: Higher Education
28B.14G.950 Severability—1981 c 233. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 233 § 10.]
Chapter 28B.15
COLLEGE AND UNIVERSITY FEES
Sections
28B.15.005
28B.15.011
"Colleges and universities" defined.
Classification as resident or nonresident student—
Legislative intent.
28B.15.012 Classification as resident or nonresident student—
Definitions.
28B.15.013 Classification as resident or nonresident student—Standards
for determining domicile in the state—Presumptions—
Cut-off date for classification application change.
28B.15.0131 Resident tuition rates—American Indian students.
28B.15.0139 Resident tuition rates—Border county higher education
opportunity pilot project.
28B.15.014 Exemption from nonresident tuition fees differential.
28B.15.015 Classification as resident or nonresident student—Board to
adopt rules relating to students’ residency status, recovery of fees.
28B.15.020 "Tuition fees" defined—Use.
28B.15.022 "Nonresident tuition fees differential" defined.
28B.15.025 "Building fees" defined—Use.
28B.15.031 "Operating fees"—Defined—Disposition.
28B.15.041 "Services and activities fees" defined.
28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students.
28B.15.044 Services and activities fees—Legislative declaration on
expenditure.
28B.15.045 Services and activities fees—Guidelines governing establishment and funding of programs supported by—
Scope—Mandatory provisions—Dispute resolution.
28B.15.051 "Technology fees"—Defined—Use—Student government
approval.
28B.15.065 Adjustment of state appropriations for needy student financial aid.
28B.15.066 General fund appropriations to institutions of higher education.
28B.15.067 Tuition fees—Established.
28B.15.069 Tuition categories—Building fees—Services and activities
fees—Other fees.
28B.15.070 Development of definitions, criteria, and procedures for the
educational costs of instruction—Educational cost study.
28B.15.076 Board to transmit amounts constituting approved educational costs.
28B.15.100 Tuition and fees set by individual institutions—
Limitations—Tuition and fees for certain part-time,
additional time, and out-of-state students.
28B.15.110 Tuition and fees when joint program of four year institutions—Supplemental fees, when.
28B.15.210 Fees—University of Washington—Disposition of building
fees.
28B.15.220 Fees—University of Washington—Disposition of special
fees.
28B.15.225 Exemption from fees of schools of medicine or dentistry at
University of Washington—Exemption from nonresident
tuition fees differential for participants in the Washington, Alaska, Montana, Idaho, or Wyoming program at
Washington State University.
28B.15.310 Fees—Washington State University—Disposition of building fees.
28B.15.380 Exemption from payment of fees at state universities, regional universities, and The Evergreen State College—
Veterans and children of certain law enforcement officers or fire fighters.
28B.15.385 "Totally disabled" defined for certain purposes.
28B.15.411 Fees—Installment payments.
[Title 28B RCW—page 58]
28B.15.450
28B.15.455
28B.15.460
28B.15.465
28B.15.470
28B.15.475
28B.15.515
28B.15.520
28B.15.522
28B.15.524
28B.15.526
28B.15.527
28B.15.540
28B.15.543
28B.15.544
28B.15.545
28B.15.546
28B.15.555
28B.15.556
28B.15.558
28B.15.600
28B.15.605
28B.15.610
28B.15.615
28B.15.620
28B.15.625
28B.15.628
28B.15.629
28B.15.700
28B.15.725
28B.15.730
28B.15.732
28B.15.734
28B.15.736
28B.15.740
28B.15.750
28B.15.752
28B.15.754
28B.15.756
28B.15.758
28B.15.760
Gender equity—Intent.
Gender equity—Goals.
Gender equity—Tuition and fee waivers—Institutional plan
for underrepresented gender class.
Gender equity—Reports.
Gender equity—"Underrepresented gender class," "equitable" defined.
Gender equity—Construction—1989 c 340.
Community colleges—State-funded enrollment levels—
Summer school—Enrollment level variances.
Waiver of fees and nonresident tuition fees differential—
Community colleges.
Waiver of tuition and fees for long-term unemployed or
underemployed persons—Community colleges.
Community college international student exchange program.
Community college international student exchange program—Resident tuition for participants authorized.
Waiver of nonresident tuition fees differential for students
of foreign nations—Community colleges.
Waiver of tuition and fees for residents sixty years of age
or older—Limitations.
Waiver or grant of tuition and fees for recipients of the
Washington scholars award—Qualifications.
Waiver of nonresident tuition fees differential for western
undergraduate exchange program students.
Waiver of tuition and fees for recipients of the Washington
award for vocational excellence—Grants.
Second-year waiver of tuition and fees for recipients of the
Washington award for vocational excellence.
Waiver of tuition and fees for students of foreign nations—
Intent.
Waiver of tuition and fees for students of foreign nations—
Authorized—Limitations.
Waiver of tuition and fees for state employees and Washington national guard members.
Refunds or cancellation of fees—Four-year institutions of
higher education.
Refunds or cancellation of fees—Community colleges and
technical colleges.
Voluntary fees of students.
Exemption from resident operating fees and technology fees
for persons holding graduate service appointments.
Exemption from tuition and fees increase at institutions of
higher education—Vietnam veterans.
Persian Gulf veterans—Private higher education institutions—Tuition refund encouraged.
Waiver of tuition and fees increases at institutions of higher
education—Persian Gulf veterans.
Tuition waivers at technical colleges—Vietnam veterans—
Persian Gulf veterans.
Nonresident tuition fees—Exemption under Western regional higher education compact contracts.
Home tuition programs.
Waiver of nonresident tuition fees differential—
Washington/Oregon reciprocity program.
Washington/Oregon reciprocity tuition and fee program—
Reimbursement when greater net revenue loss.
Washington/Oregon reciprocity tuition and fee program—
Implementation agreement.
Washington/Oregon reciprocity tuition and fee program—
Program review.
Limitation on total tuition and fee waivers.
Waiver of nonresident tuition fees differential—
Washington/Idaho reciprocity program.
Washington/Idaho reciprocity tuition and fee program—
Reimbursement when greater net revenue loss.
Washington/Idaho reciprocity tuition and fee program—
Implementation agreement—Program review.
Waiver of nonresident tuition fees differential—
Washington/British Columbia reciprocity program.
Washington/British Columbia reciprocity tuition and fee
program—Implementation agreement—Program review.
Loan program for mathematics and science teachers—
Definitions.
(2002 Ed.)
College and University Fees
28B.15.762
Loan program for mathematics and science teachers—
Terms and conditions—Collection—Disposition of payments—Rules.
28B.15.764 Loan program for mathematics and science teachers—
Cooperation by board and institutions of higher education.
28B.15.766 Loan program for mathematics and science teachers—
Duration—Legislative budget committee review.
28B.15.790 Effective communication—Intent.
28B.15.792 Effective communication—Principles.
28B.15.794 Effective communication—Implementation of principles.
28B.15.796 Effective communication—Task force to improve communication and teaching skills of faculty and teaching
assistants.
28B.15.800 Pledged bond retirement funds to be set aside from tuition
and fees—1977 ex.s. c 322.
28B.15.805 Pledged bond retirement funds to be set aside from tuition
and fees—1981 c 257.
28B.15.820 Institutional financial aid fund—"Eligible student" defined.
28B.15.900 "State universities," "regional universities," "state college,"
"institutions of higher education," and "postsecondary
institutions" defined.
28B.15.910 Limitation on total operating fees revenue waived, exempted, or reduced.
28B.15.915 Waiver of operating fees—Report.
Uniform minor student capacity to borrow act: Chapter 26.30 RCW.
Waiver from fees—Children of certain citizens missing in action or
prisoners of war: RCW 28B.10.265.
28B.15.005 "Colleges and universities" defined. (1)
"Colleges and universities" for the purposes of this chapter
shall mean Central Washington University at Ellensburg,
Eastern Washington University at Cheney, Western Washington University at Bellingham, The Evergreen State
College in Thurston county, community colleges as are
provided for in chapter 28B.50 RCW, the University of
Washington, and Washington State University.
(2) "State universities" for the purposes of this chapter
shall mean the University of Washington and Washington
State University.
(3) "Regional universities" for the purposes of this
chapter shall mean Central Washington University, Eastern
Washington University and Western Washington University.
[1977 ex.s. c 169 § 33; 1971 ex.s. c 279 § 1.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 279: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 279 § 25.]
28B.15.011 Classification as resident or nonresident
student—Legislative intent. It is the intent of the legislature that the state institutions of higher education shall apply
uniform rules as prescribed in RCW 28B.15.012 through
28B.15.014, and not otherwise, in determining whether students shall be classified as resident students or nonresident
students for all tuition and fee purposes. [1971 ex.s. c 273
§ 1.]
Severability—1971 ex.s. c 273: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provisions to
other persons or circumstances is not affected." [1971 ex.s. c 273 § 6.]
28B.15.012 Classification as resident or nonresident
student—Definitions. Whenever used in chapter 28B.15
RCW:
(2002 Ed.)
Chapter 28B.15
(1) The term "institution" shall mean a public university,
college, or community college within the state of Washington.
(2) The term "resident student" shall mean:
(a) A financially independent student who has had a
domicile in the state of Washington for the period of one
year immediately prior to the time of commencement of the
first day of the semester or quarter for which the student has
registered at any institution and has in fact established a
bona fide domicile in this state primarily for purposes other
than educational;
(b) A dependent student, if one or both of the student’s
parents or legal guardians have maintained a bona fide
domicile in the state of Washington for at least one year
immediately prior to commencement of the semester or quarter for which the student has registered at any institution;
(c) A student classified as a resident based upon
domicile by an institution on or before May 31, 1982, who
was enrolled at a state institution during any term of the
1982-1983 academic year, so long as such student’s enrollment (excepting summer sessions) at an institution in this
state is continuous;
(d) Any student who has spent at least seventy-five
percent of both his or her junior and senior years in high
schools in this state, whose parents or legal guardians have
been domiciled in the state for a period of at least one year
within the five-year period before the student graduates from
high school, and who enrolls in a public institution of higher
education within six months of leaving high school, for as
long as the student remains continuously enrolled for three
quarters or two semesters in any calendar year;
(e) A student who is on active military duty stationed in
the state or who is a member of the Washington national
guard;
(f) A student who is the spouse or a dependent of a
person who is on active military duty stationed in the state;
(g) A student who resides in the state of Washington
and is the spouse or a dependent of a person who is a
member of the Washington national guard;
(h) A student of an out-of-state institution of higher
education who is attending a Washington state institution of
higher education pursuant to a home tuition agreement as
described in RCW 28B.15.725; or
(i) A student who meets the requirements of RCW
28B.15.0131: PROVIDED, That a nonresident student
enrolled for more than six hours per semester or quarter
shall be considered as attending for primarily educational
purposes, and for tuition and fee paying purposes only such
period of enrollment shall not be counted toward the
establishment of a bona fide domicile of one year in this
state unless such student proves that the student has in fact
established a bona fide domicile in this state primarily for
purposes other than educational.
(3) The term "nonresident student" shall mean any
student who does not qualify as a "resident student" under
the provisions of RCW 28B.15.012 and 28B.15.013. Except
for students qualifying under subsection (2)(h) of this
section, a nonresident student shall include:
(a) A student attending an institution with the aid of
financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for
one year after the completion of such semester or quarter.
[Title 28B RCW—page 59]
28B.15.012
Title 28B RCW: Higher Education
(b) A person who is not a citizen of the United States
of America who does not have permanent or temporary
resident status or does not hold "Refugee-Parolee" or
"Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who
does not also meet and comply with all the applicable
requirements in RCW 28B.15.012 and 28B.15.013.
(4) The term "domicile" shall denote a person’s true,
fixed and permanent home and place of habitation. It is the
place where the student intends to remain, and to which the
student expects to return when the student leaves without
intending to establish a new domicile elsewhere. The burden
of proof that a student, parent or guardian has established a
domicile in the state of Washington primarily for purposes
other than educational lies with the student.
(5) The term "dependent" shall mean a person who is
not financially independent. Factors to be considered in
determining whether a person is financially independent shall
be set forth in rules and regulations adopted by the higher
education coordinating board and shall include, but not be
limited to, the state and federal income tax returns of the
person and/or the student’s parents or legal guardian filed for
the calendar year prior to the year in which application is
made and such other evidence as the board may require.
[2002 c 186 § 2. Prior: (2002 c 186 § 1 expired June 30,
2002); 2000 c 160 § 1; 2000 c 117 § 2; 2000 c 117 § 1;
1999 c 320 § 5; 1997 c 433 § 2; 1994 c 188 § 2; 1993 sp.s.
c 18 § 4; prior: 1987 c 137 § 1; 1987 c 96 § 1; 1985 c 370
§ 62; 1983 c 285 § 1; 1982 1st ex.s. c 37 § 1; 1972 ex.s. c
149 § 1; 1971 ex.s. c 273 § 2.]
Expiration date—2002 c 186 § 1: "Section 1 of this act expires June
30, 2002." [2002 c 186 § 4.]
Effective date—2002 c 186 § 2: "Section 2 of this act takes effect
June 30, 2002." [2002 c 186 § 5.]
Expiration date—2000 c 160: See note following RCW 28B.80.806.
Effective date—2000 c 117 § 2: "Section 2 of this act takes effect
June 30, 2002." [2000 c 117 § 5.]
Expiration date—2000 c 117 § 1: "Section 1 of this act expires June
30, 2002." [2000 c 117 § 4.]
Expiration date—1999 c 320: See note following RCW 28B.80.805.
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—1982 1st ex.s. c 37: "Sections 13 and 14 of this
amendatory act are necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government and its
existing public institutions, and shall take effect immediately. All other
sections of this amendatory act shall take effect on June 1, 1982." [1982
1st ex.s. c 37 § 24.]
Severability—1982 1st ex.s. c 37: "If any provision of this
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1982 1st ex.s. c 37 § 23.]
Severability—1971 ex.s. c 273: See note following RCW
28B.15.011.
28B.15.013 Classification as resident or nonresident
student—Standards for determining domicile in the
state—Presumptions—Cut-off date for classification
application change. (1) The establishment of a new
[Title 28B RCW—page 60]
domicile in the state of Washington by a person formerly
domiciled in another state has occurred if such person is
physically present in Washington primarily for purposes
other than educational and can show satisfactory proof that
such person is without a present intention to return to such
other state or to acquire a domicile at some other place outside of Washington.
(2) Unless proven to the contrary it shall be presumed
that:
(a) The domicile of any person shall be determined
according to the individual’s situation and circumstances
rather than by marital status or sex.
(b) A person does not lose a domicile in the state of
Washington by reason of residency in any state or country
while a member of the civil or military service of this state
or of the United States, nor while engaged in the navigation
of the waters of this state or of the United States or of the
high seas if that person returns to the state of Washington
within one year of discharge from said service with the
intent to be domiciled in the state of Washington; any
resident dependent student who remains in this state when
such student’s parents, having theretofore been domiciled in
this state for a period of one year immediately prior to the
time of commencement of the first day of the semester or
quarter for which the student has registered at any institution,
remove from this state, shall be entitled to continued
classification as a resident student so long as such student’s
attendance (except summer sessions) at an institution in this
state is continuous.
(3) To aid the institution in deciding whether a student,
parent, legally appointed guardian or the person having legal
custody of a student is domiciled in the state of Washington
primarily for purposes other than educational, the rules and
regulations adopted by the higher education coordinating
board shall include but not be limited to the following:
(a) Registration or payment of Washington taxes or fees
on a motor vehicle, mobile home, travel trailer, boat, or any
other item of personal property owned or used by the person
for which state registration or the payment of a state tax or
fee is required will be a factor in considering evidence of the
establishment of a Washington domicile.
(b) Permanent full time employment in Washington by
a person will be a factor in considering the establishment of
a Washington domicile.
(c) Registration to vote for state officials in Washington
will be a factor in considering the establishment of a
Washington domicile.
(4) After a student has registered at an institution such
student’s classification shall remain unchanged in the
absence of satisfactory evidence to the contrary. A student
wishing to apply for a change in classification shall reduce
such evidence to writing and file it with the institution. In
any case involving an application for a change from nonresident to resident status, the burden of proof shall rest with
the applicant. Any change in classification, either nonresident to resident, or the reverse, shall be based upon written
evidence maintained in the files of the institution and, if
approved, shall take effect the semester or quarter such
evidence was filed with the institution: PROVIDED, That
applications for a change in classification shall be accepted
up to the thirtieth calendar day following the first day of
instruction of the quarter or semester for which application
(2002 Ed.)
College and University Fees
is made. [1989 c 175 § 79; 1985 c 370 § 63; 1982 1st ex.s.
c 37 § 2; 1979 ex.s. c 15 § 1; 1972 ex.s. c 149 § 2; 1971
ex.s. c 273 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1971 ex.s. c 273: See note following RCW
28B.15.011.
28B.15.0131 Resident tuition rates—American
Indian students. For the purposes of determining resident
tuition rates, resident students shall include American Indian
students who meet two conditions. First, for a period of one
year immediately prior to enrollment at a state institution of
higher education as defined in RCW 28B.10.016, the student
must have been domiciled in one or a combination of the
following states: Idaho; Montana; Oregon; or Washington.
Second, the students must be members of one of the following American Indian tribes whose traditional and customary
tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the
state of Washington:
(1) Colville Confederated Tribes;
(2) Confederated Tribes of the Chehalis Reservation;
(3) Hoh Indian Tribe;
(4) Jamestown S’Klallam Tribe;
(5) Kalispel Tribe of Indians;
(6) Lower Elwha Klallam Tribe;
(7) Lummi Nation;
(8) Makah Indian Tribe;
(9) Muckleshoot Indian Tribe;
(10) Nisqually Indian Tribe;
(11) Nooksack Indian Tribe;
(12) Port Gamble S’Klallam Community;
(13) Puyallup Tribe of Indians;
(14) Quileute Tribe;
(15) Quinault Indian Nation;
(16) Confederated Tribes of Salish Kootenai;
(17) Sauk Suiattle Indian Nation;
(18) Shoalwater Bay Indian Tribe;
(19) Skokomish Indian Tribe;
(20) Snoqualmie Tribe;
(21) Spokane Tribe of Indians;
(22) Squaxin Island Tribe;
(23) Stillaguamish Tribe;
(24) Suquamish Tribe of the Port Madison Reservation;
(25) Swinomish Indian Community;
(26) Tulalip Tribes;
(27) Upper Skagit Indian Tribe;
(28) Yakama Indian Nation;
(29) Coeur d’Alene Tribe;
(30) Confederated Tribes of the Umatilla Indian Reservation;
(31) Confederated Tribes of Warm Springs;
(32) Kootenai Tribe; and
(33) Nez Perce Tribe.
Any student enrolled at a state institution of higher
education as defined in RCW 28B.10.016 who is paying
resident tuition under this section, and who has not established domicile in the state of Washington at least one year
(2002 Ed.)
28B.15.013
before enrollment, shall not be included in any calculation of
state-funded enrollment for budgeting purposes, and no state
general fund moneys shall be appropriated to a state institution of higher education for the support of such student.
[1994 c 188 § 1.]
28B.15.0139 Resident tuition rates—Border county
higher education opportunity pilot project. (Expires June
30, 2004.) For the purposes of determining resident tuition
rates, "resident student" includes a resident of Oregon,
residing in Columbia, Gilliam, Hood River, Multnomah,
Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union,
Wallowa, Wasco, or Washington county, who meets the
following conditions:
(1) The student is eligible to pay resident tuition rates
under Oregon laws and has been domiciled in Columbia,
Gilliam, Hood River, Multnomah, Clatsop, Clackamas,
Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or
Washington county for at least one year immediately before
enrollment at a community college located in Asotin,
Benton, Clark, Columbia, Cowlitz, Franklin, Garfield,
Klickitat, Pacific, Skamania, Wahkiakum, or Walla Walla
county, Washington; or
(2) The student is enrolled in courses located at the TriCities or Vancouver branch of Washington State University
for eight credits or less. [2002 c 130 § 3; 2000 c 160 § 2;
1999 c 320 § 4.]
Expiration date—2002 c 130: See note following RCW 28B.80.805.
Expiration date—2000 c 160: See note following RCW 28B.80.806.
Expiration date—1999 c 320: See note following RCW 28B.80.805.
28B.15.014 Exemption from nonresident tuition fees
differential. Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges may exempt the following nonresidents from
paying all or a portion of the nonresident tuition fees
differential:
(1) Any person who resides in the state of Washington
and who holds a graduate service appointment designated as
such by a public institution of higher education or is employed for an academic department in support of the instructional or research programs involving not less than twenty
hours per week during the term such person shall hold such
appointment.
(2) Any faculty member, classified staff member or
administratively exempt employee holding not less than a
half time appointment at an institution who resides in the
state of Washington, and the dependent children and spouse
of such persons.
(3) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole
status, or (b) has received an immigrant visa, or (c) has
applied for United States citizenship.
(4) Any dependent of a member of the United States
congress representing the state of Washington. [2000 c 117
§ 3; 1997 c 433 § 3; 1993 sp.s. c 18 § 5; 1992 c 231 § 3.
Prior: 1989 c 306 § 3; 1989 c 290 § 3; 1985 c 362 § 1;
1984 c 232 § 1; 1982 1st ex.s. c 37 § 3; 1971 ex.s. c 273 §
4.]
[Title 28B RCW—page 61]
28B.15.014
Title 28B RCW: Higher Education
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Intent—1989 c 290: See note following RCW 28B.15.725.
Severability—1984 c 232: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 232 § 2.]
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1971 ex.s. c 273: See note following RCW
28B.15.011.
28B.15.015 Classification as resident or nonresident
student—Board to adopt rules relating to students’
residency status, recovery of fees. The higher education
coordinating board, upon consideration of advice from
representatives of the state’s institutions with the advice of
the attorney general, shall adopt rules and regulations to be
used by the state’s institutions for determining a student’s
resident and nonresident status and for recovery of fees for
improper classification of residency. [1985 c 370 § 64; 1982
1st ex.s. c 37 § 4.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
28B.15.020 "Tuition fees" defined—Use. The term
"tuition fees" as used in this chapter shall mean the fees
charged students registering at the state’s colleges and
universities which consist of:
(1) The "building fees" as defined in RCW 28B.15.025;
and
(2) The "operating fees" as defined in RCW 28B.15.031.
[1985 c 390 § 11; 1977 ex.s. c 169 § 34; 1969 ex.s. c 223
§ 28B.15.020. Prior: (i) 1967 ex.s. c 8 § 31, part. Formerly RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961
ex.s. c 10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1,
part; 1945 c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48
§ 1, part; 1921 c 139 § 1, part; 1919 c 63 § 1, part; 1915 c
66 § 2, part; RRS § 4546, part. Formerly RCW 28.77.030,
part. (iii) 1963 c 180 § 1, part; 1961 ex.s. c 11 § 1, part;
1949 c 73 § 1, part; 1931 c 49 § 1, part; 1921 c 164 § 1,
part; Rem. Supp. 1949 § 4569, part. Formerly RCW
28.80.030, part. (iv) 1967 c 47 § 10, part; 1965 ex.s. c 147
§ 1, part; 1963 c 143 § 1, part; 1961 ex.s. c 13 § 3, part.
Formerly RCW 28.81.080, part.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.15.022 "Nonresident tuition fees differential"
defined. Unless the context clearly requires otherwise, as
used in this chapter "nonresident tuition fees differential"
means the difference between resident tuition fees and
nonresident tuition fees. [1992 c 231 § 32.]
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.025 "Building fees" defined—Use. The term
"building fees" means the fees charged students registering
[Title 28B RCW—page 62]
at the state’s colleges and universities, which fees are to be
used as follows: At the University of Washington, solely for
the purposes provided in RCW 28B.15.210; at Washington
State University, solely for the purposes provided in RCW
28B.15.310; at each of the regional universities and at The
Evergreen State College, solely for the purposes provided in
RCW 28B.35.370; and at the community colleges, for the
purposes provided in RCW 28B.50.320, 28B.50.360 and
28B.50.370. The term "building fees" is a renaming of the
"general tuition fee," and shall not be construed to affect
otherwise moneys pledged to, or used for bond retirement
purposes. [1985 c 390 § 12.]
28B.15.031 "Operating fees"—Defined—
Disposition. The term "operating fees" as used in this
chapter shall include the fees, other than building fees,
charged all students registering at the state’s colleges and
universities but shall not include fees for short courses, selfsupporting degree credit programs and courses, marine
station work, experimental station work, correspondence or
extension courses, and individual instruction and student
deposits or rentals, disciplinary and library fines, which
colleges and universities shall have the right to impose,
laboratory, gymnasium, health, technology and student
activity fees, or fees, charges, rentals, and other income
derived from any or all revenue producing lands, buildings
and facilities of the colleges or universities heretofore or
hereafter acquired, constructed or installed, including but not
limited to income from rooms, dormitories, dining rooms,
hospitals, infirmaries, housing or student activity buildings,
vehicular parking facilities, land, or the appurtenances
thereon, or such other special fees as may be established by
any college or university board of trustees or regents from
time to time. All moneys received as operating fees at any
institution of higher education shall be deposited in a local
account containing only operating fees revenue and related
interest: PROVIDED, That a minimum of three and onehalf percent of operating fees shall be retained by the institutions, except the technical colleges, for the purposes of RCW
28B.15.820. Local operating fee accounts shall not be
subject to appropriation by the legislature or allotment
procedures under chapter 43.88 RCW. [1996 c 142 § 2;
1995 1st sp.s. c 9 § 2. Prior: 1993 sp.s. c 18 § 6; 1993 c
379 § 201; 1987 c 15 § 2; prior: 1985 c 390 § 13; 1985 c
356 § 2; 1982 1st ex.s. c 37 § 12; 1981 c 257 § 1; 1979 c
151 § 14; 1977 ex.s. c 331 § 3; 1971 ex.s. c 279 § 2.]
Severability—1996 c 142: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 142 § 4.]
Effective date—1996 c 142: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 25, 1996]." [1996 c 142 § 5.]
Intent—Purpose—1995 1st sp.s. c 9: "It is the intent of the
legislature to address higher education funding through a cooperative
bipartisan effort that includes the legislative and executive branches of
government, parents, students, educators, and concerned citizens. This effort
will begin in 1995, with the results providing the basis for discussion during
the 1996 legislative session for future decisions and final legislative action
in 1997.
The purpose of this act is to provide tuition increases for public
institutions of higher education as a transition measure until final action is
taken in 1997." [1995 1st sp.s. c 9 § 1.]
(2002 Ed.)
College and University Fees
Effective date—1995 1st sp.s. c 9: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [June 14, 1995]." [1995 1st sp.s. c 9 § 14.]
Appropriation—1993 sp.s. c 18: "All moneys in the accounts
established under *RCW 28B.15.824 on July 1, 1993, are hereby appropriated to the respective institutions of higher education for deposit in the
institution’s local account established under RCW 28B.15.031." [1993 sp.s.
c 18 § 15.]
*Reviser’s note: RCW 28B.15.824 was repealed by 1993 c 379 §
206 and by 1993 sp.s. c 18 § 14, effective July 1, 1993.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Effective date—1987 c 15: See note following RCW 28B.15.411.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1981 c 257: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1981 c 257 § 13.]
Effective date—1977 ex.s. c 331: "The effective date of this 1977
amendatory act shall be September 1, 1977." [1977 ex.s. c 331 § 5.]
Severability—1977 ex.s. c 331: "If any provision of this 1977 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 331 § 4.]
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
28B.15.041 "Services and activities fees" defined.
The term "services and activities fees" as used in this chapter
is defined to mean fees, other than tuition fees, charged to
all students registering at the state’s community colleges,
regional universities, The Evergreen State College, and state
universities. Services and activities fees shall be used as
otherwise provided by law or by rule or regulation of the
board of trustees or regents of each of the state’s community
colleges, The Evergreen State College, the regional universities, or the state universities for the express purpose of
funding student activities and programs of their particular
institution. Student activity fees, student use fees, student
building use fees, special student fees, or other similar fees
charged to all full time students, or to all students, as the
case may be, registering at the state’s colleges or universities
and pledged for the payment of bonds heretofore or hereafter
issued for, or other indebtedness incurred to pay, all or part
of the cost of acquiring, constructing or installing any lands,
buildings, or facilities of the nature described in RCW
28B.10.300 as now or hereafter amended, shall be included
within and deemed to be services and activities fees. [1985
c 390 § 14; 1977 ex.s. c 169 § 35. Prior: 1973 1st ex.s. c
130 § 2; 1973 1st ex.s. c 46 § 1; 1971 ex.s. c 279 § 3.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
28B.15.043 "Services and activities fees"—
Allocations from for institutional loan fund for needy
students. See RCW 28B.10.825.
(2002 Ed.)
28B.15.031
28B.15.044 Services and activities fees—Legislative
declaration on expenditure. It is the intent of the legislature that students will propose budgetary recommendations
for consideration by the college or university administration
and governing board to the extent that such budget recommendations are intended to be funded by services and
activities fees. It is also the intent of the legislature that
services and activities fee expenditures for programs devoted
to political or economic philosophies shall result in the
presentation of a spectrum of ideas. [1986 c 91 § 1; 1980
c 80 § 1.]
Severability—1980 c 80: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 80 § 4.]
28B.15.045 Services and activities fees—Guidelines
governing establishment and funding of programs
supported by—Scope—Mandatory provisions—Dispute
resolution. The legislature recognizes that institutional
governing boards have a responsibility to manage and protect
institutions of higher education. This responsibility includes
ensuring certain lawful agreements for which revenues from
services and activities fees have been pledged. Such lawful
agreements include, but are not limited to, bond covenant
agreements and other contractual obligations. Institutional
governing boards are also expected to protect the stability of
programs that benefit students.
The legislature also recognizes that services and
activities fees are paid by students for the express purpose of
funding student services and programs. It is the intent of the
legislature that governing boards ensure that students have a
strong voice in recommending budgets for services and
activities fees. The boards of trustees and the boards of
regents of the respective institutions of higher education shall
adopt guidelines governing the establishment and funding of
programs supported by services and activities fees. Such
guidelines shall stipulate procedures for budgeting and expending services and activities fee revenue. Any such
guidelines shall be consistent with the following provisions:
(1) Student representatives from the services and
activities fee committee and representatives of the college or
university administration shall have an opportunity to address
the board before board decisions on services and activities
fee budgets and dispute resolution actions are made;
(2) Members of the governing boards shall adhere to the
principle that services and activities fee committee desires be
given priority consideration on funding items that do not fall
into the categories of preexisting contractual obligations,
bond covenant agreements, or stability for programs affecting students;
(3) Responsibility for proposing to the administration
and the governing board program priorities and budget levels
for that portion of program budgets that derive from services
and activities fees shall reside with a services and activities
fee committee, on which students shall hold at least a
majority of the voting memberships, such student members
shall represent diverse student interests, and shall be recommended by the student government association or its
equivalent. The chairperson of the services and activities fee
committee shall be selected by the members of that committee. The governing board shall insure that the services and
[Title 28B RCW—page 63]
28B.15.045
Title 28B RCW: Higher Education
activities fee committee provides an opportunity for all
viewpoints to be heard at a public meeting during its
consideration of the funding of student programs and
activities.
(4) The services and activities fee committee shall
evaluate existing and proposed programs and submit budget
recommendations for the expenditure of those services and
activities fees with supporting documents simultaneously to
the college or university governing board and administration.
(5) The college or university administration shall review
the services and activities fee committee budget recommendations and publish a written response to the services and
activities fee committee. This response shall outline potential areas of difference between the committee recommendations and the administration’s proposed budget recommendations. This response, with supporting documentation, shall
be submitted to the services and activities fee committee in
a timely manner to allow adequate consideration.
(6)(a) In the event of a dispute or disputes involving the
services and activities fee committee recommendations, the
college or university administration shall meet with the
services and activities fee committee in a good faith effort to
resolve such dispute or disputes prior to submittal of final
recommendations to the governing board.
(b) If said dispute is not resolved within fourteen days,
a dispute resolution committee shall be convened by the
chair of the services and activities fee committee within
fourteen days.
(7) The dispute resolution committee shall be selected
as follows: The college or university administration shall
appoint two nonvoting advisory members; the governing
board shall appoint three voting members; and the services
and activities fee committee chair shall appoint three student
members of the services and activities fee committee who
will have a vote, and one student representing the services
and activities fee committee who will chair the dispute
resolution committee and be nonvoting. The committee shall
meet in good faith, and settle by vote any and all disputes.
In the event of a tie vote, the chair of the dispute resolution
committee shall vote to settle the dispute.
(8) The governing board may take action on those
portions of the services and activities fee budget not in
dispute in accordance with the customary budget approval
timeline established by the board. The governing board shall
consider the results, if any, of the dispute resolution committee and shall take action.
(9) Services and activities fees and revenues generated
by programs and activities funded by such fees shall be
deposited and expended through the office of the chief fiscal
officer of the institution.
(10) Services and activities fees and revenues generated
by programs and activities funded by such fees shall be
subject to the applicable policies, regulations, and procedures
of the institution and the budget and accounting act, chapter
43.88 RCW.
(11) All information pertaining to services and activities
fees budgets shall be made available to interested parties.
(12) With the exception of any funds needed for bond
covenant obligations, once the budget for expending service
and activities fees is approved by the governing board, funds
shall not be shifted from funds budgeted for associated
students or departmentally related categories or the reserve
[Title 28B RCW—page 64]
fund until the administration provides written justification to
the services and activities fee committee and the governing
board, and the governing board and the services and activities fee committee give their express approval. In the event
of a fund transfer dispute among the services and activities
fee committee, the administration, or the governing board,
said dispute shall be resolved pursuant to subsections (6)(b),
(7), and (8) of this section.
(13) Any service and activities fees collected which
exceed initially budgeted amounts are subject to subsections
(1) through (10) and (12) of this section. [1994 c 41 § 1;
1990 c 7 § 1; 1986 c 91 § 2; 1980 c 80 § 2.]
Severability—1980 c 80: See note following RCW 28B.15.044.
28B.15.051 "Technology fees"—Defined—Use—
Student government approval. (1) The governing board of
each of the state universities, the regional universities, and
The Evergreen State College, upon the written agreement of
its respective student government association or its equivalent, may establish and charge each enrolled student a
technology fee, separate from tuition fees. During the 199697 academic year, any technology fee shall not exceed one
hundred twenty dollars for a full-time student. Any technology fee charged to a part-time student shall be calculated as
a pro rata share of the fee charged to a full-time student.
(2) Revenue from this fee shall be used exclusively for
technology resources for general student use.
(3) Only changes in the amount of the student technology fee agreed upon by both the governing board and its
respective student government association or its equivalent
shall be used to adjust the amount charged to students.
Changes in the amount charged to students, once implemented, become the basis for future changes.
(4) Annually, the student government association or its
equivalent may abolish the fee by a majority vote. In the
event of such a vote, the student government association or
its equivalent shall notify the governing board of the
institution. The fee shall cease being collected the term after
the student government association or its equivalent voted to
eliminate the fee.
(5) The student government association or its equivalent
shall approve the annual expenditure plan for the fee
revenue.
(6) The universities and The Evergreen State College
shall deposit three and one-half percent of revenues from the
technology fee into the institutional financial aid fund under
RCW 28B.15.820.
(7) As used in this section, "technology fee" is a fee
charged to students to recover, in whole or in part, the costs
of providing and maintaining services to students that
include, but need not be limited to: Access to the internet
and world wide web, e-mail, computer and multimedia work
stations and laboratories, computer software, and dial-up
telephone services.
(8) Prior to the establishment of a technology fee, a
governing board shall provide to the student governing body
a list of existing fees of a similar nature or for a similar
purpose. The board and the student governing body shall
ensure that student fees for technology are not duplicative.
[1996 c 142 § 1.]
(2002 Ed.)
College and University Fees
Severability—Effective date—1996 c 142: See notes following
RCW 28B.15.031.
28B.15.065 Adjustment of state appropriations for
needy student financial aid. It is the intent of the legislature that needy students not be deprived of access to higher
education due to increases in educational costs or consequent
increases in tuition and fees. It is the sense of the legislature
that state appropriations for student financial aid be adjusted
in an amount which together with funds estimated to be
available in the form of basic educational opportunity grants
as authorized under Section 411 of the federal Higher
Education Act of 1965 as now or hereafter amended will
equal twenty-four percent of any change in revenue estimated to occur as a result of revisions in tuition and fee levels
under the provisions of chapter 322, Laws of 1977 ex. sess.
[1977 ex.s. c 322 § 6.]
Severability—1977 ex.s. c 322: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 322 § 17.]
28B.15.066 General fund appropriations to institutions of higher education. It is the intent of the legislature
that:
In making appropriations from the state’s general fund
to institutions of higher education, each appropriation shall
conform to the following:
(1) The appropriation shall not be reduced by the
amount of operating fees revenue estimated to be collected
from students enrolled at the state-funded enrollment level
specified in the omnibus biennial operating appropriations
act;
(2) The appropriation shall not be reduced by the
amount of operating fees revenue collected from students
enrolled above the state-funded level, but within the overenrollment limitations, specified in the omnibus biennial
operating appropriations act; and
(3) The general fund state appropriation shall not be
reduced by the amount of operating fees revenue collected
as a result of waiving less operating fees revenue than the
amounts authorized under RCW 28B.15.910. State general
fund appropriations shall not be provided for revenue
foregone [forgone] as a result of or for waivers granted
under RCW 28B.15.915. [2000 c 152 § 2; 1999 c 309 §
932; 1995 1st sp.s. c 9 § 3; 1993 c 379 § 205.]
Severability—Effective date—1999 c 309: See notes following
RCW 41.06.152.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
28B.15.067 Tuition fees—Established. (1) Tuition
fees shall be established under the provisions of this chapter.
(2) Academic year tuition for full-time students at the
state’s institutions of higher education for the 1997-98
academic year, other than the summer term, shall be as
provided in this subsection.
(a) At the University of Washington and Washington
State University:
(2002 Ed.)
28B.15.051
(i) For resident undergraduate students and other
resident students not in graduate, law, or first professional
programs, two thousand nine hundred eighty-eight dollars;
(ii)(A) For nonresident undergraduate students and other
nonresident students at the University of Washington not in
graduate, law, or first professional programs, ten thousand
two hundred seventy-eight dollars;
(B) For nonresident undergraduate students and other
nonresident students at Washington State University not in
graduate or first professional programs, nine thousand eight
hundred seventy dollars;
(iii) For resident graduate students, four thousand eight
hundred fifty-four dollars;
(iv) For nonresident graduate students, twelve thousand
five hundred eighty-eight dollars;
(v) For resident law students, five thousand ten dollars;
(vi) For nonresident law students, twelve thousand nine
hundred fifteen dollars;
(vii) For resident first professional students, eight
thousand one hundred twelve dollars; and
(viii) For nonresident first professional students, twentyone thousand twenty-four dollars.
(b) At the regional universities and The Evergreen State
College:
(i) For resident undergraduate and all other resident
students not in graduate programs, two thousand two
hundred eleven dollars;
(ii) For nonresident undergraduate and all other nonresident students not in graduate programs, eight thousand six
hundred forty-six dollars;
(iii) For resident graduate students, three thousand seven
hundred twenty-six dollars; and
(iv) For nonresident graduate students, eleven thousand
nine hundred seventy-six dollars.
(c) At the community colleges:
(i) For resident students, one thousand three hundred
eleven dollars; and
(ii) For nonresident students, five thousand five hundred
eighty-six dollars.
(3) Academic year tuition for full-time students at the
state’s institutions of higher education beginning with the
1998-99 academic year, other than the summer term, shall be
as provided in this subsection unless different rates are
adopted in the omnibus appropriations act.
(a) At the University of Washington and Washington
State University:
(i) For resident undergraduate students and other
resident students not in graduate, law, or first professional
programs, three thousand one hundred eight dollars;
(ii)(A) For nonresident undergraduate students and other
nonresident students at the University of Washington not in
graduate, law, or first professional programs, eleven thousand one hundred thirty dollars;
(B) For nonresident undergraduate students and other
nonresident students at Washington State University not in
graduate or first professional programs, ten thousand two
hundred sixty-six dollars;
(iii) For resident graduate students, five thousand fortysix dollars;
(iv) For nonresident graduate students, thirteen thousand
ninety-two dollars;
[Title 28B RCW—page 65]
28B.15.067
Title 28B RCW: Higher Education
(v) For resident law students, five thousand three
hundred seventy-six dollars;
(vi) For nonresident law students, thirteen thousand
seven hundred eighty-two dollars;
(vii) For resident first professional students, eight
thousand four hundred thirty-six dollars; and
(viii) For nonresident first professional students, twentyone thousand eight hundred sixty-four dollars.
(b) At the regional universities and The Evergreen State
College:
(i) For resident undergraduate and all other resident
students not in graduate programs, two thousand two
hundred ninety-eight dollars;
(ii) For nonresident undergraduate and all other nonresident students not in graduate programs, eight thousand nine
hundred ninety-one dollars;
(iii) For resident graduate students, three thousand eight
hundred seventy-six dollars; and
(iv) For nonresident graduate students, twelve thousand
four hundred fifty-six dollars.
(c) At the community colleges:
(i) For resident students, one thousand three hundred
sixty-two dollars; and
(ii) For nonresident students, five thousand eight
hundred eight dollars.
(4) For the 1997-98 and 1998-99 academic years, the
University of Washington shall use at least ten percent of the
revenue received from the difference between a four percent
increase in tuition fees and the actual increase charged to
law students to assist needy low and middle-income resident
law students. For the 1997-98 and 1998-99 academic years,
the University of Washington shall use at least ten percent
of the revenue received from the difference between a four
percent increase in tuition fees and the actual increase
charged to nonresident undergraduate students and all other
nonresident students not in graduate, law, or first professional programs to assist needy low and middle-income resident
undergraduate students and all other resident students not
enrolled in graduate, law, or first professional programs.
This requirement is in addition to the deposit requirements
of the institutional aid fund under RCW 28B.15.820.
(5) The tuition fees established under this chapter shall
not apply to high school students enrolling in participating
institutions of higher education under RCW 28A.600.300
through *28A.600.395. [1997 c 403 § 1; 1996 c 212 § 1;
1995 1st sp.s. c 9 § 4; 1992 c 231 § 4; 1990 1st ex.s. c 9 §
413; 1986 c 42 § 1; 1985 c 390 § 15; 1982 1st ex.s. c 37 §
15; 1981 c 257 § 2.]
*Reviser’s note: RCW 28A.600.395 was repealed by 1994 c 205 §
12.
Severability—1996 c 212: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 212 § 2.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
[Title 28B RCW—page 66]
28B.15.069 Tuition categories—Building fees—
Services and activities fees—Other fees. (1) As used in
this section, each of the following subsections is a separate
tuition category:
(a) Resident undergraduate students and all other
resident students not in first professional, graduate, or law
programs;
(b) Nonresident undergraduate students and all other
nonresident students not in first professional graduate or law
programs;
(c) Resident graduate students;
(d) Resident law students;
(e) Nonresident graduate students;
(f) Nonresident law students;
(g) Resident first professional students; and
(h) Nonresident first professional students.
(2) Unless the context clearly requires otherwise, as
used in this section "first professional programs" means
programs leading to one of the following degrees: Doctor of
medicine, doctor of dental surgery, or doctor of veterinary
medicine.
(3) The building fee for each academic year shall be a
percentage of total tuition fees. This percentage shall be
calculated by the higher education coordinating board and be
based on the actual percentage the building fee is of total
tuition for each tuition category in the 1994-95 academic
year, rounded up to the nearest half percent.
(4) The governing boards of each institution of higher
education, except for the technical colleges, shall charge to
and collect from each student a services and activities fee.
A governing board may increase the existing fee annually,
consistent with budgeting procedures set forth in RCW
28B.15.045, by a percentage not to exceed the annual
percentage increase in student tuition fees for the applicable
tuition category: PROVIDED, That such percentage increase
shall not apply to that portion of the services and activities
fee previously committed to the repayment of bonded debt.
The services and activities fee committee provided for in
RCW 28B.15.045 may initiate a request to the governing
board for a fee increase.
(5) Tuition and services and activities fees consistent
with subsection (4) of this section shall be set by the state
board for community and technical colleges for community
college summer school students unless the community college charges fees in accordance with RCW 28B.15.515.
(6) Subject to the limitations of RCW 28B.15.910, each
governing board of a community college may charge such
fees for ungraded courses, noncredit courses, community
services courses, and self-supporting courses as it, in its
discretion, may determine, consistent with the rules of the
state board for community and technical colleges. [1997 c
403 § 2; 1995 1st sp.s. c 9 § 5.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
28B.15.070 Development of definitions, criteria, and
procedures for the educational costs of instruction—
Educational cost study. (1) The higher education coordinating board, in consultation with the house of representatives and senate committees responsible for higher education,
(2002 Ed.)
College and University Fees
the respective fiscal committees of the house of representatives and senate, the office of financial management,
and the state institutions of higher education, shall develop
by December of every fourth year beginning in 1989,
definitions, criteria, and procedures for determining the
undergraduate and graduate educational costs for the state
universities, regional universities, and community colleges.
(2) Every four years, the state institutions of higher
education in cooperation with the higher education coordinating board shall perform an educational cost study pursuant
to subsection (1) of this section. The study shall be conducted based on every fourth academic year beginning with
1989-90. Institutions shall complete the studies within one
year of the end of the study year and report the results to the
higher education coordinating board for consolidation,
review, and distribution.
(3) In order to conduct the study required by subsection
(2) of this section, the higher education coordinating board,
in cooperation with the institutions of higher education, shall
develop a methodology that requires the collection of
comparable educational cost data, which utilizes a faculty
activity analysis or similar instrument. [1995 1st sp.s. c 9 §
7; 1992 c 231 § 5; 1989 c 245 § 3. Prior: 1985 c 390 § 16;
1985 c 370 § 65; 1982 1st ex.s. c 37 § 16; 1981 c 257 § 3;
1977 ex.s. c 322 § 7.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Analyses—1989 c 245: "(1) The higher education coordinating board,
with cooperation from the institutions of higher education, shall conduct a
full review and analysis of the accuracy and consistency of the educational
costs study. The board shall report to the legislature by December 1990,
outlining its findings and making recommendations upon establishing a
modified tuition fees structure based upon educational costs.
(2) The board shall conduct a full analysis and comparison of the
educational costs at the University of Washington and Washington State
University. The board shall also perform a comparison of the tuition fees
charged at the University of Washington and Washington State University
with tuition at their respective peer institutions. The board will provide
recommendations on whether different levels of tuition fees should be
charged at each of the state research universities." [1989 c 245 § 2.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
Severability—1977 ex.s. c 322: See note following RCW
28B.15.065.
28B.15.076 Board to transmit amounts constituting
approved educational costs. The higher education coordinating board shall determine and transmit amounts constituting approved undergraduate and graduate educational
costs to the several boards of regents and trustees of the state
institutions of higher education by November 10 of each
even-numbered year except the year 1990 for which the
transmittal shall be made by December 17. [1995 1st sp.s.
c 9 § 6; 1989 c 245 § 4. Prior: 1985 c 390 § 17; 1985 c
370 § 66; 1982 1st ex.s. c 37 § 17; 1981 c 257 § 4.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Analyses—1989 c 245: See note following RCW 28B.15.070.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
(2002 Ed.)
28B.15.070
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.15.100 Tuition and fees set by individual
institutions—Limitations—Tuition and fees for certain
part-time, additional time, and out-of-state students. (1)
The governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges shall charge to and collect from each of the
students registering at the particular institution for any
quarter or semester such tuition fees and services and
activities fees, and other fees as such board shall in its
discretion determine. The total of all fees shall be rounded
to the nearest whole dollar amount: PROVIDED, That such
tuition fees for other than the summer term shall be in the
amounts for the respective institutions as otherwise set forth
in RCW 28B.15.067.
(2) Part-time students shall be charged tuition and
services and activities fees proportionate to full-time student
rates established for residents and nonresidents: PROVIDED, That except for students registered at community
colleges, students registered for fewer than two credit hours
shall be charged tuition and services and activities fees at the
rate established for two credit hours: PROVIDED FURTHER, That, subject to the limitations of RCW 28B.15.910,
residents of Idaho or Oregon who are enrolled in community
college district number twenty for six or fewer credits during
any quarter or semester may be exempted from payment of
all or a portion of the nonresident tuition fees differential
upon a declaration by the higher education coordinating
board that it finds Washington residents from the community
college district are afforded substantially equivalent treatment
by such other states.
(3) Full-time students registered for more than eighteen
credit hours shall be charged an additional operating fee for
each credit hour in excess of eighteen hours at the applicable
established per credit hour tuition fee rate for part-time
students: PROVIDED, That, subject to the limitations of
RCW 28B.15.910, the governing boards of the state universities and the community colleges may exempt all or a portion
of the additional charge, for students who are registered
exclusively in first professional programs in medicine, dental
medicine, veterinary medicine, doctor of pharmacy, or law,
or who are registered exclusively in required courses in
vocational preparatory programs. [1999 c 321 § 2; 1998 c
75 § 1; 1995 1st sp.s. c 9 § 8; 1993 sp.s. c 18 § 7; 1992 c
231 § 6. Prior: 1985 c 390 § 18; 1985 c 370 § 67; 1982
1st ex.s. c 37 § 11; 1981 c 257 § 5; 1977 ex.s. c 322 § 2;
1977 ex.s. c 169 § 36; 1971 ex.s. c 279 § 5; 1969 ex.s. c
223 § 28B.15.100; prior: (i) 1967 ex.s. c 8 § 31, part.
Formerly RCW 28.85.310, part. (ii) 1963 c 181 § 1, part;
1961 ex.s. c 10 § 1, part; 1959 c 186 § 1, part; 1947 c 243
§ 1, part; 1945 c 187 § 1, part; 1933 c 169 § 1, part; 1931
c 48 § 1, part; 1921 c 139 § 1, part; 1919 c 63 § 1, part;
1915 c 66 § 2, part; RRS § 4546, part. Formerly RCW
28.77.030, part. (iii) 1963 c 180 § 1, part; 1961 ex.s. c 11
§ 1, part; 1949 c 73 § 1, part; 1931 c 49 § 1, part; 1921 c
164 § 1, part; Rem. Supp. 1949 § 4569, part. Formerly
RCW 28.80.030, part. (iv) 1967 c 47 § 10, part; 1965 ex.s.
c 147 § 1, part; 1963 c 143 § 1, part; 1961 ex.s. c 13 § 3,
part. Formerly RCW 28.81.080, part.]
[Title 28B RCW—page 67]
28B.15.100
Title 28B RCW: Higher Education
Intent—1999 c 321: "The legislature recognizes that certain tuition
policies may have an adverse impact on the unique role of community
colleges.
Therefore, it is the intent of the legislature to eliminate impediments
to the ability of community colleges to meet the diverse needs of students
and business interests." [1999 c 321 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
Severability—1977 ex.s. c 322: See note following RCW
28B.15.065.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
28B.15.110 Tuition and fees when joint program of
four year institutions—Supplemental fees, when. Where
students at any of the four year state colleges or universities
participate in a joint program undertaken by two or more of
such institutions, and which leads to a degree, the tuition and
fees assessed each student participating in such joint program
shall be equal.
The governing board at each state four year institution
shall, where the tuition and fees which it charges resident
students participating in a joint program falling within the
scope of this section would be less than those charged to any
such students from any other state four year institution who
participates in such joint program, impose a supplemental fee
upon its resident students so participating in order to make
the tuition and fees charged to them equal to the highest
amount charged to any other resident student from a state
four year institution who participates in the program. Such
governing board shall, where the tuition and fees which it
charges nonresident students participating in a joint program
falling within the scope of this section would be less than
those charged to any such students participating from any
other state four year institution who participates in such joint
program, impose a supplemental fee upon its nonresident
students so participating in order to make the tuition and fees
charged to them equal to the highest amount charged to any
other nonresident student from a state four year institution
who participates in the program. [1977 ex.s. c 126 § 1.]
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.15.210 Fees—University of Washington—
Disposition of building fees. Within thirty-five days from
the date of collection thereof, all building fees at the University of Washington, including building fees to be charged
students registering in the schools of medicine and dentistry,
shall be paid into the state treasury and credited as follows:
One-half or such larger portion as may be necessary to
prevent a default in the payments required to be made out of
the bond retirement fund, and in no event shall such one-half
[Title 28B RCW—page 68]
be less than twelve dollars and fifty cents per each resident
student per quarter, and thirty-seven dollars and fifty cents
per each nonresident student per quarter to the "University
of Washington bond retirement fund" and the remainder
thereof to the "University of Washington building account."
The sum so credited to the University of Washington building account shall be used exclusively for the purpose of
erecting, altering, maintaining, equipping, or furnishing
buildings except for any sums transferred as authorized in
RCW 28B.20.725(3). The sum so credited to the University
of Washington bond retirement fund shall be used for the
payment of principal of and interest on bonds outstanding as
provided by chapter 28B.20 RCW except for any sums
transferred as authorized in RCW 28B.20.725(5). [1985 c
390 § 20; 1969 ex.s. c 223 § 28B.15.210. Prior: 1963 c
224 § 1; 1959 c 193 § 7; 1957 c 254 § 6; 1947 c 243 § 2;
1945 c 187 § 2; 1939 c 156 § 1; 1933 c 169 § 2; 1921 c 139
§ 2; 1919 c 63 § 2; 1915 c 66 § 3; Rem. Supp. 1947 § 4547.
Formerly RCW 28.77.040.]
28B.15.220 Fees—University of Washington—
Disposition of special fees. All fees except building fees
shall be held by the board of regents as a revolving fund and
expended for the purposes for which collected and be
accounted for in accordance with law: PROVIDED, That
the board of regents shall have authority to place in a separate fund or funds any or all fees or rentals exacted for the
use of facilities of any dormitory, hospital, or infirmary
building, and the board of regents shall have authority to
pledge any or all such fees for the retirement of any bonds
that may be issued for the construction of such dormitory,
hospital, or infirmary building. [1985 c 390 § 21; 1969 ex.s.
c 223 § 28B.15.220. Prior: 1961 c 229 § 6; prior: (i) 1933
ex.s. c 24 § 1; 1921 c 139 § 3; 1919 c 63 § 3; 1915 c 66 §
4; RRS § 4548. (ii) 1947 c 64 § 2, part; 1933 ex.s. c 23 §
2, part; 1925 ex.s. c 91 § 2, part; Rem. Supp. 1947 § 45432, part. Formerly RCW 28.77.050.]
28B.15.225 Exemption from fees of schools of
medicine or dentistry at University of Washington—
Exemption from nonresident tuition fees differential for
participants in the Washington, Alaska, Montana, Idaho,
or Wyoming program at Washington State University.
Subject to the limitations of RCW 28B.15.910, the governing
board of the University of Washington may exempt the
following students from the payment of all or a portion of
the nonresident tuition fees differential: Students admitted
to the university’s school of medicine pursuant to contracts
with the states of Alaska, Montana, Idaho, or Wyoming, or
agencies thereof, providing for a program of regionalized
medical education conducted by the school of medicine; or
students admitted to the university’s school of dentistry
pursuant to contracts with the states of Utah, Idaho, or any
other western state which does not have a school of dentistry, or agencies thereof, providing for a program of
regionalized dental education conducted by the school of
dentistry. The proportional cost of the program, in excess of
resident student tuition and fees, will be reimbursed to the
university by or on behalf of participating states or agencies.
Subject to the limitations of RCW 28B.15.910, the governing
board of Washington State University may exempt from
(2002 Ed.)
College and University Fees
payment all or a portion of the nonresident tuition fees
differential for any student admitted to the University of
Washington’s school of medicine and attending Washington
State University as a participant in the Washington, Alaska,
Montana, Idaho, or Wyoming program in this section.
Washington State University may reduce the professional
student tuition for students enrolled in this program by the
amount the student pays the University of Washington as a
registration fee. [1997 c 50 § 1; 1993 sp.s. c 18 § 9; 1992
c 231 § 8; 1981 c 20 § 1; 1975 1st ex.s. c 105 § 1.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.310 Fees—Washington State University—
Disposition of building fees. Within thirty-five days from
the date of collection thereof, all building fees shall be paid
into the state treasury and credited to the Washington State
University bond retirement fund, one-half or such larger
portion as may be necessary to prevent a default in the
payments required to be made out of such bond retirement
fund; the remainder thereof to the Washington State University building account.
The sum so credited to the Washington State University
building account shall be expended by the board of regents
for buildings, equipment, or maintenance on the campus of
Washington State University as may be deemed most advisable and for the best interests of the university, except for
any sums transferred as authorized by law. Expenditures so
made shall be accounted for in accordance with existing law
and shall not be expended until appropriated by the legislature.
The sum so credited to the Washington State University
bond retirement fund shall be used to pay and secure the
payment of the principal of and interest on building bonds
issued by the university, except for any sums which may be
transferred out of such fund as authorized by law. [1985 c
390 § 22; 1969 ex.s. c 223 § 28B.15.310. Prior: 1961 ex.s.
c 11 § 2; 1935 c 185 § 1; 1921 c 164 § 2; RRS § 4570.
Formerly RCW 28.80.040.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.15.380 Exemption from payment of fees at
state universities, regional universities, and The Evergreen State College—Veterans and children of certain
law enforcement officers or fire fighters. Subject to the
limitations of RCW 28B.15.910, the governing boards of the
state universities, the regional universities, and The Evergreen State College may exempt the following students from
the payment of all or a portion of tuition fees and services
and activities fees:
(1) All veterans as defined in RCW 41.04.005: PROVIDED, That such persons are no longer entitled to federal
vocational or educational benefits conferred by virtue of their
military service: AND PROVIDED FURTHER, That if any
such veterans have not resided in this state for one year prior
to registration, the board may exempt the student from
paying up to fifty percent of the nonresident tuition fees
differential. Such exemptions may be provided only to those
(2002 Ed.)
28B.15.225
persons otherwise covered who were enrolled in universities
on or before October 1, 1977.
(2) Children of any law enforcement officer or fire
fighter who lost his or her life or became totally disabled in
the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this
state: PROVIDED, That such persons may receive the
exemption only if they begin their course of study at a statesupported college or university within ten years of their
graduation from high school. [1993 sp.s. c 18 § 10; 1992 c
231 § 9; 1990 c 154 § 1; 1985 c 390 § 23; 1979 c 82 § 1;
1977 ex.s. c 322 § 10; 1977 ex.s. c 169 § 37; 1973 1st ex.s.
c 191 § 1; 1971 ex.s. c 279 § 8; 1969 ex.s. c 269 § 8; 1969
ex.s. c 223 § 28B.15.380. Prior: (i) 1947 c 46 § 1; 1921 c
139 § 5; Rem. Supp. 1947 § 4550. Formerly RCW
28.77.070. (ii) 1921 c 164 § 4, part; RRS § 4572, part.
Formerly RCW 28.80.060, part.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—1979 c 82: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1979 c 82 § 3.]
Severability—1977 ex.s. c 322: See note following RCW
28B.15.065.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Effective date—1973 1st ex.s. c 191: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 191 § 4.]
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
"Totally disabled" defined for certain purposes: RCW 28B.15.385.
28B.15.385 "Totally disabled" defined for certain
purposes. For the purposes of RCW 28B.15.380,
28B.15.385, 28B.15.520 and *28B.40.361 the phrase "totally
disabled" as used in RCW 28B.15.380, 28B.15.520 and
*28B.40.361 shall mean a person who has become totally
and permanently disabled for life by bodily injury or disease,
and is thereby prevented from performing any occupation or
gainful pursuit. [1973 1st ex.s. c 191 § 5.]
*Reviser’s note: RCW 28B.40.361 was repealed by 1993 sp.s. c 18
§ 14, effective July 1, 1993.
Effective date—1973 1st ex.s. c 191: See note following RCW
28B.15.380.
28B.15.411 Fees—Installment payments. Each
institution of higher education, at its discretion, may offer
students an optional plan to pay in advance the building fees,
operating fees, and services and activities fees for any
quarter or semester in periodic installments, as established by
that institution of higher education. [1987 c 15 § 1; 1985 c
356 § 1.]
Effective date—1987 c 15: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1987." [1987 c 15 § 3.]
Report to legislature—1985 c 356: "Any institution of higher
education offering a payment plan under RCW 28B.15.411, shall report to
the legislature by January 1, 1988, about the effectiveness of the plan and
costs of administering the plan." [1985 c 356 § 3.]
[Title 28B RCW—page 69]
28B.15.450
Title 28B RCW: Higher Education
28B.15.450 Gender equity—Intent. The legislature
finds that the ratio of women to men in intercollegiate
athletics in Washington’s higher education system is inequitable. It is the intent of the legislature, through additional
tuition and fee waivers, to achieve gender equity in intercollegiate athletics. [1989 c 340 § 1.]
28B.15.455 Gender equity—Goals. Institutions of
higher education shall strive to accomplish the following
goals by June 30, 2002:
(1) Provide the following benefits and services equitably
to male and female athletes participating in intercollegiate
athletic programs: Equipment and supplies; medical services; services and insurance; transportation and per diem
allowances; opportunities to receive coaching and instruction;
scholarships and other forms of financial aid; conditioning
programs; laundry services; assignment of game officials;
opportunities for competition, publicity, and awards; and
scheduling of games and practice times, including use of
courts, gyms, and pools. Each institution which provides
showers, toilets, lockers, or training room facilities for
athletic purposes shall provide access to comparable facilities
for both males and females.
(2) Provide equitable intercollegiate athletic opportunities for male and female students including opportunities to
participate and to receive the benefits of the services listed
in subsection (1) of this section.
(3) Provide participants with female and male coaches
and administrators to act as role models. [1997 c 5 § 1;
1989 c 340 § 3.]
Effective date—1997 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 5 § 7.]
28B.15.460 Gender equity—Tuition and fee waivers—Institutional plan for underrepresented gender class.
(1) An institution of higher education shall not grant any
waivers for the purpose of achieving gender equity until the
1991-92 academic year, and may grant waivers for the purpose of achieving gender equity in intercollegiate athletic
programs as authorized in RCW 28B.15.740, for the 1991-92
academic year only if the institution’s governing board has
adopted a plan for complying with the provisions of RCW
28B.15.455 and submitted the plan to the higher education
coordinating board.
(2)(a) Beginning in the 1992-93 academic year, an
institution of higher education shall not grant any waiver for
the purpose of achieving gender equity in intercollegiate
athletic programs as authorized in RCW 28B.15.740 unless
the institution’s plan has been approved by the higher
education coordinating board.
(b) Beginning in the 1999-2000 academic year, an
institution that did not provide, by June 30, 1998, athletic
opportunities for an historically underrepresented gender
class at a rate that meets or exceeds the current rate at which
that class participates in high school athletics in Washington
state shall have a new institutional plan approved by the
higher education coordinating board before granting further
waivers.
(c) Beginning in the 2003-04 academic year, an institution of higher education that was not within five percent of
[Title 28B RCW—page 70]
the ratio of undergraduates described in RCW 28B.15.470 by
June 30, 2002, shall have a new plan for achieving gender
equity in intercollegiate athletic programs approved by the
higher education coordinating board before granting further
waivers.
(3) The plan shall include, but not be limited to:
(a) For any institution with an historically
underrepresented gender class described in subsection (2)(b)
of this section, provisions that ensure that by July 1, 2000,
the institution shall provide athletic opportunities for the
underrepresented gender class at a rate that meets or exceeds
the current rate at which that class participates in high school
interscholastic athletics in Washington state not to exceed the
point at which the underrepresented gender class is no longer
underrepresented;
(b) For any institution with an underrepresented gender
class described in subsection (2)(c) of this section, provisions
that ensure that by July 1, 2004, the institution will have
reached substantial proportionality in its athletic program;
(c) Activities to be undertaken by the institution to
increase participation rates of any underrepresented gender
class in interscholastic and intercollegiate athletics. These
activities may include, but are not limited to: Sponsoring
equity conferences, coaches clinics and sports clinics; and
taking a leadership role in working with athletic conferences
to reduce barriers to participation by those gender classes in
interscholastic and intercollegiate athletics;
(d) An identification of barriers to achieving and
maintaining equitable intercollegiate athletic opportunities for
men and women; and
(e) Measures to achieve institutional compliance with
the provisions of RCW 28B.15.455. [1997 c 5 § 2; 1989 c
340 § 4.]
Effective date—1997 c 5: See note following RCW 28B.15.455.
28B.15.465 Gender equity—Reports. (1) The higher
education coordinating board shall report every four years,
beginning December 1998, to the governor and the house of
representatives and senate committees on higher education,
on institutional efforts to comply with the requirements of
RCW 28B.15.740, 28B.15.455, and 28B.15.460. Each report
shall include recommendations on measures to assist institutions with compliance.
(2) Before the board makes its report in December
2006, the board shall assess the extent of institutional
compliance with the requirements of RCW 28B.15.740,
28B.15.455, and 28B.15.460.
(3) The report in this section may be combined with the
report required in RCW 28B.110.040(3). [1997 c 5 § 3;
1989 c 340 § 5.]
Effective date—1997 c 5: See note following RCW 28B.15.455.
28B.15.470 Gender equity—"Underrepresented
gender class," "equitable" defined. (1) As used in and for
the limited purposes of RCW 28B.15.450 through
28B.15.465 and 28B.15.740, "underrepresented gender class"
means female students or male students, where the ratio of
participation of female or male students who are seventeen
to twenty-four year old undergraduates enrolled full-time on
the main campus, respectively, in intercollegiate athletics has
historically been less than approximately the ratio of female
(2002 Ed.)
College and University Fees
to male students or male to female students, respectively,
enrolled as undergraduates at an institution.
(2) As used in and for the limited purpose of RCW
28B.15.460(3)(a), an "underrepresented gender class" in
interscholastic athletics means female students or male
students, where the ratio of participation of female or male
students, respectively, in K-12 interscholastic athletics has
historically been less than approximately the ratio of female
to male students or male to female students, respectively,
enrolled in K-12 public schools in Washington.
(3) As used in and for the limited purposes of RCW
28B.15.460, "equitable" means that the ratio of female and
male students participating in intercollegiate athletics is
substantially proportionate to the percentages of female and
male students who are seventeen to twenty-four year old
undergraduates enrolled full time on the main campus.
[1997 c 5 § 4; 1989 c 340 § 6.]
Effective date—1997 c 5: See note following RCW 28B.15.455.
28B.15.475 Gender equity—Construction—1989 c
340. Nothing in this act shall be construed to excuse any
institution from any more stringent requirement to achieve
gender equity imposed by law, nor to permit any institution
to decrease participation of any underrepresented gender
class. [1989 c 340 § 7.]
28B.15.515 Community colleges—State-funded
enrollment levels—Summer school—Enrollment level
variances. (1) The boards of trustees of the community
college districts may operate summer schools on either a
self-supporting or a state-funded basis.
If summer school is operated on a self-supporting basis,
the fees charged shall be retained by the colleges, and shall
be sufficient to cover the direct costs, which are instructional
salaries and related benefits, supplies, publications, and
records.
Community colleges that have self-supporting summer
schools shall continue to receive general fund state support
for vocational programs that require that students enroll in a
four quarter sequence of courses that includes summer
quarter due to clinical or laboratory requirements and for
ungraded courses limited to adult basic education, vocational
apprenticeship, aging and retirement, small business management, industrial first aid, and parent education.
(2) The board of trustees of a community college district
may permit the district’s state-funded, full-time equivalent
enrollment level, as provided in the omnibus state appropriations act, to vary. If the variance is above the state-funded
level, the district may charge those students above the statefunded level a fee equivalent to the amount of tuition and
fees that are charged students enrolled in state-funded
courses. These fees shall be retained by the colleges.
(3) The state board for community and technical
colleges shall ensure compliance with this section. [1993
sp.s. c 18 § 13; 1993 sp.s. c 15 § 8; 1991 c 353 § 1.]
Reviser’s note: This section was amended by 1993 sp.s. c 15 § 8 and
by 1993 sp.s. c 18 § 13, each without reference to the other. Both
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
(2002 Ed.)
28B.15.470
Findings—Effective date—1993 sp.s. c 15: See notes following
RCW 28B.10.776.
Effective date—1991 c 353: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 15,
1991." [1991 c 353 § 3.]
28B.15.520 Waiver of fees and nonresident tuition
fees differential—Community colleges. Subject to the
limitations of RCW 28B.15.910, the governing boards of the
community colleges may:
(1) Waive all or a portion of tuition fees and services
and activities fees for:
(a) Students nineteen years of age or older who are
eligible for resident tuition and fee rates as defined in RCW
28B.15.012 through 28B.15.015 and who enroll in a course
of study or program which will enable them to finish their
high school education and obtain a high school diploma or
certificate; and
(b) Children of any law enforcement officer or fire
fighter who lost his or her life or became totally disabled in
the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this
state: PROVIDED, That such persons may receive the
waiver only if they begin their course of study at a community college within ten years of their graduation from high
school;
(2) Waive all or a portion of the nonresident tuition fees
differential for:
(a) Nonresident students enrolled in a community
college course of study or program which will enable them
to finish their high school education and obtain a high school
diploma or certificate. The waiver shall be in effect only for
those courses which lead to a high school diploma or
certificate; and
(b) Up to forty percent of the students enrolled in the
regional education program for deaf students, subject to
federal funding of such program. [1993 sp.s. c 18 § 16;
1992 c 231 § 12; 1990 c 154 § 2; 1987 c 390 § 1. Prior:
1985 c 390 § 26; 1985 c 198 § 1; 1982 1st ex.s. c 37 § 8;
1979 ex.s. c 148 § 1; 1973 1st ex.s. c 191 § 2; 1971 ex.s. c
279 § 12; 1970 ex.s. c 59 § 8; 1969 ex.s. c 261 § 29.
Formerly RCW 28.85.310, part.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Effective date—1973 1st ex.s. c 191: See note following RCW
28B.15.380.
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
Severability—1970 ex.s. c 59: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 59 § 11.]
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
GED test, eligibility: RCW 28A.305.190.
"Totally disabled" defined for certain purposes: RCW 28B.15.385.
28B.15.522 Waiver of tuition and fees for long-term
unemployed or underemployed persons—Community
[Title 28B RCW—page 71]
28B.15.522
Title 28B RCW: Higher Education
colleges. (1) The governing boards of the community
colleges may waive all or a portion of the tuition and
services and activities fees for persons under subsection (2)
of this section pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in
courses on a space available basis and new course sections
shall not be created as a result of the registration;
(b) Enrollment information on persons registered
pursuant to this section shall be maintained separately from
other enrollment information and shall not be included in
official enrollment reports, nor shall such persons be
considered in any enrollment statistics which would affect
budgetary determinations; and
(c) Persons who enroll under this section shall have the
same access to support services as do all other students and
shall be subject to all course prerequisite requirements.
(2) A person is eligible for the waiver under subsection
(1) of this section if the person:
(a) Meets the requirements for a resident student under
RCW 28B.15.011 through 28B.15.015;
(b) Is twenty-one years of age or older;
(c) At the time of initial enrollment under subsection (1)
of this section, has not attended an institution of higher
education for the previous six months;
(d) Is not receiving or is not entitled to receive unemployment compensation of any nature under Title 50 RCW;
and
(e) Has an income at or below the need standard
established under chapter 74.04 RCW by the department of
social and health services.
(3) The state board for community and technical
colleges shall adopt rules to carry out this section. [1993
sp.s. c 18 § 17; 1992 c 231 § 13; 1985 c 390 § 27; 1984 c
50 § 2.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Intent—1984 c 50: "The legislature finds that providing educational
opportunities to the long-term unemployed and underemployed is a valuable
incentive to these individuals to reestablish themselves as contributing
members of society. To this end, the legislature finds that creating the
opportunity for these people to attend the state’s community colleges on a
space available basis, without charge, will provide the impetus for selfimprovement without drawing upon the limited resources of the state or its
institutions." [1984 c 50 § 1.]
Severability—1984 c 50: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 50 § 4.]
28B.15.524 Community college international student
exchange program. The community college international
student exchange program is hereby established. [1987 c 12
§ 1.]
28B.15.526 Community college international student
exchange program—Resident tuition for participants
authorized. The legislature intends to permit the governing
boards of the community colleges to charge resident tuition
and fees for students of foreign nations who are participants
in the international student exchange program. [1987 c 12
§ 2.]
[Title 28B RCW—page 72]
28B.15.527 Waiver of nonresident tuition fees
differential for students of foreign nations—Community
colleges. Subject to the limitations of RCW 28B.15.910, the
governing boards of the community colleges may waive all
or a portion of the nonresident tuition fees differential for
undergraduate students of foreign nations as follows:
(1) Priority in the awarding of waivers shall be given to
students on academic exchanges and students participating in
special programs recognized through formal agreements
between states, cities, or institutions;
(2) The waiver programs under this section shall
promote reciprocal placements and waivers in foreign nations
for Washington residents. The number of foreign students
granted waivers through this program shall not exceed the
number of that institution’s own students enrolled in approved study programs abroad during the same period;
(3) No reciprocal placements shall be required for up to
thirty students participating in the Georgetown University
scholarship program funded by the United States agency for
international development;
(4) Participation shall be limited to one hundred fulltime foreign students each year. [1993 sp.s. c 18 § 18; 1992
c 231 § 14; 1989 c 245 § 5; 1987 c 12 § 3.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Analyses—1989 c 245: See note following RCW 28B.15.070.
28B.15.540 Waiver of tuition and fees for residents
sixty years of age or older—Limitations. Consistent with
the regulations and procedures established by the governing
boards of the state universities, the regional universities, and
The Evergreen State College and the state board for community and technical colleges, each institution may for Washington residents who are sixty years of age or older:
(1) Waive, in whole or in part, the tuition and services
and activities fees for students who qualify under this section
and who are enrolled for credit, and
(2) Waive, in whole or in part, the tuition and services
and activities fees for students who qualify under this
section, but charge a nominal fee not to exceed five dollars
per quarter, or semester, as the case may be, for such
students who are enrolled on an audit basis: PROVIDED,
That residents enrolling with fee exemptions under this
section shall register for not more than two quarter or
semester courses at one time on a space available basis, and
no new course sections shall be created as a direct result of
such registration: PROVIDED FURTHER, That such
waivers shall not be available to students who plan to use
the course credits gained thereby for increasing credentials
or salary schedule increases: PROVIDED FURTHER, That
enrollment information concerning fee exemptions awarded
under this section shall be maintained separately from other
enrollment information but shall not be included in official
enrollment reports: PROVIDED, That persons who enroll
pursuant to provisions of this section shall not be considered
for any purpose in determining student-teacher ratio, nor for
any purpose relating to enrollment totals, nor any other
statistic which would affect budgetary determinations.
Persons enrolling under the provisions of this section shall
have, in equal with all other students, access to course
(2002 Ed.)
College and University Fees
counseling services and shall be subject to all course
prerequisite requirements. [1992 c 231 § 16; 1985 c 390 §
29; 1975 1st ex.s. c 157 § 2.]
Effective date—1992 c 231: See note following RCW 28B.10.016.
Purpose—1975 1st ex.s. c 157: "In recognition of the worthwhile
goal of making education a life-long process, it is the declared desire of the
legislature to promote the availability of postsecondary education for the
state’s older residents." [1975 1st ex.s. c 157 § 1.]
28B.15.543 Waiver or grant of tuition and fees for
recipients of the Washington scholars award—
Qualifications. (1) Subject to the limitations of RCW
28B.15.910, the governing boards of the state universities,
the regional universities, The Evergreen State College, and
the community colleges shall waive tuition and service and
activities fees for students named by the higher education
coordinating board on or before June 30, 1994, as recipients
of the Washington scholars award under RCW 28A.600.100
through 28A.600.150. The waivers shall be used only for
undergraduate studies. To qualify for the waiver, recipients
shall enter the college or university within three years of
high school graduation and maintain a minimum grade point
average at the college or university equivalent to 3.30.
Students shall be eligible to receive a maximum of twelve
quarters or eight semesters of waivers and may transfer
among state-supported institutions of higher education during
that period and continue to have the tuition and services and
activities fees waived by the state-supported institution of
higher education that the student attends. Should the
student’s cumulative grade point average fall below 3.30
during the first three quarters or two semesters, that student
may petition the higher education coordinating board which
shall have the authority to establish a probationary period
until such time as the student’s grade point average meets
required standards.
(2) Students named by the higher education coordinating
board after June 30, 1994, as recipients of the Washington
scholars award under RCW 28A.600.100 through
28A.600.150 shall be eligible to receive a grant for undergraduate course work as authorized under RCW 28B.80.245.
[1995 1st sp.s. c 5 § 2; 1993 sp.s. c 18 § 19; 1992 c 231 §
17; 1990 c 33 § 558; 1987 c 465 § 2. Prior: 1985 c 390 §
30; 1985 c 370 § 68; 1985 c 341 § 16; 1984 c 278 § 17.]
Severability—Effective date—1995 1st sp.s. c 5: See notes
following RCW 28A.600.130.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Application—1987 c 465 § 2: "The amendments to RCW
28B.15.543 by section 2, chapter 465, Laws of 1987 shall apply to persons
holding the Washington scholars award as of July 26, 1987, as well as
persons holding the award after July 26, 1987." [1987 c 465 § 3.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1984 c 278: See note following RCW 28A.185.010.
28B.15.544 Waiver of nonresident tuition fees
differential for western undergraduate exchange program
students. Subject to the limitations of RCW 28B.15.910,
the governing boards of Washington State University,
Eastern Washington University, and Central Washington
(2002 Ed.)
28B.15.540
University may waive all or a portion of the difference
between fifty percent of the resident tuition and fees amount
and the nonresident tuition fees differential for nonresident
students who enroll under the western interstate commission
for higher education western undergraduate exchange
program. [1999 c 344 § 2.]
Findings—Intent—1999 c 344: "The legislature finds that policies
that encourage regional planning and access to higher education benefit both
the students and the state. Such policies improve access, reduce unnecessary duplication, and make higher education more cost-effective. The
western undergraduate exchange program, coordinated by the western
interstate commission for higher education is a program through which
students in participating states may enroll in designated institutions in other
participating states at a special, reduced tuition level. During the 1998-99
school year institutions in fifteen western states participated in the western
undergraduate exchange program, including Washington’s bordering states
of Oregon and Idaho. Eastern Washington University participated on a pilot
basis. It is the intent of the legislature to permit Washington’s institutions
of higher education to participate in the western undergraduate exchange
program." [1999 c 344 § 1.]
28B.15.545 Waiver of tuition and fees for recipients
of the Washington award for vocational excellence—
Grants. (1) Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges shall waive tuition and services and activities fees
for a maximum of two years for those recipients of the
Washington award for vocational excellence established
under RCW 28C.04.520 through 28C.04.540 who received
their awards before June 30, 1994. Each recipient shall not
receive a waiver for more than six quarters or four semesters. To qualify for the waiver, recipients shall enter the
college or university within three years of receiving the
award. A minimum grade point average at the college or
university equivalent to 3.00, or an above-average rating at
a technical college, shall be required in the first year to
qualify for the second-year waiver. The tuition waiver shall
be granted for undergraduate studies only.
(2) Students named by the work force training and
education coordinating board after June 30, 1994, as recipients of the Washington award for vocational excellence
under RCW 28C.04.520 through 28C.04.550 shall be eligible
to receive a grant for undergraduate course work as authorized under RCW 28B.80.272. [1995 1st sp.s. c 7 § 7; 1993
sp.s. c 18 § 20; 1992 c 231 § 18; 1987 c 231 § 1; 1985 c
390 § 31; 1984 c 267 § 6.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.546 Second-year waiver of tuition and fees
for recipients of the Washington award for vocational
excellence. Students receiving the Washington award for
vocational excellence in 1987 and thereafter are eligible for
a second-year waiver. [1987 c 231 § 5.]
28B.15.555 Waiver of tuition and fees for students
of foreign nations—Intent. The legislature intends to
permit the governing boards of the four-year institutions of
higher education to waive tuition and fees for certain students of foreign nations. To the greatest extent possible,
[Title 28B RCW—page 73]
28B.15.555
Title 28B RCW: Higher Education
students chosen for these waivers and for the institutions’
own approved study abroad programs shall reflect the range
of socioeconomic and ethnic characteristics of the students’
institutions and native countries. [1986 c 232 § 1.]
28B.15.556 Waiver of tuition and fees for students
of foreign nations—Authorized—Limitations. Subject to
the limitations of RCW 28B.15.910, the governing boards of
the state universities, the regional universities, and The
Evergreen State College may waive all or a portion of the
tuition, and services and activities fees for undergraduate or
graduate students of foreign nations subject to the following
limitations:
(1) No more than the equivalent of one hundred waivers
may be awarded to undergraduate or graduate students of
foreign nations at each of the two state universities;
(2) No more than the equivalent of twenty waivers may
be awarded to undergraduate or graduate students of foreign
nations at each of the regional universities and The Evergreen State College;
(3) Priority in the awarding of waivers shall be given to
students on academic exchanges or academic special programs sponsored by recognized international educational
organizations; and
(4) An undergraduate or graduate student of a foreign
nation receiving a waiver under this section is not eligible
for any other waiver.
The waiver programs under this section, to the greatest
extent possible, shall promote reciprocal placements and
waivers in foreign nations for Washington residents. The
number of waivers awarded by each institution shall not
exceed the number of that institution’s own students enrolled
in approved study programs abroad during the same period.
[1993 sp.s. c 18 § 21; 1992 c 231 § 19; 1986 c 232 § 2.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.558 Waiver of tuition and fees for state
employees and Washington national guard members. (1)
The governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges may waive all or a portion of the tuition and
services and activities fees for state employees as defined
under subsection (2) of this section and members of the
Washington national guard. The enrollment of these persons
is pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in
courses on a space available basis and no new course
sections shall be created as a result of the registration;
(b) Enrollment information on persons registered
pursuant to this section shall be maintained separately from
other enrollment information and shall not be included in
official enrollment reports, nor shall such persons be
considered in any enrollment statistics that would affect
budgetary determinations; and
(c) Persons registering on a space available basis shall
be charged a registration fee of not less than five dollars.
(2) For the purposes of this section, "state employees"
means persons employed half-time or more in one or more
of the following employee classifications:
[Title 28B RCW—page 74]
(a) Permanent employees in classified service under
chapter 41.06 RCW;
(b) Permanent employees governed by chapter 41.56
RCW pursuant to the exercise of the option under *RCW
41.56.201;
(c) Permanent classified employees and exempt paraprofessional employees of technical colleges; and
(d) Faculty, counselors, librarians, and exempt professional and administrative employees at institutions of higher
education as defined in RCW 28B.10.016.
(3) In awarding waivers, an institution of higher
education may award waivers to eligible persons employed
by the institution before considering waivers for eligible
persons who are not employed by the institution.
(4) If an institution of higher education exercises the
authority granted under this section, it shall include all
eligible state employees and members of the Washington
national guard in the pool of persons eligible to participate
in the program.
(5) In establishing eligibility to receive waivers, institutions of higher education may not discriminate between
full-time employees and employees who are employed
half-time or more. [1997 c 211 § 1; 1996 c 305 § 3; 1992
c 231 § 20; 1990 c 88 § 1.]
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Effective date—1996 c 305 § 3: "Section 3 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [March 30, 1996]." [1996 c 305 § 4.]
Severability—1996 c 305: See note following RCW 28B.85.020.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.600 Refunds or cancellation of fees—Fouryear institutions of higher education. The governing
boards of the state universities, the regional universities, and
The Evergreen State College may refund or cancel in full the
tuition and services and activities fees if the student withdraws from a university or college course or program prior
to the sixth day of instruction of the quarter or semester for
which the fees have been paid or are due. If the student
withdraws on or after the sixth day of instruction, the
governing boards may refund or cancel up to one-half of the
fees, provided such withdrawal occurs within the first thirty
calendar days following the beginning of instruction.
However, if a different policy is required by federal law in
order for the institution of higher education to maintain eligibility for federal funding of programs, the governing board
may adopt a refund policy that meets the minimum requirements of the federal law, and the policy may treat all
students attending the institution in the same manner.
The governing boards of the respective universities and
college may adopt rules for the refund of tuition and fees for
courses or programs that begin after the start of the regular
quarter or semester. The governing boards may adopt rules
to comply with *RCW 28B.15.623 and may extend the refund or cancellation period for students who withdraw for
medical reasons or who are called into the military service
of the United States and may refund other fees pursuant to
such rules as they may prescribe. [1995 c 36 § 1; 1993 sp.s.
c 18 § 22; 1991 c 164 § 5; 1985 c 390 § 32; 1983 c 256 §
1; 1977 ex.s. c 169 § 40; 1973 1st ex.s. c 46 § 2; 1971 ex.s.
(2002 Ed.)
College and University Fees
c 279 § 15; 1969 ex.s. c 223 § 28B.15.600. Prior: 1963 c
89 § 1. Formerly RCW 28.76.430.]
*Reviser’s note: RCW 28B.15.623 expired June 30, 1997, pursuant
to 1994 c 208 § 3.
Effective date—1995 c 36: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 13, 1995]." [1995 c 36 § 3.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
28B.15.605 Refunds or cancellation of fees—
Community colleges and technical colleges. (1) The
governing boards of the community colleges and technical
colleges shall refund or cancel up to one hundred percent but
no less than eighty percent of the tuition and services and
activities fees if the student withdraws from a college course
or program before the sixth day of instruction of the regular
quarter for which the fees have been paid or are due. If the
student withdraws on or after the sixth day of instruction, the
governing boards shall refund or cancel up to fifty percent
but no less than forty percent of the fees provided such
withdrawal occurs within the first twenty calendar days
following the beginning of instruction. However, if a different policy is required by federal law in order for the college
to maintain eligibility for federal funding of programs, the
governing board may adopt a refund policy that meets the
minimum requirements of the federal law and the policy may
treat all students attending the institution in the same
manner.
(2) The governing boards of the respective community
college or technical college shall adopt rules consistent with
subsection (1) of this section for the refund of tuition and
fees for the summer quarter and for courses or programs that
begin after the start of the regular quarter.
(3) The governing boards of community colleges and
technical colleges may adopt rules to comply with *RCW
28B.15.623 and may extend the refund or cancellation period
for students who withdraw for medical reasons or who are
called into the military service of the United States. [1995
c 36 § 2.]
28B.15.600
and the regional universities may exempt the following
students from paying all or a portion of the resident operating fee and the technology fee: Students granted a graduate
service appointment, designated as such by the institution,
involving not less than twenty hours of work per week. The
exemption shall be for the term of the appointment. [1996
c 142 § 3; 1993 sp.s. c 18 § 23; 1992 c 231 § 21; 1984 c
105 § 1.]
Severability—Effective date—1996 c 142: See notes following
RCW 28B.15.031.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.620 Exemption from tuition and fees
increase at institutions of higher education—Vietnam
veterans. (1) The legislature finds that military and naval
veterans who have served their country in wars on foreign
soil have risked their own lives to defend both the lives of
all Americans and the freedoms that define and distinguish
our nation. The legislature also finds that veterans of the
Vietnam conflict suffered during and after the war as the
country anguished over its involvement in the conflict. It is
the intent of the legislature to honor Vietnam veterans for
the public service they have provided to their country. It is
the further intent of the legislature that, for eligible Vietnam
veterans, colleges and universities waive tuition and fee
increases that have occurred since October 1, 1977.
(2) Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges may exempt veterans of the Vietnam conflict
who have served in the southeast Asia theater of operations
from the payment of all or a portion of any increase in
tuition and fees that occur after October 1, 1977, if the
veteran qualifies as a resident student under RCW
28B.15.012.
(3) For the purposes of this section, "veterans of the
Vietnam conflict" shall be those persons who have been on
active federal service as a member of the armed military or
naval forces of the United States between a period commencing August 5, 1964, and ending on May 7, 1975.
[1999 c 82 § 1; 1995 c 349 § 1; 1994 c 208 § 1; 1993 sp.s.
c 18 § 24; 1992 c 231 § 22; 1989 c 306 § 4; 1983 c 307 §
1; 1979 ex.s. c 83 § 1; 1977 ex.s. c 322 § 9; 1972 ex.s. c
149 § 3; 1971 ex.s. c 279 § 22.]
28B.15.610 Voluntary fees of students. The provisions of this chapter shall not apply to or affect any student
fee or charge which the students voluntarily maintain upon
themselves for student purposes only. [1969 ex.s. c 223 §
28B.15.610. Prior: 1915 c 66 § 8; RRS § 4552. Formerly
RCW 28.77.065.]
Effective date—1999 c 82: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 22, 1999]." [1999 c 82 § 4.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—1977 ex.s. c 322: See note following RCW
28B.15.065.
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
28B.15.615 Exemption from resident operating fees
and technology fees for persons holding graduate service
appointments. Subject to the limitations of RCW
28B.15.910, the governing boards of the state universities
28B.15.625 Persian Gulf veterans—Private higher
education institutions—Tuition refund encouraged.
Private vocational schools and private higher education institutions are encouraged to provide students deployed either to
*Reviser’s note: RCW 28B.15.623 expired June 30, 1997, pursuant
to 1994 c 208 § 3.
Effective date—1995 c 36: See note following RCW 28B.15.600.
(2002 Ed.)
[Title 28B RCW—page 75]
28B.15.625
Title 28B RCW: Higher Education
the Persian Gulf combat zone, as designated by the president
of the United States through executive order, or in another
location in support of the Persian Gulf combat zone, with the
choice of tuition refunds or one free term, as provided under
RCW 28B.10.017 and *28B.15.623 for public higher
education institutions. [1991 c 164 § 10.]
*Reviser’s note: RCW 28B.15.623 expired June 30, 1997, pursuant
to 1994 c 208 § 3.
28B.15.628 Waiver of tuition and fees increases at
institutions of higher education—Persian Gulf veterans.
(1) The legislature finds that military and naval veterans who
have served their country in wars on foreign soil have risked
their own lives to defend both the lives of all Americans and
the freedoms that define and distinguish our nation. It is the
intent of the legislature to honor Persian Gulf combat zone
veterans for the public service they have provided to their
country. It is the further intent of the legislature that, for
eligible Persian Gulf combat zone veterans, institutions of
higher education waive tuition and fee increases that have
occurred after the 1990-91 academic year.
(2) Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges may exempt veterans of the Persian Gulf combat
zone from all or a portion of increases in tuition and fees
that occur after the 1990-91 academic year, if the veteran
could have qualified as a Washington resident student under
RCW 28B.15.012(2), had he or she been enrolled as a
student on August 1, 1990.
(3) For the purposes of this section, "a veteran of the
Persian Gulf combat zone" means a person who served on
active duty in the armed forces of the United States during
any portion of the 1991 calendar year in the Persian Gulf
combat zone as designated by executive order of the president of the United States. [1999 c 82 § 2; 1996 c 169 § 1;
1994 c 208 § 2; 1993 sp.s. c 18 § 25; 1992 c 231 § 23; 1991
c 228 § 14.]
Effective date—1999 c 82: See note following RCW 28B.15.620.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
28B.15.629 Tuition waivers at technical colleges—
Vietnam veterans—Persian Gulf veterans. Technical
colleges are encouraged to provide veterans of the Vietnam
conflict as defined in RCW 28B.15.620 and veterans of the
Persian Gulf combat zone as defined in RCW 28B.15.628
with tuition waivers. [1999 c 82 § 3.]
Effective date—1999 c 82: See note following RCW 28B.15.620.
28B.15.700 Nonresident tuition fees—Exemption
under Western regional higher education compact
contracts. See RCW 28B.70.050.
28B.15.725 Home tuition programs. (1) The
governing boards of the state universities, the regional
universities, and The Evergreen State College may establish
home tuition programs by negotiating home tuition agreements with an out-of-state institution or consortium of
[Title 28B RCW—page 76]
institutions of higher education if no loss of tuition and fee
revenue occurs as a result of the agreements.
(2) Home tuition agreements allow students at Washington state institutions of higher education to attend an out-ofstate institution of higher education as part of a student
exchange. Students participating in a home tuition program
shall pay an amount equal to their regular, full-time tuition
and required fees to either the Washington institution of
higher education or the out-of-state institution of higher
education depending upon the provisions of the particular
agreement. Payment of course fees in excess of generally
applicable tuition and required fees must be addressed in
each home tuition agreement to ensure that the instructional
programs of the Washington institution of higher education
do not incur additional uncompensated costs as a result of
the exchange.
(3) Student participation in a home tuition agreement
authorized by this section is limited to one academic year.
(4) Students enrolled under a home tuition agreement
shall reside in Washington state for the duration of the
program, may not use the year of enrollment under this
program to establish Washington state residency, and are not
eligible for state financial aid. [1997 c 433 § 4; 1994 c 234
§ 1; 1993 sp.s. c 18 § 26; 1992 c 231 § 24; 1989 c 290 § 2.]
Intent—1997 c 433: "It is the intent of the legislature to provide for
diverse educational opportunities at the state’s institutions of higher
education and to facilitate student participation in educational exchanges
with institutions outside the state of Washington. To accomplish this, this
act establishes a home tuition program allowing students at Washington
state institutions of higher education to take advantage of out-of-state and
international educational opportunities while paying an amount equal to their
regularly charged tuition and required fees." [1997 c 433 § 1.]
Severability—1997 c 433: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 433 § 6.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Intent—1989 c 290; 1994 c 234: "The legislature recognizes that a
unique educational experience can result from an undergraduate student
attending an out-of-state institution. It also recognizes that some Washington residents may be unable to pursue such out-of-state enrollment owing
to their limited financial resources and the higher cost of nonresident tuition.
The legislature intends to facilitate expanded nonresident undergraduate
enrollment opportunities for residents of the state by authorizing the
governing boards of the four-year institutions of higher education to enter
into exchange programs with other states’ institutions with comparable
programs wherein the participating institutions agree that visiting undergraduate students will pay resident tuition rates of the host institutions." [1994
c 234 § 2; 1989 c 290 § 1.]
28B.15.730 Waiver of nonresident tuition fees
differential—Washington/Oregon reciprocity program.
Subject to the limitations of RCW 28B.15.910, the state
board for community and technical colleges and the governing boards of the state universities, the regional universities,
the community colleges, and The Evergreen State College
may waive all or a portion of the nonresident tuition fees
differential for residents of Oregon, upon completion of and
to the extent permitted by an agreement between the higher
education coordinating board and appropriate officials and
agencies in Oregon granting similar waivers for residents of
the state of Washington. [1993 sp.s. c 18 § 27; 1992 c 231
§ 25; 1985 c 370 § 69; 1983 c 104 § 1; 1979 c 80 § 1.]
(2002 Ed.)
College and University Fees
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1979 c 80: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 80 § 5.]
28B.15.732 Washington/Oregon reciprocity tuition
and fee program—Reimbursement when greater net
revenue loss. Prior to January 1 of each odd-numbered year
the higher education coordinating board, in cooperation with
the *state board for community college education, and in
consultation with appropriate agencies and officials in the
state of Oregon, shall determine for the purposes of RCW
28B.15.730 the number of students for whom nonresident
tuition and fees have been waived for the first academic year
of the biennium and the fall term of the second academic
year, and make an estimate of the number of such students
for the remainder of the second academic year, and the
difference between the aggregate amount of tuition and fees
that would have been paid to the respective states by
residents of the other state had such waivers not been made,
and the aggregate amount of tuition and fees paid by
residents of the other state. Should the board determine that
the state of Oregon has experienced a greater net tuition and
fee revenue loss than institutions in Washington, it shall pay
from funds appropriated for this purpose to the appropriate
agency or institutions in Oregon an amount determined by
subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue loss of Oregon,
minus twenty-five thousand dollars for each year of the biennium: PROVIDED, That appropriate officials in the state of
Oregon agree to make similar restitution to the state of
Washington should the net tuition and fee revenue loss in
Washington be greater than that in Oregon. [1985 c 370 §
70; 1979 c 80 § 2.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1979 c 80: See note following RCW 28B.15.730.
28B.15.734 Washington/Oregon reciprocity tuition
and fee program—Implementation agreement. The
higher education coordinating board may enter into an
agreement with appropriate officials or agencies in Oregon
to implement the provisions of RCW 28B.15.730 through
28B.15.734. [1985 c 370 § 71; 1979 c 80 § 3.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1979 c 80: See note following RCW 28B.15.730.
28B.15.736 Washington/Oregon reciprocity tuition
and fee program—Program review. By January 10 of
each odd-numbered year, the higher education coordinating
board shall review the costs and benefits of this program and
shall transmit copies of their review to the governor and the
(2002 Ed.)
28B.15.730
appropriate policy and fiscal committees of the legislature.
[1985 c 370 § 72; 1983 c 104 § 2; 1979 c 80 § 4.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1979 c 80: See note following RCW 28B.15.730.
28B.15.740 Limitation on total tuition and fee
waivers. (1) Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges may waive all or a portion of tuition and fees for
needy students who are eligible for resident tuition and fee
rates pursuant to RCW 28B.15.012 and 28B.15.013. Subject
to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, The
Evergreen State College, and the community colleges may
waive all or a portion of tuition and fees for other students
at the discretion of the governing boards, except on the basis
of participation in intercollegiate athletic programs, not to
exceed three-fourths of one percent of gross authorized
operating fees revenue under RCW 28B.15.910 for the
community colleges considered as a whole and not to exceed
two percent of gross authorized operating fees revenue for
the other institutions of higher education.
(2) In addition to the tuition and fee waivers provided
in subsection (1) of this section and subject to the provisions
of RCW 28B.15.455, 28B.15.460, and 28B.15.910, a total
dollar amount of tuition and fee waivers awarded by any
state university, regional university, or state college under
this chapter, not to exceed one percent, as calculated in
subsection (1) of this section, may be used for the purpose
of achieving or maintaining gender equity in intercollegiate
athletic programs. At any institution that has an
underrepresented gender class in intercollegiate athletics, any
such waivers shall be awarded:
(a) First, to members of the underrepresented gender
class who participate in intercollegiate athletics, where such
waivers result in saved or displaced money that can be used
for athletic programs for the underrepresented gender class.
Such saved or displaced money shall be used for programs
for the underrepresented gender class; and
(b) Second, (i) to nonmembers of the underrepresented
gender class who participate in intercollegiate athletics,
where such waivers result in saved or displaced money that
can be used for athletic programs for members of the
underrepresented gender class. Such saved or displaced
money shall be used for programs for the underrepresented
gender class; or (ii) to members of the underrepresented
gender class who participate in intercollegiate athletics,
where such waivers do not result in any saved or displaced
money that can be used for athletic programs for members
of the underrepresented gender class. [1997 c 207 § 1; 1995
1st sp.s. c 9 § 9; 1993 sp.s. c 18 § 28; 1992 c 231 § 26;
1989 c 340 § 2; 1986 c 232 § 3; 1985 c 390 § 33; 1982 1st
ex.s. c 37 § 9; 1980 c 62 § 1; 1979 ex.s. c 262 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
[Title 28B RCW—page 77]
28B.15.740
Title 28B RCW: Higher Education
Severability—1979 ex.s. c 262: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 262 § 5.]
28B.15.750 Waiver of nonresident tuition fees
differential—Washington/Idaho reciprocity program.
Subject to the limitations of RCW 28B.15.910, the governing
boards of the state universities, the regional universities, and
The Evergreen State College and the state board for community and technical colleges may waive all or a portion of the
nonresident tuition fees differential for residents of Idaho,
upon completion of and to the extent permitted by an agreement between the higher education coordinating board and
appropriate officials and agencies in Idaho granting similar
waivers for residents of the state of Washington. [1993 sp.s.
c 18 § 29; 1992 c 231 § 27; 1985 c 370 § 73; 1983 c 166 §
1.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.15.752 Washington/Idaho reciprocity tuition
and fee program—Reimbursement when greater net
revenue loss. Prior to January 1 of each odd-numbered
year, the higher education coordinating board, in cooperation
with the *state board for community college education and
in consultation with appropriate agencies and officials in the
state of Idaho, shall determine for the purposes of RCW
28B.15.750 the number of students for whom nonresident
tuition and fees have been waived for the first academic year
of the biennium and the fall term of the second academic
year, and make an estimate of the number of such students
for the remainder of the second academic year, and the
difference between the aggregate amount of tuition and fees
that would have been paid to the respective states by
residents of the other state had such waivers not been made,
and the aggregate amount of tuition and fees paid by
residents of the other state. Should the board determine that
the state of Idaho has experienced a greater net tuition and
fee revenue loss than institutions in Washington, it shall pay
from funds appropriated for this purpose to the appropriate
agency or institution in Idaho an amount determined by
subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue loss of Idaho, minus
twenty-five thousand dollars for each year of the biennium
if the appropriate officials in the state of Idaho agree to
make similar restitution to the state of Washington should
the net tuition and fee revenue loss in Washington be greater
than that in Idaho. [1985 c 370 § 74; 1983 c 166 § 2.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.15.754 Washington/Idaho reciprocity tuition
and fee program—Implementation agreement—Program
review. The higher education coordinating board may enter
into an agreement with appropriate officials or agencies in
[Title 28B RCW—page 78]
the state of Idaho to implement RCW 28B.15.750 and
28B.15.752. By January 10 of each odd-numbered year, the
board shall review the costs and benefits of any agreement
entered into under RCW 28B.15.750 and shall transmit
copies of their review to the governor and the appropriate
policy and fiscal committees of the legislature. [1987 c 446
§ 1; 1985 c 370 § 75; 1983 c 166 § 3.]
Effective date—1987 c 446: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1987." [1987 c 446 § 5.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.15.756 Waiver of nonresident tuition fees
differential—Washington/British Columbia reciprocity
program. Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, and The Evergreen State College and the state
board for community and technical colleges may waive all
or a portion of the nonresident tuition fees differential for
residents of the Canadian province of British Columbia, upon
completion of and to the extent permitted by an agreement
between the higher education coordinating board and
appropriate officials and agencies in the Canadian province
of British Columbia providing for enrollment opportunities
for residents of the state of Washington without payment of
tuition or fees in excess of those charged to residents of
British Columbia. [1993 sp.s. c 18 § 30; 1992 c 231 § 28;
1987 c 446 § 2; 1985 c 370 § 76; 1983 c 166 § 4.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—1987 c 446: See note following RCW 28B.15.754.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.15.758 Washington/British Columbia reciprocity tuition and fee program—Implementation agreement—Program review. The higher education coordinating
board may enter into an agreement with appropriate officials
or agencies in the Canadian province of British Columbia to
implement RCW 28B.15.756. The agreement should provide
for a balanced exchange of enrollment opportunities, without
payment of excess tuition or fees, for residents of the state
of Washington or the Canadian province of British Columbia. By January 10 of each odd-numbered year, the board
shall review the costs and benefits of any agreement entered
into under RCW 28B.15.756 and shall transmit copies of
their review to the governor and the appropriate policy and
fiscal committees of the legislature. [1987 c 446 § 3; 1985
c 370 § 77; 1983 c 166 § 5.]
Effective date—1987 c 446: See note following RCW 28B.15.754.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.15.760 Loan program for mathematics and
science teachers—Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 28B.15.762 and 28B.15.764.
(1) "Institution of higher education" or "institution"
means a college or university in the state of Washington
(2002 Ed.)
College and University Fees
which is a member institution of an accrediting association
recognized as such by rule of the higher education coordinating board.
(2) "Board" means the higher education coordinating
board.
(3) "Eligible student" means a student registered for at
least ten credit hours or the equivalent and demonstrates
achievement of a 3.00 grade point average for each academic
year, who is a resident student as defined by RCW
28B.15.012 through 28B.15.015, who is a "needy student" as
defined in RCW 28B.10.802, and who has a declared major
in a program leading to a degree in teacher education in a
field of science or mathematics, or a certificated teacher who
meets the same credit hour and "needy student" requirements
and is seeking an additional degree in science or mathematics.
(4) "Public school" means a middle school, junior high
school, or high school within the public school system
referred to in Article IX of the state Constitution.
(5) "Forgiven" or "to forgive" means to collect service
as a teacher in a field of science or mathematics at a public
school in the state of Washington in lieu of monetary
payment.
(6) "Satisfied" means paid-in-full.
(7) "Borrower" means an eligible student who has
received a loan under RCW 28B.15.762. [1985 c 370 § 79;
1983 1st ex.s. c 74 § 1.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1983 1st ex.s. c 74: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 74 § 6.]
28B.15.762 Loan program for mathematics and
science teachers—Terms and conditions—Collection—
Disposition of payments—Rules. (1) The board may make
long-term loans to eligible students at institutions of higher
education from the funds appropriated to the board for this
purpose. The amount of any such loan shall not exceed the
demonstrated financial need of the student or two thousand
five hundred dollars for each academic year whichever is
less, and the total amount of such loans to an eligible student
shall not exceed ten thousand dollars. The interest rates and
terms of deferral of such loans shall be consistent with the
terms of the guaranteed loan program established by 20
U.S.C. Sec. 1701 et seq. The period for repaying the loan
principal and interest shall be ten years with payments
accruing quarterly commencing nine months from the date
the borrower graduated. The entire principal and interest of
each loan payment shall be forgiven for each payment period
in which the borrower teaches science or mathematics in a
public school in this state until the entire loan is satisfied or
the borrower ceases to teach science or mathematics at a
public school in this state. Should the borrower cease to
teach science or mathematics at a public school in this state
before the time in which the principal and interest on the
loan are satisfied, payments on the unsatisfied portion of the
principal and interest on the loan shall begin the next
payment period and continue until the remainder of the loan
is paid.
(2002 Ed.)
28B.15.760
(2) The board is responsible for collection of loans
made under subsection (1) of this section and shall exercise
due diligence in such collection, maintaining all necessary
records to insure that maximum repayments are made. Collection and servicing of loans under subsection (1) of this
section shall be pursued using the full extent of the law,
including wage garnishment if necessary, and shall be
performed by entities approved for such servicing by the
Washington student loan guaranty association or its successor agency. The board is responsible to forgive all or parts
of such loans under the criteria established in subsection (1)
of this section and shall maintain all necessary records of
forgiven payments.
(3) Receipts from the payment of principal or interest or
any other subsidies to which the board as lender is entitled,
which are paid by or on behalf of borrowers under subsection (1) of this section, shall be deposited with the higher
education coordinating board and shall be used to cover the
costs of making the loans under subsection (1) of this
section, maintaining necessary records, and making collections under subsection (2) of this section. The board shall
maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to
make loans to eligible students.
(4) Any funds not used to make loans, or to cover the
cost of making loans or making collections, shall be placed
in the state educational trust fund for needy or disadvantaged
students.
(5) The board shall adopt necessary rules to implement
this section. [1996 c 107 § 2; 1985 c 370 § 80; 1983 1st
ex.s. c 74 § 2.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1983 1st ex.s. c 74: See note following RCW
28B.15.760.
28B.15.764 Loan program for mathematics and
science teachers—Cooperation by board and institutions
of higher education. The board and institutions of higher
education shall work cooperatively to implement RCW
28B.15.762 and to publicize this program to eligible students. [1985 c 370 § 81; 1983 1st ex.s. c 74 § 3.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1983 1st ex.s. c 74: See note following RCW
28B.15.760.
28B.15.766 Loan program for mathematics and
science teachers—Duration—*Legislative budget committee review. No loans shall be made after August 23,
1989, until the program is reviewed by the *legislative
budget committee and is reenacted by the legislature. [1983
1st ex.s. c 74 § 4.]
*Reviser’s note: The "legislative budget committee" was redesignated the "joint legislative audit and review committee" by 1996 c 288 § 3.
Severability—1983 1st ex.s. c 74: See note following RCW
28B.15.760.
28B.15.790 Effective communication—Intent. The
legislature finds that the quality of undergraduate education
is enhanced by association with graduate assistants from
[Title 28B RCW—page 79]
28B.15.790
Title 28B RCW: Higher Education
other countries who can effectively communicate their
knowledge and diverse cultural backgrounds.
It is the intent of the legislature to assist the institutions
in their effort to improve the quality of undergraduate
education at the state’s four-year colleges and universities.
Attainment of an excellent education is facilitated when
communication is clear, concise, sensitive to cultural differences, and demonstrative of proven pedagogical skills. It is
the further intent of the legislature to assure students and
parents that graduate teaching assistants at our state institutions of higher education are able to communicate effectively
and understandably with undergraduate students. [1991 c
228 § 1.]
28B.15.792 Effective communication—Principles.
The Washington state legislature affirms the following
principles:
(1) Washington’s college and university students are
entitled to excellent instruction at the state’s institutions of
higher education. Excellent education requires the ability to
communicate effectively in college classrooms and laboratories.
(2) The presence of students, faculty, and staff from
other countries on Washington’s college campuses enriches
the educational experience of Washington’s students and
enhances scholarship and research at the state’s colleges and
universities.
(3) With the exception of courses designed to be taught
primarily in a foreign language, undergraduate students shall
be provided with classroom instruction, laboratory instruction, clinics, seminars, studios, and other participatory and
activity courses by a person fluent in both the spoken and
written English language.
(4) Persons of all nationalities, races, religions, and
ethnic backgrounds are welcome and valued in the state of
Washington. [1991 c 228 § 2.]
28B.15.794
Effective communication—
Implementation of principles. The governing board of
each state university, regional university, state college, and
community college shall ensure that the principles in
*section 1 of this act are implemented at its institution of
higher education. [1991 c 228 § 3.]
*Reviser’s note: A translation of "section 1 of this act" is RCW
28B.15.790. RCW 28B.15.792 was apparently intended.
28B.15.796 Effective communication—Task force to
improve communication and teaching skills of faculty
and teaching assistants. The council of presidents, in consultation with the higher education coordinating board, shall
convene a task force of representatives from the four-year
universities and colleges. The task force shall:
(1) Review institutional policies and procedures designed to ensure that faculty and teaching assistants are able
to communicate effectively with undergraduate students in
classrooms and laboratories;
(2) Research methods and procedures designed to
improve the communication and teaching skills of any
person funded by state money who instructs undergraduate
students in classrooms and laboratories;
[Title 28B RCW—page 80]
(3) Share the results of that research with each participating university and college; and
(4) Work with each participating university and college
to assist the institution in its efforts to improve the communication and pedagogical skills of faculty and teaching
assistants instructing undergraduate students. [1991 c 228 §
4.]
28B.15.800 Pledged bond retirement funds to be set
aside from tuition and fees—1977 ex.s. c 322. Notwithstanding any other section of chapter 322, Laws of 1977 ex.
sess., the boards of regents and trustees of the respective
institutions of higher education shall set aside from tuition
and fees charged in each schedule an amount heretofore
pledged and necessary for the purposes of bond retirement
until such time as any such debt has been satisfied. [1985
c 390 § 34; 1977 ex.s. c 322 § 15.]
Severability—1977 ex.s. c 322: See note following RCW
28B.15.065.
28B.15.805 Pledged bond retirement funds to be set
aside from tuition and fees—1981 c 257. Notwithstanding
any other provision of chapter 257, Laws of 1981, the boards
of regents and trustees of the respective institutions of higher
education shall set aside from tuition and fees charged in
each schedule an amount heretofore pledged and necessary
for the purposes of bond retirement until such time as any
such debt has been satisfied. [1981 c 257 § 10.]
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.15.820 Institutional financial aid fund—
"Eligible student" defined. (1) Each institution of higher
education, including technical colleges, shall deposit a
minimum of three and one-half percent of revenues collected
from tuition and services and activities fees in an institutional financial aid fund that is hereby created and which shall
be held locally. Moneys in the fund shall be used only for
the following purposes: (a) To make guaranteed long-term
loans to eligible students as provided in subsections (3)
through (8) of this section; (b) to make short-term loans as
provided in subsection (9) of this section; or (c) to provide
financial aid to needy students as provided in subsection (10)
of this section.
(2) An "eligible student" for the purposes of subsections
(3) through (8) and (10) of this section is a student registered
for at least six credit hours or the equivalent, who is eligible
for resident tuition and fee rates as defined in RCW
28B.15.012 through [and] 28B.15.013, and who is a "needy
student" as defined in RCW 28B.10.802.
(3) The amount of the guaranteed long-term loans made
under this section shall not exceed the demonstrated financial
need of the student. Each institution shall establish loan
terms and conditions which shall be consistent with the
terms of the guaranteed loan program established by 20 U.S.
Code Section 1071 et seq., as now or hereafter amended.
All loans made shall be guaranteed by the Washington
student loan guaranty association or its successor agency.
Institutions are hereby granted full authority to operate as an
eligible lender under the guaranteed loan program.
(4) Before approving a guaranteed long-term loan, each
institution shall analyze the ability of the student to repay the
(2002 Ed.)
College and University Fees
loan based on factors which include, but are not limited to,
the student’s accumulated total education loan burdens and
the employment opportunities and average starting salary
characteristics of the student’s chosen fields of study. The
institution shall counsel the student on the advisability of
acquiring additional debt, and on the availability of other
forms of financial aid.
(5) Each institution is responsible for collection of
guaranteed long-term loans made under this section and shall
exercise due diligence in such collection, maintaining all
necessary records to insure that maximum repayments are
made. Institutions shall cooperate with other lenders and the
Washington student loan guaranty association, or its successor agency, in the coordinated collection of guaranteed loans,
and shall assure that the guarantability of the loans is not
violated. Collection and servicing of guaranteed long-term
loans under this section shall be performed by entities
approved for such servicing by the Washington student loan
guaranty association or its successor agency: PROVIDED,
That institutions be permitted to perform such servicing if
specifically recognized to do so by the Washington student
loan guaranty association or its successor agency. Collection
and servicing of guaranteed long-term loans made by
community colleges under subsection (1) of this section shall
be coordinated by the state board for community and
technical colleges and shall be conducted under procedures
adopted by the state board.
(6) Receipts from payment of interest or principal or
any other subsidies to which institutions as lenders are
entitled, that are paid by or on behalf of borrowers of funds
under subsections (3) through (8) of this section, shall be deposited in each institution’s financial aid fund and shall be
used to cover the costs of making the guaranteed long-term
loans under this section and maintaining necessary records
and making collections under subsection (5) of this section:
PROVIDED, That such costs shall not exceed five percent
of aggregate outstanding loan principal. Institutions shall
maintain accurate records of such costs, and all receipts
beyond those necessary to pay such costs, shall be deposited
in the institution’s financial aid fund.
(7) The governing boards of the state universities, the
regional universities, and The Evergreen State College, and
the state board for community and technical colleges, on
behalf of the community colleges and technical colleges,
shall each adopt necessary rules and regulations to implement this section.
(8) First priority for any guaranteed long-term loans
made under this section shall be directed toward students
who would not normally have access to educational loans
from private financial institutions in Washington state, and
maximum use shall be made of secondary markets in the
support of loan consolidation.
(9) Short-term loans, not to exceed one year, may be
made from the institutional financial aid fund to students
enrolled in the institution. No such loan shall be made to
any student who is known by the institution to be in default
or delinquent in the payment of any outstanding student loan.
A short-term loan may be made only if the institution has
ample evidence that the student has the capability of repaying the loan within the time frame specified by the institution for repayment.
(2002 Ed.)
28B.15.820
(10) Any moneys deposited in the institutional financial
aid fund that are not used in making long-term or short-term
loans may be used by the institution for locally-administered
financial aid programs for needy students, such as needbased institutional employment programs or need-based
tuition and fee scholarship or grant programs. These funds
shall be used in addition to and not to replace institutional
funds that would otherwise support these locally-administered financial aid programs. First priority in the use of
these funds shall be given to needy students who have
accumulated excessive educational loan burdens. An
excessive educational loan burden is a burden that will be
difficult to repay given employment opportunities and
average starting salaries in the student’s chosen fields of
study. Second priority in the use of these funds shall be
given to needy single parents, to assist these students with
their educational expenses, including expenses associated
with child care and transportation. [1995 1st sp.s. c 9 § 10.
Prior: 1993 c 385 § 1; 1993 c 173 § 1; 1985 c 390 § 35;
1983 1st ex.s. c 64 § 1; 1982 1st ex.s. c 37 § 13; 1981 c 257
§ 9.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Effective date—Severability—1982 1st ex.s. c 37: See notes
following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
28B.15.900 "State universities," "regional universities," "state college," "institutions of higher education,"
and "postsecondary institutions" defined. See RCW
28B.10.016.
28B.15.910 Limitation on total operating fees
revenue waived, exempted, or reduced. (1) For the
purpose of providing state general fund support to public
institutions of higher education, except for revenue waived
under programs listed in subsections (3) and (4) of this
section, and unless otherwise expressly provided in the
omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state
university, a regional university, The Evergreen State
College, or the community colleges as a whole, shall not
exceed the percentage of total gross authorized operating
fees revenue in this subsection. As used in this section,
"gross authorized operating fees revenue" means the estimated gross operating fees revenue as estimated under RCW
82.33.020 or as revised by the office of financial management, before granting any waivers. This limitation applies
to all tuition waiver programs established before or after July
1, 1992.
(a) University of Washington
21 percent
(b) Washington State University
20 percent
(c) Eastern Washington University
11 percent
(d) Central Washington University
8 percent
(e) Western Washington University
10 percent
(f) The Evergreen State College
6 percent
(g) Community colleges as a whole
35 percent
(2) The limitations in subsection (1) of this section
apply to waivers, exemptions, or reductions in operating fees
contained in the following:
(a) RCW 28B.10.265;
[Title 28B RCW—page 81]
28B.15.910
Title 28B RCW: Higher Education
(b) RCW 28B.15.014;
(c) RCW 28B.15.100;
(d) RCW 28B.15.225;
(e) RCW 28B.15.380;
(f) RCW 28B.15.520;
(g) RCW 28B.15.526;
(h) RCW 28B.15.527;
(i) RCW 28B.15.543;
(j) RCW 28B.15.545;
(k) RCW 28B.15.555;
(l) RCW 28B.15.556;
(m) RCW 28B.15.615;
(n) RCW 28B.15.620;
(o) RCW 28B.15.628;
(p) RCW 28B.15.730;
(q) RCW 28B.15.740;
(r) RCW 28B.15.750;
(s) RCW 28B.15.756;
(t) RCW 28B.50.259;
(u) RCW 28B.70.050;
(v) *RCW 28B.80.580; and
(w) During the 1997-99 fiscal biennium, the western
interstate commission for higher education undergraduate
exchange program for students attending Eastern Washington
University.
(3) The limitations in subsection (1) of this section do
not apply to waivers, exemptions, or reductions in services
and activities fees contained in the following:
(a) RCW 28B.15.522;
(b) RCW 28B.15.540; and
(c) RCW 28B.15.558.
(4) The total amount of operating fees revenue waived,
exempted, or reduced by institutions of higher education
participating in the western interstate commission for higher
education western undergraduate exchange program under
RCW 28B.15.544 shall not exceed the percentage of total
gross authorized operating fees revenue in this subsection.
(a) Washington State University
1 percent
(b) Eastern Washington University
3 percent
(c) Central Washington University
3 percent
[2000 c 152 § 3; 1999 c 344 § 3; 1998 c 346 § 904; 1997 c
433 § 5; 1993 sp.s. c 18 § 31; 1992 c 231 § 33.]
*Reviser’s note: RCW 28B.80.580 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Findings—Intent—1999 c 344: See note following RCW
28B.15.544.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
By January 31st of each odd-numbered year, the
institutions of higher education shall prepare a report of the
costs and benefits of waivers granted under chapter 152,
Laws of 2000 and shall transmit copies of their report to the
appropriate policy and fiscal committees of the legislature.
[2000 c 152 § 1.]
Chapter 28B.16
STATE HIGHER EDUCATION PERSONNEL LAW
Sections
28B.16.015 Option to have relationship and obligations governed by
chapter 41.56 RCW.
Adoption of rules for leave sharing program: RCW 41.04.670.
Civil service
director of personnel: RCW 41.06.130.
Washington personnel resources board: RCW 41.06.110.
Peer review committees—Proceedings—Statement of reasons: RCW
28B.10.648.
State work-study program not to supplant classified positions: RCW
28B.12.060.
28B.16.015 Option to have relationship and obligations governed by chapter 41.56 RCW. (Effective until
July 1, 2005.) At any time after July 1, 1993, an institution
of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under this
chapter or chapter 41.06 RCW as appropriate may exercise
their option to have their relationship and corresponding
obligations governed entirely by the provisions of chapter
41.56 RCW, by filing notice of the parties’ intent to be so
governed, subject to the mutual adoption of a collective
bargaining agreement recognizing the notice of intent. The
parties shall provide the notice to the board or its successor
and the public employment relations commission. On the
first day of the month following the month during which the
institution of higher education and the exclusive bargaining
representative provide notice to the board or its successor
and the public employment relations commission that they
have executed an initial collective bargaining agreement
recognizing the notice of intent, this chapter shall cease to
apply to all employees in the bargaining unit covered by the
agreement, and all labor relations functions of the board or
its successor with respect to these employees shall be
transferred to the public employment relations commission.
[1993 c 379 § 310.]
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Chapter 28B.20
UNIVERSITY OF WASHINGTON
Sections
28B.15.915 Waiver of operating fees—Report. In
addition to waivers granted under the authority of RCW
28B.15.910, the governing boards of the state universities,
the regional universities, The Evergreen State College, and
the community colleges, subject to state board policy, may
waive all or a portion of the operating fees for any student.
There shall be no state general fund support for waivers
granted under this section.
[Title 28B RCW—page 82]
GENERAL
28B.20.010
28B.20.020
28B.20.054
28B.20.055
28B.20.057
28B.20.060
Designation.
Purpose.
Credits—Statewide transfer policy and agreement—
Establishment.
"Major line" defined.
Major lines common to University of Washington and
Washington State University.
Courses exclusive to University of Washington.
(2002 Ed.)
University of Washington
28B.20.095
28B.20.100
28B.20.105
28B.20.110
28B.20.115
28B.20.116
28B.20.117
28B.20.130
28B.20.134
28B.20.135
28B.20.140
28B.20.145
28B.20.200
28B.20.250
28B.20.253
28B.20.255
28B.20.277
28B.20.279
28B.20.280
28B.20.283
28B.20.285
28B.20.287
28B.20.289
28B.20.291
28B.20.293
28B.20.295
28B.20.300
28B.20.305
28B.20.315
28B.20.320
28B.20.322
28B.20.324
28B.20.328
28B.20.330
28B.20.332
28B.20.334
28B.20.336
28B.20.340
28B.20.342
28B.20.344
28B.20.350
28B.20.352
28B.20.354
28B.20.356
(2002 Ed.)
University fees.
Regents—Appointment—Terms—Vacancies—Quorum.
Regents—Organization and conduct of business—Bylaws,
rules and regulations—Meetings.
Regents—Secretary—Treasurer—Duties—Treasurer’s bond.
Regents—Oaths.
Regents—Expenses.
Regents—Attorney general as advisor.
Powers and duties of regents—General.
Powers and duties of regents—Consent to sale of university
granted lands.
Powers and duties of regents—Employment of architects,
engineers, for construction of buildings and facilities.
Powers and duties of regents—Contracts for erection of
buildings or improvements.
Powers and duties of regents—Regents’ spending limited
by income.
Faculty—Composition—General powers.
Liability coverage of university personnel and students—
Authorized—Scope.
Liability coverage of university personnel and students—
Self-insurance revolving fund.
Liability coverage of university personnel and students—As
exclusive authority.
Mathematics, engineering, and science achievement program—Establishment and administration through university.
High-technology education and training.
Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board.
Washington technology center—Findings.
Washington technology center—Created—Purpose.
Washington technology center—Definitions.
Washington technology center—Administration—Board of
directors.
Washington technology center—Support from participating
institutions.
Washington technology center—Role of department of
community, trade, and economic development.
Washington technology center—Availability of facilities to
other institutions.
Schools of medicine, dentistry, and related health services—Authorization.
Schools of medicine, dentistry, and related health services—Purpose.
Drug testing laboratory—Service—Employees as expert
witnesses, traveling expenses and per diem.
Marine biological preserve—Established and described.
Marine biological preserve—Gathering permit.
Marine biological preserve—Penalty for unlawful gathering.
Lease of lands with outdoor recreation potential—
Restrictions—Unlawful to use posted lands.
Rights-of-way to railroads and street car railways—
Conditions.
Rights-of-way to railroads and street car railways—Regents
to make agreement.
Rights-of-way to railroads and street car railways—Form of
deed—Certified copy filed.
Rights-of-way to railroads and street car railways—Deed
conveys conditional easement.
University site dedicated for street and boulevard purposes—Description.
University site dedicated for street and boulevard purposes—Local assessments barred against site.
University site dedicated for street and boulevard purposes—Eminent domain may not be exercised against site.
1947 conveyance for arboretum and botanical garden purposes—Description.
1947 conveyance for arboretum and botanical garden purposes—Deed of conveyance.
1947 conveyance for arboretum and botanical garden purposes—Part may be conveyed by regents to city of
Seattle.
1947 conveyance for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance
for highway purposes.
28B.20.360
28B.20.362
28B.20.364
28B.20.370
28B.20.381
28B.20.382
28B.20.394
28B.20.395
28B.20.396
28B.20.398
Chapter 28B.20
1939 conveyance of shorelands to university—Description.
1939 conveyance of shorelands to university—Deed of
conveyance.
1939 conveyance of shorelands to university—Grant for
arboretum and botanical garden purposes—Reversion for
unauthorized use—Reconveyance for highway purposes.
Transfer of certain Lake Union shorelands to university.
"University tract" defined.
University tract—Conditions for sale, lease, or lease renewal—Inspection of records—Deposit of proceeds—
University of Washington facilities bond retirement
account.
University tract—Powers of regents—Agreements to pay
for governmental services.
University tract—Powers of regents, generally.
University tract—Bonding authority.
University tract—Powers of regents—Bond issuance—
Covenants—Redemption—Action for compliance.
SCHOLARSHIPS, FELLOWSHIPS, SPECIAL RESEARCH PROJECTS,
AND HOSPITAL
28B.20.410
28B.20.412
28B.20.414
28B.20.420
28B.20.422
28B.20.426
28B.20.440
28B.20.450
28B.20.452
28B.20.454
28B.20.456
28B.20.458
28B.20.462
28B.20.464
28B.20.466
28B.20.468
28B.20.470
28B.20.472
28B.20.500
Children’s center for research and training in mental retardation—Established.
Children’s center for research and training in mental retardation—Administration.
Children’s center for research and training in mental retardation—Purpose.
Graduate scholarships for engineering research—
Established.
Graduate scholarships for engineering research—Studies
published—Direction of program—Qualifications for
candidates.
Fellowship program in forensic pathology—Funding—
Recipient’s services to county coroners.
University hospital.
Occupational and environmental research facility—
Construction and maintenance authorized—Purpose.
Occupational and environmental research facility—Industry
to share costs.
Occupational and environmental research facility—
Submission of industrial and occupational health problems to facility—Availability of information.
Occupational and environmental research facility—
Advisory committee.
Occupational and environmental research facility—
Acceptance of loans, gifts, etc.—Presentment of vouchers for payments from accident and medical aid funds.
Warren G. Magnuson institute for biomedical research and
health professions training—Established.
Warren G. Magnuson institute—Purposes.
Warren G. Magnuson institute—Endowment fund earnings.
Warren G. Magnuson institute—Trust fund.
Warren G. Magnuson institute—State matching funds.
Warren G. Magnuson institute—Local endowment fund.
Medical students from rural areas—Admission preference.
FINANCING BUILDINGS AND FACILITIES—1957 ACT
28B.20.700
28B.20.705
28B.20.710
28B.20.715
28B.20.720
28B.20.721
28B.20.725
28B.20.730
28B.20.735
28B.20.740
Construction, remodeling, improvement, financing, etc.,
authorized.
Definitions.
Contracts, issuance of evidences of indebtedness, acceptance of grants.
Bonds—Issuance, sale, form, term, interest, etc.—
Covenants—Deposit of proceeds.
University of Washington bond retirement fund—
Composition—Pledge of building fees.
Revenues derived from certain university lands deposited in
University of Washington bond retirement fund.
Additional powers of board—Issuance of bonds, investments, transfer of funds, etc.
Refunding bonds.
Bonds not general obligations—Legislature may provide
additional means of payment.
RCW 28B.20.700 through 28B.20.740 as concurrent with
other laws.
[Title 28B RCW—page 83]
Chapter 28B.20
Title 28B RCW: Higher Education
MISCELLANEOUS
28B.20.745
28B.20.750
Validation—1959 c 193.
Hospital project bonds—State general obligation bonds in
lieu of revenue bonds.
28B.20.751 Hospital project bonds—Amount authorized.
28B.20.752 Hospital project bonds—Bond anticipation notes, authorized, payment.
28B.20.753 Hospital project bonds—Form, terms, conditions, sale, and
covenants for bonds and notes.
28B.20.754 Hospital project bonds—Disposition of proceeds.
28B.20.755 Hospital project bonds—Administration of proceeds from
bonds and notes.
28B.20.756 Hospital project bonds—1975 University of Washington
hospital bond retirement fund, created, purpose.
28B.20.757 Hospital project bonds—Regents to accumulate moneys for
bond payments.
28B.20.758 Hospital project bonds—As legal investment for public
funds.
28B.20.759 Hospital project bonds—Prerequisite to issuance.
28B.20.770 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College.
28B.20.800 Revenues derived from certain university lands and income
from university permanent fund deposited in University
of Washington bond retirement fund—Covenant.
28B.20.805 Revenues derived from certain university lands and income
from university permanent fund deposited in University
of Washington bond retirement fund—Ratification of
previous transfers.
28B.20.810 Revenues derived from certain university lands and income
from university permanent fund deposited in University
of Washington bond retirement fund—Transfers of
certain funds and investments from university permanent
fund to University of Washington bond retirement fund
and University of Washington building account.
28B.20.820 Revenues derived from certain university lands and income
from university permanent fund deposited in University
of Washington bond retirement fund—RCW 79.64.040
not affected.
Acquisition of property, powers: RCW 28B.10.020.
Admission requirements: RCW 28B.10.050.
AIDS, education and training: Chapter 70.24 RCW.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Blind students
defined: RCW 28B.10.210.
funds for assistance: RCW 28B.10.215, 28B.10.220.
Board of regents, museum managed by: RCW 27.40.040.
Bond issue for buildings and projects: RCW 43.83.090 through 43.83.104.
Bond issue of 1977 for the refunding of outstanding limited obligation
revenue bonds of institutions of higher education: Chapter 28B.14C
RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
Branch campuses—Central Puget Sound area: RCW 28B.45.020.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of buildings and facilities acquired: RCW 28B.10.305.
Campus approach highway authorized: RCW 47.20.590.
acquisition of property for: RCW 47.20.600.
condemnation for: RCW 47.20.610.
measure of damage to buildings: RCW 47.20.620.
use declared public use: RCW 47.20.605.
[Title 28B RCW—page 84]
sale of buildings and personalty acquired in acquisition of land: RCW
47.20.630.
Seattle city ordinance requisite: RCW 47.20.635.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Corrections mental health center—Collaborative arrangement with University of Washington: RCW 72.09.350.
County hospitals, contracts with state universities relating to medical
services, teaching and research: RCW 36.62.290.
Courses, studies, and instruction
education courses approved by state board of education: RCW
28A.305.130(1).
graduate work: RCW 28B.10.120.
physical education: RCW 28B.10.700.
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees
annuity and retirement plans: RCW 28B.10.400 through 28B.10.423.
insurance: RCW 28B.10.660.
Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650.
Fetal alcohol screening and assessment services: RCW 70.96A.500.
Flag, display: RCW 28B.10.030.
Forest products institute: Chapter 76.44 RCW.
Forestry
demonstration forest and experiment station, exchange of granted lands
for other lands for purposes of: RCW 79.08.070.
institute of forest products: Chapter 76.44 RCW.
Funds
university building fund, created: RCW 43.79.080.
University of Washington fund abolished and moneys transferred to
general fund: RCW 43.79.071.
university permanent fund, created: RCW 43.79.060.
university permanent fund, investment in regents’ revenue bonds: RCW
43.84.140.
university permanent fund, source: RCW 43.79.060.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Highly capable students—Early entrance program or transition school:
RCW 28A.185.040.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Institute of forest products: Chapter 76.44 RCW.
Insurance for officers, employees and students: RCW 28B.10.660.
Intoxicating liquor, sale on grounds, prohibition: RCW 66.44.190.
Liquor revolving fund, alcoholism and drug abuse research, use for: RCW
66.08.180.
Museum, designated as state natural history and anthropology museum:
RCW 27.40.010.
Olympic natural resources center: RCW 76.12.210.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Parking facilities: RCW 28B.10.300.
Police force: RCW 28B.10.550 through 28B.10.567.
Real property
acquisition of authorized: RCW 28B.10.020.
demonstration forest and experiment station, exchange of granted lands
for other lands for purposes of: RCW 79.08.070.
eminent domain by railroads and canal companies against: RCW
81.36.010.
sale of land or valuable materials fixing date of sale: RCW 79.01.184.
legislative or board of regents consent required for: RCW
79.01.096.
procedure: RCW 79.01.184.
(2002 Ed.)
University of Washington
state lands, included: RCW 79.01.004.
State building authority, projects authorized: Chapter 43.75 RCW.
Students
insurance: RCW 28B.10.660.
loan fund under national defense education act: RCW 28B.10.280.
Teachers
training courses for: RCW 28B.10.140.
use of district schools for training: RCW 28B.10.600 through
28B.10.605.
Toxicological laboratories: RCW 68.50.107.
Traffic regulations, penalty for violations: RCW 28B.10.560.
Tuition, exemptions of children of deceased or disabled veterans or citizens
missing in action or prisoners of war: RCW 28B.10.265.
GENERAL
28B.20.010 Designation. The state university located
and established in Seattle, King county, shall be designated
the University of Washington. [1969 ex.s. c 223 §
28B.20.010. Prior: 1909 c 97 p 238 § 1; RRS § 4544;
prior: 1897 c 118 § 182; 1890 p 395 § 1. Formerly RCW
28.77.010.]
28B.20.020 Purpose. The aim and purpose of the
University of Washington shall be to provide a liberal
education in literature, science, art, law, medicine, military
science and such other fields as may be established therein
from time to time by the board of regents or by law. [1969
ex.s. c 223 § 28B.20.020. Prior: 1909 c 97 p 238 § 2; RRS
§ 4545; prior: 1897 c 118 § 183; 1893 c 122 § 6; 1890 p
395 § 2. Formerly RCW 28.77.020.]
28B.20.054 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.80.280 and
28B.80.290.
28B.20.055
28B.10.100.
28B.20.060 Courses exclusive to University of
Washington. The courses of instruction of the University
of Washington shall embrace as exclusive major lines, law,
medicine, forest products, logging engineering, library
sciences, aeronautic and astronautic engineering, and
fisheries. [1985 c 218 § 2; 1969 ex.s. c 223 § 28B.20.060.
Prior: 1963 c 23 § 1; 1961 c 71 § 1; prior: (i) 1917 c 10 §
2; RRS § 4533. (ii) 1917 c 10 § 5; RRS § 4536. Formerly
RCW 28.77.025; 28.76.060.]
University fees. See chapter 28B.15
28B.20.100 Regents—Appointment—Terms—
Vacancies—Quorum. (1) The governance of the University
of Washington shall be vested in a board of regents to
consist of ten members, one of whom shall be a student.
The governor shall select the student member from a list of
(2002 Ed.)
candidates, of at least three and not more than five, submitted by the governing body of the associated students.
They shall be appointed by the governor with the consent of
the senate, and, except for the student member, shall hold
their offices for a term of six years from the first day of
October and until their successors shall be appointed and
qualified. The student member shall hold his or her office
for a term of one year from the first day of June until his or
her successor is appointed and qualified. The student
member shall be a full-time student in good standing at the
university at the time of appointment.
(2) Six members of said board shall constitute a quorum
for the transaction of business. In the case of a vacancy, or
when an appointment is made after the date of the expiration
of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office has become
vacant or expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members and personnel. [1998 c 95 § 1; 1985 c 61 § 1; 1979
ex.s. c 103 § 2; 1973 c 62 § 7; 1969 ex.s. c 223 §
28B.20.100. Prior: 1909 c 97 p 239 § 3; RRS § 4554;
prior: 1897 c 118 § 184; 1895 c 101 § 1; 1890 p 396 § 3.
Formerly RCW 28.77.090, 28.77.100, part.]
Present terms not affected—1979 ex.s. c 103: "Nothing in sections
2 through 6 of this amendatory act shall shorten the terms of regents or
trustees presently in office." [1979 ex.s. c 103 § 7.]
Severability—1979 ex.s. c 103: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 103 § 8.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
"Major line" defined. See RCW
28B.20.057 Major lines common to University of
Washington and Washington State University. See RCW
28B.10.115.
28B.20.095
RCW.
Chapter 28B.20
28B.20.105 Regents—Organization and conduct of
business—Bylaws, rules and regulations—Meetings. The
board shall organize by electing from its membership a
president and an executive committee, of which committee
the president shall be ex officio chairman. The board may
adopt bylaws or rules and regulations for its own government. The board shall hold regular quarterly meetings, and
during the interim between such meetings the executive
committee may transact business for the whole board:
PROVIDED, That the executive committee may call special
meetings of the whole board when such action is deemed
necessary. [1969 ex.s. c 223 § 28B.20.105. Prior: (i) 1909
c 97 p 240 § 4; RRS § 4555; prior: 1897 c 118 § 185.
Formerly RCW 28.77.100. (ii) 1939 c 176 § 1, part; 1927
c 227 § 1, part; 1909 c 97 p 240 § 5, part; RRS § 4557,
part. Formerly RCW 28.77.130, part.]
28B.20.110 Regents—Secretary—Treasurer—
Duties—Treasurer’s bond. The board shall appoint a
secretary and a treasurer who shall hold their respective
offices during the pleasure of the board and carry out such
respective duties as the board shall prescribe. In addition to
such other duties as the board prescribes, the secretary shall
record all proceedings of the board and carefully preserve
[Title 28B RCW—page 85]
28B.20.110
Title 28B RCW: Higher Education
the same. The treasurer shall give bond for the faithful
performance of the duties of his office in such amount as the
regents may require: PROVIDED, That the university shall
pay the fee for such bond. [1969 ex.s. c 223 § 28B.20.110.
Prior: 1890 p 396 § 6; RRS § 4556. Formerly RCW
28.77.110.]
28B.20.115 Regents—Oaths. See RCW 28B.10.520.
28B.20.116
28B.10.525.
Regents—Expenses. See RCW
28B.20.117 Regents—Attorney general as advisor.
See RCW 28B.10.510.
28B.20.130 Powers and duties of regents—General.
General powers and duties of the board of regents are as
follows:
(1) To have full control of the university and its
property of various kinds, except as otherwise provided by
law.
(2) To employ the president of the university, his or her
assistants, members of the faculty, and employees of the
institution, who except as otherwise provided by law, shall
hold their positions during the pleasure of said board of
regents.
(3) Establish entrance requirements for students seeking
admission to the university which meet or exceed the
standards specified under RCW 28B.80.350(2). Completion
of examinations satisfactory to the university may be a
prerequisite for entrance by any applicant at the university’s
discretion. Evidence of completion of public high schools
and other educational institutions whose courses of study
meet the approval of the university may be acceptable for
entrance.
(4) Establish such colleges, schools, or departments
necessary to carry out the purpose of the university and not
otherwise proscribed by law.
(5) With the assistance of the faculty of the university,
prescribe the course of study in the various colleges, schools,
and departments of the institution and publish the necessary
catalogues thereof.
(6) Grant to students such certificates or degrees as
recommended for such students by the faculty. The board,
upon recommendation of the faculty, may also confer
honorary degrees upon persons other than graduates of this
university in recognition of their learning or devotion to
literature, art, or science: PROVIDED, That no degree shall
ever be conferred in consideration of the payment of money
or the giving of property of whatsoever kind.
(7) Accept such gifts, grants, conveyances, bequests, and
devises, whether real or personal property, or both, in trust
or otherwise, for the use or benefit of the university, its
colleges, schools, departments, or agencies; and sell, lease or
exchange, invest or expend the same or the proceeds, rents,
profits, and income thereof except as limited by the terms of
said gifts, grants, conveyances, bequests, and devises. The
board shall adopt proper rules to govern and protect the
receipt and expenditure of the proceeds of all fees, and the
proceeds, rents, profits, and income of all gifts, grants,
conveyances, bequests, and devises above-mentioned.
[Title 28B RCW—page 86]
(8) Except as otherwise provided by law, to enter into
such contracts as the regents deem essential to university
purposes.
(9) To submit upon request such reports as will be
helpful to the governor and to the legislature in providing for
the institution.
(10) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.80.340, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational
programs, and purchase or lease major off-campus facilities.
[1998 c 245 § 16; 1985 c 370 § 92; 1977 c 75 § 20; 1969
ex.s. c 223 § 28B.20.130. Prior: 1939 c 176 § 1, part; 1927
c 227 § 1, part; 1909 c 97 p 240 § 5, part; RRS § 4557,
part; prior: 1895 c 101 § 2, part; 1893 c 122 § 10, part;
1890 pp 396, 397, 398 §§ 7, 9, 11. Formerly RCW
28.77.130, 28.77.140.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.20.134 Powers and duties of regents—Consent
to sale of university granted lands. See RCW 79.01.096.
28B.20.135 Powers and duties of regents—
Employment of architects, engineers, for construction of
buildings and facilities. The board shall have power to
employ or contract for the services of skilled architects and
engineers to prepare plans and specifications, and supervise
the construction of university buildings and facilities and to
fix the compensation for such employees or for such services. [1969 ex.s. c 223 § 28B.20.135. Prior: 1909 c 97 p
242 § 10; RRS § 4563. Formerly RCW 28.77.133.]
28B.20.140 Powers and duties of regents—
Contracts for erection of buildings or improvements. The
board of regents shall enter into such contracts with one or
more contractors for the erection and construction of
university buildings or improvements thereto as in their
judgment shall be deemed for the best interest of the
university; such contract or contracts shall be let after public
notice and under such regulations as shall be established by
said board or as otherwise provided by law to the person or
persons able to perform the same on the most advantageous
terms: PROVIDED, That in all cases said board shall
require from contractors a good and sufficient bond for the
faithful performance of the work, and the full protection of
the state against mechanics’ and other liens: AND PROVIDED FURTHER, That the board shall not have the power
to enter into any contract for the erection of any buildings or
improvements which shall bind said board to pay out any
sum of money in excess of the amount provided for said
purpose. [1969 ex.s. c 223 § 28B.20.140. Prior: 1909 c 97
p 242 § 9; RRS § 4562. Formerly RCW 28.77.137.]
28B.20.145 Powers and duties of regents—Regents’
spending limited by income. The board of regents are
hereby prohibited from creating any debt or in any manner
encumbering the university beyond its capacity for payment
thereof from the biennial income of the university for the
then current biennium. [1969 ex.s. c 223 § 28B.20.145.
(2002 Ed.)
University of Washington
28B.20.145
Prior: 1890 p 399 § 20; RRS § 4566. Formerly RCW
28.77.170.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.20.200 Faculty—Composition—General
powers. The faculty of the University of Washington shall
consist of the president of the university and the professors
and the said faculty shall have charge of the immediate
government of the institution under such rules as may be
prescribed by the board of regents. [1969 ex.s. c 223 §
28B.20.200. Prior: 1909 c 97 p 241 § 6; RRS § 4558;
prior: 1897 c 118 § 187. Formerly RCW 28.77.120.]
28B.20.255 Liability coverage of university personnel and students—As exclusive authority. RCW
28B.20.250 through 28B.20.255 constitutes the exclusive
authority for the board of regents of the University of
Washington to provide liability coverage for its regents,
officers, employees, agents, and students, and further
provides the means for defending and payment of all such
actions, claims, or proceedings. RCW 28B.20.250 through
28B.20.255 shall govern notwithstanding the provisions of
chapter 4.92 RCW and RCW 28B.10.842 and 28B.10.844.
[1975-’76 2nd ex.s. c 12 § 3.]
28B.20.250 Liability coverage of university personnel and students—Authorized—Scope. The board of
regents of the University of Washington, subject to such
conditions and limitations and to the extent it may prescribe,
is authorized to provide by purchase of insurance, by selfinsurance, or by any combination of arrangements, indemnification of regents, officers, employees, agents, and students
from liability on any action, claim, or proceeding instituted
against them arising out of the performance or failure of
performance, of duties for or employment with the university, or of responsibilities imposed by approved programs of
the university, and to hold such persons harmless from any
expenses connected with the defense, settlement, or payment
of monetary judgments from such action, claim, or proceeding. [1975-’76 2nd ex.s. c 12 § 1.]
28B.20.253 Liability coverage of university personnel and students—Self-insurance revolving fund. (1) A
self-insurance revolving fund in the custody of the university
is hereby created to be used solely and exclusively by the
board of regents of the University of Washington for the
following purposes:
(a) The payment of judgments against the university, its
schools, colleges, departments, and hospitals and against its
regents, officers, employees, agents, and students for whom
the defense of an action, claim, or proceeding has been
provided pursuant to RCW 28B.20.250.
(b) The payment of claims against the university, its
schools, colleges, departments, and hospitals and against its
regents, officers, employees, agents, and students for whom
the defense of an action, claim, or proceeding has been
provided pursuant to RCW 28B.20.250: PROVIDED, That
payment of claims in excess of twenty-five thousand dollars
must be approved by the state attorney general.
(c) For the cost of investigation, administration, and
defense of actions, claims, or proceedings, and other purposes essential to its liability program.
(2) Said self-insurance revolving fund shall consist of
periodic payments by the University of Washington from any
source available to it in such amounts as are deemed
reasonably necessary to maintain the fund at levels adequate
to provide for the anticipated cost of payments of incurred
claims and other costs to be charged against the fund.
(3) No money shall be paid from the self-insurance
revolving fund unless first approved by the board of regents,
and unless all proceeds available to the claimant from any
valid and collectible liability insurance shall have been
exhausted. [1997 c 288 § 1; 1991 sp.s. c 13 § 117;
1975-’76 2nd ex.s. c 12 § 2.]
(2002 Ed.)
28B.20.277 Mathematics, engineering, and science
achievement program—Establishment and administration
through university. See RCW 28A.625.210.
28B.20.279 High-technology education and training.
See chapter 28B.65 RCW.
28B.20.280 Masters and doctorate level degrees in
technology authorized—Review by higher education
coordinating board. The board of regents of the University
of Washington may offer masters level and doctorate level
degrees in technology subject to review and approval by the
higher education coordinating board. [1985 c 370 § 82;
1983 1st ex.s. c 72 § 10.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.20.283 Washington technology center—
Findings. The legislature finds that the development and
commercialization of new technology is a vital part of
economic development.
The legislature also finds that it is in the interests of the
state of Washington to provide a mechanism to transfer and
apply research and technology developed at the institutions
of higher education to the private sector in order to create
new products and technologies which provide job opportunities in advanced technology for the citizens of this state.
It is the intent of the legislature that the University of
Washington, the Washington State University, and the
department of community, trade, and economic development
work cooperatively with the private sector in the development and implementation of a world class technology
transfer program. [1995 c 399 § 25; 1992 c 142 § 1.]
28B.20.285 Washington technology center—
Created—Purpose. A Washington technology center is
created to be a collaborative effort between the state’s
universities, private industry, and government. The technology center shall be headquartered at the University of Washington. The mission of the technology center shall be to
perform and commercialize research on a statewide basis that
benefits the intermediate and long-term economic vitality of
the state of Washington, and to develop and strengthen
university-industry relationships through the conduct of
[Title 28B RCW—page 87]
28B.20.285
Title 28B RCW: Higher Education
research that is primarily of interest to Washington-based
companies or state economic development programs. The
technology center shall:
(1) Perform and/or facilitate research supportive of state
science and technology objectives, particularly as they relate
to state industries;
(2) Provide leading edge collaborative research and
technology transfer opportunities primarily to state industries;
(3) Provide substantial opportunities for training
undergraduate and graduate students through direct involvement in research and industry interactions;
(4) Emphasize and develop nonstate support of the
technology center’s research activities; and
(5) Provide a forum for effective interaction between the
state’s technology-based industries and its academic research
institutions through promotion of faculty collaboration with
industry, particularly within the state. [1992 c 142 § 3; 1983
1st ex.s. c 72 § 11.]
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.20.287 Washington technology center—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout RCW
28B.20.285 and *28B.20.289 through 28B.20.295.
(1) "Technology center" means the Washington technology center, including the affiliated staff, faculty, facilities,
and research centers operated by the technology center.
(2) "Board" means the board of directors of the Washington technology center.
(3) "High technology" or "technology" includes but is
not limited to the modernization, miniaturization, integration,
and computerization of electronic, hydraulic, pneumatic,
laser, mechanical, robotics, nuclear, chemical, telecommunication, and other technological applications to enhance
productivity in areas including but not limited to manufacturing, communications, medicine, bioengineering, and commerce. [1992 c 142 § 2.]
*Reviser’s note: The reference to "sections 3 through 8 of this act"
has been translated to "RCW 28B.20.289 through 28B.20.295." A literal
translation would have been "RCW 28B.20.285 through 28B.20.295 and
1992 c 142 § 8 (uncodified)."
28B.20.289 Washington technology center—
Administration—Board of directors. (1) The technology
center shall be administered by the board of directors of the
technology center.
(2) The board shall consist of the following members:
Fourteen members from among individuals who are associated with or employed by technology-based industries and
have broad business experience and an understanding of high
technology; eight members from the state’s universities with
graduate science and engineering programs; the executive
director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the
provost of the University of Washington or his or her
designated representative; the provost of the Washington
State University or his or her designated representative; and
the director of the department of community, trade, and
economic development or his or her designated representative. The term of office for each board member, excluding
the executive director of the Spokane Intercollegiate Re[Title 28B RCW—page 88]
search and Technology Institute, the provost of the University of Washington, the provost of the Washington State
University, and the director of the department of community,
trade, and economic development, shall be three years. The
executive director of the technology center shall be an ex
officio, nonvoting member of the board. The board shall
meet at least quarterly. Board members shall be appointed
by the governor based on the recommendations of the
existing board of the technology center, and the research
universities. The governor shall stagger the terms of the first
group of appointees to ensure the long term continuity of the
board.
(3) The duties of the board include:
(a) Developing the general operating policies for the
technology center;
(b) Appointing the executive director of the technology
center;
(c) Approving the annual operating budget of the
technology center;
(d) Establishing priorities for the selection and funding
of research projects that guarantee the greatest potential
return on the state’s investment;
(e) Approving and allocating funding for research
projects conducted by the technology center, based on the
recommendations of the advisory committees for each of the
research centers;
(f) In cooperation with the department of community,
trade, and economic development, developing a biennial
work plan and five-year strategic plan for the technology
center that are consistent with the statewide technology
development and commercialization goals;
(g) Coordinating with the University of Washington,
Washington State University, and other participating institutions of higher education in the development of training,
research, and development programs to be conducted at the
technology center that shall be targeted to meet industrial
needs;
(h) Assisting the department of community, trade, and
economic development in the department’s efforts to develop
state science and technology public policies and coordinate
publicly funded programs;
(i) Reviewing annual progress reports on funded
research projects that are prepared by the advisory committees for each of the research centers;
(j) Providing an annual report to the governor and the
legislature detailing the activities and performance of the
technology center; and
(k) Submitting annually to the department of community, trade, and economic development an updated strategic
plan and a statement of performance measured against the
mission, roles, and contractual obligations of the technology
center. [1995 c 399 § 26; 1992 c 142 § 4.]
28B.20.291 Washington technology center—Support
from participating institutions. The University of Washington, Washington State University, and other participating
institutions of higher education shall provide the affiliated
staff, faculty, and facilities required to support the operation
of the technology center. [1992 c 142 § 5.]
(2002 Ed.)
University of Washington
28B.20.293 Washington technology center—Role of
department of community, trade, and economic development. The department of community, trade, and economic
development shall contract with the University of Washington for the expenditure of state-appropriated funds for the
operation of the Washington technology center. The
department of community, trade, and economic development
shall provide guidance to the technology center regarding
expenditure of state-appropriated funds and the development
of the center’s strategic plan. The director of the department
of community, trade, and economic development shall not
withhold funds appropriated for the technology center if the
technology center complies with the provisions of its
contract with the department of community, trade, and
economic development. The department shall be responsible
to the legislature for the contractual performance of the
center. [1995 c 399 § 27; 1992 c 142 § 6.]
28B.20.295 Washington technology center—
Availability of facilities to other institutions. The facilities
of the technology center shall be made available to other
institutions of higher education within the state when this
would benefit specific program needs. [1992 c 142 § 7.]
28B.20.300 Schools of medicine, dentistry, and
related health services—Authorization. The board of
regents of the University of Washington is hereby authorized
and directed forthwith to establish, operate and maintain
schools of medicine, dentistry, and related health sciences at
the university. [1969 ex.s. c 223 § 28B.20.300. Prior: 1945
c 15 § 1; Rem. Supp. 1945 § 4566-5. Formerly RCW
28.77.200.]
Autopsy of deceased infant under three years, delivery of body to University
of Washington medical school for purposes of, costs: RCW 68.50.100,
68.50.104.
Requisites for accreditation and approval of medical schools: RCW
18.71.055.
28B.20.305 Schools of medicine, dentistry, and
related health services—Purpose. The aim and purpose of
the schools of medicine, dentistry and related health sciences
shall be to provide for students of both sexes, on equal
terms, all and every type of instruction in the various
branches of medicine, dentistry, and related health sciences
and to grant such degrees as are commonly granted by
similar institutions. [1969 ex.s. c 223 § 28B.20.305. Prior:
1945 c 15 § 2; Rem. Supp. 1945 § 4566-6. Formerly RCW
28.77.210.]
28B.20.315 Drug testing laboratory—Service—
Employees as expert witnesses, traveling expenses and
per diem. The University of Washington is authorized and
directed to arrange for a drug testing laboratory. The
laboratory shall offer a testing service for law enforcement
officers for the identification of known or suspected dangerous and narcotic drugs. Employees of the laboratory are
authorized to appear as expert witnesses in criminal trials
held within the state: PROVIDED, That the traveling
expenses and per diem of such employees shall be borne by
the party for the benefit of whom the testimony of such
(2002 Ed.)
28B.20.293
employees is requested. [1969 ex.s. c 266 § 1. Formerly
RCW 28.77.215.]
28B.20.320 Marine biological preserve—Established
and described. There is hereby created an area of preserve
of marine biological materials useful for scientific purposes,
except when gathered for human food, and except, also, the
plant nereocystis, commonly called "kelp." Said area of
preserve shall consist of the salt waters and the beds and
shores of the islands constituting San Juan county and of
Cypress Island in Skagit county. [1969 ex.s. c 223 §
28B.20.320. Prior: 1923 c 74 § 1; RRS § 8436-1. Formerly RCW 28.77.230.]
28B.20.322 Marine biological preserve—Gathering
permit. No person shall gather said marine biological
materials from said area of preserve, except upon permission
first granted by the director of the Friday Harbor Laboratories of the University of Washington. [1969 ex.s. c 223 §
28B.20.322. Prior: 1923 c 74 § 2; RRS § 8436-2. Formerly RCW 28.77.231, 28.77.230, part.]
28B.20.324 Marine biological preserve—Penalty for
unlawful gathering. Any person gathering said marine
biological materials contrary to the terms of RCW
28B.20.320 and 28B.20.322 shall be guilty of a misdemeanor. [1969 ex.s. c 223 § 28B.20.324. Prior: 1923 c 74 § 3;
RRS § 8436-3. Formerly RCW 28.77.232, 28.77.230, part.]
28B.20.328 Lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands.
(1) Any lease of public lands with outdoor recreation potential authorized by the regents of the University of Washington shall be open and available to the public for compatible recreational use unless the regents of the University of
Washington determine that the leased land should be closed
in order to prevent damage to crops or other land cover, to
improvements on the land, to the lessee, or to the general
public or is necessary to avoid undue interference with
carrying forward a university program. Any lessee may file
an application with the regents of the University of Washington to close the leased land to any public use. The regents
shall cause a written notice of the impending closure to be
posted in a conspicuous place in the university’s business
office and in the office of the county auditor in which the
land is located thirty days prior to the public hearing. This
notice shall state the parcel or parcels involved and shall
indicate the time and place of the public hearing. Upon a
determination by the regents that posting is not necessary,
the lessee shall desist from posting. Upon a determination
by the regents that posting is necessary, the lessee shall post
his leased premises so as to prohibit recreational uses
thereon. In the event any such lands are so posted, it shall
be unlawful for any person to hunt or fish, or for any person
other than the lessee or his immediate family to use any such
posted lands for recreational purposes.
(2) The regents of the University of Washington may
insert the provisions of subsection (1) of this section in all
leases hereafter issued. [1969 ex.s. c 46 § 3. Formerly
RCW 28.77.235.]
[Title 28B RCW—page 89]
28B.20.330
Title 28B RCW: Higher Education
28B.20.330 Rights-of-way to railroads and street
car railways—Conditions. Any railroad company now
having in operation a line of railroad, or branches, sidings,
or spurs thereof, upon any property in this state in use by the
University of Washington for university purposes, or as a
part of the grounds set aside or devoted to university
purposes, may have such right-of-way confirmed to it, its
successors and assigns, upon the following terms and
conditions: Such railroad company shall file with the board
of regents of said university a plat showing the right-of-way
desired, and shall file a duplicate thereof with the commissioner of public lands; and any railroad company or street
car company desiring hereafter to construct a railroad or
street car line, or extensions thereof, with branches, sidings,
or spurs, upon any property in this state in use by the
University of Washington for university purposes, or as a
part of the ground set aside or devoted to university purposes, may have such right-of-way confirmed to it, its successors and assigns, upon the following terms and conditions:
Such railroad company or street car company shall file with
the board of regents of said university a plat showing the
right-of-way desired, and shall file a duplicate thereof with
the commissioner of public lands. [1969 ex.s. c 223 §
28B.20.330. Prior: 1909 c 248 § 1; RRS § 8095. Formerly
RCW 28.77.240.]
28B.20.332 Rights-of-way to railroads and street
car railways—Regents to make agreement. The board of
regents of said University of Washington are authorized,
upon the filing of such plat with it, to agree in writing with
any such railroad company or street car company, upon the
boundaries and the extent of such right-of-way, the manner
in which the same shall be maintained and fenced and occupied, and prescribe the number, character, and maintenance
of crossings, cross-overs, and subways, and as to what sum
said railroad company or street car company shall pay for
the right-of-way granted. [1969 ex.s. c 223 § 28B.20.332.
Prior: 1909 c 248 § 2; RRS § 8096. Formerly RCW
28.77.250.]
28B.20.334 Rights-of-way to railroads and street
car railways—Form of deed—Certified copy filed. If
such agreement is entered into, said board of regents shall
transmit a certified copy thereof to the commissioner of
public lands, who shall, after the full amount of money
provided in such agreement shall be paid by said railroad
company or street car company to the state treasurer, issue
to such railroad company or street car company, in the name
of the state of Washington, a deed for the right-of-way
described in such agreement, which said deed shall recite
and be subject to all the terms and conditions of such agreement, and certified copies of said deed shall be filed, one in
the office of the commissioner of public lands, and the other
with the secretary of said board of regents. [1969 ex.s. c
223 § 28B.20.334. Prior: 1909 c 248 § 3; RRS § 8097.
Formerly RCW 28.77.260.]
28B.20.336 Rights-of-way to railroads and street
car railways—Deed conveys conditional easement. The
conveyance herein provided for shall not be deemed to
convey the fee to the land described, but an easement only
[Title 28B RCW—page 90]
thereover and for railroad or street car purposes only, and
when the right-of-way granted as aforesaid shall not be used
for the purposes for which it was granted, then and thereupon the easement right shall immediately become void. [1969
ex.s. c 223 § 28B.20.336. Prior: 1909 c 248 § 4; RRS §
8098. Formerly RCW 28.77.270.]
28B.20.340 University site dedicated for street and
boulevard purposes—Description. There is hereby
dedicated to the public for street and boulevard purposes the
following described lands situated in section 16, township 25
north, range 4 east, W.M., and blocks 7 and 8 of Lake
Washington shore lands, to wit: Beginning at the onequarter (1/4) corner on the north line of said section sixteen
(16); thence east along the north line thereof, a distance of
three hundred forty-nine and thirty-four one-hundredths
(349.34) feet; thence south at right angles to the said north
line, a distance of thirty-five feet to the point of beginning
of this description; thence south eighty-nine degrees fiftyseven minutes and forty-three seconds (89˚57’43") east a
distance of six hundred seventy-three and seventeen onehundredths (673.17) feet; thence southwesterly along the arc
of a curve to the left, having a uniform radius of one
thousand (1,000) feet, said curve being tangent to the last
above described line, a distance of one thousand three
hundred seventy-three and six one-hundredths (1,373.06) feet
to a point of tangency; thence south eleven degrees twentytwo minutes and two seconds (11˚22’02") west, a distance of
five hundred fifty-six and twenty-two one-hundredths
(556.22) feet to a point of tangency on the easterly margin
of Montlake Boulevard as laid off and established by
Ordinance No. 26332; thence along said easterly margin
northerly along the arc of a curve to the left, having a
uniform radius of four hundred sixty (460) feet, a distance
of one hundred forty-three and forty-one one-hundredths
(143.41) feet to a point of a reverse curve; thence northerly
along the arc of a curve to the right having a uniform radius
of four hundred sixty (460) feet, a distance of one hundred
twenty and ninety-four one-hundredths (120.94) feet to a
point of reverse curve; thence northerly along the arc of a
curve to the left, having a uniform radius of two thousand
nine hundred seventy-four and ninety-three one-hundredths
(2,974.93) feet, a distance of two hundred eighty-four (284)
feet; thence departing from said easterly margin north eleven
degrees twenty-two minutes and two seconds (11˚22’02")
east, a distance of fourteen and seventy-four one-hundredths
(14.74) feet to the beginning of a curve to the right, having
a uniform radius of one thousand seventy (1,070) feet;
thence northeasterly along the arc of said curve, a distance
of seven hundred ninety-six and thirty-three one-hundredths
(796.33) feet to a point of reverse curve; thence northeasterly, northerly and northwesterly along the arc of a curve to
the left, having a uniform radius of seventy-four and fortysix one-hundredths (74.46) feet, a distance of one hundred
eighty-seven and ten one-hundredths (187.10) feet to the
point of beginning.
Also the following described lands, to wit: Beginning
at a point on the east line of said section, said point being
distant nine hundred eighty-nine and sixty one-hundredths
(989.60) feet south from the northeast corner of said section;
thence south along said east line a distance of four hundred
(2002 Ed.)
University of Washington
seventy-nine and fifty-three one-hundredths (479.53) feet to
a point on the government meander line along the shore of
Lake Washington; thence along said meander line south
seventy-eight degrees thirteen minutes thirty-three seconds
(78˚13’33") west, a distance of sixty-six and fifty one-hundredths (66.50) feet; thence north twenty-nine degrees fortysix minutes twenty-seven seconds (29˚46’27") west, a
distance of one hundred sixty-six and ninety-two onehundredths (166.92) feet; thence departing from said meander line north no degrees fifty-three minutes seven seconds
(0˚53’07") east, a distance of three hundred fifty-four and
sixty-three one-hundredths (354.63) feet; thence northwesterly along the arc of a curve to the right having a uniform
radius of one hundred eighty-five (185) feet, a distance of
twenty-two and two one-hundredths (22.02) feet to a point
of tangency on a line which bears north twenty-nine degrees
six minutes fifty-three seconds (29˚06’53") west; thence
northwesterly along said line, a distance of nine hundred
eighteen and sixty-five one-hundredths (918.65) feet to the
beginning of a curve to the left, having a uniform radius of
two hundred fifty (250) feet; thence northwesterly along the
arc of said curve, a distance of two hundred sixty-five and
fifty one-hundredths (265.50) feet to a point of tangency on
the south margin of East Forty-fifth Street; thence east along
said south margin, a distance of three hundred twenty-nine
and fourteen one-hundredths (329.14) feet to a point which
is distant five hundred ten and seventy-nine one-hundredths
(510.79) feet west from the east line of said section sixteen
(16); thence southwesterly, southerly and southeasterly along
the arc of a curve to the left having a uniform radius of sixty
(60) feet a distance of one hundred twenty-four and seventyeight one-hundredths (124.78) feet to a point of tangency;
thence south twenty-nine degrees six minutes fifty-three
seconds (29˚06’53") east, a distance of nine hundred twentyfour and twenty-four one-hundredths (924.24) feet to the
beginning of a curve to the left having a uniform radius of
one hundred fifteen (115) feet; thence southeasterly along the
arc of said curve, a distance of one hundred twenty and
fifty-one one-hundredths (120.51) feet to the point of
beginning. [1969 ex.s. c 223 § 28B.20.340. Prior: 1913 c
24 § 1. Formerly RCW 28.77.280.]
28B.20.342 University site dedicated for street and
boulevard purposes—Local assessments barred against
site. No assessments for the opening, improvement or
maintenance of any public street upon the tracts of land
described in RCW 28B.20.340 shall ever be levied, assessed
or collected upon any portion of section 16, township 25
north, range 4 east, W.M., or upon any portion of blocks 7
and 8 Lake Washington shorelands. [1969 ex.s. c 223 §
28B.20.342. Prior: 1913 c 24 § 2. Formerly RCW
28.77.290.]
28B.20.344 University site dedicated for street and
boulevard purposes—Eminent domain may not be
exercised against site. The power of eminent domain of
any municipal or other corporation whatever is hereby
declared not to extend to any portion of said section 16,
township 25 north, range 4 east, W.M., and blocks 7 and 8
of Lake Washington shorelands. [1969 ex.s. c 223 §
(2002 Ed.)
28B.20.340
28B.20.344. Prior: 1913 c 24 § 3. Formerly RCW
28.77.300.]
28B.20.350 1947 conveyance for arboretum and
botanical garden purposes—Description. There is hereby
granted to the University of Washington the following
described land, to wit:
Lots two (2) and three (3), Block eleven-A (11-A) of
the supplemental map of Lake Washington shorelands, filed
September 5, 1916 in the office of the commissioner of
public lands, to be used for arboretum and botanical garden
purposes and for no other purposes, except as provided in
RCW 28B.20.354. [1969 ex.s. c 223 § 28B.20.350. Prior:
1947 c 45 § 1. Formerly RCW 28.77.310.]
28B.20.352 1947 conveyance for arboretum and
botanical garden purposes—Deed of conveyance. The
commissioner of public lands is hereby authorized and
directed to certify the lands described in RCW 28B.20.350
to the governor, and the governor is hereby authorized and
directed to execute, and the secretary of state to attest, a
deed of said shorelands to the university. [1969 ex.s. c 223
§ 28B.20.352. Prior: 1947 c 45 § 2. Formerly RCW
28.77.315.]
28B.20.354 1947 conveyance for arboretum and
botanical garden purposes—Part may be conveyed by
regents to city of Seattle. (1) The board of regents of the
University of Washington is hereby authorized to convey to
the city of Seattle that portion of said lot three (3) of the
shorelands described in RCW 28B.20.350 which is within
the following described tract, to wit:
A rectangular tract of land one hundred twenty (120)
feet in north-south width, and four hundred (400) feet in
east-west length, with the north boundary coincident with the
north boundary of the old canal right of way, and the west
boundary on the southerly extension of the west line of Lot
eleven (11), Block four (4), Montlake Park, according to the
recorded plat thereof, approximately five hundred sixty (560)
feet east of the east line of Montlake Boulevard.
(2) The board of regents is authorized to convey to the
city of Seattle free of all restrictions or limitations, or to
incorporate in the conveyance to the city of Seattle such
provisions for reverter of said land to the university as the
board deems appropriate. Should any portion of the land so
conveyed to the city of Seattle again vest in the university
by reason of the operation of any provisions incorporated by
the board in the conveyance to the city of Seattle, the
University of Washington shall hold such reverted portion
subject to the reverter provisions of RCW 28B.20.356.
[1969 ex.s. c 223 § 28B.20.354. Prior: 1947 c 45 § 3.
Formerly RCW 28.77.320.]
28B.20.356 1947 conveyance for arboretum and
botanical garden purposes—Reversion for unauthorized
use—Reconveyance for highway purposes. In case the
University of Washington should attempt to use or permit
the use of such shorelands or any portion thereof for any
other purpose than for arboretum and botanical garden
purposes, except as provided in RCW 28B.20.354, the same
shall forthwith revert to the state of Washington without suit,
[Title 28B RCW—page 91]
28B.20.356
Title 28B RCW: Higher Education
action or any proceedings whatsoever or the judgment of any
court forfeiting the same: PROVIDED, That the board of
regents of the University of Washington is hereby authorized
and directed to reconvey to the state of Washington block
eleven-A (11-A) of the supplemental map of Lake Washington shorelands, filed September 5, 1916 in the office of the
commissioner of public lands, or such portion thereof as may
be required by the state of Washington or any agency thereof
for state highway purposes. The state of Washington or any
agency thereof requiring said land shall pay to the University
of Washington the fair market value thereof and such
moneys paid shall be used solely for arboretum purposes.
Such reconveyance shall be made at such time as the state
or such agency has agreed to pay the same. [1969 ex.s. c
223 § 28B.20.356. Prior: 1959 c 164 § 2; 1947 c 45 § 4;
No RRS. Formerly RCW 28.77.330.]
28B.20.360 1939 conveyance of shorelands to
university—Description. The commissioner of public lands
of the state of Washington is hereby authorized and directed
to certify in the manner now provided by law to the governor for deeding to the University of Washington all of the
following described Lake Washington shorelands, to wit:
Blocks sixteen (16) and seventeen (17), Lake Washington
Shorelands, as shown on the map of said shorelands on file
in the office of the commissioner of public lands. [1969
ex.s. c 223 § 28B.20.360. Prior: 1939 c 60 § 1; No RRS.
Formerly RCW 28.77.333.]
28B.20.362 1939 conveyance of shorelands to
university—Deed of conveyance. The governor is hereby
authorized and directed to execute, and the secretary of state
to attest, a deed conveying to the University of Washington
all of said shorelands. [1969 ex.s. c 223 § 28B.20.362.
Prior: 1939 c 60 § 2; No RRS. Formerly RCW 28.77.335.]
28B.20.364 1939 conveyance of shorelands to
university—Grant for arboretum and botanical garden
purposes—Reversion for unauthorized use—
Reconveyance for highway purposes. All of the
shorelands described in RCW 28B.20.360 are hereby granted
to the University of Washington to be used for arboretum
and botanical garden purposes and for no other purposes. In
case the said University of Washington should attempt to use
or permit the use of said shorelands or any portion thereof
for any other purpose, the same shall forthwith revert to the
state of Washington without suit, action or any proceedings
whatsoever or the judgment of any court forfeiting the same:
PROVIDED, That the board of regents of the University of
Washington is hereby authorized and directed to reconvey to
the state of Washington blocks 16 and 17 of Lake Washington shorelands, or such portions thereof as may be required
by the state of Washington or any agency thereof for state
highway purposes. The state of Washington or any agency
thereof requiring said land shall pay to the University of
Washington the fair market value thereof and such moneys
paid shall be used solely for arboretum purposes. Such
reconveyance shall be made at such time as the state or such
agency has agreed to pay the same. [1969 ex.s. c 223 §
28B.20.364. Prior: 1959 c 164 § 1; 1939 c 60 § 3; No
RRS. Formerly RCW 28.77.337.]
[Title 28B RCW—page 92]
28B.20.370 Transfer of certain Lake Union
shorelands to university. Block 18-A, Second Supplemental Maps of Lake Union Shore Lands, as shown on the
official maps thereof on file in the office of the commissioner of public lands, is hereby transferred to the University of
Washington and shall be held and used for university
purposes only. [1969 ex.s. c 223 § 28B.20.370. Prior:
1963 c 71 § 1. Formerly RCW 28.77.339.]
28B.20.381 "University tract" defined. For the
purposes of this chapter, "university tract" means the tract of
land in the city of Seattle, consisting of approximately ten
acres, originally known as the "old university grounds," and
more recently referred to as the "metropolitan tract," together
with all buildings, improvements, facilities, and appurtenances thereon. [1999 c 346 § 2.]
Purpose—Construction—1999 c 346: "The purpose of this act is to
consolidate the statutes authorizing the board of regents of the University
of Washington to control the property of the university. Nothing in this act
may be construed to diminish in any way the powers of the board of regents
to control its property including, but not limited to, the powers now or
previously set forth in RCW *28B.20.392 through 28B.20.398." [1999 c
346 § 1.]
*Reviser’s note: RCW 28B.20.392 was repealed by 1999 c 346 § 8.
Effective date—1999 c 346: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 17, 1999]." [1999 c 346 § 9.]
28B.20.382 University tract—Conditions for sale,
lease, or lease renewal—Inspection of records—Deposit
of proceeds—University of Washington facilities bond
retirement account. (1) Until authorized by statute of the
legislature, the board of regents of the university, with
respect to the university tract, shall not sell the land or any
part thereof or any improvement thereon, or lease the land
or any part thereof or any improvement thereon or renew or
extend any lease thereof for a term of more than eighty
years. Any sale of the land or any part thereof or any
improvement thereon, or any lease or renewal or extension
of any lease of the land or any part thereof or any improvement thereon for a term of more than eighty years made or
attempted to be made by the board of regents shall be null
and void until the same has been approved or ratified and
confirmed by legislative act.
(2) The board of regents shall have power from time to
time to lease the land, or any part thereof or any improvement thereon for a term of not more than eighty years. Any
and all records, books, accounts, and agreements of any lessee or sublessee under this section, pertaining to compliance
with the terms and conditions of such lease or sublease, shall
be open to inspection by the board of regents, the ways and
means committee of the senate, the appropriations committee
of the house of representatives, and the joint legislative audit
and review committee or any successor committees. It is not
intended that unrelated records, books, accounts, and
agreements of lessees, sublessees, or related companies be
open to such inspection. The board of regents shall make a
full, detailed report of all leases and transactions pertaining
to the land or any part thereof or any improvement thereon
to the joint legislative audit and review committee, including
one copy to the staff of the committee, during odd-numbered
years.
(2002 Ed.)
University of Washington
(3) The net proceeds from the sale or lease of land in
the university tract, or any part thereof or any improvement
thereon, shall be deposited into the University of Washington
facilities bond retirement account hereby established outside
the state treasury as a nonappropriated local fund to be used
exclusively for the purpose of erecting, altering, maintaining,
equipping, or furnishing buildings at the University of
Washington. The board of regents shall transfer from the
University of Washington facilities bond retirement account
to the University of Washington building account under
RCW 43.79.080 any funds in excess of amounts reasonably
necessary for payment of debt service in combination with
other nonappropriated local funds related to capital projects
for which debt service is required under section 4, chapter
380, Laws of 1999. [1999 c 346 § 3; 1998 c 245 § 17; 1996
c 288 § 27; 1987 c 505 § 13; 1980 c 87 § 10; 1977 ex.s. c
365 § 1; 1974 ex.s. c 174 § 1.]
Purpose—Construction—Effective date—1999 c 346: See notes
following RCW 28B.20.381.
28B.20.394 University tract—Powers of regents—
Agreements to pay for governmental services. In addition
to the powers conferred upon the board of regents of the
University of Washington by RCW 28B.20.395, the board of
regents is authorized and shall have the power to enter into
an agreement or agreements with the city of Seattle and the
county of King, Washington, to pay to the city and the
county such sums as shall be mutually agreed upon for
governmental services rendered to the university tract, which
sums shall not exceed the amounts that would be received
pursuant to limitations imposed by RCW 84.52.043 by the
city of Seattle and county of King respectively from real and
personal property taxes paid on the university tract or any
leaseholds thereon if such taxes could lawfully be levied.
[1999 c 346 § 4; 1973 1st ex.s. c 195 § 10; 1972 ex.s. c 107
§ 1; 1969 ex.s. c 223 § 28B.20.394. See also 1973 1st ex.s.
c 195 § 140. Prior: 1955 c 229 § 1. Formerly RCW
28.77.361.]
Purpose—Construction—Effective date—1999 c 346: See notes
following RCW 28B.20.381.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
28B.20.395 University tract—Powers of regents,
generally. In addition to the powers conferred under the
original deeds of conveyance to the state of Washington and
under existing law, and subject to RCW 28B.20.382, the
board of regents has full control of the university tract as
provided in this chapter including, but not limited to:
(1) With regard to the whole or portions of the land, the
authority to manage, to improve, to alter, to operate, to lease,
to contract indebtedness, to borrow funds, to issue bonds,
notes, and warrants, to provide for the amortization of and
to pay the bonds, notes, warrants, and other evidences of
indebtedness, at or prior to maturity, to use and pledge the
income derived from operating, managing, and leasing the
university tract for such purpose, and to otherwise own,
operate, and control the university tract to the same extent as
any other property of the university;
(2) With regard to the whole or portions of any building
or buildings or other improvements thereon or appurtenances
thereto, the authority to sell, subject to the terms of any
(2002 Ed.)
28B.20.382
underlying lease on the land, to manage, to improve, to alter,
to operate, to lease, to grant a deed of trust or a mortgage
lien, to contract indebtedness, to borrow funds, to issue
bonds, notes, and warrants, to provide for the amortization
thereof and to pay the bonds, notes, warrants, and other
evidences of indebtedness, at or prior to maturity, to use and
pledge the income derived from operating, managing, and
leasing the university tract for such purpose, and to otherwise own, operate, and control the university tract to the
same extent as any other property of the university consistent
with the purpose of the donors of the metropolitan tract.
[1999 c 346 § 5.]
Purpose—Construction—Effective date—1999 c 346: See notes
following RCW 28B.20.381.
28B.20.396 University tract—Bonding authority.
Bonds issued pursuant to the authority granted under RCW
28B.20.395:
(1) Shall not constitute (a) an obligation, either general
or special, of the state or (b) a general obligation of the
University of Washington or of the board of regents;
(2) Shall be:
(a) Either in bearer form or in registered form as
provided in RCW 39.46.030, and
(b) Issued in denominations of not less than one
hundred dollars;
(3) Shall state:
(a) The date of issue, and
(b) The series of the issue and be consecutively numbered within the series, and
(c) That the bond is payable only out of a special fund
established for the purpose, and designate the fund;
(4) Shall bear interest, payable either annually, or
semiannually as the board of regents may determine;
(5) Shall be payable solely out of:
(a) Revenue derived from operating, managing and
leasing the university tract, and
(b) A special fund, created by the board of regents for
the purpose, consisting either of (i) a fixed proportion, or (ii)
a fixed amount out of and not exceeding a fixed proportion,
or (iii) a fixed amount without regard to any fixed proportion, of the revenue so derived;
(6) May contain covenants by the board of regents in
conformity with the provisions of RCW 28B.20.398(2);
(7) Shall be payable at such times over a period of not
to exceed thirty years, in such manner and at such place or
places as the board of regents determines;
(8) Shall be executed in such manner as the board of
regents by resolution determines;
(9) Shall be sold in such manner as the board of regents
deems for the best interest of the University of Washington;
(10) May be issued under chapter 39.46 RCW. [1999
c 346 § 6; 1983 c 167 § 33; 1970 ex.s. c 56 § 25; 1969 ex.s.
c 232 § 99; 1969 ex.s. c 223 § 28B.20.396. Prior: 1947 c
284 § 3; Rem. Supp. 1947 § 4566-13. Formerly RCW
28.77.370.]
Purpose—Construction—Effective date—1999 c 346: See notes
following RCW 28B.20.381.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
[Title 28B RCW—page 93]
28B.20.396
Title 28B RCW: Higher Education
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.20.398 University tract—Powers of regents—
Bond issuance—Covenants—Redemption—Action for
compliance. (1) Any resolution of the board of regents
pursuant to the provisions of RCW 28B.20.395 shall provide
for the creation of a special fund, in conformity with the
provisions of RCW 28B.20.396(5)(b).
(2) Any resolution authorizing the issuance of bonds
pursuant to the provisions of RCW 28B.20.395, 28B.20.396,
and 28B.20.398 may contain covenants of the board of
regents to protect and safeguard the security and rights of the
owners of any such bonds such as are then customary in
connection with similar bonds and considered advisable in
order to assure the maximum marketability for said bonds.
Without limiting the generality of the foregoing, any such
resolution may contain covenants as to:
(a) The creation of a special fund into which the
proceeds of all bonds issued pursuant to the provisions of
such resolution shall be deposited, the terms and conditions
upon which payments may be made from such special fund,
and for the payment of interest on bonds issued pursuant to
such resolution from the moneys in said fund;
(b) Maintaining rental and leasehold rates and other
charges at a level sufficient at all times to provide revenue
(i) to pay the interest on and principal of all bonds and other
obligations payable from said revenue, (ii) to make all other
payments from said revenues required under the provisions
of any resolution adopted in connection with the issuance of
warrants or bonds under RCW 28B.20.395, 28B.20.396, and
28B.20.398 and (iii) to pay the operating, management,
maintenance, repair and upkeep costs of the university tract;
(c) Collection, deposit, custody and disbursement of the
revenues from the university tract or any portions thereof
including (i) a specification of the depositaries to be designated, and (ii) authorization of such depositaries, or other
banks or trust companies, to act as fiscal agent of the board
of regents for the custody of the proceeds of bonds and the
moneys held in any funds created pursuant to RCW
28B.20.395, 28B.20.396, and 28B.20.398, or any resolution
authorizing such bonds, and to represent bond owners in the
event of a default on such bonds or in the event of a default
in the performance of any duty or obligation of the board of
regents in connection therewith, with such power and duty
as such resolution may provide;
(d) Creation and administration of reserve and other
funds for the payment, at or prior to maturity, of any
indebtedness chargeable against the revenues from the university tract and for creation of working funds, depreciation
funds, replacement funds, reserves for extraordinary repairs
and any other fund deemed necessary or desirable to insure
the continued profitable operation of the said university tract;
(e) Deposit of collateral security or indemnity bonds to
secure the proceeds (i) of bonds issued pursuant to the
provisions of such resolution and (ii) of all revenues which
are pledged to secure the repayment of bonds issued pursuant to the provisions of such resolution and (iii) of all
moneys deposited in any special fund created under the
authority of RCW 28B.20.395, 28B.20.396, and 28B.20.398
or any covenant thereunder;
[Title 28B RCW—page 94]
(f) The obligation of the board of regents to maintain
the building or buildings in good condition and to operate
and manage the same in an economical and efficient manner;
(g) The amount and kind of insurance to be carried by
the board of regents in connection with the building or
buildings, the companies in which such insurance shall be
carried, the term thereof, the application of the proceeds of
any such insurance, and adjustments of losses under any
such policy of insurance;
(h) Limitations upon the amount of additional bonds,
warrants and other obligations payable out of the revenues
from the building or buildings which may be thereafter
issued and the terms and conditions upon which such additional bonds, warrants or other obligations may be issued;
(i) Limitations upon the creation of additional liens or
encumbrances on the building or buildings or the personal
property used in connection therewith;
(j) The terms and conditions upon which the building or
buildings, or any part thereof, may be sold, mortgaged,
leased or otherwise disposed of, and the use or other
disposition of the proceeds of any such sale, mortgage or
lease;
(k) The methods of operation, management and maintenance of the building or buildings;
(l) Accounting and auditing and the keeping of records,
reports and audits with respect to the building or buildings;
(m) The amendment or modification of any resolution
authorizing the issuance of bonds pursuant to the provisions
of RCW 28B.20.395, 28B.20.396, and 28B.20.398, including
the terms and conditions upon which such amendment or
modification may be effected and the number, amount or
percentage of assenting bonds necessary to effectuate the
same;
(n) Limitations upon the use of space or facilities in the
building or buildings without payment therefor; and
(o) Such other matters as may be necessary or desirable
to insure a successful and profitable operation of the building
or buildings.
(3) The term "building or buildings" as used in subsection (2) of this section means the building or buildings or
improvements upon the university tract with respect to which
the revenues are pledged, under the terms of the resolution,
to secure the payment of bonds issued under such resolution.
(4) The provisions of RCW 28B.20.395, 28B.20.396,
and 28B.20.398 and of any resolution adopted in conformity
with the provisions of this section shall constitute a contract
with the owners of warrants or bonds issued pursuant
thereto, and the provisions thereof shall be enforceable in
any court of competent jurisdiction by any owner of such
warrants or bonds by mandamus or any other appropriate
suit, action or proceeding at law or in equity.
(5) Bonds issued pursuant to the provisions of RCW
28B.20.395, 28B.20.396, and 28B.20.398 may be redeemed,
at the option of the board of regents, at such time or times,
upon such terms and conditions, and at such premiums as
the board of regents specifies in the resolution.
(6) If the board of regents fails to pay the required
amounts into the special fund, established in conformity with
subsection (2) of this section, the owner of any bond or
bonds affected thereby may maintain an action against the
board of regents to compel compliance with the terms of the
resolution in this respect.
(2002 Ed.)
University of Washington
(7) Pending the preparation and execution of any bonds
the issuance of which is authorized under the provisions of
subsection (2) of this section, temporary bonds may be
issued in such form as the board of regents determines.
[1999 c 346 § 7; 1983 c 167 § 34; 1969 ex.s. c 223 §
28B.20.398. Prior: 1947 c 284 § 4; Rem. Supp. 1947 §
4566-14. Formerly RCW 28.77.380.]
Purpose—Construction—Effective date—1999 c 346: See notes
following RCW 28B.20.381.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
SCHOLARSHIPS, FELLOWSHIPS, SPECIAL
RESEARCH PROJECTS, AND HOSPITAL
28B.20.410 Children’s center for research and
training in mental retardation—Established. There is
hereby established at the University of Washington a
children’s center for research and training in mental retardation and other handicapping conditions. [1969 ex.s. c 223 §
28B.20.410. Prior: 1963 c 193 § 1. Formerly RCW
28.77.430.]
28B.20.412 Children’s center for research and
training in mental retardation—Administration. The
center shall be administered by the board of regents of the
University of Washington. [1982 c 163 § 4; 1973 c 62 § 8;
1969 ex.s. c 223 § 28B.20.412. Prior: 1963 c 193 § 2.
Formerly RCW 28.77.432.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.20.414 Children’s center for research and
training in mental retardation—Purpose. The general
purposes of the center shall be:
(1) To provide clinical and laboratory facilities for
research on the causes, diagnosis, prevention, and treatment
of mental retardation and other handicapping conditions in
children;
(2) To develop improved professional and in-service
training programs in the various disciplines concerned with
handicapped children;
(3) To provide diagnostic and consultative services to
various state programs and to regional and local centers, to
an extent compatible with the primary research and teaching
objectives of the center. [1969 ex.s. c 223 § 28B.20.414.
Prior: 1963 c 193 § 3. Formerly RCW 28.77.434.]
28B.20.420 Graduate scholarships for engineering
research—Established. In order to further the development
of advance studies in engineering there shall be established
in the engineering laboratories of the University of Washington, ten graduate scholarships and/or fellowships to the
amount of one thousand dollars and tuition each, per
academic year. These scholarships shall be in the field of
engineering which can best be used to aid the industrial
development of the state of Washington and its resources.
This graduate work shall be done in the laboratories of the
university and shall be directed along the lines of profes(2002 Ed.)
28B.20.398
sional research and testing. [1969 ex.s. c 223 § 28B.20.420.
Prior: 1945 c 241 § 1. Formerly RCW 28.77.220.]
28B.20.422 Graduate scholarships for engineering
research—Studies published—Direction of program—
Qualifications for candidates. The studies and results of
such scholarships shall be published as bulletins or engineering reports of the college of engineering of the university
and a reasonable number of copies thereof shall be available
to the public without cost. The provisions of RCW
28B.20.420 and this section shall include the cost of individual scholarships, the cost of necessary supplies and materials
to be utilized, and the cost of printing and distribution of the
bulletins or engineering reports. The direction of this
research program shall rest in the proper department or
departments and schools of the engineering college of the
university and the candidates must meet the qualifications of
the graduate school of the university for graduate students.
[1969 ex.s. c 223 § 28B.20.422. Prior: 1945 c 241 § 2.
Formerly RCW 28.77.225; 28.77.220, part.]
28B.20.426 Fellowship program in forensic pathology—Funding—Recipient’s services to county coroners.
(1) A fellowship program in forensic pathology is created in
the school of medicine at the University of Washington. The
program shall provide training for one person per year. The
program shall be funded from funds in the death investigation[s] account of the general fund under RCW 43.79.445.
(2) The fellowship recipient, during the period of his or
her fellowship, shall be available, as soon as his or her level
of expertise warrants it, to the county coroners of the state
without charge to perform autopsies, for consultations, and
to provide testimony in court.
(3) The forensic pathology fellowship shall be administered according to the provisions in RCW 43.103.030, as
amended. [1991 c 176 § 3; 1986 c 31 § 1.]
Effective date—1986 c 31: "This act shall take effect July 1, 1986."
[1986 c 31 § 3.]
28B.20.440 University hospital. The board of regents
of the University of Washington is hereby authorized to
operate a hospital upon university grounds to be used in
conjunction with the university’s medical and dental schools,
including equipping and additional construction to the same.
[1969 ex.s. c 223 § 28B.20.440. Cf. (i) 1947 c 286 § 2. No
RRS. (ii) 1945 c 15 § 4. No RRS.]
28B.20.450 Occupational and environmental
research facility—Construction and maintenance authorized—Purpose. There shall be constructed and maintained
at the University of Washington an occupational and
environmental research facility in the school of medicine
having as its objects and purposes testing, research, training,
teaching, consulting and service in the fields of industrial
and occupational medicine and health, the prevention of
industrial and occupational disease among workers, the
promotion and protection of safer working environments and
dissemination of the knowledge and information acquired
from such objects and purposes. [1989 c 12 § 4; 1969 ex.s.
c 223 § 28B.20.450. Prior: 1963 c 151 § 1. Formerly
RCW 28.77.410.]
[Title 28B RCW—page 95]
28B.20.452
Title 28B RCW: Higher Education
28B.20.452 Occupational and environmental
research facility—Industry to share costs. See RCW
51.16.042.
28B.20.454 Occupational and environmental
research facility—Submission of industrial and occupational health problems to facility—Availability of
information. Any matter or problem relating to the industrial and occupational health of workers may be submitted to
the environmental research facility by any public agency or
interested party. All research data and pertinent information
available or compiled at such facility related to the industrial
and occupational health of workers shall be made available
and supplied without cost to any public agency or interested
party. [1989 c 12 § 5; 1969 ex.s. c 223 § 28B.20.454.
Prior: 1963 c 151 § 3. Formerly RCW 28.77.414.]
28B.20.456 Occupational and environmental
research facility—Advisory committee. There is hereby
created an advisory committee to the environmental research
facility consisting of eight members. Membership on the
committee shall consist of the director of the department of
labor and industries, the assistant secretary for the division
of health services of the department of social and health
services, the president of the Washington state labor council,
the president of the association of Washington business, the
dean of the school of public health and community medicine
of the University of Washington, the dean of the school of
engineering of the University of Washington, the president
of the Washington state medical association, or their representatives, and the chairman of the department of environmental health of the University of Washington, who shall be
ex officio chairman of the committee without vote. Such
committee shall meet at least semiannually at the call of the
chairman. Members shall serve without compensation. It
shall consult, review and evaluate policies, budgets, activities
and programs of the facility relating to industrial and
occupational health to the end that the facility will serve in
the broadest sense the health of the workman as it may be
related to his employment. [1973 c 62 § 9; 1969 ex.s. c 223
§ 28B.20.456. Prior: 1963 c 151 § 4. Formerly RCW
28.77.416.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.20.458 Occupational and environmental
research facility—Acceptance of loans, gifts, etc.—
Presentment of vouchers for payments from accident and
medical aid funds. The University of Washington may
accept and administer loans, grants, funds, or gifts, conditional or otherwise, in furtherance of the objects and purposes of RCW 28B.20.450 through 28B.20.458, from the federal
government and from other sources public or private. For
the purpose of securing payment from the accident fund and
medical aid fund as funds are required, vouchers shall be
presented to the department of labor and industries. [1969
ex.s. c 223 § 28B.20.458. Prior: 1963 c 151 § 5. Formerly
RCW 28.77.418.]
28B.20.462 Warren G. Magnuson institute for
biomedical research and health professions training—
[Title 28B RCW—page 96]
Established. The Warren G. Magnuson institute for
biomedical research and health professions training is
established within the Warren G. Magnuson health sciences
center at the University of Washington. The institute shall
be administered by the university. The institute may be
funded through a combination of federal, state, and private
funds, including earnings on the endowment fund in RCW
28B.20.472. [1990 c 282 § 1.]
28B.20.464 Warren G. Magnuson institute—
Purposes. The purposes of the Warren G. Magnuson
institute for biomedical research and health professions
training are as follows:
(1) Supporting one or more individuals engaged in
biomedical research into the causes of, the treatments for, or
the management of diabetes is the primary purpose of the
institute;
(2) Providing financial assistance to students in graduate
or postgraduate training programs in the health professions
at the university is the secondary purpose of the institute;
(3) Supporting biomedical research into the causes of,
the treatment for, or the management of Parkinson’s disease,
osteoporosis, or any other disease or medical disorder where
the achievement of a significant result in the near term is
especially promising; and
(4) Enhancing the training, research, and public service
missions of the health sciences schools of the University of
Washington. [1990 c 282 § 2.]
28B.20.466 Warren G. Magnuson institute—
Endowment fund earnings. Unless designated otherwise
by donors, the earnings on the endowment fund in RCW
28B.20.472 shall be distributed as follows:
(1) Earnings on the first seven hundred fifty thousand
dollars shall be expended at the direction of the dean of the
school of medicine, in support of one or more individuals
engaged in biomedical research into the causes of, the
treatments for, or the management of diabetes;
(2) Earnings on the next two hundred fifty thousand
dollars shall be expended to provide financial assistance to
students in graduate or postgraduate training programs in the
health professions at the university, including: Medicine,
nursing, public health and community medicine, dentistry,
pharmacy, and social work. At least one such student at all
times shall be in a career pathway preparing for or engaged
in research related to diabetes, its antecedents, or complications; and
(3) Earnings on additional funds within the endowment
may be used for any purpose of the institute as outlined in
RCW 28B.20.464. [1990 c 282 § 3.]
28B.20.468 Warren G. Magnuson institute—Trust
fund. The Warren G. Magnuson institute trust fund is
hereby established. The trust fund shall be administered by
the state treasurer. Funds appropriated by the legislature for
the trust fund shall be deposited into the trust fund. At the
request of the board of regents of the University of Washington, and when conditions set forth in RCW 28B.20.470 are
met, the treasurer shall release state matching moneys in the
fund to the University of Washington’s local endowment
(2002 Ed.)
University of Washington
fund. No appropriation is required for expenditures from the
trust fund. [1991 sp.s. c 13 § 106; 1990 c 282 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.20.470 Warren G. Magnuson institute—State
matching funds. The University of Washington may apply
to the treasurer for five hundred thousand dollars from the
Warren G. Magnuson institute trust fund when the university
can match the state funds with an amount of cash donations
equal to twice the state funds provided. Private donations
mean moneys from nonstate sources that include, but are not
limited to federal moneys and assessments by commodity
commissions authorized to conduct research activities
including but not limited to research studies authorized under
RCW 15.66.030 and 15.65.040. [1990 c 282 § 5.]
28B.20.472 Warren G. Magnuson institute—Local
endowment fund. The state matching funds and the private
donations shall be deposited in the university’s local endowment fund. The university is responsible for investing and
maintaining all moneys within the fund. The principal of the
invested endowment fund shall not be invaded. The university may augment the endowment fund with additional
private donations. The earnings of the fund shall be used
solely to support the purposes of the Warren G. Magnuson
institute for biomedical research and health professions
training as set forth in RCW 28B.20.464. [1990 c 282 § 6.]
28B.20.500 Medical students from rural areas—
Admission preference. The school of medicine at the
University of Washington shall develop and implement a
policy to grant admission preference to prospective medical
students from rural areas of the state who agree to serve for
at least five years as primary care physicians in rural areas
of Washington after completion of their medical education
and have applied for and meet the qualifications of the
program under chapter 28B.115 RCW. Should the school of
medicine be unable to fill any or all of the admission
openings due to a lack of applicants from rural areas who
meet minimum qualifications for study at the medical school,
it may admit students not eligible for preferential admission
under this section. [1991 c 332 § 26; 1990 c 271 § 9.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
FINANCING BUILDINGS AND FACILITIES—
1957 ACT
28B.20.700 Construction, remodeling, improvement,
financing, etc., authorized. The board of regents of the
University of Washington is empowered, in accordance with
the provisions of this chapter, to provide for the construction,
completion, reconstruction, remodeling, rehabilitation and
improvement of buildings and facilities authorized by the
legislature for the use of the university and to finance the
payment thereof by bonds payable out of a special fund from
revenues hereafter derived from the payment of building
fees, gifts, bequests or grants, and such additional funds as
the legislature may provide. [1985 c 390 § 36; 1969 ex.s. c
(2002 Ed.)
28B.20.468
223 § 28B.20.700. Prior: 1959 c 193 § 1; 1957 c 254 § 1.
Formerly RCW 28.77.500.]
28B.20.705 Definitions. The following terms,
whenever used or referred to in this chapter, shall have the
following meaning, excepting in those instances where the
context clearly indicates otherwise:
(1) The word "board" means the board of regents of the
University of Washington.
(2) The words "building fees" mean the building fees
charged students registering at the university.
(3) The words "bond retirement fund" mean the special
fund created by chapter 254, Laws of 1957, to be known as
the University of Washington bond retirement fund.
(4) The word "bonds" means the bonds payable out of
the bond retirement fund.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university
authorized by the legislature at any time and to be financed
by the issuance and sale of bonds. [1985 c 390 § 37; 1969
ex.s. c 223 § 28B.20.705. Prior: 1963 c 224 § 2; 1963 c
182 § 1; 1959 c 193 § 2; 1957 c 254 § 2. Formerly RCW
28.77.510.]
28B.20.710 Contracts, issuance of evidences of
indebtedness, acceptance of grants. In addition to the
powers conferred under existing law, the board is authorized
and shall have the power:
(1) To contract for the construction, completion,
reconstruction, remodeling, rehabilitation and improvement
of such buildings or other facilities of the university as are
and which may hereafter be authorized by the legislature.
(2) To finance the same by the issuance of bonds
secured by the pledge of any or all of the revenues and
receipts of the bond retirement fund.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of
any such projects. [1969 ex.s. c 223 § 28B.20.710. Prior:
1963 c 182 § 2; 1959 c 193 § 3; 1957 c 254 § 3. Formerly
RCW 28.77.520.]
28B.20.715 Bonds—Issuance, sale, form, term,
interest, etc.—Covenants—Deposit of proceeds. For the
purpose of financing the cost of any projects, the board is
hereby authorized to adopt the resolution or resolutions and
prepare all other documents necessary for the issuance, sale
and delivery of the bonds or any part thereof at such time or
times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the University of Washington or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one
hundred dollars; and
[Title 28B RCW—page 97]
28B.20.715
Title 28B RCW: Higher Education
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university by the president
of the board, attested by the secretary of the board, have the
seal of the university impressed thereon or a facsimile of
such seal printed or lithographed in the bottom border
thereof, and the coupons attached thereto shall be signed
with the facsimile signatures of such president and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of
the bond retirement fund;
(6) Shall be payable at such times over a period of not
to exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as
the board may prescribe;
(8) Shall be issued under and subject to such terms,
conditions and covenants providing for the payment of the
principal thereof and interest thereon and such other terms,
conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with this chapter, and as
found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established, maintained and collected in such amounts that will
provide money sufficient to pay the principal of and interest
on all bonds payable out of the bond retirement fund, to set
aside and maintain the reserves required to secure the
payment of such principal and interest, and to maintain any
coverage which may be required over such principal and
interest;
(b) A covenant that a reserve account shall be created
in the bond retirement fund to secure the payment of the
principal of and interest on all bonds issued and a provision
made that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the University of Washington building account
to the bond retirement fund when ordered by the board of regents in the event there is ever an insufficient amount of
money in the bond retirement fund to pay any installment of
interest or principal and interest coming due on the bonds or
any of them;
(d) A covenant fixing conditions under which bonds on
a parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond
retirement fund, shall be deposited in the state treasury to the
credit of the University of Washington building account and
shall be used solely for paying the costs of the projects.
[1985 c 390 § 38; 1970 ex.s. c 56 § 26; 1969 ex.s. c 232 §
100; 1969 ex.s. c 223 § 28B.20.715. Prior: 1959 c 193 §
4; 1957 c 254 § 4. Formerly RCW 28.77.530.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
[Title 28B RCW—page 98]
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.20.720 University of Washington bond retirement fund—Composition—Pledge of building fees. For
the purpose of paying and securing the payment of the
principal of and interest on the bonds as the same shall
become due, there shall be paid into the state treasury and
credited to a special trust fund to be known as the University
of Washington bond retirement fund, the following:
(1) One-half of such building fees as the board may
from time to time determine, or such larger portion as may
be necessary to prevent default in the payments required to
be made out of the bond retirement fund, and in no event
shall such one-half be less than twelve dollars and fifty cents
per each resident student per quarter and less than thirtyseven dollars and fifty cents per each nonresident student per
quarter;
(2) Any gifts, bequests, or grants which may be made,
or may become available, for the purpose of furthering the
construction of any authorized projects, or for the repayment
of the costs thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof except as provided in RCW
28B.20.725(5). As a part of the contract of sale of such
bonds, the board undertakes to charge and collect building
fees and to deposit the portion of such fees in the bond
retirement fund in amounts which will be sufficient to pay
the principal of, and interest on all such bonds outstanding.
[1985 c 390 § 39; 1969 ex.s. c 223 § 28B.20.720. Prior:
1959 c 193 § 5; 1957 c 254 § 5. Formerly RCW
28.77.540.]
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.721 Revenues derived from certain university lands deposited in University of Washington bond
retirement fund. All moneys received from the lease or
rental of lands set apart by the enabling act for university
purposes; all interest or income arising from the proceeds of
the sale of such lands or of the timber, fallen timber, stone,
gravel, or other valuable material thereon; and all moneys
received as interest on deferred payments on contracts for
the sale of such lands shall be deposited in the "University
of Washington bond retirement fund" to be expended for the
purposes set forth in RCW 28B.20.720. [1969 ex.s. c 223
§ 28B.20.721. Prior: 1963 c 216 § 1. Formerly RCW
28.77.541.]
28B.20.725 Additional powers of board—Issuance
of bonds, investments, transfer of funds, etc. The board
is hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the University of Washington building account to the bond retirement
(2002 Ed.)
University of Washington
fund when necessary to prevent a default in the payments
required to be made out of such fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds;
(5) To authorize the transfer to the University of
Washington building account of any money on deposit in the
bond retirement fund in excess of debt service for a period
of three years from the date of such transfer on all outstanding bonds payable out of such fund. [1969 ex.s. c 223 §
28B.20.725. Prior: 1959 c 193 § 6. Formerly RCW
28.77.545.]
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.730 Refunding bonds. The board is hereby
empowered to issue refunding bonds to provide funds to
refund any or all outstanding bonds payable from the bond
retirement fund and to pay any redemption premium payable
on such outstanding bonds being refunded. Such refunding
bonds may be issued in the manner and on terms and
conditions and with the covenants permitted by this chapter
for the issuance of bonds. The refunding bonds shall be
payable out of the bond retirement fund and shall not
constitute an obligation either general or special, of the state
or a general obligation of the University of Washington or
the board. The board may exchange the refunding bonds at
par for the bonds which are being refunded or may sell them
in such manner, at such price and at such rate or rates of
interest as it deems for the best interest of the university.
[1970 ex.s. c 56 § 27; 1969 ex.s. c 232 § 101; 1969 ex.s. c
223 § 28B.20.730. Prior: 1959 c 193 § 8. Formerly RCW
28.77.547.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.20.735 Bonds not general obligations—
Legislature may provide additional means of payment.
The bonds authorized to be issued pursuant to the provisions
of RCW 28B.20.700 through 28B.20.740 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special fund created
for their payment derived from the building fees as herein
provided. The legislature may provide additional means for
raising money for the payment of interest and principal of
said bonds. RCW 28B.20.700 through 28B.20.740 shall not
be deemed to provide an exclusive method for such payment. The power given to the legislature by this section to
provide additional means for raising money is permissive,
and shall not in any way be construed as a pledge of the
general credit of the state of Washington. [1985 c 390 § 40;
1969 ex.s. c 223 § 28B.20.735. Prior: 1957 c 254 § 7.
Formerly RCW 28.77.550.]
28B.20.740 RCW 28B.20.700 through 28B.20.740 as
concurrent with other laws. RCW 28B.20.700 through
28B.20.740 is to be construed as concurrent with other
legislation with reference to providing funds for the construction of buildings at the University of Washington, and
(2002 Ed.)
28B.20.725
is not to be construed as limiting any other provision of law
with reference thereto. [1969 ex.s. c 223 § 28B.20.740.
Prior: 1957 c 254 § 10. Formerly RCW 28.77.580.]
MISCELLANEOUS
28B.20.745 Validation—1959 c 193. Any covenants
of the bonds issued by the University of Washington under
the authority of chapter 254, Laws of 1957 not expressly
authorized by said chapter but authorized in chapter 193,
Laws of 1959 are hereby declared to be legal and binding in
all respects. [1969 ex.s. c 223 § 28B.20.745. Prior: 1959
c 193 § 11. Formerly RCW 28.77.590.]
28B.20.750 Hospital project bonds—State general
obligation bonds in lieu of revenue bonds. The legislature
has previously approved by its appropriation of funds from
time to time, a capital improvement project for the University of Washington hospital, which project was to be partly
funded by the issuance, by the university board of regents,
of revenue bonds payable from certain university hospital
fees. In order that such project may be funded on terms
most advantageous to the state, it is hereby determined to be
in the public interest that state general obligation bonds be
issued to provide part of the funds for such project in lieu of
revenue bonds. [1975 1st ex.s. c 88 § 1.]
Severability—1975 1st ex.s. c 88: "If any provision of this 1975 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances, shall in no way be affected." [1975 1st ex.s. c 88 § 12.]
28B.20.751 Hospital project bonds—Amount
authorized. For the purpose of providing financing for
needed acquisition, construction, remodeling, furnishing or
equipping of buildings and facilities of the University of
Washington hospital, the state finance committee is hereby
authorized to issue from time to time general obligation
bonds of the state of Washington in the aggregate principal
amount of eight million dollars, or so much thereof as shall
be required to finance the university hospital improvements
project described in RCW 28B.20.750, to be paid and
discharged within thirty years of the date of issuance, in
accordance with Article VIII, section 1, of the Constitution
of the state of Washington. [1975 1st ex.s. c 88 § 2.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.752 Hospital project bonds—Bond anticipation notes, authorized, payment. When the state finance
committee has determined to issue such general obligation
bonds or a portion thereof, it may, pending the issuance
thereof, issue in the name of the state temporary notes in
anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion of
the proceeds of the sale of such bonds as may be required
for the payment of principal and redemption premium, if
any, of and interest on such notes shall be applied thereto
when such bonds are issued. [1975 1st ex.s. c 88 § 3.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
[Title 28B RCW—page 99]
28B.20.753
Title 28B RCW: Higher Education
28B.20.753 Hospital project bonds—Form, terms,
conditions, sale, and covenants for bonds and notes. The
state finance committee is authorized to prescribe the form,
terms, conditions and covenants of the bonds and/or the bond
anticipation notes, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale
and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 88 § 4.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.754 Hospital project bonds—Disposition of
proceeds. Except for that portion of the proceeds required
to pay bond anticipation notes pursuant to RCW 28B.20.752,
the proceeds from the sale of the bonds and/or bond anticipation notes authorized herein, together with all grants,
donations, transferred funds and other moneys which the
state finance committee or the board of regents of the
University of Washington may direct the state treasurer to
deposit therein, shall be deposited in the building authority
construction account in the state treasury. [1975 1st ex.s. c
88 § 5.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.755 Hospital project bonds—Administration
of proceeds from bonds and notes. Subject to legislative
appropriation, all proceeds of the bonds and/or bond anticipation notes authorized in RCW 28B.20.750 through
28B.20.759 shall be administered and expended by the board
of regents of the University of Washington exclusively for
the purposes specified in RCW 28B.20.750 through
28B.20.759 and for the payment of the expenses incurred in
connection with the sale and issuance of such bonds and
bond anticipation notes. [1975 1st ex.s. c 88 § 6.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.756 Hospital project bonds—1975 University
of Washington hospital bond retirement fund, created,
purpose. The 1975 University of Washington hospital bond
retirement fund is hereby created in the state treasury for the
purpose of the payment of principal of and interest on the
bonds authorized to be issued pursuant to RCW 28B.20.750
through 28B.20.759.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 University of
Washington hospital bond retirement fund an amount equal
to the amount certified by the state finance committee.
[1975 1st ex.s. c 88 § 7.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
[Title 28B RCW—page 100]
28B.20.757 Hospital project bonds—Regents to
accumulate moneys for bond payments. On or before
June 30th of each year, the board of regents of the university
shall cause to be accumulated, in an appropriate local fund,
from fees charged patients of the university hospital and
other moneys legally available for such purposes, an amount
at least equal to the amount required in the next succeeding
twelve months for the payment of the principal of and
interest coming due on the bonds issued pursuant to RCW
28B.20.750 through 28B.20.759. Notwithstanding the
provisions of RCW 28B.15.220, on July 1st of each such
year the board of regents of the university shall cause to be
paid to the state treasurer for deposit into the general fund of
the state treasury, the sum so accumulated. [1975 1st ex.s.
c 88 § 8.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.758 Hospital project bonds—As legal
investment for public funds. The bonds authorized in
RCW 28B.20.750 through 28B.20.759 shall constitute a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1975 1st ex.s. c 88
§ 9.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.759 Hospital project bonds—Prerequisite to
issuance. The bonds authorized in RCW 28B.20.750
through 28B.20.759 shall be issued only after the university
board of regents has certified to the state finance committee
that projected revenue from fees charged patients of the
university hospital shall be adequate, based upon reasonable
projections for that revenue, to enable the board of regents
to meet the requirement of RCW 28B.20.757 during the life
of the bonds proposed to be issued. [1975 1st ex.s. c 88 §
10.]
Severability—1975 1st ex.s. c 88: See note following RCW
28B.20.750.
28B.20.770 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College. See RCW
28B.10.300 through 28B.10.330.
28B.20.800 Revenues derived from certain university lands and income from university permanent fund
deposited in University of Washington bond retirement
fund—Covenant. All moneys hereafter received from the
lease or rental of lands set apart for the University of
Washington by chapter 91, Laws of 1903 and section 9,
chapter 122, Laws of 1893, and all interest or income arising
from the proceeds of the sale of such land, less the allocation to the state treasurer’s service account [fund] pursuant
to RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160, and all proceeds from
the sale of timber, fallen timber, stone, gravel, or other
valuable material and all other receipts therefrom shall be
deposited to the credit of the "University of Washington
bond retirement fund" to be expended for the purposes set
forth in RCW 28B.20.720. All proceeds of sale of such
(2002 Ed.)
University of Washington
lands, exclusive of investment income, shall be deposited to
the credit of the state university permanent fund, shall be
retained therein and shall not be transferred to any other
fund or account. All interest earned or income received
from the investment of the money in the state university
permanent fund shall be deposited to the credit of the
University of Washington bond retirement fund less the
allocations to the state treasurer’s service fund pursuant to
RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160.
As a part of the contract of sale of bonds payable out of
the University of Washington bond retirement fund, the
board of regents of the University of Washington may
covenant that all moneys derived from the above provided
sources, which are required to be paid into the bond retirement fund, shall continue to be paid into such bond retirement fund for as long as any of such bonds are outstanding.
[1991 sp.s. c 13 § 97; 1969 ex.s. c 223 § 28B.20.800. Prior:
1965 ex.s. c 135 § 1. Formerly RCW 28.77.620.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.805 Revenues derived from certain university lands and income from university permanent fund
deposited in University of Washington bond retirement
fund—Ratification of previous transfers. The transfers
heretofore made of all moneys from the sources described in
RCW 28B.20.800 and 43.79.201 into the University of
Washington bond retirement fund and permanent fund are in
all respects ratified and confirmed. [1969 ex.s. c 223 §
28B.20.805. Prior: 1965 ex.s. c 135 § 3. Formerly RCW
28.77.630.]
28B.20.810 Revenues derived from certain university lands and income from university permanent fund
deposited in University of Washington bond retirement
fund—Transfers of certain funds and investments from
university permanent fund to University of Washington
bond retirement fund and University of Washington
building account. The board of regents of the University of
Washington is empowered to authorize from time to time the
transfer from the state university permanent fund to be held
in reserve in the bond retirement fund created by RCW
28B.20.720 any unobligated funds and investments derived
from lands set apart for the support of the university by
chapter 91, Laws of 1903 and section 9, chapter 122, Laws
of 1893, to the extent required to comply with bond covenants regarding principal and interest payments and reserve
requirements for bonds payable out of the bond retirement
fund up to a total amount of five million dollars, and to
transfer any or all of said unobligated funds and investments
in excess of five million dollars to the university building
account created by RCW 43.79.330(22). Any funds
transferred to the bond retirement fund pursuant to this
section shall be replaced by moneys first available out of the
moneys required to be deposited in such fund pursuant to
RCW 28B.20.800. The board is further empowered to direct
the state finance committee to convert any investments in
such permanent fund acquired with funds derived from such
(2002 Ed.)
28B.20.800
lands into cash or obligations of or guaranteed by the United
States of America prior to the transfer of such funds and
investments to such reserve account or building account.
[1991 sp.s. c 13 § 78; 1969 ex.s. c 223 § 28B.20.810. Prior:
1965 ex.s. c 135 § 4. Formerly RCW 28.77.640.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.20.820 Revenues derived from certain university lands and income from university permanent fund
deposited in University of Washington bond retirement
fund—RCW 79.64.040 not affected. Nothing contained in
RCW 28B.20.800 through 28B.20.820 and RCW 43.79.201
is intended to amend or modify RCW 79.64.040 (section 4,
chapter 178, Laws of 1961). [1969 ex.s. c 223 §
28B.20.820. Prior: 1965 ex.s. c 135 § 5. Formerly RCW
28.77.650.]
Chapter 28B.25
JOINT CENTER FOR HIGHER EDUCATION
Sections
28B.25.020
Coordination of programs—Master plan for Riverpoint
higher education park.
28B.25.020 Coordination of programs—Master plan
for Riverpoint higher education park.
Reviser’s note: RCW 28B.25.020 was amended by 1998 c 245 § 18
without reference to its repeal by 1998 c 344 § 17. It has been decodified
for publication purposes under RCW 1.12.025.
Chapter 28B.30
WASHINGTON STATE UNIVERSITY
Sections
28B.30.010
28B.30.015
28B.30.054
28B.30.055
28B.30.057
28B.30.060
28B.30.065
28B.30.067
28B.30.068
28B.30.075
28B.30.095
28B.30.100
28B.30.115
28B.30.116
28B.30.117
28B.30.120
28B.30.125
28B.30.130
28B.30.135
28B.30.140
28B.30.150
28B.30.200
Designation.
Purpose.
Credits—Statewide transfer policy and agreement—
Establishment.
"Major line" defined.
Major lines common to University of Washington and
Washington State University.
Courses exclusive to Washington State University.
Exclusive instruction in agriculture.
Wine grape industry, instruction relating to—Purpose.
Wine grape industry, instruction relating to—
Administration.
University fees.
Management.
Regents—Appointment—Terms—Vacancies—Quorum—
Bond.
Regents—Oaths.
Regents—Expenses.
Regents—Attorney general as advisor.
Regents—Meetings—Vacancy not to affect rights of remaining members.
Regents—Board organization—President—President’s duties—Bylaws, laws.
Regents—Treasurer of board—Bond—Disbursement of
funds by.
Regents—University president as secretary of board—
Duties—Bond.
Regents—Employees, board members, to have no interest
in contracts.
Regents—General powers and duties.
Morrill act funds allotted to university.
[Title 28B RCW—page 101]
Chapter 28B.30
28B.30.210
28B.30.215
28B.30.220
28B.30.250
28B.30.255
28B.30.270
28B.30.275
28B.30.280
28B.30.285
28B.30.300
28B.30.310
28B.30.325
28B.30.350
28B.30.355
28B.30.499
28B.30.500
28B.30.520
28B.30.530
28B.30.533
28B.30.535
28B.30.537
28B.30.539
28B.30.541
28B.30.543
28B.30.600
28B.30.602
28B.30.604
28B.30.606
28B.30.608
28B.30.610
28B.30.612
28B.30.614
28B.30.616
28B.30.618
28B.30.619
28B.30.620
28B.30.630
28B.30.632
28B.30.634
28B.30.638
28B.30.640
Title 28B RCW: Higher Education
Acceptance of federal aid—1907 c 198—Assent.
Acceptance of certain federal aid.
Acceptance of federal aid—1925 ex.s. c 182.
University designated as recipient of all federal aid to agricultural experiment stations.
University designated as recipient of all federal aid to agricultural experiment stations—Assent to congressional
grants to university.
State treasurer receiving agent of certain federal aid—Acts
enumerated.
State treasurer receiving agent of certain federal aid—
Morrill Fund.
State treasurer receiving agent of certain federal aid—
Withdrawals.
State treasurer receiving agent of certain federal aid—Trust
funds not subject to appropriation.
State treasurer to report annually on university assets held
in trust.
Department of natural resources to report annually on university trust lands transactions.
Lease of lands with outdoor recreation potential—
Restrictions—Unlawful to use posted lands.
Medical, health and hospital service—Authorized.
Medical, health and hospital service—Leases, contracts and
agreements.
High-technology education and training.
Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board.
Statewide off-campus telecommunications system—
Authorized—Purpose, education in high-technology
fields—Availability of facilities.
Small business development center—Services—Use of
funds.
Construction of RCW 28B.30.530—Conflict with federal
requirements.
International marketing program for agricultural commodities and trade (IMPACT) center created—Primary functions.
IMPACT center—Duties.
IMPACT center—Director.
IMPACT center—Use of research and services—Fees.
IMPACT center—Contributions and support.
Tree fruit research center facility, financing—Bonds, authorization conditional—Amount—Discharge.
Tree fruit research center facility, financing—Bonds, committee to control issuance, sale and retirement of.
Tree fruit research center facility, financing—Anticipation
notes authorized—Use of proceeds.
Tree fruit research center facility, financing—
Administration of proceeds from sale of bonds or
notes—Investment of surplus funds.
Tree fruit research center facility, financing—Security for
bonds issued.
Tree fruit research center facility, financing—Office-laboratory facilities bond redemption fund created, use.
Tree fruit research center facility, financing—Rights of
owner and holder of bonds.
Tree fruit research center facility, financing—Lease agreement prerequisite to sale of bonds—Disposition of lease
payments.
Tree fruit research center facility, financing—Bonds, legislature may provide additional means for payment.
Tree fruit research center facility, financing—Bonds as
legal investment for public funds.
Tree fruit research center facility, financing—Appropriation.
Tree fruit research center facility, financing—Alternatives
authorized.
Puget Sound water quality field agents program—
Definitions.
Puget Sound water quality field agents program—Local
field agents.
Puget Sound water quality field agents program—Matching
requirements.
Puget Sound water quality field agents program—Captions
not law.
Climate and rural energy development center—Definitions.
[Title 28B RCW—page 102]
28B.30.642
28B.30.644
Climate and rural energy development center—Authorized.
Climate and rural energy development center—Funding.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.30.700
Construction, remodeling, improvement, financing through
bonds, authorized.
28B.30.710 Definitions.
28B.30.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.30.730 Bonds—Issuance, sale, form, term, interest—Covenants—
Deposit of proceeds.
28B.30.740 Washington State University bond retirement fund—
Composition—Pledge of building fees.
28B.30.741 Washington State University bond retirement fund—
Disposition of certain revenues from scientific school
lands.
28B.30.742 Washington State University bond retirement fund—
Disposition of certain revenues from agricultural college
lands.
28B.30.750 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc.
28B.30.760 Refunding bonds.
28B.30.770 Bonds not general obligations—Legislature may provide
additional means of payment.
28B.30.780 Other laws not repealed or limited.
28B.30.800 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College.
28B.30.810 Dairy/forage and agricultural research facility—Rainier
school farm—Revolving fund—Lease of herd, lands,
authorized.
28B.30.820 Dairy/forage and agricultural research facility—Transfer of
property and facilities for.
28B.30.900 Transfer of energy education, applied research, and technology transfer programs from state energy office.
28B.30.901 Establishment of administrative units to coordinate energy
education or energy program delivery programs.
28B.30.902 Lind dryland research unit—Income from leased property.
Acquisition of property, powers: RCW 28B.10.020.
Admission requirements: RCW 28B.10.050.
Agricultural college grant: RCW 43.79.120.
Agricultural extension work: RCW 36.50.010.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Blind students
defined: RCW 28B.10.210.
funds for assistance: RCW 28B.10.215, 28B.10.220.
Bond issue for projects: RCW 43.83.090 through 43.83.104.
Bond issue of 1977 for the refunding of outstanding limited obligation
revenue bonds of institutions of higher education: Chapter 28B.14C
RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
Branch campuses
Southwest Washington area: RCW 28B.45.040.
Spokane area: RCW 28B.45.050.
Tri-Cities area: RCW 28B.45.030.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of acquired: RCW 28B.10.305.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
County hospitals, contracts with state universities relating to medical
services, teaching and research: RCW 36.62.290.
(2002 Ed.)
Washington State University
Courses, studies, and instruction
education courses approved by state board of education: RCW
28A.305.130(1).
graduate work: RCW 28B.10.120.
home economics extension work: RCW 36.50.010.
major courses common to Washington State University and University of
Washington: RCW 28B.10.115.
physical education: RCW 28B.10.700.
studies on alternate agricultural practices to open burning of grasses
grown for seed—Report: RCW 70.94.656.
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees
annuity and retirement plans: RCW 28B.10.400 through 28B.10.423.
insurance: RCW 28B.10.660.
leaves of absence: RCW 28B.10.560.
Flag, display: RCW 28B.10.030.
Funds
agricultural permanent fund
created: RCW 43.79.130.
investment in regents’ revenue bonds: RCW 43.84.140.
source: RCW 43.79.130.
Clarke-McNary fund, receipt and disbursement of authorized: RCW
43.30.360.
cooperative farm forestry fund, receipt and disbursement of authorized:
RCW 43.30.370.
scientific permanent fund
created: RCW 43.79.110.
investment in regents’ revenue bonds: RCW 43.84.140.
Washington State University fund, sources: RCW 43.79.140.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Home economics extension work: RCW 36.50.010.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Insurance for officers, employees and students: RCW 28B.10.660.
Liquor revolving fund, alcoholism and drug abuse research, use for: RCW
66.08.180.
1977 Washington State University buildings and facilities financing act:
Chapter 28B.31 RCW.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Parking facilities: RCW 28B.10.300.
Pest districts, general supervision over: RCW 17.12.060.
Police force: RCW 28B.10.550 through 28B.10.567.
Real property
acquisition of authorized: RCW 28B.10.020.
share crop leasing authorized: RCW 79.12.570.
state lands, included in definition: RCW 79.01.004.
Scientific school grant: RCW 43.79.100.
Stadium approach highway authorized
acquisition of property for: RCW 47.20.600.
condemnation for: RCW 47.20.610.
measure of damage to buildings: RCW 47.20.620.
sale of buildings and personalty acquired in acquisition of land: RCW
47.20.630.
use declared public use: RCW 47.20.605.
State building authority, projects approved: Chapter 43.75 RCW.
State College of Washington building account, name changed to Washington State University building account: RCW 43.79.335.
Students
insurance: RCW 28B.10.660.
loan fund for national defense education act: RCW 28B.10.280.
Teachers
training courses: RCW 28B.10.140.
(2002 Ed.)
Chapter 28B.30
use of district schools for training: RCW 28B.10.600 through
28B.10.605.
Traffic regulations, penalty for violations: RCW 28B.10.560.
Tuition, exemptions of children of deceased or disabled veterans or certain
citizens missing in action or prisoners of war: RCW 28B.10.265.
28B.30.010 Designation. The state university located
and established in Pullman, Whitman county, shall be
designated Washington State University. [1969 ex.s. c 223
§ 28B.30.010. Prior: 1959 c 77 § 1; 1905 c 53 § 1; 1891
c 145 § 1; RRS § 4567. Formerly RCW 28.80.010.]
28B.30.015 Purpose. The aim and the purpose of
Washington State University shall be to provide a higher
education in such fields as may be established therein from
time to time by the board of regents or by law, including
instruction in agriculture or other industrial pursuits, mechanical arts and the natural sciences. [1969 ex.s. c 223 §
28B.30.015. Prior: 1909 c 97 p 243 § 1, part; RRS § 4568,
part; prior: 1897 c 118 § 190, part; 1891 c 145 § 1, part.
Formerly RCW 28.80.015; 28.76.040, part and 28.76.050,
part.]
28B.30.054 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.80.280 and
28B.80.290.
28B.30.055
28B.10.100.
"Major line" defined. See RCW
28B.30.057 Major lines common to University of
Washington and Washington State University. See RCW
28B.10.115.
28B.30.060 Courses exclusive to Washington State
University. The courses of instruction of Washington State
University shall embrace as exclusive major lines, agriculture
in all its branches and subdivisions, veterinary medicine, and
economic science in its application to agriculture and rural
life. [1969 ex.s. c 223 § 28B.30.060. Prior: 1917 c 10 §
3; RRS § 4534. Formerly RCW 28.80.025; 28.76.070, part.]
28B.30.065 Exclusive instruction in agriculture.
Work and instruction in agriculture in all its branches and
subdivisions shall be offered and taught in Washington State
University exclusively. [1969 ex.s. c 223 § 28B.30.065.
Prior: 1917 c 10 § 6; RRS § 4537. Formerly RCW
28.80.026; 28.76.070, part.]
28B.30.067 Wine grape industry, instruction
relating to—Purpose. Marked increases in state and
national consumption make it evident that our developing
wine grape industry has a bright future. To help assure its
success the legislature concludes that Washington State
University should provide a sound research, extension, and
resident instruction base for both wine grape production and
the processing aspects of the wine industry. [1981 1st ex.s.
c 5 § 5.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW
66.98.090 and 66.98.100.
[Title 28B RCW—page 103]
28B.30.067
Title 28B RCW: Higher Education
Liquor revolving fund—Distribution—Reserve for administration—
Disbursement to universities and department of social and health
services: RCW 66.08.180.
28B.30.068 Wine grape industry, instruction
relating to—Administration. Revenues received from
RCW 66.08.180 for wine and wine grape research, extension
programs related to wine and wine grape research, and
resident instruction in both wine grape production and the
processing aspects of the wine industry by Washington State
University shall be administered by the College of Agriculture. When formulating or changing plans for programs and
research, the College of Agriculture shall confer with
representatives of the Washington Wine Society. [1981 1st
ex.s. c 5 § 7.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW
66.98.090 and 66.98.100.
Liquor revolving fund—Distribution—Reserve for administration—
Disbursement to universities and department of social and health
services: RCW 66.08.180.
28B.30.075
RCW.
University fees. See chapter 28B.15
28B.30.095 Management. The management of
Washington State University and its experiment stations, the
care and preservation of all property of which the institution
shall become possessed, the erection and construction of all
buildings necessary for the use of said university and
stations, and the disbursement and expenditure of all money
provided for said university, shall be vested in the board of
regents, constituted as provided in RCW 28B.30.100; said
regents and their successors in office shall have the right to
cause all things to be done necessary to carry out the
provisions of this chapter or as otherwise provided by law.
[1969 ex.s. c 223 § 28B.30.095. Prior: 1949 c 115 § 1,
part; 1909 c 97 p 245 § 5, part; Rem. Supp. 1949 § 4576,
part; prior: 1897 c 118 § 194, part; 1891 c 145 § 4, part.
Formerly RCW 28.80.070, part, 28.80.080, part and
28.80.130, part.]
28B.30.100 Regents—Appointment—Terms—
Vacancies—Quorum—Bond. (1) The governance of Washington State University shall be vested in a board of regents
to consist of ten members one of whom shall be a student.
The governor shall select the student member from a list of
candidates, of at least three and not more than five, submitted by the governing body of the associated students. They
shall be appointed by the governor, by and with the consent
of the senate and, except for the student member, shall hold
their offices for a term of six years from the first day of
October and until their successors are appointed and qualified. The student member shall hold his or her office for a
term of one year from the first day of June until his or her
successor is appointed and qualified. The student member
shall be a full-time student in good standing at the university
at the time of appointment.
(2) Six members of said board shall constitute a quorum
for the transaction of business. In the case of a vacancy or
when an appointment is made after the date of the expiration
of a term, the governor shall fill the vacancy for the remain[Title 28B RCW—page 104]
der of the term of the regent whose office has become
vacant or expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) Each regent shall, before entering upon the discharge
of his respective duties as such, execute a good and sufficient bond to the state of Washington, with two or more
sufficient sureties, residents of the state, or with a surety
company licensed to do business within the state, in the
penal sum of not less than five thousand dollars, conditioned
for the faithful performance of his duties as such regent:
PROVIDED, That the university shall pay any fees incurred
for any such bonds for their board members.
(5) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members and personnel. [1998 c 95 § 2; 1985 c 61 § 2; 1979
ex.s. c 103 § 3; 1973 c 62 § 10; 1969 ex.s. c 223 §
28B.30.100. Prior: 1949 c 115 § 1, part; 1909 c 97 p 245
§ 5, part; Rem. Supp. 1949 § 4576, part; prior: 1897 c 118
§ 194, part; 1891 c 145 § 4, part. Formerly RCW
28.80.070, part, 28.80.080, part and 28.80.130, part.]
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.30.115 Regents—Oaths. See RCW 28B.10.520.
28B.30.116
28B.10.525.
Regents—Expenses. See RCW
28B.30.117 Regents—Attorney general as advisor.
See RCW 28B.10.510.
28B.30.120 Regents—Meetings—Vacancy not to
affect rights of remaining members. Meetings of the
board of regents may be called in such manner as the board
may prescribe, and a full meeting of the board shall be
called at least once a year. No vacancy in said board shall
impair the rights of the remaining members of the board.
[1979 ex.s. c 103 § 6; 1969 ex.s. c 223 § 28B.30.120. Prior:
1909 c 97 p 248 § 12; RRS § 4592; prior: 1897 c 118 §
201; 1891 c 145 § 12. Formerly RCW 28.80.100.]
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
28B.30.125 Regents—Board organization—
President—President’s duties—Bylaws, laws. The board
of regents shall meet and organize by the election of a
president from their own number on or as soon as practicable after the first Wednesday in April of each year.
The board president shall be the chief executive officer
of the board and shall preside at all meetings thereof, except
that in his absence the board may appoint a chairman pro
tempore. The board president shall sign all instruments
required to be executed by said board other than those for
the disbursement of funds.
The board may adopt bylaws for its own organizational
purposes and enact laws for the government of the university
(2002 Ed.)
Washington State University
and its properties. [1969 ex.s. c 223 § 28B.30.125. Prior:
(i) 1955 c 346 § 1, part; 1909 c 97 p 246 § 6, part; RRS §
4577, part. Formerly RCW 28.80.110, part. (ii) 1909 c 97
p 247 § 7, part; RRS § 4578, part; prior: 1897 c 118 § 196,
part; 1891 c 145 § 7, part. Formerly RCW 28.80.120, part.
(iii) 1909 c 97 p 249 § 16, part; RRS § 4596, part; prior:
1897 c 118 § 205, part; 1891 c 145 § 19, part. Formerly
RCW 28.80.160, part.]
28B.30.130 Regents—Treasurer of board—Bond—
Disbursement of funds by. The board of regents shall
appoint a treasurer who shall be the financial officer of the
board and who shall hold office during the pleasure of the
board. The treasurer shall render a true and faithful account
of all moneys received and paid out by him, and shall give
bond for the faithful performance of the duties of his office
in such amount as the regents require: PROVIDED, That
the university shall pay the fee for such bond.
The treasurer shall make disbursements of the funds in
his hands on the order of the board, which order shall be
countersigned by the secretary of the board, and shall state
on what account the disbursement is made. [1969 ex.s. c
223 § 28B.30.130. Prior: (i) 1955 c 346 § 1, part; 1909 c
97 p 246 § 6, part; RRS § 4577, part. Formerly RCW
28.80.110, part. (ii) 1909 c 97 p 246 § 7, part; RRS § 4578,
part; prior: 1897 c 118 § 196, part; 1891 c 145 § 7, part.
Formerly RCW 28.80.120, part. (iii) 1909 c 97 p 249 § 16,
part; RRS § 4596, part; prior: 1897 c 118 § 205, part; 1891
c 145 § 19, part. Formerly RCW 28.80.160, part.]
28B.30.135 Regents—University president as
secretary of board—Duties—Bond. The president of the
university shall be secretary of the board of regents but he
shall not have the right to vote; as such he shall be the recording officer of said board, shall attest all instruments required to be signed by the board president, shall keep a true
record of all the proceedings of the board, and shall perform
all the duties pertaining to the office and do all other things
required of him by the board. The secretary shall give a
bond in the penal sum of not less than five thousand dollars
conditioned for the faithful performance of his duties as such
officer: PROVIDED, That the university shall pay the fee
for such bond. [1969 ex.s. c 223 § 28B.30.135. Prior: (i)
1955 c 346 § 1, part; 1909 c 97 p 246 § 6, part; RRS §
4577, part. Formerly RCW 28.80.110, part. (ii) 1909 c 97
p 247 § 7, part; RRS § 4578, part; prior: 1897 c 118 § 196,
part; 1891 c 145 § 7, part. Formerly RCW 28.80.120, part.]
28B.30.140 Regents—Employees, board members,
to have no interest in contracts. No employee or member
of the university board of regents shall be interested pecuniarily, either directly or indirectly, in any contract for any
building or improvement at said university, or for the
furnishing of supplies for the same. [1969 ex.s. c 223 §
28B.30.140. Prior: 1909 c 97 p 249 § 17; RRS § 4597;
prior: 1897 c 118 § 206; 1891 c 145 § 21. Formerly RCW
28.80.170.]
Code of ethics, interest in contract, public officers and employees:
Chapters 42.23, 42.52 RCW.
(2002 Ed.)
28B.30.125
28B.30.150 Regents—General powers and duties.
The regents of Washington State University, in addition to
other duties prescribed by law, shall:
(1) Have full control of the university and its property
of various kinds, except as otherwise provided by law.
(2) Employ the president of the university, his or her
assistants, members of the faculty, and employees of the
university, who, except as otherwise provided by law, shall
hold their positions during the pleasure of said board of
regents.
(3) Establish entrance requirements for students seeking
admission to the university which meet or exceed the
standards specified under RCW 28B.80.350(2). Completion
of examinations satisfactory to the university may be a
prerequisite for entrance by any applicant, at the university’s
discretion. Evidence of completion of public high schools
and other educational institutions whose courses of study
meet the approval of the university may be acceptable for
entrance.
(4) Establish such colleges, schools, or departments
necessary to carry out the purpose of the university and not
otherwise proscribed by law.
(5) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.80.340, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational
programs, and purchase or lease major off-campus facilities.
(6) With the assistance of the faculty of the university,
prescribe the courses of instruction in the various colleges,
schools, and departments of the institution and publish the
necessary catalogues thereof.
(7) Collect such information as the board deems
desirable as to the schemes of technical instruction adopted
in other parts of the United States and foreign countries.
(8) Provide for holding agricultural institutes including
farm marketing forums.
(9) Provide that instruction given in the university, as
far as practicable, be conveyed by means of laboratory work
and provide in connection with the university one or more
physical, chemical, and biological laboratories, and suitably
furnish and equip the same.
(10) Provide training in military tactics for those
students electing to participate therein.
(11) Establish a department of elementary science and
in connection therewith provide instruction in elementary
mathematics, including elementary trigonometry, elementary
mechanics, elementary and mechanical drawing, and land
surveying.
(12) Establish a department of agriculture and in
connection therewith provide instruction in physics with
special application of its principles to agriculture, chemistry
with special application of its principles to agriculture,
morphology and physiology of plants with special reference
to common grown crops and fungus enemies, morphology
and physiology of the lower forms of animal life, with
special reference to insect pests, morphology and physiology
of the higher forms of animal life and in particular of the
horse, cow, sheep, and swine, agriculture with special
reference to the breeding and feeding of livestock and the
best mode of cultivation of farm produce, and mining and
metallurgy, appointing demonstrators in each of these
[Title 28B RCW—page 105]
28B.30.150
Title 28B RCW: Higher Education
subjects to superintend the equipment of a laboratory and to
give practical instruction therein.
(13) Establish agricultural experiment stations in
connection with the department of agriculture, including at
least one in the western portion of the state, and appoint the
officers and prescribe regulations for their management.
(14) Grant to students such certificates or degrees, as
recommended for such students by the faculty.
(15) Confer honorary degrees upon persons other than
graduates of the university in recognition of their learning or
devotion to literature, art, or science when recommended
thereto by the faculty: PROVIDED, That no degree shall
ever be conferred in consideration of the payment of money
or the giving of property of whatsoever kind.
(16) Adopt plans and specifications for university
buildings and facilities or improvements thereto and employ
skilled architects and engineers to prepare such plans and
specifications and supervise the construction of buildings or
facilities which the board is authorized to erect, and fix the
compensation for such services. The board shall enter into
contracts with one or more contractors for such suitable
buildings, facilities, or improvements as the available funds
will warrant, upon the most advantageous terms offered at a
public competitive letting, pursuant to public notice under
rules established by the board. The board shall require of all
persons with whom they contract for construction and
improvements a good and sufficient bond for the faithful
performance of the work and full protection against all liens.
(17) Except as otherwise provided by law, direct the
disposition of all money appropriated to or belonging to the
state university.
(18) Receive and expend the money appropriated under
the act of congress approved May 8, 1914, entitled "An Act
to provide for cooperative agricultural extension work
between the agricultural colleges in the several States receiving the benefits of the Act of Congress approved July 2,
1862, and Acts supplemental thereto and the United States
Department of Agriculture" and organize and conduct
agricultural extension work in connection with the state
university in accordance with the terms and conditions
expressed in the acts of congress.
(19) Except as otherwise provided by law, to enter into
such contracts as the regents deem essential to university
purposes.
(20) Acquire by lease, gift, or otherwise, lands necessary to further the work of the university or for experimental
or demonstrational purposes.
(21) Establish and maintain at least one agricultural
experiment station in an irrigation district to conduct
investigational work upon the principles and practices of
irrigational agriculture including the utilization of water and
its relation to soil types, crops, climatic conditions, ditch and
drain construction, fertility investigations, plant disease,
insect pests, marketing, farm management, utilization of fruit
byproducts, and general development of agriculture under
irrigation conditions.
(22) Supervise and control the agricultural experiment
station at Puyallup.
(23) Establish and maintain at Wenatchee an agricultural
experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard
culture, spraying, fertilization, pollenization, new fruit
[Title 28B RCW—page 106]
varieties, fruit diseases and pests, byproducts, marketing,
management, and general horticultural problems.
(24) Accept such gifts, grants, conveyances, devises, and
bequests, whether real or personal property, in trust or
otherwise, for the use or benefit of the university, its
colleges, schools, or departments; and sell, lease or exchange, invest or expend the same or the proceeds, rents,
profits, and income thereof except as limited by the terms of
said gifts, grants, conveyances, bequests, and devises; and
adopt proper rules to govern and protect the receipt and
expenditure of the proceeds of all fees, and the proceeds,
rents, profits, and income of all gifts, grants, conveyances,
bequests, and devises.
(25) Construct when the board so determines a new
foundry and a mining, physical, technological building, and
fabrication shop at the university, or add to the present
foundry and other buildings, in order that both instruction
and research be expanded to include permanent molding and
die casting with a section for new fabricating techniques,
especially for light metals, including magnesium and
aluminum; purchase equipment for the shops and laboratories
in mechanical, electrical, and civil engineering; establish a
pilot plant for the extraction of alumina from native clays
and other possible light metal research; purchase equipment
for a research laboratory for technological research generally;
and purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology,
mechanics of materials, hydraulics, and similar fields.
(26) Make and transmit to the governor and members of
the legislature upon request such reports as will be helpful
in providing for the institution. [1998 c 245 § 19; 1985 c
370 § 93; 1977 c 75 § 21; 1973 1st ex.s. c 154 § 47; 1969
ex.s. c 223 § 28B.30.150. Prior: (a) 1953 c 101 § 1,
amending (i) 1909 c 97 p 244 § 4; 1897 c 118 § 193; 1890
p 263 § 8; RRS § 4575. (ii) 1949 c 115 § 1, part; 1909 c 97
p 245 § 5, part; 1897 c 118 § 194; 1891 c 145 § 4; Rem.
Supp. 1949 § 4576, part. (iii) 1909 c 97 p 249 § 19; 1897
c 118 § 208; 1895 c 146 § 1; RRS § 4599. (iv) 1909 c 97
p 247 § 8; 1897 c 118 § 197; 1891 c 145 § 8; RRS § 4579.
(v) 1909 c 97 p 247 § 9; 1897 c 118 § 198; 1891 c 145 § 9;
RRS § 4580. (vi) 1915 c 125 § 1; RRS § 4583. (vii) 1909
c 97 p 250 § 20; 1897 c 118 § 209; 1891 c 145 § 17; RRS
§ 4600. (viii) 1909 c 97 p 250 § 21; 1897 c 118 § 210;
1891 c 145 § 18; RRS § 4601. (ix) 1909 c 228 § 1; RRS §
4588. (x) 1917 c 101 § 1; RRS § 4589. (xi) 1917 c 101 §
2; RRS § 4590. (xii) 1909 c 97 p 249 § 15; 1897 c 118 §
204; 1891 c 145 § 16; RRS § 4595. (xiii) 1909 c 97 p 244
§ 3, part; 1897 c 118 § 192; 1891 c 145 § 3; RRS § 4574,
part. (xiv) 1899 c 107 § 1; RRS § 4603. (xv) 1899 c 82 §
1; RRS § 4587. (xvi) 1937 c 25 § 1; RRS § 4579-1. (xvii)
1937 c 25 § 2; RRS § 4579-2. Formerly RCW 28.80.130.
(b) 1961 c 25 § 1. Formerly RCW 28.80.135.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
28B.30.200 Morrill act funds allotted to university.
All funds granted by the United States government under the
Morrill act, passed by congress and approved July 2, 1892
[1862], together with all acts amendatory thereof and
supplementary thereto, for the support and in aid of colleges
(2002 Ed.)
Washington State University
of agriculture and mechanic arts, as well as experiment
stations and farms and extension work in agriculture and
home economics in connection with colleges of agriculture
and mechanic arts are hereby allotted to Washington State
University. [1969 ex.s. c 223 § 28B.30.200. Prior: 1917 c
11 § 2; RRS § 4584. Formerly RCW 28.80.180.]
28B.30.210 Acceptance of federal aid—1907 c 198—
Assent. The state of Washington hereby assents to the
purposes, terms, provisions and conditions of the grant of
money provided in an act of congress approved March 16,
1906, said act being entitled "An Act to provide for an
increased annual appropriation for agricultural experiment
stations and regulating the expenditure thereof," and having
for its purpose the more complete endowment and maintenance of agricultural experiment stations theretofore or
thereafter established under an act of congress approved
March 2, 1887. [1969 ex.s. c 223 § 28B.30.210. Prior:
1907 c 198 § 1; RRS § 4585. Formerly RCW 28.80.190.]
28B.30.215 Acceptance of certain federal aid. Said
annual sum appropriated and granted to the state of Washington in pursuance of said act of congress approved March
16, 1906, shall be paid as therein provided to the treasurer
or other officer duly appointed by the board of regents of
Washington State University at Pullman, Washington; and
the board of regents of such university are hereby required
to report thereon as the secretary of agriculture may prescribe. [1977 c 75 § 22; 1969 ex.s. c 223 § 28B.30.215.
Prior: 1907 c 198 § 2; RRS § 4586. Formerly RCW
28.80.200.]
28B.30.220 Acceptance of federal aid—1925 ex.s. c
182. The assent of the legislature of the state of Washington
to the provisions of the act of congress approved February
24, 1925, entitled "An Act to authorize the more complete
endowment of agricultural experiment stations and for other
purposes," is hereby given. [1969 ex.s. c 223 § 28B.30.220.
Prior: 1925 ex.s. c 182 § 1. Formerly RCW 28.80.205;
28.80.190, part.]
28B.30.250 University designated as recipient of all
federal aid to agricultural experiment stations. The
agricultural experiment stations in connection with Washington State University shall be under the direction of said
board of regents of said university for the purpose of
conducting experiments in agriculture according to the terms
of section one of an act of congress approved March 2,
1887, and entitled "An Act to establish agricultural experiment stations in connection with the colleges established in
the several states, under the provisions of an act approved
July 2, 1862, and of the acts supplementary thereto." The
said university and experiment stations shall be entitled to
receive all the benefits and donations made and given to
similar institutions of learning in other states and territories
of the United States by the legislation of the congress of the
United States now in force, or that may be enacted, and
particularly to the benefits and donations given by the provisions of an act of congress entitled "An Act donating public
lands to the several states and territories which may provide
colleges for the benefit of agricultural and mechanic arts,"
(2002 Ed.)
28B.30.200
approved July 2, 1862, and all acts supplementary thereto,
including the acts entitled "An Act to establish agricultural
experiment stations in connection with colleges established
in the several states under the provisions of an act approved
July 2, 1862, and of the acts supplementary thereto," which
said last entitled act was approved March 2, 1887; also, "An
Act to apply a portion of the proceeds of the public lands to
the more complete endowment and support of the colleges
for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved
July 2, 1862," which said last mentioned act was approved
August 30, 1890. [1969 ex.s. c 223 § 28B.30.250. Prior:
1909 c 97 p 247 § 10; RRS § 4581; prior: 1897 c 118 §
199; 1891 c 145 § 10. Formerly RCW 28.80.210.]
28B.30.255 University designated as recipient of all
federal aid to agricultural experiment stations—Assent to
congressional grants to university. The assent of the
legislature of the state of Washington is hereby given, in
pursuance of the requirements of section nine of said act of
congress, approved March 2, 1887, to the granting of money
therein made to the establishment of experiment stations in
accordance with section one of said last mentioned act, and
assent is hereby given to carry out, within the state of
Washington, every provision of said act. [1969 ex.s. c 223
§ 28B.30.255. Prior: 1909 c 97 p 248 § 11; RRS § 4582;
prior: 1897 c 118 § 200; 1891 c 145 § 11. Formerly RCW
28.80.220.]
28B.30.270 State treasurer receiving agent of
certain federal aid—Acts enumerated. The state treasurer
is designated as agent of the state of Washington to receive
all federal appropriations for the land grant colleges in
accordance with the following federal acts:
(1) Second Morrill act, approved August 30, 1890 (26
Stat. L. 417).
(2) Nelson amendment to the Morrill act making
appropriations for the department of agriculture for the fiscal
year ending June 30, 1908, approved March 4, 1907 (34
Stat. L. 1281).
(3) Title II, section 22 of the Bankhead-Jones act,
approved June 29, 1935 (49 Stat. L. 436).
(4) Any subsequent federal act appropriating funds to
the state of Washington or to Washington State University
for a similar or related purpose. [1969 ex.s. c 223 §
28B.30.270. Prior: 1955 c 66 § 1. Formerly RCW
28.80.221.]
28B.30.275 State treasurer receiving agent of
certain federal aid—Morrill Fund. Upon receipt of the
federal grant pursuant to federal statutes, the treasurer shall
deposit the same in a special trust fund to be designated
"Morrill Fund" which is hereby created for the use of the
designated land grant college in the teaching of agriculture
and mechanic art. [1969 ex.s. c 223 § 28B.30.275. Prior:
1955 c 66 § 2. Formerly RCW 28.80.222.]
28B.30.280 State treasurer receiving agent of
certain federal aid—Withdrawals. The board of regents
of Washington State University may authorize the treasurer
or comptroller of Washington State University to withdraw
[Title 28B RCW—page 107]
28B.30.280
Title 28B RCW: Higher Education
such federal grants for the use of the university for the
purposes of such grant and in accordance with state law.
[1969 ex.s. c 223 § 28B.30.280. Prior: 1955 c 66 § 3.
Formerly RCW 28.80.223.]
28B.30.285 State treasurer receiving agent of
certain federal aid—Trust funds not subject to appropriation. All federal grants received by the state treasurer
pursuant to RCW 28B.30.270 shall be deemed trust funds
under the control of the state treasurer and not subject to
appropriation by the legislature. [1969 ex.s. c 223 §
28B.30.285. Prior: 1955 c 66 § 4. Formerly RCW
28.80.224.]
28B.30.300 State treasurer to report annually on
university assets held in trust. It shall be the duty of the
state treasurer to make a report to the board of regents of
Washington State University on or as soon as practicable
after the close of each fiscal year, which shall contain a
complete detailed statement as to the status of any university
assets held in trust by the treasurer and the annual income
therefrom. [1977 c 75 § 23; 1969 ex.s. c 223 § 28B.30.300.
Prior: 1899 c 9 § 2; RRS § 7850. Formerly RCW
28.80.230.]
College funds: RCW 43.79.100 through 43.79.140.
28B.30.310 Department of natural resources to
report annually on university trust lands transactions. It
shall be the duty of the department of natural resources to
make a report to the board of regents of Washington State
University on or as soon as practicable after the close of
each fiscal year, which shall contain a complete detailed
statement of the current status of trust land sale contracts and
income for the university from trust lands managed by the
department. [1988 c 128 § 6; 1977 c 75 § 24; 1969 ex.s. c
223 § 28B.30.310. Prior: 1899 c 9 § 1; RRS § 7849.
Formerly RCW 28.80.240.]
28B.30.325 Lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands.
(1) Any lease of public lands with outdoor recreation potential authorized by the regents of Washington State
University shall be open and available to the public for
compatible recreational use unless the regents of Washington
State University determine that the leased land should be
closed in order to prevent damage to crops or other land
cover, to improvements on the land, to the lessee, or to the
general public or is necessary to avoid undue interference
with carrying forward a university program. Any lessee may
file an application with the regents of Washington State
University to close the leased land to any public use. The
regents shall cause written notice of the impending closure
to be posted in a conspicuous place in the university’s
business office, and in the office of the county auditor in
which the land is located thirty days prior to the public
hearing. This notice shall state the parcel or parcels involved and shall indicate the time and place of the public
hearing. Upon a determination by the regents that posting is
not necessary, the lessee shall desist from posting. Upon a
determination by the regents that posting is necessary, the
lessee shall post his leased premises so as to prohibit
[Title 28B RCW—page 108]
recreational uses thereon. In the event any such lands are so
posted, it shall be unlawful for any person to hunt or fish, or
for any person other than the lessee or his immediate family
to use such posted land for recreational purposes.
(2) The regents of Washington State University may
insert the provisions of subsection (1) of this section in all
leases hereafter issued. [1969 ex.s. c 46 § 4. Formerly
RCW 28.80.246.]
28B.30.350 Medical, health and hospital service—
Authorized. The board of regents of Washington State
University is hereby granted authority to enter into such contracts, leases, or agreements as may be necessary to provide
adequate medical, health, and hospital service for students of
Washington State University and the people of the surrounding community and to provide adequate practice facilities for
students enrolled in nursing courses. [1969 ex.s. c 223 §
28B.30.350. Prior: 1947 c 95 § 1; Rem. Supp. 1947 §
4603-20. Formerly RCW 28.80.250.]
28B.30.355 Medical, health and hospital service—
Leases, contracts and agreements. The board of regents
may lease lands, buildings, or other facilities from or to
nonprofit corporations or associations, and may enter into
such contracts and agreements with such units, agencies,
corporations, or associations as will promote the intents and
purposes of RCW 28B.30.350. [1969 ex.s. c 223 §
28B.30.355. Prior: 1947 c 95 § 2; Rem. Supp. 1947 §
4603-21. Formerly RCW 28.80.260.]
28B.30.499 High-technology education and training.
See chapter 28B.65 RCW.
28B.30.500 Masters and doctorate level degrees in
technology authorized—Review by higher education
coordinating board. The board of regents of Washington
State University may offer masters level and doctorate level
degrees in technology subject to review and approval by the
higher education coordinating board. [1985 c 370 § 83;
1983 1st ex.s. c 72 § 12.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
28B.30.520 Statewide off-campus telecommunications system—Authorized—Purpose, education in hightechnology fields—Availability of facilities. The board of
regents of Washington State University is hereby authorized
to establish a statewide off-campus telecommunications
system to provide for graduate and continuing education in
high-technology fields to citizens of the state of Washington.
The statewide telecommunications system shall be administered by Washington State University with the advice of the
high-technology coordinating board. Washington State
University shall make the facilities of the statewide telecommunications system available to other institutions of
higher education when specific program needs so require.
[1983 1st ex.s. c 72 § 14.]
Effective date—Short title—1983 1st ex.s. c 72: See RCW
28B.65.905 and 28B.65.900.
(2002 Ed.)
Washington State University
28B.30.530 Small business development center—
Services—Use of funds. (1) The board of regents of
Washington State University shall establish the Washington
State University small business development center.
(2) The center shall provide management and technical
assistance including but not limited to training, counseling,
and research services to small businesses throughout the
state. The center shall work with public and private community development and economic assistance agencies and shall
work towards the goal of coordinating activities with such
agencies to avoid duplication of services.
(3) The administrator of the center may contract with
other public or private entities for the provision of specialized services.
(4) The small business and development center may
accept and disburse federal grants or federal matching funds
or other funds or donations from any source when made,
granted, or donated to carry out the center’s purposes. [1984
c 77 § 1.]
28B.30.533 Construction of RCW 28B.30.530—
Conflict with federal requirements. If any part of RCW
28B.30.530 is found to be in conflict with federal requirements which are a prescribed condition to the allocation of
federal funds to the state, the conflicting part of RCW
28B.30.530 is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies
directly affected, and such finding or determination shall not
affect the operation of the remainder of RCW 28B.30.530 in
its application to the agencies concerned. [1984 c 77 § 2.]
28B.30.535 International marketing program for
agricultural commodities and trade (IMPACT) center
created—Primary functions. There is created an international marketing program for agricultural commodities and
trade (IMPACT) center at Washington State University.
In carrying out each of its responsibilities under RCW
28B.30.537, the primary functions of the center shall be:
Providing practical solutions to marketing-related problems;
and developing and disseminating information which is
directly applicable to the marketing of agricultural commodities and goods from this state in foreign countries or to
introducing the production of commodities and goods in this
state for marketing in foreign countries. [1985 c 39 § 1;
1984 c 57 § 1.]
Effective date—1985 c 39: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 39 § 10.]
28B.30.537 IMPACT center—Duties. The IMPACT
center shall:
(1) Coordinate the teaching, research, and extension
expertise of the college of agriculture and home economics
at Washington State University to assist in:
(a) The design and development of information and
strategies to expand the long-term international markets for
Washington agricultural products; and
(b) The dissemination of such information and strategies
to Washington exporters, overseas users, and public and
private trade organizations;
(2002 Ed.)
28B.30.530
(2) Research and identify current impediments to
increased exports of Washington agricultural products, and
determine methods of surmounting those impediments and
opportunities for exporting new agricultural products and
commodities to foreign markets;
(3) Prepare curricula to present and distribute information concerning international trade in agricultural commodities and products to students, exporters, international traders,
and the public;
(4) Provide high-quality research and graduate education
and professional nondegree training in international trade in
agricultural commodities in cooperation with other existing
programs;
(5) Ensure that activities of the center adequately reflect
the objectives for the state’s agricultural market development
programs established by the department of agriculture as the
lead state agency for such programs under chapter 43.23
RCW; and
(6) Link itself through cooperative agreements with the
center for international trade in forest products at the
University of Washington, the state department of agriculture, the department of community, trade, and economic
development, Washington’s agriculture businesses and
associations, and other state agency data collection, processing, and dissemination efforts. [1998 c 245 § 20; 1995 c
399 § 28. Prior: 1987 c 505 § 14; 1987 c 195 § 3; 1985 c
39 § 2; 1984 c 57 § 2.]
Effective date—1985 c 39: See note following RCW 28B.30.535.
28B.30.539 IMPACT center—Director. The
IMPACT center shall be administered by a director appointed by the dean of the college of agriculture and home
economics of Washington State University. [1985 c 39 § 3;
1984 c 57 § 3.]
Effective date—1985 c 39: See note following RCW 28B.30.535.
28B.30.541 IMPACT center—Use of research and
services—Fees. The governor, the legislature, state agencies, and the public may use the IMPACT center’s trade
policy research and advisory services as may be needed.
The IMPACT center shall establish a schedule of fees for
actual services rendered. [1985 c 39 § 4; 1984 c 57 § 6.]
Effective date—1985 c 39: See note following RCW 28B.30.535.
28B.30.543 IMPACT center—Contributions and
support. The IMPACT center shall aggressively solicit
financial contributions and support from nonstate sources,
including the agricultural industries and producer organizations and individuals, to help fund its research and education
programs, and shall use previously appropriated funds of
Washington State University and existing resources as much
as is possible to further the center’s activities. [1985 c 39 §
5; 1984 c 57 § 7.]
Effective date—1985 c 39: See note following RCW 28B.30.535.
28B.30.600 Tree fruit research center facility,
financing—Bonds, authorization conditional—Amount—
Discharge. For the purpose of funding and providing the
planning, construction, furnishing and equipping, together
with all improvements thereon, of an office-laboratory
facility at Washington State University Tree Fruit Research
[Title 28B RCW—page 109]
28B.30.600
Title 28B RCW: Higher Education
Center, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one million nine hundred fifty thousand dollars, or so
much thereof as may be required, to finance the project
defined in RCW 28B.30.600 through 28B.30.619 as now or
hereafter amended and all costs incidental thereto, but only
if the state finance committee determines that the interest on
the bonds will be exempt from federal income tax. Such
bonds shall be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1
of the state Constitution. [1977 c 32 § 1; 1975 1st ex.s. c
109 § 1; 1974 ex.s. c 109 § 1.]
Severability—1975 1st ex.s. c 109: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 109 § 7.]
Severability—1974 ex.s. c 109: "If any provision of this 1974 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 109 § 14.]
28B.30.602 Tree fruit research center facility,
financing—Bonds, committee to control issuance, sale
and retirement of. The issuance, sale and retirement of
said bonds shall be under the supervision and control of the
state finance committee. The committee is authorized to
prescribe the form, terms, conditions, and covenants of the
bonds, the time or times of sale of all or any portion of
them, and the conditions and manner of their sale, issuance
and redemption. None of the bonds herein authorized shall
be sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and notes, if any. Such bonds shall
be payable at such places as the committee may provide.
[1974 ex.s. c 109 § 2.]
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.604 Tree fruit research center facility,
financing—Anticipation notes authorized—Use of proceeds. At the time the state finance committee determines
to issue such bonds or a portion thereof, it may, pending the
issuance of such bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of the bonds, which notes shall be designated
as "anticipation notes". The proceeds from the sale of bonds
and notes authorized by RCW 28B.30.600 through
28B.30.619 shall be used exclusively for the purposes specified in RCW 28B.30.600 through 28B.30.619 and for the
payment of expenses incurred in the issuance and sale of
bonds: PROVIDED, That such portion of the proceeds of
the sale of such bonds as may be required for the payment
of the principal and interest on such anticipation notes as
have been issued, shall be deposited in the bond redemption
fund created in RCW 28B.30.610. [1980 c 32 § 5; 1975 1st
ex.s. c 109 § 2; 1974 ex.s. c 109 § 3.]
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
[Title 28B RCW—page 110]
28B.30.606 Tree fruit research center facility,
financing—Administration of proceeds from sale of
bonds or notes—Investment of surplus funds. The
principal proceeds from the sale of the bonds or notes
deposited in the office-laboratory construction account of the
general fund shall be administered by Washington State
University. Whenever there is a surplus of funds available
in the office-laboratory construction account of the general
fund to meet current expenditures payable therefrom, the
state finance committee may invest such portion of said
funds as the university deems appropriate in securities issued
by the United States or agencies of the United States
government as defined by RCW 43.84.080 (1) and (4). All
income received from such investments shall be deposited to
the credit of the bond retirement fund created in RCW
28B.30.610. [1975 1st ex.s. c 109 § 3; 1974 ex.s. c 109 §
4.]
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.608 Tree fruit research center facility,
financing—Security for bonds issued. Bonds issued under
the provisions of RCW 28B.30.600 through 28B.30.619 as
now or hereafter amended shall state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the
same shall become due. [1977 c 32 § 2; 1974 ex.s. c 109 §
5.]
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.610 Tree fruit research center facility,
financing—Office-laboratory facilities bond redemption
fund created, use. The office-laboratory facilities bond
redemption fund is hereby created in the state treasury,
which fund shall be exclusively devoted to the payment of
the principal of and interest on the bonds and notes authorized by RCW 28B.30.600 through 28B.30.619. The state
finance committee, shall, on or before June 30th of each
year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet such bond retirement and
interest requirements which may exceed cash available in the
bond redemption fund from rental revenues, and on July 1st
of each year the state treasurer shall deposit such amount in
the office-laboratory facilities bond redemption fund from
any general state revenues received in the state treasury and
certified by the state treasurer to be general state revenues.
[1975 1st ex.s. c 109 § 4; 1974 ex.s. c 109 § 6.]
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.612 Tree fruit research center facility,
financing—Rights of owner and holder of bonds. The
owner and holder of any of the bonds authorized by RCW
28B.30.600 through 28B.30.619 may by a mandamus or
(2002 Ed.)
Washington State University
other appropriate proceeding require the transfer and payment of funds as directed herein. [1974 ex.s. c 109 § 7.]
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.614 Tree fruit research center facility,
financing—Lease agreement prerequisite to sale of
bonds—Disposition of lease payments. None of the bonds
authorized in RCW 28B.30.600 through 28B.30.619 as now
or hereafter amended shall be sold unless a long-term lease
agreement shall be entered into between Washington State
University and the general services administration of the
federal government providing for the occupancy of this
facility by the United States Department of Agriculture and
the National Weather Service for tree fruit research similar
to the research performed at the Washington State University
Tree Fruit Center. The lease payments by the federal
government shall be in an amount at least equal to the
amount required to provide for the amortization of the
principal of and interest on the bonds authorized by RCW
28B.30.600 through 28B.30.619 as now or hereafter amended as certified by the state finance committee, in addition to
custodial, maintenance and utility services costs. A portion
of the annual lease payments received by the university
equal to the amount required for payment of the principal
and interest on the bonds shall be forthwith remitted by the
university and deposited in the state treasury to the credit of
the state general fund. [1977 c 32 § 3; 1975 1st ex.s. c 109
§ 5; 1974 ex.s. c 109 § 8.]
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.616 Tree fruit research center facility,
financing—Bonds, legislature may provide additional
means for payment. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized in RCW 28B.30.600
through 28B.30.619, and RCW 28B.30.600 through
28B.30.619 shall not be deemed to provide an exclusive
method for such payments. [1974 ex.s. c 109 § 9.]
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.618 Tree fruit research center facility,
financing—Bonds as legal investment for public funds.
The bonds authorized in RCW 28B.30.600 through
28B.30.619 shall be a legal investment for all state funds or
funds under state control and for all funds of any other
public body. [1974 ex.s. c 109 § 10.]
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.619 Tree fruit research center facility,
financing—Appropriation. There is hereby appropriated to
Washington State University from the office-laboratory
construction account of the general fund, out of the sale of
the bonds or notes authorized by RCW 28B.30.600 through
28B.30.619, the sum of one million nine hundred fifty
thousand dollars, or such lesser amount as may be required,
(2002 Ed.)
28B.30.612
to finance the planning, construction, furnishing and equipping, together with all improvements thereon, of the facility
authorized by RCW 28B.30.600 through 28B.30.619. [1975
1st ex.s. c 109 § 6; 1974 ex.s. c 109 § 11.]
Severability—1975 1st ex.s. c 109: See note following RCW
28B.30.600.
Severability—1974 ex.s. c 109: See note following RCW
28B.30.600.
28B.30.620 Tree fruit research center facility,
financing—Alternatives authorized. In the event the state
finance committee determines that interest on the bonds
authorized in RCW 28B.30.600 through 28B.30.619 as now
or hereafter amended will not be exempt from federal
income tax, Washington State University may issue its
revenue bonds as provided in RCW 28B.10.300 through
28B.10.325 to pay the cost of the facilities authorized by
RCW 28B.30.600 as now or hereafter amended, and the
lease rental received from the federal government shall be
retained by the university instead of being deposited in the
state treasury as provided by RCW 28B.30.614 as now or
hereafter amended.
In addition to the authority granted to the state treasurer
by *RCW 43.84.100, with the consent of the state finance
committee the state treasurer may make a loan from funds
in the state treasury in the manner generally prescribed by
*RCW 43.84.100 to the local construction fund established
by Washington State University for the office-laboratory
building authorized by RCW 28B.30.600 through 28B.30.619
as now or hereafter amended, should a determination be
made for Washington State University to issue revenue
bonds. [1977 c 32 § 4.]
*Reviser’s note: RCW 43.84.100 was repealed by 1985 c 57 § 90,
effective July 1, 1985.
28B.30.630 Puget Sound water quality field agents
program—Definitions. As used in RCW 28B.30.630
through 28B.30.638 the following definitions apply:
(1) "Sea grant" means the Washington state sea grant
program.
(2) "Cooperative extension" means the cooperative
extension service of Washington State University. [1990 c
289 § 1.]
28B.30.632 Puget Sound water quality field agents
program—Local field agents. (1) The sea grant and
cooperative extension shall jointly administer a program to
provide field agents to work with local governments,
property owners, and the general public to increase the
propagation of shellfish, and to address Puget Sound water
quality problems within Kitsap, Mason, and Jefferson
counties that may limit shellfish propagation potential. The
sea grant and cooperative extension shall each make available the services of no less than two agents within these
counties for the purposes of this section.
(2) The responsibilities of the field agents shall include
but not be limited to the following:
(a) Provide technical assistance to property owners,
marine industry owners and operators, and others, regarding
methods and practices to address nonpoint and point sources
of pollution of Puget Sound;
[Title 28B RCW—page 111]
28B.30.632
Title 28B RCW: Higher Education
(b) Provide technical assistance to address water quality
problems limiting opportunities for enhancing the recreational harvest of shellfish;
(c) Provide technical assistance in the management and
increased production of shellfish to facility operators or to
those interested in establishing an operation;
(d) Assist local governments to develop and implement
education and public involvement activities related to Puget
Sound water quality;
(e) Assist in coordinating local water quality programs
with region-wide and statewide programs;
(f) Provide information and assistance to local watershed
committees.
(3) The sea grant and cooperative extension shall
mutually coordinate their field agent activities to avoid
duplicative efforts and to ensure that the full range of responsibilities under RCW 28B.30.632 through *28B.30.636
are carried out. They shall consult with the **Puget Sound
water quality authority and ensure consistency with the
authority’s water quality management plan.
(4) Recognizing the special expertise of both agencies,
the sea grant and cooperative extension shall cooperate to
divide their activities as follows:
(a) Sea grant shall have primary responsibility to
address water quality issues related to activities within Puget
Sound, and to provide assistance regarding the management
and improvement of shellfish production; and
(b) Cooperative extension shall have primary responsibility to address upland and freshwater activities affecting
Puget Sound water quality and associated watersheds. [1990
c 289 § 2.]
Reviser’s note: *(1) RCW 28B.30.636 was repealed by 1998 c 245
§ 176.
**(2) The Puget Sound water quality authority and its powers and
duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated
June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and 12.
Powers, duties, and functions of the Puget Sound water quality authority
pertaining to cleanup and protection of Puget Sound transferred to the Puget
Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
28B.30.634 Puget Sound water quality field agents
program—Matching requirements. Sea grant and cooperative extension shall require a match from nonstate sources
of at least twenty-five percent of the cost of the services
provided, and not exceeding fifty percent of the cost. The
match may be either monetary compensation or in-kind
services, such as the provision for office space or clerical
support. Only direct costs of providing the services, excluding costs of administrative overhead, may be included in the
estimate of costs. [1990 c 289 § 3.]
28B.30.638 Puget Sound water quality field agents
program—Captions not law. Captions as used in RCW
28B.30.630 through 28B.30.638 constitute no part of the law.
[1990 c 289 § 7.]
28B.30.640 Climate and rural energy development
center—Definitions. The definitions in this section apply
throughout RCW 28B.30.642 and 28B.30.644 unless the
context clearly requires otherwise.
(1) "Center" means the Washington climate and rural
energy development center.
[Title 28B RCW—page 112]
(2) "Clean energy activities" means: (a) Activities
related to renewable resources including electricity generation facilities fueled by water, wind, solar energy, geothermal energy, landfill gas, or bioenergy; (b) programs and
industries promoting research, development, or commercialization of fuel cells and qualified alternative energy resources as defined in RCW 19.29A.090; (c) energy efficiency
measures or technologies; and (d) technologies designed to
significantly reduce the use of or emissions from motor
vehicle fuels.
(3) "Climate change" means a change of climate
attributed directly or indirectly to human activity that alters
the composition of the global atmosphere. [2002 c 250 § 2.]
Findings—2002 c 250: "The legislature makes the following
findings:
(1) A vast and growing body of research and information about
changes to our global, national, and regional climates is being produced by
a variety of sources.
(2) Much of this research and information holds important value in
helping scientists, citizens, businesses, and public policymakers understand
how Washington may be affected by these changes.
(3) It is in the public interest to support efforts to promote discussion
and understanding of the potential effects of climate change on
Washington’s water supply, agriculture, natural resources, coastal infrastructure, public health, and economy, and to encourage the formulation of sound
recommendations for avoiding, mitigating, and responding to those effects.
(4) The state should support the establishment of a central clearinghouse to serve as an impartial, unbiased source of credible and reliable
information about climate change for the public." [2002 c 250 § 1.]
Effective date—2002 c 250: "This act takes effect July 1, 2002."
[2002 c 250 § 6.]
28B.30.642 Climate and rural energy development
center—Authorized. The legislature authorizes the establishment of the Washington climate and rural energy
development center in the Washington State University
energy program to serve as a central, nonregulatory clearinghouse of credible and reliable information addressing various
aspects of climate change and clean energy activities. [2002
c 250 § 3.]
Findings—Effective date—2002 c 250: See notes following RCW
28B.30.640.
28B.30.644 Climate and rural energy development
center—Funding. The center shall be funded through
grants, and voluntary monetary and in-kind contributions.
[2002 c 250 § 4.]
Findings—Effective date—2002 c 250: See notes following RCW
28B.30.640.
FINANCING BUILDINGS AND FACILITIES—
1961 ACT
28B.30.700 Construction, remodeling, improvement,
financing through bonds, authorized. The board of
regents of Washington State University is empowered, in
accordance with the provisions of RCW 28B.30.700 through
28B.30.780, to provide for the construction, completion,
reconstruction, remodeling, rehabilitation and improvement
of buildings and facilities authorized by the legislature for
the use of the university and to finance the payment thereof
by bonds payable out of a special fund from revenues
hereafter derived from the payment of building fees, gifts,
bequests or grants, and such additional funds as the legisla(2002 Ed.)
Washington State University
ture may provide. [1985 c 390 § 41; 1969 ex.s. c 223 §
28B.30.700. Prior: 1961 ex.s. c 12 § 1. Formerly RCW
28.80.500.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.710 Definitions. The following terms,
whenever used or referred to in RCW 28B.30.700 through
28B.30.780, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "board" means the board of regents of
Washington State University.
(2) The words "building fees" mean the building fees
charged students registering at the university, but shall not
mean special tuition or other fees charged such students or
fees, charges, rentals, and other income derived from any or
all revenue-producing lands, buildings, and facilities of the
university, heretofore or hereafter acquired, constructed or
installed, including but not limited to income from rooms,
dormitories, dining rooms, hospitals, infirmaries, housing or
student activity buildings, vehicular parking facilities, land
or the appurtenances thereon.
(3) The words "bond retirement fund" mean the special
fund created by RCW 28B.30.700 through 28B.30.780, to be
known as the Washington State University bond retirement
fund.
(4) The word "bonds" means the bonds payable out of
the bond retirement fund.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university
authorized by the legislature at any time and to be financed
by the issuance and sale of bonds. [1985 c 390 § 42; 1969
ex.s. c 223 § 28B.30.710. Prior: 1961 ex.s. c 12 § 2.
Formerly RCW 28.80.510.]
Revenue bonds for construction of buildings and acquisition of facilities:
RCW 28B.10.300 through 28B.10.330.
28B.30.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. In addition to
the powers conferred under existing law, the board is
authorized and shall have the power:
(1) To contract for the construction, completion,
reconstruction, remodeling, rehabilitation and improvement
of such buildings or other facilities of the university as are
or may be authorized by the legislature.
(2) To finance the same by the issuance of bonds
secured by the pledge of any or all of the revenues and
receipts of the bond retirement fund.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of
any such projects. [1969 ex.s. c 223 § 28B.30.720. Prior:
1963 c 182 § 3; 1961 ex.s. c 12 § 3. Formerly RCW
28.80.520.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.730 Bonds—Issuance, sale, form, term,
interest—Covenants—Deposit of proceeds. For the
(2002 Ed.)
28B.30.700
purpose of financing the cost of any projects, the board is
hereby authorized to adopt the resolution or resolutions and
prepare all other documents necessary for the issuance, sale
and delivery of the bonds or any part thereof at such time or
times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of Washington State University
or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one
hundred dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university by the president
of the board, attested by the secretary or the treasurer of the
board, have the seal of the university impressed thereon or
a facsimile of such seal printed or lithographed in the bottom
border thereof, and the coupons attached thereto shall be
signed with the facsimile signatures of such president and
secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of
the bond retirement fund;
(6) Shall be payable at such times over a period of not
to exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as
the board may prescribe;
(8) Shall be issued under and subject to such terms,
conditions and covenants providing for the payment of the
principal thereof and interest thereon and such other terms,
conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.30.700
through 28B.30.780, and as found to be necessary by the
board for the most advantageous sale thereof, which may
include but not be limited to:
(a) A covenant that the building fees shall be established, maintained and collected in such amounts that will
provide money sufficient to pay the principal of and interest
on all bonds payable out of the bond retirement account, to
set aside and maintain the reserves required to secure the
payment of such principal and interest, and to maintain any
coverage which may be required over such principal and
interest;
(b) A covenant that a reserve account shall be created
in the bond retirement fund to secure the payment of the
principal of and interest on all bonds issued and a provision
made that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the Washington State University building
[Title 28B RCW—page 113]
28B.30.730
Title 28B RCW: Higher Education
account to the bond retirement account when ordered by the
board of regents in the event there is ever an insufficient
amount of money in the bond retirement account to pay any
installment of interest or principal and interest coming due
on the bonds or any of them;
(d) A covenant fixing conditions under which bonds on
a parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds shall be deposited
in the state treasury to the credit of the Washington State
University building account and shall be used solely for
paying the costs of the projects. The Washington State
University building account shall be credited with the
investment income derived pursuant to RCW 43.84.080 on
the investible balances of scientific permanent fund and
agricultural permanent fund, less the allocation to the state
treasurer’s service fund pursuant to RCW 43.08.190. During
the 2001-2003 fiscal biennium, the legislature may transfer
from the Washington State University building account to
the state general fund such amounts as reflect the excess
fund balance of the account. [2002 c 238 § 302; 1991 sp.s.
c 13 § 50; 1985 c 390 § 43; 1972 ex.s. c 25 § 2; 1970 ex.s.
c 56 § 28; 1969 ex.s. c 232 § 102; 1969 ex.s. c 223 §
28B.30.730. Prior: 1961 ex.s. c 12 § 4. Formerly RCW
28.80.530.]
Severability—2002 c 238: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 238 § 307.]
Effective date—2002 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 238 § 308.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.740 Washington State University bond
retirement fund—Composition—Pledge of building fees.
For the purpose of paying and securing the payment of the
principal of and interest on the bonds as the same shall
become due, there shall be paid into the state treasury and
credited to a special trust fund to be known as the Washington State University bond retirement fund, which fund is
hereby created in the state treasury, the following:
(1) One-half of such building fees as the board may
from time to time determine, or such larger portion as may
be necessary to prevent default in the payments required to
be made out of the bond retirement fund;
(2) Any grants which may be made, or may become
available, for the purpose of furthering the construction of
any authorized projects, or for the repayment of the costs
thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remain unpaid, be available
solely for the payment thereof except as provided in subdivision (5) of RCW 28B.30.750. As a part of the contract
of sale of such bonds, the board shall undertake to charge
[Title 28B RCW—page 114]
and collect building fees and to deposit the portion of such
fees in the bond retirement fund in amounts which will be
sufficient to pay the principal of, and interest on all such
bonds outstanding. [1985 c 390 § 44; 1969 ex.s. c 223 §
28B.30.740. Prior: 1961 ex.s. c 12 § 5. Formerly RCW
28.80.540.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.741 Washington State University bond
retirement fund—Disposition of certain revenues from
scientific school lands. All moneys received from the lease
or rental of lands set apart by the enabling act for a scientific
school; all interest or income arising from the proceeds of
the sale of such lands or of the timber, fallen timber, stone,
gravel or other valuable material thereon, except for investment income derived pursuant to RCW 43.84.080 and, less
the allocation to the state investment board expense account
pursuant to RCW 43.33A.160; and all moneys received as
interest on deferred payments on contracts for the sale of
such lands shall be deposited in the "Washington State
University bond retirement fund" to be expended for the
purposes set forth in RCW 28B.30.740. [1991 sp.s. c 13 §
76; 1969 ex.s. c 223 § 28B.30.741. Prior: 1965 c 77 § 1.
Formerly RCW 28.80.541.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.742 Washington State University bond
retirement fund—Disposition of certain revenues from
agricultural college lands. Whenever federal law shall
permit all moneys received from the lease or rental of lands
set apart by the enabling act for an agricultural college, all
interest or income arising from the proceeds of the sale of
such lands or of the timber, fallen timber, stone, gravel or
other valuable material thereon, except for investment
income derived pursuant to RCW 43.84.080 and, less the
allocation to the state investment board expense account
pursuant to RCW 43.33A.160; and all moneys received as
interest on deferred payments on contracts for the sale of
such lands shall be deposited in the Washington State
University bond retirement fund to be expended for the
purposes set forth in RCW 28B.30.740. [1991 sp.s. c 13 §
77; 1969 ex.s. c 223 § 28B.30.742. Prior: 1965 c 77 § 2.
Formerly RCW 28.80.542.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.750 Additional powers of board—Issuance
of bonds, investments, transfer of funds, etc. The board
is hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the Washington State University building account to the bond retire(2002 Ed.)
Washington State University
ment fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds;
(5) To authorize the transfer to the Washington State
University building account of any money on deposit in the
bond retirement fund in excess of debt service for a period
of three years from the date of such transfer on all outstanding bonds payable out of such fund. [1969 ex.s. c 223 §
28B.30.750. Prior: 1961 ex.s. c 12 § 6. Formerly RCW
28.80.550.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.760 Refunding bonds. The board is hereby
empowered to issue refunding bonds to provide funds to
refund any or all outstanding bonds payable from the bond
retirement fund and to pay any redemption premium payable
on such outstanding bonds being refunded. Such refunding
bonds may be issued in the manner and on terms and
conditions and with the covenants permitted by RCW
28B.30.700 through 28B.30.780 for the issuance of bonds.
The refunding bonds shall be payable out of the bond retirement fund and shall not constitute an obligation either
general or special, of the state or a general obligation of
Washington State University or the board. The board may
exchange the refunding bonds at par for the bonds which are
being refunded or may sell them in such manner, at such
price and at such rate or rates of interest as it deems for the
best interest of the university. [1970 ex.s. c 56 § 29; 1969
ex.s. c 232 § 103; 1969 ex.s. c 223 § 28B.30.760. Prior:
1961 ex.s. c 12 § 7. Formerly RCW 28.80.560.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.750
construction of buildings at Washington State University, and
is not to be construed as repealing or limiting any existing
provision of law with reference thereto. [1969 ex.s. c 223
§ 28B.30.780. Prior: 1961 ex.s. c 12 § 9. Formerly RCW
28.80.580.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.800 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College. See RCW
28B.10.300 through 28B.10.330.
28B.30.810 Dairy/forage and agricultural research
facility—Rainier school farm—Revolving fund—Lease of
herd, lands, authorized. (1) Washington State University
shall establish and operate a dairy/forage and agricultural research facility at the Rainier school farm.
(2) Local funds generated through operation of this
facility shall be managed in a revolving fund, established
herewith, by the university. This fund shall consist of all
moneys received in connection with the operation of the
facility and any moneys appropriated to the fund by law.
Disbursements from the revolving fund shall be on authorization of the president of the university or the president’s
designee. In order to maintain an effective expenditure and
revenue control, this fund, to be known as the dairy/forage
facility revolving fund, shall be subject in all respects to
chapter 43.88 RCW, but no appropriation is required to
permit expenditures and payment of obligations from the
fund.
(3) In the event state funding is not sufficient to operate
the dairy cattle herd, the university is authorized to lease the
herd, together with the land necessary to maintain the same,
for such period and upon such terms as the university board
of regents shall deem proper. [1988 c 57 § 1; 1981 c 238 §
4.]
Effective date—Savings—Liabilities, rights, actions, contracts—
1981 c 238: See notes following RCW 72.01.140.
28B.30.770 Bonds not general obligations—
Legislature may provide additional means of payment.
The bonds authorized to be issued pursuant to the provisions
of RCW 28B.30.700 through 28B.30.780 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special fund created
for their payment. The legislature may provide additional
means for raising money for the payment of interest and
principal of said bonds. RCW 28B.30.700 through
28B.30.780 shall not be deemed to provide an exclusive
method for such payment. The power given to the legislature by this section to provide additional means for raising
money is permissive, and shall not in any way be construed
as a pledge of the general credit of the state of Washington.
[1969 ex.s. c 223 § 28B.30.770. Prior: 1961 ex.s. c 12 § 8.
Formerly RCW 28.80.570.]
28B.30.820 Dairy/forage and agricultural research
facility—Transfer of property and facilities for. Washington State University shall assume cognizance of all real
property, improvements thereon, livestock, equipment,
supplies, and other items transferred by the secretary of
social and health services pursuant to RCW 72.01.142.
The secretary of social and health services and the
university may negotiate for a division of services and
expenses related to road maintenance, water, and sewer
services and buildings and grounds included in the transfer
pursuant to RCW 72.01.142 or on other matters concerning
this transfer. Any differences which cannot be agreed upon
shall be resolved by the office of financial management and
certify the same to the state agencies concerned. [1981 c
238 § 3.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
Effective date—Savings—Liabilities, rights, actions, contracts—
1981 c 238: See notes following RCW 72.01.140.
28B.30.780 Other laws not repealed or limited.
RCW 28B.30.700 through 28B.30.780 is concurrent with
other legislation with reference to providing funds for the
28B.30.900 Transfer of energy education, applied
research, and technology transfer programs from state
energy office. (1) All powers, duties, and functions of the
(2002 Ed.)
[Title 28B RCW—page 115]
28B.30.900
Title 28B RCW: Higher Education
state energy office under RCW 43.21F.045 relating to
implementing energy education, applied research, and
technology transfer programs shall be transferred to Washington State University.
(2) The specific programs transferred to Washington
State University shall include but not be limited to the
following: Renewable energy, energy software, industrial
energy efficiency, education and information, energy ideas
clearinghouse, and telecommunications.
(3)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of Washington
State University. All cabinets, furniture, office equipment,
software, data base, motor vehicles, and other tangible
property employed by the state energy office in carrying out
the powers, functions, and duties transferred shall be made
available to Washington State University.
(b) Any appropriations made to, any other funds
provided to, or any grants made to or contracts with the state
energy office for carrying out the powers, functions, and
duties transferred shall, on July 1, 1996, be transferred and
credited to Washington State University.
(c) Whenever any question arises as to the transfer of
any funds, books, documents, records, papers, files, software,
data base, equipment, or other tangible property used or held
in the exercise of the powers and the performance of the
duties and functions transferred, an arbitrator mutually
agreed upon by the parties in dispute shall make a determination as to the proper allocation and certify the same to the
state agencies concerned.
(d) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by Washington
State University. All existing contracts, grants, and obligations, excluding personnel contracts and obligations, shall
remain in full force and shall be assigned to and performed
by Washington State University.
(e) The transfer of the powers, duties, and functions of
the state energy office does not affect the validity of any act
performed before July 1, 1996.
(f) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of the office of financial management shall certify the
apportionments to the agencies affected, the state auditor,
and the state treasurer. Each of these shall make the
appropriate transfer and adjustments in funds and appropriation.
(4) Washington State University shall enter into an
interagency agreement with the department of community,
trade, and economic development regarding the relationship
between policy development and public outreach. The
department of community, trade, and economic development
shall provide Washington State University available existing
and future oil overcharge restitution and federal energy block
funding for a minimum period of five years to carry out
energy programs. Nothing in chapter 186, Laws of 1996
prohibits Washington State University from seeking grant
funding for energy-related programs directly from other
entities.
(5) Washington State University shall select and appoint
existing state energy office employees to positions to
[Title 28B RCW—page 116]
perform the duties and functions transferred. Employees
appointed by Washington State University are exempt from
the provisions of chapter 41.06 RCW unless otherwise
designated by the institution. Any future vacant or new
positions will be filled using Washington State University’s
standard hiring procedures. [1996 c 186 § 201.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
28B.30.901 Establishment of administrative units to
coordinate energy education or energy program delivery
programs. In addition to the powers and duties transferred,
Washington State University shall have the authority to
establish administrative units as may be necessary to
coordinate either energy education or energy program
delivery programs, or both, and to revise, restructure,
redirect, or eliminate programs transferred to Washington
State University based on available funding or to better serve
the people and businesses of Washington state. [1996 c 186
§ 202.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
28B.30.902 Lind dryland research unit—Income
from leased property. (1) The Washington state treasury
has been named a devisee of certain property pursuant to a
will executed by Cleora Neare on July 14, 1982. Under
RCW 79.01.612, property that has been devised to the state
is to be managed and controlled by the department of natural
resources. The legislature hereby finds that it is in the best
interest of the state to transfer part of the real property
devised to the state under the will to Washington State
University for use in conjunction with the Washington State
University Lind dryland research unit located in Adams
county and sell the remaining property for the benefit of the
common schools.
(2) Washington State University is hereby granted
ownership, management, and control of the real property
legally described as all of Section 6, and the west half of
Section 5, Township 17, Range 34 East E.W.M., Adams
county, Washington, upon close of probate, or sooner if the
property can be transferred without cost, other than costs
properly allocated to the state as devisee under probate, to
Washington State University.
Upon transfer of this property, the parcel shall become
part of the Washington State University Lind dryland
research unit. Any and all lease income derived from
current leases on the property shall be deposited in a
dedicated Washington State University local account for the
benefit of the Lind dryland research unit.
(3) The department of natural resources shall sell the
real property legally described as lots 28 and 29, block 10,
Neilson Brothers plat, City of Lind, Adams county and the
proceeds of the sale shall be deposited into the permanent
common school fund. [1997 c 45 § 1.]
(2002 Ed.)
1977 Washington State University Buildings and Facilities Financing Act
Chapter 28B.31
1977 WASHINGTON STATE UNIVERSITY
BUILDINGS AND FACILITIES FINANCING ACT
Sections
28B.31.010
28B.31.020
28B.31.030
28B.31.050
28B.31.060
28B.31.070
28B.31.080
28B.31.090
28B.31.100
Purpose—Bonds authorized—Amount—Payment.
Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
Form, terms, conditions, sale and covenants of bonds and
notes—Pledge of state’s credit.
Administration of proceeds from bonds and notes.
Washington State University bond retirement fund of
1977—Created—Purpose—Payment of interest and
principal on bonds and notes.
Transfer of moneys to state general fund from Washington
State University building account.
Bonds as legal investment for public funds.
Prerequisite to bond issuance.
Chapter not to repeal, override, or limit other statutes or
actions—Transfers under RCW 28B.31.070 as subordinate.
28B.31.010 Purpose—Bonds authorized—Amount—
Payment. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for Washington State University, the state finance
committee is hereby authorized to issue from time to time
general obligation bonds of the state of Washington in the
aggregate principal amount of four million four hundred
thousand dollars, or so much thereof as shall be required to
finance the capital projects relating to Washington State
University as determined by the legislature in its capital
appropriation act from time to time, to be paid and discharged in not more than thirty years of the date of issuance.
[1977 ex.s. c 344 § 1.]
Severability—1977 ex.s. c 344: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 344 § 12.]
28B.31.020 Bond anticipation notes—Authorized—
Bond proceeds to apply to payment on. When the state
finance committee has determined to issue such general
obligation bonds or a portion thereof as authorized in RCW
28B.31.010, it may, pending the issuance thereof, issue in
the name of the state temporary notes in anticipation of the
issuance of such bonds, which notes shall be designated as
"bond anticipation notes". Such portion of the proceeds of
the sale of such bonds as may be required for the payment
of the principal of and redemption premium, if any, and
interest on such notes shall be applied thereto when such
bonds are issued. [1977 ex.s. c 344 § 2.]
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
28B.31.030 Form, terms, conditions, sale and
covenants of bonds and notes—Pledge of state’s credit.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds and/or
the bond anticipation notes authorized by this chapter, the
time or times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance.
(2002 Ed.)
Chapter 28B.31
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 344 § 3.]
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
28B.31.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all proceeds
of the bonds and/or bond anticipation notes authorized in this
chapter shall be administered and expended by the board of
regents of Washington State University exclusively for the
purposes specified in this chapter and for the payment of the
expenses incurred in connection with the sale and issuance
of such bonds and bond anticipation notes. [1977 ex.s. c
344 § 5.]
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
28B.31.060 Washington State University bond
retirement fund of 1977—Created—Purpose—Payment
of interest and principal on bonds and notes. The
Washington State University bond retirement fund of 1977
is hereby created in the state treasury for the purpose of
payment of the principal of and interest on the bonds
authorized by this chapter.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds and/or bond anticipation notes authorized by this
chapter remaining in the Washington State University
construction account shall be transferred by the board of
regents to the Washington State University bond retirement
fund of 1977 to reduce the transfer or transfers next required
by RCW 28B.31.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amounts
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
such bonds and the dates on which such payments are due.
The state treasurer, not less than thirty days prior to the date
on which any such interest or principal and interest payment
is due, shall withdraw from any general state revenues
received in the state treasury and deposit in the Washington
State University bond retirement fund of 1977 an amount
equal to the amount certified by the state finance committee
to be due on such payment date. [1977 ex.s. c 344 § 6.]
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
28B.31.070 Transfer of moneys to state general
fund from Washington State University building account.
On or before June 30th of each year the board of regents of
Washington State University shall cause to be accumulated
in the Washington State University building account, from
moneys transferred into said account from the Washington
State University bond retirement fund pursuant to RCW
28B.30.750(5), an amount at least equal to the amount
required in the next succeeding twelve months for the
payment of the principal of and interest on the bonds issued
pursuant to this chapter. Not less than thirty days prior to
the date on which any such interest or principal and interest
[Title 28B RCW—page 117]
28B.31.070
Title 28B RCW: Higher Education
payment is due, the board of regents of Washington State
University shall cause the amount so computed to be paid
out of such building account to the state treasurer, for
deposit into the general fund of the state treasury. [1977
ex.s. c 344 § 7.]
28B.35.195
28B.35.196
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
28B.35.215
28B.31.080 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1977 ex.s.
c 344 § 8.]
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
28B.31.090 Prerequisite to bond issuance. The
bonds authorized by this chapter shall be issued only after an
officer of Washington State University, designated by the
Washington State University board of regents, has certified,
based upon his estimates of future tuition income and other
factors, that an adequate balance will be maintained in the
Washington State University building account to enable the
board of regents to meet the requirements of RCW
28B.31.070 during the life of the bonds to be issued. [1977
ex.s. c 344 § 9.]
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
28B.31.100 Chapter not to repeal, override, or limit
other statutes or actions—Transfers under RCW
28B.31.070 as subordinate. No provision of this chapter
shall be deemed to repeal, override, or limit any provision of
RCW 28B.15.310 or 28B.30.700 through 28B.30.780, nor
any provision or covenant of the proceedings of the board of
regents of Washington State University heretofore or
hereafter taken in the issuance of its revenue bonds secured
by a pledge of its building fees and/or other revenues
pursuant to such statutes. The obligation of the board of
regents of Washington State University to make the transfers
provided for in RCW 28B.31.070 shall be subject and
subordinate to the lien and charge of such revenue bonds,
and any revenue bonds hereafter issued, on such building
fees and/or other revenues pledged to secure such bonds, and
on the moneys in the Washington State University building
account and the Washington State University bond retirement
fund. [1985 c 390 § 45; 1977 ex.s. c 344 § 10.]
Severability—1977 ex.s. c 344: See note following RCW
28B.31.010.
Chapter 28B.35
REGIONAL UNIVERSITIES
Sections
28B.35.010
28B.35.050
28B.35.100
28B.35.105
28B.35.110
28B.35.120
28B.35.190
Designation.
Primary purposes—Eligibility requirements for designation
as regional university.
Trustees—Appointment—Terms—Quorum—Vacancies.
Trustees—Organization and officers of board—Quorum.
Trustees—Meetings of board.
Trustees—General powers and duties of board.
Trustees—Fire protection services.
[Title 28B RCW—page 118]
28B.35.200
28B.35.205
28B.35.230
28B.35.300
28B.35.305
28B.35.310
28B.35.315
28B.35.320
28B.35.350
28B.35.370
28B.35.390
28B.35.395
28B.35.400
Treasurer—Appointment, term, duties, bonds.
Credits—Statewide transfer policy and agreement—
Establishment.
Bachelor degrees authorized.
Degrees through master’s degrees authorized—
Limitations—Honorary bachelor’s or master’s degrees.
Doctorate level degrees in physical therapy authorized—
Review by higher education coordinating board.
Certificates, diplomas—Signing—Contents.
Model schools and training departments—Purpose.
Model schools and training departments—Trustees to estimate number of pupils required.
Model schools and training departments—Requisitioning of
pupils—President may refuse admission.
Model schools and training departments—Report of attendance.
High-technology education and training.
Suspension and expulsion.
Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for
construction, equipment, maintenance of buildings, etc.
Duties of president.
President’s housing allowance.
Meetings of presidents.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.35.700
Construction, remodeling, improvement, financing, etc.—
Authorized.
28B.35.710 Definitions.
28B.35.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.35.730 Bonds—Issuance, sale, form, term, interest, etc.—
Covenants—Deposit of proceeds.
28B.35.740 Disposition of building fees and normal school fund revenues—Bond payments, etc.
28B.35.750 Funds payable into bond retirement funds—Pledge of building fees.
28B.35.751 Disposition of certain normal school fund revenues.
28B.35.760 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc.
28B.35.770 Refunding bonds.
28B.35.780 Bonds not general obligation—Legislature may provide
additional means of payment.
28B.35.790 Other laws not repealed or limited.
Bond issue of 1977 for the refunding of outstanding limited obligation
revenue bonds of institutions of higher education: Chapter 28B.14C
RCW.
Branch campuses
Central Washington University—Yakima area: RCW 28B.45.060.
Washington State University and Eastern Washington University—
Spokane area: RCW 28B.45.050.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Central College fund—Other revenue for support of Central Washington
University: RCW 43.79.304.
Chapter as affecting
Central Washington State College building and normal school fund
revenue bonds: RCW 28B.14C.120.
Eastern Washington State College building and normal school fund
revenue bonds: RCW 28B.14C.110.
Western Washington State College building and normal school fund
revenue bonds: RCW 28B.14C.100.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Eastern College fund—Other revenue for support of Eastern Washington
University: RCW 43.79.314.
Former state colleges of education—Moneys paid into general fund for
support of: RCW 43.79.180.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
(2002 Ed.)
Regional Universities
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Normal school grant to former state colleges of education: RCW
43.79.150.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Western Washington fund—Other revenue for support of Western Washington University: RCW 43.79.324.
28B.35.010 Designation. The regional universities
shall be located and designated as follows: At Bellingham,
Western Washington University; at Cheney, Eastern Washington University; at Ellensburg, Central Washington
University. [1977 ex.s. c 169 § 44. Prior: 1969 ex.s. c 223
§ 28B.40.010; prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c
147 § 2; prior: (i) 1909 c 97 p 251, part; 1897 c 118 § 212;
1893 c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1; RRS
§ 4604-1. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv) 1937 c
23 § 3; RRS § 4604-3. Formerly RCW 28B.40.010, part;
28.81.010.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.050 Primary purposes—Eligibility requirements for designation as regional university. The primary
purposes of the regional universities shall be to offer
undergraduate and graduate education programs through the
master’s degree, including programs of a practical and
applied nature, directed to the educational and professional
needs of the residents of the regions they serve; to act as
receiving institutions for transferring community college
students; and to provide extended occupational and complementary studies programs that continue or are otherwise
integrated with the educational services of the region’s
community colleges.
No college shall be eligible for designation as a regional
university until it has been in operation for at least twenty
years and has been authorized to offer master’s degree
programs in more than three fields. [1977 ex.s. c 169 § 2.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.100 Trustees—Appointment—Terms—
Quorum—Vacancies. (1) The governance of each of the
regional universities shall be vested in a board of trustees
consisting of eight members, one of whom shall be a
student. The governor shall select the student member from
a list of candidates, of at least three and not more than five,
submitted by the governing body of the associated students.
They shall be appointed by the governor with the consent of
the senate and, except for the student member, shall hold
their offices for a term of six years from the first day of
October and until their successors are appointed and qualified. The student member shall hold his or her office for a
term of one year from the first day of June and until his or
her successor is appointed and qualified. The student
member shall be a full-time student in good standing at the
respective university at the time of appointment.
(2) Five members of the board constitute a quorum for
the transaction of business. In case of a vacancy, or when
an appointment is made after the date of expiration of the
term, the governor shall fill the vacancy for the remainder of
(2002 Ed.)
Chapter 28B.35
the term of the trustee whose office has become vacant or
expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members and personnel. [1998 c 95 § 3; 1985 c 137 § 1; 1979
ex.s. c 103 § 4; 1977 ex.s. c 169 § 45. Prior: 1973 c 62 §
11; 1969 ex.s. c 223 § 28B.40.100; prior: 1967 ex.s. c 5 §
2; 1957 c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part;
1897 c 118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii)
1909 c 97 p 251 § 2; 1897 c 118 § 213; 1893 c 107 § 2;
RRS § 4605. Formerly RCW 28B.40.100, part; 28.81.020.]
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.105 Trustees—Organization and officers of
board—Quorum. Each board of regional university trustees
shall elect one of its members chairman, and it shall elect a
secretary, who may or may not be a member of the board.
Each board shall have power to adopt bylaws for its government and for the government of the school, which bylaws
shall not be inconsistent with law, and to prescribe the duties
of its officers, committees and employees. A majority of the
board shall constitute a quorum for the transaction of all
business. [1977 ex.s. c 169 § 46. Prior: 1969 ex.s. c 223
§ 28B.40.105; prior: 1909 p 252 § 3; RRS § 4606; prior:
1897 c 118 § 214; 1893 c 107 § 3. Formerly RCW
28B.40.105, part; 28.81.030 and 28.81.050(1), (2).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.110 Trustees—Meetings of board. Each
board of regional university trustees shall hold at least two
regular meetings each year, at such times as may be provided by the board. Special meetings shall be held as may
be deemed necessary, whenever called by the chairman or by
a majority of the board. Public notice of all meetings shall
be given in accordance with chapter 42.32 RCW. [1977
ex.s. c 169 § 47. Prior: 1969 ex.s. c 223 § 28B.40.110;
prior: 1917 c 128 § 1, part; 1909 c 97 p 253 § 6, part; RRS
§ 4609, part; prior: 1897 c 118 § 217, part; 1893 c 107 § 6,
part. Formerly RCW 28B.40.110, part; 28.81.040, part.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Open public meetings act: Chapter 42.30 RCW.
28B.35.120 Trustees—General powers and duties of
board. In addition to any other powers and duties prescribed by law, each board of trustees of the respective
regional universities:
(1) Shall have full control of the regional university and
its property of various kinds, except as otherwise provided
by law.
(2) Shall employ the president of the regional university,
his assistants, members of the faculty, and other employees
of the institution, who, except as otherwise provided by law,
[Title 28B RCW—page 119]
28B.35.120
Title 28B RCW: Higher Education
shall hold their positions, until discharged therefrom by the
board for good and lawful reason.
(3) With the assistance of the faculty of the regional
university, shall prescribe the course of study in the various
schools and departments thereof and publish such catalogues
thereof as the board deems necessary: PROVIDED, That the
state board of education shall determine the requisites for
and give program approval of all courses leading to teacher
certification by such board.
(4) Establish such divisions, schools or departments
necessary to carry out the purposes of the regional university
and not otherwise proscribed by law.
(5) Except as otherwise provided by law, may establish
and erect such new facilities as determined by the board to
be necessary for the regional university.
(6) May acquire real and other property as provided in
RCW 28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase
all supplies and purchase or lease equipment and other
personal property needed for the operation or maintenance of
the regional university.
(8) May establish, lease, operate, equip and maintain
self-supporting facilities in the manner provided in RCW
28B.10.300 through 28B.10.330, as now or hereafter
amended.
(9) Except as otherwise provided by law, to enter into
such contracts as the trustees deem essential to regional
university purposes.
(10) May receive such gifts, grants, conveyances,
devises and bequests of real or personal property from
whatsoever source, as may be made from time to time, in
trust or otherwise, whenever the terms and conditions thereof
will aid in carrying out the regional university programs;
sell, lease or exchange, invest or expend the same or the
proceeds, rents, profits and income thereof except as limited
by the terms and conditions thereof; and adopt regulations to
govern the receipt and expenditure of the proceeds, rents,
profits and income thereof.
(11) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.80.340, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational
programs, and purchase or lease major off-campus facilities.
(12) May promulgate such rules and regulations, and
perform all other acts not forbidden by law, as the board of
trustees may in its discretion deem necessary or appropriate
to the administration of the regional university. [1985 c 370
§ 94; 1977 ex.s. c 169 § 48. Prior: 1969 ex.s. c 223 §
28B.40.120; prior: 1909 c 97 p 252 § 4; RRS § 4607; prior:
1905 c 85 § 1; 1897 c 118 § 215; 1893 c 107 § 4. Formerly
RCW 28B.40.120, part; 28.81.050.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.190 Trustees—Fire protection services.
Subject to the provisions of RCW 35.21.779, each board of
trustees of the regional universities may:
(1) Contract for such fire protection services as may be
necessary for the protection and safety of the students, staff
and property of the regional university;
[Title 28B RCW—page 120]
(2) By agreement pursuant to the provisions of chapter
239, Laws of 1967 (chapter 39.34 RCW), as now or hereafter amended, join together with other agencies or political
subdivisions of the state or federal government and otherwise
share in the accomplishment of any of the purposes of
subsection (1) of this section:
PROVIDED, HOWEVER, That neither the failure of the
trustees to exercise any of its powers under this section nor
anything herein shall detract from the lawful and existing
powers and duties of political subdivisions of the state to
provide the necessary fire protection equipment and services
to persons and property within their jurisdiction. [1992 c
117 § 1; 1977 ex.s. c 169 § 49. Prior: 1970 ex.s. c 15 § 28.
Formerly RCW 28B.40.190, part.]
Findings—1992 c 117: See note following RCW 35.21.775.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.195 Treasurer—Appointment, term, duties,
bonds. See RCW 28B.40.195.
28B.35.196 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.80.280 and
28B.80.290.
28B.35.200 Bachelor degrees authorized. The
degree of bachelor of arts or the degree of bachelor of
science and/or the degree of bachelor of arts in education
may be granted to any student who has completed a fouryear course of study or the equivalent thereof in Central
Washington University, Eastern Washington University, or
Western Washington University. [1977 ex.s. c 169 § 50.
Prior: 1969 ex.s. c 223 § 28B.40.200; prior: 1967 c 231 §
1; 1967 c 47 § 7; 1947 c 109 § 1; 1933 c 13 § 1; Rem.
Supp. 1947 § 4618-1. Formerly RCW 28B.40.200, part;
28.81.052; 28.81.050(16).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.205 Degrees through master’s degrees
authorized—Limitations—Honorary bachelor’s or
master’s degrees. In addition to all other powers and duties
given to them by law, Central Washington University,
Eastern Washington University, and Western Washington
University are hereby authorized to grant any degree through
the master’s degree to any student who has completed a
program of study and/or research in those areas which are
determined by the faculty and board of trustees of the college to be appropriate for the granting of such degree:
PROVIDED, That before any degree is authorized under this
section it shall be subject to the review and approval of the
higher education coordinating board.
The board of trustees, upon recommendation of the
faculty, may also confer honorary bachelor’s or master’s
degrees upon persons other than graduates of the institution,
in recognition of their learning or devotion to education,
literature, art, or science. No degree may be conferred in
consideration of the payment of money or the donation of
any kind of property. [1991 c 58 § 2; 1985 c 370 § 84;
1979 c 14 § 4. Prior: 1977 ex.s. c 169 § 51. Cf: 1975 1st
ex.s. c 232 § 1.]
(2002 Ed.)
Regional Universities
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.215 Doctorate level degrees in physical
therapy authorized—Review by higher education coordinating board. The board of trustees of Eastern Washington
University may offer applied, but not research, doctorate
level degrees in physical therapy subject to review and
approval by the higher education coordinating board. [2001
c 252 § 1.]
28B.35.230 Certificates, diplomas—Signing—
Contents. Every diploma issued by a regional university
shall be signed by the chairman of the board of trustees and
by the president of the regional university issuing the same,
and sealed with the appropriate seal. In addition to the
foregoing, teaching certificates shall be countersigned by the
state superintendent of public instruction. Every certificate
shall specifically state what course of study the holder has
completed and for what length of time such certificate is
valid in the schools of the state. [1977 ex.s. c 169 § 53.
Prior: 1969 ex.s. c 223 § 28B.40.230; prior: 1917 c 128 §
4; 1909 c 97 p 254 § 9; RRS § 4615; prior: 1897 c 118 §
220; 1895 c 146 § 2; 1893 c 107 § 13. Formerly RCW
28B.40.230, part; 28.81.056; 28.81.050(15).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.300 Model schools and training departments—Purpose. A model school or schools or training
departments may be provided for each regional university, in
which students, before graduation, may have actual practice
in teaching or courses relative thereto under the supervision
and observation of critic teachers. All schools or departments involved herewith shall organize and direct their work
being cognizant of public school needs. [1977 ex.s. c 169
§ 54. Prior: 1969 ex.s. c 223 § 28B.40.300; prior: 1917 c
128 § 2; 1909 c 97 p 253 § 8; RRS § 4611; prior: 1897 c
118 § 219; 1893 c 107 § 12. Formerly RCW 28B.40.300,
part; 28.81.058; 28.81.050(12).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.305 Model schools and training departments—Trustees to estimate number of pupils required.
The board of trustees of any regional university having a
model school or training department as authorized by RCW
28B.35.300, shall, on or before the first Monday of September of each year, file with the board of the school district or
districts in which such regional university is situated, a
certified statement showing an estimate of the number of
public school pupils who will be required to make up such
model school and specifying the number required for each
grade for which training for students is required. [1977 ex.s.
c 169 § 55. Prior: 1969 ex.s. c 223 § 28B.40.305; prior:
1907 c 97 § 1; RRS § 4612. Formerly RCW 28B.40.305,
part; 28.81.059; 28.81.050(13).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2002 Ed.)
28B.35.205
28B.35.310 Model schools and training departments—Requisitioning of pupils—President may refuse
admission. It shall thereupon be the duty of the board of
the school district or districts with which such statement has
been filed, to apportion for attendance to the said model
school or training department, a sufficient number of pupils
from the public schools under the supervision of said board
as will furnish to such regional university the number of
pupils required in order to maintain such facility: PROVIDED, That the president of said regional university may refuse
to accept any such pupil as in his judgment would tend to
reduce the efficiency of said model school or training
department. [1977 ex.s. c 169 § 56. Prior: 1969 ex.s. c
223 § 28B.40.310; prior: 1907 c 97 § 2; RRS § 4613.
Formerly RCW 28B.40.310, part; 28.81.060.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.315 Model schools and training departments—Report of attendance. Annually, on or before the
date for reporting the school attendance of the school district
in which said model school or training department is
situated, for the purpose of taxation for the support of the
common schools, the board of trustees of each such regional
university having supervision over the same shall file with
the board of the school district or districts, in which such
model school or training department is situated, a report
showing the number of common school pupils at each such
model school or training department during the school year
last passed, and the period of their attendance in the same
form that reports of public schools are made. Any superintendent of the school district so affected shall, in reporting
the attendance in said school district, segregate the attendance at said model school or training department, from the
attendance in the other schools of said district: PROVIDED,
That attendance shall be credited, if credit be given therefor,
to the school district in which the pupil resides. [1977 ex.s.
c 169 § 57. Prior: 1969 ex.s. c 223 § 28B.40.315; prior:
1917 c 128 § 3; 1907 c 97 § 3; RRS § 4614. Formerly
RCW 28B.40.315, part; 28.81.061; 28.81.050(14).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.320 High-technology education and training.
See chapter 28B.65 RCW.
28B.35.350 Suspension and expulsion. Any student
may be suspended or expelled from any regional university
who is found to be guilty of an infraction of the regulations
of the institution. [1977 ex.s. c 169 § 58. Prior: 1969 ex.s.
c 223 § 28B.40.350; prior: 1961 ex.s. c 13 § 2, part; prior:
(i) 1909 c 97 p 255 § 13; RRS § 4620. (ii) 1921 c 136 § 1,
part; 1905 c 85 § 3, part; RRS § 4616, part. Formerly RCW
28B.40.350, part; 28.81.070.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.370 Disposition of building fees and normal
school fund revenues—Bond payments—Capital projects
accounts for construction, equipment, maintenance of
[Title 28B RCW—page 121]
28B.35.370
Title 28B RCW: Higher Education
buildings, etc. Within thirty-five days from the date of
collection thereof all building fees of each regional university and The Evergreen State College shall be paid into the
state treasury and these together with such normal school
fund revenues as provided in RCW 28B.35.751 as are
received by the state treasury shall be credited as follows:
(1) On or before June 30th of each year the board of
trustees of each regional university and The Evergreen State
College, if issuing bonds payable out of its building fees and
above described normal school fund revenues, shall certify
to the state treasurer the amounts required in the ensuing
twelve months to pay and secure the payment of the principal of and interest on such bonds. The amounts so certified
by each regional university and The Evergreen State College
shall be a prior lien and charge against all building fees and
above described normal school fund revenues of such
institution. The state treasurer shall thereupon deposit the
amounts so certified in the Eastern Washington University
capital projects account, the Central Washington University
capital projects account, the Western Washington University
capital projects account, or The Evergreen State College
capital projects account respectively, which accounts are
hereby created in the state treasury. The amounts deposited
in the respective capital projects accounts shall be used
exclusively to pay and secure the payment of the principal
of and interest on the building bonds issued by such regional
universities and The Evergreen State College as authorized
by law. If in any twelve month period it shall appear that
the amount certified by any such board of trustees is
insufficient to pay and secure the payment of the principal
of and interest on the outstanding building and above described normal school fund revenue bonds of its institution,
the state treasurer shall notify the board of trustees and such
board shall adjust its certificate so that all requirements of
moneys to pay and secure the payment of the principal of
and interest on all such bonds then outstanding shall be fully
met at all times.
(2) All normal school fund revenue pursuant to RCW
28B.35.751 shall be deposited in the Eastern Washington
University capital projects account, the Central Washington
University capital projects account, the Western Washington
University capital projects account, or The Evergreen State
College capital projects account respectively, which accounts
are hereby created in the state treasury. The sums deposited
in the respective capital projects accounts shall be appropriated and expended exclusively to pay and secure the payment of the principal of and interest on bonds payable out of
the building fees and normal school revenue and for the construction, reconstruction, erection, equipping, maintenance,
demolition and major alteration of buildings and other capital
assets, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances in relation thereto except for
any sums transferred therefrom as authorized by law. [1991
sp.s. c 13 § 49. Prior: 1985 c 390 § 47; 1985 c 57 § 15;
1977 ex.s. c 169 § 79; 1969 ex.s. c 223 § 28B.40.370; prior:
1967 c 47 §§ 11, 14; 1965 c 76 § 2; 1961 ex.s. c 14 § 5;
1961 ex.s. c 13 § 4. Formerly RCW 28B.40.370; 28.81.085;
28.81.540.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
[Title 28B RCW—page 122]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.390 Duties of president. The president of
each regional university shall have general supervision of the
university and see that all laws and rules of the board of
trustees are observed. [1977 ex.s. c 169 § 61. Prior: 1969
ex.s. c 223 § 28B.40.390; prior: 1909 c 97 p 253 § 7; RRS
§ 4610; prior: 1897 c 118 § 218; 1893 c 107 § 7. Formerly
RCW 28B.40.390, part; 28.81.110.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.395 President’s housing allowance. Housing
or a housing allowance may only be provided for the
president of a public four-year institution of higher education
who resides in the location where the institution is designated under RCW 28B.20.010, 28B.30.010, 28B.35.010, and
28B.40.010. [1998 c 344 § 4.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
28B.35.400 Meetings of presidents. It shall be the
duty of the presidents of the several regional universities to
meet at least once annually to consult with each other
relative to the management of the regional universities.
[1977 ex.s. c 169 § 62.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
FINANCING BUILDINGS AND FACILITIES—
1961 ACT
28B.35.700 Construction, remodeling, improvement,
financing, etc.—Authorized. The boards of trustees of the
regional universities and of The Evergreen State College are
empowered in accordance with the provisions of RCW
28B.35.700 through 28B.35.790, to provide for the construction, completion, reconstruction, remodeling, rehabilitation
and improvement of buildings and facilities authorized by
the legislature for the use of the aforementioned universities
and The Evergreen State College and to finance the payment
thereof by bonds payable out of special funds from revenues
hereafter derived from the payment of building fees, gifts,
bequests or grants and such additional funds as the legislature may provide. [1985 c 390 § 48; 1977 ex.s. c 169 § 82;
1969 ex.s. c 223 § 28B.40.700. Prior: 1967 c 47 § 12;
1961 ex.s. c 14 § 1. Formerly RCW 28B.40.700;
28.81.500.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.710 Definitions. The following terms,
whenever used or referred to in RCW 28B.35.700 through
28B.35.790, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "boards" means the boards of trustees of
the regional universities and The Evergreen State College.
(2) The words "building fees" mean the building fees
charged students registering at each college, but shall not
mean the special tuition or other fees charged such students
(2002 Ed.)
Regional Universities
or fees, charges, rentals, and other income derived from any
or all revenue-producing lands, buildings, and facilities of
the respective colleges, heretofore or hereafter acquired,
constructed or installed, including but not limited to income
from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking
facilities, land or the appurtenances thereon.
(3) The words "bond retirement funds" shall mean the
special funds created by law and known as the Eastern
Washington University bond retirement fund, Central
Washington University bond retirement fund, Western
Washington University bond retirement fund, and The
Evergreen State College bond retirement fund, all as referred
to in RCW 28B.35.370.
(4) The word "bonds" means the bonds payable out of
the bond retirement funds.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of any of the aforementioned colleges authorized by the legislature at any time
and to be financed by the issuance and sale of bonds. [1985
c 390 § 49; 1977 ex.s. c 169 § 83; 1969 ex.s. c 223 §
28B.40.710. Prior: 1967 c 47 § 13; 1961 ex.s. c 14 § 2.
Formerly RCW 28B.40.710; 28.81.510.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. In addition to
the powers conferred under existing law, each of the boards
is authorized and shall have the power:
(1) To contract for the construction, completion,
reconstruction, remodeling, rehabilitation and improvement
of such buildings or other facilities of the university or
college as are authorized by the legislature to be financed by
the issuance and sale of bonds.
(2) To finance the same by the issuance of bonds
secured by the pledge of any or all of the building fees.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or private corporation, association,
or person to aid in defraying the costs of any such projects.
[1985 c 390 § 50; 1977 ex.s. c 169 § 84; 1969 ex.s. c 223
§ 28B.40.720. Prior: 1961 ex.s. c 14 § 3. Formerly RCW
28B.40.720; 28.81.520.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.730 Bonds—Issuance, sale, form, term,
interest, etc.—Covenants—Deposit of proceeds. For the
purpose of financing the cost of any projects, each of the
boards is hereby authorized to adopt the resolution or
resolutions and prepare all other documents necessary for the
issuance, sale and delivery of the bonds or any part thereof
at such time or times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the university or college or
of the board;
(2002 Ed.)
28B.35.710
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one
hundred dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university or college by the
chairman of the board, attested by the secretary of the board,
have the seal of the university or college impressed thereon
or a facsimile of such seal printed or lithographed in the
bottom border thereof, and the coupons attached thereto shall
be signed with the facsimile signatures of such chairman and
the secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of
the bond retirement fund;
(6) Shall be payable at such times over a period of not
to exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as
the board may prescribe;
(8) Shall be issued under and subject to such terms,
conditions and covenants providing for the payment of the
principal thereof and interest thereon and such other terms,
conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.35.700
through 28B.35.790, as now or hereafter amended, and as
found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established, maintained and collected in such amounts that will
provide money sufficient to pay the principal of and interest
on all bonds payable out of the bond retirement fund, to set
aside and maintain the reserves required to secure the
payment of such principal and interest, and to maintain any
coverage which may be required over such principal and
interest;
(b) A covenant that a reserve account shall be created
in the bond retirement fund to secure the payment of the
principal of and interest on all bonds issued and a provision
made that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the capital projects account of the university or
college issuing the bonds to the bond retirement fund of such
university or college when ordered by the board of trustees
in the event there is ever an insufficient amount of money in
the bond retirement fund to pay any installment of interest
or principal and interest coming due on the bonds or any of
them;
(d) A covenant fixing conditions under which bonds on
a parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond
[Title 28B RCW—page 123]
28B.35.730
Title 28B RCW: Higher Education
retirement fund, shall be deposited in the state treasury to the
credit of the capital projects account of the university or
college issuing the bonds and shall be used solely for paying
the costs of the projects. [1985 c 390 § 51; 1977 ex.s. c 169
§ 85; 1970 ex.s. c 56 § 30; 1969 ex.s. c 232 § 104; 1969
ex.s. c 223 § 28B.40.730. Prior: 1961 ex.s. c 14 § 4. Formerly RCW 28B.40.730; 28.81.530.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Capital projects accounts of regional universities and The Evergreen State
College: RCW 28B.35.370.
28B.35.740 Disposition of building fees and normal
school fund revenues—Bond payments, etc. See RCW
28B.35.370.
28B.35.750 Funds payable into bond retirement
funds—Pledge of building fees. For the purpose of paying
and securing the payment of the principal of and interest on
the bonds as the same shall become due, there shall be paid
into the state treasury and credited to the respective bond
retirement fund of each university or college issuing bonds,
the following:
(1) Amounts derived from building fees as the board
shall certify as necessary to prevent default in the payments
required to be paid into such bond retirement fund;
(2) Any grants which may be made, or may become
available, for the purpose of furthering the construction of
any authorized projects, or for the repayment of the costs
thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof. As a part of the contract of
sale of such bonds, the board shall undertake to charge and
collect building fees and to deposit the portion of such fees
in the bond retirement fund in amounts which will be
sufficient to pay and secure the payment of the principal of,
and interest on all such bonds outstanding. [1985 c 390 §
52; 1977 ex.s. c 169 § 86; 1969 ex.s. c 223 § 28B.40.750.
Prior: 1961 ex.s. c 14 § 6. Formerly RCW 28B.40.750;
28.81.550.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.751 Disposition of certain normal school
fund revenues. All moneys received from the lease or
rental of lands set apart by the enabling act for state normal
schools purposes; all interest or income arising from the
proceeds of the sale of such lands or of the timber, fallen
timber, stone, gravel, or other valuable material thereon, less
the allocation to the state treasurer’s service fund pursuant to
RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160; and all moneys
received as interest on deferred payments on contracts for
the sale of such lands, shall from time to time be paid into
the state treasury and credited to the Eastern Washington
[Title 28B RCW—page 124]
University, Central Washington University, Western Washington University and The Evergreen State College capital
projects accounts as herein provided to be expended for
capital projects, and bond retirement purposes as set forth in
RCW 28B.35.750, as now or hereafter amended. Eastern
Washington University, Central Washington University,
Western Washington University, and The Evergreen State
College shall be credited with one-fourth of the total amount
beginning July 1, 2003. Beginning July 1, 1995, The
Evergreen State College shall receive five percent of the
total amount not obligated to repayment of bonds; Eastern
Washington University, Central Washington University, and
Western Washington University shall receive equal amounts
of the remaining amount. Beginning July 1, 1997, The
Evergreen State College shall receive ten percent of the total
amount not obligated to repayment of bonds; Eastern
Washington University, Central Washington University, and
Western Washington University shall receive equal amounts
of the remaining amount. Beginning July 1, 1999, The
Evergreen State College shall receive fifteen percent of the
total amount not dedicated to repayment of bonds; Eastern
Washington University, Central Washington University, and
Western Washington University shall each receive equal
amounts of the remaining amount. Beginning July 1, 2001,
The Evergreen State College shall receive twenty percent of
the total amount not obligated to repayment of bonds;
Eastern Washington University, Central Washington University, and Western Washington University shall each receive
equal amounts of the remaining amount. [1993 c 411 § 2;
1991 sp.s. c 13 § 95; 1977 ex.s. c 169 § 87; 1969 ex.s. c
223 § 28B.40.751. Prior: 1967 c 47 § 15; 1965 c 76 § 1.
Formerly RCW 28B.40.751; 28.81.551.]
Finding—1993 c 411: "The legislature finds that Central Washington
University, Eastern Washington University, Western Washington University,
and The Evergreen State College are the state’s comprehensive undergraduate institutions and each should share equally in the benefits derived from
lands set apart in the enabling act for state normal school purposes." [1993
c 411 § 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.760 Additional powers of board—Issuance
of bonds, investments, transfer of funds, etc. The board
of any such university or college is hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the
college’s or universities’ capital projects account to the
college’s or universities’ bond retirement fund when necessary to prevent a default in the payments required to be
made out of such fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds. [1977 ex.s. c 169 § 88; 1969 ex.s. c
223 § 28B.40.760. Prior: 1961 ex.s. c 14 § 7. Formerly
RCW 28B.40.760; 28.81.560.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2002 Ed.)
Regional Universities
28B.35.770 Refunding bonds. Each board of trustees
is hereby empowered to issue refunding bonds to provide
funds to refund any or all outstanding bonds payable from
the bond retirement fund and to pay any redemption premium payable on such outstanding bonds being refunded. Such
refunding bonds may be issued in the manner and on terms
and conditions and with the covenants permitted by RCW
28B.35.700 through 28B.35.790 as now or hereafter amended for the issuance of bonds. The refunding bonds shall be
payable out of the bond retirement fund and shall not
constitute an obligation either general or special, of the state
or a general obligation of the college or university of
Washington issuing the bonds or the board thereof. The
board may exchange the refunding bonds at par for the
bonds which are being refunded or may sell them in such
manner, at such price and at such rate or rates of interest as
it deems for the best interest of the college or university.
[1977 ex.s. c 169 § 89; 1970 ex.s. c 56 § 31; 1969 ex.s. c
232 § 105; 1969 ex.s. c 223 § 28B.40.770. Prior: 1961
ex.s. c 14 § 8. Formerly RCW 28B.40.770; 28.81.570.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.35.780 Bonds not general obligation—
Legislature may provide additional means of payment.
The bonds authorized to be issued pursuant to the provisions
of RCW 28B.35.700 through 28B.35.790 as now or hereafter
amended shall not be general obligations of the state of
Washington, but shall be limited obligation bonds payable
only from the special funds created for their payment. The
legislature may provide additional means for raising money
for the payment of interest and principal of said bonds.
RCW 28B.35.700 through 28B.35.790 as now or hereafter
amended shall not be deemed to provide an exclusive
method for such payment. The power given to the legislature by this section to provide for additional means for
raising money is permissive, and shall not in any way be
construed as a pledge of the general credit of the state of
Washington. [1977 ex.s. c 169 § 90; 1969 ex.s. c 223 §
28B.40.780. Prior: 1961 ex.s. c 14 § 9. Formerly RCW
28B.40.780; 28.81.580.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.35.790 Other laws not repealed or limited.
RCW 28B.35.700 through 28B.35.790 as now or hereafter
amended is concurrent with other legislation with reference
to providing funds for the construction of buildings at the
regional universities or The Evergreen State College and is
not to be construed as repealing or limiting any existing
provision of law with reference thereto. [1977 ex.s. c 169
§ 91; 1969 ex.s. c 223 § 28B.40.790. Prior: 1961 ex.s. c 14
§ 10. Formerly RCW 28B.40.790; 28.81.590.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2002 Ed.)
28B.35.770
Chapter 28B.38
SPOKANE INTERCOLLEGIATE RESEARCH AND
TECHNOLOGY INSTITUTE
Sections
28B.38.010
28B.38.020
28B.38.030
28B.38.040
28B.38.050
28B.38.060
28B.38.070
28B.38.900
Spokane intercollegiate research and technology institute.
Administration—Board of directors—Powers and duties.
Support from participating institutions.
Operating staff—Cooperative agreements for programs and
research.
Role of department of community, trade, and economic
development.
Availability of facilities to other institutions.
Authority to receive and expend funds.
Captions not law.
28B.38.010 Spokane intercollegiate research and
technology institute. (1) The Spokane intercollegiate
research and technology institute is created.
(2) The institute shall be operated and administered as
a multi-institutional education and research center, housing
appropriate programs conducted in Spokane under the
authority of institutions of higher education as defined in
RCW 28B.10.016. Washington independent and private
institutions of higher education may participate as full
partners in any academic and research activities of the institute.
(3) The institute shall house education and research
programs specifically designed to meet the needs of eastern
Washington.
(4) The establishment of any education program at the
institute and the lease, purchase, or construction of any site
or facility for the institute is subject to the approval of the
higher education coordinating board under RCW 28B.80.340.
(5) The institute shall be headquartered in Spokane.
(6) The mission of the institute is to perform and
commercialize research that benefits the intermediate and
long-term economic vitality of eastern Washington and to
develop and strengthen university-industry relationships
through the conduct of research that is primarily of interest
to eastern Washington-based companies or state economic
development programs. The institute shall:
(a) Perform and facilitate research supportive of state
science and technology objectives, particularly as they relate
to eastern Washington industries;
(b) Provide leading edge collaborative research and
technology transfer opportunities primarily to eastern
Washington industries;
(c) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in
research and industry interactions;
(d) Emphasize and develop nonstate support of the
institute’s research activities; and
(e) Provide a forum for effective interaction between the
state’s technology-based industries and its academic institutions through promotion of faculty collaboration with
industry, particularly within eastern Washington. [1998 c
344 § 9.]
Intent—Findings—1998 c 344: "It is the intent of the legislature to
provide the necessary access to quality upper division and graduate higher
education opportunities for the citizens of Spokane. The legislature intends
that the Spokane branch campus of Washington State University, offering
upper-division and graduate programs, be located at the Riverpoint Higher
Education Park and that Washington State University be the administrative
[Title 28B RCW—page 125]
28B.38.010
Title 28B RCW: Higher Education
and fiscal agent for the Riverpoint Higher Education Park. In addition,
those programs offered by Eastern Washington University that meet the
rules and guidelines established by the higher education coordinating
board’s program approval process may serve students at the Riverpoint
Higher Education Park. The legislature intends to streamline the program
planning and approval process in Spokane by eliminating the joint center for
higher education; thereby treating the Spokane higher education community
like other public higher education communities in Washington that receive
program approval from the higher education coordinating board. However,
the legislature encourages partnerships, collaboration, and avoidance of
program duplication through regular communication among the presidents
of Spokane’s public and private institutions of higher education. The
legislature further intends that the residential mission of Eastern Washington
University in Cheney be strengthened and that Eastern Washington
University focus on the excellence of its primary campus in Cheney.
In addition, the legislature finds that the Spokane intercollegiate
research and technology institute is a vital and necessary element in the
academic and economic future of eastern Washington. The legislature also
finds that it is in the interest of the state of Washington to support and
promote applied research and technology in areas of the state that, because
of geographic or historic circumstances, have not developed fully balanced
economies. It is the intent of the legislature that institutions of higher
education and the department of community, trade, and economic development work cooperatively with the private sector in the development and
implementation of a technology transfer and integration program to promote
the economic development and enhance the quality of life in eastern
Washington." [1998 c 344 § 1.]
28B.38.020 Administration—Board of directors—
Powers and duties. (1) The institute shall be administered
by the board of directors.
(2) The board shall consist of the following members:
(a) Nine members of the general public. Of the general
public membership, at least six shall be individuals who are
associated with or employed by technology-based or manufacturing-based industries and have broad business experience and an understanding of high technology;
(b) The executive director of the Washington technology
center or the director’s designee;
(c) The provost of Washington State University or the
provost’s designee;
(d) The provost of Eastern Washington University or the
provost’s designee;
(e) The provost of Central Washington University or the
provost’s designee;
(f) The provost of the University of Washington or the
provost’s designee;
(g) An academic representative from the Spokane
community colleges;
(h) One member from Gonzaga University; and
(i) One member from Whitworth College.
(3) The term of office for each board member, excluding the executive director of the Washington technology
center, the provosts of Washington State University, Eastern
Washington University, Central Washington University, and
the University of Washington, shall be three years. The
executive director of the institute shall be an ex officio,
nonvoting member of the board. Board members shall be
appointed by the governor. Initial appointments shall be for
staggered terms to ensure the long-term continuity of the
board. The board shall meet at least quarterly.
(4) The duties of the board include:
(a) Developing the general operating policies for the
institute;
(b) Appointing the executive director of the institute;
[Title 28B RCW—page 126]
(c) Approving the annual operating budget of the
institute;
(d) Establishing priorities for the selection and funding
of research projects that guarantee the greatest potential
return on the state’s investment;
(e) Approving and allocating funding for research
projects conducted by the institute;
(f) In cooperation with the department of community,
trade, and economic development, developing a biennial
work plan and five-year strategic plan for the institute that
are consistent with the statewide technology development
and commercialization goals;
(g) Coordinating with public, independent, and private
institutions of higher education, and other participating
institutions of higher education in the development of
training, research, and development programs to be conducted at the institute that are targeted to meet industrial needs;
(h) Assisting the department of community, trade, and
economic development in the department’s efforts to develop
state science and technology public policies and coordinate
publicly funded programs;
(i) Reviewing annual progress reports on funded
research projects;
(j) Providing an annual report to the governor and the
legislature detailing the activities and performance of the
institute; and
(k) Submitting annually to the department of community, trade, and economic development an updated strategic
plan and a statement of performance measured against the
mission, roles, and contractual obligations of the institute.
(5) The board may enter into contracts to fulfill its
responsibilities and purposes under this chapter. [1998 c 344
§ 10.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
28B.38.030 Support from participating institutions.
Staff support for programs will be provided from among the
cooperating institutions through cooperative agreements.
Cooperating institutions are Washington State University as
the senior research partner, Eastern Washington University,
Central Washington University, the University of Washington, Gonzaga University, Whitworth College, and other
participating institutions of higher education. [1998 c 344 §
11.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
28B.38.040 Operating staff—Cooperative agreements for programs and research. The director of the
Spokane intercollegiate research and technology institute
may hire staff as necessary to operate the institution. The
director may enter into cooperative agreements for programs
and research with public and private organizations including
state and nonstate funding agencies consistent with policies
of the Spokane intercollegiate research and technology
institute. [1998 c 344 § 12.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
(2002 Ed.)
Spokane Intercollegiate Research and Technology Institute
28B.38.050 Role of department of community,
trade, and economic development. The department of
community, trade, and economic development shall contract
with the institute for the expenditure of state-appropriated
funds for the operation of the institute. The department of
community, trade, and economic development shall provide
guidance to the institute regarding expenditure of stateappropriated funds and the development of the institute’s
strategic plan. The director of the department of community,
trade, and economic development shall not withhold funds
appropriated for the institute if the institute complies with
the provisions of its contract with the department of community, trade, and economic development. The department is
responsible to the legislature for the contractual performance
of the institute. [1998 c 344 § 13.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
28B.38.060 Availability of facilities to other institutions. The facilities of the institute shall be made available
to other institutions of higher education within the state
when this would benefit specific program needs. [1998 c
344 § 14.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
28B.38.070 Authority to receive and expend funds.
The board may receive and expend federal funds and any
private gifts or grants to further the purpose of the institute.
The funds are to be expended in accordance with federal and
state law and any conditions contingent in the grant of those
funds. [1998 c 344 § 15.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
28B.38.900 Captions not law. Captions used in this
chapter are not any part of the law. [1998 c 344 § 16.]
Chapter 28B.40
THE EVERGREEN STATE COLLEGE
Sections
28B.40.010
28B.40.100
28B.40.105
28B.40.110
28B.40.120
28B.40.190
28B.40.195
28B.40.196
28B.40.200
28B.40.206
28B.40.230
28B.40.300
28B.40.305
28B.40.310
28B.40.315
28B.40.320
28B.40.350
28B.40.360
(2002 Ed.)
Designation.
Trustees—Appointment—Terms—Quorum—Vacancies.
Trustees—Organization and officers of board—Quorum.
Trustees—Meetings of board.
Trustees—General powers and duties of board.
Trustees—Fire protection services.
Treasurer—Appointment, term, duties, bonds.
Credits—Statewide transfer policy and agreement—
Establishment.
Bachelor degrees authorized.
Degrees through master’s degrees authorized—
Limitations—Honorary bachelor’s or master’s degrees.
Certificates, diplomas—Signing—Contents.
Model schools and training departments—Purpose.
Model schools and training departments—Trustees to estimate number of pupils required.
Model schools and training departments—Requisitioning of
pupils—President may refuse admission.
Model schools and training departments—Report of attendance.
High-technology education and training.
Suspension and expulsion.
State college fees.
28B.40.370
28B.40.390
28B.40.500
28B.40.505
28B.38.050
Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for
construction, equipment, maintenance of buildings, etc.
Duties of president.
Annuities and retirement income plans for faculty members.
Tax deferred annuities for employees.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.40.700
Construction, remodeling, improvement, financing, etc.—
Authorized.
28B.40.710 Definitions.
28B.40.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.40.730 Bonds—Issuance, sale, form, term, interest, etc.—
Covenants—Deposit of proceeds.
28B.40.740 Disposition of building fees and normal school fund revenues—Bond payments, etc.
28B.40.750 Funds payable into bond retirement funds—Pledge of building fees.
28B.40.751 Disposition of certain normal school fund revenues.
28B.40.760 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc.
28B.40.770 Refunding bonds.
28B.40.780 Bonds not general obligation—Legislature may provide
additional means of payment.
28B.40.790 Other laws not repealed or limited.
28B.40.795 Acquisition, construction, equipping and betterment of
lands, buildings and facilities at universities and The
Evergreen State College.
28B.40.810 The Evergreen State College—Established.
28B.40.820 The Evergreen State College—Trustees—Appointment—
Terms.
28B.40.830 The Evergreen State College—Trustees, powers and duties—Existing statutes as applicable to college—Federal
benefits and donations.
Acquisition of property, powers: RCW 28B.10.020.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Blind students
defined: RCW 28B.10.210.
funds for assistance to: RCW 28B.10.215, 28B.10.220.
Bond issue of 1977 for the refunding of outstanding limited obligation
revenue bonds of institutions of higher education: Chapter 28B.14C
RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of acquired: RCW 28B.10.305.
Chapter as affecting The Evergreen State College building revenue bonds:
RCW 28B.14C.130.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Courses, studies and instruction
physical education: RCW 28B.10.700.
state board to approve courses leading to teacher certification: RCW
28B.40.120(3).
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
approval by state board of education of courses leading to teacher
certification: RCW 28B.40.120(3).
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
[Title 28B RCW—page 127]
Chapter 28B.40
Title 28B RCW: Higher Education
Faculty members and employees, insurance: RCW 28B.10.660.
Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650.
Flag, display: RCW 28B.10.030.
Funds
Central College fund, abolished and moneys transferred to general fund:
RCW 43.79.300, 43.79.302.
Central College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.301, 43.79.303.
Eastern College fund, abolished and moneys transferred to general fund:
RCW 43.79.310, 43.79.312.
Eastern College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.311, 43.79.313.
moneys paid into general fund for support of: RCW 43.79.180.
normal school current fund, sources: RCW 43.79.180.
normal school grant to colleges of education: RCW 43.79.150.
normal school permanent fund: RCW 43.79.160.
Western College fund, abolished and moneys transferred to general fund:
RCW 43.79.320, 43.79.322.
Western College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.321, 43.79.323.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Insurance for officers, employees and students: RCW 28B.10.660.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Real property, acquisition of authorized: RCW 28B.10.020.
Students
insurance: RCW 28B.10.660.
loan fund under national defense education act: RCW 28B.10.280.
Tuition exemptions, children of deceased or disabled veterans and children
of certain citizens missing in action or prisoners of war: RCW
28B.10.265.
28B.40.010 Designation. The only state college in
Washington shall be in Thurston county, The Evergreen
State College. [1977 ex.s. c 169 § 64; 1969 ex.s. c 223 §
28B.40.010. Prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c
147 § 2; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c 118 §
212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1;
RRS § 4604-1. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv)
1937 c 23 § 3; RRS § 4604-3. Formerly RCW 28.81.010.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.100 Trustees—Appointment—Terms—
Quorum—Vacancies. (1) The governance of The Evergreen State College shall be vested in a board of trustees
consisting of eight members, one of whom shall be a
student. The governor shall select the student member from
a list of candidates, of at least three and not more than five,
submitted by the student body. They shall be appointed by
the governor with the consent of the senate and, except for
the student member, shall hold their offices for a term of six
years from the first day of October and until their successors
are appointed and qualified. The student member shall hold
his or her office for a term of one year from the first day of
June and until his or her successor is appointed and qualified. The student member shall be a full-time student in
good standing at the college at the time of appointment.
(2) Five members of the board constitute a quorum for
the transaction of business. In case of a vacancy, or when
an appointment is made after the date of expiration of the
[Title 28B RCW—page 128]
term, the governor shall fill the vacancy for the remainder of
the term of the trustee whose office has become vacant or
expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members and personnel. [1998 c 95 § 4; 1985 c 137 § 2; 1979
ex.s. c 103 § 5; 1977 ex.s. c 169 § 65; 1973 c 62 § 11; 1969
ex.s. c 223 § 28B.40.100. Prior: 1967 ex.s. c 5 § 2; 1957
c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c 118
§ 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1909 c 97 p
251 § 2; 1897 c 118 § 213; 1893 c 107 § 2; RRS § 4605.
Formerly RCW 28.81.020.]
Present terms not affected—Severability—1979 ex.s. c 103: See
notes following RCW 28B.20.100.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
28B.40.105 Trustees—Organization and officers of
board—Quorum. The board of The Evergreen State
College trustees shall elect one of its members chairman, and
it shall elect a secretary, who may or may not be a member
of the board. The board shall have power to adopt bylaws
for its government and for the government of the school,
which bylaws shall not be inconsistent with law, and to
prescribe the duties of its officers, committees and employees. A majority of the board shall constitute a quorum for
the transaction of all business. [1977 ex.s. c 169 § 66; 1969
ex.s. c 223 § 28B.40.105. Prior: 1909 p 252 § 3; RRS §
4606; prior: 1897 c 118 § 214; 1893 c 107 § 3. Formerly
RCW 28.81.030 and 28.81.050(1), (2).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.110 Trustees—Meetings of board. The board
of The Evergreen State College trustees shall hold at least
two regular meetings each year, at such times as may be
provided by the board. Special meetings shall be held as
may be deemed necessary, whenever called by the chairman
or by a majority of the board. Public notice of all meetings
shall be given in accordance with chapter 42.32 RCW.
[1977 ex.s. c 169 § 67; 1969 ex.s. c 223 § 28B.40.110.
Prior: 1917 c 128 § 1, part; 1909 c 97 p 253 § 6, part; RRS
§ 4609, part; prior: 1897 c 118 § 217, part; 1893 c 107 § 6,
part. Formerly RCW 28.81.040, part.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Open public meetings act: Chapter 42.30 RCW.
28B.40.120 Trustees—General powers and duties of
board. In addition to any other powers and duties prescribed by law, the board of trustees of The Evergreen State
College:
(1) Shall have full control of the state college and its
property of various kinds, except as otherwise provided by
law.
(2002 Ed.)
The Evergreen State College
(2) Shall employ the president of the state college, his
assistants, members of the faculty, and other employees of
the institution, who, except as otherwise provided by law,
shall hold their positions, until discharged therefrom by the
board for good and lawful reason.
(3) With the assistance of the faculty of the state
college, shall prescribe the course of study in the various
schools and departments thereof and publish such catalogues
thereof as the board deems necessary: PROVIDED, That the
state board of education shall determine the requisites for
and give program approval of all courses leading to teacher
certification by such board.
(4) Establish such divisions, schools or departments
necessary to carry out the purposes of the college and not
otherwise proscribed by law.
(5) Except as otherwise provided by law, may establish
and erect such new facilities as determined by the board to
be necessary for the college.
(6) May acquire real and other property as provided in
RCW 28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase
all supplies and purchase or lease equipment and other
personal property needed for the operation or maintenance of
the college.
(8) May establish, lease, operate, equip and maintain
self-supporting facilities in the manner provided in RCW
28B.10.300 through 28B.10.330, as now or hereafter
amended.
(9) Except as otherwise provided by law, to enter into
such contracts as the trustees deem essential to college
purposes.
(10) May receive such gifts, grants, conveyances,
devises and bequests of real or personal property from
whatsoever source, as may be made from time to time, in
trust or otherwise, whenever the terms and conditions thereof
will aid in carrying out the college programs; sell, lease or
exchange, invest or expend the same or the proceeds, rents,
profits and income thereof except as limited by the terms
and conditions thereof; and adopt regulations to govern the
receipt and expenditure of the proceeds, rents, profits and
income thereof.
(11) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.80.340, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational
programs, and purchase or lease major off-campus facilities.
(12) May promulgate such rules and regulations, and
perform all other acts not forbidden by law, as the board of
trustees may in its discretion deem necessary or appropriate
to the administration of the college. [1985 c 370 § 95; 1977
ex.s. c 169 § 68; 1969 ex.s. c 223 § 28B.40.120. Prior:
1909 c 97 p 252 § 4; RRS § 4607; prior: 1905 c 85 § 1;
1897 c 118 § 215; 1893 c 107 § 4. Formerly RCW
28.81.050.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.190 Trustees—Fire protection services.
Subject to the provisions of RCW 35.21.779, the board of
trustees of The Evergreen State College may:
(2002 Ed.)
28B.40.120
(1) Contract for such fire protection services as may be
necessary for the protection and safety of the students, staff
and property of the college;
(2) By agreement pursuant to the provisions of chapter
239, Laws of 1967 (chapter 39.34 RCW), as now or hereafter amended, join together with other agencies or political
subdivisions of the state or federal government and otherwise
share in the accomplishment of any of the purposes of
subsection (1) of this section:
PROVIDED, HOWEVER, That neither the failure of the
trustees to exercise any of its powers under this section nor
anything herein shall detract from the lawful and existing
powers and duties of political subdivisions of the state to
provide the necessary fire protection equipment and services
to persons and property within their jurisdiction. [1992 c
117 § 2; 1977 ex.s. c 169 § 69; 1970 ex.s. c 15 § 28.]
Findings—1992 c 117: See note following RCW 35.21.775.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
28B.40.195 Treasurer—Appointment, term, duties,
bonds. Each board of state college trustees shall appoint a
treasurer who shall be the financial officer of the board and
who shall hold office during the pleasure of the board. Each
treasurer shall render a true and faithful account of all
moneys received and paid out by him, and shall give bond
for the faithful performance of the duties of his office in
such amount as the trustees require: PROVIDED, That the
respective colleges shall pay the fees for any such bonds.
[1977 c 52 § 1.]
Regional universities—Designation: RCW 28B.35.010.
28B.40.196 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.80.280 and
28B.80.290.
28B.40.200 Bachelor degrees authorized. The
degree of bachelor of arts or the degree of bachelor of
science and/or the degree of bachelor of arts in education
may be granted to any student who has completed a fouryear course of study or the equivalent thereof in The
Evergreen State College. [1977 ex.s. c 169 § 70; 1969 ex.s.
c 223 § 28B.40.200. Prior: 1967 c 231 § 1; 1967 c 47 § 7;
1947 c 109 § 1; 1933 c 13 § 1; Rem. Supp. 1947 § 4618-1.
Formerly RCW 28.81.052; 28.81.050(16).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.206 Degrees through master’s degrees
authorized—Limitations—Honorary bachelor’s or
master’s degrees. In addition to all other powers and duties
given to them by law, the board of trustees of The Evergreen
State College is hereby authorized to grant any degree
through the master’s degree to any student who has completed a program of study and/or research in those areas which
are determined by the faculty and board of trustees of the
college to be appropriate for the granting of such degree:
PROVIDED, That any degree authorized under this section
[Title 28B RCW—page 129]
28B.40.206
Title 28B RCW: Higher Education
shall be subject to the review and approval of the higher
education coordinating board.
The board of trustees, upon recommendation of the
faculty, may also confer honorary bachelor’s or master’s
degrees upon persons other than graduates of the institution,
in recognition of their learning or devotion to education,
literature, art, or science. No degree may be conferred in
consideration of the payment of money or the donation of
any kind of property. [1991 c 58 § 3; 1985 c 370 § 85;
1979 ex.s. c 78 § 1.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1979 ex.s. c 78: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 78 § 4.]
28B.40.230 Certificates, diplomas—Signing—
Contents. Every diploma issued by The Evergreen State
College shall be signed by the chairman of the board of
trustees and by the president of the state college, and sealed
with the appropriate seal. In addition to the foregoing,
teaching certificates shall be countersigned by the state
superintendent of public instruction. Every certificate shall
specifically state what course of study the holder has
completed and for what length of time such certificate is
valid in the schools of the state. [1977 ex.s. c 169 § 72;
1969 ex.s. c 223 § 28B.40.230. Prior: 1917 c 128 § 4;
1909 c 97 p 254 § 9; RRS § 4615; prior: 1897 c 118 § 220;
1895 c 146 § 2; 1893 c 107 § 13. Formerly RCW
28.81.056; 28.81.050(15).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.300 Model schools and training departments—Purpose. A model school or schools or training
departments may be provided for The Evergreen State
College, in which students, before graduation, may have
actual practice in teaching or courses relative thereto under
the supervision and observation of critic teachers. All
schools or departments involved herewith shall organize and
direct their work being cognizant of public school needs.
[1977 ex.s. c 169 § 73; 1969 ex.s. c 223 § 28B.40.300.
Prior: 1917 c 128 § 2; 1909 c 97 p 253 § 8; RRS § 4611;
prior: 1897 c 118 § 219; 1893 c 107 § 12. Formerly RCW
28.81.058; 28.81.050(12).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.305 Model schools and training departments—Trustees to estimate number of pupils required.
The board of trustees of The Evergreen State College, if
having a model school or training department as authorized
by RCW 28B.40.300, shall, on or before the first Monday of
September of each year, file with the board of the school
district or districts in which such state college is situated, a
certified statement showing an estimate of the number of
public school pupils who will be required to make up such
model school and specifying the number required for each
grade for which training for students is required. [1977 ex.s.
c 169 § 74; 1969 ex.s. c 223 § 28B.40.305. Prior: 1907 c
[Title 28B RCW—page 130]
97 § 1; RRS § 4612. Formerly RCW 28.81.059;
28.81.050(13).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.310 Model schools and training departments—Requisitioning of pupils—President may refuse
admission. It shall thereupon be the duty of the board of
the school district or districts with which such statement has
been filed, to apportion for attendance to the said model
school or training department, a sufficient number of pupils
from the public schools under the supervision of said board
as will furnish to The Evergreen State College the number
of pupils required in order to maintain such facility:
PROVIDED, That the president of said state college may
refuse to accept any such pupil as in his judgment would
tend to reduce the efficiency of said model school or training
department. [1977 ex.s. c 169 § 75; 1969 ex.s. c 223 §
28B.40.310. Prior: 1907 c 97 § 2; RRS § 4613. Formerly
RCW 28.81.060.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.315 Model schools and training departments—Report of attendance. Annually, on or before the
date for reporting the school attendance of the school district
in which said model school or training department is
situated, for the purpose of taxation for the support of the
common schools, the board of trustees of The Evergreen
State College, since having supervision over the same, shall
file with the board of the school district or districts, in which
such model school or training department is situated, a report
showing the number of common school pupils at each such
model school or training department during the school year
last passed, and the period of their attendance in the same
form that reports of public schools are made. Any superintendent of the school district so affected shall, in reporting
the attendance in said school district, segregate the attendance at said model school or training department, from the
attendance in the other schools of said district: PROVIDED,
That attendance shall be credited, if credit be given therefor,
to the school district in which the pupil resides. [1977 ex.s.
c 169 § 76; 1969 ex.s. c 223 § 28B.40.315. Prior: 1917 c
128 § 3; 1907 c 97 § 3; RRS § 4614. Formerly RCW
28.81.061; 28.81.050(14).]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.320 High-technology education and training.
See chapter 28B.65 RCW.
28B.40.350 Suspension and expulsion. Any student
may be suspended or expelled from The Evergreen State
College who is found to be guilty of an infraction of the
regulations of the institution. [1977 ex.s. c 169 § 77; 1969
ex.s. c 223 § 28B.40.350. Prior: 1961 ex.s. c 13 § 2, part;
prior: (i) 1909 c 97 p 255 § 13; RRS § 4620. (ii) 1921 c
136 § 1, part; 1905 c 85 § 3, part; RRS § 4616, part.
Formerly RCW 28.81.070.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
(2002 Ed.)
The Evergreen State College
28B.40.360
RCW.
State college fees. See chapter 28B.15
28B.40.370 Disposition of building fees and normal
school fund revenues—Bond payments—Capital projects
accounts for construction, equipment, maintenance of
buildings, etc. See RCW 28B.35.370.
28B.40.390 Duties of president. The president of
The Evergreen State College shall have general supervision
of the college and see that all laws and rules of the board of
trustees are observed. [1977 ex.s. c 169 § 81; 1969 ex.s. c
223 § 28B.40.390. Prior: 1909 c 97 p 253 § 7; RRS §
4610; prior: 1897 c 118 § 218; 1893 c 107 § 7. Formerly
RCW 28.81.110.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
28B.40.500 Annuities and retirement income plans
for faculty members. See RCW 28B.10.400 through
28B.10.423.
28B.40.505 Tax deferred annuities for employees.
See RCW 28B.10.480.
FINANCING BUILDINGS AND FACILITIES—
1961 ACT
28B.40.700 Construction, remodeling, improvement,
financing, etc.—Authorized. See RCW 28B.35.700.
28B.40.710
Definitions. See RCW 28B.35.710.
28B.40.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. See RCW
28B.35.720.
28B.40.730 Bonds—Issuance, sale, form, term,
interest, etc.—Covenants—Deposit of proceeds. See RCW
28B.35.730.
28B.40.740 Disposition of building fees and normal
school fund revenues—Bond payments, etc. See RCW
28B.35.370.
28B.40.750 Funds payable into bond retirement
funds—Pledge of building fees. See RCW 28B.35.750.
28B.40.780 Bonds not general obligation—
Legislature may provide additional means of payment.
See RCW 28B.35.780.
28B.40.790 Other laws not repealed or limited. See
RCW 28B.35.790.
28B.40.795 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities and The Evergreen State College. See RCW
28B.10.300 through 28B.10.330.
28B.40.810 The Evergreen State College—
Established. There is hereby established in Thurston county
a state college, The Evergreen State College. [1969 ex.s. c
223 § 28B.40.810. Prior: 1967 c 47 § 2. Formerly RCW
28.81.610.]
Legislative declaration of purpose: See 1967 c 47 § 1.
Site selection and initial procedure to prepare college for reception of
students: See 1967 c 47 § 4.
28B.40.820 The Evergreen State College—
Trustees—Appointment—Terms. The terms of office and
date of commencement thereof of the five member board of
trustees of The Evergreen State College appointed by the
governor prior to August 1, 1967, shall be the same as
prescribed by law for trustees of state colleges under RCW
28B.40.100, as now or hereafter amended, except that initial
appointments shall be for terms as follows: One for two
years, one for three years, one for four years, one for five
years, and one for six years. [1969 ex.s. c 223 §
28B.40.820. Prior: 1967 c 47 § 3. Formerly RCW
28.81.620.]
28B.40.830 The Evergreen State College—Trustees,
powers and duties—Existing statutes as applicable to
college—Federal benefits and donations. The board of
trustees of The Evergreen State College shall have all the
powers and duties as are presently or may hereafter be
granted to existing state colleges by law. All statutes
pertaining to the existing state colleges shall have full force
and application to The Evergreen State College.
The Evergreen State College is hereby deemed entitled
to receive and share in all the benefits and donations made
and given to similar institutions by the enabling act or other
federal law to the same extent as other state colleges are
entitled to receive and share in such benefits and donations.
[1969 ex.s. c 223 § 28B.40.830. Prior: 1967 c 47 § 5.
Formerly RCW 28.81.630.]
28B.40.751 Disposition of certain normal school
fund revenues. See RCW 28B.35.751.
28B.40.760 Additional powers of board—Issuance
of bonds, investments, transfer of funds, etc. See RCW
28B.35.760.
28B.40.770 Refunding bonds. See RCW 28B.35.770.
(2002 Ed.)
28B.40.360
Chapter 28B.45
BRANCH CAMPUSES
Sections
28B.45.010
28B.45.020
28B.45.0201
28B.45.030
28B.45.040
28B.45.050
Legislative findings.
University of Washington—Central Puget Sound area.
Findings.
Washington State University—Tri-Cities area.
Washington State University—Southwest Washington area.
Washington State University and Eastern Washington University—Spokane area.
[Title 28B RCW—page 131]
Chapter 28B.45
Title 28B RCW: Higher Education
28B.45.060 Central Washington University—Yakima area.
28B.45.070 Authorization subject to legislative appropriation.
Branch campuses—Higher education coordinating board responsibilities:
RCW 28B.80.500 through 28B.80.520.
28B.45.010 Legislative findings. The legislature finds
that the benefits of higher education should be more widely
available to the citizens of the state of Washington. The
legislature also finds that a citizen’s place of residence can
restrict that citizen’s access to educational opportunity at the
upper division and graduate level.
Because most of the state-supported baccalaureate
universities are located in areas removed from major
metropolitan areas, the legislature finds that many of the
state’s citizens, especially those citizens residing in the
central Puget Sound area, the Tri-Cities, Spokane, Vancouver, and Yakima, have insufficient and inequitable access to
upper-division baccalaureate and graduate education.
This lack of sufficient educational opportunities in urban
areas makes it difficult or impossible for place-bound
individuals, who are unable to relocate, to complete a
baccalaureate or graduate degree. It also exacerbates the
difficulty financially needy students have in attending school,
since many of those students need to work, and work is not
always readily available in some communities where the
baccalaureate institutions of higher education are located.
The lack of sufficient educational opportunities in
metropolitan areas also affects the economy of the
underserved communities. Businesses benefit from access to
the research and teaching capabilities of institutions of higher
education. The absence of these institutions from some of
the state’s major urban centers prevents beneficial interaction
between businesses in these communities and the state’s
universities.
The Washington state master plan for higher education,
adopted by the higher education coordinating board, recognizes the need to expand upper-division and graduate
educational opportunities in the state’s large urban centers.
The board has also attempted to provide a means for helping
to meet future educational demand through a system of
branch campuses in the state’s major urban areas.
The legislature endorses the assignment of responsibility
to serve these urban centers that the board has made to
various institutions of higher education. The legislature also
endorses the creation of branch campuses for the University
of Washington and Washington State University.
The legislature recognizes that, among their other
responsibilities, the state’s comprehensive community
colleges share with the four-year universities and colleges
the responsibility of providing the first two years of a
baccalaureate education. It is the intent of the legislature
that the four-year institutions and the community colleges
work as cooperative partners to ensure the successful and
efficient operation of the state’s system of higher education.
The legislature further intends that the four-year institutions
work cooperatively with the community colleges to ensure
that branch campuses are operated as models of a two plus
two educational system. [1989 1st ex.s. c 7 § 1.]
28B.45.020 University of Washington—Central
Puget Sound area. The University of Washington is
responsible for ensuring the expansion of upper-division and
[Title 28B RCW—page 132]
graduate educational programs in the central Puget Sound
area under rules or guidelines adopted by the higher education coordinating board. The University of Washington shall
meet that responsibility through the operation of at least two
branch campuses. One branch campus shall be located in
the Tacoma area. Another branch campus shall be collocated with Cascadia Community College in the BothellWoodinville area. [1994 c 217 § 3; 1989 1st ex.s. c 7 § 3.]
Effective date—1994 c 217: See note following RCW 28B.45.0201.
28B.45.0201 Findings. The legislature finds that
population growth in north King and south Snohomish
counties has created a need to expand higher education and
work force training programs for the people living and
working in those areas. In keeping with the recommendations of the higher education coordinating board, the legislature intends to help address those education and training
needs through the creation of Cascadia Community College,
expansion of educational opportunities at Lake Washington
Technical College, and support of the University of
Washington’s branch campus at Bothell-Woodinville. It is
further the intention of the legislature, in keeping with the
higher education coordinating board recommendations, that
the Cascadia Community College and the University of
Washington branch campus be collocated, and that the new
community college and the University of Washington’s
branch campus work in partnership to ensure that properly
prepared students from community colleges and other
institutions are able to transfer smoothly to the branch
campus.
The legislature further finds that a governing board for
Cascadia Community College needs to be appointed and
confirmed as expeditiously as possible. The legislature
intends to work cooperatively with the governor to facilitate
the appointment and confirmation of trustees for the college.
[1994 c 217 § 1.]
Effective date—1994 c 217: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 1, 1994]." [1994 c 217 § 5.]
28B.45.030 Washington State University—Tri-Cities
area. Washington State University is responsible for
providing upper-division and graduate level higher education
programs to the citizens of the Tri-Cities area, under rules or
guidelines adopted by the higher education coordinating
board. Washington State University shall meet that responsibility through the operation of a branch campus in the TriCities area. The branch campus shall replace and supersede
the Tri-Cities university center. All land, facilities, equipment, and personnel of the Tri-Cities university center shall
be transferred from the University of Washington to Washington State University. [1989 1st ex.s. c 7 § 4.]
28B.45.040 Washington State University—
Southwest Washington area. Washington State University
is responsible for providing upper-division and graduate level
higher education programs to the citizens of the southwest
Washington area, under rules or guidelines adopted by the
higher education coordinating board. Washington State University shall meet that responsibility through the operation of
(2002 Ed.)
Branch Campuses
a branch campus in the southwest Washington area. [1989
1st ex.s. c 7 § 5.]
28B.45.050 Washington State University and
Eastern Washington University—Spokane area. Washington State University and Eastern Washington University
are responsible for providing upper-division and graduate
level programs to the citizens of the Spokane area, under
rules or guidelines adopted by the joint center for higher
education. However, before any degree is authorized under
this section it shall be subject to the review and approval of
the higher education coordinating board. Washington State
University shall meet its responsibility through the operation
of a branch campus in the Spokane area. Eastern Washington University shall meet its responsibility through the
operation of programs and facilities in Spokane. [1991 c
205 § 11; 1989 1st ex.s. c 7 § 6.]
28B.50.140
28B.50.1401
28B.50.1402
28B.50.1403
28B.50.1404
28B.50.1405
28B.50.1406
28B.50.141
28B.50.142
28B.50.143
28B.50.145
28B.50.150
28B.50.195
28B.50.196
28B.50.205
28B.50.215
28B.50.239
28B.50.242
28B.50.250
28B.45.060 Central Washington University—
Yakima area. Central Washington University is responsible
for providing upper-division and graduate level higher
education programs to the citizens of the Yakima area, under
rules or guidelines adopted by the higher education coordinating board. [1989 1st ex.s. c 7 § 7.]
28B.50.252
28B.45.070 Authorization subject to legislative
appropriation. Authorization for the programs, increases,
and facilities described in chapter 7, Laws of 1989 1st ex.
sess. is subject to legislative appropriation. [1989 1st ex.s.
c 7 § 14.]
28B.50.301
Chapter 28B.50
COMMUNITY AND TECHNICAL COLLEGES
(Formerly: Community colleges)
Sections
28B.50.010
28B.50.020
28B.50.030
28B.50.040
28B.50.050
28B.50.060
28B.50.070
28B.50.080
28B.50.085
28B.50.090
28B.50.091
28B.50.092
28B.50.093
28B.50.094
28B.50.095
28B.50.096
28B.50.097
28B.50.098
28B.50.100
28B.50.130
(2002 Ed.)
Short title.
Purpose.
Definitions.
College districts enumerated.
State board for community and technical colleges.
Director of the state system of community and technical
colleges—Appointment—Term—Qualifications—Salary
and travel expenses—Duties.
College board—Organization—Meetings—Quorum—
Biennial report—Fiscal year.
College board—Offices and office equipment, including
necessary expenses.
College board—Treasurer—Appointment, duties, bond—
Depository.
College board—Powers and duties.
Board to waive fees for students finishing their high school
education.
Program for military personnel—Restrictions as to high
school completion program.
Program for military personnel—Limitation.
Program for military personnel—Costs of funding.
Registration at more than one community and technical
college.
Cooperation with work force training and education coordinating board.
Electronic job bank.
Appointment of trustees for new college district.
Boards of trustees—Generally.
Boards of trustees—Bylaws, rules, and regulations—Chair
and vice-chair—Terms—Quorum.
28B.50.254
28B.50.256
28B.50.259
28B.50.302
28B.50.305
28B.50.306
28B.50.307
28B.50.310
28B.50.311
28B.50.312
28B.50.313
28B.50.320
28B.50.327
28B.50.328
28B.50.330
28B.50.340
28B.50.350
28B.50.360
28B.50.370
28B.45.040
Boards of trustees—Powers and duties.
Lake Washington Technical College board of trustees.
Renton Technical College board of trustees.
Bellingham Technical College board of trustees.
Bates Technical College board of trustees.
Clover Park Technical College board of trustees.
Cascadia Community College board of trustees.
Credits—Statewide transfer policy and agreement—
Establishment.
Treasurer of board—Duties—Bond.
Vendor payments, advances or reimbursements for.
Community or technical college faculty senate.
Out-of-district residence not to affect enrollment for state
resident.
Intercollegiate coaches—Minimum standards encouraged.
Intercollegiate coaches—Training to promote coaching
competence and techniques.
AIDS information—Community and technical colleges.
Overlapping service areas—Regional planning agreements.
High-technology education and training.
Video telecommunications programming.
Adult education programs in common school districts, limitations—Certain federal programs, administration.
Districts offering vocational educational programs—Local
advisory committees—Advice on current job needs.
Advisory council on adult education—Work force training
and education coordinating board to monitor.
Facilities shared by vocational-technical institute programs
and K-12 programs.
Program for dislocated forest products workers—Waiver
from tuition and fees.
Title to or all interest in real estate, choses in action and
assets obtained for vocational-technical institute purposes by school districts—Vest in or assigned to district
board—Exceptions.
Title to or all interest in real estate, choses in action and
assets obtained for vocational-technical institute purposes by school districts—Vest in or assigned to state board
for community and technical colleges—Exceptions.
Seattle Vocational Institute—Findings.
Seattle Vocational Institute—Mission—Advisory committee
to advise.
Seattle Vocational Institute—Funding.
Community college fees.
Community college fees—Waiver of tuition and fees for
long-term unemployed or underemployed persons—
Conditions—Rules.
Resident tuition for participants in community college international student exchange program.
Waiver of the nonresident portion of tuition and fees for
students of foreign nations.
Fees and other income—Deposit—Disbursement.
Collection of student tuition and fees—Seattle Vocational
Institute.
Waivers of tuition and fees—Scholarships—Employment of
instructional staff and faculty—Seattle Vocational Institute.
Construction, reconstruction, equipping, and demolition of
community and technical college facilities and acquisition of property—Financing by revenue bonds—Bid
procedure.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition of property—Financing by bonds secured by pledge
of building fees, grants.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition of property—Bonds—Requirements.
Construction, reconstruction, equipping, and demolition of
community and technical college facilities and acquisition of property—Community and technical college
capital projects account—Disposition of building fees.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition of property—Bonds—Sources for payment of prin[Title 28B RCW—page 133]
Chapter 28B.50
Title 28B RCW: Higher Education
cipal and interest on—Funds credited to bond retirement
fund—Pledge to collect building fees.
28B.50.380 Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—Bonds—Additional powers incident to bond authorization.
28B.50.390 Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—Refunding bonds—Authorized—Form, term, issuance, etc.—Exchange or sale.
28B.50.400 Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—Bonds as limited obligation bonds—Additional
means to pay principal and interest on.
28B.50.401 Transfer of moneys in community college bond retirement
fund to state general fund—Purpose.
28B.50.402 Transfer of moneys in community and technical college
bond retirement fund to state general fund—Exception.
28B.50.403 Refunding bonds—Authorized—Limitations.
28B.50.404 Refunding bonds—Issuance—Security.
28B.50.405 Refunding bonds—Community and technical college refunding bond retirement fund of 1974.
28B.50.406 Refunding bonds—Legislature may provide additional
means of payments.
28B.50.407 Refunding bonds—Bonds legal investment for public funds.
28B.50.409 Bonds—Committee advice and consent prerequisite to
issuance.
28B.50.410 Rehabilitation services for individuals with disabilities—
Definitions.
28B.50.420 Rehabilitation services for individuals with disabilities—
Powers and duties of state agency.
28B.50.430 Rehabilitation services for individuals with disabilities—
Acceptance of federal aid.
28B.50.440 Construction of chapter when part thereof in conflict with
federal requirements which are condition precedent to
allocation of federal funds.
28B.50.450 Cooperative agreements with state and local agencies.
28B.50.455 Vocational education of individuals with disabilities—
Procedures.
28B.50.460 Rehabilitation and job support services—Procedure—
Register of eligible individuals and organizations.
28B.50.465 Cost-of-living increases—Academic employees.
28B.50.468 Cost-of-living increases—Classified employees.
28B.50.482 Accumulated sick leave—Transferred employees of vocational-technical institutes.
28B.50.484 Health care service contracts—Transferred employees of
vocational-technical institutes.
28B.50.489 Part-time academic employees—State-mandated benefits—
Definitions.
28B.50.4891 Part-time academic employees—State-mandated benefits—
Reporting eligible employees.
28B.50.4892 Part-time academic employees—Best practices compensation and employment—Task force—Report.
28B.50.4893 Part-time academic employees—Sick leave.
28B.50.490 Fiscal management—Powers and duties of officers and
agencies.
28B.50.500 General provisions for institutions of higher education.
28B.50.510 State purchasing and material control, community college
purchases.
28B.50.520 Federal funds, receipt of authorized.
28B.50.522 Office for adult literacy.
28B.50.528 Contracts with adjacent college district for administrative
services.
28B.50.530 Agreements for use of services or facilities between district
boards of trustees and school boards.
28B.50.533 Contracts with common school districts for occupational
and academic programs for high school students—
Enrollment opportunities—Interlocal agreements.
28B.50.535 Community or technical college may issue high school
diploma or certificate, limitation.
28B.50.536 General educational development test—Rules—Issuance of
certificate of educational competence.
28B.50.551 Leave provisions generally.
28B.50.553 Attendance incentive program.
[Title 28B RCW—page 134]
28B.50.600
School district bonds—Redemption of by school district to
continue though facility under control of college district
board.
28B.50.601 School district bonds—Redemption—Facilities under administration of college district board.
28B.50.740 School district bonds—Those issued for community and
technical college facilities not considered indebtedness
under statutory limitations on.
28B.50.835 Exceptional faculty awards—Intent.
28B.50.8351 Exceptional faculty awards—"Foundation" defined.
28B.50.837 Exceptional faculty awards—Established—Community and
technical college faculty awards trust fund.
28B.50.839 Exceptional faculty awards—Guidelines—Matching
funds—Donations—Disbursements.
28B.50.841 Exceptional faculty awards—Name of award—Duties of
institution—Use of endowment proceeds.
28B.50.843 Exceptional faculty awards—Determination of award—
Collective bargaining.
28B.50.844 Exceptional faculty awards—Eligibility of foundation for
matching funds—Endowment fund management.
28B.50.850 Faculty tenure—Purpose.
28B.50.851 Faculty tenure—Definitions.
28B.50.852 Faculty tenure—Rules and regulations—Award of faculty
tenure—Maximum probationary period.
28B.50.855 Faculty tenure—Written agreement embodying terms of
employment furnished faculty.
28B.50.856 Faculty tenure—Evaluation of probationer by review committee—Progress report, acknowledgment of receipt—
Recommendation as to tenure.
28B.50.857 Faculty tenure—Decision not to renew probationary appointment, notice by appointing authority, when.
28B.50.859 Faculty tenure—Tenure retained upon reduced work load
assignment.
28B.50.860 Faculty tenure—Tenure retained upon administrative appointment.
28B.50.861 Faculty tenure—Dismissal only for sufficient cause.
28B.50.862 Faculty tenure—Certain grounds constituting sufficient
cause.
28B.50.863 Faculty tenure—Review prior to dismissal—Scope—
Recommendations of review committee.
28B.50.864 Faculty tenure—Appeal from decision for dismissal—
Procedure.
28B.50.867 Faculty tenure—Tenure rights upon transfer of employment
to another community or technical college.
28B.50.868 Faculty tenure—Faculty members currently employed
granted tenure.
28B.50.869 Faculty tenure—Review committees, composition—
Selection of faculty representatives, student representative.
28B.50.870 Faculty tenure—For certain educational programs operated
in state correctional institutions.
28B.50.872 Periodic posttenure evaluation.
28B.50.873 Reduction in force of tenured or probationary faculty members due to financial emergency—Conditions—
Procedure—Rights.
28B.50.874 Transfer of administration of vocational-technical institutes
to system of community and technical colleges—
Personnel rights.
28B.50.8742 Technical colleges—Employee option to reenroll in public
employees’ benefits trust.
28B.50.8744 Technical colleges—Payment to public employees’ and
retirees’ insurance account.
28B.50.875 Laboratory services for the analyzing of samples, public
agencies may contract with college for.
28B.50.877 Technical colleges—Purchase of support services from
school districts.
28B.50.880 Apprentices—Recommendations of the state board for community and technical colleges.
28B.50.910 Severability—1969 ex.s. c 223.
28B.50.912 Transfer of powers from superintendent of public instruction and state board of education to state board for
community and technical colleges.
28B.50.913 Transfer of powers from Washington institute for applied
technology to Seattle Vocational Institute.
28B.50.914 Transfer of powers from school districts to state board for
community and technical colleges.
(2002 Ed.)
Community and Technical Colleges
28B.50.915
Transfer of powers from superintendent of public instruction to state board for community and technical colleges.
28B.50.917 Effective dates—1991 c 238.
28B.50.918 Severability—1991 c 238.
Actions against educational boards—Defense—Costs—Payment of obligations from liability account: RCW 28B.10.840, 28B.10.842.
AIDS information: Chapter 70.24 RCW.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Community education programs: RCW 28A.620.020.
Department of social and health services (including division of vocational
rehabilitation): Chapter 43.20A RCW.
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Educational boards, insurance to protect and hold personally harmless:
RCW 28B.10.840, 28B.10.844.
Eye protection, public educational institutions: See RCW 70.100.010
through 70.100.040.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
1972 community college facilities aid—Bond issue: Chapter 28B.56 RCW.
1975 community college general capital projects bond, act: Chapter
28B.58 RCW.
1975 community college special capital projects bond act: Chapter 28B.57
RCW.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Report on postsecondary educational system to higher education coordinating board: RCW 28B.80.616.
28B.50.010 Short title. This chapter shall be known
as and may be cited as the community and technical college
act of 1991. [1991 c 238 § 20; 1969 ex.s. c 223 §
28B.50.010. Prior: 1967 ex.s. c 8 § 1. Formerly RCW
28.85.010.]
28B.50.020 Purpose. The purpose of this chapter is
to provide for the dramatically increasing number of students
requiring high standards of education either as a part of the
continuing higher education program or for occupational
education and training, or for adult basic skills and literacy
education, by creating a new, independent system of community and technical colleges which will:
(1) Offer an open door to every citizen, regardless of his
or her academic background or experience, at a cost normally within his or her economic means;
(2) Ensure that each college district shall offer thoroughly comprehensive educational, training and service programs
to meet the needs of both the communities and students
served by combining high standards of excellence in academic transfer courses; realistic and practical courses in
occupational education, both graded and ungraded; community services of an educational, cultural, and recreational
nature; and adult education, including basic skills and
general, family, and work force literacy programs and
services. However, college districts containing only technical colleges shall maintain programs solely for occupational
education, basic skills, and literacy purposes, and, for as long
as a need exists, may continue those programs, activities,
(2002 Ed.)
Chapter 28B.50
and services offered by the technical colleges during the
twelve-month period preceding September 1, 1991;
(3) Provide for basic skills and literacy education, and
occupational education and technical training at technical
colleges in order to prepare students for careers in a competitive work force;
(4) Provide or coordinate related and supplemental
instruction for apprentices at community and technical
colleges;
(5) Provide administration by state and local boards
which will avoid unnecessary duplication of facilities or
programs; and which will encourage efficiency in operation
and creativity and imagination in education, training and
service to meet the needs of the community and students;
(6) Allow for the growth, improvement, flexibility and
modification of the community colleges and their education,
training and service programs as future needs occur; and
(7) Establish firmly that community colleges are, for
purposes of academic training, two year institutions, and are
an independent, unique, and vital section of our state’s
higher education system, separate from both the common
school system and other institutions of higher learning, and
never to be considered for conversion into four-year liberal
arts colleges. [1991 c 238 § 21; 1969 ex.s. c 261 § 17; 1969
ex.s. c 223 § 28B.50.020. Prior: 1967 ex.s. c 8 § 2.]
Severability—1969 ex.s. c 261: "If any provision of this 1969
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1969 ex.s. c 261 § 37. Formerly
RCW 28.85.911.]
28B.50.030 Definitions. As used in this chapter,
unless the context requires otherwise, the term:
(1) "System" shall mean the state system of community
and technical colleges, which shall be a system of higher
education.
(2) "Board" shall mean the work force training and
education coordinating board.
(3) "College board" shall mean the state board for
community and technical colleges created by this chapter.
(4) "Director" shall mean the administrative director for
the state system of community and technical colleges.
(5) "District" shall mean any one of the community and
technical college districts created by this chapter.
(6) "Board of trustees" shall mean the local community
and technical college board of trustees established for each
college district within the state.
(7) "Occupational education" shall mean that education
or training that will prepare a student for employment that
does not require a baccalaureate degree.
(8) "K-12 system" shall mean the public school program
including kindergarten through the twelfth grade.
(9) "Common school board" shall mean a public school
district board of directors.
(10) "Community college" shall include those higher
education institutions that conduct education programs under
RCW 28B.50.020.
(11) "Technical college" shall include those higher
education institutions with the sole mission of conducting
occupational education, basic skills, literacy programs, and
offering on short notice, when appropriate, programs that
meet specific industry needs. The programs of technical
[Title 28B RCW—page 135]
28B.50.030
Title 28B RCW: Higher Education
colleges shall include, but not be limited to, continuous
enrollment, competency-based instruction, industry-experienced faculty, curriculum integrating vocational and basic
skills education, and curriculum approved by representatives
of employers and labor. For purposes of this chapter,
technical colleges shall include Lake Washington VocationalTechnical Institute, Renton Vocational-Technical Institute,
Bates Vocational-Technical Institute, Clover Park Vocational
Institute, and Bellingham Vocational-Technical Institute.
(12) "Adult education" shall mean all education or
instruction, including academic, vocational education or
training, basic skills and literacy training, and "occupational
education" provided by public educational institutions, including common school districts for persons who are
eighteen years of age and over or who hold a high school
diploma or certificate. However, "adult education" shall not
include academic education or instruction for persons under
twenty-one years of age who do not hold a high school
degree or diploma and who are attending a public high
school for the sole purpose of obtaining a high school
diploma or certificate, nor shall "adult education" include
education or instruction provided by any four year public
institution of higher education.
(13) "Dislocated forest product worker" shall mean a
forest products worker who: (a)(i) Has been terminated or
received notice of termination from employment and is
unlikely to return to employment in the individual’s principal
occupation or previous industry because of a diminishing
demand for his or her skills in that occupation or industry;
or (ii) is self-employed and has been displaced from his or
her business because of the diminishing demand for the
business’s services or goods; and (b) at the time of last
separation from employment, resided in or was employed in
a rural natural resources impact area.
(14) "Forest products worker" shall mean a worker in
the forest products industries affected by the reduction of
forest fiber enhancement, transportation, or production. The
workers included within this definition shall be determined
by the employment security department, but shall include
workers employed in the industries assigned the major group
standard industrial classification codes "24" and "26" and the
industries involved in the harvesting and management of
logs, transportation of logs and wood products, processing of
wood products, and the manufacturing and distribution of
wood processing and logging equipment. The commissioner
may adopt rules further interpreting these definitions. For
the purposes of this subsection, "standard industrial classification code" means the code identified in *RCW
50.29.025(6)(c).
(15) "Dislocated salmon fishing worker" means a finfish
products worker who: (a)(i) Has been terminated or received
notice of termination from employment and is unlikely to
return to employment in the individual’s principal occupation
or previous industry because of a diminishing demand for his
or her skills in that occupation or industry; or (ii) is selfemployed and has been displaced from his or her business
because of the diminishing demand for the business’s
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural
resources impact area.
(16) "Salmon fishing worker" means a worker in the
finfish industry affected by 1994 or future salmon disasters.
[Title 28B RCW—page 136]
The workers included within this definition shall be determined by the employment security department, but shall
include workers employed in the industries involved in the
commercial and recreational harvesting of finfish including
buying and processing finfish. The commissioner may adopt
rules further interpreting these definitions.
(17) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990
decennial census, that meets three of the five criteria set
forth in subsection (18) of this section;
(b) A nonmetropolitan county with a population of less
than forty thousand in the 1990 decennial census, that meets
two of the five criteria as set forth in subsection (18) of this
section; or
(c) A nonurbanized area, as defined by the 1990
decennial census, that is located in a metropolitan county
that meets three of the five criteria set forth in subsection
(18) of this section.
(18) For the purposes of designating rural natural
resources impact areas, the following criteria shall be
considered:
(a) A lumber and wood products employment location
quotient at or above the state average;
(b) A commercial salmon fishing employment location
quotient at or above the state average;
(c) Projected or actual direct lumber and wood products
job losses of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing
job losses of one hundred positions or more; and
(e) An unemployment rate twenty percent or more
above the state average. The counties that meet these
criteria shall be determined by the employment security
department for the most recent year for which data is
available. For the purposes of administration of programs
under this chapter, the United States post office five-digit zip
code delivery areas will be used to determine residence
status for eligibility purposes. For the purpose of this
definition, a zip code delivery area of which any part is ten
miles or more from an urbanized area is considered
nonurbanized. A zip code totally surrounded by zip codes
qualifying as nonurbanized under this definition is also
considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this
chapter. [1997 c 367 § 13; 1995 c 226 § 17; 1992 c 21 § 5.
Prior: 1991 c 315 § 15; 1991 c 238 § 22; 1985 c 461 § 14;
1982 1st ex.s. c 53 § 24; 1973 c 62 § 12; 1969 ex.s. c 261
§ 18; 1969 ex.s. c 223 § 28B.50.030; prior: 1967 ex.s. c 8
§ 3.]
*Reviser’s note: RCW 50.29.025 was amended by 2000 c 2 § 4,
changing subsection (6)(c) to subsection (6)(b).
Severability—Conflict with federal requirements—Effective date—
1997 c 367: See notes following RCW 43.160.020.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Intent—1991 c 315: "The legislature finds that:
(1) The economic health and well-being of timber-dependent
communities is of substantial public concern. The significant reduction in
annual timber harvest levels likely will result in reduced economic activity
and persistent unemployment and underemployment over time, which would
be a serious threat to the safety, health, and welfare of residents of the
timber impact areas, decreasing the value of private investments and
jeopardizing the sources of public revenue.
(2002 Ed.)
Community and Technical Colleges
(2) Timber impact areas are most often located in areas that are
experiencing little or no economic growth, creating an even greater risk to
the health, safety, and welfare of these communities. The ability to remedy
problems caused by the substantial reduction in harvest activity is beyond
the power and control of the regulatory process and influence of the state,
and the ordinary operations of private enterprise without additional
governmental assistance are insufficient to adequately remedy the resulting
problems of poverty and unemployment.
(3) To address these concerns, it is the intent of the legislature to
increase training and retraining services accessible to timber impact areas,
and provide for coordination of noneconomic development services in
timber impact areas as economic development efforts will not succeed
unless social, housing, health, and other needs are addressed." [1991 c 315
§ 1.]
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW
41.06.020.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
28B.50.040 College districts enumerated. The state
of Washington is hereby divided into thirty college districts
as follows:
(1) The first district shall encompass the counties of
Clallam and Jefferson;
(2) The second district shall encompass the counties of
Grays Harbor and Pacific;
(3) The third district shall encompass the counties of
Kitsap and Mason;
(4) The fourth district shall encompass the counties of
San Juan, Skagit and Island;
(5) The fifth district shall encompass Snohomish county
except for the Northshore common school district and that
portion encompassed by the twenty-third district created in
subsection (23) of this section: PROVIDED, That the fifth
district shall encompass the Everett Community College;
(6) The sixth district shall encompass the present
boundaries of the common school districts of Seattle and
Vashon Island, King county;
(7) The seventh district shall encompass the present
boundary of the common school district of Shoreline in King
county;
(8) The eighth district shall encompass the present
boundaries of the common school districts of Bellevue,
Issaquah, Mercer Island, Skykomish and Snoqualmie, King
county;
(9) The ninth district shall encompass the present
boundaries of the common school districts of Federal Way,
Highline and South Central, King county;
(10) The tenth district shall encompass the present
boundaries of the common school districts of Auburn, Black
Diamond, Renton, Enumclaw, Kent, Lester and Tahoma,
King county, and the King county portion of Puyallup
common school district No. 3;
(11) The eleventh district shall encompass all of Pierce
county, except for the present boundaries of the common
school districts of Tacoma and Peninsula;
(12) The twelfth district shall encompass Lewis county,
the Rochester common school district No. 401, the Tenino
common school district No. 402 of Thurston county, and the
(2002 Ed.)
28B.50.030
Thurston county portion of the Centralia common school
district No. 401;
(13) The thirteenth district shall encompass the counties
of Cowlitz, and Wahkiakum;
(14) The fourteenth district shall encompass the counties
of Clark, Skamania and that portion of Klickitat county not
included in the sixteenth district;
(15) The fifteenth district shall encompass the counties
of Chelan, Douglas and Okanogan;
(16) The sixteenth district shall encompass the counties
of Kittitas, Yakima, and that portion of Klickitat county
included in United States census divisions 1 through 4;
(17) The seventeenth district shall encompass the
counties of Ferry, Lincoln (except consolidated school
district 105-157-166J and the Lincoln county portion of common school district 167-202), Pend Oreille, Spokane, Stevens
and Whitman;
(18) The eighteenth district shall encompass the counties
of Adams and Grant, and that portion of Lincoln county
comprising consolidated school district 105-157-166J and
common school district 167-202;
(19) The nineteenth district shall encompass the counties
of Benton and Franklin;
(20) The twentieth district shall encompass the counties
of Asotin, Columbia, Garfield and Walla Walla;
(21) The twenty-first district shall encompass Whatcom
county;
(22) The twenty-second district shall encompass the
present boundaries of the common school districts of
Tacoma and Peninsula, Pierce county;
(23) The twenty-third district shall encompass that
portion of Snohomish county within such boundaries as the
state board for community and technical colleges shall
determine: PROVIDED, That the twenty-third district shall
encompass the Edmonds Community College;
(24) The twenty-fourth district shall encompass all of
Thurston county except the Rochester common school
district No. 401, the Tenino common school district No. 402,
and the Thurston county portion of the Centralia common
school district No. 401;
(25) The twenty-fifth district shall encompass all of
Whatcom county;
(26) The twenty-sixth district shall encompass the
Northshore, Lake Washington, Bellevue, Mercer Island,
Issaquah, Riverview, Snoqualmie Valley and Skykomish
school districts;
(27) The twenty-seventh district shall encompass the
Renton, Kent, Auburn, Tahoma, and Enumclaw school
districts and a portion of the Seattle school district described
as follows: Commencing at a point established by the intersection of the Duwamish river and the south boundary of the
Seattle Community College District (number six) and thence
north along the centerline of the Duwamish river to the west
waterway; thence north along the centerline of the west
waterway to Elliot Bay; thence along Elliot Bay to a line
established by the intersection of the extension of Denny
Way to Elliot Bay; thence east along the line established by
the centerline of Denny Way to Lake Washington; thence
south along the shoreline of Lake Washington to the south
line of the Seattle Community College District; and thence
west along the south line of the Seattle Community College
District to the point of beginning;
[Title 28B RCW—page 137]
28B.50.040
Title 28B RCW: Higher Education
(28) The twenty-eighth district shall encompass all of
Pierce county;
(29) The twenty-ninth district shall encompass all of
Pierce county; and
(30) The thirtieth district shall encompass the present
boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King
and Snohomish counties. [1994 c 217 § 2; 1991 c 238 § 23;
1988 c 77 § 1; 1981 c 72 § 1; 1973 1st ex.s. c 46 § 7; 1969
ex.s. c 223 § 28B.50.040. Prior: 1967 ex.s. c 8 § 4.
Formerly RCW 28.85.040.]
Effective date—1994 c 217: See note following RCW 28B.45.0201.
Findings—1994 c 217: See RCW 28B.45.0201.
Effective date—1988 c 77: "Section 2 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately. The remainder of this act shall take effect July 1,
1988." [1988 c 77 § 12.]
Severability—1988 c 77: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 77 § 11.]
District No. 23 Interlocal cooperation agreements by school
districts in Snohomish county authorized—1981 c 72: "Any school
district within Snohomish county may enter into interlocal cooperation
agreements with any community college located within Snohomish county
pursuant to the provisions of chapter 39.34 RCW." [1981 c 72 § 8.]
Savings—Provisions of existing collective bargaining agreement—
1981 c 72: "Nothing contained in this amendatory act shall be construed
to alter any provision of any existing collective bargaining agreement until
any such agreement has expired or been modified pursuant to chapter
28B.52 RCW." [1981 c 72 § 9.]
Savings—Generally—1981 c 72: "Nothing in this amendatory act
shall be construed to affect any existing rights, nor as affecting any actions,
activities, or proceedings validated prior to the effective date of this
amendatory act, nor as affecting any civil or criminal proceedings, nor any
rule, regulation, or order promulgated, nor any administrative action taken
prior to the effective date of this amendatory act, and the validity of any act
performed with respect to Edmonds Community College, or any officer or
employee thereof prior to the effective date of this amendatory act, is hereby
validated." [1981 c 72 § 10.]
Effective date of this amendatory act defined—1981 c 72: "The
phrase "the effective date of this amendatory act" as used in sections 3, 4,
6 and 10 of this amendatory act shall mean July 1, 1981: PROVIDED,
That nothing in this amendatory act shall prohibit any transfers mandated
in section 4 hereof nor the action contemplated in section 11 hereof prior
to such July 1, 1981." [1981 c 72 § 12.]
Severability—1981 c 72: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 72 § 13.]
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
28B.50.050 State board for community and technical colleges. There is hereby created the "state board for
community and technical colleges", to consist of nine members who represent the geographic diversity of the state, and
who shall be appointed by the governor, with the consent of
the senate. At least two members shall reside east of the
Cascade mountains. In making these appointments, the
governor shall attempt to provide geographic balance and
give consideration to representing labor, business, women,
and racial and ethnic minorities, among the membership of
the board. At least one member of the board shall be from
business and at least one member of the board shall be from
labor. The current members of the state board for communi[Title 28B RCW—page 138]
ty college education on September 1, 1991, shall serve on
the state board for community and technical colleges until
their terms expire. Successors to these members shall be
appointed according to the terms of this section. A ninth
member shall be appointed by September 1, 1991, for a
complete term.
The successors of the members initially appointed shall
be appointed for terms of four years except that a person
appointed to fill a vacancy occurring prior to the expiration
of any term shall be appointed only for the remainder of
such term. Each member shall serve until the appointment
and qualification of his or her successor. All members shall
be citizens and bona fide residents of the state.
Members of the college board shall be compensated in
accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses in accordance with RCW
43.03.050 and 43.03.060 for each day actually spent in
attending to the duties as a member of the college board.
The members of the college board may be removed by
the governor for inefficiency, neglect of duty, or malfeasance
in office, in the manner provided by RCW 28B.10.500.
[1991 c 238 § 30; 1988 c 76 § 1; 1984 c 287 § 64; 1982 1st
ex.s. c 30 § 9; 1975-’76 2nd ex.s. c 34 § 74; 1973 c 62 §
13; 1969 ex.s. c 261 § 19; 1969 ex.s. c 223 § 28B.50.050.
Prior: 1967 ex.s. c 8 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
Appointment of director of state system of community and technical
colleges, by: RCW 28B.50.060.
Bond issue for capital projects for community colleges, 1981, board duties:
RCW 28B.59D.010 through 28B.59D.070.
Displaced homemaker act, board participation: RCW 28B.04.080.
Employees of, appointment and employment of: RCW 28B.50.060.
Occupational forecast—Agency consultation: RCW 50.38.030.
Powers and duties: RCW 28B.50.090.
28B.50.060 Director of the state system of community and technical colleges—Appointment—Term—
Qualifications—Salary and travel expenses—Duties. A
director of the state system of community and technical
colleges shall be appointed by the college board and shall
serve at the pleasure of the college board. The director shall
be appointed with due regard to the applicant’s fitness and
background in education, and knowledge of and recent
practical experience in the field of educational administration
particularly in institutions beyond the high school level. The
college board may also take into consideration an applicant’s
proven management background even though not particularly
in the field of education.
The director shall devote his or her time to the duties of
his or her office and shall not have any direct pecuniary
interest in or any stock or bonds of any business connected
with or selling supplies to the field of education within this
state, in keeping with chapter 42.52 RCW.
The director shall receive a salary to be fixed by the
college board and shall be reimbursed for travel expenses
(2002 Ed.)
Community and Technical Colleges
incurred in the discharge of his or her official duties in
accordance with RCW 43.03.050 and 43.03.060.
The director shall be the executive officer of the college
board and serve as its secretary and under its supervision
shall administer the provisions of this chapter and the rules
and orders established thereunder and all other laws of the
state. The director shall attend, but not vote at, all meetings
of the college board. The director shall be in charge of
offices of the college board and responsible to the college
board for the preparation of reports and the collection and
dissemination of data and other public information relating
to the state system of community and technical colleges. At
the direction of the college board, the director shall, together
with the chairman of the college board, execute all contracts
entered into by the college board.
The director shall, with the approval of the college
board: (1) Employ necessary assistant directors of major
staff divisions who shall serve at the director’s pleasure on
such terms and conditions as the director determines, and (2)
subject to the provisions of chapter 41.06 RCW the director
shall, with the approval of the college board, appoint and
employ such field and office assistants, clerks and other
employees as may be required and authorized for the proper
discharge of the functions of the college board and for
whose services funds have been appropriated.
The board may, by written order filed in its office,
delegate to the director any of the powers and duties vested
in or imposed upon it by this chapter. Such delegated
powers and duties may be exercised by the director in the
name of the college board. [1994 c 154 § 306; 1991 c 238
§ 31; 1975-’76 2nd ex.s. c 34 § 75; 1973 1st ex.s. c 46 § 8;
1973 c 62 § 14; 1969 ex.s. c 261 § 20; 1969 ex.s. c 223 §
28B.50.060. Prior: 1967 ex.s. c 8 § 6.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—1973 1st ex.s. c 46: See note following RCW
28B.10.704.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
High-technology coordinating board, director or designee member of:
RCW 28B.65.040.
28B.50.070 College board—Organization—
Meetings—Quorum—Biennial report—Fiscal year. The
governor shall make the appointments to the college board.
The college board shall organize, adopt a seal, and
adopt bylaws for its administration, not inconsistent herewith, as it may deem expedient and may from time to time
amend such bylaws. Annually the board shall elect a
chairperson and vice chairperson; all to serve until their
successors are appointed and qualified. The college board
shall at its initial meeting fix a date and place for its regular
meeting. Five members shall constitute a quorum, and no
meeting shall be held with less than a quorum present, and
no action shall be taken by less than a majority of the
college board.
Special meetings may be called as provided by its rules
and regulations. Regular meetings shall be held at the
(2002 Ed.)
28B.50.060
college board’s established offices in Olympia, but whenever
the convenience of the public or of the parties may be
promoted, or delay or expenses may be prevented, it may
hold its meetings, hearings or proceedings at any other place
designated by it. Subject to RCW 40.07.040, the college
board shall transmit a report in writing to the governor
biennially which report shall contain such information as
may be requested by the governor. The fiscal year of the
college board shall conform to the fiscal year of the state.
[1987 c 505 § 15; 1986 c 130 § 1; 1977 c 75 § 26; 1973 c
62 § 15; 1969 ex.s. c 223 § 28B.50.070. Prior: 1967 ex.s.
c 8 § 7. Formerly RCW 28.85.070.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Fiscal year defined: RCW 43.88.020.
28B.50.080 College board—Offices and office
equipment, including necessary expenses. Suitable offices
and office equipment shall be provided by the state for the
college board in the city of Olympia, and the college board
may incur the necessary expense for office furniture,
stationery, printing, incidental expenses, and other expenses
necessary for the administration of this chapter. [1969 ex.s.
c 223 § 28B.50.080. Prior: 1967 ex.s. c 8 § 8. Formerly
RCW 28.85.080.]
28B.50.085 College board—Treasurer—
Appointment, duties, bond—Depository. The state board
for community and technical colleges shall appoint a
treasurer who shall be the financial officer of the board, who
shall make such vendor payments and salary payments for
the entire community and technical college system as
authorized by the state board, and who shall hold office
during the pleasure of the board. All moneys received by
the state board and not required to be deposited elsewhere,
shall be deposited in a depository selected by the board,
which moneys shall be subject to the budgetary and audit
provisions of law applicable to state agencies. The depository selected by the state board shall conform to the collateral
requirements required for the deposit of other state funds.
Disbursement shall be made by check signed by the treasurer. The treasurer shall render a true and faithful account of
all moneys received and paid out by him or her and shall
give bond for the faithful performance of the duties of his or
her office in such amount as the board requires: PROVIDED, That the board shall pay the fee for any such bonds.
[1991 c 238 § 32; 1981 c 246 § 4.]
Severability—1981 c 246: See note following RCW 28B.50.090.
28B.50.090 College board—Powers and duties. The
college board shall have general supervision and control over
the state system of community and technical colleges. In
addition to the other powers and duties imposed upon the
college board by this chapter, the college board shall be
charged with the following powers, duties and responsibilities:
(1) Review the budgets prepared by the boards of
trustees, prepare a single budget for the support of the state
system of community and technical colleges and adult
education, and submit this budget to the governor as provided in RCW 43.88.090;
[Title 28B RCW—page 139]
28B.50.090
Title 28B RCW: Higher Education
(2) Establish guidelines for the disbursement of funds;
and receive and disburse such funds for adult education and
maintenance and operation and capital support of the college
districts in conformance with the state and district budgets,
and in conformance with chapter 43.88 RCW;
(3) Ensure, through the full use of its authority:
(a) That each college district shall offer thoroughly
comprehensive educational, training and service programs to
meet the needs of both the communities and students served
by combining high standards of excellence in academic
transfer courses; realistic and practical courses in occupational education, both graded and ungraded; and community
services of an educational, cultural, and recreational nature;
and adult education, including basic skills and general,
family, and work force literacy programs and services.
However, technical colleges, and college districts containing
only technical colleges, shall maintain programs solely for
occupational education, basic skills, and literacy purposes.
For as long as a need exists, technical colleges may continue
those programs, activities, and services they offered during
the twelve-month period preceding May 17, 1991;
(b) That each college district shall maintain an opendoor policy, to the end that no student will be denied
admission because of the location of the student’s residence
or because of the student’s educational background or
ability; that, insofar as is practical in the judgment of the
college board, curriculum offerings will be provided to meet
the educational and training needs of the community generally and the students thereof; and that all students, regardless
of their differing courses of study, will be considered, known
and recognized equally as members of the student body:
PROVIDED, That the administrative officers of a community or technical college may deny admission to a prospective
student or attendance to an enrolled student if, in their judgment, the student would not be competent to profit from the
curriculum offerings of the college, or would, by his or her
presence or conduct, create a disruptive atmosphere within
the college not consistent with the purposes of the institution.
This subsection (b) shall not apply to competency, conduct,
or presence associated with a disability in a person twentyone years of age or younger attending a technical college;
(4) Prepare a comprehensive master plan for the
development of community and technical college education
and training in the state; and assist the office of financial
management in the preparation of enrollment projections to
support plans for providing adequate college facilities in all
areas of the state;
(5) Define and administer criteria and guidelines for the
establishment of new community and technical colleges or
campuses within the existing districts;
(6) Establish criteria and procedures for modifying
district boundary lines consistent with the purposes set forth
in RCW 28B.50.020 as now or hereafter amended and in
accordance therewith make such changes as it deems advisable;
(7) Establish minimum standards to govern the operation
of the community and technical colleges with respect to:
(a) Qualifications and credentials of instructional and
key administrative personnel, except as otherwise provided
in the state plan for vocational education,
[Title 28B RCW—page 140]
(b) Internal budgeting, accounting, auditing, and
financial procedures as necessary to supplement the general
requirements prescribed pursuant to chapter 43.88 RCW,
(c) The content of the curriculums and other educational
and training programs, and the requirement for degrees and
certificates awarded by the colleges,
(d) Standard admission policies,
(e) Eligibility of courses to receive state fund support;
(8) Establish and administer criteria and procedures for
all capital construction including the establishment, installation, and expansion of facilities within the various college
districts;
(9) Encourage innovation in the development of new
educational and training programs and instructional methods;
coordinate research efforts to this end; and disseminate the
findings thereof;
(10) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter;
(11) Authorize the various community and technical
colleges to offer programs and courses in other districts
when it determines that such action is consistent with the
purposes set forth in RCW 28B.50.020 as now or hereafter
amended;
(12) Notwithstanding any other law or statute regarding
the sale of state property, sell or exchange and convey any
or all interest in any community and technical college real
and personal property, except such property as is received by
a college district in accordance with RCW 28B.50.140(8),
when it determines that such property is surplus or that such
a sale or exchange is in the best interests of the community
and technical college system;
(13) In order that the treasurer for the state board for
community and technical colleges appointed in accordance
with RCW 28B.50.085 may make vendor payments, the state
treasurer will honor warrants drawn by the state board
providing for an initial advance on July 1, 1982, of the
current biennium and on July 1 of each succeeding biennium
from the state general fund in an amount equal to twentyfour percent of the average monthly allotment for such
budgeted biennium expenditures for the state board for
community and technical colleges as certified by the office
of financial management; and at the conclusion of such initial month and for each succeeding month of any biennium,
the state treasurer will reimburse expenditures incurred and
reported monthly by the state board treasurer in accordance
with chapter 43.88 RCW: PROVIDED, That the reimbursement to the state board for actual expenditures incurred in
the final month of each biennium shall be less the initial
advance made in such biennium;
(14) Notwithstanding the provisions of subsection (12)
of this section, may receive such gifts, grants, conveyances,
devises, and bequests of real or personal property from
private sources as may be made from time to time, in trust
or otherwise, whenever the terms and conditions thereof will
aid in carrying out the community and technical college
programs and may sell, lease or exchange, invest or expend
the same or the proceeds, rents, profits and income thereof
according to the terms and conditions thereof; and adopt
regulations to govern the receipt and expenditure of the
proceeds, rents, profits and income thereof;
(15) The college board shall have the power of eminent
domain;
(2002 Ed.)
Community and Technical Colleges
(16) Provide general supervision over the state’s
technical colleges. The president of each technical college
shall report directly to the director of the state board for
community and technical colleges, or the director’s designee,
until local control is assumed by a new or existing board of
trustees as appropriate, except that a college president shall
have authority over program decisions of his or her college
until the establishment of a board of trustees for that college.
The directors of the vocational-technical institutes on March
1, 1991, shall be designated as the presidents of the new
technical colleges. [1991 c 238 § 33; 1982 c 50 § 1; 1981
c 246 § 2; 1979 c 151 § 20; 1977 ex.s. c 282 § 4; 1973 c 62
§ 16; 1969 ex.s. c 261 § 21; 1969 ex.s. c 223 § 28B.50.090.
Prior: 1967 ex.s. c 8 § 9.]
Severability—1981 c 246: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1981 c 246 § 6.]
Severability—1977 ex.s. c 282: See note following RCW
28B.50.870.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
Construction, reconstruction, equipping facilities—Financing: RCW
28B.50.340.
Development of budget: RCW 43.88.090.
Eminent domain: Title 8 RCW.
State budgeting, accounting, and reporting system: Chapter 43.88 RCW.
28B.50.091 Board to waive fees for students finishing their high school education. See RCW 28B.15.520.
28B.50.092 Program for military personnel—
Restrictions as to high school completion program. The
state board for community and technical colleges may
authorize any board of trustees to do all things necessary to
conduct an education, training, and service program authorized by chapter 28B.50 RCW, as now or hereafter amended,
for United States military personnel and their dependents,
and department of defense civilians and their dependents, at
any geographical location: PROVIDED, That such programs
shall be limited to those colleges which conducted programs
for United States military personnel prior to January 1, 1977:
PROVIDED FURTHER, That any high school completion
program conducted pursuant to this section shall comply
with standards set forth in rules and regulations promulgated
by the superintendent of public instruction and the state
board of education: AND PROVIDED FURTHER, That the
superintendent of public instruction shall issue the certificate
or diploma in recognition of high school completion education provided pursuant to this section. [1991 c 238 § 34;
1977 ex.s. c 131 § 1; 1973 c 105 § 1.]
28B.50.093 Program for military personnel—
Limitation. Prior to the state board granting authorization
for any programs authorized under RCW 28B.50.092, the
state board shall determine that such authorization will not
deter from the primary functions of the community and
technical college system within the state of Washington as
prescribed by chapter 28B.50 RCW. [1991 c 238 § 35; 1973
c 105 § 2.]
(2002 Ed.)
28B.50.090
28B.50.094 Program for military personnel—Costs
of funding. The costs of funding programs authorized by
RCW 28B.50.092 through 28B.50.094 shall ultimately be
borne by grants or fees derived from nonstate treasury
sources. [1973 c 105 § 3.]
28B.50.095 Registration at more than one community and technical college. In addition to other powers and
duties, the college board may issue rules and regulations
permitting a student to register at more than one community
and technical college, provided that such student shall pay
tuition and fees as if the student were registered at a single
college, but not to exceed tuition and fees charged a fulltime student as established under chapter 28B.15 RCW.
[1995 1st sp.s. c 9 § 11; 1991 c 238 § 36; 1983 c 3 § 40;
1973 c 129 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
28B.50.096 Cooperation with work force training
and education coordinating board. The college board
shall cooperate with the work force training and education
coordinating board in the conduct of the board’s responsibilities under RCW 28C.18.060 and shall provide information
and data in a format that is accessible to the board. [1991
c 238 § 79.]
28B.50.097 Electronic job bank. (1) The college
board shall create an electronic job bank on its web site to
act as a clearinghouse for people seeking academic teaching
positions at the state’s community and technical colleges.
The job bank must be accessible on the internet. Use of the
electronic job bank is not mandatory.
(2) The college board shall include a separate section on
its electronic job bank reserved for the exclusive listing of
part-time academic employment opportunities at state
community and technical colleges.
(3) The separate section of the electronic job bank under
subsection (2) of this section must, at a minimum, include an
internet link to each of the following components, if available from the community or technical college offering the
employment opportunity:
(a) A description of the open position;
(b) A listing of required skills and experience necessary
for the position; and
(c) The district where the employment opening exists.
(4) The college board shall develop a strategy to
promote its electronic job bank to prospective candidates.
[2001 c 110 § 1.]
28B.50.098 Appointment of trustees for new college
district. In the event a new college district is created, the
governor shall appoint new trustees to the district’s board of
trustees in accordance with RCW 28B.50.100. [1991 c 238
§ 134.]
28B.50.100 Boards of trustees—Generally. There is
hereby created a board of trustees for each college district as
set forth in this chapter. Each board of trustees shall be
composed of five trustees, who shall be appointed by the
governor for terms commencing October 1st of the year in
[Title 28B RCW—page 141]
28B.50.100
Title 28B RCW: Higher Education
which appointed. In making such appointments the governor
shall give consideration to geographical diversity, and
representing labor, business, women, and racial and ethnic
minorities, in the membership of the boards of trustees. The
boards of trustees for districts containing technical colleges
shall include at least one member from business and one
member from labor.
The successors of the trustees initially appointed shall
be appointed by the governor to serve for a term of five
years except that any person appointed to fill a vacancy
occurring prior to the expiration of any term shall be
appointed only for the remainder of the term. Each member
shall serve until a successor is appointed and qualified.
Every trustee shall be a resident and qualified elector of
the college district. No trustee may be an employee of the
community and technical college system, a member of the
board of directors of any school district, or a member of the
governing board of any public or private educational
institution.
Each board of trustees shall organize itself by electing
a chairman from its members. The board shall adopt a seal
and may adopt such bylaws, rules and regulations as it
deems necessary for its own government. Three members of
the board shall constitute a quorum, but a lesser number may
adjourn from time to time and may compel the attendance of
absent members in such manner as prescribed in its bylaws,
rules, or regulations. The district president, or if there be
none, the president of the college, shall serve as, or may
designate another person to serve as, the secretary of the
board, who shall not be deemed to be a member of the
board.
Members of the boards of trustees may be removed for
misconduct or malfeasance in office in the manner provided
by RCW 28B.10.500. [1991 c 238 § 37; 1987 c 330 § 1001;
1983 c 224 § 1; 1979 ex.s. c 103 § 1; 1977 ex.s. c 282 § 2;
1973 c 62 § 17; 1969 ex.s. c 261 § 22; 1969 ex.s. c 223 §
28B.50.100. Prior: 1967 ex.s. c 8 § 10.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1979 ex.s. c 103: See note following RCW
28B.20.100.
Severability—1977 ex.s. c 282: See note following RCW
28B.50.870.
Effective date—1977 ex.s. c 282 §§ 2, 3: "Sections 2 and 3 of this
1977 amendatory act shall not take effect until January 1, 1978." [1977
ex.s. c 282 § 9.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
Chief executive officer as secretary of board: RCW 28B.50.130.
28B.50.130 Boards of trustees—Bylaws, rules, and
regulations—Chair and vice-chair—Terms—Quorum.
Within thirty days of their appointment the various district
boards of trustees shall organize, adopt bylaws for its own
government, and make such rules and regulations not
inconsistent with this chapter as they deem necessary. At
such organizational meeting it shall elect from among its
members a chair and vice-chair, each to serve for one year,
and annually thereafter shall elect such officers to serve until
their successors are appointed or qualified. The chief
[Title 28B RCW—page 142]
executive officer of the college district, or designee, shall
serve as secretary of the board. Three trustees shall constitute a quorum, and no action shall be taken by less than
a majority of the trustees of the board. The district boards
shall transmit such reports to the college board as may be
requested by the college board. The fiscal year of the
district boards shall conform to the fiscal year of the state.
[1991 c 238 § 38; 1977 c 75 § 27; 1973 c 62 § 18; 1969
ex.s. c 223 § 28B.50.130. Prior: 1967 ex.s. c 8 § 13.
Formerly RCW 28.85.130.]
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
District president or president of college as secretary of board: RCW
28B.50.100.
Fiscal year defined: RCW 43.88.020.
28B.50.140 Boards of trustees—Powers and duties.
Each board of trustees:
(1) Shall operate all existing community and technical
colleges in its district;
(2) Shall create comprehensive programs of community
and technical college education and training and maintain an
open-door policy in accordance with the provisions of RCW
28B.50.090(3). However, technical colleges, and college districts containing only technical colleges, shall maintain
programs solely for occupational education, basic skills, and
literacy purposes. For as long as a need exists, technical
colleges may continue those programs, activities, and
services they offered during the twelve-month period
preceding September 1, 1991;
(3) Shall employ for a period to be fixed by the board
a college president for each community and technical college
and, may appoint a president for the district, and fix their
duties and compensation, which may include elements other
than salary. Compensation under this subsection shall not
affect but may supplement retirement, health care, and other
benefits that are otherwise applicable to the presidents as
state employees. The board shall also employ for a period
to be fixed by the board members of the faculty and such
other administrative officers and other employees as may be
necessary or appropriate and fix their salaries and duties.
Compensation and salary increases under this subsection
shall not exceed the amount or percentage established for
those purposes in the state appropriations act by the legislature as allocated to the board of trustees by the state board
for community and technical colleges. The state board for
community and technical colleges shall adopt rules defining
the permissible elements of compensation under this subsection;
(4) May establish, under the approval and direction of
the college board, new facilities as community needs and
interests demand. However, the authority of boards of
trustees to purchase or lease major off-campus facilities shall
be subject to the approval of the higher education coordinating board pursuant to RCW 28B.80.340(5);
(5) May establish or lease, operate, equip and maintain
dormitories, food service facilities, bookstores and other selfsupporting facilities connected with the operation of the
community and technical college;
(6) May, with the approval of the college board, borrow
money and issue and sell revenue bonds or other evidences
of indebtedness for the construction, reconstruction, erection,
(2002 Ed.)
Community and Technical Colleges
equipping with permanent fixtures, demolition and major
alteration of buildings or other capital assets, and the
acquisition of sites, rights-of-way, easements, improvements
or appurtenances, for dormitories, food service facilities, and
other self-supporting facilities connected with the operation
of the community and technical college in accordance with
the provisions of RCW 28B.10.300 through 28B.10.330
where applicable;
(7) May establish fees and charges for the facilities
authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the
rules and regulations of the college board; each board of
trustees operating a community and technical college may
enter into agreements, subject to rules and regulations of the
college board, with owners of facilities to be used for
housing regarding the management, operation, and government of such facilities, and any board entering into such an
agreement may:
(a) Make rules and regulations for the government,
management and operation of such housing facilities deemed
necessary or advisable; and
(b) Employ necessary employees to govern, manage and
operate the same;
(8) May receive such gifts, grants, conveyances, devises
and bequests of real or personal property from private
sources, as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will
aid in carrying out the community and technical college
programs as specified by law and the regulations of the state
college board; sell, lease or exchange, invest or expend the
same or the proceeds, rents, profits and income thereof
according to the terms and conditions thereof; and adopt
regulations to govern the receipt and expenditure of the
proceeds, rents, profits and income thereof;
(9) May establish and maintain night schools whenever
in the discretion of the board of trustees it is deemed
advisable, and authorize classrooms and other facilities to be
used for summer or night schools, or for public meetings and
for any other uses consistent with the use of such classrooms
or facilities for community and technical college purposes;
(10) May make rules and regulations for pedestrian and
vehicular traffic on property owned, operated, or maintained
by the district;
(11) Shall prescribe, with the assistance of the faculty,
the course of study in the various departments of the
community and technical college or colleges under its
control, and publish such catalogues and bulletins as may
become necessary;
(12) May grant to every student, upon graduation or
completion of a course of study, a suitable diploma,
nonbaccalaureate degree or certificate. Technical colleges
shall offer only nonbaccalaureate technical degrees under the
rules of the state board for community and technical colleges
that are appropriate to their work force education and
training mission. The primary purpose of this degree is to
lead the individual directly to employment in a specific
occupation. Technical colleges may not offer transfer
degrees. The board, upon recommendation of the faculty,
may also confer honorary associate of arts degrees upon
persons other than graduates of the community college, in
recognition of their learning or devotion to education,
literature, art, or science. No degree may be conferred in
(2002 Ed.)
28B.50.140
consideration of the payment of money or the donation of
any kind of property;
(13) Shall enforce the rules and regulations prescribed
by the state board for community and technical colleges for
the government of community and technical colleges,
students and teachers, and promulgate such rules and regulations and perform all other acts not inconsistent with law or
rules and regulations of the state board for community and
technical colleges as the board of trustees may in its discretion deem necessary or appropriate to the administration of
college districts: PROVIDED, That such rules and regulations shall include, but not be limited to, rules and regulations relating to housing, scholarships, conduct at the various
community and technical college facilities, and discipline:
PROVIDED, FURTHER, That the board of trustees may
suspend or expel from community and technical colleges
students who refuse to obey any of the duly promulgated
rules and regulations;
(14) May, by written order filed in its office, delegate
to the president or district president any of the powers and
duties vested in or imposed upon it by this chapter. Such
delegated powers and duties may be exercised in the name
of the district board;
(15) May perform such other activities consistent with
this chapter and not in conflict with the directives of the
college board;
(16) Notwithstanding any other provision of law, may
offer educational services on a contractual basis other than
the tuition and fee basis set forth in chapter 28B.15 RCW
for a special fee to private or governmental entities, consistent with rules and regulations adopted by the state board for
community and technical colleges: PROVIDED, That the
whole of such special fee shall go to the college district and
be not less than the full instructional costs of such services
including any salary increases authorized by the legislature
for community and technical college employees during the
term of the agreement: PROVIDED FURTHER, That
enrollments generated hereunder shall not be counted toward
the official enrollment level of the college district for state
funding purposes;
(17) Notwithstanding any other provision of law, may
offer educational services on a contractual basis, charging
tuition and fees as set forth in chapter 28B.15 RCW,
counting such enrollments for state funding purposes, and
may additionally charge a special supplemental fee when
necessary to cover the full instructional costs of such
services: PROVIDED, That such contracts shall be subject
to review by the state board for community and technical
colleges and to such rules as the state board may adopt for
that purpose in order to assure that the sum of the supplemental fee and the normal state funding shall not exceed the
projected total cost of offering the educational service:
PROVIDED FURTHER, That enrollments generated by
courses offered on the basis of contracts requiring payment
of a share of the normal costs of the course will be discounted to the percentage provided by the college;
(18) Shall be authorized to pay dues to any association
of trustees that may be formed by the various boards of
trustees; such association may expend any or all of such
funds to submit biennially, or more often if necessary, to the
governor and to the legislature, the recommendations of the
[Title 28B RCW—page 143]
28B.50.140
Title 28B RCW: Higher Education
association regarding changes which would affect the
efficiency of such association;
(19) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.80.340(4), may
participate in higher education centers and consortia that
involve any four-year public or independent college or
university; and
(20) Shall perform any other duties and responsibilities
imposed by law or rule and regulation of the state board.
[1997 c 281 § 1. Prior: 1991 c 238 § 39; 1991 c 58 § 1;
1990 c 135 § 1; prior: 1987 c 407 § 1; 1987 c 314 § 14;
1985 c 370 § 96; 1981 c 246 § 3; 1979 ex.s. c 226 § 11;
1979 c 14 § 6; prior: 1977 ex.s. c 282 § 5; 1977 c 75 § 28;
1973 c 62 § 19; 1970 ex.s. c 15 § 17; prior: 1969 ex.s. c
283 § 30; 1969 ex.s. c 261 § 23; 1969 ex.s. c 223 §
28B.50.140; prior: 1967 ex.s. c 8 § 14.]
28B.50.1405 Clover Park Technical College board
of trustees. There is hereby created a new board of trustees
for district twenty-nine and Clover Park Vocational-Technical Institute, hereafter known as Clover Park Technical
College. The members of the board shall be appointed
pursuant to the provisions of RCW 28B.50.100. [1991 c 238
§ 28.]
Severability—1987 c 314: See RCW 28B.52.900.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1981 c 246: See note following RCW 28B.50.090.
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
Severability—1977 ex.s. c 282: See note following RCW
28B.50.870.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
28B.50.141 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.80.280 and
28B.80.290.
28B.50.1401 Lake Washington Technical College
board of trustees. There is hereby created a board of
trustees for district twenty-six and Lake Washington Vocational-Technical Institute, hereafter known as Lake Washington Technical College. The members of the board shall be
appointed pursuant to the provisions of RCW 28B.50.100.
[1991 c 238 § 24.]
Effective date—Severability—1977 ex.s. c 331: See notes following
RCW 28B.15.031.
28B.50.1402 Renton Technical College board of
trustees. There is hereby created a board of trustees for
district twenty-seven and Renton Vocational-Technical Institute, hereafter known as Renton Technical College. The
members of the board shall be appointed pursuant to the
provisions of RCW 28B.50.100. [1991 c 238 § 25.]
28B.50.1403 Bellingham Technical College board of
trustees. There is hereby created a board of trustees for
district twenty-five and Bellingham Vocational-Technical
Institute, hereafter known as Bellingham Technical College.
The members of the board shall be appointed pursuant to the
provisions of RCW 28B.50.100. [1991 c 238 § 26.]
28B.50.1404 Bates Technical College board of
trustees. There is hereby created a new board of trustees
for district twenty-eight and Bates Vocational-Technical
Institute, hereafter known as Bates Technical College. The
members of the board shall be appointed pursuant to the
provisions of RCW 28B.50.100. [1991 c 238 § 27.]
[Title 28B RCW—page 144]
28B.50.1406 Cascadia Community College board of
trustees. There is hereby created a board of trustees for
district thirty and Cascadia Community College. The
members of the board shall be appointed pursuant to the
provisions of RCW 28B.50.100. [1994 c 217 § 4.]
Effective date—1994 c 217: See note following RCW 28B.45.0201.
Findings—1994 c 217: See RCW 28B.45.0201.
28B.50.142 Treasurer of board—Duties—Bond.
Each board of trustees shall appoint a treasurer who shall be
the financial officer of the board and who shall hold office
during the pleasure of the board. Each treasurer shall render
a true and faithful account of all moneys received and paid
out by him or her, comply with the provisions of RCW
28B.50.143, and shall give bond for the faithful performance
of the duties of his or her office in such amount as the
trustees require: PROVIDED, That the respective community and technical colleges shall pay the fees for any such
bonds. [1991 c 238 § 40; 1977 ex.s. c 331 § 1.]
28B.50.143 Vendor payments, advances or reimbursements for. In order that each college treasurer
appointed in accordance with RCW 28B.50.142 may make
vendor payments, the state treasurer will honor warrants
drawn by each community and technical college providing
for one initial advance on July 1 of each succeeding biennium from the state general fund in an amount equal to
seventeen percent of each institution’s average monthly allotment for such budgeted biennium expenditures as certified
by the office of financial management, and at the conclusion
of each such initial month, and for each succeeding month
of any biennium, the state treasurer will reimburse each
institution for each expenditure incurred and reported
monthly by each college treasurer in accordance with chapter
43.83 RCW: PROVIDED, That the reimbursement to each
institution for actual expenditures incurred in the final month
of each biennium shall be less the initial advance. [1991 c
238 § 41; 1985 c 180 § 1; 1979 c 151 § 21; 1977 ex.s. c
331 § 2.]
Effective date—Severability—1977 ex.s. c 331: See notes following
RCW 28B.15.031.
28B.50.145 Community or technical college faculty
senate. The boards of trustees of the various college
districts may create at each community or technical college
(2002 Ed.)
Community and Technical Colleges
under their control a faculty senate or similar organization to
be selected by periodic vote of the respective faculties
thereof. [1991 c 238 § 42; 1969 ex.s. c 283 § 51. Formerly
RCW 28.85.145.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.150 Out-of-district residence not to affect
enrollment for state resident. Any resident of the state
may enroll in any program or course maintained or conducted by a college district upon the same terms and conditions
regardless of the district of his or her residence. [1991 c
238 § 43; 1969 ex.s. c 223 § 28B.50.150. Prior: 1967 ex.s.
c 8 § 15. Formerly RCW 28.85.150.]
28B.50.195 Intercollegiate coaches—Minimum
standards encouraged. The state board for community and
technical colleges in consultation with the Northwest athletic
association of community colleges and other interested parties shall encourage community colleges to ensure that
intercollegiate coaches meet the following minimum standards:
(1) Verification of up-to-date certification in first aid
and cardiopulmonary resuscitation;
(2) Maintaining knowledge of Northwest athletic
association of community colleges codes, rules, and institutional policy; and
(3) Encouragement of coaches to participate in appropriate in-service training and activities. [1993 c 94 § 2.]
Policy—1993 c 94: "The legislature supports the establishment of
minimum standards for intercollegiate coaches and a process to ensure the
safety and appropriate skill development of student athletes." [1993 c 94
§ 1.]
28B.50.196 Intercollegiate coaches—Training to
promote coaching competence and techniques. The
community and technical colleges are encouraged to provide
training to promote development of coaching competence
and to enhance the coaching techniques of intercollegiate
coaches. The community and technical colleges may offer
this educational service to coaches in the community and
technical colleges, common schools, amateur teams, youth
groups, and community sports groups. The community and
technical colleges may provide this educational service
through curriculum courses, workshops, or in-service
training. [1993 c 94 § 3.]
Policy—1993 c 94: See note following RCW 28B.50.195.
28B.50.205 AIDS information—Community and
technical colleges. The state board for community and
technical colleges shall make information available to all
newly matriculated students on methods of transmission of
the human immunodeficiency virus and prevention of
acquired immunodeficiency syndrome. The curricula and
materials shall be reviewed for medical accuracy by the
office on AIDS in coordination with the appropriate regional
AIDS service network. [1991 c 238 § 44; 1988 c 206 §
502.]
Severability—1988 c 206: See RCW 70.24.900.
(2002 Ed.)
28B.50.145
28B.50.215 Overlapping service areas—Regional
planning agreements. The colleges in each overlapping
service area shall jointly submit for approval to the state
board for community and technical colleges a regional
planning agreement. The agreement shall provide for the
ongoing interinstitutional coordination of community and
technical college programs and services operated in the
overlapping service area. The agreement shall include the
means for the adjudication of issues arising from overlapping
service areas. The agreement shall include a definitive
statement of mission, scope, and purpose for each college
including the nature of courses, programs, and services to be
offered by each college.
Technical colleges may, under the rules of the state
board for community and technical colleges, offer all
specific academic support courses that may be at a transfer
level that are required of all students to earn a particular certificate or degree. This shall not be interpreted to mean that
their mission may be expanded to include transfer preparation, nor does it preclude technical colleges from voluntarily
and cooperatively using available community college courses
as components of technical college programs.
Any part of the agreement that is not approved by all
the colleges in the service area, shall be determined by the
state board for community and technical colleges. Approved
regional planning agreements shall be enforced by the full
authority of the state board for community and technical
colleges. Changes to the agreement are subject to state
board approval.
For the purpose of creating and adopting a regional
planning agreement, the trustees of the colleges in Pierce
county shall form a county coordinating committee. The
county coordinating committee shall consist of eight members. Each college board of trustees in Pierce county shall
select two of its members to serve on the county coordinating committee. The county coordinating committee shall not
employ its own staff, but shall instead utilize staff of the colleges in the county. The regional planning agreement
adopted by the county coordinating committee shall include,
but shall not be limited to: The items listed in this section,
the transfer of credits between technical and community colleges, program articulation, and the avoidance of unnecessary
duplication in programs, activities, and services. [1997 c
281 § 2; 1991 c 238 § 144.]
28B.50.239 High-technology education and training.
See chapter 28B.65 RCW.
28B.50.242 Video telecommunications programming. The state board for community and technical colleges
shall provide statewide coordination of video telecommunications programming for the community and technical
college system. [1991 c 238 § 45; 1990 c 208 § 10.]
28B.50.250 Adult education programs in common
school districts, limitations—Certain federal programs,
administration. The state board for community and technical colleges and the state board of education are hereby
authorized to permit, on an ad hoc basis, the common school
districts to conduct pursuant to RCW 28B.50.530 a program
in adult education in behalf of a college district when such
[Title 28B RCW—page 145]
28B.50.250
Title 28B RCW: Higher Education
program will not conflict with existing programs of the same
nature and in the same geographical area conducted by the
college districts: PROVIDED, That federal programs for
adult education shall be administered by the state board for
community and technical colleges, which agency is hereby
declared to be the state educational agency primarily
responsible for supervision of adult education in the public
schools as defined by *RCW 28B.50.020. [1991 c 238 § 46;
1969 ex.s. c 261 § 25; 1969 ex.s. c 223 § 28B.50.250.
Prior: 1967 ex.s. c 8 § 25.]
*Reviser’s note: The reference to RCW 28B.50.020 appears to be
erroneous. "Adult education" is defined in RCW 28B.50.030.
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
Community education programs: RCW 28A.620.020.
28B.50.252 Districts offering vocational educational
programs—Local advisory committees—Advice on
current job needs. (1) Each local education agency or
college district offering vocational educational programs
shall establish local advisory committees to provide that
agency or district with advice on current job needs and on
the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment,
and effectiveness;
(c) Include representatives of business and labor who
reflect the local industry, and the community; and
(d) Actively consult with other representatives of
business, industry, labor, and agriculture. [1991 c 238 § 77.]
28B.50.254 Advisory council on adult education—
Work force training and education coordinating board to
monitor. (1) There is hereby created the Washington advisory council on adult education. The advisory council shall
advise the state board for community and technical colleges
and the work force training and education coordinating board
concerning adult basic education and literacy programs. The
advisory council shall perform all duties of state advisory
councils on adult education as specified in P.L. 100-297, as
amended. The advisory council’s actions shall be consistent
with the state comprehensive plan for work force training
and education prepared by the work force training and
education coordinating board as provided for in RCW
28C.18.060.
(2) The advisory council on adult education shall consist
of nine members as required by federal law, appointed by
the governor. In making these appointments, to the maximum extent feasible, the governor shall give consideration
to providing overlapping membership with the membership
of the state job training coordinating council, and the
governor shall give consideration to individuals with expertise and experience in adult basic education.
(3) The work force training and education coordinating
board shall monitor the need for the council as described in
subsection (1) of this section, and, if that need no longer
exists, propose legislation to terminate the council. [1991 c
238 § 19.]
28B.50.256 Facilities shared by vocational-technical
institute programs and K-12 programs. If, before
September 1, 1991, the use of a single building facility is
being shared between an existing vocational-technical
institute program and a K-12 program, the respective boards
shall continue to share the use of the facility until such time
as it is convenient to remove one of the two programs to
another facility. The determination of convenience shall be
based solely upon the best interests of the students involved.
If a vocational-technical institute district board and a
common school district board are sharing the use of a single
facility, the program occupying the majority of the space of
such facility, exclusive of space utilized equally by both,
shall determine which board will be charged with the
administration and control of such facility. The determination of occupancy shall be based upon the space occupied as
of January 1, 1990.
The board charged with the administration and control
of such facility may share expenses with the other board for
the use of the facility.
In the event that the two boards are unable to agree
upon which board is to administer and control the facility or
upon a fair share of expenses for the use of the facility, the
governor shall appoint an arbitrator to settle the matter. The
decisions of the arbitrator shall be final and binding upon
both boards. The expenses of the arbitration shall be divided
equally by each board. [1991 c 238 § 132.]
28B.50.259 Program for dislocated forest products
workers—Waiver from tuition and fees. (1) The state
board for community and technical colleges shall administer
a program designed to provide higher education opportunities
to dislocated forest products workers and their unemployed
spouses who are enrolled in a community or technical
college for ten or more credit hours per quarter. In administering the program, the college board shall have the following powers and duties:
(a) With the assistance of an advisory committee, design
a procedure for selecting dislocated forest products workers
to participate in the program;
(b) Allocate funding to community and technical
colleges attended by participants; and
(c) Monitor the program and report on participants’
progress and outcomes.
(2) Unemployed spouses of eligible dislocated forest
products workers may participate in the program, but tuition
and fees may be waived under the program only for the
worker or the spouse and not both.
(3) Subject to the limitations of RCW 28B.15.910, the
governing boards of the community and technical colleges
may waive all or a portion of tuition and fees for program
participants, for a maximum of six quarters within a twoyear period.
(4) During any biennium, the number of full-time
equivalent students to be served in this program shall be
determined by the applicable omnibus appropriations act, and
shall be in addition to the community college enrollment
level funded by the applicable omnibus appropriations act.
[1998 c 245 § 21; 1993 sp.s. c 18 § 32; 1992 c 231 § 29;
1991 c 315 § 17.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
[Title 28B RCW—page 146]
(2002 Ed.)
Community and Technical Colleges
Effective date—1992 c 231: See note following RCW 28B.10.016.
Intent—1991 c 315: See note following RCW 50.12.270.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
28B.50.301 Title to or all interest in real estate,
choses in action and assets obtained for vocationaltechnical institute purposes by school districts—Vest in
or assigned to district board—Exceptions. Title to or all
interest in real estate, choses in action and all other assets,
and liabilities including court claims, including but not
limited to assignable contracts, cash, deposits in county
funds (including any interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as
of September 1, 1991, by or for a school district and
obtained identifiably with federal, state, or local funds
appropriated for vocational-technical institutes [institute]
purposes or postsecondary vocational educational purposes,
or used or obtained with funds budgeted for postsecondary
vocational educational purposes, or used or obtained primarily for vocational-technical institute educational purposes,
shall, on the date on which the first board of trustees of each
district takes office, vest in or be assigned to the district
board. Cash, funds, accounts, or other deposits obtained or
raised by a school district to pay for indebtedness, bonded or
otherwise, contracted on or before September 1, 1991, for
vocational-technical institute purposes shall remain with and
continue to be, after February 2, 1992, an asset of the school
district. Any option acquired by the school district to
purchase real property which in the judgment of the school
district will be used in the common school program may
remain with the school district notwithstanding that such
option was obtained in consideration of the purchase by such
school district of other property for vocational-technical
institute purposes. Unexpended funds of a common school
district derived from the sale, before September 1, 1991, of
bonds authorized for any purpose which includes vocationaltechnical institute purposes and not committed for any
existing construction contract, shall remain with and continue
to be an asset of such common school district, unless within
thirty days after said date such common school district determines to transfer such funds to the board of trustees. [1991
c 238 § 115.]
28B.50.302 Title to or all interest in real estate,
choses in action and assets obtained for vocationaltechnical institute purposes by school districts—Vest in
or assigned to state board for community and technical
colleges—Exceptions. Title to or all interest in real estate,
choses in action, and all other assets and liabilities, including
court claims, including but not limited to assignable contracts, cash, deposits in county funds (including any interest
or premiums thereon), equipment, buildings, facilities, and
appurtenances thereto held as of September 1, 1991, by or
for a school district and obtained identifiably with federal,
state, or local funds appropriated for vocational-technical
institute purposes or postsecondary vocational educational
purposes, or used or obtained with funds budgeted for
vocational-technical institute purposes or postsecondary
vocational education purposes, or used or obtained primarily
for vocational education purposes, and all liabilities includ(2002 Ed.)
28B.50.259
ing, but not limited to court claims incurred on behalf of a
vocational-technical institute by a school district, shall, on
the date on which the first board of trustees of each college
district takes office, vest in or be assigned to the state board
for community and technical colleges. Grounds that have
been used primarily as a playground for children shall
continue to be made available for such use.
Cash, funds, accounts, or other deposits obtained or
raised by a school district to pay for indebtedness, bonded or
otherwise, contracted on or before September 1, 1991, for
vocational-technical institute purposes shall remain with and
continue to be, after September 1, 1991, an asset of the
school district.
Any option acquired by the school district to purchase
real property which in the judgment of the school district
will be used in the common school program may remain
with the school district notwithstanding that such option was
obtained in consideration of the purchase by such school
district of other property for vocational-technical institute
purposes.
Unexpended funds of a common school district derived
from the sale of bonds issued for vocational-technical
institute capital purposes and not committed for any existing
construction contract, shall be transferred to the college
district of which the institute is a part for application to such
projects.
For the purposes of this section and to facilitate the
process of allocating the assets, the board of directors of
each school district in which a vocational-technical institute
is located, and the director of each vocational-technical
institute, shall each submit to the state board of education,
and the state board for community and technical colleges
within ninety days of September 1, 1991, an inventory listing
all real estate, personal property, choses in action, and other
assets, held by a school district which, under the criteria of
this section, will become the assets of the state board for
community and technical colleges.
However, assets used primarily for vocational-technical
institute purposes shall include, but not be limited to, all
assets currently held by school districts which have been
used on an average of at least seventy-five percent of the
time during the 1989-90 school year, or if acquired subsequent to July 1, 1990, since its time of acquisition, for
vocational-technical institute purposes, except that facilities
used during school construction and remodeling periods to
house vocational-technical institute programs temporarily and
facilities that were vacated by the vocational-technical
institute and returned to the school district during 1990-91
are not subject to this requirement.
The ultimate decision and approval with respect to the
allocation and dispositions of the assets and liabilities
including court claims under this section shall be made by a
task force appointed by the governor in consultation with the
superintendent of public instruction and the state board for
community and technical colleges. Any issues remaining in
dispute shall be settled by the governor or the governor’s
designee. The decision of the governor, the governor’s
designee, or the task force may be appealed within sixty
days after such decision is issued by appealing to the district
court of Thurston county. The decision of the superior court
may be appealed to the supreme court of the state in
[Title 28B RCW—page 147]
28B.50.302
Title 28B RCW: Higher Education
accordance with the provision[s] of the administrative
procedure act, chapter 34.05 RCW. [1991 c 238 § 131.]
28B.50.313 Waiver of the nonresident portion of
tuition and fees for students of foreign nations. See RCW
28B.15.527.
28B.50.305 Seattle Vocational Institute—Findings.
The legislature finds that a vocational institute in the central
area of the city of Seattle provides civic, social, and economic benefits to the people of the state of Washington.
Economic development is enhanced by increasing the
number of skilled individuals who enter the labor market and
social welfare costs are reduced by the training of individuals lacking marketable skills. The students at the institute
are historically economically disadvantaged, and include
racial and ethnic minorities, recent immigrants, single-parent
heads of households, and persons who are dislocated workers
or without specific occupational skills. The institute presents
a unique opportunity for business, labor, and communitybased organizations, and educators to work together to provide effective vocational-technical training to the economically disadvantaged of urban Seattle, and to serve as a
national model of such cooperation. Moreover, a trained
work force is a major factor in attracting new employers,
and with greater minority participation in the work force, the
institute is uniquely located to deliver training and education
to the individuals employers must increasingly turn to for
their future workers. [1991 c 238 § 93.]
28B.50.320 Fees and other income—Deposit—
Disbursement. All operating fees, services and activities
fees, and all other income which the trustees are authorized
to impose shall be deposited as the trustees may direct unless
otherwise provided by law. Such sums of money shall be
subject to the budgetary and audit provisions of law applicable to state agencies. The depository selected by the trustees
shall conform to the collateral requirements required for
deposit of other state funds.
Disbursement shall be made by check signed by the
president of the college or the president’s designee appointed
in writing, and such other person as may be designated by
the board of trustees of the college district. Each person
authorized to sign as provided above, shall execute a surety
bond as provided in RCW 43.17.100. Said bond or bonds
shall be filed in the office of the secretary of state. [1991 c
238 § 47; 1971 ex.s. c 279 § 17; 1970 ex.s. c 59 § 4; 1969
ex.s. c 238 § 5; 1969 ex.s. c 223 § 28B.50.320. Prior: 1967
ex.s. c 8 § 32.]
28B.50.306 Seattle Vocational Institute—Mission—
Advisory committee to advise. The mission of the institute
shall be to provide occupational, basic skills, and literacy
education opportunities to economically disadvantaged
populations in urban areas of the college district it serves.
The mission shall be achieved primarily through open-entry,
open-exit, short-term, competency-based basic skill, and job
training programs targeted primarily to adults. The board of
trustees of the sixth college district shall appoint a ninemember advisory committee consisting of equal representation from business, labor, and community representatives to
provide advice and counsel to the administration of the institute and the district administration. [1991 c 238 § 100.]
28B.50.307 Seattle Vocational Institute—Funding.
Funding for the institute shall be included in a separate
allocation to the sixth college district, and funds allocated for
the institute shall be used only for purposes of the institute.
[1991 c 238 § 101.]
28B.50.310
28B.15 RCW.
Community college fees. See chapter
28B.50.311 Community college fees—Waiver of
tuition and fees for long-term unemployed or underemployed persons—Conditions—Rules. See RCW
28B.15.522.
28B.50.312 Resident tuition for participants in
community college international student exchange
program. See RCW 28B.15.526.
[Title 28B RCW—page 148]
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
Severability—1970 ex.s. c 59: See note following RCW 28B.15.520.
28B.50.327 Collection of student tuition and fees—
Seattle Vocational Institute. Notwithstanding the provisions of chapter 28B.15 RCW, technical colleges and the
Seattle Vocational Institute may continue to collect student
tuition and fees per their standard operating procedures in
effect on September 1, 1991. The applicability of existing
community college rules and statutes pursuant to chapter
28B.15 RCW regarding tuition and fees shall be determined
by the state board for community and technical colleges
within two years of September 1, 1991. [1991 c 238 § 84.]
28B.50.328 Waivers of tuition and fees—
Scholarships—Employment of instructional staff and
faculty—Seattle Vocational Institute. The district may
provide for waivers of tuition and fees and provide scholarships for students at the institute. The district may negotiate
with applicable public or private service providers to conduct
the instructional activities of the institute. The district may
employ instructional staff or faculty. The district may also
contract with private individuals for instructional services.
Until at least July 1, 1993, all faculty and staff serve at the
pleasure of the district. In order to allow the district
flexibility in its personnel policies with the institute, the district and the institute, with reference to employees of the
institute employed during an initial two-year period until
July 1, 1993, are exempt from chapters *28B.16, 28B.52
(relating to collective bargaining), 41.04, 41.05, 41.06, and
41.40 RCW; from RCW 43.01.040 through 43.01.044; and
from RCW 28B.50.551 and 28B.50.850 through 28B.50.875
(relating to faculty tenure). [1991 c 238 § 103.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was
recodified as RCW 41.06.382. The powers, duties, and functions of the
state higher education personnel board were transferred to the Washington
(2002 Ed.)
Community and Technical Colleges
personnel resources board. RCW 28B.16.015 and 41.06.382 were
subsequently repealed by 2002 c 354 § 403, effective July 1, 2005.
28B.50.330 Construction, reconstruction, equipping,
and demolition of community and technical college
facilities and acquisition of property—Financing by revenue bonds—Bid procedure. The boards of trustees of
college districts are empowered in accordance with the
provisions of this chapter to provide for the construction,
reconstruction, erection, equipping, demolition, and major
alterations of buildings and other capital assets, and the
acquisition of sites, rights-of-way, easements, improvements,
or appurtenances for the use of the aforementioned colleges
as authorized by the college board in accordance with RCW
28B.50.140; to be financed by bonds payable out of special
funds from revenues hereafter derived from income received
from such facilities, gifts, bequests, or grants, and such
additional funds as the legislature may provide, and payable
out of a bond retirement fund to be established by the
respective district boards in accordance with rules and
regulations of the state board. With respect to building,
improvements, or repairs, or other work, where the estimated
cost exceeds twenty-five thousand dollars, complete plans
and specifications for such work shall be prepared and such
work shall be put out for public bids and the contract shall
be awarded to the lowest responsible bidder if in accordance
with the bid specifications: PROVIDED, That when such
building, construction, renovation, remodeling, or demolition
involves one trade or craft area and the estimated cost
exceeds ten thousand dollars, complete plans and specifications for such work shall be prepared and such work
shall be put out for public bids, and the contract shall be
awarded to the lowest responsible bidder if in accordance
with the bid specifications. This subsection shall not apply
when a contract is awarded by the small works procedure
authorized in *RCW 39.04.150: PROVIDED FURTHER,
That any project regardless of dollar amount may be put to
public bid.
Where the estimated cost to any college of any building,
improvements, or repairs, or other work, is less than twentyfive thousand dollars, the publication requirements of RCW
39.04.020 shall be inapplicable. [1993 c 379 § 108; 1991 c
238 § 48; 1979 ex.s. c 12 § 2; 1969 ex.s. c 223 §
28B.50.330. Prior: 1967 ex.s. c 8 § 33. Formerly RCW
28.85.330.]
*Reviser’s note: RCW 39.04.150 was repealed by 2000 c 138 § 301.
Intent—Severability—Effective date—1993 c 379: See notes
following RCW 28B.10.029.
Severability—1979 ex.s. c 12: See note following RCW 28B.10.350.
28B.50.340 Construction, reconstruction, equipping
and demolition of community and technical college
facilities and acquisition of property—Financing by
bonds secured by pledge of building fees, grants. In
addition to the powers conferred under RCW 28B.50.090,
the college board is authorized and shall have the power:
(1) To permit the district boards of trustees to contract
for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alterations of buildings
and other capital assets, and the acquisition of sites, rightsof-way, easements, improvements or appurtenances of the
college as approved by the state board.
(2002 Ed.)
28B.50.328
(2) To finance the same by the issuance of bonds
secured by the pledge of up to one hundred percent of the
building fees.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or private corporation, association,
or person to aid in defraying the costs of any such projects.
(4) To retain bond counsel and professional bond
consultants to aid it in issuing bonds pursuant to RCW
28B.50.340 through 28B.50.400. [1991 c 238 § 49; 1985 c
390 § 54; 1971 ex.s. c 279 § 18; 1970 ex.s. c 15 § 18.
Prior: 1969 ex.s. c 261 § 26; 1969 ex.s. c 238 § 6; 1969
ex.s. c 223 § 28B.50.340; prior: 1967 ex.s. c 8 § 34.]
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
28B.50.350 Construction, reconstruction, equipping
and demolition of community and technical college
facilities and acquisition of property—Bonds—
Requirements. For the purpose of financing the cost of any
projects, the college board is hereby authorized to adopt the
resolution or resolutions and prepare all other documents
necessary for the issuance, sale and delivery of the bonds or
any part thereof at such time or times as it shall deem
necessary and advisable. Said bonds:
(1) Shall not constitute:
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the college or of the college
board;
(2) Shall be:
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one
hundred dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the college board with the
manual or facsimile signature of the chairman of the board,
attested by the secretary of the board, have the seal of the
college board impressed thereon or a facsimile of such seal
printed or lithographed in the bottom border thereof, and the
coupons attached thereto shall be signed with the facsimile
signatures of such chairman and the secretary;
(3) Shall state:
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund created for retirement
thereof;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of
the bond retirement fund;
(6) Shall be payable at such times over a period of not
to exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as
the board may prescribe;
[Title 28B RCW—page 149]
28B.50.350
Title 28B RCW: Higher Education
(8) Shall be issued under and subject to such terms,
conditions and covenants providing for the payment of the
principal thereof and interest thereon and such other terms,
conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.50.330
through 28B.50.400, and as found to be necessary by the
board for the most advantageous sale thereof, which may
include but not be limited to:
(a) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the
principal of and interest on all bonds issued and a provision
made that certain amounts be set aside and maintained therein;
(b) A covenant that sufficient moneys may be transferred from the capital projects account of the college board
issuing the bonds to the bond retirement fund of the college
board when ordered by the board in the event there is ever
an insufficient amount of money in the bond retirement fund
to pay any installment of interest or principal and interest
coming due on the bonds or any of them;
(c) A covenant fixing conditions under which bonds on
a parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond
retirement fund, shall be deposited in the state treasury to the
credit of the capital projects account of the college board and
shall be used solely for paying the costs of the projects, the
costs of bond counsel and professional bond consultants
incurred in issuing the bonds, and for the purposes set forth
in subsection (8)(b) of this section;
(9) Shall constitute a prior lien and charge against the
building fees of the community and technical colleges.
[1991 c 238 § 50; 1985 c 390 § 55; 1971 ex.s. c 279 § 19;
1971 c 8 § 2; 1970 ex.s. c 59 § 2; 1970 ex.s. c 56 § 32;
1970 ex.s. c 15 § 19; 1969 ex.s. c 261 § 27; 1969 ex.s. c
232 § 106; 1969 ex.s. c 223 § 28B.50.350. Prior: 1967
ex.s. c 8 § 35.]
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
Severability—1970 ex.s. c 59: See note following RCW 28B.15.520.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.50.360 Construction, reconstruction, equipping,
and demolition of community and technical college
facilities and acquisition of property—Community and
technical college capital projects account—Disposition of
building fees. Within thirty-five days from the date of start
of each quarter all collected building fees of each such
community and technical college shall be paid into the state
treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college
board if issuing bonds payable out of building fees shall
certify to the state treasurer the amounts required in the
ensuing twelve-month period to pay and secure the payment
of the principal of and interest on such bonds. The state
treasurer shall thereupon deposit the amounts so certified in
the community and technical college capital projects account.
Such amounts of the funds deposited in the community and
[Title 28B RCW—page 150]
technical college capital projects account as are necessary to
pay and secure the payment of the principal of and interest
on the building bonds issued by the college board as
authorized by this chapter shall be exclusively devoted to
that purpose. If in any twelve-month period it shall appear
that the amount certified by the college board is insufficient
to pay and secure the payment of the principal of and
interest on the outstanding building bonds, the state treasurer
shall notify the college board and such board shall adjust its
certificate so that all requirements of moneys to pay and
secure the payment of the principal and interest on all such
bonds then outstanding shall be fully met at all times.
(2) The community and technical college capital projects
account is hereby created in the state treasury. The sums
deposited in the capital projects account shall be appropriated and expended exclusively to pay and secure the payment
of the principal of and interest on bonds payable out of the
building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration
of buildings and other capital assets owned by the state
board for community and technical colleges in the name of
the state of Washington, and the acquisition of sites, rightsof-way, easements, improvements or appurtenances in
relation thereto, and for the payment of principal of and
interest on any bonds issued for such purposes. During the
2001-2003 fiscal biennium, the legislature may transfer from
the account to the state general fund such amounts as reflect
the excess fund balance of the account. [2002 c 238 § 303;
2000 c 65 § 1; 1997 c 42 § 1; 1991 sp.s. c 13 §§ 47, 48;
1991 c 238 § 51. Prior: 1985 c 390 § 56; 1985 c 57 § 16;
1974 ex.s. c 112 § 4; 1971 ex.s. c 279 § 20; 1970 ex.s. c 15
§ 20; prior: 1969 ex.s. c 261 § 28; 1969 ex.s. c 238 § 7;
1969 ex.s. c 223 § 28B.50.360; prior: 1967 ex.s. c 8 § 36.]
Severability—Effective date—2002 c 238: See notes following
RCW 28B.30.730.
Effective date—2000 c 65: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 65 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1974 ex.s. c 112: See note following RCW
28B.50.403.
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
Transfer of moneys in community and technical college bond retirement
fund to state general fund: RCW 28B.50.401 and 28B.50.402.
28B.50.370 Construction, reconstruction, equipping
and demolition of community and technical college
facilities and acquisition of property—Bonds—Sources
for payment of principal and interest on—Funds credited
to bond retirement fund—Pledge to collect building fees.
For the purpose of paying and securing the payment of the
principal of and interest on the bonds as the same shall
become due, there shall be paid into the state treasury and
credited to the bond retirement fund of the college board, the
following:
(2002 Ed.)
Community and Technical Colleges
(1) Amounts derived from building fees as are necessary
to pay the principal of and interest on the bonds and to
secure the same;
(2) Any grants which may be made, or may become
available for the purpose of furthering the construction of
any authorized projects, or for the repayment of the costs
thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof. As a part of the contract of
sale of such bonds, the college board shall charge and collect
building fees as established by this chapter and deposit such
fees in the bond retirement fund in amounts which will be
sufficient to pay and secure the payment of the principal of,
and interest on all such bonds outstanding. [1991 c 238 §
52; 1985 c 390 § 57; 1971 ex.s. c 279 § 21; 1969 ex.s. c
238 § 8; 1969 ex.s. c 223 § 28B.50.370. Prior: 1967 ex.s.
c 8 § 37.]
Severability—1971 ex.s. c 279: See note following RCW
28B.15.005.
Transfer of moneys in community and technical college bond retirement
fund to state general fund: RCW 28B.50.401 and 28B.50.402.
28B.50.380 Construction, reconstruction, equipping
and demolition of community college facilities and
acquisition of property—Bonds—Additional powers
incident to bond authorization. In accordance with the
provisions of RCW 28B.50.340 the college board is hereby
empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the college
board’s capital projects account to the bond retirement fund
when necessary to prevent a default in the payments required
to be made; and
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds. [1969 ex.s. c 223 § 28B.50.380.
Prior: 1967 ex.s. c 8 § 38. Formerly RCW 28.85.380.]
28B.50.390 Construction, reconstruction, equipping
and demolition of community college facilities and
acquisition of property—Refunding bonds—Authorized—
Form, term, issuance, etc.—Exchange or sale. The
college board is hereby empowered to issue refunding bonds
to provide funds to refund any or all outstanding bonds
payable from the bond retirement fund and to pay any
redemption premium payable on such outstanding bonds
being refunded. Such refunding bonds may be issued in the
manner and on terms and conditions and with the covenants
permitted by RCW 28B.50.330 through 28B.50.400 for the
issuance of bonds. The refunding bonds shall be payable out
of the bond retirement fund and shall not constitute an
obligation either general or special, of the state or a general
obligation of the college board. The board may exchange
the refunding bonds at par for the bonds which are being
refunded or may sell them in such manner, at such price and
(2002 Ed.)
28B.50.370
at such rate or rates of interest as it deems for the best
interest of the college. [1970 ex.s. c 56 § 33; 1969 ex.s. c
232 § 107; 1969 ex.s. c 223 § 28B.50.390. Prior: 1967
ex.s. c 8 § 39.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28B.50.400 Construction, reconstruction, equipping
and demolition of community college facilities and
acquisition of property—Bonds as limited obligation
bonds—Additional means to pay principal and interest
on. The bonds authorized to be issued pursuant to the
provisions of RCW 28B.50.330 through 28B.50.400 shall not
be general obligations of the state of Washington, but shall
be limited obligation bonds payable only from the special
funds created for their payment. The legislature may specify
additional means for providing funds for the payment of
principal and interest of said bonds. RCW 28B.50.330
through 28B.50.400 shall not be deemed to provide an exclusive method for such payment. The power given to the
legislature by this section to provide for additional means for
raising money is permissive, and shall not in any way be
construed as a pledge of the general credit of the state of
Washington. [1969 ex.s. c 223 § 28B.50.400. Prior: 1967
ex.s. c 8 § 40. Formerly RCW 28.85.400.]
28B.50.401 Transfer of moneys in community
college bond retirement fund to state general fund—
Purpose. The state finance committee has heretofore
refunded, pursuant to RCW 28B.50.403 through 28B.50.407,
all of the outstanding building bonds of the community
college board payable from the community college bond
retirement fund. By reason of such refunding said bonds are
no longer deemed to be outstanding and moneys presently on
deposit in said bond retirement fund are no longer needed to
pay and secure the payment of such refunded bonds. [1985
c 390 § 58; 1977 ex.s. c 223 § 1.]
Severability—1977 ex.s. c 223: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 223 § 4.]
28B.50.402 Transfer of moneys in community and
technical college bond retirement fund to state general
fund—Exception. Notwithstanding anything to the contrary
contained in RCW 28B.50.360 (1) and (2) and in RCW
28B.50.370, all moneys on deposit on or before June 30,
1977, in the community and technical college bond retirement fund, shall be transferred by the state treasurer to the
state general fund, except for those moneys appropriated by
section 17, chapter 1, Laws of 1977. [1991 c 238 § 53;
1977 ex.s. c 223 § 2.]
Severability—1977 ex.s. c 223: See note following RCW
28B.50.401.
28B.50.403 Refunding bonds—Authorized—
Limitations. The state of Washington is hereby authorized
to issue state general obligation bonds for the purpose of
refunding any outstanding building, limited obligation bonds
of the college board issued pursuant to this chapter in an
[Title 28B RCW—page 151]
28B.50.403
Title 28B RCW: Higher Education
amount not exceeding 1.05 times the amount which, taking
into account amounts to be earned from the investment of
the proceeds of the issue, is required to pay the principal
thereof, interest thereon, any premium payable with respect
thereto, and the costs incurred in accomplishing such refunding: PROVIDED, That any proceeds of the refunding
bonds in excess of those required to accomplish such
refunding, or any obligations acquired with such excess
proceeds, shall be applied exclusively for the payment of
principal, interest, or call premiums with respect to such
refunding obligations. In no event shall the amount of such
refunding bonds authorized in this section exceed seventyfive million dollars. [1985 c 390 § 59; 1974 ex.s. c 112 §
1.]
Severability—1974 ex.s. c 112: "If any provision of this amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 112 § 9.]
28B.50.404 Refunding bonds—Issuance—Security.
Subject to the specific provisions of RCW 28B.50.360 and
28B.50.403 through 28B.50.407, such general obligation
refunding bonds shall be issued and the refunding of said
community and technical college building bonds shall be
carried out pursuant to chapters 39.42 and 39.53 RCW as
now or hereafter amended. The bonds shall pledge the full
faith and credit of the state of Washington and contain an
unconditional promise of the state to pay the principal
thereof and interest thereon when due. [1991 c 238 § 54;
1985 c 390 § 60; 1974 ex.s. c 112 § 2.]
Severability—1974 ex.s. c 112: See note following RCW
28B.50.403.
28B.50.405 Refunding bonds—Community and
technical college refunding bond retirement fund of 1974.
There is hereby created in the state treasury the community
and technical college refunding bond retirement fund of
1974, which fund shall be exclusively devoted to the
payment of the principal of and interest on the refunding
bonds authorized by RCW 28B.50.360 and 28B.50.403
through 28B.50.407.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to pay the principal of
and interest on such bonds. On July 1st of each year the
state treasurer shall deposit such amount in the refunding
bond retirement fund of 1974 from any general state revenues received in the state treasury. [1991 c 238 § 55; 1974
ex.s. c 112 § 3.]
Severability—1974 ex.s. c 112: See note following RCW
28B.50.403.
28B.50.406 Refunding bonds—Legislature may
provide additional means of payments. The legislature
may provide additional means for raising moneys for the
payment of the interest and principal of the bonds authorized
in RCW 28B.50.360 and 28B.50.403 through 28B.50.407
and 28B.50.360 and 28B.50.403 through 28B.50.407 shall
not be deemed to provide an exclusive method for such
payment. [1974 ex.s. c 112 § 5.]
Severability—1974 ex.s. c 112: See note following RCW
28B.50.403.
[Title 28B RCW—page 152]
28B.50.407 Refunding bonds—Bonds legal investment for public funds. The bonds authorized in RCW
28B.50.360 and 28B.50.403 through 28B.50.407 shall be a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1974 ex.s.
c 112 § 6.]
Severability—1974 ex.s. c 112: See note following RCW
28B.50.403.
28B.50.409 Bonds—Committee advice and consent
prerequisite to issuance. All bonds issued after February
16, 1974 by the college board or any board of trustees for
any college district under provisions of chapter 28B.50
RCW, as now or hereafter amended, shall be issued by such
boards only upon the prior advice and consent of the state
finance committee. [1991 c 238 § 56; 1974 ex.s. c 112 § 7.]
Severability—1974 ex.s. c 112: See note following RCW
28B.50.403.
28B.50.410 Rehabilitation services for individuals
with disabilities—Definitions. See RCW 74.29.010.
28B.50.420 Rehabilitation services for individuals
with disabilities—Powers and duties of state agency. See
RCW 74.29.020.
28B.50.430 Rehabilitation services for individuals
with disabilities—Acceptance of federal aid. See RCW
74.29.050 and 74.29.055.
28B.50.440 Construction of chapter when part
thereof in conflict with federal requirements which are
condition precedent to allocation of federal funds. If any
part of this chapter shall be found to be in conflict with
federal requirements which are a condition precedent to the
allocation of federal funds to the state, such conflicting part
of this chapter is hereby declared to be inoperative solely to
the extent of such conflict, and such findings or determination shall not affect the operation of the remainder of
this chapter. [1969 ex.s. c 223 § 28B.50.440. Prior: 1967
ex.s. c 8 § 44. Formerly RCW 28.85.440.]
Federal funds, receipt of authorized: RCW 28B.50.520.
28B.50.450 Cooperative agreements with state and
local agencies. See RCW 74.29.037.
28B.50.455 Vocational education of individuals with
disabilities—Procedures. Each technical college shall have
written procedures which include provisions for the vocational education of individuals with disabilities. These written
procedures shall include a plan to provide services to individuals with disabilities, a written plan of how the technical
college will comply with relevant state and federal requirements for providing vocational education to individuals with
disabilities, a written plan of how the technical college will
provide on-site appropriate instructional support staff in
compliance with P.L. 94-142, and as since amended, and
section 504 of the rehabilitation act of 1973, and as thereafter amended. [1991 c 238 § 158.]
(2002 Ed.)
Community and Technical Colleges
28B.50.460 Rehabilitation and job support services—Procedure—Register of eligible individuals and
organizations. See RCW 74.29.080.
28B.50.465 Cost-of-living increases—Academic
employees. (1) Academic employees of community and
technical college districts shall be provided an annual salary
cost-of-living increase in accordance with this section. For
purposes of this section, "academic employee" has the same
meaning as defined in RCW 28B.52.020.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, each college district shall
receive a cost-of-living allocation sufficient to increase
academic employee salaries, including mandatory salaryrelated benefits, by the rate of the yearly increase in the
cost-of-living index.
(b) A college district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district’s salary schedules, collective bargaining agreements, and other compensation policies. No later
than the end of the fiscal year, each college district shall
certify to the college board that it has spent funds provided
for cost-of-living increases on salaries and salary-related
benefits.
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for academic employees in subsequent years.
(d) Beginning with the 2001-2002 fiscal year, the state
shall fully fund the cost-of-living increase set forth in this
section.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar
year’s annual average consumer price index, using the
official current base, compiled by the bureau of labor
statistics, United States department of labor for the state of
Washington. If the bureau of labor statistics develops more
than one consumer price index for areas within the state, the
index covering the greatest number of people, covering areas
exclusively within the boundaries of the state, and including
all items shall be used for the cost-of-living index in this
section. [2001 c 4 § 3 (Initiative Measure No. 732, approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note
following RCW 28A.400.205.
28B.50.468 Cost-of-living increases—Classified
employees. (1) Classified employees of technical colleges
shall be provided an annual salary cost-of-living increase in
accordance with this section. For purposes of this section,
"technical college" has the same meaning as defined in RCW
28B.50.030. This section applies to only those classified
employees under the jurisdiction of chapter 41.56 RCW.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, each technical college board of
trustees shall receive a cost-of-living allocation sufficient to
increase classified employee salaries, including mandatory
salary-related benefits, by the rate of the yearly increase in
the cost-of-living index.
(b) A technical college board of trustees shall distribute
its cost-of-living allocation for salaries and salary-related
benefits in accordance with the technical college’s salary
(2002 Ed.)
28B.50.460
schedules, collective bargaining agreements, and other
compensation policies. No later than the end of the fiscal
year, each technical college shall certify to the college board
that it has spent funds provided for cost-of-living increases
on salaries and salary-related benefits.
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for technical college classified employees in
subsequent years.
(d) Beginning with the 2001-2002 fiscal year, the state
shall fully fund the cost-of-living increase set forth in this
section.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar
year’s annual average consumer price index, using the
official current base, compiled by the bureau of labor
statistics, United States department of labor for the state of
Washington. If the bureau of labor statistics develops more
than one consumer price index for areas within the state, the
index covering the greatest number of people, covering areas
exclusively within the boundaries of the state, and including
all items shall be used for the cost-of-living index in this
section. [2001 c 4 § 4 (Initiative Measure No. 732, approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note
following RCW 28A.400.205.
28B.50.482 Accumulated sick leave—Transferred
employees of vocational-technical institutes. Sick leave
accumulated by employees of vocational-technical institutes
shall be transferred to the college districts without loss of
time subject to the provisions of RCW 28B.50.551 and the
further provisions of any negotiated agreements then in
force. [1991 c 238 § 136.]
28B.50.484 Health care service contracts—
Transferred employees of vocational-technical institutes.
The state employees’ benefit board shall adopt rules to
preclude any preexisting conditions or limitations in existing
health care service contracts for school district employees at
vocational-technical institutes transferred to the state board
for community and technical colleges. The board shall also
provide for the disposition of any dividends or refundable
reserves in the school district’s health care service contracts
applicable to vocational-technical institute employees. [1991
c 238 § 137.]
28B.50.489 Part-time academic employees—Statemandated benefits—Definitions. For the purposes of
determining eligibility of state-mandated insurance, retirement benefits under RCW 28B.10.400, and sick leave for
part-time academic employees in community and technical
colleges, the following definitions shall be used:
(1) "Full-time academic workload" means the number of
in-class teaching hours that a full-time instructor must teach
to fulfill his or her employment obligations in a given
discipline in a given college. If full-time academic workload
is defined in a contract adopted through the collective
bargaining process, that definition shall prevail. If the fulltime workload bargained in a contract includes more than in[Title 28B RCW—page 153]
28B.50.489
Title 28B RCW: Higher Education
class teaching hours, only that portion that is in-class
teaching hours may be considered academic workload.
(2) "In-class teaching hours" means contact classroom
and lab hours in which full or part-time academic employees
are performing contractually assigned teaching duties. The
in-class teaching hours shall not include any duties performed in support of, or in addition to, those contractually
assigned in-class teaching hours.
(3) "Academic employee" in a community or technical
college means any teacher, counselor, librarian, or department head who is employed by a college district, whether
full or part-time, with the exception of the chief administrative officer of, and any administrator in, each college district.
(4) "Part-time academic workload" means any percentage of a full-time academic workload for which the part-time
academic employee is not paid on the full-time academic
salary schedule. [2000 c 128 § 2; 1996 c 120 § 1.]
Construction—2000 c 128: See note following RCW 28B.52.220.
28B.50.4891 Part-time academic employees—Statemandated benefits—Reporting eligible employees. For the
purposes of determining eligibility for receipt of statemandated benefits for part-time academic employees at
community and technical colleges, each institution shall
report to the appropriate agencies the names of eligible parttime academic employees who qualify for benefits based on
calculating the hours worked by part-time academic employees as a percentage of the part-time academic workload to
the full-time academic workload in a given discipline in a
given institution. [1996 c 120 § 2.]
28B.50.4892 Part-time academic employees—Best
practices compensation and employment—Task force—
Report. (1) The legislature finds that community colleges
and technical colleges have an obligation to carry out their
roles and missions in an equitable fashion. The legislature
also finds that governing boards for community colleges and
technical colleges have a responsibility to provide leadership
and guidance to their colleges in the equitable treatment of
part-time faculty teaching in the community and technical
colleges.
(2) The state board for community and technical
colleges shall convene a task force to conduct a best practices audit of compensation packages and conditions of
employment for part-time faculty in the community and
technical college system. The task force shall include but
need not be limited to part-time faculty, full-time faculty,
members of the state board, and members of community
college and technical college governing boards. In performing the audit, the task force shall focus on the employment
of part-time faculty, and shall include the following issues in
its deliberations: Salary issues, provision of health and
retirement benefits, the implications of increased reliance on
part-time rather than full-time faculty, the implications of
workload definitions, and tangible and intangible ways to
recognize the professional stature of part-time faculty.
(3) The task force shall report its findings to the state
board, local governing boards, and other interested parties by
August 30, 1996. The report shall include recommendations
on a set of best practices principles for the colleges to follow
in their employment of part-time faculty. By September 30,
[Title 28B RCW—page 154]
1996, the state board for community and technical colleges
shall adopt and periodically update a set of best practices
principles for colleges in the community and technical
college system to follow in their employment of part-time
faculty. The board shall use the best practices principles in
the development of its 1997-99 biennial operating budget
request. The board shall encourage and, to the extent
possible, require each local governing board to adopt and
implement the principles. [1996 c 120 § 3.]
28B.50.4893 Part-time academic employees—Sick
leave. (1) Part-time academic employees of community and
technical colleges shall receive sick leave to be used for the
same illnesses, injuries, bereavement, and emergencies as
full-time academic employees at the college in proportion to
the individual’s teaching commitment at the college.
(2) The provisions of RCW 41.04.665 shall apply to
leave sharing for part-time academic employees who accrue
sick leave under subsection (1) of this section.
(3) The provisions of RCW 28B.50.553 shall apply to
remuneration for unused sick leave for part-time academic
employees who accrue sick leave under subsection (1) of this
section. [2000 c 128 § 1.]
Construction—2000 c 128: See note following RCW 28B.52.220.
28B.50.490 Fiscal management—Powers and duties
of officers and agencies. See RCW 43.88.160.
28B.50.500 General provisions for institutions of
higher education. See chapter 28B.10 RCW.
28B.50.510 State purchasing and material control,
community college purchases. See RCW 43.19.190.
28B.50.520 Federal funds, receipt of authorized.
The college board or any board of trustees is authorized to
receive federal funds made available for the assistance of
community and technical colleges, and providing physical
facilities, maintenance or operation of schools, or for any
educational purposes, according to the provisions of the acts
of congress making such funds available. [1991 c 238 § 57;
1969 ex.s. c 223 § 28B.50.520. Prior: 1967 ex.s. c 8 § 52.
Formerly RCW 28.85.520.]
Construction of chapter when part thereof in conflict with federal requirements which are condition precedent to allocation of federal funds:
RCW 28B.50.440.
28B.50.522 Office for adult literacy. The college
board personnel administering state and federally funded
programs for adult basic skills and literacy education shall be
known as the state office for adult literacy. [1991 c 238 §
92.]
28B.50.528 Contracts with adjacent college district
for administrative services. If a technical college is created
after September 1, 1991, that college may contract with an
adjacent college district for administrative services until such
time that an existing or new college district may assume
jurisdiction over the college. [1991 c 238 § 139.]
(2002 Ed.)
Community and Technical Colleges
28B.50.530 Agreements for use of services or
facilities between district boards of trustees and school
boards. The district boards of trustees and the common
school boards are hereby authorized to enter into agreements
for the use by either of the other’s services, facilities or
equipment and for the presentation of courses of either for
students of the other where such agreements are deemed to
be in the best interests of the education of the students
involved. [1969 ex.s. c 223 § 28B.50.530. Prior: 1967
ex.s. c 8 § 53. Formerly RCW 28.85.530.]
28B.50.530
technical colleges shall adopt rules governing the eligibility
of persons sixteen years of age and older to take the general
educational development test, rules governing the administration of the test, and rules governing the issuance of a
certificate of educational competence to persons who successfully complete the test. Certificates of educational
competence issued under this section shall be issued in such
form and substance as agreed upon by the state board for
community and technical colleges and superintendent of
public instruction. [1993 c 218 § 3.]
Community education programs: RCW 28A.620.020.
28B.50.533 Contracts with common school districts
for occupational and academic programs for high school
students—Enrollment opportunities—Interlocal agreements. Community and technical colleges may contract
with local common school districts to provide occupational
and academic programs for high school students. Common
school districts whose students currently attend vocationaltechnical institutes shall not suffer loss of opportunity to
continue to enroll their students at technical colleges.
For the purposes of this section, "opportunity to enroll"
includes, but is not limited to, the opportunity of common
school districts to enroll the same number of high school
students enrolled at each vocational-technical institute during
the period July 1, 1989, through June 30, 1990, and the
opportunity for common school districts to increase enrollments of high school students at each technical college in
proportion to annual increases in enrollment within the
school districts participating on September 1, 1991. Technical colleges shall offer programs which are accessible to
high school students to at least the extent that existed during
the period July 1, 1989, through June 30, 1990, and to the
extent necessary to accommodate proportional annual growth
in enrollments of high school students within school districts
participating on September 1, 1991. Accommodating such
annual increases in enrollment or program offerings shall be
the first priority within technical colleges subject to any
enrollment or budgetary restrictions. Technical colleges shall
not charge tuition or student services and activities fees to
high school students enrolled in the college.
Technical colleges may enter into interlocal agreements
with local school districts to provide instruction in courses
required for high school graduation, basic skills, and literacy
training for students enrolled in technical college programs.
[1991 c 238 § 82.]
28B.50.535 Community or technical college may
issue high school diploma or certificate, limitation. A
community or technical college may issue a high school
diploma or certificate, subject to rules and regulations
promulgated by the superintendent of public instruction and
the state board of education. [1991 c 238 § 58; 1969 ex.s.
c 261 § 30.]
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
28B.50.536 General educational development test—
Rules—Issuance of certificate of educational competence.
Subject to rules adopted by the state board of education
under RCW 28A.305.190, the state board for community and
(2002 Ed.)
28B.50.551 Leave provisions generally. The board
of trustees of each college district shall adopt for each
community and technical college under its jurisdiction
written policies on granting leaves to employees of the
district and those colleges, including but not limited to leaves
for attendance at official or private institutions and conferences; professional leaves for personnel consistent with the
provisions of RCW 28B.10.650; leaves for illness, injury,
bereavement, and emergencies, consistent with RCW
28B.50.4893, and except as otherwise in this section provided, all with such compensation as the board of trustees may
prescribe, except that the board shall grant to all such
persons leave with full compensation for illness, injury,
bereavement and emergencies as follows:
(1) For persons under contract to be employed, or
otherwise employed, for at least three quarters, not more
than twelve days per year, commencing with the first day on
which work is to be performed; provisions of any contract in
force on June 12, 1980, which conflict with requirements of
this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the
parties shall be consistent with this subsection;
(2)(a) Such leave entitlement may be accumulated after
the first three-quarter period of employment for full-time
employees, and may be taken at any time;
(b) For part-time academic employees, such leave
entitlement may be accumulated after the first quarter of
employment by a college district or the first quarter after
June 8, 2000, whichever is later, and may be taken at any
time;
(3) Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to law, rule, regulation
or policy by persons presently employed by college districts
and community and technical colleges shall be added to such
leave accumulated under this section;
(4) Except as otherwise provided in this section or other
law, accumulated leave under this section not taken at the
time such person retires or ceases to be employed by college
districts or community and technical colleges shall not be
compensable;
(5) Accumulated leave for illness, injury, bereavement
and emergencies shall be transferred from one college
district to another or between a college district and the
following: Any state agency, any educational service district, any school district, or any other institution of higher
education as defined in RCW 28B.10.016;
(6) Leave accumulated by a person in a college district
or community and technical college prior to leaving that
district or college may, under the policy of the board of
[Title 28B RCW—page 155]
28B.50.551
Title 28B RCW: Higher Education
trustees, be granted to such person when he or she returns to
the employment of that district or college; and
(7) Employees of the Seattle Vocational Institute are
exempt from this section until July 1, 1993. [2000 c 128 §
3; 1995 c 119 § 1; 1991 c 238 § 59; 1980 c 182 § 3; 1977
ex.s. c 173 § 2; 1975 1st ex.s. c 275 § 148; 1973 c 62 § 22;
1969 ex.s. c 283 § 7. Formerly RCW 28.85.551.]
Construction—2000 c 128: See note following RCW 28B.52.220.
Severability—1980 c 182: See note following RCW 41.04.340.
Effective date—Severability—1977 ex.s. c 173: See notes following
RCW 28B.10.650.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.553 Attendance incentive program. (1)
Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this section.
(a) "Employer" means the board of trustees for each
college district or the state board for community and
technical colleges.
(b) "Eligible employee" means an employee of a college
district or the state board for community and technical
colleges who belongs to one of the following classifications:
(i) Academic employees as defined in RCW
28B.52.020;
(ii) Classified employees of technical colleges whose
employment is governed under chapter 41.56 RCW;
(iii) Professional, paraprofessional, and administrative
employees exempt from chapter 41.06 RCW; and
(iv) Employees of the state board for community and
technical colleges who are exempt from chapter 41.06 RCW.
(2) An attendance incentive program is established for
all eligible employees of a college district or the state board
for community and technical colleges entitled to accumulate
sick leave and for whom accurate sick leave records have
been maintained. An eligible employee may not receive
compensation under this section for a portion of sick leave
accumulated at a rate in excess of one day per month.
(3) In January of the year following a year in which a
minimum of sixty days of sick leave is accrued, and each
following January, an eligible employee may exercise an
option to receive remuneration for unused sick leave accumulated in the previous year at a rate equal to one day’s
monetary compensation of the employee for each four full
days of accrued sick leave in excess of sixty days. Sick
leave for which compensation has been received shall be
deducted from accrued sick leave at the rate of four days for
every one day’s monetary compensation.
(4) At the time of separation from employment with a
college district or the state board for community and
technical colleges due to retirement or death, an eligible
employee or the employee’s estate may receive remuneration
at a rate equal to one day’s current monetary compensation
of the employee for each four full days’ accrued sick leave.
(5) In lieu of remuneration for unused sick leave at
retirement as provided in subsection (4) of this section, an
employer may, with equivalent funds, provide eligible
employees with a benefit plan that provides reimbursement
for medical expenses. For employees whose conditions of
employment are governed by chapter 28B.52 or 41.56 RCW,
[Title 28B RCW—page 156]
such benefit plans shall be instituted only by agreement
applicable to the members of a bargaining unit. A benefit
plan adopted must require, as a condition of participation
under the plan, that the employee sign an agreement with the
employer. The agreement must include a provision to hold
the employer harmless should the United States government
find that the employer or the employee is in debt to the
United States as a result of the employee not paying income
taxes due on the equivalent funds placed into the plan, or as
a result of the employer not withholding or deducting a tax,
assessment, or other payment on the funds as required under
federal law. The agreement must also include a provision
that requires an eligible employee to forfeit remuneration
under subsection (4) of this section if the employee belongs
to a unit that has been designated to participate in the benefit
plan permitted under this subsection and the employee
refuses to execute the required agreement.
(6) Remuneration or benefits received under this section
are not included for the purposes of computing a retirement
allowance under a public retirement system in this state.
(7) The state board for community and technical
colleges shall adopt uniform rules to carry out the purposes
of this section. The rules shall define categories of eligible
employees. The categories of eligible employees are subject
to approval by the office of financial management. The
rules shall also require that each employer maintain complete
and accurate sick leave records for all eligible employees.
(8) Should the legislature revoke a remuneration or
benefit granted under this section, an affected employee is
not then entitled to receive the benefits as a matter of
contractual right. [1997 c 232 § 1.]
Conflict with federal requirements—1997 c 232: "If any part of
section 1(5) of this act is found to be in conflict with federal tax laws or
rulings or regulations of the federal internal revenue service, the conflicting
part of section 1(5) of this act is inoperative solely to the extent of the
conflict and such finding shall not affect the remainder of this act." [1997
c 232 § 3.]
28B.50.600 School district bonds—Redemption of
by school district to continue though facility under
control of college district board. Whenever a common
school board has contracted to redeem general obligation
bonds used for the construction or acquisition of facilities
which are now to be under the administration, control and
occupancy of the college district board, the common school
board shall continue to redeem the bonds in accordance with
the provisions of the bonds. [1991 c 238 § 60; 1969 ex.s. c
223 § 28B.50.600. Prior: 1967 ex.s. c 8 § 60. Formerly
RCW 28.85.600.]
28B.50.601 School district bonds—Redemption—
Facilities under administration of college district board.
If a school board has contracted to redeem general obligation
bonds used for the construction or acquisition of facilities
which are now to be under the administration, control, and
occupancy of the college district board, the school board
shall continue to redeem the bonds in accordance with the
provisions of the bonds. [1991 c 238 § 138.]
28B.50.740 School district bonds—Those issued for
community and technical college facilities not considered
indebtedness under statutory limitations on. Notwith(2002 Ed.)
Community and Technical Colleges
standing any other statutory provision relating to indebtedness of school districts, bonds heretofore issued by any
common school district for the purpose of providing funds
for community and technical college facilities shall not be
considered as indebtedness in determining the maximum
allowable indebtedness under any statutory limitation of
indebtedness when the sum of all indebtedness therein does
not exceed the maximum constitutional allowable indebtedness applied to the value of the taxable property contained
in such school district: PROVIDED, That nothing contained
herein shall be construed to affect the distribution of state
funds under any applicable distribution formula. [1991 c
238 § 61; 1969 ex.s. c 223 § 28B.50.740. Prior: 1967 ex.s.
c 8 § 74. Formerly RCW 28.85.740.]
Forty mill limit: State Constitution Art. 7 § 2.
Limitation of indebtedness prescribed: RCW 39.36.020.
Limitations upon municipal indebtedness: State Constitution Art. 8 § 6.
28B.50.835 Exceptional faculty awards—Intent.
The legislature recognizes that quality in the state’s community and technical colleges would be strengthened by
additional partnerships between citizens and the institutions.
The legislature intends to foster these partnerships by
creating a matching grant program to assist public community and technical colleges in creating endowments for funding
exceptional faculty awards. [1991 c 238 § 62; 1990 c 29 §
1.]
Severability—1990 c 29: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 29 § 8.]
28B.50.8351 Exceptional faculty awards—
"Foundation" defined. For purposes of RCW 28B.50.835
through 28B.50.843 "foundation" means a private nonprofit
corporation that: (1) Is registered under Title 24 RCW and
qualified as a tax-exempt entity under section 501(c)(3) of
the federal internal revenue code; (2) exists solely for the
benefit of one or more community or technical colleges in
this state; and (3) is registered with the attorney general’s
office under the charitable trust act, chapter 11.110 RCW.
[1993 c 87 § 3.]
28B.50.837 Exceptional faculty awards—
Established—Community and technical college faculty
awards trust fund. (1) The Washington community and
technical college exceptional faculty awards program is
established. The program shall be administered by the
college board. The college faculty awards trust fund hereby
created shall be administered by the state treasurer.
(2) Funds appropriated by the legislature for the
community and technical college exceptional faculty awards
program shall be deposited in the college faculty awards
trust fund. At the request of the college board, the treasurer
shall release the state matching funds to the local endowment
fund of the college or its foundation. No appropriation is
necessary for the expenditure of moneys from the fund.
During the 2001-2003 fiscal biennium, the legislature may
appropriate funds from the college faculty awards trust fund
for the purposes of the settlement costs of the Mader v. State
litigation regarding retirement contributions on behalf of
(2002 Ed.)
28B.50.740
part-time faculty. [2002 c 371 § 902; 1993 c 87 § 1; 1991
sp.s. c 13 §§ 108, 109; 1991 c 238 § 63; 1990 c 29 § 2.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.839 Exceptional faculty awards—
Guidelines—Matching funds—Donations—
Disbursements. (1) In consultation with eligible community
and technical colleges, the college board shall set priorities
and guidelines for the program.
(2) Under this section, a college shall not receive more
than four faculty grants in twenty-five thousand dollar
increments, with a maximum total of one hundred thousand
dollars per campus in any biennium.
(3) All community and technical colleges and foundations shall be eligible for matching trust funds. Institutions
and foundations may apply to the college board for grants
from the fund in twenty-five thousand dollar increments up
to a maximum of one hundred thousand dollars when they
can match the state funds with equal cash donations from
private sources, except that in the initial year of the program,
no college or foundation may receive more than one grant
until every college or its foundation has received one grant.
These donations shall be made specifically to the exceptional
faculty awards program and deposited by the institution or
foundation in a local endowment fund or a foundation’s
fund. Otherwise unrestricted gifts may be deposited in the
endowment fund by the institution or foundation.
(4) Once sufficient private donations are received by the
institution or foundation, the institution shall inform the
college board and request state matching funds. The college
board shall evaluate the request for state matching funds
based on program priorities and guidelines. The college
board may ask the state treasurer to release the state matching funds to a local endowment fund established by the
institution or a foundation’s fund established by a foundation
for each faculty award created.
(5) A college, by action of its board of trustees, may
transfer those exceptional faculty award funds accumulated
in its local endowment fund between July 1, 1991, and July
25, 1993, to its foundation’s local endowment fund established as provided in subsection (3) of this section. [1994 c
234 § 3; 1993 c 87 § 2; 1991 c 238 § 64; 1990 c 29 § 3.]
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.841 Exceptional faculty awards—Name of
award—Duties of institution—Use of endowment proceeds. (1) The faculty awards are the property of the
institution and may be named in honor of a donor, benefactor, or honoree of the institution, at the option of the
institution. The institution shall designate the use of the
award to individuals, groups, or for the improvement of
faculty as a whole. The designation shall be made or
renewed annually.
(2) The institution is responsible for soliciting private
donations, investing and maintaining its endowment funds,
administering the faculty awards, and reporting on the
program to the governor, the college board, and the legisla[Title 28B RCW—page 157]
28B.50.841
Title 28B RCW: Higher Education
ture, upon request. The institution may augment its endowment fund with additional unrestricted private donations.
The principal of the invested endowment fund shall not be
invaded.
(3) The proceeds from the endowment fund shall be
used to pay expenses for faculty awards, which may include
faculty development activities, in-service training, temporary
substitute or replacement costs directly associated with
faculty development programs, conferences, travel, publication and dissemination of exemplary projects; to supplement
the salary of the holder or holders of a faculty award; or to
pay expenses associated with the holder’s program area.
Funds from this program shall not be used to supplant
existing faculty development funds. [2000 c 127 § 1; 1991
c 238 § 65; 1990 c 29 § 4.]
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.843 Exceptional faculty awards—
Determination of award—Collective bargaining. The
process for determining local awards shall be subject to
collective bargaining. Decisions regarding the amounts of
individual awards and who receives them shall not be subject
to collective bargaining and shall be subject to approval of
the applicable board of trustees. [1991 c 238 § 66; 1990 c
29 § 5.]
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.50.844 Exceptional faculty awards—Eligibility
of foundation for matching funds—Endowment fund
management. A foundation is not eligible to receive
matching funds under RCW 28B.50.835 through 28B.50.843
unless the foundation and the board of trustees of the college
for whose benefit the foundation exists have entered into a
contract, approved by the attorney general, that: (1) Specifies the services to be provided by the foundation; (2)
provides for protection of the community and technical
college exceptional awards endowment funds under the
foundation’s control; and (3) provides for the college’s
assumption of ownership, management, and control of such
funds if the foundation ceases to exist or function properly,
or fails to provide the specified services in accordance with
the contract.
The principal of the community and technical college
exceptional awards endowment fund managed by the
foundation shall not be invaded. Funds recovered by a
college under this section shall be deposited into the
college’s local endowment fund. For purposes of this
section, community and technical college exceptional awards
endowment funds include the private donations, state
matching funds, and any accrued interest on such donations
and matching funds. [1993 c 87 § 4.]
28B.50.850 Faculty tenure—Purpose. It shall be the
purpose of RCW 28B.50.850 through 28B.50.869 to establish a system of faculty tenure which protects the concepts
of faculty employment rights and faculty involvement in the
protection of those rights in the state system of community
and technical colleges. RCW 28B.50.850 through
28B.50.869 shall define a reasonable and orderly process for
appointment of faculty members to tenure status and the
dismissal of the tenured faculty member.
[Title 28B RCW—page 158]
Employees of the Seattle Vocational Institute are exempt
from this section until July 1, 1993. [1991 c 238 § 67; 1969
ex.s. c 283 § 32. Formerly RCW 28.85.850.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.851 Faculty tenure—Definitions. As used in
RCW 28B.50.850 through 28B.50.869:
(1) "Tenure" shall mean a faculty appointment for an
indefinite period of time which may be revoked only for
adequate cause and by due process;
(2)(a) "Faculty appointment", except as otherwise
provided in (b) of this subsection, shall mean full time
employment as a teacher, counselor, librarian or other
position for which the training, experience and responsibilities are comparable as determined by the appointing
authority, except administrative appointments; "faculty
appointment" shall also mean department heads, division
heads and administrators to the extent that such department
heads, division heads or administrators have had or do have
status as a teacher, counselor, or librarian; faculty appointment shall also mean employment on a reduced work load
basis when a faculty member has retained tenure under RCW
28B.50.859;
(b) "Faculty appointment" shall not mean special faculty
appointment as a teacher, counselor, librarian, or other
position as enumerated in (a) of this subsection, when such
employment results from special funds provided to a
community college district from federal moneys or other
special funds which other funds are designated as "special
funds" by the college board: PROVIDED, That such
"special funds" so designated by the college board for
purposes of this section shall apply only to teachers, counselors and librarians hired from grants and service agreements
and teachers, counselors and librarians hired in nonformula
positions. A special faculty appointment resulting from such
special financing may be terminated upon a reduction or
elimination of funding or a reduction or elimination of
program: PROVIDED FURTHER, That "faculty appointees"
holding faculty appointments pursuant to subsections (1) or
(2)(a) of this section who have been subsequently transferred
to positions financed from "special funds" pursuant to (b) of
this subsection and who thereafter lose their positions upon
reduction or elimination of such "special funding" shall be
entitled to be returned to previous status as faculty appointees pursuant to subsection (1) or (2)(a) of this section
depending upon their status prior to the "special funding"
transfer. Notwithstanding the fact that tenure shall not be
granted to anyone holding a special faculty appointment, the
termination of any such faculty appointment prior to the
expiration of the term of such faculty member’s individual
contract for any cause which is not related to elimination or
reduction of financing or the elimination or reduction of
program shall be considered a termination for cause subject
to the provisions of this chapter;
(3) "Probationary faculty appointment" shall mean a
faculty appointment for a designated period of time which
may be terminated without cause upon expiration of the
probationer’s terms of employment;
(4) "Probationer" shall mean an individual holding a
probationary faculty appointment;
(2002 Ed.)
Community and Technical Colleges
(5) "Administrative appointment" shall mean employment in a specific administrative position as determined by
the appointing authority;
(6) "Appointing authority" shall mean the board of
trustees of a college district;
(7) "Review committee" shall mean a committee
composed of the probationer’s faculty peers, a student
representative, and the administrative staff of the community
or technical college: PROVIDED, That the majority of the
committee shall consist of the probationer’s faculty peers.
[1993 c 188 § 1; 1991 c 294 § 2; 1991 c 238 § 68; 1988 c
32 § 2; 1975 1st ex.s. c 112 § 1; 1974 ex.s. c 33 § 1; 1970
ex.s. c 5 § 3; 1969 ex.s. c 283 § 33. Formerly RCW
28.85.851.]
Construction—1993 c 188: "Nothing contained in this act shall be
construed to alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement." [1993 c 188 § 5.]
Effective date—1993 c 188: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 188 § 6.]
Severability—1993 c 188: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 188 § 7.]
Intent—1991 c 294: "Improving the quality of instruction at our state
institutions of higher education is a priority of the legislature. Recently,
many efforts have been made by the legislature, the colleges, and the higher
education coordinating board to assess and improve the quality of instruction received by students at our state institutions. It is the intent of the
legislature that, in conjunction with these various efforts, the process for the
award of faculty tenure at community colleges should allow for a thorough
review of the performance of faculty appointees prior to the granting of
tenure." [1991 c 294 § 1.]
Construction—1991 c 294: "Nothing contained in this act shall be
construed to alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement." [1991 c 294 § 6.]
Effective date—Application—1991 c 294: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect July 1, 1991, and shall apply to all faculty appointments made by
community colleges after June 30, 1991, but shall not apply to employees
of community colleges who hold faculty appointments prior to July 1,
1991." [1991 c 294 § 7.]
Severability—1991 c 294: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 294 § 8.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.852 Faculty tenure—Rules and regulations—Award of faculty tenure—Maximum probationary
period. The appointing authority shall promulgate rules and
regulations implementing RCW 28B.50.850 through
28B.50.869 and shall provide for the award of faculty tenure
following a probationary period not to exceed nine consecutive college quarters, excluding summer quarter and approved leaves of absence: PROVIDED, That tenure may be
awarded at any time as may be determined by the appointing
authority after it has given reasonable consideration to the
recommendations of the review committee. Upon formal
recommendation of the review committee and with the written consent of the probationary faculty member, the appointing authority may extend its probationary period for one,
two, or three quarters, excluding summer quarter, beyond the
(2002 Ed.)
28B.50.851
maximum probationary period established herein. No such
extension shall be made, however, unless the review
committee’s recommendation is based on its belief that the
probationary faculty member needs additional time to complete satisfactorily a professional improvement plan already
in progress and in the committee’s further belief that the
probationary faculty member will complete the plan satisfactorily. At the conclusion of any such extension, the appointing authority may award tenure unless the probationary
faculty member has, in the judgment of the committee, failed
to complete the professional improvement plan satisfactorily.
[1991 c 294 § 3; 1969 ex.s. c 283 § 34. Formerly RCW
28.85.852.]
Intent—Construction—Effective date, application—Severability—
1991 c 294: See notes following RCW 28B.50.851.
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.855 Faculty tenure—Written agreement
embodying terms of employment furnished faculty. The
appointing authority shall provide each faculty member,
immediately upon employment, with a written agreement
which delineates the terms of employment including all
conditions and responsibilities attached thereto. [1969 ex.s.
c 283 § 35. Formerly RCW 28.85.855.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.856 Faculty tenure—Evaluation of probationer by review committee—Progress report, acknowledgment of receipt—Recommendation as to tenure. The
probationary faculty appointment period shall be one of
continuing evaluation of a probationer by a review committee. The evaluation process shall place primary importance
upon the probationer’s effectiveness in his appointment. The
review committee shall periodically advise each probationer,
in writing, of his progress during the probationary period and
receive the probationer’s written acknowledgment thereof.
The review committee shall at appropriate times make
recommendations to the appointing authority as to whether
tenure should or should not be granted to individual probationers: PROVIDED, That the final decision to award or
withhold tenure shall rest with the appointing authority, after
it has given reasonable consideration to the recommendations
of the review committee. [1969 ex.s. c 283 § 36. Formerly
RCW 28.85.856.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.857 Faculty tenure—Decision not to renew
probationary appointment, notice by appointing authority, when. Upon the decision not to renew a probationary
faculty appointment, the appointing authority shall notify the
probationer of such decision as soon as possible during the
regular college year: PROVIDED, That such notice may not
be given later than one complete quarter, except summer
quarter, before the expiration of the probationary faculty
appointment. [1991 c 294 § 4; 1969 ex.s. c 283 § 37.
Formerly RCW 28.85.857.]
Intent—Construction—Effective date, application—Severability—
1991 c 294: See notes following RCW 28B.50.851.
[Title 28B RCW—page 159]
28B.50.857
Title 28B RCW: Higher Education
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.859 Faculty tenure—Tenure retained upon
reduced work load assignment. An appointing authority
may allow a tenured faculty member to retain tenure upon
assignment to a reduced work load. The appointing authority and the faculty member shall execute a written agreement
setting forth the terms and conditions of the assignment,
including the conditions, if any, under which the faculty
member may return to full time employment. [1988 c 32 §
1.]
28B.50.860 Faculty tenure—Tenure retained upon
administrative appointment. A tenured faculty member,
upon appointment to an administrative appointment shall be
allowed to retain his tenure. [1977 ex.s. c 282 § 7; 1969
ex.s. c 283 § 38. Formerly RCW 28.85.860.]
Severability—1977 ex.s. c 282: See note following RCW
28B.50.870.
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.861 Faculty tenure—Dismissal only for
sufficient cause. The tenured faculty member shall not be
dismissed except for sufficient cause, nor shall a faculty
member who holds a probationary faculty appointment be
dismissed prior to the written terms of the appointment
except for sufficient cause. [1969 ex.s. c 283 § 39. Formerly RCW 28.85.861.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.862 Faculty tenure—Certain grounds
constituting sufficient cause. Sufficient cause shall also
include aiding and abetting or participating in: (1) Any
unlawful act of violence; (2) Any unlawful act resulting in
destruction of community college property; or (3) Any
unlawful interference with the orderly conduct of the
educational process. [1969 ex.s. c 283 § 40. Formerly
RCW 28.85.862.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.863 Faculty tenure—Review prior to
dismissal—Scope—Recommendations of review committee. Prior to the dismissal of a tenured faculty member, or
a faculty member holding an unexpired probationary faculty
appointment, the case shall first be reviewed by a review
committee. The review shall include testimony from all
interested parties including, but not limited to, other faculty
members and students. The faculty member whose case is
being reviewed shall be afforded the right of cross-examination and the opportunity to defend himself. The review
committee shall prepare recommendations on the action they
propose be taken and submit such recommendations to the
appointing authority prior to their final action. [1969 ex.s.
c 283 § 41. Formerly RCW 28.85.863.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
[Title 28B RCW—page 160]
28B.50.864 Faculty tenure—Appeal from decision
for dismissal—Procedure. Any faculty member dismissed
pursuant to RCW 28B.50.850 through 28B.50.869 shall have
a right to appeal the final decision of the appointing authority in accordance with RCW 34.05.510 through 34.05.598.
[1989 c 175 § 80; 1973 c 62 § 24; 1969 ex.s. c 283 § 42.
Formerly RCW 28.85.864.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Severability—1973 c 62: See notes following RCW
28B.10.510.
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.867 Faculty tenure—Tenure rights upon
transfer of employment to another community or technical college. Upon transfer of employment from one community or technical college to another community or technical
college within a district, a tenured faculty member shall have
the right to retain tenure and the rights accruing thereto
which he or she had in his or her previous employment:
PROVIDED, That upon permanent transfer of employment
to another college district a tenured faculty member shall not
have the right to retain his tenure or any of the rights
accruing thereto. [1991 c 238 § 69; 1969 ex.s. c 283 § 43.
Formerly RCW 28.85.867.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.868 Faculty tenure—Faculty members
currently employed granted tenure. All employees of a
community college district, except presidents, who were
employed in the community college district at the effective
date of chapter 283, Laws of 1969 ex. sess. and who hold or
have held a faculty appointment with the community college
district or its predecessor school district shall be granted
tenure by their appointing authority notwithstanding any
other provision of RCW 28B.50.850 through 28B.50.869.
[1970 ex.s. c 5 § 4; 1969 ex.s. c 283 § 44. Formerly RCW
28.85.868.]
Reviser’s note: The various provisions of chapter 283, Laws of 1969
ex. sess. became effective on several different dates. The effective date of
the provisions thereof relating to tenure appears to have been midnight
August 10, 1969, see preface, Laws of 1969 ex. sess., and see also 1969
ex.s. c 283 §§ 54 and 55 (uncodified).
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.869 Faculty tenure—Review committees,
composition—Selection of faculty representatives, student
representative. The review committees required by RCW
28B.50.850 through 28B.50.869 shall be composed of
members of the administrative staff, a student representative,
and the faculty. The representatives of the faculty shall
represent a majority of the members on each review committee. The members representing the faculty on each review
committee shall be selected by a majority of the faculty and
faculty department heads acting in a body. The student
representative, who shall be a full time student, shall be chosen by the student association of the particular community or
technical college in such manner as the members thereof
shall determine. [1993 c 188 § 2; 1991 c 238 § 70; 1974
(2002 Ed.)
Community and Technical Colleges
ex.s. c 33 § 2; 1969 ex.s. c 283 § 45. Formerly RCW
28.85.869.]
Construction—Effective date—Severability—1993 c 188: See notes
following RCW 28B.50.851.
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28B.50.870 Faculty tenure—For certain educational
programs operated in state correctional institutions. The
district board of trustees of any college district currently
operating an educational program with funds provided by
another state agency, including federal funds, which program
has been in existence for five or more years under the
administration of one or more college districts, shall provide
for the award or denial of tenure to anyone who holds a
special faculty appointment in such curricular program and
for as long as the program continues to be funded in such
manner, utilizing the prescribed probationary processes and
procedures set forth in this chapter with the exception that
no student representative shall be required to serve on the
review committee defined in RCW 28B.50.851: PROVIDED, That such review processes and procedures shall not be
applicable to faculty members whose contracts are renewed
after *the effective date of this 1977 amendatory act and
who have completed at least three consecutive years of
satisfactory full time service in such program, who shall be
granted tenure by the college district: PROVIDED FURTHER, That faculty members who have completed one year
or more of satisfactory full time service in such program
shall be credited with such service for the purposes of this
section: PROVIDED, FURTHER, That provisions relating
to tenure for faculty under the provisions of this section shall
be distinct from provisions relating to tenure for other
faculty of the college district and faculty appointed to such
special curricular program shall be treated as a separate unit
as respects selection, retention, reduction in force or dismissal hereunder: AND PROVIDED FURTHER, That the
provisions of this section shall only be applicable to faculty
holding a special faculty appointment in an educational
program operated in a state correctional institution pursuant
to a written contract with a college district. [1991 c 238 §
71; 1977 ex.s. c 282 § 1.]
*Reviser’s note: Phrase "the effective date of this 1977 amendatory
act": Except for RCW 28B.50.100 and 28B.50.101 which were effective
January 1, 1978, (see note following RCW 28B.50.100) the effective date
of 1977 ex.s. c 282 (the enactment of RCW 28B.50.870, 28B.50.090,
28B.50.140, 28B.50.300, and 28B.50.860 and the repeal of RCW
28B.50.570, 28B.50.590, 28B.50.750, and 28B.56.060) was September 21,
1977.
Severability—1977 ex.s. c 282: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 282 § 10.]
28B.50.872 Periodic posttenure evaluation. By June
30, 1994, each community and technical college shall
establish, through the local collective bargaining process,
periodic posttenure evaluation of all full-time faculty
consistent with the standards of the Northwest association of
schools and colleges. [1993 c 188 § 3.]
Construction—Effective date—Severability—1993 c 188: See notes
following RCW 28B.50.851.
(2002 Ed.)
28B.50.869
28B.50.873 Reduction in force of tenured or
probationary faculty members due to financial emergency—Conditions—Procedure—Rights. The college board
may declare a financial emergency under the following
conditions: (1) Reduction of allotments by the governor
pursuant to *RCW 43.88.110(2), or (2) reduction by the
legislature from one biennium to the next or within a
biennium of appropriated funds based on constant dollars
using the implicit price deflator. When a district board of
trustees determines that a reduction in force of tenured or
probationary faculty members may be necessary due to
financial emergency as declared by the state board, written
notice of the reduction in force and separation from employment shall be given the faculty members so affected by the
president or district president as the case may be. Said
notice shall clearly indicate that separation is not due to the
job performance of the employee and hence is without
prejudice to such employee and need only state in addition
the basis for the reduction in force as one or more of the
reasons enumerated in subsections (1) and (2) of this section.
Said tenured or probationary faculty members will have
a right to request a formal hearing when being dismissed
pursuant to subsections (1) and (2) of this section. The only
issue to be determined shall be whether under the applicable
policies, rules or collective bargaining agreement the
particular faculty member or members advised of severance
are the proper ones to be terminated. Said hearing shall be
initiated by filing a written request therefor with the president or district president, as the case may be, within ten days
after issuance of such notice. At such formal hearing the
tenure review committee provided for in RCW 28B.50.863
may observe the formal hearing procedure and after the
conclusion of such hearing offer its recommended decision
for consideration by the hearing officer. Failure to timely
request such a hearing shall cause separation from service of
such faculty members so notified on the effective date as
stated in the notice, regardless of the duration of any
individual employment contract.
The hearing required by this section shall be an adjudicative proceeding pursuant to chapter 34.05 RCW, the
Administrative Procedure Act, conducted by a hearing
officer appointed by the board of trustees and shall be
concluded by the hearing officer within sixty days after
written notice of the reduction in force has been issued. Ten
days written notice of the formal hearing will be given to
faculty members who have requested such a hearing by the
president or district president as the case may be. The
hearing officer within ten days after conclusion of such formal hearing shall prepare findings, conclusions of law and
a recommended decision which shall be forwarded to the
board of trustees for its final action thereon. Any such
determination by the hearing officer under this section shall
not be subject to further tenure review committee action as
otherwise provided in this chapter.
Notwithstanding any other provision of this section, at
the time of a faculty member or members request for formal
hearing said faculty member or members may ask for
participation in the choosing of the hearing officer in the
manner provided in RCW 28A.405.310(4), said employee
therein being a faculty member for the purposes hereof and
said board of directors therein being the board of trustees for
the purposes hereof: PROVIDED, That where there is more
[Title 28B RCW—page 161]
28B.50.873
Title 28B RCW: Higher Education
than one faculty member affected by the board of trustees’
reduction in force such faculty members requesting hearing
must act collectively in making such request: PROVIDED
FURTHER, That costs incurred for the services and expenses of such hearing officer shall be shared equally by the
community or technical college and the faculty member or
faculty members requesting hearing.
When more than one faculty member is notified of
termination because of a reduction in force as provided in
this section, hearings for all such faculty members requesting
formal hearing shall be consolidated and only one such
hearing for the affected faculty members shall be held, and
such consolidated hearing shall be concluded within the time
frame set forth herein.
Separation from service without prejudice after formal
hearing under the provisions of this section shall become
effective upon final action by the board of trustees.
It is the intent of the legislature by enactment of this
section and in accordance with RCW 28B.52.035, to modify
any collective bargaining agreements in effect, or any
conflicting board policies or rules, so that any reductions in
force which take place after December 21, 1981, whether in
progress or to be initiated, will comply solely with the
provisions of this section: PROVIDED, That any applicable
policies, rules, or provisions contained in a collective
bargaining agreement related to lay-off units, seniority and
re-employment rights shall not be affected by the provisions
of this paragraph.
Nothing in this section shall be construed to affect the
right of the board of trustees or its designated appointing
authority not to renew a probationary faculty appointment
pursuant to RCW 28B.50.857. [1991 c 238 § 72; 1990 c 33
§ 559; 1989 c 175 § 81; 1981 2nd ex.s. c 13 § 1.]
*Reviser’s note: RCW 43.88.110 was amended by 1991 c 358 § 2
changing subsection (2) to subsection (3).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 2nd ex.s. c 13: "If any provision of this act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1981 2nd ex.s. c 13 § 3.]
28B.50.874 Transfer of administration of vocational-technical institutes to system of community and
technical colleges—Personnel rights. When the state
system of community and technical colleges assumes
administrative control of the vocational-technical institutes,
personnel employed by the vocational-technical institutes
shall:
(1) Suffer no reduction in compensation, benefits,
seniority, or employment status. After September 1, 1991,
classified employees shall continue to be covered by chapter
41.56 RCW and faculty members and administrators shall be
covered by chapter 28B.50 RCW;
(2) To the extent applicable to faculty members, any
faculty currently employed on a "continuing contract" basis
under RCW 28A.405.210 be awarded tenure pursuant to
RCW 28B.50.851 through 28B.50.873, except for any faculty
members who are provisional employees under RCW 28A.405.220;
(3) Be eligible to participate in the health care and other
insurance plans provided by the health care authority and the
[Title 28B RCW—page 162]
state employee benefits board pursuant to chapter 41.05
RCW;
(4) Be eligible to participate in old age annuities or
retirement income plans under the rules of the state board for
community and technical colleges pursuant to RCW
28B.10.400 or the teachers’ retirement system plan 1 for
personnel employed before July 1, 1977, or plan 2 for
personnel employed after July 1, 1977, under chapter 41.32
RCW; however, no affected vocational-technical institute
employee shall be required to choose from among any
available retirement plan options prior to six months after
September 1, 1991;
(5) Have transferred to their new administrative college
district all accrued sick and vacation leave and thereafter
shall earn and use all such leave under the rule established
pursuant to RCW 28B.50.551;
(6) Be eligible to participate in the deferred compensation plan and the dependent care program pursuant to RCW
41.04.600 under the applicable rules.
An exclusive bargaining representative certified to
represent a bargaining unit covering employees of a vocational technical institute on September 1, 1991, shall remain
the exclusive representative of such employees thereafter
until and unless such representative is replaced or decertified
in accordance with state law.
Any collective bargaining agreement in effect on June
30, 1991, shall remain in effect as it applies to employees of
vocational technical institutes until its expiration or renewal
date or until renegotiated or renewed in accordance with
chapter 28B.52 or 41.56 RCW. After the expiration date of
a collective bargaining agreement, all of the terms and
conditions specified in the collective bargaining agreement,
as it applies to employees of vocational-technical institutes,
shall remain in effect until the effective date of a subsequent
agreement, not to exceed one year from the termination date
stated in the agreement. The board of trustees and the
employees may mutually agree to continue the terms and
conditions of the agreement beyond the one year extension.
However, nothing in this section shall be construed to deny
any employee right granted under chapter 28B.52 or 41.56
RCW. Labor relations processes and agreements covering
faculty members of vocational technical institutes after
September 1, 1991, shall be governed by chapter 28B.52
RCW. Labor relations processes and agreements covering
classified employees of vocational technical institutes after
September 1, 1991, shall continue to be governed by chapter
41.56 RCW. [1998 c 116 § 14; 1991 c 238 § 83.]
28B.50.8742 Technical colleges—Employee option
to reenroll in public employees’ benefits trust. Employees
of technical colleges who were members of the [a] public
employees’ benefits trust and as a result of chapter 238,
Laws of 1991, were required to enroll in public employees’
benefits board-sponsored plans, must decide whether to
reenroll in the trust by January 1, 1996, or the expiration of
the current collective bargaining agreements, whichever is
later. Employees of a bargaining unit or administrative or
managerial employees otherwise not included in a bargaining
unit shall be required to transfer by group. Administrative
or managerial employees shall transfer in accordance with
rules established by the health care authority. If employee
(2002 Ed.)
Community and Technical Colleges
groups elect to transfer, they are eligible to reenroll in the
public employees’ benefits board-sponsored plans. This onetime reenrollment option in the public employees’ benefits
board-sponsored plans is available to be exercised in January
2001, or only every five years thereafter, until exercised.
[1995 1st sp.s. c 6 § 10.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
28B.50.8744 Technical colleges—Payment to public
employees’ and retirees’ insurance account. (1) In a
manner prescribed by the state health care authority, technical colleges who have employees enrolled in a benefits
trust shall remit to the health care authority for deposit in the
public employees’ and retirees’ insurance account established
in RCW 41.05.120 the amount specified for remittance in the
omnibus appropriations act.
(2) The remittance requirements of this section do not
apply to employees of a technical college who receive
insurance benefits through contracts with the health care
authority. [1995 1st sp.s. c 6 § 19.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
28B.50.875 Laboratory services for the analyzing of
samples, public agencies may contract with college for.
Local law enforcement agencies or such other public agencies that shall be in need of such service may contract with
any community or technical college for laboratory services
for the analyzing of samples that chemists associated with
such colleges may be able to perform under such terms and
conditions as the individual college may determine.
Employees of the Seattle Vocational Institute are exempt
from this section until July 1, 1993. [1991 c 238 § 73; 1969
ex.s. c 261 § 35. Formerly RCW 28.85.875.]
Severability—1969 ex.s. c 261: See note following RCW
28B.50.020.
28B.50.877 Technical colleges—Purchase of support
services from school districts. During the period from May
17, 1991, until September 1, 1991:
(1) The executive director of the state board for community and technical colleges, or the executive director’s
designee, may enter into contracts, or agreements for goods,
services, and personnel, on behalf of the technical college,
which are effective after September 1, 1991. The executive
director, or the executive director’s designee, may conduct
business, including budget approval, relevant to the operation
of the technical college in the period subsequent to September 1, 1991.
(2) Vocational-technical institute directors may conduct
business relevant to the operation of the vocational-technical
institutes. School boards and superintendents may not
restrict or remove powers previously delegated to the
vocational-technical institute directors during the 1990-91
school year.
(3) Technical colleges’ boards of trustees appointed
before September 1, 1991, shall serve in an advisory
capacity to the vocational-technical institute director.
As of September 1, 1991, technical colleges may, by
interlocal agreement, continue to purchase from the school
(2002 Ed.)
28B.50.8742
districts, support services within mutually agreed upon
categories at a cost not to exceed the indirect rate charged
during the 1990-91 school year. No employee of a technical
college may be discriminated against based on actions or
opinions expressed on issues surrounding chapter 238, Laws
of 1991. Any dispute related to issues contained in this
section shall be resolved under RCW 28B.50.302. [1991 c
238 § 143.]
28B.50.880 Apprentices—Recommendations of the
state board for community and technical colleges. The
state board for community and technical colleges shall provide recommendations to the apprenticeship council and
apprenticeship programs, established under chapter 49.04
RCW, on matters of related and supplemental instruction for
apprentices, coordination of instruction with job experiences,
and the qualification of teachers for such instruction. [2001
c 204 § 8; 1991 c 238 § 111.]
28B.50.910 Severability—1969 ex.s. c 223. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 223 § 28B.50.910. Prior:
1967 ex.s. c 8 § 72. Formerly RCW 28.85.910.]
28B.50.912 Transfer of powers from superintendent
of public instruction and state board of education to state
board for community and technical colleges. All powers,
duties, and functions of the superintendent of public instruction and the state board of education pertaining to
projects of adult education, including the state-funded Even
Start and including the adult education programs operated
pursuant to 20 U.S.C. Sec. 1201 as amended by P.L.
100-297, are transferred to the state board for community
and technical colleges. All references to the director or
superintendent of public instruction or the state board of
education in the Revised Code of Washington shall be
construed to mean the director or the state board for community and technical colleges when referring to the functions
transferred in this section. [1991 c 238 § 85.]
28B.50.913 Transfer of powers from Washington
institute for applied technology to Seattle Vocational
Institute. The public nonprofit corporation for the Washington institute for applied technology is hereby abolished and
its powers, duties, and functions are hereby transferred to the
sixth college district. The Washington institute for applied
technology shall be renamed the Seattle Vocational Institute.
The Seattle Vocational Institute shall become a fourth unit
of the sixth college district. All references to the director or
public nonprofit corporation for the Washington institute for
applied technology in the Revised Code of Washington shall
be construed to mean the director of the Seattle Vocational
Institute. [1991 c 238 § 94.]
28B.50.914 Transfer of powers from school districts
to state board for community and technical colleges. All
powers, duties, and functions of the school district pertaining
to a vocational-technical institute are transferred to the state
board for community and technical colleges until the estab[Title 28B RCW—page 163]
28B.50.914
Title 28B RCW: Higher Education
lishment of local boards of trustees with authority for the
technical college. All references to the director or school
district in the Revised Code of Washington shall be construed to mean the director or state board for community and
technical colleges when referring to the functions transferred
in this section. [1991 c 238 § 116.]
28B.50.915 Transfer of powers from superintendent
of public instruction to state board for community and
technical colleges. All powers, duties, and functions of the
superintendent of public instruction pertaining to vocationaltechnical institutes are transferred to the state board for community and technical colleges. All references to the director
or superintendent of public instruction in the Revised Code
of Washington shall be construed to mean the director or
state board for community and technical colleges when
referring to the functions transferred in this section. [1991
c 238 § 122.]
28B.50.917 Effective dates—1991 c 238. Sections 1
through 7, 14 through 19, 24 through 28, 33, 76 through 81,
85 through 111, 114, 140 through 144, and 164 of this act
are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions.
Sections 33, 114, and 142 through 144 of this act shall
take effect immediately.
Sections 1 through 8, 14 through 19, 24 through 28, 76
through 81, 85 through 111, 140, 141, and 164 of this act
shall take effect July 1, 1991.
Sections 20 through 23, 29 through 32, 34 through 75,
82 through 84, 112, 113, 115 through 139, and 145 through
158 of this act shall take effect September 1, 1991.
Sections 8 through 13 of this act shall take effect
October 1, 1991. [1991 c 238 § 166.]
28B.50.918 Severability—1991 c 238. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 c 238 § 167.]
Chapter 28B.52
COLLECTIVE BARGAINING—ACADEMIC
PERSONNEL IN COMMUNITY COLLEGES
(Formerly: Negotiations by academic personnel—Community
college districts)
Sections
28B.52.010
28B.52.020
28B.52.025
28B.52.030
28B.52.035
28B.52.040
28B.52.045
28B.52.050
28B.52.060
Declaration of purpose.
Definitions.
Right to organize or refrain from organizing.
Representatives of employee organization—Right to collective bargaining.
Negotiations reduced to written agreements—Provisions
relating to salary increases—Restrictions.
Negotiated agreements—Procedures for binding arbitration.
Collective bargaining agreement—Exclusive bargaining
representative—Union security provisions—Dues and
fees.
Academic employee may appear in own behalf.
Commission—Mediation activities—Other dispute resolution procedures authorized.
[Title 28B RCW—page 164]
28B.52.065
28B.52.070
28B.52.073
28B.52.078
28B.52.080
28B.52.090
28B.52.100
28B.52.200
28B.52.210
28B.52.220
28B.52.300
28B.52.900
Commission’s adjudication of unfair labor practices—
Rules—Binding arbitration authorized.
Discrimination prohibited.
Unfair labor practices.
Strikes and lockouts prohibited—Violations—Remedies.
Commission to adopt rules and regulations—Boards may
request commission services.
Prior agreements.
State higher education administrative procedure act not to
affect.
Scope of chapter—Limitations—When attempts to resolve
dispute required.
Scope of chapter—Community and technical colleges faculty awards trust program.
Scope of chapter—Community and technical colleges parttime academic employees.
Construction of chapter.
Severability—1987 c 314.
28B.52.010 Declaration of purpose. It is the purpose
of this chapter to strengthen methods of administering
employer-employee relations through the establishment of
orderly methods of communication between academic
employees and the college districts by which they are
employed.
It is the purpose of this chapter to promote cooperative
efforts by prescribing certain rights and obligations of the
employees and employers and by establishing orderly
procedures governing the relationship between the employees
and their employers which procedures are designed to meet
the special requirements and needs of public employment in
higher education. It is the intent of this chapter to promote
activity that includes the elements of open communication
and access to information in a timely manner, with reasonable discussion and interpretation of that information. It
is the further intent that such activity shall be characterized
by mutual respect, integrity, reasonableness, and a desire on
the part of the parties to address and resolve the points of
concern. [1991 c 238 § 145; 1987 c 314 § 1; 1971 ex.s. c
196 § 1.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.020 Definitions. As used in this chapter:
(1) "Employee organization" means any organization
which includes as members the academic employees of a
college district and which has as one of its purposes the
representation of the employees in their employment relations with the college district.
(2) "Academic employee" means any teacher, counselor,
librarian, or department head, who is employed by any
college district, whether full or part time, with the exception
of the chief administrative officer of, and any administrator
in, each college district.
(3) "Administrator" means any person employed either
full or part time by the college district and who performs
administrative functions as at least fifty percent or more of
his or her assignments, and has responsibilities to hire, dismiss, or discipline other employees. Administrators shall not
be members of the bargaining unit unless a majority of such
administrators and a majority of the bargaining unit elect by
secret ballot for such inclusion pursuant to rules as adopted
in accordance with RCW 28B.52.080.
(4) "Commission" means the public employment
relations commission.
(2002 Ed.)
Collective Bargaining—Academic Personnel in Community Colleges
(5) "Unfair labor practice" means any unfair labor
practice listed in RCW 28B.52.073.
(6) "Union security provision" means a provision in a
collective bargaining agreement under which some or all
employees in the bargaining unit may be required, as a
condition of continued employment on or after the thirtieth
day following the beginning of such employment or the
effective date of the provision, whichever is later, to become
a member of the exclusive bargaining representative or pay
an agency fee equal to the periodic dues and initiation fees
uniformly required as a condition of acquiring or retaining
membership in the exclusive bargaining representative.
(7) "Exclusive bargaining representative" means any
employee organization which has:
(a) Been certified or recognized under this chapter as
the representative of the employees in an appropriate
collective bargaining unit; or
(b) Before July 26, 1987, been certified or recognized
under a predecessor statute as the representative of the
employees in a bargaining unit which continues to be
appropriate under this chapter.
(8) "Collective bargaining" and "bargaining" mean the
performance of the mutual obligation of the representatives
of the employer and the exclusive bargaining representative
to meet at reasonable times to bargain in good faith in an
effort to reach agreement with respect to wages, hours, and
other terms and conditions of employment, such as procedures related to nonretention, dismissal, denial of tenure, and
reduction in force. Prior law, practice, or interpretation shall
be neither restrictive, expansive, nor determinative with
respect to the scope of bargaining. A written contract
incorporating any agreements reached shall be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a
concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which items are mandatory subjects for bargaining.
[1991 c 238 § 146; 1987 c 314 § 2; 1975 1st ex.s. c 296 §
12; 1973 1st ex.s. c 205 § 1; 1971 ex.s. c 196 § 2.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Effective date—1975 1st ex.s. c 296 § 12: See RCW 41.58.901.
Severability—1973 1st ex.s. c 205: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 205 § 7.]
Public employment relations commission: Chapter 41.58 RCW.
28B.52.025 Right to organize or refrain from
organizing. Employees have the right to self-organization,
to form, join, or assist employee organizations, to bargain
collectively through representatives of their own choosing,
and also have the right to refrain from any or all of these
activities except to the extent that employees may be
required to make payments to an exclusive bargaining
representative or charitable organization under a union
security provision authorized in this chapter. [1987 c 314 §
5.]
(2002 Ed.)
28B.52.020
28B.52.030 Representatives of employee organization—Right to collective bargaining. Representatives of an
employee organization, which organization shall by secret
ballot have won a majority in an election to represent the
academic employees within its college district, shall have the
right to bargain as defined in RCW 28B.52.020(8). [1991 c
238 § 147; 1987 c 314 § 3; 1973 1st ex.s. c 205 § 2; 1971
ex.s. c 196 § 3.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.035 Negotiations reduced to written agreements—Provisions relating to salary increases—
Restrictions. At the conclusion of any negotiation processes
as provided for in RCW 28B.52.030, any matter upon which
the parties have reached agreement shall be reduced to
writing and acted upon in a regular or special meeting of the
boards of trustees, and become part of the official proceedings of said board meeting. Provisions of written contracts
relating to salary increases shall not exceed the amount or
percentage established by the legislature in the appropriations
act and allocated to the board of trustees by the state board
for community and technical colleges. The length of term
of any such agreement shall be for not more than three fiscal
years. Any provisions of these agreements pertaining to
salary increases will not be binding upon future actions of
the legislature. If any provision of a salary increase is
changed by subsequent modification of the appropriations act
by the legislature, both parties shall immediately enter into
collective bargaining for the sole purpose of arriving at a
mutually agreed upon replacement for the modified provision. [1991 c 238 § 148; 1987 c 314 § 4; 1973 1st ex.s. c
205 § 4.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.040 Negotiated agreements—Procedures for
binding arbitration. A board of trustees or an employee
organization that enters into a negotiated agreement under
RCW 28B.52.030 may include in the agreement procedures
for binding arbitration of the disputes arising about the
interpretation or application of the agreement including but
not limited to nonretention, dismissal, denial of tenure, and
reduction in force. [1987 c 314 § 6.]
28B.52.045 Collective bargaining agreement—
Exclusive bargaining representative—Union security
provisions—Dues and fees. (1) Upon filing with the
employer the voluntary written authorization of a bargaining
unit employee under this chapter, the employee organization
which is the exclusive bargaining representative of the bargaining unit shall have the right to have deducted from the
salary of the bargaining unit employee the periodic dues and
initiation fees uniformly required as a condition of acquiring
or retaining membership in the exclusive bargaining representative. Such employee authorization shall not be irrevocable for a period of more than one year. Such dues and
fees shall be deducted from the pay of all employees who
[Title 28B RCW—page 165]
28B.52.045
Title 28B RCW: Higher Education
have given authorization for such deduction, and shall be
transmitted by the employer to the employee organization or
to the depository designated by the employee organization.
(2) A collective bargaining agreement may include
union security provisions, but not a closed shop. If an
agency shop or other union security provision is agreed to,
the employer shall enforce any such provision by deductions
from the salary of bargaining unit employees affected
thereby and shall transmit such funds to the employee
organization or to the depository designated by the employee
organization.
(3) An employee who is covered by a union security
provision and who asserts a right of nonassociation based on
bona fide religious tenets or teachings of a church or
religious body of which such employee is a member shall
pay to a nonreligious charity or other charitable organization
an amount of money equivalent to the periodic dues and
initiation fees uniformly required as a condition of acquiring
or retaining membership in the exclusive bargaining representative. The charity shall be agreed upon by the employee
and the employee organization to which such employee
would otherwise pay the dues and fees. The employee shall
furnish written proof that such payments have been made.
If the employee and the employee organization do not reach
agreement on such matter, the commission shall designate
the charitable organization. [1987 c 314 § 8.]
28B.52.050 Academic employee may appear in own
behalf. Nothing in this chapter shall prohibit any academic
employee from appearing in his or her own behalf on
matters relating to his or her employment relations with the
college district. [1991 c 238 § 149; 1971 ex.s. c 196 § 4.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.060 Commission—Mediation activities—
Other dispute resolution procedures authorized. The
commission shall conduct mediation activities upon the
request of either party as a means of assisting in the settlement of unresolved matters considered under this chapter.
In the event that any matter being jointly considered by
the employee organization and the board of trustees of the
college district is not settled by the means provided in this
chapter, either party, twenty-four hours after serving written
notice of its intended action to the other party, may, request
the assistance and advice of the commission. Nothing in this
section prohibits an employer and an employee organization
from agreeing to substitute, at their own expense, some other
impasse procedure or other means of resolving matters
considered under this chapter. [1991 c 238 § 150; 1987 c
314 § 9; 1975 1st ex.s. c 296 § 13; 1973 1st ex.s. c 205 § 3;
1971 ex.s. c 196 § 5.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Effective date—1975 1st ex.s. c 296 § 13: See RCW 41.58.901.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.065 Commission’s adjudication of unfair
labor practices—Rules—Binding arbitration authorized.
The commission may adjudicate any unfair labor practices
[Title 28B RCW—page 166]
alleged by a board of trustees or an employee organization
and shall adopt reasonable rules to administer this section.
However, the parties may agree to seek relief from unfair
labor practices through binding arbitration. [1987 c 314 §
10.]
28B.52.070 Discrimination prohibited. Boards of
trustees of college districts or any administrative officer
thereof shall not discriminate against academic employees or
applicants for such positions because of their membership or
nonmembership in employee organizations or their exercise
of other rights under this chapter. [1991 c 238 § 151; 1971
ex.s. c 196 § 6.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.073 Unfair labor practices. (1) It shall be an
unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in
the exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules adopted by the commission, an employer shall not be
prohibited from permitting employees to confer with it or its
representatives or agents during working hours without loss
of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment, or any term or condition of employment;
(d) To discharge or discriminate otherwise against an
employee because that employee has filed charges or given
testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee
organization:
(a) To restrain or coerce an employee in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or to an employer in the selection of its representatives for
the purpose of bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to
discriminate against an employee in violation of subsection
(1)(c) of this section;
(c) To discriminate against an employee because that
employee has filed charges or given testimony under this
chapter;
(d) To refuse to bargain collectively with an employer.
(3) The expressing of any views, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be
evidence of an unfair labor practice under this chapter, if
such expression contains no threat of reprisal or force or
promise of benefit. [1987 c 314 § 11.]
28B.52.078 Strikes and lockouts prohibited—
Violations—Remedies. The right of college faculty to
(2002 Ed.)
Collective Bargaining—Academic Personnel in Community Colleges
engage in any strike is prohibited. The right of a board of
trustees to engage in any lockout is prohibited. Should
either a strike or lockout occur, the representative of the
faculty or board of trustees may invoke the jurisdiction of
the superior court in the county in which the labor dispute
exists and such court shall have jurisdiction to issue an appropriate order against either or both parties. In fashioning
an order, the court shall take into consideration not only the
elements necessary for injunctive relief but also the purpose
and goals of this chapter and any mitigating factors such as
the commission of an unfair labor practice by either party.
[1991 c 238 § 152; 1987 c 314 § 13.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.080 Commission to adopt rules and regulations—Boards may request commission services. The
commission shall adopt reasonable rules and regulations for
the administration of employer-employee relations under this
chapter. The boards may request the services of the commission to assist in the conduction of certification elections
as provided for in RCW 28B.52.030. [1975 1st ex.s. c 296
§ 14; 1973 1st ex.s. c 205 § 5; 1971 ex.s. c 196 § 7.]
Effective date—1975 1st ex.s. c 296 § 14: See 1975-’76 2nd ex.s.
c 5 § 8, RCW 41.58.901.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.090 Prior agreements. Nothing in this
chapter shall be construed to annul or modify, or to preclude
the renewal or continuation of, any lawful agreement heretofore entered into between any college district and any
representative of its employees. [1991 c 238 § 153; 1971
ex.s. c 196 § 8.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28B.52.100 State higher education administrative
procedure act not to affect. Contracts or agreements, or
any provision thereof entered into between boards of trustees
and employees organizations pursuant to this chapter shall
not be affected by or be subject to chapter 34.05 RCW.
[1971 ex.s. c 196 § 9.]
28B.52.200 Scope of chapter—Limitations—When
attempts to resolve dispute required. Nothing in chapter
28B.52 RCW as now or hereafter amended shall compel
either party to agree to a proposal or to make a concession,
nor shall any provision in chapter 28B.52 RCW as now or
hereafter amended be construed as limiting or precluding the
exercise by each college board of trustees of any powers or
duties authorized or provided to it by law unless such
exercise is contrary to the terms and conditions of any lawful
negotiated agreement, except that other than to extend the
terms of a previous contract, a board of trustees shall not
take unilateral action on any unresolved issue under negotiation, unless the parties have first participated in good faith
mediation or some other procedure as authorized by RCW
28B.52.060 to seek resolution of the issue. [1991 c 238 §
154; 1987 c 314 § 12; 1973 1st ex.s. c 205 § 6.]
(2002 Ed.)
28B.52.078
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1973 1st ex.s. c 205: See note following RCW
28B.52.020.
28B.52.210 Scope of chapter—Community and
technical colleges faculty awards trust program. With
respect to the community and technical colleges faculty
awards trust program, the permissible scope of collective
bargaining under this chapter shall be governed by RCW
28B.50.843. [1991 c 238 § 155; 1990 c 29 § 6.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1990 c 29: See note following RCW 28B.50.835.
28B.52.220 Scope of chapter—Community and
technical colleges part-time academic employees. With
respect to the community and technical colleges part-time
academic employees, the permissible scope of collective
bargaining under this chapter shall be governed by RCW
28B.50.4893 and 28B.50.489. [2000 c 128 § 4.]
Construction—2000 c 128: "Nothing contained in this act may be
construed to alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement." [2000 c 128 § 5.]
28B.52.300 Construction of chapter. Except as
otherwise expressly provided in this chapter, this chapter
shall not be construed to deny or otherwise abridge any
rights, privileges, or benefits granted by law to employees.
This chapter shall not be construed to interfere with the
responsibilities and rights of the board of trustees as specified by federal and state law. [1987 c 314 § 7.]
28B.52.900 Severability—1987 c 314. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 314 § 15.]
Chapter 28B.56
1972 COMMUNITY COLLEGES FACILITIES AID—
BOND ISSUE
Sections
28B.56.010
28B.56.020
28B.56.040
28B.56.050
28B.56.070
28B.56.080
28B.56.090
28B.56.100
28B.56.110
28B.56.120
Purpose.
Bonds authorized—Payment—Limitations.
Proceeds from bond sale—Administration and expenditure.
"Community college facilities" defined.
Referral to electorate.
Form, terms, conditions and manner of sale and issuance—
Limitation.
Anticipation notes—Authorized—Contents—Payment.
Community college capital improvements bond redemption
fund of 1972—Created—Tax receipts—Use of funds—
Use of debt-limit general fund bond retirement account.
Legislature may provide additional means of revenue.
Bonds as legal investment for state and municipal corporation funds.
28B.56.010 Purpose. The community colleges of the
state of Washington have more than doubled their enrollment
since 1966, including a three hundred percent increase in
occupational education. The capital fund resources of the
[Title 28B RCW—page 167]
28B.56.010
Title 28B RCW: Higher Education
state community college system are not adequate to meet the
facility needs of today’s students. Major increments of
community college facilities will be needed to serve the still
growing numbers of commuting youth and adults attending
the community college system. A determination of the
facility needs of each college has been made through the
uniform application of guidelines developed by the *state
board for community college education to evaluate facility
needs. [1972 ex.s. c 133 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Legislative direction—1972 ex.s. c 133: "Upon adoption and
ratification by the people as provided for in section 7 of this act, sections
1 through 12 herein shall constitute a new chapter in Title 28B RCW."
[1972 ex.s. c 133 § 13.]
28B.56.020 Bonds authorized—Payment—
Limitations. For the purpose of providing funds for the
acquisition, construction and improvement of community
college facilities in this state, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of fifty million dollars or so much
thereof as may be required to finance the improvements
defined in this chapter and all costs incidental thereto. These
bonds shall be paid and discharged within twenty years of
the date of issuance, or within thirty years, should Article
VIII of the Constitution of the state of Washington be
amended to permit such longer term. No bonds authorized
by this chapter shall be offered for sale without prior
legislative appropriation of the proceeds of such bonds to be
sold. [1977 ex.s. c 242 § 5; 1972 ex.s. c 133 § 2.]
Severability—1977 ex.s. c 242: See note following RCW
43.83A.020.
28B.56.040
Proceeds from bond sale—
Administration and expenditure. The proceeds from the
sale of bonds deposited in the community college capital
improvements account shall be administered and expended
by the *state board for community college education subject
to legislative appropriation. [1972 ex.s. c 133 § 4.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
28B.56.050 "Community college facilities" defined.
For the purposes of this chapter, the term "community
college facilities" shall mean and include, but not be limited
to, vocational facilities, including capital equipment acquisition, and such other specific projects as approved and
funded for planning purposes by the legislature which shall
include general education classrooms, science laboratories,
faculty offices, student dining facilities, library and media
facilities, offices for student personnel services and administrative personnel, and all real property and interests therein,
equipment, parking facilities, utilities, appurtenances and
landscaping incidental to such facilities. [1972 ex.s. c 133
§ 5.]
28B.56.070 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
[Title 28B RCW—page 168]
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s.
c 133 § 7.]
Reviser’s note: Chapter 28B.56 RCW was adopted and ratified by
the people at the November 7, 1972, general election (Referendum Bill No.
31). Governor’s proclamation declaring approval of measure is dated
December 7, 1972.
28B.56.080 Form, terms, conditions and manner of
sale and issuance—Limitation. The state finance committee is authorized to prescribe the form, terms, conditions and
covenants of the bonds, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale and issuance. None of the bonds herein authorized shall
be sold for less than their par value. [1972 ex.s. c 133 § 8.]
28B.56.090 Anticipation notes—Authorized—
Contents—Payment. When the state finance committee has
decided to issue such bonds or a portion thereof, it may,
pending the issuing of such bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of such bonds, which notes shall be
designated as "anticipation notes". Such portion of the
proceeds of the sale of such bonds as may be required for
such purpose shall be applied to the payment of the principal
of and interest on such anticipation notes which have been
issued. The bonds and notes shall pledge the full faith and
credit of the state of Washington and shall contain an
unconditional promise to pay the principal and interest when
due. The state finance committee may authorize the use of
a printed facsimile of the seal of the state of Washington in
the issuance of bonds and notes. [1972 ex.s. c 133 § 9.]
28B.56.100 Community college capital improvements bond redemption fund of 1972—Created—Tax receipts—Use of funds—Use of debt-limit general fund
bond retirement account. The community college capital
improvements bond redemption fund of 1972 is created in
the state treasury. This fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds
authorized by this chapter. The state finance committee
shall, on or before June 30 of each year, certify to the state
treasurer the amount needed in the ensuing twelve months to
meet bond retirement and interest requirements, and on July
1 of each year, the state treasurer shall deposit such amount
in the community college capital improvements bond
redemption fund of 1972 from moneys transmitted to the
state treasurer by the department of revenue and certified by
the department of revenue to be retail sales tax collections.
Such amount certified by the state finance committee to the
state treasurer shall be a prior charge against all retail sales
tax revenues of the state of Washington, except that portion
thereof heretofore pledged for the payment of bond principal
and interest.
The owner and holder of each of the bonds or the
trustee for any of the bonds may by mandamus or other
(2002 Ed.)
1972 Community Colleges Facilities Aid—Bond Issue
appropriate proceeding require the transfer and payment of
funds as directed herein.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997
and becomes effective prior to the issuance of any of the
bonds authorized by this chapter, the debt-limit general fund
bond retirement account shall be used for the purposes of
this chapter in lieu of the community college capital improvements bonds redemption fund of 1972. [1997 c 456 §
10; 1972 ex.s. c 133 § 10.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
28B.56.110 Legislature may provide additional
means of revenue. The legislature may provide additional
means for raising moneys for the payment of the principal
and interest of the bonds authorized herein, and this chapter
shall not be deemed to provide an exclusive method for such
payment. [1972 ex.s. c 133 § 11.]
28B.56.120 Bonds as legal investment for state and
municipal corporation funds. The bonds herein authorized
shall be a legal investment for all state funds or for funds
under state control and for all funds of municipal corporations. [1972 ex.s. c 133 § 12.]
Chapter 28B.57
1975 COMMUNITY COLLEGE SPECIAL CAPITAL
PROJECTS BOND ACT
Sections
28B.57.010
28B.57.020
28B.57.030
28B.57.040
28B.57.050
28B.57.060
28B.57.070
28B.57.080
28B.57.090
28B.57.100
State general obligation bonds in lieu of building, limited
obligation bonds—"Community college capital projects"
defined.
Amount of bonds authorized.
Projects enumerated.
Bond anticipation notes, authorized, payment—Form, terms,
conditions, sale and covenants of bonds and notes.
Disposition of proceeds—1975 community college capital
construction account, use.
Administration of proceeds from bonds and notes.
1975 community college capital construction bond retirement fund—Created—Purpose.
Moneys to be transferred from community college account
to state general fund—Limitation.
Bonds as legal investment for public funds.
Prerequisite to bond issuance.
28B.57.010 State general obligation bonds in lieu of
building, limited obligation bonds—"Community college
capital projects" defined. The legislature has previously
approved by its appropriation of funds from time to time,
certain capital projects for the state community colleges,
which appropriations were to be funded primarily by the
issuance of building, limited obligation bonds by the *state
board for community college education (hereinafter in this
chapter called the "college board"). In order that any future
appropriations for such approved capital projects may be
funded on terms most advantageous to the state, it is hereby
determined to be in the public interest to provide for the
issuance of state general obligation bonds, in lieu of building, limited obligation bonds.
(2002 Ed.)
28B.56.100
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights of way,
easements, improvements or appurtenances in relation
thereto. [1985 c 390 § 61; 1975 1st ex.s. c 65 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—1975 1st ex.s. c 65: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances,
shall in no way be affected." [1975 1st ex.s. c 65 § 13.]
28B.57.020 Amount of bonds authorized. For the
purpose of providing funds for carrying out the community
college capital projects described in RCW 28B.57.030, and
to fund indebtedness and expenditures heretofore incurred for
such projects, the state finance committee is hereby authorized to issue from time to time general obligation bonds of
the state of Washington in the aggregate principal amount of
nine million dollars, or so much thereof as may be required
for such purposes, to be paid and discharged within thirty
years of the date or dates of issuance, in accordance with
Article VIII, section 1 of the Constitution of the state of
Washington. [1975 1st ex.s. c 65 § 2.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.030 Projects enumerated. The community
college capital projects referred to in RCW 28B.57.020 are
(1) at Walla Walla Community College, for construction of
vocational facilities, Phase II, at a cost of not more than two
million two thousand three hundred ninety-nine dollars and
(2) at Seattle Central Community College, for remodeling of
Edison South High School, at a cost of not more than six
million nine hundred ninety-seven thousand six hundred and
one dollars, which projects were to be primarily funded, but
have not heretofore been sufficiently funded, from the
proceeds of general tuition fee, limited obligation bonds
issued by the college board. [1975 1st ex.s. c 65 § 3.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.040 Bond anticipation notes, authorized,
payment—Form, terms, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds or a
portion thereof, it may, pending the issuance thereof, issue
in the name of the state temporary notes in anticipation of
the issuance of such bonds, which notes shall be designated
as "bond anticipation notes". Such portion of the proceeds
of the sale of such bonds as may be required for the payment of principal and redemption premium, if any, of and
interest on such notes shall be applied thereto when such
bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds
and/or the bond anticipation notes, the time or times of sale
[Title 28B RCW—page 169]
28B.57.040
Title 28B RCW: Higher Education
of all or any portion of them, and the conditions and manner
of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 65 § 4.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.050 Disposition of proceeds—1975 community college capital construction account, use. The proceeds
from the sale of the bonds authorized herein, together with
all grants, donations, transferred funds, and all other moneys
which the state finance committee or the college board may
direct the state treasurer to deposit therein, shall be deposited
in the 1975 community college capital construction account,
hereby created in the state treasury. [1991 sp.s. c 13 § 51;
1985 c 57 § 18; 1975 1st ex.s. c 65 § 5.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
Disposition of proceeds from sale of bonds and notes—1977 community
college capital projects bond act: RCW 28B.59B.040.
28B.57.060 Administration of proceeds from bonds
and notes. All proceeds of the bonds authorized in this
chapter shall be administered by the college board exclusively for the purposes specified in this chapter and for the
payment of the expenses incurred in connection with the sale
and issuance of such bonds and bond anticipation notes.
[1975 1st ex.s. c 65 § 6.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.070 1975 community college capital construction bond retirement fund—Created—Purpose. The
1975 community college capital construction bond retirement
fund is hereby created in the state treasury for the purpose
of the payment of principal of and interest on the bonds
authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30 of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 community college
capital construction bond retirement fund an amount equal to
the amount certified by the state finance committee. [1975
1st ex.s. c 65 § 7.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
Disposition of proceeds from sale of bonds and notes—1977 community
college capital projects bond act: RCW 28B.59B.040.
28B.57.080 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30 of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
[Title 28B RCW—page 170]
amount at least equal to the amount required in the next
succeeding twelve months for the payment of principal of
and interest on the bonds issued pursuant to this chapter. On
July 1st of each such year, the state treasurer shall withdraw
said sum from the community college capital projects
account and deposit said sum in the state general fund:
PROVIDED, That withdrawal of building fees from the
community college capital projects account for deposit into
the state general fund pursuant to the provisions of this
section shall be made only after provision has first been
made for the payment in full of the principal of and interest
on all outstanding building, limited obligation bonds of the
college board coming due in the twelve months next succeeding July 1 of each such year, and for any reserve
account deposits necessary for such outstanding bonds in the
same period. [1985 c 390 § 63; 1975 1st ex.s. c 65 § 8.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.090 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 65 § 9.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
28B.57.100 Prerequisite to bond issuance. The
bonds authorized in this chapter shall be issued only after the
college board has certified to the state finance committee
that its projected building fees revenue shall be adequate,
based upon reasonable projections of student enrollments, for
the college board to meet the requirements of RCW
28B.57.080, during the life of the bonds proposed to be
issued. [1985 c 390 § 62; 1975 1st ex.s. c 65 § 10.]
Severability—1975 1st ex.s. c 65: See note following RCW
28B.57.010.
Chapter 28B.58
1975 COMMUNITY COLLEGE GENERAL CAPITAL
PROJECTS BOND ACT
Sections
28B.58.010
28B.58.020
28B.58.030
28B.58.040
28B.58.050
28B.58.060
28B.58.070
28B.58.080
28B.58.090
State general obligation bonds in lieu of building, limited
obligation bonds—"Community college capital projects"
defined—Consideration for minority contractors on
projects so funded.
Amount of bonds authorized.
Bond anticipation notes, authorized, payment—Form, term,
conditions, sale and covenants of bonds and notes.
Disposition of proceeds from sale of bonds and notes.
Administration of proceeds from bonds and notes.
Payment of principal and interest on bonds.
Moneys to be transferred from community college account
to state general fund—Limitation.
Bonds as legal investment for public funds.
Prerequisite to bond issuance.
28B.58.010 State general obligation bonds in lieu of
building, limited obligation bonds—"Community college
capital projects" defined—Consideration for minority
contractors on projects so funded. The legislature has approved by its appropriation of funds from time to time,
(2002 Ed.)
1975 Community College General Capital Projects Bond Act
capital projects for the state community colleges, which
appropriations have been funded primarily by the issuance of
building, limited obligation bonds by the *state board for
community college education (hereinafter in this chapter
called the "college board"). In order that any future appropriations for such approved capital projects may be funded
on terms most advantageous to the state, it is hereby determined to be in the public interest to provide for the issuance
of state general obligation bonds, in lieu of building, limited
obligation bonds.
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way,
easements, improvements or appurtenances in relation
thereto. It is the intent of the legislature that in any decision
to contract for capital projects funded as the result of this
chapter, full and fair consideration shall be given to minority
contractors. [1985 c 390 § 64; 1975 1st ex.s. c 236 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—1975 1st ex.s. c 236: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances, shall in no way be affected." [1975 1st ex.s. c 236 § 11.]
28B.58.020 Amount of bonds authorized. For the
purpose of financing the community college capital projects
as determined by the legislature in its capital appropriations
act, chapter 276, Laws of 1975 1st ex. sess., the state finance
committee is hereby authorized to issue from time to time
general obligation bonds of the state of Washington in the
aggregate principal amount of fourteen million seven
hundred seventy-six thousand dollars, or so much thereof as
may be required for such purposes, to be paid and discharged within thirty years of the date or dates of issuance,
in accordance with Article VIII, section 1 of the Constitution
of the state of Washington. [1975 1st ex.s. c 236 § 2.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.030 Bond anticipation notes, authorized,
payment—Form, term, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds, or a
portion thereof, it may, pending the issuance thereof, issue
in the name of the state temporary notes in anticipation of
the issuance of such bonds, which notes shall be designated
as "bond anticipation notes". Such portion of the proceeds
of the sale of such bonds as may be required for the payment of principal and redemption premium, if any, of and
interest on such notes shall be applied thereto when such
bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds
and/or the bond anticipation notes, the time or times of sale
of all or any portion of them, and the conditions and manner
of their sale and issuance.
(2002 Ed.)
28B.58.010
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 236 §
3.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.040 Disposition of proceeds from sale of
bonds and notes. Except for that portion of the proceeds
required to pay bond anticipation notes pursuant to RCW
28B.58.030, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account in the state general fund. [1975 1st ex.s. c 236
§ 4.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
1975 community college capital construction account, created, use: RCW
28B.57.050.
28B.58.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all proceeds
of the bonds authorized in this chapter shall be administered
by the college board exclusively for the purposes specified
in this chapter and for the payment of the expenses incurred
in connection with the sale and issuance of such bonds and
bond anticipation notes. [1975 1st ex.s. c 236 § 5.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.060 Payment of principal and interest on
bonds. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for
the purpose of the payment of principal of and interest on
the bonds authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 community college
capital construction bond retirement fund, an amount equal
to the amount certified by the state finance committee.
[1975 1st ex.s. c 236 § 6.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
1975 community college capital construction bond retirement fund—
Created—Purpose: RCW 28B.57.070.
28B.58.070 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next
succeeding twelve months for the payment of principal of
and interest on the bonds issued pursuant to this chapter. On
[Title 28B RCW—page 171]
28B.58.070
Title 28B RCW: Higher Education
July 1st of each such year, the state treasurer shall withdraw
said sum from the community college capital projects
account and deposit said sum in the state general fund:
PROVIDED, That withdrawal of building fees from the
community college capital projects account for deposit into
the general fund pursuant to the provisions of this section
shall be made only after provision has first been made for
the payment in full of the principal of and interest on all
outstanding building, limited obligation bonds of the college
board coming due in the twelve months next succeeding July
1st of each such year, and for any reserve account deposits
necessary for such outstanding bonds in the same period.
[1985 c 390 § 65; 1975 1st ex.s. c 236 § 7.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 236 § 8.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
28B.58.090 Prerequisite to bond issuance. The
bonds authorized in this chapter shall be issued only after the
college board has certified to the state finance committee
that its projected building fees revenue shall be adequate,
based upon reasonable projections of student enrollments, for
the college board to meet the requirements of RCW
28B.58.070, during the life of the bonds proposed to be
issued. [1985 c 390 § 66; 1975 1st ex.s. c 236 § 9.]
Severability—1975 1st ex.s. c 236: See note following RCW
28B.58.010.
Chapter 28B.59
1976 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Sections
28B.59.010
28B.59.020
28B.59.030
28B.59.040
28B.59.050
28B.59.060
28B.59.070
28B.59.080
28B.59.090
Purpose—"Community college capital projects" defined.
Amount of general obligation bonds authorized.
Bond anticipation notes, authorized, payment—Form, term,
conditions, sale and covenants of bonds and notes.
Disposition of proceeds from sale of bonds and notes.
Administration of the proceeds from bonds and notes.
Payment of the principal and interest on bonds.
Moneys to be transferred from community college account
to state general fund—Limitation.
Bonds as legal investment for public funds.
Prerequisite to bond issuance.
28B.59.010 Purpose—"Community college capital
projects" defined. The legislature has approved by its
appropriation of funds from time to time, capital projects for
the state community colleges, which appropriations have
been funded primarily by the issuance of building, limited
obligation bonds by the *state board for community college
education (hereinafter in this chapter called the "college
board"). In order that any future appropriations for such
approved capital projects may be funded on terms most
advantageous to the state, it is hereby determined to be in
the public interest to provide for the issuance of state general
[Title 28B RCW—page 172]
obligation bonds, in lieu of building, limited obligation
bonds.
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way,
easements, improvements or appurtenances in relation
thereto. [1985 c 390 § 67; 1975-’76 2nd ex.s. c 107 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—1975-’76 2nd ex.s. c 107: "If any provision of this
1976 act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975-’76 2nd ex.s. c 107 § 11.]
28B.59.020 Amount of general obligation bonds
authorized. For the purpose of financing the community
college capital projects as determined by the legislature in its
capital appropriation act, chapter 133, Laws of 1975-’76 2nd
ex. sess., the state finance committee is hereby authorized to
issue from time to time general obligation bonds of the state
of Washington in the aggregate principal amount of twentysix million four hundred eighty-seven thousand dollars, or so
much thereof as may be required for such purposes, to be
paid and discharged within thirty years of the date or dates
of issuance, in accordance with Article VIII, section 1 of the
Constitution of the state of Washington. [1975-’76 2nd ex.s.
c 107 § 2.]
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.030 Bond anticipation notes, authorized,
payment—Form, term, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds, or a
portion thereof, it may, pending the issuance thereof, issue
in the name of the state temporary notes in anticipation of
the issuance of such bonds, which notes shall be designated
as "bond anticipation notes". Such portion of the proceeds
of the sale of such bonds as may be required for the payment of principal of and redemption premium, if any, and
interest on such notes shall be applied thereto when such
bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds
and/or the bond anticipation notes, the time or times of sale
of all or any portion of them, and the conditions and manner
of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975-’76 2nd ex.s. c
107 § 3.]
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.040 Disposition of proceeds from sale of
bonds and notes. Except for that portion of the proceeds
required to pay bond anticipation notes pursuant to RCW
(2002 Ed.)
1976 Community College Capital Projects Bond Act
28B.59.040
28B.59.030, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account in the state general fund. [1975-’76 2nd ex.s.
c 107 § 4.]
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
Severability—1975-’76 2nd ex.s c 107: See note following RCW
28B.59.010.
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.050 Administration of the proceeds from
bonds and notes. Subject to legislative appropriation, all
proceeds of the bonds authorized in this chapter shall be
administered by the college board exclusively for the
purposes specified in this chapter and for the payment of the
expenses incurred in connection with the sale and issuance
of such bonds and bond anticipation notes. [1975-’76 2nd
ex.s. c 107 § 5.]
28B.59.090 Prerequisite to bond issuance. The
bonds authorized in this chapter shall be issued only after the
college board has certified to the state finance committee
that its projected building fees revenue shall be adequate,
based upon reasonable projections of student enrollments, for
the college board to meet the requirements of RCW
28B.59.070, during the life of the bonds proposed to be
issued. [1985 c 390 § 69; 1975-’76 2nd ex.s. c 107 § 9.]
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.060 Payment of the principal and interest
on bonds. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for
the purpose of the payment of the principal of and interest
on the bonds authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 community college
capital construction bond retirement fund, an amount equal
to the amount certified by the state finance committee.
[1975-’76 2nd ex.s. c 107 § 6.]
Chapter 28B.59B
1977 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Severability—1975-’76 2nd ex.s. c 107: See note following RCW
28B.59.010.
28B.59.070 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next
succeeding twelve months for the payment of principal of
and interest on the bonds issued pursuant to this chapter. On
July 1st of each such year, the state treasurer shall withdraw
said sum from the community college capital projects
account and deposit said sum in the state general fund:
PROVIDED, That withdrawal of building fees from the
community college capital projects account for deposit into
the general fund pursuant to the provisions of this section
shall be made only after provision has first been made for
the payment in full of the principal of and interest on all
outstanding building, limited obligation bonds of the college
board coming due in the twelve months next succeeding July
1st of each such year, and for any reserve account deposits
necessary for such outstanding bonds in the same period.
[1985 c 390 § 68; 1975-’76 2nd ex.s. c 107 § 7.]
(2002 Ed.)
28B.59.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975-’76
2nd ex.s. c 107 § 8.]
Sections
28B.59B.010
28B.59B.020
28B.59B.030
28B.59B.040
28B.59B.050
28B.59B.060
28B.59B.070
28B.59B.080
28B.59B.090
Purpose—Bonds authorized—Amount—Conditions.
Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
Form, terms, conditions, sale, redemption and covenants
of bonds and notes—Pledge of state’s credit.
Disposition of proceeds from sale of bonds and notes.
Administration of proceeds from bonds and notes.
Payment of the principal and interest on bonds and
notes.
Moneys to be transferred from community college account to state general fund.
Bonds as legal investment for public funds.
Prerequisite to bond issuance.
28B.59B.010 Purpose—Bonds authorized—
Amount—Conditions. For the purpose of financing the
construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other
capital assets owned by the *state board for community
college education in the name of the state of Washington,
and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances in relation thereto as
determined by the legislature in its capital appropriations act,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
seven million five hundred thousand dollars, or so much
thereof as may be required to finance such projects, and all
costs incidental thereto. No bonds authorized by this chapter
shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within
thirty years of the date of issuance in accordance with
Article VIII, section 1 of the state Constitution. [1977 ex.s.
c 346 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
[Title 28B RCW—page 173]
28B.59B.010
Title 28B RCW: Higher Education
Severability—1977 ex.s. c 346: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 346 § 11.]
28B.59B.020
Bond anticipation notes—
Authorized—Bond proceeds to apply to payment on.
When the state finance committee has determined to issue
such general obligation bonds, or a portion thereof, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of such
bonds, which notes shall be designated as "bond anticipation
notes". Such portion of the proceeds of the sale of such
bonds as may be required for the payment of principal of
and redemption premium, if any, and interest on such notes
shall be applied thereto when such bonds are issued. [1977
ex.s. c 346 § 2.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
28B.59B.030 Form, terms, conditions, sale, redemption and covenants of bonds and notes—Pledge of state’s
credit. The state finance committee is authorized to
determine the aggregate amounts, dates, form, terms,
conditions, denominations, interest rates, maturities, rights
and manner of redemption prior to maturity, registration
privileges, place(s) of payment and covenants of such bonds
and/or the bond anticipation notes, the time or times of sale
of all or any portion of them, and the conditions and manner
of their sale, issuance and redemption.
Each such bond and bond anticipation note shall state
that it is a general obligation of the state of Washington,
shall contain a pledge of the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain the state’s unconditional promise
to pay such principal and interest as the same shall become
due. [1977 ex.s. c 346 § 3.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
28B.59B.040 Disposition of proceeds from sale of
bonds and notes. The proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds and all
other moneys which the state finance committee or the
college board may direct the state treasurer to deposit
therein, shall be deposited in the 1975 community college
capital construction account in the state general fund:
PROVIDED, That such portion of the proceeds of the sale
of such bonds as may be required for the payment of the
principal of and interest on any outstanding bond anticipation
notes, together with accrued interest on the bonds received
from the purchasers upon their delivery, shall be deposited
in the 1975 community college capital construction bond
retirement fund. [1977 ex.s. c 346 § 4.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
1975 Community college capital construction account—Created—Use:
RCW 28B.57.050.
1975 Community college capital construction bond retirement fund—
Created—Purpose: RCW 28B.57.070.
[Title 28B RCW—page 174]
28B.59B.050 Administration of proceeds from
bonds and notes. Subject to legislative appropriation, all
principal proceeds of the bonds and/or bond anticipation
notes authorized in this chapter shall be administered by the
college board exclusively for the purposes specified in this
chapter and for the payment of the expenses incurred in
connection with their sale and issuance. [1977 ex.s. c 346
§ 5.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
28B.59B.060 Payment of the principal and interest
on bonds and notes. The 1975 community college capital
construction bond retirement fund in the state treasury shall
be used for the purpose of the payment of the principal of
and redemption premium, if any, and interest on the bonds
and/or the bond anticipation notes authorized to be issued
pursuant to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on such
bonds. Not less than thirty days prior to the date on which
any interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1975
community college capital construction bond retirement fund
an amount equal to the amount certified by the state finance
committee to be due on such payment date. [1977 ex.s. c
346 § 6.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
28B.59B.070 Moneys to be transferred from
community college account to state general fund. On or
before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued pursuant to this chapter. Not
less than thirty days prior to the date on which any such
interest or principal and interest payment is due, the state
treasurer shall withdraw said sum from the community
college capital projects account and deposit said sum in the
state general fund. [1985 c 390 § 70; 1977 ex.s. c 346 § 7.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
28B.59B.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1977 ex.s.
c 346 § 8.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
28B.59B.090 Prerequisite to bond issuance. The
bonds authorized in this chapter shall be issued only after the
college board has certified to the state finance committee
that its anticipated general tuition fee revenue shall be
(2002 Ed.)
1977 Community College Capital Projects Bond Act
adequate, based upon reasonable projections of student
enrollments, for the college board to meet the requirements
of RCW 28B.59B.070 during the life of the bonds proposed
to be issued. [1977 ex.s. c 346 § 9.]
Severability—1977 ex.s. c 346: See note following RCW
28B.59B.010.
Chapter 28B.59C
1979 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Sections
28B.59C.010
28B.59C.020
28B.59C.030
28B.59C.040
28B.59C.050
28B.59C.060
28B.59C.070
28B.59C.080
Purpose—Bonds authorized—Amount—Conditions.
Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
Form, terms, conditions, sale, redemption and covenants
of bonds and notes—Pledge of state’s credit.
Disposition of proceeds from sale of bonds and notes.
Administration of proceeds from bonds and notes.
Payment of principal and interest on bonds and notes.
Moneys to be transferred from community college account to state general fund.
Bonds as legal investment for public funds.
28B.59C.010 Purpose—Bonds authorized—
Amount—Conditions. For the purpose of financing the
construction, reconstruction, erection, equipping, maintenance, demolition, and major alteration of buildings and
other capital assets owned by the *state board for community
college education in the name of the state of Washington,
and the acquisition of sites, rights of way, easements,
improvements, or appurtenances in relation thereto as
determined by the legislature in its capital appropriations act,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
twenty-four million dollars, or so much thereof as may be
required, to finance such projects, and all costs incidental
thereto. No bonds authorized by this chapter shall be
offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
of the date of issuance in accordance with Article VIII,
section 1 of the state Constitution. [1979 ex.s. c 226 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Effective date—1979 ex.s. c 226: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [June 15, 1979]." [1979 ex.s. c 226 § 13.]
Severability—1979 ex.s. c 226: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 226 § 12.]
28B.59C.020
Bond anticipation notes—
Authorized—Bond proceeds to apply to payment on.
When the state finance committee has determined to issue
the general obligation bonds, or a portion thereof, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of the bonds,
which notes shall be designated as "bond anticipation notes".
Such portion of the proceeds of the sale of the bonds as may
be required for the payment of principal of and redemption
(2002 Ed.)
28B.59B.090
premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1979 ex.s. c 226 § 2.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.030 Form, terms, conditions, sale, redemption and covenants of bonds and notes—Pledge of state’s
credit. The state finance committee is authorized to
determine the aggregate amounts, dates, form, terms,
conditions, denominations, interest rates, maturities, rights
and manner of redemption prior to maturity, registration
privileges, place(s) of payment and covenants of the bonds
and/or the bond anticipation notes, the time or times of sale
of all or any portion of them, and the conditions and manner
of their sale, issuance, and redemption.
Each bond and bond anticipation note shall state that it
is a general obligation of the state of Washington, shall
contain a pledge of the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain the state’s unconditional promise to pay the
principal and interest as the same shall become due. [1979
ex.s. c 226 § 3.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.040 Disposition of proceeds from sale of
bonds and notes. The proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee or the
college board may direct the state treasurer to deposit
therein, shall be deposited in the 1975 community college
capital construction account in the state general fund:
PROVIDED, That such portion of the proceeds of the sale
of the bonds as may be required for the payment of the
principal of and interest on any outstanding bond anticipation
notes, together with accrued interest and premium, if any, on
the bonds received from the purchasers upon their delivery,
shall be deposited in the 1975 community college capital
construction bond retirement fund. [1979 ex.s. c 226 § 4.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.050 Administration of proceeds from
bonds and notes. Subject to legislative appropriation, all
principal proceeds of the bonds and/or bond anticipation
notes authorized in this chapter shall be administered by the
college board exclusively for the purposes specified in this
chapter and for the payment of the expenses incurred in
connection with their sale and issuance. [1979 ex.s. c 226
§ 5.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.060 Payment of principal and interest on
bonds and notes. The 1975 community college capital
construction bond retirement fund in the state treasury shall
be used for the purpose of the payment of the principal of
and redemption premium, if any, and interest on the bonds
and/or the bond anticipation notes authorized to be issued
under this chapter.
[Title 28B RCW—page 175]
28B.59C.060
Title 28B RCW: Higher Education
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on the
bonds. Not less than thirty days prior to the date on which
any interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1975
community college capital construction bond retirement fund
an amount equal to the amount certified by the state finance
committee to be due on the payment date. [1979 ex.s. c 226
§ 6.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.070 Moneys to be transferred from
community college account to state general fund. On or
before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued under this chapter. Not less
than thirty days prior to the date on which any interest or
principal and interest payment is due, the state treasurer shall
withdraw the sum from the community college capital
projects account and deposit the sum in the state general
fund. [1985 c 390 § 71; 1979 ex.s. c 226 § 7.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
28B.59C.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1979 ex.s.
c 226 § 8.]
Effective date—Severability—1979 ex.s. c 226: See notes following
RCW 28B.59C.010.
Chapter 28B.59D
1981 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Sections
28B.59D.010
28B.59D.020
28B.59D.030
28B.59D.040
28B.59D.050
28B.59D.060
28B.59D.070
improvements, or appurtenances in relation thereto as
determined by the legislature in its capital appropriations act,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
seven million three hundred thousand dollars, or so much
thereof as may be required, to finance such projects, and all
costs incidental thereto. No bonds authorized by RCW
28B.59D.010 through 28B.59D.070 may be offered for sale
without prior legislative appropriation. [1981 c 237 § 1.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—1981 c 237: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 237 § 8.]
28B.59D.020 Bonds to pledge credit of state,
promise to pay. Each bond shall state that it is a general
obligation of the state of Washington, shall contain a pledge
of the full faith and credit of the state to the payment of the
principal thereof and the interest thereon, and shall contain
the state’s unconditional promise to pay the principal and
interest as the same shall become due. [1981 c 237 § 2.]
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.030 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized
in RCW 28B.59D.010 through 28B.59D.070, together with
all grants, donations, transferred funds, and all other moneys
which the state finance committee or the college board may
direct the state treasurer to deposit therein, shall be deposited
in the 1975 community college capital construction account
in the state general fund. [1981 c 237 § 3.]
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.040 Administration and expenditure of
proceeds from sale of bonds—Condition. Subject to
legislative appropriation, all principal proceeds of the bonds
authorized in RCW 28B.59D.010 through 28B.59D.070 shall
be administered by the college board exclusively for the
purposes specified in RCW 28B.59D.010 through
28B.59D.070 and for the payment of the expenses incurred
in connection with their sale and issuance. [1981 c 237 § 4.]
Severability—1981 c 237: See note following RCW 28B.59D.010.
Purpose—Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds.
Administration and expenditure of proceeds from sale of
bonds—Condition.
Existing fund utilized for payment of principal and
interest—Committee and treasurer’s duties.
Transfer of account moneys to general fund—College
board and treasurer’s duties.
Bonds as legal investment for public funds.
28B.59D.010 Purpose—Bonds authorized—
Amount—Condition. For the purpose of financing the construction, reconstruction, erection, equipping, maintenance,
demolition, and major alteration of buildings and other
capital assets owned by the *state board for community
college education in the name of the state of Washington,
and the acquisition of sites, rights of way, easements,
[Title 28B RCW—page 176]
28B.59D.050 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for
the purpose of the payment of the principal of and redemption premium, if any, and interest on the bonds authorized to
be issued under RCW 28B.59D.010 through 28B.59D.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on the
bonds. Not less than thirty days prior to the date on which
any interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1975
(2002 Ed.)
1981 Community College Capital Projects Bond Act
community college capital construction bond retirement fund
an amount equal to the amount certified by the state finance
committee to be due on the payment date. [1981 c 237 § 5.]
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.060 Transfer of account moneys to general
fund—College board and treasurer’s duties. (1) On or
before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, to
the extent the fees and moneys are available, an amount at
least equal to the amount required in the next succeeding
twelve months for the payment of principal of and interest
on the bonds issued under RCW 28B.59D.010 through
28B.59D.070. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw this amount, to the extent
available, from the community college capital projects
account and deposit it in the state general fund.
(2) The state treasurer shall make withdrawals from the
community college capital projects account for deposit in the
general fund of amounts equal to debt service payments on
state general obligation bonds issued for community college
purposes pursuant to Title 28B RCW only to the extent that
funds are or become actually available in the account from
time to time. Any unpaid debt service payments shall be a
continuing obligation against the community college capital
projects account until paid. Beginning with the 1979-1981
biennium, the *state board for community college education
need not accumulate any specific amount in the community
college capital projects account for purposes of these withdrawals by the state treasurer. [1985 c 390 § 72; 1981 c 237
§ 6.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
Severability—1981 c 237: See note following RCW 28B.59D.010.
28B.59D.070 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.59D.010 through
28B.59D.060 shall constitute a legal investment for all state
funds or for funds under state control and all funds of
municipal corporations. [1981 c 237 § 7.]
Severability—1981 c 237: See note following RCW 28B.59D.010.
Chapter 28B.63
COMMERCIAL ACTIVITIES BY INSTITUTIONS
OF HIGHER EDUCATION
Sections
28B.63.010
28B.63.020
28B.63.030
28B.63.040
28B.63.050
Intent.
Definitions.
Development of policies and mechanisms for defining and
reviewing commercial activities.
Criteria for developing policies.
Programs and activities exempt from chapter.
28B.63.010 Intent. The primary mission of institutions of higher education is the creation and dissemination of
knowledge. Institutions of higher education must be mindful
(2002 Ed.)
28B.59D.050
that in providing goods and services for fees, they may be
competing with local private businesses.
It is the intent of the legislature to require institutions of
higher education to define the legitimate purposes under
which commercial activities may be approved, and to
establish a mechanism for review of such activities. [1987
c 97 § 1.]
28B.63.020 Definitions. For the purposes of this
chapter:
(1) "Institutions of higher education" or "institutions"
mean those institutions as defined in RCW 28B.10.016(4).
(2) "Commercial activity" means an activity which
provides a product or service for a fee which could be
obtained from a commercial source.
(3) "Fees" means any fees or charges imposed for
goods, services, or facilities. [1987 c 97 § 2.]
28B.63.030 Development of policies and mechanisms for defining and reviewing commercial activities.
Institutions of higher education in consultation with local
business organizations and representatives of the small business community are required to develop:
(1) Comprehensive policies that define the legitimate
purposes under which the institutions shall provide goods,
services, or facilities that are practically available from
private businesses;
(2) A mechanism for reviewing current and proposed
commercial activities to ensure that activities are consistent
with institutional policies; and
(3) A mechanism for receiving, reviewing, and responding to enquiries from private businesses about commercial
activities carried on by institutions of higher education.
[1987 c 97 § 3.]
28B.63.040 Criteria for developing policies. (1) The
following criteria shall be considered in developing policies
in regard to providing goods, services, or facilities to persons
other than students, faculty, staff, patients, and invited
guests:
(a) The goods, services, or facilities represent a resource
which is substantially and directly related to the institution’s
instructional, research, or public service mission, which is
not practically available in the private marketplace and for
which there is a demand from the external community.
(b) Fees charged for the goods, services, or facilities
shall take into account the full direct and indirect costs, overhead, and the price of such items in the private marketplace.
(2) The following criteria shall be considered in developing policies in regard to providing goods, services, or
facilities to students, faculty, staff, patients, and invited
guests:
(a) The goods, services, or facilities are substantially
and directly related to the institution’s instructional, research,
or public service mission.
(b) Provision of the goods, services, or facilities on
campus represents a special convenience to and supports the
campus community, or facilitates extracurricular, public
service, or on-campus residential life.
[Title 28B RCW—page 177]
28B.63.040
Title 28B RCW: Higher Education
(c) Fees charged for the goods, services, or facilities
shall take into account the full direct and indirect costs,
including overhead.
(d) The adequacy of security procedures to ensure that
the goods, services, or facilities are provided only to persons
who are students, faculty, staff, patients, or invited guests.
[1987 c 97 § 4.]
28B.63.050 Programs and activities exempt from
chapter. This chapter shall not apply to the initiation of or
changes in academic or vocational programs of instruction in
the institutions’ regular, extension, evening, or continuing
education programs, or the fees therefor, fees for services
provided in the practicum aspects of instruction, or research
programs, and in extracurricular or residential life programs,
including residence halls, food services, athletic and recreational programs, and performing arts programs. [1987 c 97
§ 5.]
Chapter 28B.65
HIGH-TECHNOLOGY EDUCATION
AND TRAINING
Sections
28B.65.010
28B.65.020
28B.65.030
28B.65.040
28B.65.050
28B.65.060
28B.65.070
28B.65.080
28B.65.090
28B.65.095
28B.65.100
28B.65.110
28B.65.900
28B.65.905
Legislative findings.
Definitions.
Washington state high-technology education and training
program established—Goals.
Washington high-technology coordinating board created—
Members—Travel expenses.
Board—Duties—Rules—Termination of board.
Board—Staff support.
Board—Solicitation of private and federal support, gifts,
conveyances, etc.
Consortium and baccalaureate degree training programs—
Board recommendations—Requirements—Coordination.
Masters and doctorate level degrees in technology at University of Washington authorized.
Washington technology center at University of Washington.
Masters and doctorate level degrees in technology at Washington State University authorized.
Statewide off-campus telecommunications system—
Establishment by Washington State University for education in high-technology fields.
Short title—1983 1st ex.s. c 72.
Effective date—1983 1st ex.s. c 72.
28B.65.010 Legislative findings. The legislature finds
that:
(1) A coordinated state policy is needed to stimulate the
education and training of individuals in high-technology
fields, in order to improve productivity, strengthen the state’s
competitive position, and reindustrialize declining areas;
(2) The Washington high-technology education and
training program will give persons from all backgrounds
opportunities to pursue training and education programs
leading to baccalaureate and graduate degrees consistent with
present and future needs of high-technology industries;
(3) Incentives to stimulate increased collaboration
between community colleges, regional universities, and the
state universities and private-sector industrial, commercial,
and labor interests are essential to the development of a pool
of skilled high-technology workers; and
[Title 28B RCW—page 178]
(4) Investment in education is the most feasible method
for state assistance to the high-technology industry. [1983
1st ex.s. c 72 § 2.]
28B.65.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Board" means the high-technology coordinating
board.
(2) "High technology" or "technology" includes but is
not limited to the modernization, miniaturization, integration,
and computerization of electronic, hydraulic, pneumatic,
laser, mechanical, robotics, nuclear, chemical, telecommunication, and other technological applications to enhance
productivity in areas including but not limited to manufacturing, communications, medicine, bioengineering, and commerce. [1983 1st ex.s. c 72 § 3.]
28B.65.030 Washington state high-technology
education and training program established—Goals. A
Washington state high-technology education and training
program is hereby established. The program shall be
designed to:
(1) Develop the competence needed to make Washington state a leader in high-technology fields, to increase the
productivity of state industries, and to improve the state’s
competitiveness in regional, national, and international trade;
(2) Develop degree programs to enable students to be
productive in new and emerging high-technology fields by
using the resources of the state’s two-year community
colleges, regional universities, the University of Washington,
Washington State University, and The Evergreen State
College; and
(3) Provide industries in the state with a highly-skilled
work force capable of producing, operating, and servicing
the advancing technology needed to modernize the state’s
industries and to revitalize the state’s economy. [1983 1st
ex.s. c 72 § 4.]
28B.65.040 Washington high-technology coordinating board created—Members—Travel expenses. (1) The
Washington high-technology coordinating board is hereby
created.
(2) The board shall be composed of eighteen members
as follows:
(a) Eleven shall be citizen members appointed by the
governor, with the consent of the senate, for four-year terms.
In making the appointments the governor shall ensure that a
balanced geographic representation of the state is achieved
and shall attempt to choose persons experienced in hightechnology fields, including at least one representative of
labor. Any person appointed to fill a vacancy occurring
before a term expires shall be appointed only for the
remainder of that term; and
(b) Seven of the members shall be as follows: One
representative from each of the state’s two research universities, one representative of the state college and regional
universities, the director for the state system of community
and technical colleges or the director’s designee, the superintendent of public instruction or the superintendent’s designee,
a representative of the higher education coordinating board,
(2002 Ed.)
High-Technology Education and Training
and the director of the department of community, trade, and
economic development or the director’s designee.
(3) Members of the board shall not receive any salary
for their services, but shall be reimbursed for travel expenses
under RCW 43.03.050 and 43.03.060 for each day actually
spent in attending to duties as a member of the board.
(4) A citizen member of the board shall not be, during
the term of office, a member of the governing board of any
public or private educational institution, or an employee of
any state or local agency. [1995 c 399 § 29. Prior: 1985
c 381 § 1; 1985 c 370 § 86; 1984 c 66 § 1; 1983 1st ex.s. c
72 § 5.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.65.050 Board—Duties—Rules—Termination of
board. (1) The board shall oversee, coordinate, and evaluate
the high-technology programs.
(2) The board shall:
(a) Determine the specific high-technology occupational
fields in which technical training is needed and advise the
institutions of higher education and the higher education
coordinating board on their findings;
(b) Identify economic areas and high-technology
industries in need of technical training and research and
development critical to economic development and advise
the institutions of higher education and the higher education
coordinating board on their findings;
(c) Oversee and coordinate the Washington hightechnology education and training program to ensure high
standards, efficiency, and effectiveness;
(d) Work cooperatively with the superintendent of public
instruction to identify the skills prerequisite to the hightechnology programs in the institutions of higher education;
(e) Work cooperatively with and provide any information or advice which may be requested by the higher
education coordinating board during the board’s review of
new baccalaureate degree program proposals which are
submitted under this chapter. Nothing in this chapter shall
be construed as altering or superseding the powers or
prerogatives of the higher education coordinating board over
the review of new degree programs as established in *section
6(2) of this 1985 act;
(f) Work cooperatively with the department of community, trade, and economic development to identify the hightechnology education and training needs of existing Washington businesses and businesses with the potential to locate
in Washington;
(g) Work towards increasing private sector participation
and contributions in Washington high-technology programs;
(h) Identify and evaluate the effectiveness of state
sponsored research related to high technology; and
(i) Establish and maintain a plan, including priorities, to
guide high-technology program development in public
institutions of higher education, which plan shall include an
assessment of current high-technology programs, steps to
increase existing programs, new initiatives and programs
necessary to promote high technology, and methods to
coordinate and target high-technology programs to changing
market opportunities in business and industry.
(2002 Ed.)
28B.65.040
(3) The board may adopt rules under chapter 34.05
RCW as it deems necessary to carry out the purposes of this
chapter.
(4) The board shall cease to exist on June 30, 1987,
unless extended by law for an additional fixed period of
time. [1998 c 245 § 22; 1995 c 399 § 30. Prior: 1985 c
381 § 2; 1985 c 370 § 87; 1983 1st ex.s. c 72 § 6.]
*Reviser’s note: A literal translation of "section 6(2) of this 1985
act" would be RCW 28B.80.350(2), however, material relating to new
degree programs is found in RCW 28B.80.340.
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
28B.65.060 Board—Staff support. Staff support for
the high-technology coordinating board shall be provided by
the department of community, trade, and economic development. [1995 c 399 § 31; 1985 c 381 § 3; 1983 1st ex.s. c
72 § 7.]
28B.65.070 Board—Solicitation of private and
federal support, gifts, conveyances, etc. The board may
solicit gifts, grants, conveyances, bequests and devises,
whether real or personal property, or both, in trust or
otherwise, to be directed to institutions of higher education
for the use or benefit of the high-technology education and
training program. The board shall actively solicit support
from business and industry and from the federal government
for the high-technology education program. [1983 1st ex.s.
c 72 § 8.]
28B.65.080 Consortium and baccalaureate degree
training programs—Board recommendations—
Requirements—Coordination. (1) The high-technology
coordinating board shall make recommendations regarding:
(a) The establishment of regional consortiums for the
establishment and development of high-technology education
and training;
(b) The establishment of baccalaureate degree training
programs in high-technology fields; and
(c) The offering of high-technology education and
training programs at both community college facilities and
at state colleges and regional universities.
(2) If the program is approved, the first two years of the
baccalaureate degree program offered by the respective state
colleges and regional universities at community college
facilities shall be administered and operated by the respective
community colleges. The third and fourth years of the baccalaureate degree program offered at the community college
facilities shall be administered and operated by the respective
state colleges and regional universities. Each community
college participating in the program shall offer two-year
associate degrees in high-technology fields which shall be
transferrable to and accepted by the state colleges and
regional universities.
(3) The high-technology coordinating board shall
oversee and coordinate the operation of the consortiums.
(4) Any such consortiums shall be implemented upon
approval by the high-technology coordinating board:
PROVIDED, That if the fiscal impact of any program
recommendations exceeds existing resources plus the two
hundred fifty thousand dollars appropriated in section 15,
[Title 28B RCW—page 179]
28B.65.080
Title 28B RCW: Higher Education
chapter 72, Laws of 1983 1st ex. sess., such programs shall
require legislative approval. [1983 1st ex.s. c 72 § 9.]
28B.65.090 Masters and doctorate level degrees in
technology at University of Washington authorized. See
RCW 28B.20.280.
28B.65.095 Washington technology center at
University of Washington. See RCW 28B.20.285.
28B.65.100 Masters and doctorate level degrees in
technology at Washington State University authorized.
See RCW 28B.30.500.
28B.65.110 Statewide off-campus telecommunications system—Establishment by Washington State
University for education in high-technology fields. See
RCW 28B.30.520.
28B.65.900 Short title—1983 1st ex.s. c 72. This act
may be known and cited as the Washington high-technology
education and training act. [1983 1st ex.s. c 72 § 1.]
28B.65.905 Effective date—1983 1st ex.s. c 72. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1983. [1983 1st ex.s. c 72 § 18.]
WESTERN REGIONAL
HIGHER EDUCATION COMPACT
Article I
WHEREAS, The future of this Nation and of the
Western States is dependent upon the quality of the education of its youth; and
WHEREAS, Many of the Western States individually do
not have sufficient numbers of potential students to warrant
the establishment and maintenance within their borders of
adequate facilities in all the essential fields of technical,
professional and graduate training, nor do all of the states
have the financial ability to furnish within their borders
institutions capable of providing acceptable standards of
training in all of the fields mentioned above; and
WHEREAS, It is believed that the Western States, or
group of such states within the Region, cooperatively can
provide acceptable and efficient educational facilities to meet
the needs of the Region and of the students thereof;
NOW, THEREFORE, The States of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington and Wyoming, and the Territories of
Alaska and Hawaii, do hereby covenant and agree as
follows:
Article II
Each of the compacting states and territories pledge to
each of the other compacting states and territories faithful
cooperation in carrying out all the purposes of this compact.
Article III
Chapter 28B.70
WESTERN REGIONAL HIGHER
EDUCATION COMPACT
Sections
28B.70.010 Ratification of compact.
28B.70.020 Terms and provisions of compact.
28B.70.030 Formal ratification.
28B.70.040 Appointment, removal of commissioners.
28B.70.050 Exemption from nonresident tuition fees differential.
Board to coordinate state participation within student exchange compact
programs: RCW 28B.80.150 through 28B.80.170.
28B.70.010 Ratification of compact. The western
regional higher education compact, recommended by the
western governors’ conference on November 10, 1950, for
adoption by the states or territories of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, Wyoming, Alaska and Hawaii, is hereby
ratified and approved and the adherence of this state to the
provisions of this compact, upon its ratification and approval
by any four or more of such states or territories in addition
to this state, is hereby declared. [1969 ex.s. c 223 §
28B.70.010. Prior: 1955 c 214 § 1. Formerly RCW
28.82.010.]
28B.70.020 Terms and provisions of compact. The
terms and provisions of the compact referred to in RCW
28B.70.010 are as follows:
[Title 28B RCW—page 180]
The compacting states and territories hereby create the
Western Interstate Commission for Higher Education,
hereinafter called the Commission. Said Commission shall
be a body corporate of each compacting state and territory
and an agency thereof. The Commission shall have all the
powers and duties set forth herein, including the power to
sue and be sued, and such additional powers as may be
conferred upon it by subsequent action of the respective
legislatures of the compacting states and territories.
Article IV
The Commission shall consist of three resident members
from each compacting state or territory. At all times one
commissioner from each compacting state or territory shall
be an educator engaged in the field of higher education in
the state or territory from which he is appointed.
The commissioners from each state and territory shall be
appointed by the governor thereof as provided by law in
such state or territory. Any commissioner may be removed
or suspended from office as provided by the law of the state
or territory from which he shall have been appointed.
The term of each commissioner shall be four years:
PROVIDED, HOWEVER, That the first three commissioners
shall be appointed as follows: one for two years, one for
three years, and one for four years. Each commissioner
shall hold office until his successor shall be appointed and
qualified. If any office becomes vacant for any reason, the
governor shall appoint a commissioner to fill the office for
the remainder of the unexpired term.
(2002 Ed.)
Western Regional Higher Education Compact
Article V
Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole
number of compacting states and territories.
One or more commissioners from a majority of the
compacting states and territories shall constitute a quorum
for the transaction of business.
Each compacting state and territory represented at any
meeting of the Commission is entitled to one vote.
Article VI
The Commission shall elect from its number a chairman
and a vice-chairman, and may appoint, and at its pleasure
dismiss or remove, such officers, agents and employees as
may be required to carry out the purpose of this compact;
and shall fix and determine their duties, qualifications and
compensation, having due regard for the importance of the
responsibilities involved.
The commissioners shall serve without compensation,
but shall be reimbursed for their actual and necessary
expenses from the funds of the Commission.
Article VII
The Commission shall adopt a seal and bylaws and shall
adopt and promulgate rules and regulations for its management and control.
The Commission may elect such committees as it deems
necessary for the carrying out of its functions.
The Commission shall establish and maintain an office
within one of the compacting states for the transaction of its
business and may meet at any time, but in any event must
meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the
commissioners of three or more compacting states or
territories shall call additional meetings.
The Commission shall submit a budget to the governor
of each compacting state and territory at such time and for
such period as may be required.
The Commission shall, after negotiations with interested
institutions, determine the cost of providing the facilities for
graduate and professional education for use in its contractual
agreements throughout the Region.
On or before the fifteenth day of January of each year,
the Commission shall submit to the governors and legislatures of the compacting states and territories a report of its
activities for the preceding calendar year.
The Commission shall keep accurate books of account,
showing in full its receipts and disbursements, and said
books of account shall be open at any reasonable time for
inspection by the governor of any compacting state or
territory or his designated representative. The Commission
shall not be subject to the audit and accounting procedure of
any of the compacting states or territories. The Commission
shall provide for an independent annual audit.
Article VIII
It shall be the duty of the Commission to enter into such
contractual agreements with any institutions in the Region
offering graduate or professional education and with any of
the compacting states or territories as may be required in the
judgment of the Commission to provide adequate services
(2002 Ed.)
28B.70.020
and facilities of graduate and professional education for the
citizens of the respective compacting states or territories.
The Commission shall first endeavor to provide adequate
services and facilities in the fields of dentistry, medicine,
public health and veterinary medicine, and may undertake
similar activities in other professional and graduate fields.
For this purpose the Commission may enter into
contractual agreements
(a) with the governing authority of any educational
institution in the Region, or with any compacting state or
territory to provide such graduate or professional educational
services upon terms and conditions to be agreed upon between contracting parties and
(b) with the governing authority of any educational
institution in the Region or with any compacting state or
territory to assist in the placement of graduate or professional students in educational institutions in the Region providing
the desired services and facilities, upon such terms and
conditions as the Commission may prescribe.
It shall be the duty of the Commission to undertake
studies of needs for professional and graduate educational
facilities in the Region, the resources of meeting such needs,
and the long-range effects of the compact on higher education; and from time to time prepare comprehensive reports
on such research for presentation to the Western Governors’
Conference and to the legislatures of the compacting states
and territories. In conducting such studies, the Commission
may confer with any national or regional planning body
which may be established. The Commission shall draft and
recommend to the governors of the various compacting states
and territories, uniform legislation dealing with problems of
higher education in the Region.
For the purposes of this compact the word "Region"
shall be construed to mean the geographical limits of the
several compacting states and territories.
Article IX
The operating costs of the Commission shall be apportioned equally among the compacting states and territories.
Article X
This compact shall become operative and binding
immediately as to those states and territories adopting it
whenever five or more of the states or territories of Arizona,
California, Colorado, Idaho, Montana, Nevada, New Mexico,
Oregon, Utah, Washington, Wyoming, Alaska and Hawaii
have duly adopted it prior to July 1, 1955. This compact
shall become effective as to any additional states or territories thereafter at the time of such adoption.
Article XI
This compact may be terminated at any time by consent
of a majority of the compacting states or territories. Consent
shall be manifested by passage and signature in the usual
manner of legislation expressing such consent by the
legislature and governor of such terminating state. Any state
or territory may at any time withdraw from this compact by
means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written
notice thereof by the governor of the withdrawing state or
territory accompanied by a certified copy of the requisite
legislative action is received by the Commission. Such
[Title 28B RCW—page 181]
28B.70.020
Title 28B RCW: Higher Education
withdrawal shall not relieve the withdrawing state or territory
from its obligations hereunder accruing prior to the effective
date of withdrawal. The withdrawing state or territory may
rescind its action of withdrawal at any time within the twoyear period. Thereafter the withdrawing state or territory
may be reinstated by application to and the approval by a
majority vote of the Commission.
Article XII
If any compacting state or territory shall at any time
default in the performance of any of its obligations assumed
or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this
compact or agreements hereunder, shall be suspended from
the effective date of such default as fixed by the commission.
Unless such default shall be remedied within a period of
two years following the effective date of such default, this
compact may be terminated with respect to such defaulting
state or territory by affirmative vote of three-fourths of the
other member states or territories.
Any such defaulting state may be reinstated by (a)
performing all acts and obligations upon which it has
heretofore defaulted, and (b) application to and the approval
by a majority vote of the Commission. [1969 ex.s. c 223 §
28B.70.020. Prior: 1955 c 214 § 2. Formerly RCW
28.82.020.]
28B.70.030 Formal ratification. Upon ratification
and approval of the western regional higher education
compact by any four or more of the specified states or
territories in addition to this state, the governor of this state
is authorized and directed to execute said compact on behalf
of this state and to perform any other acts which may be
deemed requisite to its formal ratification and promulgation.
[1969 ex.s. c 223 § 28B.70.030. Prior: 1955 c 214 § 3.
Formerly RCW 28.82.030.]
28B.70.040 Appointment, removal of commissioners. (1) The governor shall appoint the members, for this
state, of the Western Interstate Commission for Higher
Education, which is created under the provisions of Article
III of the western regional higher education compact.
(2) The qualifications and terms of office of the members of the commission for this state shall conform with the
provisions of Article IV of said compact.
(3) The commissioners shall serve without compensation
and they shall be reimbursed for their actual and necessary
expenses by the Western Interstate Commission for Higher
Education.
(4) The governor may remove a member of the commission in conformity with the provisions of RCW 43.06.070,
43.06.080 and 43.06.090. [1981 c 338 § 14; 1969 ex.s. c
223 § 28B.70.040. Prior: 1955 c 214 § 4. Formerly RCW
28.82.040.]
28B.70.050 Exemption from nonresident tuition fees
differential. When said compact becomes operative the
governing board of each institution of higher education in
this state, to the extent necessary to conform with the terms
of the contractual agreement, subject to the limitations of
[Title 28B RCW—page 182]
RCW 28B.15.910, may exempt from payment all or a
portion of the nonresident tuition fees differential, any
student admitted to such institution under the terms of a
contractual agreement entered into with the commission in
accord with the provisions of Article VIII(a) of the compact.
[1993 sp.s. c 18 § 33; 1992 c 231 § 30; 1969 ex.s. c 223 §
28B.70.050. Prior: 1955 c 214 § 5. Formerly RCW
28.82.050.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Chapter 28B.80
HIGHER EDUCATION COORDINATING BOARD
(Formerly: Council for postsecondary education in the state of
Washington)
Sections
28B.80.110
28B.80.129
28B.80.131
28B.80.132
28B.80.134
28B.80.150
28B.80.160
28B.80.170
28B.80.175
28B.80.180
28B.80.200
28B.80.210
28B.80.230
28B.80.240
28B.80.245
28B.80.246
28B.80.250
28B.80.255
28B.80.260
28B.80.265
28B.80.270
28B.80.272
28B.80.280
28B.80.290
28B.80.300
28B.80.310
28B.80.320
28B.80.330
28B.80.340
28B.80.350
28B.80.360
28B.80.370
28B.80.380
28B.80.390
28B.80.400
Members—Compensation and travel expenses.
Staff support for high-technology coordinating board.
Distinguished professorship trust fund program—Board to
administer.
Graduate fellowship trust fund program—Board to administer.
Board to administer future teachers conditional scholarship
program.
Board to coordinate state participation within student exchange compact programs—Designate certifying officer.
Board to coordinate state participation within student exchange compact programs—Criteria—Washington interstate commission on higher education professional student exchange program trust fund.
Board to coordinate state participation within student exchange compact programs—Advice to governor, legislature.
Forum for education issues—Task force.
Board may develop and administer demonstration projects.
Board as state commission for federal law purposes.
Board to administer certain federal programs.
Federal funds, private gifts or grants, board to administer.
Student financial aid programs, board to administer.
Washington scholars award and Washington scholars-alternate award.
Washington scholars award waivers or grants—Transfers
between colleges and universities.
"Management employees" defined.
Washington award for excellence—Use of academic grant.
Management employee performance evaluations—
Procedures and forms.
Washington award for excellence—Rules.
Management employee performance evaluations—Merit
increases in salary.
Washington award for vocational excellence—Grants—
Definitions.
Statewide transfer of credit policy and agreement—Board to
establish with assistance of institutions of higher education, when.
Statewide transfer of credit policy and agreement—
Requirements.
Board created.
Definitions.
Purpose.
Duties.
Program responsibilities.
Coordination of activities with segments of higher education.
Administrative responsibilities.
Adoption of rules.
Advisory committees.
Members—Appointment.
Members—Terms.
(2002 Ed.)
Higher Education Coordinating Board
28B.80.410
28B.80.420
28B.80.430
28B.80.440
Members—Vacancies.
Bylaws—Meetings.
Director—Duties—Board use of state agencies.
Interstate discussions and agreements about standards and
programs for teachers, administrators, and educational
staff associates.
28B.80.442 Interstate discussions—Support and services of western
interstate commission on higher education.
28B.80.450 Placebound students—Study of needs.
28B.80.500 Branch campuses—Adjustment of enrollment lids.
28B.80.510 Branch campuses—Partnership between community colleges and four-year institutions.
28B.80.520 Branch campuses—Facilities acquisition.
28B.80.600 Coordination of telecommunications planning.
28B.80.610 Higher education institutional responsibilities.
28B.80.612 Identification of methods to reduce administrative barriers.
28B.80.614 Study of higher education system operations.
28B.80.616 Reports to legislature and citizens on postsecondary educational system—Reports to board from state board for
community and technical colleges and state institutions
of higher education—Cooperation with independent
colleges and universities.
28B.80.620 Washington teacher training pilot program—Higher education coordinating board powers and duties—Reports.
28B.80.622 Washington teacher training pilot program—Established.
28B.80.624 Washington teacher training pilot program—Gifts, grants,
endowments.
28B.80.626 Higher education coordinating board teacher training pilot
account.
28B.80.805 Border county higher education opportunity pilot project—
Findings—Intent.
28B.80.806 Border county higher education opportunity pilot project—
Created.
28B.80.807 Border county higher education opportunity pilot project—
Administration—Report.
28B.80.910 Severability—1969 ex.s. c 277.
28B.80.911 Severability—1985 c 370.
28B.80.912 Effective dates—1985 c 370.
Actions against educational boards—Defense—Costs—Payment of obligations from liability account: RCW 28B.10.840, 28B.10.842.
Blind students’ assistance at institutions of higher education, council duties
concerning: RCW 28B.10.210 through 28B.10.220.
Board to adopt rules relating to students’ residency status, recovery of fees:
RCW 28B.15.015.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Development of definitions, criteria, and procedures for the operating cost
of instruction—Educational cost study: RCW 28B.15.070.
Displaced homemaker act, board participation: Chapter 28B.04 RCW.
Educational boards, insurance to protect and hold personally harmless:
RCW 28B.10.840, 28B.10.844.
High-technology coordinating board, representative of council or designee
member of: RCW 28B.65.040.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Remunerated professional leaves for faculty members of institutions of
higher education: RCW 28B.10.650.
28B.80.110 Members—Compensation and travel
expenses. Members of the board shall be compensated in
accordance with RCW 43.03.240 and shall receive travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
[1985 c 370 § 16; 1984 c 287 § 65; 1975-’76 2nd ex.s. c 34
§ 77; 1969 ex.s. c 277 § 12. Formerly RCW 28.89.110.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
(2002 Ed.)
Chapter 28B.80
28B.80.129 Staff support for high-technology
coordinating board. See RCW 28B.65.060.
28B.80.131 Distinguished professorship trust fund
program—Board to administer. See RCW 28B.10.867.
28B.80.132 Graduate fellowship trust fund program—Board to administer. See RCW 28B.10.881.
28B.80.134 Board to administer future teachers
conditional scholarship program. See RCW 28B.102.030.
28B.80.150 Board to coordinate state participation
within student exchange compact programs—Designate
certifying officer. The board is hereby specifically directed
to develop such state plans as are necessary to coordinate the
state of Washington’s participation within the student
exchange compact programs under the auspices of the
Western Interstate Commission for Higher Education, as
provided by chapter 28B.70 RCW. In addition to establishing such plans the board shall designate the state certifying
officer for student programs. [1985 c 370 § 17; 1974 ex.s.
c 4 § 3.]
Severability—1974 ex.s. c 4: "If any provision of this 1973 [1974]
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 4 § 6.]
28B.80.160 Board to coordinate state participation
within student exchange compact programs—Criteria—
Washington interstate commission on higher education
professional student exchange program trust fund. In the
development of any such plans as called for within RCW
28B.80.150, the board shall use at least the following
criteria:
(1) Students who are eligible to attend compact-authorized programs in other states shall meet the Washington
residency requirements of chapter 28B.15 RCW prior to
being awarded tuition assistance.
(2) For recipients named after January 1, 1995, the
tuition assistance shall be in the form of loans that may be
completely forgiven in exchange for the student’s service
within the state of Washington after graduation. The
requirements for such service and provisions for loan
forgiveness shall be determined in rules adopted by the
board.
(3) If appropriations are insufficient to fund all students
qualifying under subsection (1) of this section, then the plans
shall include criteria for student selection that would be in
the best interest in meeting the state’s educational needs, as
well as recognizing the financial needs of students.
(4) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, that are paid by or on behalf of participants under
this section, shall be deposited with the board and placed in
an account created in this section and shall be used to cover
the costs of granting the scholarships, maintaining necessary
records, and making collections. The board shall maintain
accurate records of these costs, and all receipts beyond those
necessary to pay such costs shall be used to grant conditional
loans to eligible students.
[Title 28B RCW—page 183]
28B.80.160
Title 28B RCW: Higher Education
(5) The Washington interstate commission on higher
education professional student exchange program trust fund
is created in the custody of the state treasurer. All receipts
from loan repayment shall be deposited into the fund. Only
the higher education coordinating board, or its designee, may
authorize expenditures from the fund. No appropriation is
required for expenditures from this fund. [1995 c 217 § 1;
1985 c 370 § 18; 1974 ex.s. c 4 § 4.]
Effective date—1995 c 217: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 3, 1995]." [1995 c 217 § 3.]
Severability—1974 ex.s. c 4: See note following RCW 28B.80.150.
28B.80.170 Board to coordinate state participation
within student exchange compact programs—Advice to
governor, legislature. The board shall periodically advise
the governor and the legislature of the policy implications of
the state of Washington’s participation in the Western
Interstate Commission for Higher Education student exchange programs as they affect long-range planning for postsecondary education, together with recommendations on the
most efficient way to provide high cost or special educational programs to Washington residents. [1985 c 370 § 19;
1974 ex.s. c 4 § 5.]
Severability—1974 ex.s. c 4: See note following RCW 28B.80.150.
28B.80.175 Forum for education issues—Task force.
The higher education coordinating board shall work with the
state board of education to establish the task force under
RCW 28A.305.285. [1994 c 222 § 3.]
Effective date—1994 c 222: See note following RCW 28A.305.280.
28B.80.180 Board may develop and administer
demonstration projects. The higher education coordinating
board may develop and administer demonstration projects
designed to prepare and assist persons to obtain a higher
education in this state. [1989 c 306 § 2.]
28B.80.200 Board as state commission for federal
law purposes. The higher education coordinating board is
designated as the state commission as provided for in
Section 1202 of the education amendments of 1972 (Public
Law 92-318), as now or hereafter amended; and shall
perform such functions as is necessary to comply with
federal directives pertaining to the provisions of such law:
PROVIDED, That notwithstanding the provisions of *RCW
28B.80.050, all members of the board shall have full voting
powers in taking actions related to federal postsecondary
educational planning functions as provided for in this section
and RCW 28B.80.210 through 28B.80.240. [1985 c 370 §
20; 1975 1st ex.s. c 132 § 9.]
*Reviser’s note: RCW 28B.80.050 was repealed by 1985 c 370 §
105, effective January 1, 1986.
Effective date—1975 1st ex.s. c 132: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 132 § 19.]
Severability—1975 1st ex.s. c 132: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 132 § 18.]
[Title 28B RCW—page 184]
28B.80.210 Board to administer certain federal
programs. The board shall administer any federal act
pertaining to higher education which is not administered by
another state agency. [1985 c 370 § 21; 1975 1st ex.s. c 132
§ 12. Prior: 1969 ex.s. c 263 § 3. Formerly RCW
28.90.120, 28B.81.030.]
Effective date—Severability—1975 1st ex.s. c 132: See notes
following RCW 28B.80.200.
28B.80.230 Federal funds, private gifts or grants,
board to administer. The board is authorized to receive
and expend federal funds and any private gifts or grants,
such federal funds or private funds to be expended in accordance with the conditions contingent in such grant thereof.
[1985 c 370 § 22; 1975 1st ex.s. c 132 § 14. Prior: 1969
ex.s. c 263 § 5. Formerly RCW 28.90.140, 28B.81.050.]
Effective date—Severability—1975 1st ex.s. c 132: See notes
following RCW 28B.80.200.
28B.80.240 Student financial aid programs, board
to administer. The board shall administer any state program or state-administered federal program of student financial aid now or hereafter established. [1985 c 370 § 23;
1975 1st ex.s. c 132 § 15. Prior: 1969 ex.s. c 263 § 7.
Formerly RCW 28.90.160, 28B.81.070.]
Effective date—Severability—1975 1st ex.s. c 132: See notes
following RCW 28B.80.200.
28B.80.245 Washington scholars award and Washington scholars-alternate award. (1) Recipients of the
Washington scholars award or the Washington scholarsalternate award under RCW 28A.600.100 through
28A.600.150 who choose to attend an independent college or
university in this state, as defined in subsection (4) of this
section, and recipients of the award named after June 30,
1994, who choose to attend a public college or university in
the state may receive grants under this section if moneys are
available. The higher education coordinating board shall
distribute grants to eligible students under this section from
moneys appropriated for this purpose. The individual grants
shall not exceed, on a yearly basis, the yearly, full-time,
resident, undergraduate tuition and service and activities fees
in effect at the state-funded research universities. Grants to
recipients attending an independent institution shall be
contingent upon the institution matching on at least a dollarfor-dollar basis, either with actual money or by a waiver of
fees, the amount of the grant received by the student from
the state. The higher education coordinating board shall
establish procedures, by rule, to disburse the awards as direct
grants to the students.
(2) The higher education coordinating board shall
establish rules that provide for the annual awarding of
grants, if moneys are available, to three Washington scholars
per legislative district; and, if not used by an original
recipient, to the Washington scholars-alternate from the same
legislative district.
Beginning with scholars selected in the year 2000, if the
recipients of grants fail to demonstrate in a timely manner
that they will enroll in a Washington institution of higher
education in the fall term of the academic year following the
award of the grant or are deemed by the higher education
(2002 Ed.)
Higher Education Coordinating Board
coordinating board to have withdrawn from college during
the first academic year following the award, then the grant
shall be considered relinquished. The higher education
coordinating board may then award any remaining grant
amounts to the Washington scholars-alternate from the same
legislative district if the grants are awarded within one
calendar year of the recipient being named a Washington
scholars-alternate. Washington scholars-alternates named as
recipients of the grant must also demonstrate in a timely
manner that they will enroll in a Washington institution of
higher education during the next available term, as determined by the higher education coordinating board. The
board may accept appeals and grant waivers to the enrollment requirements of this section based on exceptional mitigating circumstances of individual grant recipients.
To maintain eligibility for the grants, recipients must
maintain a minimum grade point average at the college or
university equivalent to 3.30. Students shall be eligible to
receive a maximum of twelve quarters or eight semesters of
grants for undergraduate study and may transfer among instate public and independent colleges and universities during
that period and continue to receive the grant as provided
under RCW 28B.80.246. If the student’s cumulative grade
point average falls below 3.30 during the first three quarters
or two semesters, that student may petition the higher
education coordinating board which shall have the authority
to establish a probationary period until such time as the
student’s grade point average meets required standards.
(3) No grant shall be awarded to any student who is
pursuing a degree in theology.
(4) As used in this section, "independent college or
university" means a private, nonprofit educational institution,
the main campus of which is permanently situated in the
state, open to residents of the state, providing programs of
education beyond the high school level leading at least to the
baccalaureate degree, and accredited by the northwest
association of schools and colleges as of June 9, 1988, and
other institutions as may be developed that are approved by
the higher education coordinating board as meeting equivalent standards as those institutions accredited under this
section.
(5) As used in this section, "public college or university" means an institution of higher education as defined in
RCW 28B.10.016. [1999 c 159 § 3; 1995 1st sp.s. c 5 § 3;
1990 c 33 § 560; 1988 c 210 § 1.]
Findings—Intent—1999 c 159: See note following RCW
28A.600.150.
Severability—Effective date—1995 1st sp.s. c 5: See notes
following RCW 28A.600.130.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Application—1988 c 210 § 1: "RCW 28B.80.245 shall apply to
persons holding the Washington scholars award as of June 9, 1988, as well
as persons holding the award after June 9, 1988." [1988 c 210 § 3.]
28B.80.246 Washington scholars award waivers or
grants—Transfers between colleges and universities.
Students receiving grants under RCW 28B.80.245 or waivers
under RCW 28B.15.543 are entitled to transfer among instate public and independent colleges or universities and to
continue to receive award benefits, as provided in this
section, in the form of a grant or waiver of tuition and
(2002 Ed.)
28B.80.245
services and activities fees while enrolled at such institutions
during the period of eligibility. The total grants or waivers
for any one student shall not exceed twelve quarters or eight
semesters of undergraduate study.
(1) Scholars named to the award on or before June 30,
1994, may transfer between in-state public institutions, or
from an eligible independent college or university to an instate public institution of higher education, and are entitled
to receive the waiver of tuition and services and activities
fees.
(2) Scholars named to the award on or before June 30,
1994, may transfer from an in-state public institution to an
eligible independent college or university, or between
eligible independent colleges or universities, and continue to
receive a grant contingent upon available funding.
(3) Scholars named to the award after June 30, 1994,
may transfer among in-state public or private colleges and
universities and continue to receive the grant contingent
upon available funding.
(4) In addition, scholars who transfer to an eligible
independent institution may receive the grant contingent
upon the agreement of the school to match on at least a
dollar-for-dollar basis, either with actual money or by a
waiver of fees, the amount of the grant received by the
student from the state. [1995 1st sp.s. c 5 § 4; 1988 c 210
§ 2.]
Severability—Effective date—1995 1st sp.s. c 5: See notes
following RCW 28A.600.130.
28B.80.250
"Management employees" defined.
Reviser’s note: RCW 28B.80.250 was amended by 1985 c 370 § 24,
effective January 1, 1986, without reference to its repeal by 1985 c 461 §
16. It has been decodified for publication purposes pursuant to RCW
1.12.025.
28B.80.255 Washington award for excellence—Use
of academic grant. (1) Teachers, classified employees, and
principals or administrators who select an academic grant
under *RCW 28A.625.041(2)(a) shall use the grant to attend
a state public institution of higher education located in the
state of Washington, except that the academic grant may be
used for courses at a private institution of higher education
in the state of Washington if the conditions in subsection (3)
of this section are met, and the academic grant may be used
for courses at a public or a private institution of higher
education in another state or country if the conditions in
subsection (4) of this section are met.
(2) "Institution of higher education" means:
(a) Any public university, college, community college,
or technical college operated by the state of Washington or
any political subdivision thereof; or
(b) Any other university, college, school, or institute in
the state of Washington offering instruction beyond the high
school level which is a member institution of an accrediting
association recognized by rule of the board. Any institution,
branch, extension, or facility operating within the state of
Washington which is affiliated with an institution operating
in another state must be a separately accredited member
institution of an accrediting association recognized by the
board.
(3) Teachers, classified employees, and principals or
administrators who select an academic grant under *RCW
[Title 28B RCW—page 185]
28B.80.255
Title 28B RCW: Higher Education
28A.625.041(2)(a) may use the grant for courses at any
private institution as defined in subsection (2)(b) of this section subject to the following conditions:
(a) The academic grant shall provide reimbursement to
the recipient for actual costs incurred for tuition and fees for
up to forty-five quarter credit hours or thirty semester credit
hours at a rate of reimbursement per credit hour not to
exceed the resident graduate, part-time cost per credit hour
at the University of Washington in the year the recipient
takes the credits. In addition, a stipend not to exceed one
thousand dollars shall be provided for costs incurred in
taking courses covered by the academic grant beginning with
1992 recipients, if funds are appropriated for the stipends in
the omnibus appropriations act. This stipend shall be
provided as reimbursement for actual costs incurred;
(b) The academic grant shall be contingent on the
private institution matching on at least a dollar-for-dollar
basis, either with actual money or by waiver of fees, the
amount of the academic grant received by the recipient from
the state; and
(c) The academic grant may not be used for any courses
that include any religious worship or exercise, or apply to
any degree in religious, seminarian, or theological academic
studies.
(4) Teachers, classified employees, and principals or
administrators who select an academic grant under *RCW
28A.625.041(2)(a) may use the grant for courses at a public
or private higher education institution in another state or
country subject to the following conditions:
(a) The institution has an exchange program with a
public or private higher education institution in Washington
and the exchange program is approved or recognized by the
higher education coordinating board; or
(b) The institution is approved or recognized by the
higher education coordinating board; and
(c) The recipient of the Washington award for excellence in education has submitted in writing to the higher
education coordinating board an explanation of why the
preferred course or courses are not available at a public or
private institution in Washington; and
(d) The academic grant may not be used for any courses
that include any religious worship or exercise, or apply to
any degree in religious, seminarian, or theological academic
studies. [1992 c 83 § 3; 1992 c 50 § 2; 1991 c 255 § 6.]
Reviser’s note: *(1) RCW 28A.625.041 expired June 30, 1998.
(2) This section was amended by 1992 c 50 § 2 and by 1992 c 83 §
3, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Effective date—1992 c 83: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
30, 1992." [1992 c 83 § 6.]
Effective date—1992 c 50: "This act shall take effect June 30, 1993."
[1992 c 50 § 4.]
28B.80.260 Management employee performance
evaluations—Procedures and forms.
Reviser’s note: RCW 28B.80.260 was amended by 1985 c 370 § 25,
effective January 1, 1986, without reference to its repeal by 1985 c 461 §
16. It has been decodified for publication purposes pursuant to RCW
1.12.025.
[Title 28B RCW—page 186]
28B.80.265 Washington award for excellence—
Rules. (1) The higher education coordinating board shall
adopt rules as necessary under chapter 34.05 RCW to
administer the academic grants awarded under *RCW
28A.625.041(2)(a).
(2) The rules adopted by the board shall reflect that the
changes to *RCW 28A.625.041(2)(a) in section 1, chapter
83, Laws of 1992 shall apply to all recipients of a Washington award for excellence in education, regardless of the
statutory language in effect at the time the award was
granted. [1992 c 83 § 4; 1991 c 255 § 7.]
*Reviser’s note: RCW 28A.625.041 expired June 30, 1998.
Effective date—1992 c 83: See note following RCW 28B.80.255.
28B.80.270 Management employee performance
evaluations—Merit increases in salary.
Reviser’s note: RCW 28B.80.270 was amended by 1985 c 370 § 26,
effective January 1, 1986, without reference to its repeal by 1985 c 461 §
16. It has been decodified for publication purposes pursuant to RCW
1.12.025.
28B.80.272 Washington award for vocational
excellence—Grants—Definitions. (1) Recipients of the
Washington award for vocational excellence under RCW
28C.04.520 through 28C.04.550, who receive the award after
June 30, 1994, may receive a grant, if funds are available.
The grant shall be used to attend a postsecondary institution
located in the state of Washington. Recipients may attend an
institution of higher education as defined in RCW
28B.10.016, or an independent college or university, or a
licensed private vocational school. The higher education
coordinating board shall distribute grants to eligible students
under this section from moneys appropriated for this purpose. The individual grants shall not exceed, on a yearly
basis, the yearly, full-time, resident, undergraduate tuition
and service and activities fees in effect at the state-funded
research universities. In consultation with the work force
training and education coordinating board, the higher
education coordinating board shall establish procedures, by
rule, to disburse the awards as direct grants to the students.
(2) To qualify for the grant, recipients shall enter the
postsecondary institution within three years of high school
graduation and maintain a minimum grade point average at
the institution equivalent to 3.00, or, at a technical college,
an above average rating. Students shall be eligible to receive
a maximum of two years of grants for undergraduate study
and may transfer among in-state eligible postsecondary
institutions during that period and continue to receive the
grant.
(3) No grant may be awarded to any student who is
pursuing a degree in theology.
(4) As used in this section, "independent college or
university" means a private, nonprofit educational institution,
the main campus of which is permanently situated in the
state, open to residents of the state, providing programs of
education beyond the high school level leading at least to the
baccalaureate degree, and accredited by the Northwest
association of schools and colleges as of June 9, 1988, and
other institutions as may be developed that are approved by
the higher education coordinating board as meeting equivalent standards as those institutions accredited under this
section.
(2002 Ed.)
Higher Education Coordinating Board
(5) As used in this section, "licensed private vocational
school" means a private postsecondary institution, located in
the state, licensed by the work force training and education
coordinating board under chapter 28C.10 RCW, and offering
postsecondary education in order to prepare persons for a
vocation or profession, as defined in RCW 28C.10.020(7).
[1995 1st sp.s. c 7 § 8.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28B.80.280 Statewide transfer of credit policy and
agreement—Board to establish with assistance of institutions of higher education, when. The board shall, in
cooperation with the state institutions of higher education
and the state board for community and technical colleges,
establish and maintain a statewide transfer of credit policy
and agreement. The policy and agreement shall, where
feasible, include course and program descriptions consistent
with statewide interinstitutional guidelines. The institutions
of higher education shall provide support and staff resources
as necessary to assist in developing and maintaining this
policy and agreement. The statewide transfer of credit
policy and agreement shall be effective beginning with the
1985-86 academic year. [1998 c 245 § 23; 1985 c 370 § 27;
1983 c 304 § 1.]
28B.80.290 Statewide transfer of credit policy and
agreement—Requirements. The statewide transfer of credit
policy and agreement shall be designed to facilitate the
transfer of students and the evaluation of transcripts, to
better serve persons seeking information about courses and
programs, to aid in academic planning, and to improve the
review and evaluation of academic programs in the state
institutions of higher education. The statewide transfer of
credit policy and agreement shall not require nor encourage
the standardization of course content and shall not prescribe
course content or the credit value assigned by any institution
to the course. [1983 c 304 § 2.]
28B.80.300 Board created. There is hereby created
the Washington higher education coordinating board. [1985
c 370 § 1.]
28B.80.310 Definitions. For the purposes of this
chapter:
(1) "Board" means the higher education coordinating
board; and
(2) "Four-year institutions" means the University of
Washington, Washington State University, Central Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College.
[1985 c 370 § 2.]
28B.80.320 Purpose. The purpose of the board is to
provide planning, coordination, monitoring, and policy
analysis for higher education in the state of Washington in
cooperation and consultation with the institutions’ autonomous governing boards and with all other segments of
postsecondary education, including but not limited to the
*state board for community college education and the
**commission for vocational education. The legislature
(2002 Ed.)
28B.80.272
intends that the board represent the broad public interest
above the interests of the individual colleges and universities.
[1985 c 370 § 3.]
Reviser’s note: *(1) The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
**(2) The commission on vocational education and its powers and
duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated
June 30, 1986, and repealed June 30, 1987. See 1983 c 197 §§ 17 and 43.
28B.80.330 Duties. The board shall perform the
following planning duties in consultation with the four-year
institutions, the community and technical college system, and
when appropriate the work force training and education
coordinating board, the superintendent of public instruction,
and the independent higher educational institutions:
(1) Develop and establish role and mission statements
for each of the four-year institutions and for the community
and technical college system;
(2) Identify the state’s higher education goals, objectives, and priorities;
(3) Prepare a comprehensive master plan which includes
but is not limited to:
(a) Assessments of the state’s higher education needs.
These assessments may include, but are not limited to: The
basic and continuing needs of various age groups; business
and industrial needs for a skilled work force; analyses of
demographic, social, and economic trends; consideration of
the changing ethnic composition of the population and the
special needs arising from such trends; college attendance,
retention, and dropout rates, and the needs of recent high
school graduates and placebound adults. The board should
consider the needs of residents of all geographic regions, but
its initial priorities should be applied to heavily populated
areas underserved by public institutions;
(b) Recommendations on enrollment and other policies
and actions to meet those needs;
(c) Guidelines for continuing education, adult education,
public service, and other higher education programs;
(d) Mechanisms through which the state’s higher
education system can meet the needs of employers hiring for
industrial projects of statewide significance.
The initial plan shall be submitted to the governor and
the legislature by December 1, 1987. Comments on the plan
from the board’s advisory committees and the institutions
shall be submitted with the plan.
The plan shall be updated every four years, and presented to the governor and the appropriate legislative policy
committees. Following public hearings, the legislature shall,
by concurrent resolution, approve or recommend changes to
the initial plan, and the updates. The plan shall then become
state higher education policy unless legislation is enacted to
alter the policies set forth in the plan;
(4) Review, evaluate, and make recommendations on
operating and capital budget requests from four-year institutions and the community and technical college system, based
on the elements outlined in subsections (1), (2), and (3) of
this section, and on guidelines which outline the board’s
fiscal priorities. These guidelines shall be distributed to the
institutions and the community college board by December
of each odd-numbered year. The institutions and the
community college board shall submit an outline of their
[Title 28B RCW—page 187]
28B.80.330
Title 28B RCW: Higher Education
proposed budgets, identifying major components, to the
board no later than August 1 of each even-numbered year.
The board shall submit recommendations on the proposed
budgets and on the board’s budget priorities to the office of
financial management before November 1st of each evennumbered year, and to the legislature by January 1 of each
odd-numbered year;
(5) Institutions and the state board for community and
technical colleges shall submit any supplemental budget
requests and revisions to the board at the same time they are
submitted to the office of financial management. The board
shall submit recommendations on the proposed supplemental
budget requests to the office of financial management by
November 1st and to the legislature by January 1st;
(6) Recommend legislation affecting higher education;
(7) Recommend tuition and fees policies and levels
based on comparisons with peer institutions;
(8) Establish priorities and develop recommendations on
financial aid based on comparisons with peer institutions;
(9) Prepare recommendations on merging or closing
institutions; and
(10) Develop criteria for identifying the need for new
baccalaureate institutions. [1997 c 369 § 10; 1996 c 174 §
1; 1993 c 363 § 6; 1985 c 370 § 4.]
Findings—Effective date—1993 c 363: See notes following RCW
28B.80.610.
Industrial project of statewide significance—Defined: RCW 43.157.010.
28B.80.340 Program responsibilities. The board
shall perform the following program responsibilities, in
consultation with the institutions and with other interested
agencies and individuals:
(1) Approve the creation of any new degree programs
at the four-year institutions and prepare fiscal notes on any
such programs;
(2) Review, evaluate, and make recommendations for
the modification, consolidation, initiation, or elimination of
on-campus programs, at the four-year institutions;
(3) Review and evaluate and approve, modify, consolidate, initiate, or eliminate off-campus programs at the fouryear institutions;
(4) Approve, and adopt guidelines for, higher education
centers and consortia;
(5) Approve purchase or lease of major off-campus
facilities for the four-year institutions and the community
colleges;
(6) Establish campus service areas and define oncampus and off-campus activities and major facilities; and
(7) Approve contracts for off-campus educational
programs initiated by the state’s four-year institutions
individually, in concert with other public institutions, or with
independent institutions. [1985 c 370 § 5.]
28B.80.350 Coordination of activities with segments
of higher education. The board shall coordinate educational
activities among all segments of higher education taking into
account the educational programs, facilities, and other
resources of both public and independent two and four-year
colleges and universities. The four-year institutions and the
state board for community and technical colleges shall
[Title 28B RCW—page 188]
coordinate information and activities with the board. The
board shall have the following additional responsibilities:
(1) Promote interinstitutional cooperation;
(2) Establish minimum admission standards for fouryear institutions, including a requirement that coursework in
American sign language or an American Indian language
shall satisfy any requirement for instruction in a language
other than English that the board or the institutions may
establish as a general undergraduate admissions requirement;
(3) Establish transfer policies;
(4) Adopt rules implementing statutory residency
requirements;
(5) Develop and administer reciprocity agreements with
bordering states and the province of British Columbia;
(6) Review and recommend compensation practices and
levels for administrative employees, exempt under *chapter
28B.16 RCW, and faculty using comparative data from peer
institutions;
(7) Monitor higher education activities for compliance
with all relevant state policies for higher education;
(8) Arbitrate disputes between and among four-year
institutions or between and among four-year institutions and
community colleges at the request of one or more of the
institutions involved, or at the request of the governor, or
from a resolution adopted by the legislature. The decision
of the board shall be binding on the participants in the
dispute;
(9) Establish and implement a state system for collecting, analyzing, and distributing information;
(10) Recommend to the governor and the legislature
ways to remove any economic incentives to use off-campus
program funds for on-campus activities; and
(11) Make recommendations to increase minority
participation, and monitor and report on the progress of
minority participation in higher education. [1993 c 77 § 2;
1992 c 60 § 3; 1988 c 172 § 4; 1985 c 370 § 6.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was
recodified as RCW 41.06.382. For exemptions to higher education
personnel law see chapter 41.06 RCW. RCW 28B.16.015 and 41.06.382
were subsequently repealed by 2002 c 354 § 403, effective July 1, 2005.
28B.80.360 Administrative responsibilities. The
board shall perform the following administrative responsibilities:
(1) Administer the programs set forth in the following
statutes: RCW 28A.600.100 through 28A.600.150 (Washington scholars); chapter 28B.04 RCW (displaced homemakers); chapter 28B.85 RCW (degree-granting institutions);
RCW 28B.10.210 through 28B.10.220 (blind students
subsidy); RCW 28B.10.800 through 28B.10.824 (student
financial aid program); chapter 28B.12 RCW (work study);
RCW 28B.15.067 (establishing tuition and fees); RCW
28B.15.543 (tuition waivers for Washington scholars); RCW
28B.15.760 through 28B.15.766 (math and science loans);
RCW 28B.80.150 through 28B.80.170 (student exchange
compact); RCW 28B.80.240 (student aid programs); and
RCW 28B.80.210 (federal programs).
(2) Study the delegation of the administration of the
following: RCW 28B.65.040 through 28B.65.060 (hightechnology board); chapter 28B.85 RCW (degree-granting
institutions); RCW 28B.80.150 through 28B.80.170 (student
(2002 Ed.)
Higher Education Coordinating Board
exchange compact programs); RCW 28B.80.200 (state
commission for federal law purposes); RCW 28B.80.210
(enumerated federal programs); RCW 28B.80.230 (receipt of
federal funds); RCW 28B.80.240 (student financial aid
programs); RCW 28A.600.120 through 28A.600.150 (Washington scholars); RCW 28B.15.543 (Washington scholars);
RCW 28B.04.020 through 28B.04.110 (displaced homemakers); RCW 28B.10.215 and 28B.10.220 (blind students);
RCW 28B.10.790, 28B.10.792, and 28B.10.802 through
28B.10.844 (student financial aid); RCW 28B.12.040 through
28B.12.070 (student work study); RCW 28B.15.100 (reciprocity agreement); RCW 28B.15.730 through 28B.15.736
(Oregon reciprocity); RCW 28B.15.750 through 28B.15.754
(Idaho reciprocity); RCW 28B.15.756 and 28B.15.758
(British Columbia reciprocity); and RCW 28B.15.760
through 28B.15.764 (math/science loans). [1998 c 245 § 24;
1995 1st sp.s. c 9 § 12; 1990 c 33 § 561; 1986 c 136 § 20;
1985 c 370 § 7.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes
following RCW 28B.15.031.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—Effective date—1986 c 136: See RCW 28B.85.900
and 28B.85.902.
28B.80.370 Adoption of rules. The board shall have
authority to adopt rules as necessary to implement this
chapter. [1985 c 370 § 8.]
28B.80.380 Advisory committees. The board shall
establish advisory committees composed of members
representing faculty, administrators, students, regents and
trustees, and staff of the public institutions, the superintendent of public instruction, and the independent institutions.
[1985 c 370 § 9.]
28B.80.390 Members—Appointment. The board
shall consist of ten members, one of whom shall be a
student, who are representative of the public, including
women and the racial minority community. All members
shall be appointed at large by the governor and approved by
the senate. Following the term of the chair serving on June
13, 2002, the board shall select from its membership a chair
and a vice-chair who shall each serve a one-year term. The
chair and vice-chair may serve more than one term if
selected to do so by the membership. [2002 c 348 § 1; 2002
c 129 § 1; 1985 c 370 § 10.]
Reviser’s note: This section was amended by 2002 c 129 § 1 and by
2002 c 348 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
28B.80.400 Members—Terms. The members of the
board, except the chair and the student member, shall serve
for terms of four years, the terms expiring on June 30th of
the fourth year of the term except that in the case of initial
members, two shall be appointed to two-year terms, three
shall be appointed to three-year terms, and three shall be
appointed to four-year terms. The student member shall
hold his or her office for a term of one year from the first
day of July. [2002 c 129 § 2; 1985 c 370 § 11.]
(2002 Ed.)
28B.80.360
28B.80.410 Members—Vacancies. Any vacancies
among board members shall be filled by the governor subject
to confirmation by the senate then in session, or if not in
session, at the next session. Board members appointed under
this section shall have full authority to act as such prior to
the time the senate acts on their confirmation. Appointments
to fill vacancies shall be only for such terms as remain
unexpired. [1985 c 370 § 12.]
28B.80.420 Bylaws—Meetings. The board shall
adopt bylaws and shall meet at least four times each year
and at such other times as determined by the chair who shall
give reasonable prior notice to the members.
Board members are expected to consistently attend
board meetings. The chair of the board may ask the
governor to remove any member who misses more than two
meetings in any calendar year without cause. [1985 c 370
§ 13.]
28B.80.430 Director—Duties—Board use of state
agencies. The board shall employ a director and may
delegate agency management to the director. The director
shall serve at the pleasure of the board, shall be the executive officer of the board, and shall, under the board’s
supervision, administer the provisions of this chapter. The
executive director shall, with the approval of the board: (1)
Employ necessary deputy and assistant directors and other
exempt staff under chapter 28B.16 RCW who shall serve at
his or her pleasure on such terms and conditions as he or she
determines and (2) subject to the provisions of chapter
28B.16 RCW, appoint and employ such other employees as
may be required for the proper discharge of the functions of
the board. The executive director shall exercise such additional powers, other than rule making, as may be delegated
by the board by resolution. In fulfilling the duties under this
chapter, the board shall make extensive use of those state
agencies with responsibility for implementing and supporting
postsecondary education plans and policies including but not
limited to appropriate legislative groups, the postsecondary
education institutions, the office of financial management,
the *commission for vocational education, and the **state
board for community college education. Outside consulting
and service agencies may also be employed. The board may
compensate these groups and consultants in appropriate
ways. [1987 c 330 § 301; 1985 c 370 § 14.]
Reviser’s note: *(1) The commission on vocational education and its
powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were
terminated June 30, 1986, and repealed June 30, 1987. See 1983 c 197 §§
17 and 43.
**(2) The state board for community college education was renamed
the state board for community and technical colleges by 1991 c 238 § 30.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
28B.80.440 Interstate discussions and agreements
about standards and programs for teachers, administrators, and educational staff associates. (1) The higher
education coordinating board, jointly with the state board of
education and the superintendent of public instruction, shall
establish formal contact with education officials in Oregon,
and other member states of the western interstate commis[Title 28B RCW—page 189]
28B.80.440
Title 28B RCW: Higher Education
sion on higher education, as necessary, for the purpose of
entering into ongoing discussions relating to:
(a) Accreditation standards for programs leading to
certification of teachers, administrators, and educational staff
associates;
(b) Program requirements for the preparation of teachers, administrators, and educational staff associates; and
(c) Definitions of educational staff associates.
(2) The purpose of such discussions shall be to encourage agreements between Washington and Oregon, and
Washington and other western regional states, to facilitate
interstate recognition of certification programs, standards,
and requirements and thus encourage and accommodate
interstate student teaching opportunities and reduce barriers
for persons receiving certification in one state from being
immediately eligible for employment in another state. [1987
c 40 § 1.]
28B.80.442 Interstate discussions—Support and
services of western interstate commission on higher
education. In order to comply with the purposes of RCW
28B.80.440, the higher education coordinating board is
encouraged to enlist the support and services of the western
interstate commission on higher education. [1987 c 40 § 2.]
28B.80.450 Placebound students—Study of needs.
The higher education coordinating board shall study upper
division baccalaureate educational needs of placebound
students, and the graduate educational needs of teachers,
living in areas of the state not currently served by either
existing four-year institutions or branch campuses. The
study shall include recommendations on how the needs
should be addressed, and which institutions should be
responsible for serving specific areas. [1990 c 288 § 1.]
28B.80.500 Branch campuses—Adjustment of
enrollment lids. It is the intent of the legislature that, at the
same time additional capital or operating funds are approved
for the purposes of RCW 28B.45.020 through 28B.45.060,
enrollment lids at existing baccalaureate institutions of higher
education should be raised at the upper-division level insofar
as doing so would increase participation rates in underserved
areas. [1989 1st ex.s. c 7 § 2.]
Legislative findings—1989 1st ex.s. c 7: See RCW 28B.45.010.
28B.80.510 Branch campuses—Partnership between
community colleges and four-year institutions. In rules
and guidelines adopted for purposes of chapter 7, Laws of
1989 1st ex. sess., the higher education coordinating board
shall ensure a collaborative partnership between the community colleges and the four-year institutions. The partnership
shall be one in which the community colleges prepare
students for transfer to the upper-division programs of the
branch campuses. [1989 1st ex.s. c 7 § 8.]
Legislative findings—1989 1st ex.s. c 7: See RCW 28B.45.010.
28B.80.520 Branch campuses—Facilities acquisition.
Before approving any institutional request to acquire facilities in an area assigned in RCW 28B.45.020 through
28B.45.060, the higher education coordinating board shall
[Title 28B RCW—page 190]
ensure that creative and cost-effective methods of serving the
needs of each assigned area are considered, including but not
limited to:
(1) Exploring the possibility of time-sharing existing
college or university facilities for instructional and administrative purposes;
(2) Using rented facilities; and
(3) Utilizing telecommunication technology. [1989 1st
ex.s. c 7 § 9.]
Legislative findings—1989 1st ex.s. c 7: See RCW 28B.45.010.
28B.80.600 Coordination of telecommunications
planning. The higher education coordinating board shall
provide statewide coordination in telecommunications
programming, location selection, meeting community needs,
and development of a statewide higher education telecommunications plan. [1996 c 137 § 9; 1990 c 208 § 9.]
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
28B.80.610 Higher education institutional responsibilities. (1) At the local level, the higher education institutional responsibilities include but are not limited to:
(a) Development and provision of strategic plans under
the guidelines established by the higher education coordinating board. In developing their strategic plans, the research
universities shall consider the feasibility of significantly
increasing the number of evening graduate classes;
(b) For the four-year institutions of higher education,
timely provision of information required by the higher
education coordinating board to report to the governor, the
legislature, and the citizens;
(c) Provision of local student financial aid delivery
systems to achieve both statewide goals and institutional
objectives in concert with statewide policy; and
(d) Operating as efficiently as feasible within institutional missions and goals.
(2) At the state level, the higher education coordinating
board shall be responsible for:
(a) Delineation and coordination of strategic plans to be
prepared by the institutions;
(b) Preparation of reports to the governor, the legislature, and the citizens on program accomplishments and use
of resources by the institutions;
(c) Administration and policy implementation for
statewide student financial aid programs; and
(d) Assistance to institutions in improving operational
efficiency through measures that include periodic review of
program efficiencies.
(3) At the state level, on behalf of community colleges
and technical colleges, the state board for community and
technical colleges shall coordinate and report on the system’s
strategic plans and shall provide any information required of
its colleges by the higher education coordinating board.
[1993 c 363 § 2.]
Findings—1993 c 363: "The legislature finds a need to redefine the
relationship between the state and its postsecondary education institutions
through a compact based on trust, evidence, and a new alignment of
responsibilities. As the proportion of the state budget dedicated to
postsecondary education programs has continued to decrease and the
opportunity for this state’s citizens to participate in such programs also has
declined, the state institutions of higher education have increasingly less
flexibility to respond to emerging challenges through innovative manage(2002 Ed.)
Higher Education Coordinating Board
ment and programming. The legislature finds that this state has not
provided its institutions of higher education with the ability to effectively
achieve statewide goals and objectives to increase access to, improve the
quality of, and enhance the accountability for its postsecondary education
system.
Therefore, the legislature declares that the policy of the state of
Washington is to create an environment in which the state institutions of
higher education have the authority and flexibility to enhance attainment of
statewide goals and objectives for the state’s postsecondary education
system through decisions and actions at the local level. The policy shall
have the following attributes:
(1) The accomplishment of equitable and adequate enrollment by
significantly raising enrollment lids, adequately funding those increases, and
providing sufficient financial aid for the neediest students;
(2) The development and use of a new definition of quality measured
by effective operations and clear results; the efficient use of funds to
achieve well-educated students;
(3) The attainment of a new resource management relationship that
removes the state from micromanagement, allows institutions greater
management autonomy to focus resources on essential functions, and
encourages innovation; and
(4) The development of a system of coordinated planning and
sufficient feedback to assure policymakers and citizens that students are
succeeding and resources are being prudently deployed." [1993 c 363 § 1.]
Effective date—1993 c 363: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 363 § 7.]
28B.80.612 Identification of methods to reduce
administrative barriers. In cooperation with institutions of
higher education, the state board for community and technical colleges, and appropriate state and local agencies, the
higher education coordinating board may identify methods to
reduce administrative barriers to efficient institutional
operations. These methods may include waivers of statutory
requirements and administrative rules. In cooperation with
affected institutions, the board shall work with appropriate
agencies to reduce administrative barriers that do not require
statutory changes. [1998 c 245 § 25; 1993 c 363 § 3.]
Findings—Effective date—1993 c 363: See notes following RCW
28B.80.610.
28B.80.614 Study of higher education system
operations. The higher education coordinating board, in
conjunction with the four-year institutions of higher education, shall conduct a study of higher education system
operations to identify efficiencies to increase access to,
improve the quality of, and reduce the cost of higher
education. This study shall include but not be limited to:
(1) Examining potential unnecessary duplicative and
low-productivity programs for possible consolidation or
termination;
(2) Developing criteria for and conducting an evaluation
of faculty productivity;
(3) Reviewing and developing recommendations on
appropriate institutional roles for providing remedial instruction;
(4) Exploring the potential for greater use of the public
higher education system physical plant and other resources
through such means as expanded operations during summer
terms, evenings, and weekends;
(5) Examining the effectiveness of proposals on variable
tuition rates and faculty salary incentives; and
(6) Identifying ways for institutions to share resources,
faculty, and curricula through collaboration with other public
(2002 Ed.)
28B.80.610
and private postsecondary institutions and common school
districts in their service areas to increase student opportunities and reduce costs. Analyses shall include clear articulation of functions among institutions, means to reduce
duplication, and policies to facilitate student movement
among institutions. [1993 c 363 § 4.]
Findings—Effective date—1993 c 363: See notes following RCW
28B.80.610.
28B.80.616 Reports to legislature and citizens on
postsecondary educational system—Reports to board
from state board for community and technical colleges
and state institutions of higher education—Cooperation
with independent colleges and universities. The higher
education coordinating board, in conjunction with the state
board for community and technical colleges and the institutions of higher education, shall report regularly to the
legislature and the citizens the accomplishments of, expenditures for, and requirements of the postsecondary educational
system in the state of Washington. The state board for
community and technical colleges and the state institutions
of higher education shall report uniformly to the higher
education coordinating board, on an annual basis, the
information necessary to prepare the report. Independent
colleges and universities are encouraged to cooperate with
this effort and to provide to the board information in a
uniform format developed by the board, in cooperation with
the institutions. Examples of performance measures that
could be included are:
(1) Retention and graduation rates;
(2) Average time to a degree;
(3) Credit hours per degree awarded;
(4) Degrees awarded by discipline and by level;
(5) Multiple degrees;
(6) Measures taken to reduce duplicative courses,
programs, and requirements;
(7) Student-faculty contact hours;
(8) Placement rates;
(9) Success in recruiting and graduating underrepresented groups;
(10) Various fiscal and management measures; and
(11) Demographic information on enrolled students,
including but not limited to socioeconomic and ethnic
backgrounds. [1993 c 363 § 5.]
Findings—Effective date—1993 c 363: See notes following RCW
28B.80.610.
28B.80.620 Washington teacher training pilot
program—Higher education coordinating board powers
and duties—Reports. (Expires January 30, 2005.) (1)
The higher education coordinating board, in consultation
with the state board of education has the following powers
and duties in administering the pilot program established in
RCW 28B.80.622:
(a) To adopt rules necessary to carry out the program;
(b) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review
committee shall include individuals with significant experience in higher education in areas relevant to one or more of
the funding period priorities and shall include representatives
[Title 28B RCW—page 191]
28B.80.620
Title 28B RCW: Higher Education
from elementary, two-year, and four-year sectors of education;
(c) To award grants no later than September 1st in those
years when funding is available by June 30th;
(d) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program. During the 1999-2001 biennium, the
guidelines shall be consistent with the following desired
outcomes of:
(i) Designing a college-level course for enrollment of
selected high school seniors interested in teaching careers
and students enrolled in a school-based future teachers
academy;
(ii) Designing discipline-based lower division courses
that are thematically linked to state student learning goals,
essential academic learning requirements, and upper division
courses in the interdisciplinary arts and science curriculum
and supportive of teaching areas appropriate for prospective
teachers;
(iii) Designing a preprofessional educational studies
minor that would be pursued by prospective kindergarten
through eighth grade teachers in conjunction with an
interdisciplinary arts and science major;
(iv) Designing mentoring and service learning activities
at the community college level that would provide prospective teachers with an orientation to professional education;
and
(v) Designing a process for satisfying certification
requirements that encompasses pedagogical coursework and
school-based internships cognizant of the financial constraints of working students.
(2) The pilot project in this section shall conclude no
later than January 1, 2005.
(3) Beginning on December 31, 2001, the higher
education coordinating board shall submit an annual written
report to the education and higher education committees of
the legislature, the state board of education, and the office of
the superintendent of public instruction on the status of the
pilot project. [1999 c 177 § 2.]
Intent—1999 c 177: "There is a need for a coordinated program of
teacher training that will involve high schools, community colleges, and
four-year institutions of higher education in a collaborative, seamless
approach to developing teachers for the kindergarten through twelfth grade
system. Therefore, it is the intent of the legislature that an innovative pilot
project be established for teacher training and attracting teacher candidates.
Furthermore, the legislature intends to establish a pilot program by creating
a competitive grant program to assist educational institutions in developing
teacher training programs." [1999 c 177 § 1.]
Expiration date—1999 c 177: "Sections 1 through 5 of this act
expire January 30, 2005." [1999 c 177 § 8.]
28B.80.622 Washington teacher training pilot
program—Established. (Expires January 30, 2005.) The
Washington teacher training pilot program is established.
The higher education coordinating board shall administer the
program. Through this program the board may award, on a
competitive basis, grants to public institutions of higher
education or consortia of institutions to encourage high
quality and effective teacher training programs. Grants shall
not exceed a two-year period. Strong priority shall be given
to proposals that involve shared facilities, shared resources,
and cocurricular planning to establish the teacher training
program, and to proposals that involve participants from the
[Title 28B RCW—page 192]
interdisciplinary arts and science curriculum and professional
education faculty as well as classroom teachers from school
districts. Institutions of higher education are encouraged to
solicit nonstate funds to support this coordinated approach to
teacher training. [1999 c 177 § 3.]
Intent—Expiration date—1999 c 177: See notes following RCW
28B.80.620.
28B.80.624 Washington teacher training pilot
program—Gifts, grants, endowments. (Expires January
30, 2005.) The higher education coordinating board may
solicit and receive such gifts, grants, and endowments from
public or private sources as may be made from time to time,
in trust or otherwise, for the use and benefit of the purposes
of the program and may expend the same or any income
therefrom according to the terms of the gifts, grants, or
endowments. [1999 c 177 § 4.]
Intent—Expiration date—1999 c 177: See notes following RCW
28B.80.620.
28B.80.626 Higher education coordinating board
teacher training pilot account. (Expires January 30,
2005.) The higher education coordinating board teacher
training pilot account is established in the custody of the
state treasurer. The higher education coordinating board
shall deposit in the account all moneys received under RCW
28B.80.624. Moneys in the account may be spent only for
the purposes of RCW 28B.80.622. Disbursements from the
account shall be on the authorization of the higher education
coordinating board. The account is subject to the allotment
procedure provided under chapter 43.88 RCW, but no
appropriation is required for disbursements. [1999 c 177 §
5.]
Intent—Expiration date—1999 c 177: See notes following RCW
28B.80.620.
28B.80.805 Border county higher education opportunity pilot project—Findings—Intent. (Expires June 30,
2004.) (1) The legislature finds that certain tuition policies
in Oregon state are more responsive to the needs of students
living in economic regions that cross the state border than
the Washington state policies. Under Oregon policy,
students who are Washington residents may enroll at
Portland State University for eight credits or less and pay the
same tuition as Oregon residents. Further, the state of
Oregon passed legislation in 1997 to begin providing to its
community colleges the same level of state funding for
students residing in bordering states as students residing in
Oregon.
(2) The legislature intends to build on the recent Oregon
initiatives regarding tuition policy for students in bordering
states and to facilitate regional planning for higher education
delivery by creating a pilot project on resident tuition rates
in Washington counties that border Oregon state. [2002 c
130 § 1; 1999 c 320 § 1.]
Expiration date—2002 c 130: "This act expires June 30, 2004."
[2002 c 130 § 7.]
Expiration date—1999 c 320: "This act expires June 30, 2004."
[2002 c 130 § 6; 1999 c 320 § 6.]
(2002 Ed.)
Higher Education Coordinating Board
28B.80.806 Border county higher education opportunity pilot project—Created. (Expires June 30, 2004.)
(1) The border county higher education opportunity pilot
project is created. The purpose of the pilot project is to
allow Washington institutions of higher education that are
located in counties on the Oregon border to implement
tuition policies that correspond to Oregon policies. Under
the border county pilot project, Columbia Basin Community
College, Clark College, Lower Columbia Community
College, Grays Harbor Community College, and Walla Walla
Community College may enroll students who reside in the
bordering Oregon counties of Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, and Washington at
resident tuition rates. The Tri-Cities and Vancouver branches of Washington State University may enroll students who
reside in the bordering Oregon counties of Columbia,
Multnomah, Clatsop, Clackamas, Morrow, Umatilla, Union,
Wallowa, and Washington for eight credits or less at resident
tuition rates.
(2) Washington institutions of higher education participating in the pilot project shall give priority program
enrollment to Washington residents. [2002 c 130 § 2; 2000
c 160 § 3; 1999 c 320 § 2.]
Expiration date—2002 c 130: See note following RCW 28B.80.805.
Expiration date—2000 c 160: "This act expires June 30, 2004."
[2002 c 130 § 5; 2000 c 160 § 4.]
Expiration date—1999 c 320: See note following RCW 28B.80.805.
Resident tuition rates—Border county higher education opportunity pilot
project: RCW 28B.15.0139.
28B.80.807 Border county higher education opportunity pilot project—Administration—Report. (Expires
June 30, 2004.) (1) The higher education coordinating
board shall administer Washington’s participation in the
border county higher education opportunity pilot project.
(2) By December 1, 2003, the board shall report to the
governor and appropriate committees of the legislature on
the results of the pilot project. For each participating
Washington institution of higher education, the report shall
analyze, by program, the impact of the pilot project on:
Enrollment levels, distribution of students by residency, and
enrollment capacity. The report shall also include a recommendation on the extent to which border county tuition policies should be revised or expanded. [2002 c 130 § 4; 1999
c 320 § 3.]
Expiration date—2002 c 130: See note following RCW 28B.80.805.
Expiration date—1999 c 320: See note following RCW 28B.80.805.
28B.80.910 Severability—1969 ex.s. c 277. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 277 § 15. Formerly RCW 28.89.910.]
28B.80.911 Severability—1985 c 370. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1985 c 370 § 107.]
(2002 Ed.)
28B.80.806
28B.80.912 Effective dates—1985 c 370. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions. Section 106 of this act shall
take effect June 30, 1985. Sections 1 through 96, and 105
of this act shall take effect January 1, 1986, but any steps
that may be necessary to ensure that this act is implemented
on its effective dates may be taken immediately. [1985 c
370 § 108.]
Chapter 28B.85
DEGREE-GRANTING INSTITUTIONS
Sections
28B.85.010
28B.85.020
28B.85.030
28B.85.040
28B.85.045
28B.85.050
28B.85.060
28B.85.070
28B.85.080
28B.85.090
28B.85.100
28B.85.110
28B.85.120
28B.85.130
28B.85.140
28B.85.150
28B.85.160
28B.85.170
28B.85.180
28B.85.190
28B.85.900
28B.85.902
28B.85.905
28B.85.906
Definitions.
Board’s duties—Rules—Investigations—Interagency agreements for degree and nondegree programs—Financial
disclosure exempt from public disclosure.
Current authorization required to offer or grant degree.
Completion of program of study prerequisite to degree—
Application of chapter.
Institutions offering teacher preparation programs—
Exploration of methods to enhance awareness of teacher
preparation programs.
Board may require information.
Fees.
Surety bonds—Security in lieu of bond—Cancellation of
bond—Notice—Claims.
Suspension or modification of requirements authorized.
Claims—Complaints—Investigations—Hearings—Orders.
Violations—Civil penalties.
Violations—Criminal sanctions.
Actions resulting in jurisdiction of courts.
Educational records—Permanent file—Protection.
Contracts voidable—When.
Enforceability of debts—Authority to offer degree required.
Actions to enforce chapter—Who may bring—Relief.
Injunctive relief—Board may seek.
Violation of chapter unfair or deceptive practice under
RCW 19.86.020.
Remedies and penalties in chapter nonexclusive and cumulative.
Severability—1986 c 136.
Effective date—1986 c 136.
Validity of registration under prior laws.
Application of chapter to foreign degree-granting institution
branch campuses.
28B.85.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Board" means the higher education coordinating
board.
(2) "Degree" means any designation, appellation, letters,
or words including but not limited to "associate," "bachelor,"
"master," "doctor," or "fellow" which signify or purport to
signify satisfactory completion of the requirements of an
academic program of study beyond the secondary school
level.
(3) "Degree-granting institution" means an entity that
offers educational credentials, instruction, or services
prerequisite to or indicative of an academic or professional
degree beyond the secondary level. [1986 c 136 § 1.]
28B.85.020 Board’s duties—Rules—Investigations—
Interagency agreements for degree and nondegree
[Title 28B RCW—page 193]
28B.85.020
Title 28B RCW: Higher Education
programs—Financial disclosure exempt from public
disclosure. (1) The board:
(a) Shall adopt by rule minimum standards for degreegranting institutions concerning granting of degrees, quality
of education, unfair business practices, financial stability, and
other necessary measures to protect citizens of this state
against substandard, fraudulent, or deceptive practices. The
board shall adopt the rules in accordance with chapter 34.05
RCW;
(b) May investigate any entity the board reasonably
believes to be subject to the jurisdiction of this chapter. In
connection with the investigation, the board may administer
oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any
books, papers, correspondence, memorandums, or other
records which the board deems relevant or material to the
investigation. The board, including its staff and any other
authorized persons, may conduct site inspections and
examine records of all institutions subject to this chapter;
(c) Shall develop an interagency agreement with the
work force training and education coordinating board to
regulate degree-granting private vocational schools with
respect to degree and nondegree programs.
(2) Financial disclosures provided to the board by
degree-granting private vocational schools are not subject to
public disclosure under chapter 42.17 RCW. [1996 c 305 §
1; 1994 c 38 § 1; 1986 c 136 § 2.]
Severability—1996 c 305: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 305 § 5.]
28B.85.030 Current authorization required to offer
or grant degree. A degree-granting institution shall not
operate and shall not grant or offer to grant any degree
unless the institution has obtained current authorization from
the board. [1986 c 136 § 3.]
28B.85.040 Completion of program of study
prerequisite to degree—Application of chapter. (1) An
institution or person shall not advertise, offer, sell, or award
a degree or any other type of educational credential unless
the student has enrolled in and successfully completed a
prescribed program of study, as outlined in the institution’s
publications. This prohibition shall not apply to honorary
credentials clearly designated as such on the front side of the
diploma or certificate and awarded by institutions offering
other educational credentials in compliance with state law.
(2) Except as provided in subsection (1) of this section,
this chapter shall not apply to:
(a) Any public college, university, community college,
technical college, or institute operating as part of the public
higher educational system of this state;
(b) Institutions that have been accredited by an accrediting association recognized by the agency for the purposes of
this chapter: PROVIDED, That those institutions meet
minimum exemption standards adopted by the agency; and
PROVIDED FURTHER, That an institution, branch, extension, or facility operating within the state of Washington
which is affiliated with an institution operating in another
state must be a separately accredited member institution of
[Title 28B RCW—page 194]
any such accrediting association to qualify for this exemption;
(c) Institutions of a religious character, but only as to
those education programs devoted exclusively to religious or
theological objectives if the programs are represented in an
accurate manner in institutional catalogs and other official
publications; or
(d) Institutions not otherwise exempt which offer only
workshops or seminars lasting no longer than three calendar
days and for which academic credit is not awarded. [1996
c 97 § 1; 1994 c 38 § 2; 1986 c 136 § 4.]
28B.85.045 Institutions offering teacher preparation
programs—Exploration of methods to enhance awareness
of teacher preparation programs. See RCW 28B.10.032.
28B.85.050 Board may require information. All
degree-granting institutions subject to this chapter shall file
information with the board as the board may require. [1986
c 136 § 5.]
28B.85.060 Fees. The board shall impose fees on any
degree-granting institution authorized to operate under this
chapter. Fees shall be set and revised by the board by rule
at the level necessary to approximately recover the staffing
costs incurred in administering this chapter. Fees shall be
deposited in the general fund. [1986 c 136 § 6.]
28B.85.070 Surety bonds—Security in lieu of
bond—Cancellation of bond—Notice—Claims. (1) The
board may require any degree-granting institution to have on
file with the board an approved surety bond or other security
in lieu of a bond in an amount determined by the board.
(2) In lieu of a surety bond, an institution may deposit
with the board a cash deposit or other negotiable security
acceptable to the board. The security deposited with the
board in lieu of the surety bond shall be returned to the institution one year after the institution’s authorization has
expired or been revoked if legal action has not been instituted against the institution or the security deposit at the
expiration of the year. The obligations and remedies relating
to surety bonds authorized by this section, including but not
limited to the settlement of claims procedure in subsection
(5) of this section, shall apply to deposits filed with the
board, as applicable.
(3) Each bond shall:
(a) Be executed by the institution as principal and by a
corporate surety licensed to do business in the state;
(b) Be payable to the state for the benefit and protection
of any student or enrollee of an institution, or, in the case of
a minor, his or her parents or guardian;
(c) Be conditioned on compliance with all provisions of
this chapter and the board’s rules adopted under this chapter;
(d) Require the surety to give written notice to the board
at least thirty-five days before cancellation of the bond; and
(e) Remain in effect for one year following the effective
date of its cancellation or termination as to any obligation
occurring on or before the effective date of cancellation or
termination.
(4) Upon receiving notice of a bond cancellation, the
board shall notify the institution that the authorization will
(2002 Ed.)
Degree-Granting Institutions
be suspended on the effective date of the bond cancellation
unless the institution files with the board another approved
surety bond or other security. The board may suspend or revoke the authorization at an earlier date if it has reason to
believe that such action will prevent students from losing
their tuition or fees.
(5) If a complaint is filed under RCW 28B.85.090(1)
against an institution, the board may file a claim against the
surety and settle claims against the surety by following the
procedure in this subsection.
(a) The board shall attempt to notify all potential
claimants. If the absence of records or other circumstances
makes it impossible or unreasonable for the board to
ascertain the names and addresses of all the claimants, the
board after exerting due diligence and making reasonable
inquiry to secure that information from all reasonable and
available sources, may make a demand on a bond on the
basis of information in the board’s possession. The board is
not liable or responsible for claims or the handling of claims
that may subsequently appear or be discovered.
(b) Thirty days after notification, if a claimant fails,
refuses, or neglects to file with the board a verified claim,
the board shall be relieved of further duty or action under
this chapter on behalf of the claimant.
(c) After reviewing the claims, the board may make
demands upon the bond on behalf of those claimants whose
claims have been filed. The board may settle or compromise
the claims with the surety and may execute and deliver a
release and discharge of the bond.
(d) If the surety refuses to pay the demand, the board
may bring an action on the bond in behalf of the claimants.
If an action is commenced on the bond, the board may
require a new bond to be filed.
(e) Within ten days after a recovery on a bond or other
posted security has occurred, the institution shall file a new
bond or otherwise restore its security on file to the required
amount.
(6) The liability of the surety shall not exceed the
amount of the bond. [1986 c 136 § 7.]
28B.85.080 Suspension or modification of requirements authorized. The board may suspend or modify any
of the requirements under this chapter in a particular case if
the board finds that:
(1) The suspension or modification is consistent with the
purposes of this chapter; and
(2) The education to be offered addresses a substantial,
demonstrated need among residents of the state or that literal
application of this chapter would cause a manifestly unreasonable hardship. [1986 c 136 § 8.]
28B.85.090 Claims—Complaints—Investigations—
Hearings—Orders. (1) A person claiming loss of tuition or
fees as a result of an unfair business practice may file a
complaint with the board. The complaint shall set forth the
alleged violation and shall contain information required by
the board. A complaint may also be filed with the board by
an authorized staff member of the board or by the attorney
general.
(2) The board shall investigate any complaint under this
section and may attempt to bring about a settlement. The
(2002 Ed.)
28B.85.070
board may hold a hearing pursuant to the Administrative
Procedure Act, chapter 34.05 RCW, in order to determine
whether a violation has occurred. If the board prevails, the
degree-granting institution shall pay the costs of the administrative hearing.
(3) If, after the hearing, the board finds that the institution or its agent engaged in or is engaging in any unfair
business practice, the board shall issue and cause to be
served upon the violator an order requiring the violator to
cease and desist from the act or practice and may impose the
penalties under RCW 28B.85.100. If the board finds that the
complainant has suffered loss as a result of the act or
practice, the board may order full or partial restitution for
the loss. The complainant is not bound by the board’s
determination of restitution and may pursue any other legal
remedy. [1989 c 175 § 82; 1986 c 136 § 9.]
Effective date—1989 c 175: See note following RCW 34.05.010.
28B.85.100 Violations—Civil penalties. Any person,
group, or entity or any owner, officer, agent, or employee of
such entity who wilfully violates any provision of this
chapter or the rules adopted under this chapter shall be
subject to a civil penalty of not more than one hundred
dollars for each violation. Each day on which a violation
occurs constitutes a separate violation. The fine may be
imposed by the higher education coordinating board or by
any court of competent jurisdiction. [1986 c 136 § 10.]
28B.85.110 Violations—Criminal sanctions. Any
person, group, or entity or any owner, officer, agent, or
employee of such entity who wilfully violates RCW
28B.85.030 shall be guilty of a gross misdemeanor and,
upon conviction, shall be punished by a fine not to exceed
one thousand dollars or by imprisonment in the county jail
for a term not to exceed one year, or by both such fine and
imprisonment. Each day on which a violation occurs
constitutes a separate violation. The criminal sanctions may
be imposed by a court of competent jurisdiction in an action
brought by the attorney general of this state. [1986 c 136 §
11.]
28B.85.120 Actions resulting in jurisdiction of
courts. A degree-granting institution, whether located in this
state or outside of this state, that conducts business of any
kind, makes any offers, advertises, solicits, or enters into any
contracts in this state or with a resident of this state is
subject to the jurisdiction of the courts of this state for any
cause of action arising from the acts. [1986 c 136 § 12.]
28B.85.130 Educational records—Permanent file—
Protection. If any degree-granting institution discontinues
its operation, the chief administrative officer of the institution shall file with the board the original or legible true
copies of all educational records required by the board. If
the board determines that any educational records are in
danger of being made unavailable to the board, the board
may seek a court order to protect and if necessary take
possession of the records. The board shall cause to be maintained a permanent file of educational records coming into
its possession. [1986 c 136 § 13.]
[Title 28B RCW—page 195]
28B.85.140
Title 28B RCW: Higher Education
28B.85.140 Contracts voidable—When. If a student
or prospective student is a resident of this state at the time
any contract relating to payment for education or any note,
instrument, or other evidence of indebtedness relating thereto
is entered into, RCW 28B.85.150 shall govern the rights of
the parties to the contract or evidence of indebtedness. If a
contract or evidence of indebtedness contains any of the
following agreements, the contract is voidable at the option
of the student or prospective student:
(1) That the law of another state shall apply;
(2) That the maker or any person liable on the contract
or evidence of indebtedness consents to the jurisdiction of
another state;
(3) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(4) That fixes venue. [1986 c 136 § 14.]
28B.85.150 Enforceability of debts—Authority to
offer degree required. A note, instrument, or other
evidence of indebtedness or contract relating to payment for
education for a degree is not enforceable in the courts of this
state by a degree-granting institution or holder of the
instrument unless the institution was authorized to offer the
degree under this chapter at the time the note, instrument, or
other evidence of indebtedness or contract was entered into.
[1986 c 136 § 15.]
28B.85.160 Actions to enforce chapter—Who may
bring—Relief. The attorney general or the prosecuting
attorney of any county in which a degree-granting institution
or agent of the institution is found may bring an action in
any court of competent jurisdiction for the enforcement of
this chapter. The court may issue an injunction or grant any
other appropriate form of relief. [1986 c 136 § 16.]
28B.85.170 Injunctive relief—Board may seek. The
board may seek injunctive relief, after giving notice to the
affected party, in a court of competent jurisdiction for a
violation of this chapter or the rules adopted under this
chapter. The board need not allege or prove that the board
has no adequate remedy at law. The right of injunction
provided in this section is in addition to any other legal
remedy which the board has and is in addition to any right
of criminal prosecution provided by law. The existence of
board action with respect to alleged violations of this chapter
and rules adopted under this chapter does not operate as a
bar to an action for injunctive relief under this section.
[1986 c 136 § 17.]
28B.85.180 Violation of chapter unfair or deceptive
practice under RCW 19.86.020. A violation of this chapter
or the rules adopted under this chapter affects the public
interest and is an unfair or deceptive act or practice in
violation of RCW 19.86.020 of the consumer protection act.
The remedies and sanctions provided by this section shall
not preclude application of other remedies and sanctions.
[1986 c 136 § 18.]
and do not affect any other actions or proceedings. [1986 c
136 § 19.]
28B.85.900 Severability—1986 c 136. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1986 c 136 § 21.]
28B.85.902 Effective date—1986 c 136. This act
shall take effect July 1, 1986. [1986 c 136 § 24.]
28B.85.905 Validity of registration under prior
laws. A degree-granting institution registered under chapter
188, Laws of 1979, as amended, as of June 30, 1986, is not
required to apply for authorization under chapter 28B.85
RCW until the expiration date of such registration. [1986 c
136 § 22.]
28B.85.906 Application of chapter to foreign
degree-granting institution branch campuses. This
chapter shall not apply to any approved branch campus of a
foreign degree-granting institution in compliance with
chapter 28B.90 RCW. [1993 c 181 § 7.]
Chapter 28B.90
FOREIGN DEGREE-GRANTING
BRANCH CAMPUSES
Sections
28B.90.005 Findings.
28B.90.010 Definitions.
28B.90.020 Approval of foreign degree-granting institution as branch
campus.
28B.90.030 Branch campuses exempt under chapter 28B.85 RCW.
28B.90.005 Findings. The legislature finds that it has
previously declared in *RCW 28B.107.005 that it is important to the economic future of the state to promote international awareness and understanding, and in RCW 1.20.100,
that the state’s economy and economic well-being depends
heavily on foreign trade and international exchange.
The legislature finds that it is appropriate that such
policies should be implemented by encouraging universities
and colleges domiciled in foreign countries to establish
branch campuses in Washington and that it is also important
to those foreign colleges and universities that their status as
authorized foreign degree-granting institutions be recognized
by this state to facilitate the establishment and operation of
such branch campuses.
In the furtherance of such policy, the legislature adopts
the foreign degree-granting institution approved branch
campus act. [1995 c 335 § 404; 1993 c 181 § 1.]
*Reviser’s note: RCW 28B.107.005 expired June 30, 1996, pursuant
to 1990 c 243 § 8.
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28B.85.190 Remedies and penalties in chapter
nonexclusive and cumulative. The remedies and penalties
provided for in this chapter are nonexclusive and cumulative
[Title 28B RCW—page 196]
(2002 Ed.)
Foreign Degree-Granting Branch Campuses
28B.90.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Degree" means any designation, appellation,
certificate, letters or words including, but not limited to,
"associate," "bachelor," "masters," "doctorate," or "fellow"
that signifies, or purports to signify, satisfactory and successful completion of requirements of a postsecondary academic
program of study.
(2) "Foreign degree-granting institution" means a public
or private college or university, either profit or nonprofit:
(a) That is domiciled in a foreign country;
(b) That offers in its country of domicile credentials,
instruction, or services prerequisite to the obtaining of an
academic or professional degree granted by such college or
university; and
(c) That is authorized under the laws or regulations of
its country of domicile to operate a degree-granting institution in that country.
(3) "Approved branch campus" means a foreign degreegranting institution’s branch campus that has been approved
by the higher education coordinating board to operate in the
state.
(4) "Branch campus" means an educational facility
located in the state that:
(a) Is either owned and operated directly by a foreign
degree-granting institution or indirectly through a Washington profit or nonprofit corporation in which the foreign
degree-granting institution is the sole or controlling shareholder or member; and
(b) Provides courses solely and exclusively to students
enrolled in a degree-granting program offered by the foreign
degree-granting institution who:
(i) Have received academic credit for courses of study
completed at the foreign degree-granting institution in its
country of domicile;
(ii) Will receive academic credit towards their degree
from the foreign degree-granting institution for the courses
of study completed at the educational facility in the state;
and
(iii) Will return to the foreign degree-granting institution
in its country of domicile for completion of their degreegranting program or receipt of their degree.
(5) "Board" means the higher education coordinating
board. [1993 c 181 § 2.]
28B.90.020 Approval of foreign degree-granting
institution as branch campus. A foreign degree-granting
institution that submits evidence satisfactory to the board of
its authorized status in its country of domicile and its intent
to establish an educational facility in the state is entitled to
operate a branch campus as defined in RCW 28B.90.010.
Upon receipt of the satisfactory evidence, the board may
certify that the branch campus of the foreign degree-granting
institution is approved to operate in the state under this
chapter, for as long as the foreign degree-granting institution
retains its authorized status in its country of domicile. [1999
c 85 § 1; 1993 c 181 § 3.]
28B.90.030 Branch campuses exempt under chapter
28B.85 RCW. A branch campus of a foreign degree(2002 Ed.)
28B.90.010
granting institution previously found by the board to be
exempt from chapter 28B.85 RCW may continue to operate
in the state. However, within one year of July 25, 1993, the
institution shall provide evidence of authorization as required
under RCW 28B.90.020. Upon receipt of the satisfactory
evidence, the board shall certify that the branch campus of
the foreign degree-granting institution is approved to operate
in the state under this chapter. [1993 c 181 § 4.]
Chapter 28B.95
ADVANCED COLLEGE TUITION
PAYMENT PROGRAM
Sections
28B.95.010 Washington advanced college tuition payment program—
Established.
28B.95.020 Definitions.
28B.95.025 Offices and personnel.
28B.95.030 Administration of program—Tuition units—Promotion of
program—Authority of governing body.
28B.95.035 Committee members—Liability.
28B.95.040 Purchase of tuition units by organizations—Rules—
Scholarship fund.
28B.95.050 Contractual obligation—Legally binding—Use of state appropriations.
28B.95.060 Washington advanced college tuition payment program account.
28B.95.070 Washington advanced college tuition payment program account—Powers and duties of the investment board.
28B.95.080 Washington advanced college tuition payment program account—Actuarial soundness—Adjustment of tuition
credit purchases.
28B.95.090 Discontinuation of program—Use of units—Refunds.
28B.95.100 Program planning—Consultation with public and private
entities—Cooperation.
28B.95.110 Refunds.
28B.95.150 College savings program.
28B.95.900 Construction of chapter—Limitations.
28B.95.010 Washington advanced college tuition
payment program—Established. The Washington advanced college tuition payment program is established to
help make higher education affordable and accessible to all
citizens of the state of Washington by offering a savings
incentive that will protect purchasers and beneficiaries
against rising tuition costs. The program is designed to
encourage savings and enhance the ability of Washington
citizens to obtain financial access to institutions of higher
education. In addition, the program encourages elementary
and secondary school students to do well in school as a
means of preparing for and aspiring to higher education
attendance. This program is intended to promote a well-educated and financially secure population to the ultimate
benefit of all citizens of the state of Washington. [1997 c
289 § 1.]
28B.95.020 Definitions. The definitions in this
section apply throughout this chapter, unless the context
clearly requires otherwise.
(1) "Academic year" means the regular nine-month,
three-quarter, or two-semester period annually occurring
between July 1st and June 30th.
(2) "Account" means the Washington advanced college
tuition payment program account established for the deposit
of all money received by the board from eligible purchasers
[Title 28B RCW—page 197]
28B.95.020
Title 28B RCW: Higher Education
and interest earnings on investments of funds in the account,
as well as for all expenditures on behalf of eligible beneficiaries for the redemption of tuition units and for the
development of any authorized college savings program
pursuant to RCW 28B.95.150.
(3) "Board" means the higher education coordinating
board as defined in chapter 28B.80 RCW.
(4) "Committee on advanced tuition payment" or
"committee" means a committee of the following members:
The state treasurer, the director of the office of financial
management, the executive director of the higher education
coordinating board, or their designees, and two members to
be appointed by the governor, one representing program
participants and one private business representative with
marketing, public relations, or financial expertise.
(5) "Governing body" means the committee empowered
by the legislature to administer the Washington advanced
college tuition payment program.
(6) "Contractual obligation" means a legally binding
contract of the state with the purchaser and the beneficiary
establishing that purchases of tuition units will be worth the
same number of tuition units at the time of redemption as
they were worth at the time of the purchase.
(7) "Eligible beneficiary" means the person for whom
the tuition unit will be redeemed for attendance at an
institution of higher education. The beneficiary is that
person named by the purchaser at the time that a tuition unit
contract is accepted by the governing body. With the
exception of tuition unit contracts purchased by qualified
organizations as future scholarships, the beneficiary must
reside in the state of Washington or otherwise be a resident
of the state of Washington at the time the tuition unit
contract is accepted by the governing body.
(8) "Eligible purchaser" means an individual or organization that has entered into a tuition unit contract with the
governing body for the purchase of tuition units for an
eligible beneficiary.
(9) "Full-time tuition charges" means resident tuition
charges at a state institution of higher education for enrollments between ten credits and eighteen credit hours per
academic term.
(10) "Institution of higher education" means an institution that offers education beyond the secondary level and is
recognized by the internal revenue service under chapter 529
of the internal revenue code.
(11) "Investment board" means the state investment
board as defined in chapter 43.33A RCW.
(12) "State institution of higher education" means
institutions of higher education as defined in RCW
28B.10.016.
(13) "Tuition and fees" means undergraduate tuition and
services and activities fees as defined in RCW 28B.15.020
and 28B.15.041 rounded to the nearest whole dollar. The
maximum tuition and fees charges recognized for beneficiaries enrolled in a state technical college shall be equal to the
tuition and fees for the community college system.
(14) "Tuition unit contract" means a contract between an
eligible purchaser and the governing body, or a successor
agency appointed for administration of this chapter, for the
purchase of tuition units for a specified beneficiary that may
be redeemed at a later date for an equal number of tuition
units.
[Title 28B RCW—page 198]
(15) "Unit purchase price" means the minimum cost to
purchase one tuition unit for an eligible beneficiary.
Generally, the minimum purchase price is one percent of the
undergraduate weighted average tuition and fees for the current year, rounded to the nearest whole dollar, adjusted for
the costs of administration and adjusted to ensure the
actuarial soundness of the account. The analysis for price
setting shall also include, but not be limited to consideration
of past and projected patterns of tuition increases, program
liability, past and projected investment returns, and the need
for a prudent stabilization reserve.
(16) "Weighted average tuition" shall be calculated as
the sum of the undergraduate tuition and services and
activities fees for each four-year state institution of higher
education, multiplied by the respective full-time equivalent
student enrollment at each institution divided by the sum
total of undergraduate full-time equivalent student enrollments of all four-year state institutions of higher education,
rounded to the nearest whole dollar.
(17) "Weighted average tuition unit" is the value of the
weighted average tuition and fees divided by one hundred.
The weighted average is the basis upon which tuition
benefits may be calculated as the basis for any refunds
provided from the program. [2001 c 184 § 1; 2000 c 14 §
1; 1997 c 289 § 2.]
28B.95.025 Offices and personnel. The board shall
maintain appropriate offices and employ and fix compensation of such personnel as may be necessary to perform the
advanced college tuition payment program duties. The board
shall consult with the governing body on the selection,
compensation, and other issues relating to the employment
of the program director. The positions are exempt from
classified service under chapter 41.06 RCW. The employees
shall be employees of the higher education coordinating
board. [2000 c 14 § 2; 1998 c 69 § 2.]
Effective date—1998 c 69: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 20, 1998]." [1998 c 69 § 6.]
28B.95.030 Administration of program—Tuition
units—Promotion of program—Authority of governing
body. (1) The Washington advanced college tuition payment
program shall be administered by the committee on advanced
tuition payment which shall be chaired by the executive
director of the board. The committee shall be supported by
staff of the board.
(2)(a) The Washington advanced college tuition payment
program shall consist of the sale of tuition units, which may
be redeemed by the beneficiary at a future date for an equal
number of tuition units regardless of any increase in the
price of tuition, that may have occurred in the interval.
(b) Each purchase shall be worth a specific number of
or fraction of tuition units at each state institution of higher
education as determined by the governing body.
(c) The number of tuition units necessary to pay for a
full year’s, full-time undergraduate tuition and fee charges at
a state institution of higher education shall be set by the
governing body at the time a purchaser enters into a tuition
unit contract.
(2002 Ed.)
Advanced College Tuition Payment Program
(d) The governing body may limit the number of tuition
units purchased by any one purchaser or on behalf of any
one beneficiary, however, no limit may be imposed that is
less than that necessary to achieve four years of full-time,
undergraduate tuition charges at a state institution of higher
education. The governing body also may, at its discretion,
limit the number of participants, if needed, to ensure the
actuarial soundness and integrity of the program.
(3)(a) No tuition unit may be redeemed until two years
after the purchase of the unit. Units may be redeemed for
enrollment at any institution of higher education that is
recognized by the internal revenue service under chapter 529
of the internal revenue code.
(b) Units redeemed at a nonstate institution of higher
education or for graduate enrollment shall be redeemed at
the rate for state public institutions in effect at the time of
redemption.
(4) The governing body shall determine the conditions
under which the tuition benefit may be transferred to another
family member. In permitting such transfers, the governing
body may not allow the tuition benefit to be bought, sold,
bartered, or otherwise exchanged for goods and services by
either the beneficiary or the purchaser.
(5) The governing body shall administer the Washington
advanced college tuition payment program in a manner
reasonably designed to be actuarially sound, such that the
assets of the trust will be sufficient to defray the obligations
of the trust including the costs of administration. The
governing body may, at its discretion, discount the minimum
purchase price for certain kinds of purchases such as those
from families with young children, as long as the actuarial
soundness of the account is not jeopardized.
(6) The governing body shall annually determine current
value of a tuition unit and the value of the weighted average
tuition unit.
(7) The governing body shall promote, advertise, and
publicize the Washington advanced college tuition payment
program.
(8) In addition to any other powers conferred by this
chapter, the governing body may:
(a) Impose reasonable limits on the number of tuition
units or units that may be used in any one year;
(b) Determine and set any time limits, if necessary, for
the use of benefits under this chapter;
(c) Impose and collect administrative fees and charges
in connection with any transaction under this chapter;
(d) Appoint and use advisory committees as needed to
provide program direction and guidance;
(e) Formulate and adopt all other policies and rules
necessary for the efficient administration of the program;
(f) Consider the addition of an advanced payment
program for room and board contracts and also consider a
college savings program;
(g) Purchase insurance from insurers licensed to do
business in the state, to provide for coverage against any loss
in connection with the account’s property, assets, or activities or to further insure the value of the tuition units;
(h) Make, execute, and deliver contracts, conveyances,
and other instruments necessary to the exercise and discharge
of its powers and duties under this chapter;
(i) Contract for the provision for all or part of the
services necessary for the management and operation of the
(2002 Ed.)
28B.95.030
program with other state or nonstate entities authorized to do
business in the state;
(j) Contract for other services or for goods needed by
the governing body in the conduct of its business under this
chapter;
(k) Contract with financial consultants, actuaries,
auditors, and other consultants as necessary to carry out its
responsibilities under this chapter;
(l) Solicit and accept cash donations and grants from
any person, governmental agency, private business, or
organization; and
(m) Perform all acts necessary and proper to carry out
the duties and responsibilities of this program under this
chapter. [2000 c 14 § 3; 1997 c 289 § 3.]
28B.95.035 Committee members—Liability. No
member of the committee is liable for the negligence,
default, or failure of any other person or members of the
committee to perform the duties of office and no member
may be considered or held to be an insurer of the funds or
assets of any of the advanced college tuition payment
program. [1998 c 69 § 3.]
Effective date—1998 c 69: See note following RCW 28B.95.025.
28B.95.040 Purchase of tuition units by organizations—Rules—Scholarship fund. The governing body
may, at its discretion, allow an organization to purchase
tuition units for future use as scholarships. Such organizations electing to purchase tuition units for this purpose must
enter into a contract with the governing body which, at a
minimum, ensures that the scholarship shall be freely given
by the purchaser to a scholarship recipient. For such
purchases, the purchaser need not name a beneficiary until
four months before the date when the tuition units are first
expected to be used.
The governing body shall formulate and adopt such
rules as are necessary to determine which organizations may
qualify to purchase tuition units for scholarships under this
section. The governing body also may consider additional
rules for the use of tuition units if purchased as scholarships.
The governing body may establish a scholarship fund
with moneys from the Washington advanced college tuition
payment program account. A scholarship fund established
under this authority shall be administered by the higher education coordinating board and shall be provided to students
who demonstrate financial need. Financial need is not a
criterion that any other organization need consider when
using tuition units as scholarships. The board also may
establish its own corporate-sponsored scholarship fund under
this chapter. [1997 c 289 § 4.]
28B.95.050 Contractual obligation—Legally binding—Use of state appropriations. The Washington
advanced college tuition payment program is an essential
state governmental function. Contracts with eligible participants shall be contractual obligations legally binding on the
state as set forth in this chapter. If, and only if, the moneys
in the account are projected to be insufficient to cover the
state’s contracted expenses for a given biennium, then the
legislature shall appropriate to the account the amount
necessary to cover such expenses.
[Title 28B RCW—page 199]
28B.95.050
Title 28B RCW: Higher Education
The tuition and fees charged by an eligible institution of
higher education to an eligible beneficiary for a current
enrollment shall be paid by the account to the extent the
beneficiary has remaining unused tuition units for the
appropriate school. [2000 c 14 § 4; 1997 c 289 § 5.]
28B.95.060 Washington advanced college tuition
payment program account. (1) The Washington advanced
college tuition payment program account is created in the
custody of the state treasurer. The account shall be a
discrete nontreasury account retaining its interest earnings in
accordance with RCW 43.79A.040.
(2) The governing body shall deposit in the account all
money received for the program. The account shall be selfsustaining and consist of payments received from purchasers
of tuition units and funds received from other sources, public
or private. With the exception of investment and operating
costs associated with the investment of money by the investment board paid under RCW 43.33A.160 and 43.84.160, the
account shall be credited with all investment income earned
by the account. Disbursements from the account are exempt
from appropriations and the allotment provisions of chapter
43.88 RCW. Money used for program administration is subject to the allotment of all expenditures. However, an
appropriation is not required for such expenditures. Program
administration shall include, but not be limited to: The
salaries and expenses of the program personnel including
lease payments, travel, and goods and services necessary for
program operation; contracts for program promotion and
advertisement, audits, and account management; and other
general costs of conducting the business of the program.
(3) The assets of the account may be spent without
appropriation for the purpose of making payments to
institutions of higher education on behalf of the qualified
beneficiaries, making refunds, transfers, or direct payments
upon the termination of the Washington advanced college
tuition payment program. Disbursements from the account
shall be made only on the authorization of the governing
body.
(4) With regard to the assets of the account, the state
acts in a fiduciary, not ownership, capacity. Therefore the
assets of the program are not considered state money,
common cash, or revenue to the state. [2000 c 14 § 5; 1998
c 69 § 4; 1997 c 289 § 6.]
Effective date—1998 c 69: See note following RCW 28B.95.025.
28B.95.070 Washington advanced college tuition
payment program account—Powers and duties of the
investment board. (1) The investment board has the full
power to invest, reinvest, manage, contract, sell, or exchange
investment money in the account. All investment and
operating costs associated with the investment of money
shall be paid pursuant to RCW 43.33A.160 and 43.84.160.
With the exception of these expenses, the earnings from the
investment of the money shall be retained by the account.
(2) All investments made by the investment board shall
be made with the exercise of that degree of judgment and
care pursuant to RCW 43.33A.140 and the investment policy
established by the state investment board.
[Title 28B RCW—page 200]
(3) As deemed appropriate by the investment board,
money in the account may be commingled for investment
with other funds subject to investment by the board.
(4) The authority to establish all policies relating to the
account, other than the investment policies as set forth in
subsections (1) through (3) of this section, resides with the
governing body. With the exception of expenses of the
investment board set forth in subsection (1) of this section,
disbursements from the account shall be made only on the
authorization of the governing body, and money in the
account may be spent only for the purposes of the program
as specified in this chapter.
(5) The investment board shall routinely consult and
communicate with the governing body on the investment
policy, earnings of the trust, and related needs of the
program. [2000 c 14 § 6; 1997 c 289 § 7.]
28B.95.080 Washington advanced college tuition
payment program account—Actuarial soundness—
Adjustment of tuition credit purchases. The governing
body shall annually evaluate, and cause to be evaluated by
a nationally recognized actuary, the soundness of the account
and determine the additional assets needed, if any, to defray
the obligations of the account.
If funds are not sufficient to ensure the actuarial
soundness of the account, the governing body shall adjust the
price of subsequent tuition credit purchases to ensure its
soundness.
If there are insufficient numbers of new purchases to
ensure the actuarial soundness of the account, the governing
body shall request such funds from the legislature as are
required to ensure the integrity of the program. Funds may
be appropriated directly to the account or appropriated under
the condition that they be repaid at a later date. The repayment shall be made at such time that the account is again
determined to be actuarially sound. [1997 c 289 § 8.]
28B.95.090 Discontinuation of program—Use of
units—Refunds. (1) In the event that the state determines
that the program is not financially feasible, or for any other
reason, the state may declare the discontinuance of the
program. At the time of such declaration, the governing
body will cease to accept any further tuition unit contracts or
purchases.
(2) The remaining tuition units for all beneficiaries who
have either enrolled in higher education or who are within
four years of graduation from a secondary school shall be
honored until such tuition units have been exhausted, or for
ten fiscal years from the date that the program has been
discontinued, whichever comes first. All other contract
holders shall receive a refund equal to the value of the
current weighted average tuition units in effect at the time
that the program was declared discontinued.
(3) At the end of the ten-year period, any tuition units
remaining unused by currently active beneficiaries enrolled
in higher education shall be refunded at the value of the
current weighted average tuition unit in effect at the end of
that ten-year period.
(4) At the end of the ten-year period, all other funds
remaining in the account not needed to make refunds or to
(2002 Ed.)
Advanced College Tuition Payment Program
pay for administrative costs shall be deposited to the state
general fund.
(5) The governing body may make refunds under other
exceptional circumstances as it deems fit, however, no
tuition units may be honored after the end of the tenth fiscal
year following the declaration of discontinuance of the program. [1997 c 289 § 9.]
28B.95.100 Program planning—Consultation with
public and private entities—Cooperation. (1) The
governing body, in planning and devising the program, shall
consult with the investment board, the state treasurer, the
office of financial management, and the institutions of higher
education.
(2) The governing body may seek the assistance of the
state agencies named in subsection (1) of this section, private
financial institutions, and any other qualified party with
experience in the areas of accounting, actuary, risk management, or investment management to assist with preparing an
accounting of the program and ensuring the fiscal soundness
of the account.
(3) State agencies and public institutions of higher
education shall fully cooperate with the governing body in
matters relating to the program in order to ensure the
solvency of the account and ability of the governing body to
meet outstanding commitments. [2000 c 14 § 7; 1997 c 289
§ 10.]
28B.95.110 Refunds. (1) The intent of the Washington advanced college tuition payment program is to redeem
tuition units for attendance at an institution of higher
education. Refunds shall be issued under specific conditions
that may include the following:
(a) Certification that the beneficiary, who is eighteen
years of age or older, will not attend an institution of higher
education, will result in a refund not to exceed the current
weighted average tuition and fees in effect at the time of
such certification minus a penalty at the rate established by
the internal revenue service under chapter [section] 529 of
the internal revenue code. No more than one hundred tuition
units may be refunded per year to any individual making this
certification. The refund shall be made no sooner than
ninety days after such certification, less any administrative
processing fees assessed by the governing body;
(b) If there is certification of the death or disability of
the beneficiary, the refund shall be equal to one hundred
percent of any remaining unused tuition units at the current
value, as determined by the governing body, at the time that
such certification is submitted to the governing body, less
any administrative processing fees assessed by the governing
body;
(c) If there is certification by the student of graduation
or program completion, the refund shall be as great as one
hundred percent of any remaining unused tuition units at the
current value, as determined by the governing body, at the
time that such certification is submitted to the governing
body, less any administrative processing fees assessed by the
governing body. The governing body may, at its discretion,
impose a penalty if needed to comply with federal tax rules;
(d) If there is certification of other tuition and fee
scholarships, which will cover the cost of tuition for the
(2002 Ed.)
28B.95.090
eligible beneficiary. The refund shall be equal to one
hundred percent of the current value of tuition units, as
determined by the governing body, in effect at the time of
the refund request, less any administrative processing fees
assessed by the governing body. The refund under this
subsection may not exceed the value of the scholarship;
(e) Incorrect or misleading information provided by the
purchaser or beneficiaries may result in a refund of the
purchaser’s investment, less any administrative processing
fees assessed by the governing body. The value of the
refund will not exceed the actual dollar value of the
purchaser’s contributions; and
(f) The governing body may determine other circumstances qualifying for refunds of remaining unused tuition
units and may determine the value of that refund.
(2) With the exception of subsection (1)(b), (e), and (f)
of this section no refunds may be made before the units have
been held for two years. [2001 c 184 § 3; 2000 c 14 § 8;
1997 c 289 § 12.]
Effective date—2001 c 184 § 3: "Section 3 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect July 1, 2001." [2001 c 184 § 5.]
28B.95.150 College savings program. (1) The
committee may establish a college savings program. If such
a program is established, the college savings program shall
be established, in such form as may be determined by the
committee, to be a qualified state tuition program as defined
by the internal revenue service under section 529 of the
internal revenue code, and shall be administered in a manner
consistent with the Washington advanced college tuition
payment program. The committee, in planning and devising
the program, shall consult with the state investment board,
the state treasurer, a qualified actuarial consulting firm with
appropriate expertise to evaluate such plans, the legislative
fiscal and higher education committees, and the institutions
of higher education.
(2) Up to two hundred thousand dollars of administrative fees collected from guaranteed education tuition program
participants may be applied as a loan to fund the development of a college savings program. This loan must be
repaid with interest before the conclusion of the biennium in
which the committee draws funds for this purpose from the
advanced college tuition payment program account.
(3) If such a college savings program is established, the
college savings program account is created in the custody of
the state treasurer for the purpose of administering the
college savings program. If created, the account shall be a
discrete nontreasury account in the custody of the state
treasurer. Interest earnings shall be retained in accordance
with RCW 43.79A.040. Disbursements from the account,
except for program administration, are exempt from appropriations and the allotment provisions of chapter 43.88
RCW. Money used for program administration is subject to
the allotment provisions, but without appropriation.
(4) The committee, after consultation with the state
investment board, shall determine the investment policies for
the college savings program. Program contributions may be
invested by the state investment board or the committee may
contract with an investment company licensed to conduct
business in this state to do the investing. The committee
[Title 28B RCW—page 201]
28B.95.150
Title 28B RCW: Higher Education
shall keep or cause to be kept full and adequate accounts and
records of the assets of each individual participant in the
college savings program.
(5) Neither the state nor any eligible educational
institution may be considered or held to be an insurer of the
funds or assets of the individual participant accounts in the
college savings program created under this section nor may
any such entity be held liable for any shortage of funds in
the event that balances in the individual participant accounts
are insufficient to meet the educational expenses of the
institution chosen by the student for which the individual
participant account was intended.
(6) The committee shall adopt rules to implement this
section. Such rules shall include but not be limited to
administration, investment management, promotion, and
marketing; compliance with internal revenue service standards; application procedures and fees; start-up costs;
phasing in the savings program and withdrawals therefrom;
deterrents to early withdrawals and provisions for hardship
withdrawals; and reenrollment in the savings program after
withdrawal.
(7) The committee may, at its discretion, determine to
cease operation of the college savings program if it determines the continuation is not in the best interest of the state.
The committee shall adopt rules to implement this section
addressing the orderly distribution of assets. [2001 c 184 §
2.]
28B.95.900 Construction of chapter—Limitations.
This chapter shall not be construed as a promise that any
beneficiary shall be granted admission to any institution of
higher education, will earn any specific or minimum number
of academic credits, or will graduate from any such institution. In addition, this chapter shall not be construed as a
promise of either course or program availability.
Participation in this program does not guarantee an
eligible beneficiary the right to resident tuition and fees. To
qualify for resident and respective tuition subsidies, the
eligible beneficiary must meet the applicable provisions of
RCW 28B.15.011 through 28B.15.015.
This chapter shall not be construed to imply that the
redemption of tuition units shall be equal to any value
greater than the undergraduate tuition and services and
activities fees at a state institution of higher education as
computed under this chapter. Eligible beneficiaries will be
responsible for payment of any other fee that does not
qualify as a services and activities fee including, but not
limited to, any expenses for tuition surcharges, tuition overload fees, laboratory fees, equipment fees, book fees, rental
fees, room and board charges, or fines. [1997 c 289 § 11.]
Chapter 28B.101
EDUCATIONAL OPPORTUNITY GRANT
PROGRAM—PLACEBOUND STUDENTS
Sections
28B.101.005
28B.101.010
28B.101.020
28B.101.030
28B.101.040
Finding—Intent.
Program created.
Definition—Eligibility.
Administration of program—Payments to participants.
Use of grants.
[Title 28B RCW—page 202]
28B.101.005 Finding—Intent. The legislature finds
that many individuals in the state of Washington have
attended college and received an associate of arts degree, or
its equivalent, but are placebound.
The legislature intends to establish an educational
opportunity grant program for placebound students who have
completed an associate of arts degree, or its equivalent, in an
effort to increase their participation in and completion of
upper-division programs. [1990 c 288 § 2.]
28B.101.010 Program created. The educational
opportunity grant program is hereby created as a demonstration project to serve placebound financially needy students
by assisting them to obtain a baccalaureate degree at public
and private institutions of higher education which have the
capacity to accommodate such students within existing
educational programs and facilities. [1990 c 288 § 3.]
28B.101.020 Definition—Eligibility. (1) For the
purposes of this chapter, "placebound" means unable to
relocate to complete a college program because of family or
employment commitments, health concerns, monetary
inability, or other similar factors.
(2) To be eligible for an educational opportunity grant,
applicants must be placebound residents of the state of
Washington who are needy students as defined in RCW
28B.10.802(3) and who have completed the associate of arts
degree or its equivalent. A placebound resident is one who
may be influenced by the receipt of an enhanced student
financial aid award to attend an institution that has existing
unused capacity rather than attend a branch campus established pursuant to chapter 28B.45 RCW. An eligible
placebound applicant is further defined as a person whose
residence is located in an area served by a branch campus
who, because of family or employment commitments, health
concerns, monetary need, or other similar factors, would be
unable to complete an upper-division course of study but for
receipt of an educational opportunity grant. [1990 c 288 §
4.]
28B.101.030 Administration of program—Payments
to participants. The higher education coordinating board
shall develop and administer the educational opportunity
grant program. The board shall adopt necessary rules and
guidelines and develop criteria and procedures to select
eligible participants in the program. Payment shall be made
directly to the eligible participant periodically upon verification of enrollment and satisfactory progress towards degree
completion. [1990 c 288 § 5.]
28B.101.040 Use of grants. Grants may be used by
eligible participants to attend any public or private college or
university in the state of Washington that is accredited by an
accrediting association recognized by rule of the higher
education coordinating board and that has an existing unused
capacity. Grants shall not be used to attend any branch
campus or educational program established under chapter
28B.45 RCW. The participant shall not be eligible for a
grant if it will be used for any programs that include
religious worship, exercise, or instruction or to pursue a
(2002 Ed.)
Educational Opportunity Grant Program—Placebound Students
degree in theology. Each participating student may receive
up to two thousand five hundred dollars per academic year,
not to exceed the student’s demonstrated financial need for
the course of study. Resident students as defined in RCW
28B.15.012(2)(f) are not eligible for grants under this
chapter. [2002 c 186 § 3. Prior: 1993 sp.s. c 18 § 35;
1993 c 385 § 2; 1990 c 288 § 6.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Chapter 28B.102
FUTURE TEACHERS CONDITIONAL
SCHOLARSHIP PROGRAM
Sections
28B.102.010
28B.102.020
28B.102.030
28B.102.040
28B.102.045
28B.102.050
28B.102.060
28B.102.070
28B.102.905
Intent—Legislative findings.
Definitions.
Program created—Powers and duties of board.
Planning committee—Development of criteria for selecting
scholarship recipients.
Waivers of grade point requirements.
Award of conditional scholarships—Amount—Duration.
Repayment obligation.
Transfer of administration of program.
Severability—1987 c 437.
28B.102.010 Intent—Legislative findings. The
legislature finds that encouraging outstanding students to
enter the teaching profession is of paramount importance to
the state of Washington. By creating the future teachers
conditional scholarship program, the legislature intends to
assist in the effort to recruit as future teachers students who
have distinguished themselves through outstanding academic
achievement and students who can act as role models for
children including those from targeted ethnic minorities. The
legislature urges business, industry, and philanthropic
community organizations to join with state government in
making this program successful. [1987 c 437 § 1.]
28B.102.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Conditional scholarship" means a loan that is
forgiven in whole or in part if the recipient renders service
as a teacher in an approved education program in this state.
(2) "Institution of higher education" or "institution"
means a college or university in the state of Washington
which is accredited by an accrediting association recognized
as such by rule of the higher education coordinating board.
(3) "Board" means the higher education coordinating
board.
(4) "Eligible student" means a student who is registered
for at least ten credit hours or the equivalent, demonstrates
achievement of at least a 3.30 grade point average for
students entering an institution of higher education directly
from high school or maintains at least a 3.00 grade point
average or the equivalent for each academic year in an
institution of higher education, is a resident student as
defined by RCW 28B.15.012 and 28B.15.013, and has a
declared intention to complete an approved preparation
program leading to initial teacher certification or required for
earning an additional endorsement, or a college or university
(2002 Ed.)
28B.101.040
graduate who meets the same credit hour requirements and
is seeking an additional teaching endorsement or initial
teacher certification. Resident students defined in *RCW
28B.15.012(2)(e) are not eligible students under this chapter.
(5) "Public school" means an elementary school, a
middle school, junior high school, or high school within the
public school system referred to in Article IX of the state
Constitution.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
render service as a teacher in an approved education program
in the state of Washington in lieu of monetary repayment.
(7) "Satisfied" means paid-in-full.
(8) "Participant" means an eligible student who has
received a conditional scholarship under this chapter.
(9) "Targeted ethnic minority" means a group of
Americans with a common ethnic or racial heritage selected
by the board for program consideration due to societal concerns such as high dropout rates or low rates of college
participation by members of the group.
(10) "Approved education program" means an education
program in the state of Washington for knowledge and skills
generally learned in preschool through twelfth grade.
Approved education programs may include but are not
limited to:
(a) K-12 schools under Title 28A RCW;
(b) Early childhood education and assistance programs
under RCW 28A.215.100 through 28A.215.200 or the federal
head start program;
(c) An approved school under chapter 28A.195 RCW;
(d) Education centers under chapter 28A.205 RCW;
(e) English as a second language programs and programs leading to high school graduation or the equivalency
operated by community or technical colleges; and
(f) Tribal schools in Washington approved by the
federal bureau of Indian affairs. [1996 c 53 § 1; 1993 sp.s.
c 18 § 36; 1987 c 437 § 2.]
*Reviser’s note: RCW 28B.15.012 was amended by 2000 c 117 §
1, changing subsection (2)(e) to subsection (2)(f).
Effective date—1996 c 53: "This act shall take effect July 1, 1996."
[1996 c 53 § 3.]
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
28B.102.030 Program created—Powers and duties
of board. The future teachers conditional scholarship
program is established. The program shall be administered
by the higher education coordinating board. In administering
the program, the board shall have the following powers and
duties:
(1) Select students to receive conditional scholarships,
with the assistance of a screening committee composed of
teachers and leaders in government, business, and education;
(2) Adopt necessary rules and guidelines;
(3) Publicize the program;
(4) Collect and manage repayments from students who
do not meet their teaching obligations under this chapter; and
(5) Solicit and accept grants and donations from public
and private sources for the program. [1987 c 437 § 3.]
28B.102.040 Planning committee—Development of
criteria for selecting scholarship recipients. The higher
education coordinating board shall establish a planning
[Title 28B RCW—page 203]
28B.102.040
Title 28B RCW: Higher Education
committee to develop criteria for the screening and selection
of recipients of the conditional scholarships. These criteria
shall emphasize factors demonstrating excellence including
but not limited to superior scholastic achievement, leadership
ability, community contributions, and an ability to act as a
role model for targeted ethnic minority students. These
criteria also may include, for approximately half of the
recipients, requirements that those recipients meet the
definition of "needy student" under RCW 28B.10.802. [1987
c 437 § 4.]
28B.102.045 Waivers of grade point requirements.
The board may waive grade point requirements for an
otherwise eligible individual student under special circumstances. [1988 c 125 § 7.]
Severability—1988 c 125: See RCW 28B.106.902.
28B.102.050 Award of conditional scholarships—
Amount—Duration. The board may award conditional
scholarships to eligible students from the funds appropriated
to the board for this purpose, or from any private donations,
or any other funds given to the board for this program. The
amount of the conditional scholarship awarded an individual
shall not exceed three thousand dollars per academic year.
Students are eligible to receive conditional scholarships for
a maximum of five years. [1987 c 437 § 5.]
28B.102.060 Repayment obligation. (1) Participants
in the conditional scholarship program incur an obligation to
repay the conditional scholarship, with interest, unless they
teach for two years in an approved education program for
each year of scholarship received, under rules adopted by the
board.
(2) The interest rate shall be eight percent for the first
four years of repayment and ten percent beginning with the
fifth year of repayment.
(3) The period for repayment shall be ten years, with
payments of principal and interest accruing quarterly
commencing nine months from the date the participant completes or discontinues the course of study. Provisions for
deferral of payment shall be determined by the board.
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the
participant teaches in an approved education program until
the entire repayment obligation is satisfied. Should the
participant cease to teach in an approved education program
in this state before the participant’s repayment obligation is
completed, payments on the unsatisfied portion of the principal and interest shall begin the next payment period and
continue until the remainder of the participant’s repayment
obligation is satisfied.
(5) The board is responsible for collection of repayments made under this section and shall exercise due
diligence in such collection, maintaining all necessary
records to insure that maximum repayments are made.
Collection and servicing of repayments under this section
shall be pursued using the full extent of the law, including
wage garnishment if necessary. The board is responsible to
forgive all or parts of such repayments under the criteria
established in this section and shall maintain all necessary
records of forgiven payments.
[Title 28B RCW—page 204]
(6) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, which are paid by or on behalf of participants under
this section, shall be deposited with the higher education
coordinating board and shall be used to cover the costs of
granting the conditional scholarships, maintaining necessary
records, and making collections under subsection (5) of this
section. The board shall maintain accurate records of these
costs, and all receipts beyond those necessary to pay such
costs shall be used to grant conditional scholarships to
eligible students.
(7) The board shall temporarily or, in special circumstances, permanently defer the requirements of this section
for eligible students as defined in RCW 28B.10.017.
(8) The board may cancel a recipient’s repayment
obligation due to the recipient’s total and permanent disability or death, subject to documentation as required by the
board.
(9) This section applies to recipients of conditional
scholarships awarded before or after July 1, 1996. [1996 c
53 § 2; 1993 c 423 § 1; 1991 c 164 § 6; 1987 c 437 § 6.]
Effective date—1996 c 53: See note following RCW 28B.102.020.
28B.102.070 Transfer of administration of program.
After consulting with the higher education coordinating
board, the governor may transfer the administration of this
program to another agency with an appropriate educational
mission. [1987 c 437 § 7.]
28B.102.905 Severability—1987 c 437. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 437 § 10.]
Chapter 28B.103
NATIONAL GUARD CONDITIONAL
SCHOLARSHIP PROGRAM
Sections
28B.103.010 Definitions.
28B.103.020 Program established—Powers and duties of office.
28B.103.030 Repayment obligation.
28B.103.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this section and RCW 28B.103.020 and
28B.103.030.
(1) "Eligible student" means an enlisted member or an
officer of the rank of captain or below in the Washington
national guard who attends an institution of higher education
that is located in this state and accredited by the Northwest
Association of Schools and Colleges, and who meets any
additional selection criteria adopted by the office.
(2) "Conditional scholarship" means a loan that is
forgiven in whole or in part if the recipient renders service
as a member of the Washington national guard under rules
adopted by the office.
(3) "Forgiven" or "to forgive" or "forgiveness" means
either to render service in the Washington national guard in
(2002 Ed.)
National Guard Conditional Scholarship Program
lieu of monetary repayment, or to be relieved of the service
obligation under rules adopted by the office.
(4) "Office" means the office of the adjutant general of
the state military department.
(5) "Participant" means an eligible student who has
received a conditional scholarship under this chapter.
(6) "Service obligation" means serving in the Washington national guard for one additional year for each year of
conditional scholarship received under this program. [2000
c 159 § 1; 1994 c 234 § 5.]
28B.103.020 Program established—Powers and
duties of office. The Washington state national guard
conditional scholarship program is established. The program
shall be administered by the office. In administering the
program, the powers and duties of the office shall include,
but need not be limited to:
(1) The selection of eligible students to receive conditional scholarships;
(2) The award of conditional scholarships funded by
federal and state funds, private donations, or repayments
from any participant who does not complete the participant’s
service obligation. Use of state funds is subject to available
funds. The annual amount of each conditional scholarship
may vary, but shall not exceed the annual cost of undergraduate tuition fees and services and activities fees at the
University of Washington, plus an allowance for books and
supplies;
(3) The adoption of necessary rules and guidelines;
(4) The adoption of participant selection criteria. The
criteria may include but need not be limited to requirements
for: Satisfactory progress, minimum grade point averages,
enrollment in courses or programs that lead to a baccalaureate degree or an associate degree or a certificate, and
satisfactory participation as a member of the Washington
national guard;
(5) The notification of participants of their additional
service obligation or required repayment of the conditional
scholarship; and
(6) The collection of repayments from participants who
do not meet the eligibility criteria or service obligations.
[1994 c 234 § 6.]
28B.103.030 Repayment obligation. (1) Participants
in the conditional scholarship program incur an obligation to
repay the conditional scholarship, with interest, unless they
serve in the Washington national guard for one additional
year for each year of conditional scholarship received, under
rules adopted by the office.
(2) The entire principal and interest of each yearly
repayment shall be forgiven for each additional year in
which a participant serves in the Washington national guard,
under rules adopted by the office.
(3) If a participant elects to repay the conditional
scholarship, the period of repayment shall be four years, with
payments accruing quarterly commencing nine months from
the date that the participant leaves the Washington national
guard or withdraws from the institution of higher education,
whichever comes first. The interest rate on the repayments
shall be eight percent per year. Provisions for deferral and
forgiveness shall be determined by the office.
(2002 Ed.)
28B.103.010
(4) The office is responsible for collection of repayments made under this section. The office shall exercise due
diligence in such collection, maintaining all necessary
records to ensure that maximum repayments are made. Collection and servicing of repayments under this section shall
be pursued using the full extent of law, including wage
garnishment if necessary. The office is responsible to
forgive all or parts of such repayments under the criteria
established in this section, and shall maintain all necessary
records of forgiven payments. The office may contract with
the higher education coordinating board for collection of
repayments under this section.
(5) Receipts from the payment of principal or interest
paid by or on behalf of participants shall be deposited with
the office and shall be used to cover the costs of granting the
conditional scholarships, maintaining necessary records, and
making collections under subsection (4) of this section. The
office shall maintain accurate records of these costs, and all
receipts beyond those necessary to pay such costs shall be
used to grant conditional scholarships to eligible students.
[1994 c 234 § 7.]
Chapter 28B.106
COLLEGE SAVINGS BOND PROGRAM
Sections
28B.106.005
28B.106.010
28B.106.020
28B.106.030
28B.106.040
28B.106.050
28B.106.060
28B.106.070
28B.106.080
28B.106.901
28B.106.902
Findings—Purpose.
Definitions.
Bond authorization—Issuance—Requirements.
Bond sale proceeds—Deposit—Use.
Higher education bond retirement fund of 1988—
Creation—Use—Use of debt-limit general fund bond
retirement account.
Additional means to raise money for bond retirement.
Bonds to be legal investment.
Publicity—Marketing strategies and educational programs.
Interest on bonds exempt from any state income tax.
Short title.
Severability—1988 c 125.
28B.106.005 Findings—Purpose. The legislature
finds it essential that this and future generations of children
be allowed the fullest opportunity to learn and to develop
their intellectual and mental capacities and skills at the
postsecondary level. The legislature is greatly concerned
about the ever-increasing costs of obtaining higher education.
The purpose of this chapter is to assist Washington residents
in their quest for higher education and to encourage financial
planning to meet higher education costs by creating a college
savings bond program. [1988 c 125 § 8.]
28B.106.010 Definitions. The following definitions
shall apply throughout this chapter, unless the context clearly
indicates otherwise:
(1) "College savings bonds" or "bonds" are Washington
state general obligation bonds, issued under the authority of
and in accordance with this chapter.
(2) "Board" means the higher education coordinating
board, or any successor thereto. [1988 c 125 § 9.]
28B.106.020 Bond authorization—Issuance—
Requirements. For the purpose of providing funds for the
acquisition, construction, remodeling, furnishing, and equip[Title 28B RCW—page 205]
28B.106.020
Title 28B RCW: Higher Education
ping of state buildings and facilities for the state institutions
of higher education, including facilities for the *state
community college system, and to provide for the administrative costs of such projects, including costs of bond
issuance and retirement, salaries and related costs of officials
and employees of the state, costs of credit enhancement
agreements, and other expenses incidental to the administration of capital projects, the state finance committee is
authorized to issue college savings bonds of the state of
Washington in the sum of fifty million dollars, or so much
thereof as may be required, to finance these projects and all
costs incidental thereto.
Bonds authorized in this section shall be sold in such a
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. The
bonds shall not be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee may obtain insurance or letters
of credit and may authorize the execution and delivery of
agreements, promissory notes, and other obligations for the
purpose of insuring the payment or enhancing the marketability of college savings bonds authorized in this section.
Promissory notes or other obligations issued pursuant to this
section shall not constitute a debt or the contracting of
indebtedness under any constitutional or statutory indebtedness limitation if their payment is conditioned upon the
failure of the state to pay the principal of or interest on the
bonds with respect to which the same relate.
If, and to the extent that the state finance committee
determines it is economically feasible and in the best interest
of the state, the bonds shall be sold at a deep discount from
their par value.
College savings bonds authorized under this section
shall be sold in accordance with chapter 39.42 RCW. [1988
c 125 § 10.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
28B.106.030 Bond sale proceeds—Deposit—Use.
The proceeds from the sale of the bonds authorized in RCW
28B.106.020 shall be deposited in the state building construction account of the general fund in the state treasury,
and shall be used exclusively for the purposes specified in
RCW 28B.106.020 and for the payment of expenses incurred
in the issuance and sale of the college savings bonds. [1988
c 125 § 11.]
28B.106.040 Higher education bond retirement
fund of 1988—Creation—Use—Use of debt-limit general
fund bond retirement account. The state higher education
bond retirement fund of 1988 is hereby created in the state
treasury, and shall be used for the payment of principal and
interest on the college savings bonds.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on such bonds in accordance with the provisions of the bond proceedings. The
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the state
higher education bond retirement fund of 1988, such
amounts and at such times as are required by the bond
[Title 28B RCW—page 206]
proceedings. If directed by the state finance committee by
resolution, the state higher education bond retirement fund of
1988, or any portion thereof, may be deposited in trust with
any qualified public depository.
The owner and holder of each of the college savings
bonds or the trustee for the owner and holder of any of the
college savings bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as
directed in this section.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997
and becomes effective prior to the issuance of any of the
bonds authorized by this chapter, the debt-limit general fund
bond retirement account shall be used for the purposes of
this chapter in lieu of the state higher education bond
retirement fund of 1988. [1997 c 456 § 11; 1988 c 125 §
12.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
28B.106.050 Additional means to raise money for
bond retirement. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the college savings bonds. RCW
28B.106.040 shall not be deemed to provide an exclusive
method for the payment thereof. [1988 c 125 § 13.]
28B.106.060 Bonds to be legal investment. The
college savings bonds shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1988 c 125 § 14.]
28B.106.070 Publicity—Marketing strategies and
educational programs. The board and the state finance
committee shall create and implement marketing strategies
and educational programs designed to publicize the college
savings bond program to Washington residents. [1988 c 125
§ 16.]
28B.106.080 Interest on bonds exempt from any
state income tax. Any interest earned on the bonds shall
not be income for the purposes of any state income tax.
[1988 c 125 § 17.]
28B.106.901 Short title. This chapter may be known
and cited as the college savings bond act of 1988. [1988 c
125 § 18.]
28B.106.902 Severability—1988 c 125. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1988 c 125 § 20.]
(2002 Ed.)
American Indian Endowed Scholarship Program
Chapter 28B.108
AMERICAN INDIAN ENDOWED
SCHOLARSHIP PROGRAM
Sections
28B.108.005 Findings.
28B.108.010 Definitions.
28B.108.020 Program created—Duties of the higher education coordinating board—Screening committee.
28B.108.030 Advisory committee.
28B.108.040 Award of scholarships—Amount—Duration.
28B.108.050 Scholarship trust fund established.
28B.108.060 Scholarship endowment fund established.
28B.108.070 State matching funds.
28B.108.005 Findings. The legislature recognizes the
benefit to our state and nation of providing equal educational
opportunities for all races and nationalities. The legislature
finds that American Indian students are underrepresented in
Washington’s colleges and universities. The legislature also
finds that past discriminatory practices have resulted in this
underrepresentation. Creating an endowed scholarship
program to help American Indian students obtain a higher
education will help to rectify past discrimination by providing a means and an incentive for American Indian students
to pursue a higher education. The state will benefit from
contributions made by American Indians who participate in
a program of higher education. [1990 c 287 § 1.]
Chapter 28B.108
(3) Publicizing the program;
(4) Accepting and depositing donations into the endowment fund created in RCW 28B.108.060;
(5) Requesting and accepting from the state treasurer
moneys earned from the trust fund and the endowment fund
created in RCW 28B.108.050 and 28B.108.060;
(6) Soliciting and accepting grants and donations from
public and private sources for the program; and
(7) Naming scholarships in honor of those American
Indians from Washington who have acted as role models.
[1990 c 287 § 3.]
28B.108.030 Advisory committee. The higher
education coordinating board shall establish an advisory
committee to assist in program design and to develop criteria
for the screening and selection of scholarship recipients.
The committee shall be composed of representatives of the
same groups as the screening committee described in RCW
28B.108.020. The criteria shall assess the student’s social
and cultural ties to an American Indian community within
the state. The criteria shall include a priority for upper-division or graduate students. The criteria may include a
priority for students who are majoring in program areas in
which expertise is needed by the state’s American Indians.
[1991 c 228 § 11; 1990 c 287 § 4.]
28B.108.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Institution of higher education" or "institution"
means a college or university in the state of Washington
which is accredited by an accrediting association recognized
as such by rule of the higher education coordinating board.
(2) "Board" means the higher education coordinating
board.
(3) "Eligible student" or "student" means an American
Indian who is a financially needy student, as defined in
RCW 28B.10.802, who is a resident student, as defined by
RCW 28B.15.012(2), who is a full-time student at an
institution of higher education, and who promises to use his
or her education to benefit other American Indians. [1991
c 228 § 10; 1990 c 287 § 2.]
28B.108.020 Program created—Duties of the higher
education coordinating board—Screening committee.
The American Indian endowed scholarship program is created. The program shall be administered by the higher
education coordinating board. In administering the program,
the board’s powers and duties shall include but not be
limited to:
(1) Selecting students to receive scholarships, with the
assistance of a screening committee composed of persons
involved in helping American Indian students to obtain a
higher education. The membership of the committee may
include, but is not limited to representatives of: Indian
tribes, urban Indians, the governor’s office of Indian affairs,
the Washington state Indian education association, and
institutions of higher education;
(2) Adopting necessary rules and guidelines;
28B.108.040 Award of scholarships—Amount—
Duration. The board may award scholarships to eligible
students from moneys earned from the endowment fund
created in RCW 28B.108.060, or from funds appropriated to
the board for this purpose, or from any private donations, or
from any other funds given to the board for this program.
For an undergraduate student, the amount of the scholarship
shall not exceed the student’s demonstrated financial need.
For a graduate student, the amount of the scholarship shall
not exceed the student’s demonstrated need; or the stipend
of a teaching assistant, including tuition, at the University of
Washington; whichever is higher. In calculating a student’s
need, the board shall consider the student’s costs for tuition,
fees, books, supplies, transportation, room, board, personal
expenses, and child care. The student’s scholarship awarded
under this chapter shall not exceed the amount received by
a student attending a state research university. A student is
eligible to receive a scholarship for a maximum of five
years. However, the length of the scholarship shall be determined at the discretion of the board. [1990 c 287 § 5.]
28B.108.050 Scholarship trust fund established.
The American Indian endowed scholarship trust fund is
established. The trust fund shall be administered by the state
treasurer. Funds appropriated by the legislature for the trust
fund shall be deposited into the fund. At the request of the
higher education coordinating board, and when conditions set
forth in RCW 28B.108.070 are met, the treasurer shall
deposit state matching moneys in the trust fund into the
American Indian endowment fund. No appropriation is
required for expenditures from the trust fund. [1991 sp.s. c
13 § 107; 1990 c 287 § 6.]
(2002 Ed.)
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
[Title 28B RCW—page 207]
28B.108.060
Title 28B RCW: Higher Education
28B.108.060 Scholarship endowment fund established. The American Indian scholarship endowment fund
is established. The endowment fund shall be administered
by the state treasurer.
(1) Moneys received from the higher education coordinating board, private donations, state matching moneys, and
funds received from any other source may be deposited into
the endowment fund. Private moneys received as a gift
subject to conditions may be deposited into the fund.
(2) At the request of the higher education coordinating
board, the treasurer shall release earnings from the endowment fund to the board for scholarships. No appropriation
is required for expenditures from the endowment fund.
(3) When notified by the higher education coordinating
board or by court order that a condition attached to a gift of
private moneys in the fund has failed, the treasurer shall
release those moneys to the donors according to the terms of
the conditional gift.
(4) The principal of the endowment fund shall not be
invaded. The release of moneys under subsection (3) of this
section shall not constitute an invasion of corpus.
(5) The earnings on the fund shall be used solely for the
purposes set forth in RCW 28B.108.040, except when the
terms of a conditional gift of private moneys in the fund
require that a portion of earnings on such moneys be reinvested in the fund. [1993 c 372 § 1; 1991 sp.s. c 13 § 110;
1990 c 287 § 7.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28B.108.070 State matching funds. The higher
education coordinating board may request that the treasurer
deposit fifty thousand dollars of state matching funds into
the American Indian scholarship endowment fund when the
board can match the state funds with an equal amount of
private cash donations, including conditional gifts. Private
cash donations means moneys from nonstate sources that
include, but are not limited to, federal moneys, tribal
moneys, and assessments by commodity commissions
authorized to conduct research activities, including but not
limited to research studies authorized under RCW 15.66.030
and 15.65.040. [1993 c 372 § 2; 1991 c 228 § 12; 1990 c
287 § 8.]
Chapter 28B.109
WASHINGTON INTERNATIONAL EXCHANGE
SCHOLARSHIP PROGRAM
Sections
28B.109.010 Definitions.
28B.109.020 Washington international exchange scholarship program—
Administration by higher education coordinating board.
28B.109.030 Reciprocal agreements to attend foreign institutions.
28B.109.040 Washington international exchange student scholarships.
28B.109.050 Washington international exchange trust fund.
28B.109.060 Washington international exchange scholarship endowment
fund.
28B.109.070 Washington international exchange scholarship endowment
fund—State matching funds.
28B.109.080 Scholarship recipients—Service obligation.
[Title 28B RCW—page 208]
28B.109.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the higher education coordinating
board.
(2) "Eligible participant" means an international student
whose country of residence has a trade relationship with the
state of Washington.
(3) "Institution of higher education" or "institution"
means a college or university in the state of Washington that
is accredited by an accrediting association recognized as
such by rule of the board.
(4) "Service obligation" means volunteering for a
minimum number of hours as established by the board based
on the amount of scholarship award, to speak to or teach
groups of Washington citizens, including but not limited to
elementary, middle, and high schools, service clubs, and
universities.
(5) "Washington international exchange scholarship
program" means a scholarship award for a period not to
exceed one academic year to attend a Washington institution
of higher education made to an international student whose
country has an established trade relationship with Washington. [1996 c 253 § 401.]
Findings—Purpose—1996 c 253: "(1) The legislature finds that:
(a) Educational, cultural, and business exchange programs are
important in developing mutually beneficial relationships between Washington state and other countries;
(b) Enhanced international trade, cultural, and educational opportunities are developed when cities, counties, ports, and others establish sister
relationships with their counterparts in other countries;
(c) It is important to the economic future of the state to promote
international awareness and understanding; and
(d) The state’s economy and economic well-being depend heavily on
foreign trade and international exchanges.
(2) The legislature declares that the purpose of chapter 253, Laws of
1996 is to:
(a) Enhance Washington state’s ability to develop relationships and
contacts throughout the world enabling us to expand international education
and trade opportunities for all citizens of the state;
(b) Develop and maintain an international data base of contacts in
international trade markets;
(c) Encourage outstanding international students who reside in
countries with existing trade relationships to attend Washington state’s
institutions of higher education; and
(d) Encourage Washington students to attend institutions of higher
education located in countries with existing trading relationships with
Washington state." [1996 c 253 § 1.]
Severability—1996 c 253: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 253 § 504.]
Part headings not law—1996 c 253: "Part headings as used in this
act constitute no part of the law." [1996 c 253 § 505.]
28B.109.020 Washington international exchange
scholarship program—Administration by higher education coordinating board. The Washington international
exchange scholarship program is created subject to funding
under RCW 28B.109.060. The program shall be administered by the board. In administering the program, the board
may:
(1) Convene an advisory committee that may include
but need not be limited to representatives of the office of the
superintendent of public instruction, the department of
community, trade, and economic development, the secretary
(2002 Ed.)
Washington International Exchange Scholarship Program
of state, private business, and institutions of higher education;
(2) Select students to receive the scholarship with the
assistance of a screening committee composed of leaders in
business, international trade, and education;
(3) Adopt necessary rules and guidelines including rules
for disbursing scholarship funds to participants;
(4) Publicize the program;
(5) Solicit and accept grants and donations from public
and private sources for the program;
(6) Establish and notify participants of service obligations; and
(7) Establish a formula for selecting the countries from
which participants may be selected in consultation with the
department of community, trade, and economic development.
[1996 c 253 § 402.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
28B.109.030 Reciprocal agreements to attend
foreign institutions. The board may negotiate and enter
into a reciprocal agreement with foreign countries that have
international students attending institutions in Washington.
The goal of the reciprocal agreements shall be to allow
Washington students enrolled in an institution of higher
education to attend an international institution under similar
terms and conditions. [1996 c 253 § 403.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
28B.109.040 Washington international exchange
student scholarships. If funds are available, the board shall
select students yearly to receive a Washington international
exchange student scholarship from moneys earned from the
Washington international exchange scholarship endowment
fund created in RCW 28B.109.060, from funds appropriated
to the board for this purpose, or from any private donations,
or from any other funds given to the board for this program.
[1996 c 253 § 404.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
28B.109.050 Washington international exchange
trust fund. The Washington international exchange trust
fund is established in the custody of the state treasurer. Any
funds appropriated by the legislature for the trust fund shall
be deposited into the fund. At the request of the board, and
when conditions set forth in RCW 28B.109.070 are met, the
treasurer shall deposit state matching moneys from the
Washington international exchange trust fund into the Washington international exchange scholarship endowment fund.
No appropriation is required for expenditures from the trust
fund. [1996 c 253 § 405.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
28B.109.060 Washington international exchange
scholarship endowment fund. The Washington international exchange scholarship endowment fund is established in
the custody of the state treasurer. Moneys received from the
private donations and funds received from any other source
(2002 Ed.)
28B.109.020
may be deposited into the endowment fund. At the request
of the board, the treasurer shall release earnings from the
endowment fund to the board for scholarships. No appropriation is required for expenditures from the endowment fund.
The principal of the endowment fund shall not be invaded.
The earnings on the fund shall be used solely for the purposes in this chapter. [1996 c 253 § 406.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
28B.109.070 Washington international exchange
scholarship endowment fund—State matching funds. The
board may request that the treasurer deposit state matching
funds into the Washington international exchange scholarship
endowment fund when the board can match the state funds
with an equal amount of private cash donations, including
conditional gifts. [1996 c 253 § 407.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
28B.109.080 Scholarship recipients—Service
obligation. Each Washington international exchange
scholarship recipient shall agree to complete the service obligation as defined by the board. [1996 c 253 § 408.]
Findings—Purpose—Severability—Part headings not law—1996
c 253: See notes following RCW 28B.109.010.
Chapter 28B.110
GENDER EQUALITY IN HIGHER EDUCATION
Sections
28B.110.010
28B.110.020
28B.110.030
28B.110.040
28B.110.050
28B.110.060
28B.110.070
28B.110.900
Discrimination prohibited.
Definitions.
Rules and guidelines.
Compliance—Reports—Community colleges.
Violation of chapter.
Existing law and procedures.
Distribution to students.
Severability—1989 c 341.
28B.110.010 Discrimination prohibited. Article
XXXI, section 1, Amendment 61 of the Washington state
Constitution requires equal treatment of all citizens, regardless of gender. Recognizing the benefit to our state and
nation of equal educational opportunities for all students,
discrimination on the basis of gender against any student in
the institutions of higher education of Washington state is
prohibited. [1989 c 341 § 1.]
28B.110.020 Definitions. For purposes of this
chapter, "institutions of higher education" or "institutions"
include the state universities, regional universities, The
Evergreen State College, and the community colleges. [1989
c 341 § 2.]
28B.110.030 Rules and guidelines. In consultation
with institutions of higher education, the higher education
coordinating board shall develop rules and guidelines to
eliminate possible gender discrimination to students, including sexual harassment, at institutions of higher education as
defined in RCW 28B.10.016. The rules and guidelines shall
include but not be limited to access to academic programs,
[Title 28B RCW—page 209]
28B.110.030
Title 28B RCW: Higher Education
student employment, counseling and guidance services,
financial aid, recreational activities including club sports, and
intercollegiate athletics.
(1) With respect to higher education student employment, all institutions shall be required to:
(a) Make no differentiation in pay scales on the basis of
gender;
(b) Assign duties without regard to gender except where
there is a bona fide occupational qualification as approved
by the Washington human rights commission;
(c) Provide the same opportunities for advancement to
males and females; and
(d) Make no difference in the conditions of employment
on the basis of gender in areas including, but not limited to,
hiring practices, leaves of absence, and hours of employment.
(2) With respect to admission standards, admissions to
academic programs shall be made without regard to gender.
(3) Counseling and guidance services for students shall
be made available to all students without regard to gender.
All academic and counseling personnel shall be required to
stress access to all career and vocational opportunities to
students without regard to gender.
(4) All academic programs shall be available to students
without regard to gender.
(5) With respect to recreational activities, recreational
activities shall be offered to meet the interests of students.
Institutions which provide the following shall do so with no
disparities based on gender: Equipment and supplies;
medical care; services and insurance; transportation and per
diem allowances; opportunities to receive coaching and
instruction; laundry services; assignment of game officials;
opportunities for competition, publicity, and awards; and
scheduling of games and practice times, including use of
courts, gyms, and pools. Each institution which provides
showers, toilets, lockers, or training room facilities for
recreational purposes shall provide comparable facilities for
both males and females.
(6) With respect to financial aid, financial aid shall be
equitably awarded by type of aid, with no disparities based
on gender.
(7) With respect to intercollegiate athletics, institutions
that provide the following shall do so with no disparities
based on gender:
(a) Benefits and services including, but not limited to,
equipment and supplies; medical services; services and
insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; scholarships and
other forms of financial aid; conditioning programs; laundry
services; assignment of game officials; opportunities for
competition, publicity, and awards; and scheduling of games
and practice times, including use of courts, gyms, and pools.
Each institution which provides showers, toilets, lockers, or
training room facilities for athletic purposes shall provide
comparable facilities for both males and females.
(b) Opportunities to participate in intercollegiate
athletics. Institutions shall provide equitable opportunities to
male and female students.
(c) Male and female coaches and administrators.
Institutions shall attempt to provide some coaches and
administrators of each gender to act as role models for male
and female athletes.
[Title 28B RCW—page 210]
(8) Each institution shall develop and distribute policies
and procedures for handling complaints of sexual harassment. [1989 c 341 § 3.]
28B.110.040 Compliance—Reports—Community
colleges. The executive director of the higher education
coordinating board, in consultation with the council of
presidents and the state board for community and technical
colleges, shall monitor the compliance by institutions of
higher education with this chapter.
(1) The board shall establish a timetable and guidelines
for compliance with this chapter.
(2) By November 30, 1990, each institution shall submit
to the board for approval a plan to comply with the requirements of RCW 28B.110.030. The plan shall contain
measures to ensure institutional compliance with the provisions of this chapter by September 30, 1994. If participation
in activities, such as intercollegiate athletics and matriculation in academic programs is not proportionate to the
percentages of male and female enrollment, the plan should
outline efforts to identify barriers to equal participation and
to encourage gender equity in all aspects of college and
university life.
(3) The board shall report every four years, beginning
December 31, 1998, to the governor and the higher education committees of the house of representatives and the
senate on institutional efforts to comply with this chapter.
The report shall include recommendations on measures to
assist institutions with compliance. This report may be
combined with the report required in RCW 28B.15.465.
(4) The board may delegate to the state board for
community and technical colleges any or all responsibility
for community college compliance with the provisions of
this chapter. [1997 c 5 § 5; 1989 c 341 § 4.]
Effective date—1997 c 5: See note following RCW 28B.15.455.
28B.110.050 Violation of chapter. A violation of this
chapter shall constitute an unfair practice under chapter
49.60 RCW, the law against discrimination. All rights and
remedies under chapter 49.60 RCW, including the right to
file a complaint with the human rights commission and to
bring a civil action, shall apply. [1989 c 341 § 5.]
28B.110.060 Existing law and procedures. This
chapter shall supplement, and shall not supersede, existing
law and procedures relating to unlawful discrimination based
on gender. [1989 c 341 § 6.]
28B.110.070 Distribution to students. Institutions of
higher education shall distribute copies of the provisions of
this chapter to all students. [1989 c 341 § 7.]
28B.110.900 Severability—1989 c 341. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 c 341 § 8.]
(2002 Ed.)
Health Professional Conditional Scholarship Program
Chapter 28B.115
HEALTH PROFESSIONAL CONDITIONAL
SCHOLARSHIP PROGRAM
Sections
28B.115.010
28B.115.020
28B.115.030
28B.115.040
28B.115.050
28B.115.060
Legislative findings.
Definitions.
Program established—Duties of board.
Technical assistance for rural communities.
Planning committee—Criteria for selecting participants.
Eligible credentialed health care professions—Required
service obligations.
28B.115.070 Eligible credentialed health care professions—Health professional shortage areas.
28B.115.080 Annual award amount—Scholarship preferences—Required
service obligations.
28B.115.090 Loan repayment and scholarship awards.
28B.115.100 Discrimination by participants prohibited—Violation.
28B.115.110 Participant obligation—Repayment obligation.
28B.115.120 Participant obligation—Scholarships.
28B.115.130 Health professional loan repayment and scholarship program fund.
28B.115.140 Transfer of program administration.
28B.115.900 Effective date—1989 1st ex.s. c 9.
28B.115.901 Severability—1989 1st ex.s. c 9.
28B.115.902 Application to scope of chapter—Captions not law—1991
c 332.
Maternity care provider loan repayment: RCW 74.09.820.
Rural health access account: RCW 43.70.325.
28B.115.010 Legislative findings. The legislature
finds that changes in demographics, the delivery of health
care services, and an escalation in the cost of educating
health professionals has resulted in shortages of health
professionals. A poor distribution of health care professionals has resulted in a surplus of some professionals in some
areas of the state and a shortage of others in other parts of
the state such as in the more rural areas. The high cost of
health professional education requires that health care
practitioners command higher incomes to repay the financial
obligations incurred to obtain the required training. Health
professional shortage areas are often areas that have troubled
economies and lower per capita incomes. These areas often
require more services because the health care needs are
greater due to poverty or because the areas are difficult to
service due to geographic circumstances. The salary
potentials for shortage areas are often not as favorable when
compared to nonshortage areas and practitioners are unable
to serve. The legislature further finds that encouraging
health professionals to serve in shortage areas is essential to
assure continued access to health care for persons living in
these parts of the state. [1989 1st ex.s. c 9 § 716. Formerly
RCW 18.150.010.]
28B.115.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the higher education coordinating
board.
(2) "Department" means the state department of health.
(3) "Eligible education and training programs" means
education and training programs approved by the department
that lead to eligibility for a credential as a credentialed
health care professional.
(2002 Ed.)
Chapter 28B.115
(4) "Eligible expenses" means reasonable expenses
associated with the costs of acquiring an education such as
tuition, books, equipment, fees, room and board, and other
expenses determined by the board.
(5) "Eligible student" means a student who has been
accepted into an eligible education or training program and
has a declared intention to serve in a health professional
shortage area upon completion of the education or training
program.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
render health care services in a health professional shortage
area in the state of Washington in lieu of monetary repayment.
(7) "Health professional shortage areas" means those
areas where credentialed health care professionals are in
short supply as a result of geographic maldistribution or as
the result of a short supply of credentialed health care
professionals in specialty health care areas and where
vacancies exist in serious numbers that jeopardize patient
care and pose a threat to the public health and safety. The
department shall determine health professional shortage areas
as provided for in RCW 28B.115.070, or until June 1, 1992,
as provided for in RCW 28B.115.060. In making health
professional shortage area designations in the state the
department may be guided by applicable federal standards
for "health manpower shortage areas," and "medically
underserved areas," and "medically underserved populations."
(8) "Credentialed health care profession" means a health
care profession regulated by a disciplining authority in the
state of Washington under RCW 18.130.040 or by the state
board of pharmacy under chapter 18.64 RCW and designated
by the department in RCW 28B.115.070, or until June 1,
1992, as established in RCW 28B.115.060 as a profession
having shortages of credentialed health care professionals in
the state.
(9) "Credentialed health care professional" means a
person regulated by a disciplining authority in the state of
Washington to practice a health care profession under RCW
18.130.040 or by the state board of pharmacy under chapter
18.64 RCW.
(10) "Loan repayment" means a loan that is paid in full
or in part if the participant renders health care services in a
health professional shortage area as defined by the department.
(11) "Nonshortage rural area" means a nonurban area of
the state of Washington that has not been designated as a
rural physician shortage area. The department shall identify
the nonshortage rural areas of the state.
(12) "Participant" means a credentialed health care
professional who has received a loan repayment award and
has commenced practice as a credentialed health care
provider in a designated health professional shortage area or
an eligible student who has received a scholarship under this
program.
(13) "Program" means the health professional loan
repayment and scholarship program.
(14) "Required service obligation" means an obligation
by the participant to provide health care services in a health
professional shortage area for a period to be established as
provided for in this chapter.
(15) "Rural physician shortage area" means rural
geographic areas where primary care physicians are in short
[Title 28B RCW—page 211]
28B.115.020
Title 28B RCW: Higher Education
supply as a result of geographic maldistributions and where
their limited numbers jeopardize patient care and pose a
threat to public health and safety. The department shall
designate rural physician shortage areas.
(16) "Satisfied" means paid-in-full.
(17) "Scholarship" means a loan that is forgiven in
whole or in part if the recipient renders health care services
in a health professional shortage area.
(18) "Sponsoring community" means a rural hospital or
hospitals as authorized in chapter 70.41 RCW, a rural health
care facility or facilities as authorized in chapter 70.175
RCW, or a city or county government or governments.
[1991 c 332 § 15; 1989 1st ex.s. c 9 § 717. Formerly RCW
18.150.020.]
28B.115.030 Program established—Duties of board.
The health professional loan repayment and scholarship
program is established for credentialed health professionals
serving in health professional shortage areas. The program
shall be administered by the higher education coordinating
board. In administrating this program, the board shall:
(1) Select credentialed health care professionals to
participate in the loan repayment portion of the loan repayment and scholarship program and select eligible students to
participate in the scholarship portion of the loan repayment
and scholarship program;
(2) Adopt rules and develop guidelines to administer the
program;
(3) Collect and manage repayments from participants
who do not meet their service obligations under this chapter;
(4) Publicize the program, particularly to maximize
participation among individuals in shortage areas and among
populations expected to experience the greatest growth in the
work force;
(5) Solicit and accept grants and donations from public
and private sources for the program; and
(6) Develop criteria for a contract for service in lieu of
the service obligation where appropriate, that may be a
combination of service and payment. [1991 c 332 § 16;
1989 1st ex.s. c 9 § 718. Formerly RCW 18.150.030.]
28B.115.040 Technical assistance for rural communities. The department may provide technical assistance to
rural communities desiring to become sponsoring communities for the purposes of identification of prospective
students for the program, assisting prospective students to
apply to an eligible education and training program, making
formal agreements with prospective students to provide credentialed health care services in the community, forming
agreements between rural communities in a service area to
share credentialed health care professionals, and fulfilling
any matching requirements. [1991 c 332 § 17.]
28B.115.050 Planning committee—Criteria for
selecting participants. The board shall establish a planning
committee to assist it in developing criteria for the selection
of participants. The board shall include on the planning
committee representatives of the department, the department
of social and health services, appropriate representatives
from health care facilities, provider groups, consumers, the
*state board of community college education, the superinten[Title 28B RCW—page 212]
dent of public instruction, and other appropriate public and
private agencies and organizations. The criteria may require
that some of the participants meet the definition of "needy
student" under RCW 28B.10.802. [1991 c 332 § 18; 1989
1st ex.s. c 9 § 719. Formerly RCW 18.150.040.]
*Reviser’s note: The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
28B.115.060 Eligible credentialed health care
professions—Required service obligations. Until June 1,
1992, the board, in consultation with the department, shall:
(1) Establish loan repayments for persons authorized to
practice one of the following credentialed health care
professions: Medicine pursuant to chapter 18.57, 18.57A,
18.71 or 18.71A RCW, nursing pursuant to *chapter 18.78
or 18.88 RCW, or dentistry pursuant to chapter 18.32 RCW.
The amount of the loan repayment shall not exceed fifteen
thousand dollars per year for a maximum of five years per
individual. The required service obligation in a health
professional shortage area for loan repayment shall be three
years;
(2) Establish a scholarship program for eligible students
who have been accepted into an eligible education or
training program leading to a credential in one of the
following credentialed health care professions: Nursing
pursuant to *chapter 18.78 or 18.88 RCW who declare the
intent to serve in a nurse shortage area as defined by the
department upon completion of an education or training
program and agree to a five-year service obligation. The
amount of the scholarship shall not exceed three thousand
dollars per year for a maximum of five years;
(3) Establish a scholarship program for eligible students
who have been accepted into an eligible education or
training program leading to a credential in one of the
following credentialed health care professions: Medicine
pursuant to chapter 18.57 or 18.71 RCW who declare an
intent to serve as a primary care physician in a rural area in
the state of Washington upon completion of the education
program and agree to a five-year service obligation and who
may receive a scholarship of no more than fifteen thousand
dollars per year for five years.
In determining scholarship awards for prospective
physicians, the selection criteria shall include requirements
that recipients declare an interest in serving in rural areas of
the state of Washington. Preference for scholarships shall be
given to students who reside in a rural physician shortage
area or a nonshortage rural area of the state prior to admission to the eligible education and training program in
medicine. Highest preference shall be given to students
seeking admission who are recommended by sponsoring
communities and who declare the intent of serving as a
physician in a rural area. The board may require the
sponsoring community located in a nonshortage rural area to
financially contribute to the eligible expenses of a medical
student if the student will serve in the nonshortage rural
area;
(4) Establish a scholarship program for eligible students
who have been accepted into an eligible education or
training program leading to a credential in one of the
following credentialed health care professions: Midwifery
pursuant to chapter 18.50 RCW or advanced registered nurse
(2002 Ed.)
Health Professional Conditional Scholarship Program
practitioner certified nurse midwifery under *chapter 18.88
RCW who declare an intent to serve as a midwife in a
midwifery shortage area in the state of Washington, as
defined by the department, upon completion of the education
program and agree to a five-year service obligation and who
may receive a scholarship of no more than four thousand
dollars per year for three years;
(5) Establish a scholarship program for eligible students
who have been accepted into an eligible education or
training program leading to a credential in the following
credentialed health care profession: Pharmacy pursuant to
chapter 18.64 RCW who declare an intent to serve as a
pharmacist in a pharmacy shortage area in the state of
Washington, as defined by the department, upon completion
of the education program and agree to a five-year service
obligation and who may receive a scholarship of no more
than four thousand dollars per year for three years;
(6) Honor loan repayment and scholarship contract
terms negotiated between the board and participants prior to
May 21, 1991, concerning loan repayment and scholarship
award amounts and service obligations authorized under
chapter **18.150, ***28B.104, or 70.180 RCW. [1991 c
332 § 19.]
Reviser’s note: *(1) Chapters 18.78 and 18.88 RCW were repealed
by 1994 sp.s. c 9 § 433, effective July 1, 1994.
**(2) Chapter 18.150 RCW was recodified as chapter 28B.115 RCW
by 1991 c 332 § 36.
***(3) Chapter 28B.104 RCW was repealed by 1991 sp.s. c 27 § 2.
28B.115.070 Eligible credentialed health care
professions—Health professional shortage areas. After
June 1, 1992, the department, in consultation with the board
and the department of social and health services, shall:
(1) Determine eligible credentialed health care professions for the purposes of the loan repayment and scholarship
program authorized by this chapter. Eligibility shall be
based upon an assessment that determines that there is a
shortage or insufficient availability of a credentialed profession so as to jeopardize patient care and pose a threat to the
public health and safety. The department shall consider the
relative degree of shortages among professions when determining eligibility. This determination shall be based upon
health professional shortage needs identified in the health
personnel resource plan authorized by RCW 28B.125.010.
The department may add or remove professions from
eligibility based upon the determination that a profession is
no longer in shortage as determined by the health personnel
resource plan. Should a profession no longer be eligible,
participants or eligible students who have received scholarships shall be eligible to continue to receive scholarships or
loan repayments until they are no longer eligible or until
their service obligation has been completed;
(2) Determine health professional shortage areas for
each of the eligible credentialed health care professions.
[1991 c 332 § 20.]
28B.115.080 Annual award amount—Scholarship
preferences—Required service obligations. After June 1,
1992, the board, in consultation with the department and the
department of social and health services, shall:
(1) Establish the annual award amount for each credentialed health care profession which shall be based upon an
(2002 Ed.)
28B.115.060
assessment of reasonable annual eligible expenses involved
in training and education for each credentialed health care
profession. The annual award amount may be established at
a level less than annual eligible expenses. The annual award
amount shall be established by the board for each eligible
health profession. The awards shall not be paid for more
than a maximum of five years per individual;
(2) Determine any scholarship awards for prospective
physicians in such a manner to require the recipients declare
an interest in serving in rural areas of the state of Washington. Preference for scholarships shall be given to students
who reside in a rural physician shortage area or a
nonshortage rural area of the state prior to admission to the
eligible education and training program in medicine. Highest
preference shall be given to students seeking admission who
are recommended by sponsoring communities and who
declare the intent of serving as a physician in a rural area.
The board may require the sponsoring community located in
a nonshortage rural area to financially contribute to the
eligible expenses of a medical student if the student will
serve in the nonshortage rural area;
(3) Establish the required service obligation for each
credentialed health care profession, which shall be no less
than three years or no more than five years. The required
service obligation may be based upon the amount of the
scholarship or loan repayment award such that higher awards
involve longer service obligations on behalf of the participant;
(4) Determine eligible education and training programs
for purposes of the scholarship portion of the program;
(5) Honor loan repayment and scholarship contract
terms negotiated between the board and participants prior to
May 21, 1991, concerning loan repayment and scholarship
award amounts and service obligations authorized under
chapter 28B.115, *28B.104, or 70.180 RCW. [1993 c 492
§ 271; 1991 c 332 § 21.]
*Reviser’s note: Chapter 28B.104 RCW was repealed by 1991 sp.s.
c 27 § 2.
Finding—1993 c 492: See note following RCW 28B.125.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
28B.115.090 Loan repayment and scholarship
awards. (1) The board may grant loan repayment and
scholarship awards to eligible participants from the funds
appropriated for this purpose, or from any private or public
funds given to the board for this purpose. Participants are
ineligible to receive loan repayment if they have received a
scholarship from programs authorized under this chapter or
chapter *28B.104 or 70.180 RCW or are ineligible to receive
a scholarship if they have received loan repayment authorized under this chapter or **chapter 18.150 RCW.
(2) Funds appropriated for the program, including
reasonable administrative costs, may be used by the board
for the purposes of loan repayments or scholarships. The
board shall annually establish the total amount of funding to
be awarded for loan repayments and scholarships and such
allocations shall be established based upon the best utilization of funding for that year and based upon the health
personnel resource plan authorized in RCW 28B.125.010.
[Title 28B RCW—page 213]
28B.115.090
Title 28B RCW: Higher Education
(3) One portion of the funding appropriated for the
program shall be used by the board as a recruitment incentive for communities participating in the community-based
recruitment and retention program as authorized by chapter
70.185 RCW; one portion of the funding shall be used by
the board as a recruitment incentive for recruitment activities
in state-operated institutions, county public health departments and districts, county human service agencies, federal
and state contracted community health clinics, and other
health care facilities, such as rural hospitals that have been
identified by the department, as providing substantial
amounts of charity care or publicly subsidized health care;
one portion of the funding shall be used by the board for all
other awards. The board shall determine the amount of total
funding to be distributed between the three portions. [1991
c 332 § 22; 1989 1st ex.s. c 9 § 720. Formerly RCW
18.150.050.]
Reviser’s note: *(1) Chapter 28B.104 RCW was repealed by 1991
sp.s. c 27 § 2.
**(2) Chapter 18.150 RCW was recodified as chapter 28B.115 RCW
by 1991 c 332 § 36.
28B.115.100 Discrimination by participants prohibited—Violation. In providing health care services the
participant shall not discriminate against a person on the
basis of the person’s ability to pay for such services or
because payment for the health care services provided to
such persons will be made under the insurance program
established under part A or B of Title XVIII of the federal
social security act or under a state plan for medical assistance including Title XIX of the federal social security act
or under the state medical assistance program authorized by
chapter 74.09 RCW and agrees to accept assignment under
section 18.42(b)(3)(B)(ii) of the federal social security act
for all services for which payment may be made under part
B of Title XVIII of the federal social security act and enters
into an appropriate agreement with the department of social
and health services for medical assistance under Title XIX
of the federal social security act to provide services to
individuals entitled to medical assistance under the plan and
enters into appropriate agreements with the department of
social and health services for medical care services under
chapter 74.09 RCW. Participants found by the board or the
department in violation of this section shall be declared
ineligible for receiving assistance under the program authorized by this chapter. [1991 c 332 § 23.]
28B.115.110 Participant obligation—Repayment
obligation. Participants in the health professional loan
repayment and scholarship program who are awarded loan
repayments shall receive payment from the program for the
purpose of repaying educational loans secured while attending a program of health professional training which led to a
credential as a credentialed health professional in the state of
Washington.
(1) Participants shall agree to meet the required service
obligation in a designated health professional shortage area.
(2) Repayment shall be limited to eligible educational
and living expenses as determined by the board and shall
include principal and interest.
(3) Loans from both government and private sources
may be repaid by the program. Participants shall agree to
[Title 28B RCW—page 214]
allow the board access to loan records and to acquire information from lenders necessary to verify eligibility and to
determine payments. Loans may not be renegotiated with
lenders to accelerate repayment.
(4) Repayment of loans established pursuant to this
program shall begin no later than ninety days after the
individual has become a participant. Payments shall be
made quarterly, or more frequently if deemed appropriate by
the board, to the participant until the loan is repaid or the
participant becomes ineligible due to discontinued service in
a health professional shortage area or after the required
service obligation when eligibility discontinues, whichever
comes first.
(5) Should the participant discontinue service in a health
professional shortage area payments against the loans of the
participants shall cease to be effective on the date that the
participant discontinues service.
(6) Except for circumstances beyond their control,
participants who serve less than the required service obligation shall be obligated to repay to the program an amount
equal to twice the total amount paid by the program on their
behalf in addition to any payments on the unsatisfied portion
of the principal and interest. The board shall determine the
applicability of this subsection.
(7) The board is responsible for the collection of
payments made on behalf of participants from the participants who discontinue service before completion of the required service obligation. The board shall exercise due
diligence in such collection, maintaining all necessary
records to ensure that the maximum amount of payment
made on behalf of the participant is recovered. Collection
under this section shall be pursued using the full extent of
the law, including wage garnishment if necessary.
(8) The board shall not be held responsible for any
outstanding payments on principal and interest to any lenders
once a participant’s eligibility expires.
(9) The board shall temporarily or, in special circumstances, permanently defer the requirements of this section
for eligible students as defined in RCW 28B.10.017. [1991
c 332 § 24; 1991 c 164 § 8; 1989 1st ex.s. c 9 § 721.
Formerly RCW 18.150.060.]
Reviser’s note: This section was amended by 1991 c 164 § 8 and by
1991 c 332 § 24, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
28B.115.120 Participant obligation—Scholarships.
(1) Participants in the health professional loan repayment and
scholarship program who are awarded scholarships incur an
obligation to repay the scholarship, with interest, unless they
serve the required service obligation in a health professional
shortage area in the state of Washington.
(2) The interest rate shall be eight percent for the first
four years of repayment and ten percent beginning with the
fifth year of repayment.
(3) The period for repayment shall coincide with the
required service obligation, with payments of principal and
interest accruing quarterly commencing no later than nine
months from the date the participant completes or discontinues the course of study or completes or discontinues the
required residency. Provisions for deferral of payment shall
be determined by the board.
(2002 Ed.)
Health Professional Conditional Scholarship Program
28B.115.120
designee, may authorize expenditures from the fund. The
fund is subject to allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures.
[1991 c 332 § 28.]
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the
participant serves in a health professional shortage area until
the entire repayment obligation is satisfied or the borrower
ceases to so serve. Should the participant cease to serve in
a health professional shortage area of this state before the
participant’s repayment obligation is completed, payments on
the unsatisfied portion of the principal and interest shall
begin the next payment period and continue until the
remainder of the participant’s repayment obligation is
satisfied. Except for circumstances beyond their control,
participants who serve less than the required service obligation shall be obliged to repay to the program an amount
equal to twice the total amount paid by the program on their
behalf.
(5) The board is responsible for collection of repayments made under this section and shall exercise due
diligence in such collection, maintaining all necessary
records to ensure that maximum repayments are made.
Collection and servicing of repayments under this section
shall be pursued using the full extent of the law, including
wage garnishment if necessary, and shall be performed by
entities approved for such servicing by the Washington
student loan guaranty association or its successor agency.
The board is responsible to forgive all or parts of such
repayments under the criteria established in this section and
shall maintain all necessary records of forgiven payments.
(6) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, which are paid by or on behalf of participants under
this section, shall be deposited with the board and shall be
used to cover the costs of granting the scholarships, maintaining necessary records, and making collections under
subsection (5) of this section. The board shall maintain
accurate records of these costs, and all receipts beyond those
necessary to pay such costs shall be used to grant scholarships to eligible students.
(7) Sponsoring communities who financially contribute
to the eligible financial expenses of eligible medical students
may enter into agreements with the student to require
repayment should the student not serve the required service
obligation in the community as a primary care physician.
The board may develop criteria for the content of such
agreements with respect to reasonable provisions and
obligations between communities and eligible students.
(8) The board may make exceptions to the conditions
for participation and repayment obligations should circumstances beyond the control of individual participants warrant
such exceptions. [1993 c 423 § 2; 1991 c 332 § 25.]
28B.119.005 Intent—Finding. The legislature intends
to strengthen the link between postsecondary education and
K-12 education by creating the Washington promise scholarship program for academically successful high school
graduates from low and middle-income families. The
legislature finds that, increasingly, an individual’s economic
viability is contingent on postsecondary educational opportunities, yet the state’s full financial obligation is eliminated
after the twelfth grade. Students who work hard in kindergarten through twelfth grade and successfully complete high
school with high academic marks may not have the financial
ability to attend college because they cannot obtain financial
aid or the financial aid is insufficient. [2002 c 204 § 1.]
28B.115.130 Health professional loan repayment
and scholarship program fund. (1) Any funds appropriated by the legislature for the health professional loan repayment and scholarship program or any other public or private
funds intended for loan repayments or scholarships under
this program shall be placed in the account created by this
section.
(2) The health professional loan repayment and scholarship program fund is created in custody of the state treasurer. All receipts from the program shall be deposited into the
fund. Only the higher education coordinating board, or its
28B.119.010 Program design—Parameters. The
higher education coordinating board shall design the Washington promise scholarship program based on the following
parameters:
(1) Scholarships shall be awarded to students graduating
from public and approved private high schools under chapter
28A.195 RCW and students participating in home-based
instruction as provided in chapter 28A.200 RCW who meet
both an academic and a financial eligibility criteria.
(a) Academic eligibility criteria shall be defined as
follows:
(2002 Ed.)
28B.115.140 Transfer of program administration.
After consulting with the higher education coordinating
board, the governor may transfer the administration of this
program to another agency with an appropriate mission.
[1989 1st ex.s. c 9 § 722. Formerly RCW 18.150.070.]
28B.115.900 Effective date—1989 1st ex.s. c 9. See
RCW 43.70.910.
28B.115.901
RCW 43.70.920.
Severability—1989 1st ex.s. c 9. See
28B.115.902 Application to scope of chapter—
Captions not law—1991 c 332. See notes following RCW
18.130.010.
Chapter 28B.119
WASHINGTON PROMISE
SCHOLARSHIP PROGRAM
Sections
28B.119.005
28B.119.010
28B.119.020
28B.119.030
28B.119.040
Intent—Finding.
Program design—Parameters.
Implementation and administration.
Funding for state need grant program not impaired.
Requirements for students receiving home-based instruction not affected.
28B.119.050 Washington promise scholarship account.
28B.119.900 Effective date—2002 c 204.
[Title 28B RCW—page 215]
28B.119.010
Title 28B RCW: Higher Education
(i) Beginning with the graduating class of 2002, students
graduating from public and approved private high schools
under chapter 28A.195 RCW must be in the top fifteen
percent of their graduating class, as identified by each respective high school at the completion of the first term of
the student’s senior year; or
(ii) Students graduating from public high schools,
approved private high schools under chapter 28A.195 RCW,
and students participating in home-based instruction as
provided in chapter 28A.200 RCW must equal or exceed a
cumulative scholastic assessment test I score of twelve
hundred on their first attempt or must equal or exceed a
composite American college test score of twenty-seven on
their first attempt.
(b) To meet the financial eligibility criteria, a student’s
family income shall not exceed one hundred thirty-five
percent of the state median family income adjusted for
family size, as determined by the higher education coordinating board for each graduating class. Students not meeting
the eligibility requirements for the first year of scholarship
benefits may reapply for the second year of benefits, but
must still meet the income standard set by the board for the
student’s graduating class.
(2) Promise scholarships are not intended to supplant
any grant, scholarship, or tax program related to
postsecondary education. If the board finds that promise
scholarships supplant or reduce any grant, scholarship, or tax
program for categories of students, then the board shall
adjust the financial eligibility criteria or the amount of
scholarship to the level necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall
receive two consecutive annual awards, the value of each not
to exceed the full-time annual resident tuition rates charged
by Washington’s community colleges. The higher education
coordinating board shall award scholarships to as many
students as possible from among those qualifying under this
section.
(4) By October 15th of each year, the board shall
determine the award amount of the scholarships, after taking
into consideration the availability of funds.
(5) The scholarships may only be used for undergraduate coursework at accredited institutions of higher education
in the state of Washington.
(6) The scholarships may be used for undergraduate
coursework at Oregon institutions of higher education that
are part of the border county higher education opportunity
project in RCW 28B.80.806 when those institutions offer
programs not available at accredited institutions of higher
education in Washington state.
(7) The scholarships may be used for college-related
expenses, including but not limited to, tuition, room and
board, books, and materials.
(8) The scholarships may not be awarded to any student
who is pursuing a degree in theology.
(9) The higher education coordinating board may
establish satisfactory progress standards for the continued
receipt of the promise scholarship.
(10) The higher education coordinating board shall
establish the time frame within which the student must use
the scholarship. [2002 c 204 § 2.]
[Title 28B RCW—page 216]
28B.119.020 Implementation and administration.
The higher education coordinating board, with the assistance
of the office of the superintendent of public instruction, shall
implement and administer the Washington promise scholarship program described in RCW 28B.119.010 as follows:
(1) The first scholarships shall be awarded to eligible
students enrolling in postsecondary education in the 2002-03
academic year.
(2) The office of the superintendent of public instruction
shall provide information to the higher education coordinating board that is necessary for implementation of the
program. The higher education coordinating board and the
office of the superintendent of public instruction shall jointly
establish a timeline and procedures necessary for accurate
and timely data reporting.
(a) For students meeting the academic eligibility criteria
as provided in RCW 28B.119.010(1)(a), the office of the
superintendent of public instruction shall provide the higher
education coordinating board with student names, addresses,
birth dates, and unique numeric identifiers.
(b) Public and approved private high schools under
chapter 28A.195 RCW shall provide requested information
necessary for implementation of the program to the office of
the superintendent of public instruction within the established
timeline.
(c) All student data is confidential and may be used
solely for the purposes of providing scholarships to eligible
students.
(3) The higher education coordinating board may adopt
rules to implement this chapter. [2002 c 204 § 3.]
28B.119.030 Funding for state need grant program
not impaired. The Washington promise scholarship
program shall not be funded at the expense of the state need
grant program as defined in RCW 28B.10.800 through
28B.10.824. In administering the state need grant and
promise scholarship programs, the higher education coordinating board shall first ensure that eligibility for state need
grant recipients is at least fifty-five percent of state median
family income. [2002 c 204 § 4.]
28B.119.040 Requirements for students receiving
home-based instruction not affected. This chapter shall
not be construed to change current state requirements for
students who received home-based instruction under chapter
28A.200 RCW. [2002 c 204 § 5.]
28B.119.050 Washington promise scholarship
account. (1) The Washington promise scholarship account
is created in the custody of the state treasurer. The account
shall be a nontreasury account retaining its interest earnings
in accordance with RCW 43.79A.040.
(2) The higher education coordinating board shall
deposit in the account all money received for the program.
The account shall be self-sustaining and consist of funds
appropriated by the legislature for the Washington promise
scholarship program, private contributions to the program,
and refunds of Washington promise scholarships.
(3) Expenditures from the account shall be used for
scholarships to eligible students.
(2002 Ed.)
Washington Promise Scholarship Program
(4) With the exception of the operating costs associated
with the management of the account by the treasurer’s office
as authorized in chapter 43.79A RCW, the account shall be
credited with all investment income earned by the account.
(5) Disbursements from the account are exempt from
appropriations and the allotment provisions of chapter 43.88
RCW.
(6) Disbursements from the account shall be made only
on the authorization of the higher education coordinating
board. [2002 c 204 § 6.]
28B.119.900 Effective date—2002 c 204. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 27, 2002]. [2002 c 204 § 9.]
Chapter 28B.120
WASHINGTON FUND FOR INNOVATION AND
QUALITY IN HIGHER EDUCATION PROGRAM
Sections
28B.120.005 Findings.
28B.120.010 Washington fund for innovation and quality in higher
education program—Incentive grants.
28B.120.020 Program administration—Higher education coordinating
board.
28B.120.025 Program administration—State board for community and
technical colleges.
28B.120.030 Receipt of gifts, grants, and endowments.
28B.120.040 Higher education coordinating board fund for innovation
and quality.
28B.120.050 Community and technical college fund for innovation and
quality.
28B.120.900 Intent—1999 c 169.
28B.120.005 Findings. The legislature finds that
encouraging collaboration among the various educational
sectors to meet statewide needs will strengthen the entire
educational system, kindergarten through twelfth grade and
higher education. The legislature also recognizes that the
most effective way to develop innovative and collaborative
programs is to encourage institutions to develop them
voluntarily, in line with established state goals. Through a
system of competitive grants, the legislature shall encourage
the development of innovative and collaborative solutions to
issues of critical statewide need, including:
(1) Recognizing needs of special populations of students;
(2) Furthering the development of learner-centered,
technology-assisted course delivery;
(3) Furthering the development of competency-based
measurements of student achievement to be used as the basis
for awarding degrees and certificates; and
(4) Increasing the collaboration among both public and
private sector institutions of higher education. [1999 c 169
§ 2; 1991 c 98 § 1.]
28B.120.010 Washington fund for innovation and
quality in higher education program—Incentive grants.
The Washington fund for innovation and quality in higher
education program is established. The higher education
coordinating board shall administer the program for the
(2002 Ed.)
28B.119.050
purpose of awarding grants in which a four-year institution
of higher education is named as the lead institution. The
state board for community and technical colleges shall
administer the program for the purpose of awarding grants
in which a community or technical college is named as the
lead institution. Through this program the boards may
award on a competitive basis incentive grants to state public
institutions of higher education or consortia of institutions to
encourage cooperative programs designed to address specific
system problems. Grants shall not exceed a two-year period.
Each institution or consortia of institutions receiving the
award shall contribute some financial support, either by
covering part of the costs for the program during its implementation, or by assuming continuing support at the end of
the grant period. Strong priority will be given to proposals
that involve more than one sector of education, and to
proposals that show substantive institutional commitment.
Institutions are encouraged to solicit nonstate funds to
support these cooperative programs. [1999 c 169 § 5; 1996
c 41 § 1; 1991 c 98 § 2.]
28B.120.020 Program administration—Higher
education coordinating board. The higher education
coordinating board shall have the following powers and
duties in administering the program for those proposals in
which a four-year institution of higher education is named as
the lead institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review
committee shall include individuals with significant experience in higher education in areas relevant to one or more of
the funding period priorities and shall include representatives
from both the four-year and two-year sectors of higher
education;
(3) To award grants no later than September 1st in those
years when funding is available by June 30th;
(4) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program and consistent with the guidelines established
by the state board for community and technical colleges
under RCW 28B.120.025. During the 1999-01 biennium the
guidelines shall be consistent with the following desired
outcomes of:
(a) Minority and diversity initiatives that encourage the
participation of minorities in higher education, including students with disabilities;
(b) K-12 teacher preparation models that encourage
collaboration between higher education and K-12 to improve
the preparedness of teachers, including provisions for higher
education faculty involved with teacher preparation to spend
time teaching in K-12 schools;
(c) Collaborative instructional programs involving K-12,
community and technical colleges, and four-year institutions
of higher education to develop a three-year degree program,
or reduce the time to degree;
(d) Contracts with public or private institutions or
businesses to provide services or the development of
collaborative programs;
(e) Articulation and transfer activities to smooth the
transfer of students from K-12 to higher education, or from
[Title 28B RCW—page 217]
28B.120.020
Title 28B RCW: Higher Education
the community colleges and technical colleges to four-year
institutions;
(f) Projects that further the development of learnercentered, technology-assisted course delivery; and
(g) Projects that further the development of competencybased measurements of student achievement to be used as
the basis for awarding degrees and certificates.
After June 30, 2001, and each biennium thereafter, the
board shall determine funding priorities for collaborative
proposals for the biennium in consultation with the governor,
the legislature, the office of the superintendent of public
instruction, the state board for community and technical
colleges, the work force training and education coordinating
board, higher education institutions, educational associations,
and business and community groups consistent with statewide needs;
(5) To solicit grant proposals and provide information
to the institutions of higher education about the program; and
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients
of the grants awarded by the higher education coordinating
board. [1999 c 169 § 3; 1996 c 41 § 2; 1991 c 98 § 3.]
28B.120.025 Program administration—State board
for community and technical colleges. The state board for
community and technical colleges has the following powers
and duties in administering the program for those proposals
in which a community or technical college is named as the
lead institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review
committee shall include individuals with significant experience in higher education in areas relevant to one or more of
the funding period priorities and shall include representatives
from both the four-year and two-year sectors of higher
education;
(3) To award grants no later than September 1st in those
years when funding is available by June 30th;
(4) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program and consistent with the guidelines established
by the higher education coordinating board under RCW
28B.120.020. During the 1999-01 biennium the guidelines
shall be consistent with the following desired outcomes of:
(a) Minority and diversity initiatives that encourage the
participation of minorities in higher education, including students with disabilities;
(b) K-12 teacher preparation models that encourage
collaboration between higher education and K-12 to improve
the preparedness of teachers, including provisions for higher
education faculty involved with teacher preparation to spend
time teaching in K-12 schools;
(c) Collaborative instructional programs involving K-12,
community and technical colleges, and four-year institutions
of higher education to develop a three-year degree program,
or reduce the time to degree;
(d) Contracts with public or private institutions or
businesses to provide services or the development of
collaborative programs;
[Title 28B RCW—page 218]
(e) Articulation and transfer activities to smooth the
transfer of students from K-12 to higher education, or from
the community colleges and technical colleges to four-year
institutions;
(f) Projects that further the development of learnercentered, technology-assisted course delivery; and
(g) Projects that further the development of competencybased measurements of student achievement to be used as
the basis for awarding degrees and certificates;
(5) To solicit grant proposals and provide information
to the community and technical colleges and private career
schools; and
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients
of the grants awarded by the state board for community and
technical colleges. [1999 c 169 § 4.]
28B.120.030 Receipt of gifts, grants, and endowments. The higher education coordinating board and the
state board for community and technical colleges may solicit
and receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in
trust or otherwise, for the use and benefit of the purposes of
the program and may expend the same or any income
therefrom according to the terms of the gifts, grants, or
endowments. [1999 c 169 § 6; 1991 c 98 § 4.]
28B.120.040 Higher education coordinating board
fund for innovation and quality. The higher education
coordinating board fund for innovation and quality is hereby
established in the custody of the state treasurer. The higher
education coordinating board shall deposit in the fund all
moneys received under RCW 28B.120.030. Moneys in the
fund may be spent only for the purposes of RCW
28B.120.010 and 28B.120.020. Disbursements from the
fund shall be on the authorization of the higher education
coordinating board. The fund is subject to the allotment
procedure provided under chapter 43.88 RCW, but no
appropriation is required for disbursements. [1999 c 169 §
7; 1996 c 41 § 3; 1991 c 98 § 5.]
28B.120.050 Community and technical college fund
for innovation and quality. The community and technical
college fund for innovation and quality is hereby established
in the custody of the state treasurer. The state board for
community and technical colleges shall deposit in the fund
all moneys received under RCW 28B.120.030. Moneys in
the fund may be spent only for the purposes of RCW
28B.120.010 and 28B.120.025. Disbursements from the
fund shall be on the authorization of the state board for
community and technical colleges. The fund is subject to
the allotment procedure provided under chapter 43.88 RCW,
but no appropriation is required for disbursements. [1999 c
169 § 8.]
28B.120.900 Intent—1999 c 169. It is the intent of
the legislature to update and fund the higher education
competitive grant program established by the 1991 legislature, known as the Washington fund for innovation and
quality in higher education. Changes are needed so that the
goals and priorities set forth for awarding grants reflect the
(2002 Ed.)
Washington Fund for Innovation and Quality in Higher Education Program
1999-01 goals and priorities. The legislature also intends to
improve the administration of the program by separating
responsibilities between the higher education coordinating
board and the state board for community and technical
colleges. [1999 c 169 § 1.]
Chapter 28B.125
HEALTH PERSONNEL RESOURCES
Sections
28B.125.005
28B.125.010
28B.125.020
28B.125.030
28B.125.900
Intent.
Statewide health personnel resource plan—Committee.
Institutional plans—Implementation.
New training programs.
Application to scope of practice—Captions not law—1991
c 332.
28B.125.005 Intent. The legislature finds that certain
health care professional shortages exist and result in entire
communities or specific populations within communities not
having access to basic health care services.
The legislature further finds that the state currently does
not have a statewide comprehensive and systematic policy
for the purpose of identifying shortages and designing and
implementing activities to address shortages.
The legislature declares that the establishment of higher
educational programming and other activities necessary to
address health professional shortages should be a state policy
concern and that a means to accomplish this should be
established.
The legislature further declares that the development of
state policy on professional shortages should involve close
coordination and consultation between state government,
institutions of higher education that conduct health care
research and train health care professionals, health care
service providers, consumers, and others.
The legislature further declares that the health care
needs of the people of this state should be the primary factor
determining state policymaking designed to address health
professional shortages. [1991 c 332 § 4.]
28B.125.010 Statewide health personnel resource
plan—Committee. (1) The higher education coordinating
board, the state board for community and technical colleges,
the superintendent of public instruction, the state department
of health, the Washington health services commission, and
the state department of social and health services, to be
known for the purposes of this section as the committee,
shall establish a statewide health personnel resource plan.
The governor shall appoint a lead agency from one of the
agencies on the committee.
In preparing the statewide plan the committee shall
consult with the training and education institutions affected
by this chapter, health care providers, employers of health
care providers, insurers, consumers of health care, and other
appropriate entities.
Should a successor agency or agencies be authorized or
created by the legislature with planning, coordination, or
administrative authority over vocational-technical schools,
community colleges, or four-year higher education institutions, the governor shall grant membership on the committee
(2002 Ed.)
28B.120.900
to such agency or agencies and remove the member or
members it replaces.
The committee shall appoint subcommittees for the
purpose of assisting in the development of the institutional
plans required under this chapter. Such subcommittees shall
at least include those committee members that have statutory
responsibility for planning, coordination, or administration of
the training and education institutions for which the institutional plans are being developed. In preparing the institutional plans for four-year institutes of higher education, the
subcommittee shall be composed of at least the higher
education coordinating board and the state’s four-year higher
education institutions. The appointment of subcommittees to
develop portions of the statewide plan shall not relinquish
the committee’s responsibility for assuring overall coordination, integration, and consistency of the statewide plan.
In establishing and implementing the statewide health
personnel resource plan the committee shall, to the extent
possible, utilize existing data and information, personnel,
equipment, and facilities and shall minimize travel and take
such other steps necessary to reduce the administrative costs
associated with the preparation and implementation of the
plan.
(2) The statewide health resource plan shall include at
least the following:
(a)(i) Identification of the type, number, and location of
the health care professional work force necessary to meet
health care needs of the state.
(ii) A description and analysis of the composition and
numbers of the potential work force available for meeting
health care service needs of the population to be used for
recruitment purposes. This should include a description of
the data, methodology, and process used to make such
determinations.
(b) A centralized inventory of the numbers of student
applications to higher education and vocational-technical
training and education programs, yearly enrollments, yearly
degrees awarded, and numbers on waiting lists for all the
state’s publicly funded health care training and education
programs. The committee shall request similar information
for incorporation into the inventory from private higher
education and vocational-technical training and education
programs.
(c) A description of statewide and local specialized
provider training needs to meet the health care needs of
target populations and a plan to meet such needs in a costeffective and accessible manner.
(d) A description of how innovative, cost-effective
technologies such as telecommunications can and will be
used to provide higher education, vocational-technical,
continued competency, and skill maintenance and enhancement education and training to placebound students who
need flexible programs and who are unable to attend institutions for training.
(e) A strategy for assuring higher education and vocational-technical educational and training programming is
sensitive to the changing work force such as reentry workers,
women, minorities, and the disabled.
(f) Strategies to increase the number of persons of color
in the health professions. Such strategies shall incorporate,
to the extent possible, federal and state assistance programs
for health career development, including those for American
[Title 28B RCW—page 219]
28B.125.010
Title 28B RCW: Higher Education
Indians, economically disadvantaged persons, physically
challenged persons, and persons of color.
(g) A strategy and coordinated statewide policy developed by the subcommittees authorized in subsection (1) of
this section for increasing the number of graduates intending
to serve in shortage areas after graduation, including such
strategies as the establishment of preferential admissions and
designated enrollment slots.
(h) Guidelines and policies developed by the subcommittees authorized in subsection (1) of this section for
allowing academic credit for on-the-job experience such as
internships, volunteer experience, apprenticeships, and
community service programs.
(i) A strategy developed by the subcommittees authorized in subsection (1) of this section for making required
internships and residency programs available that are
geographically accessible and sufficiently diverse to meet
both general and specialized training needs as identified in
the plan when such programs are required.
(j) A description of the need for multiskilled health care
professionals and an implementation plan to restructure
educational and training programming to meet these needs.
(k) An analysis of the types and estimated numbers of
health care personnel that will need to be recruited from outof-state to meet the health professional needs not met by instate trained personnel.
(l) An analysis of the need for educational articulation
within the various health care disciplines and a plan for
addressing the need.
(m) An analysis of the training needs of those members
of the long-term care profession that are not regulated and
that have no formal training requirements. Programs to meet
these needs should be developed in a cost-effective and a
statewide accessible manner that provide for the basic
training needs of these individuals.
(n) A designation of the professions and geographic
locations in which loan repayment and scholarships should
be available based upon objective data-based forecasts of
health professional shortages. A description of the criteria
used to select professions and geographic locations shall be
included. Designations of professions and geographic
locations may be amended by the department of health when
circumstances warrant as provided for in RCW 28B.115.070.
(o) A description of needed changes in regulatory laws
governing the credentialing of health professionals.
(p) A description of linguistic and cultural training
needs of foreign-trained health care professionals to assure
safe and effective practice of their health care profession.
(q) A plan to implement the recommendations of the
statewide nursing plan authorized by *RCW 74.39.040.
(r) A description of criteria and standards that institutional plans provided for in this section must address in
order to meet the requirements of the statewide health
personnel resource plan, including funding requirements to
implement the plans. The committee shall also when
practical identify specific outcome measures to measure
progress in meeting the requirements of this plan. The criteria and standards shall be established in a manner as to
provide flexibility to the institutions in meeting statewide
plan requirements. The committee shall establish required
submission dates for the institutional plans that permit
[Title 28B RCW—page 220]
inclusion of funding requests into the institutions budget
requests to the state.
(s) A description of how the higher education coordinating board, state board for community and technical colleges,
superintendent of public instruction, department of health,
and department of social and health services coordinated in
the creation and implementation of the state plan including
the areas of responsibility each agency shall assume. The
plan should also include a description of the steps taken to
assure participation by the groups that are to be consulted
with.
(t) A description of the estimated fiscal requirements for
implementation of the statewide health resource plan that
include a description of cost saving activities that reduce
potential costs by avoiding administrative duplication,
coordinating programming activities, and other such actions
to control costs.
(3) The committee may call upon other agencies of the
state to provide available information to assist the committee
in meeting the responsibilities under this chapter. This
information shall be supplied as promptly as circumstances
permit.
(4) State agencies involved in the development and
implementation of the plan shall to the extent possible utilize
existing personnel and financial resources in the development
and implementation of the statewide health personnel
resource plan.
(5) Implementation of the statewide plan shall begin by
July 1, 1993.
(6) Each publicly funded two-year and four-year
institute of higher education authorized under Title 28B
RCW and vocational-technical institution authorized under
Title 28A RCW that offers health training and education
programs shall biennially prepare and submit an institutional
plan to the committee. The institutional plan shall identify
specific programming and activities of the institution that
meet the requirements of the statewide health professional
resource plan.
The committee shall review and assess whether the
institutional plans meet the requirements of the statewide
health personnel resource plan and shall prepare a report
with its determination. The report shall become part of the
institutional plan and shall be submitted to the governor and
the legislature.
The institutional plan shall be included with the
institution’s biennial budget submission. The institution’s
budget shall identify proposed spending to meet the requirements of the institutional plan. Each vocationaltechnical institution, college, or university shall be responsible for implementing its institutional plan. [1998 c 245 §
15; 1993 c 492 § 270; 1991 c 332 § 5.]
*Reviser’s note: RCW 74.39.040 was repealed by 1997 c 392 § 530.
Finding—1993 c 492: "The legislature finds that the successful
implementation of health care reform will depend on a sufficient supply of
primary health care providers throughout the state. Many rural and
medically underserved urban areas lack primary health care providers and
because of this, basic health care services are limited or unavailable to
populations living in these areas. The legislature has in recent years
initiated new programs to address these provider shortages but funding has
been insufficient and additional specific provider shortages remain." [1993
c 492 § 269.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
(2002 Ed.)
Health Personnel Resources
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
28B.125.020 Institutional plans—Implementation.
The institutional plans provided for in this chapter are to be
implemented by each institution consistent with the biennial
appropriation of the legislature. Whenever feasible, each
institution shall make a good faith effort to implement the
plan utilizing existing financial resources.
If there is a conflict between portions of the institutional
plans proposing changes in curriculum and the accreditation
standards of health training and education programs, the
institution may deviate from the plan. However, the institution shall provide to the committee established in this
chapter confirmation from the accrediting body indicating
that the proposed changes will jeopardize accreditation and
that the institution has made a good faith effort to obtain
approval for such changes. If the institution is unable to
obtain approval from the accrediting agency, it shall present
to the committee an alternative proposal with changes that
meet the objectives of the statewide and institutional plans
and has the approval of the accrediting agency.
Implementation of the institutional plans with respect to
changes in admission requirements or curriculum are subject
to the approval of the board of regents or the board of
trustees as specified in Title 28B RCW. If the board
believes that implementation of portions of the institutional
plan may not be consistent with standards and practices of
the institution, the board shall conduct a public hearing in
accordance with chapter 34.05 RCW. At such time, the
committee shall present an explanation of the need for such
changes. In addition, the institution shall present alternative
recommended changes to the institutional plan that meet the
requirements of this chapter for the statewide and institutional plans. After deliberation the board shall prepare a
summary of the proceedings together with recommendations
for modifications of the institutional plan. [1991 sp.s. c 27
§ 1.]
28B.125.030 New training programs. (1) The state
board for community and technical colleges, in coordination
with the committee under this chapter, shall identify health
professional training needs not currently met by community
and technical colleges in the state. It shall recommend
creation of new training programs necessary to meet the
shortages and identify where such programs shall be located
within the state’s community and technical college system.
(2) Every publicly funded community and technical
college identified by the board in subsection (1) of this
section shall include in their biennial budget, and institutional plan, a description of the training programs that will be
created by the college or institute to alleviate the shortages.
(3) Health personnel shortages shall be determined in
accordance with the health personnel resource plan required
by this chapter. [1993 c 323 § 5.]
28B.125.900 Application to scope of practice—
Captions not law—1991 c 332. See notes following RCW
18.130.010.
(2002 Ed.)
28B.125.010
Chapter 28B.130
TRANSPORTATION DEMAND
MANAGEMENT PROGRAMS
Sections
28B.130.005
28B.130.010
28B.130.020
28B.130.030
28B.130.040
Findings—Intent.
Definitions.
Transportation fee.
Use of transportation fees.
Adoption of guidelines for establishing and funding transportation demand management programs.
28B.130.005 Findings—Intent. Transportation
demand management strategies that reduce the number of
vehicles on Washington state’s highways, roads, and streets,
and provide attractive and effective alternatives to singleoccupancy travel, can improve ambient air quality, conserve
fossil fuels, and forestall the need for capital improvements
to the state’s transportation system. The legislature has
required many public and private employers in the state’s
largest counties to implement transportation demand management programs to reduce the number of single-occupant
vehicle travelers during the morning and evening rush hours,
and has provided substantial funding for the University of
Washington’s UPASS program, which has been immensely
successful in its first two years of implementation. The
legislature finds that additional transportation demand
management strategies are required to mitigate the adverse
social, environmental, and economic effects of auto dependency and traffic congestion. While expensive capital
improvements, including dedicated busways and commuter
rail systems, may be necessary to improve the region’s
mobility, they are only part of the solution. All public and
private entities that attract single-occupant vehicle drivers
must develop imaginative and cost-effective ways to encourage walking, bicycling, carpooling, vanpooling, bus riding,
and telecommuting. It is the intent of the legislature to
revise those portions of state law that inhibit the application
of imaginative solutions to the state’s transportation mobility
problems, and to encourage many more public and private
institutions of higher learning to adopt effective transportation demand management strategies.
The legislature finds further that many of the institutions
of higher education in the state’s largest counties are
responsible for significant numbers of single-occupant
vehicle trips to and from their campuses. These single-occupant vehicle trips are not only contributing to the degradation
of the state’s environment and deterioration of its transportation system, but are also usurping parking spaces from
surrounding residential communities because existing parking
facilities cannot accommodate students’ current demand.
Therefore, it is the intent of the legislature to permit these
institutions to develop and fund transportation demand
management programs that reduce single-occupant vehicle
travel and promote alternatives to single-occupant vehicle
driving. The legislature encourages institutions of higher
education to include faculty and staff in their transportation
demand management programs. [1993 c 447 § 1.]
28B.130.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 28B RCW—page 221]
28B.130.010
Title 28B RCW: Higher Education
(1) "Transportation fee" means the fee charged to
employees and students at institutions of higher education for
the purposes provided in RCW 28B.130.020.
(2) "Transportation demand management program"
means the set of strategies adopted by an institution of
higher education to reduce the number of single-occupant
vehicles traveling to its campus. These strategies may
include but are not limited to those identified in RCW
70.94.531. [1993 c 447 § 2.]
28B.130.020 Transportation fee. (1) The governing
board of an institution of higher education as defined in
RCW 28B.10.016 may impose either a voluntary or a
mandatory transportation fee on employees and on students
at the institution. The board of regents of Washington State
University may impose either a voluntary or a mandatory
transportation fee on faculty and staff working at the
Riverpoint higher education park and on students attending
classes there. The transportation fee shall be used solely to
fund transportation demand management programs that
reduce the demand for campus and neighborhood parking,
and promote alternatives to single-occupant vehicle driving.
If the board charges a mandatory transportation fee to
students, it shall charge a mandatory transportation fee to
employees. The transportation fee for employees may
exceed, but shall not be lower than the transportation fee
charged to students. The transportation fee for employees
may be deducted from the employees’ paychecks. The
transportation fee for students may be imposed annually, or
each academic term. For students attending community
colleges and technical colleges, the mandatory transportation
fee shall not exceed sixty percent of the maximum rate
permitted for services and activities fees at community
colleges, unless, through a vote, a majority of students
consent to increase the transportation fee. For students
attending four-year institutions of higher education or classes
at the Riverpoint higher education park, the mandatory
transportation fee shall not exceed thirty-five percent of the
maximum rate permitted for services and activities fees at
the institution where the student is enrolled unless, through
a vote, a majority of students consents to increase the
transportation fee. The board may make a limited number
of exceptions to the fee based on a policy adopted by the
board.
(2) The board of regents of Washington State University
shall not impose a transportation fee on any student who is
already paying a transportation fee to the institution of
higher education in which the student is enrolled. [1998 c
344 § 7; 1997 c 273 § 2; 1993 c 447 § 3.]
Intent—Findings—1998 c 344: See note following RCW
28B.38.010.
28B.130.030 Use of transportation fees. Transportation fees shall be spent only on activities directly related to
the institution of higher education’s transportation demand
management program. These may include, but are not
limited to the following activities: Transit, carpool, and
vanpool subsidies; ridesharing programs, and program
advertising for carpools, vanpools, and transit service;
guaranteed ride-home and telecommuting programs; and
bicycle storage facilities. Funds may be spent on capital or
[Title 28B RCW—page 222]
operating costs incurred in the implementation of any of
these strategies, and may be also used to contract with local
or regional transit agencies for transportation services.
Funds may be used for existing programs if they are incorporated into the campus transportation demand management
program. [1993 c 447 § 4.]
28B.130.040 Adoption of guidelines for establishing
and funding transportation demand management programs. The board of trustees or board of regents of each
institution of higher education imposing a transportation fee
shall adopt guidelines governing the establishment and
funding of transportation demand management programs
supported by transportation fees. These guidelines shall
establish procedures for budgeting and expending transportation fee revenue. [1993 c 447 § 5.]
Chapter 28B.135
CHILD CARE FOR HIGHER
EDUCATION STUDENTS
Sections
28B.135.010 Washington accounts for student child care in higher education—Program established.
28B.135.020 Grants—Eligibility—Grant period.
28B.135.030 Program administration—Duties of higher education coordinating board—Duties of state board for community
and technical colleges.
28B.135.040 Accounts created.
28B.135.010 Washington accounts for student child
care in higher education—Program established. Two
Washington accounts for student child care in higher
education are established. The higher education coordinating
board and the state board for community and technical
colleges shall administer the programs. Through these
programs the boards may award on a competitive basis child
care grants to state institutions of higher education to
encourage programs to address the need for high quality,
accessible, and affordable child care for students at higher
education institutions. The university or college administration and student government association, or its equivalent, of
each institution receiving the award shall contribute financial
support in an amount equal to the child care grant received
by the institution. [1999 c 375 § 1.]
28B.135.020 Grants—Eligibility—Grant period.
The institution of higher education shall be eligible to
receive the grant for a period not exceeding two years.
After the expiration of any two-year grant, the institution
may reapply to receive subsequent grant awards or a
continuation of the grant awarded the prior two years. [1999
c 375 § 2.]
28B.135.030 Program administration—Duties of
higher education coordinating board—Duties of state
board for community and technical colleges. The higher
education coordinating board shall administer the program
for four-year institutions of higher education. The state
board for community and technical colleges shall administer
the program for community and technical colleges. The
(2002 Ed.)
Child Care for Higher Education Students
higher education coordinating board and the state board for
community and technical colleges shall have the following
powers and duties in administering each program:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review
committee shall include but not be limited to individuals
from the Washington association for the education of young
children, the child care coordinating committee, and the child
care resource and referral network;
(3) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program. During the 1999-2001 biennium the
guidelines shall be consistent with the following desired
outcomes of increasing access to child care for students,
addressing the demand for infant and toddler care, providing
affordable child care alternatives, creating more cooperative
preschool programs, creating models that can be replicated
at other institutions, creating a partnership between university
or college administrations and student government, or its
equivalent and increasing efficiency and innovation at
campus child care centers;
(4) To establish guidelines for an allocation system
based on factors that include but are not limited to: The
amount of money available in the trust fund; characteristics
of the institutions including the size of the faculty and
student body; and the number of child care grants received;
(5) To solicit grant proposals and provide information
to the institutions of higher education about the program; and
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients
of the grants. [1999 c 375 § 3.]
28B.135.040 Accounts created. Two accounts for
student child care in higher education are established in the
custody of the state treasurer. Moneys in the accounts may
be spent only for the purposes of RCW 28B.135.010.
Disbursements from one of the accounts shall be on the
authorization of the higher education coordinating board and
disbursements from the other account shall be on the
authorization of the state board for community and technical
colleges. The accounts are subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is
required for disbursements. [1999 c 375 § 4.]
Chapter 28B.140
FINANCING RESEARCH FACILITIES AT
RESEARCH UNIVERSITIES
Sections
28B.140.005 Policy.
28B.140.010 Scope of authority.
28B.140.020 Financial responsibility of university—No state general
fund obligation.
28B.140.030 Authority of chapter—Supplemental.
28B.140.900 Reports to the legislature.
28B.140.005 Policy. It is the policy of the state to
encourage basic and applied scientific research by the state’s
research universities. The creation of knowledge is a core
mission of the state’s research universities, and research
(2002 Ed.)
28B.135.030
provides teaching and learning opportunities for students and
faculty. State of the art facilities for research by research
universities serve to attract the most capable students and
faculty to the state and research grants from public and
private institutions throughout the world. The application of
such research stimulates investment and employment within
Washington and the strengthening of our tax base. In order
to finance research facilities, the state’s research universities
often use federal, state, private, and university resources and
therefore require the authority to enter into financing
arrangements that leverage funding sources and reduce the
costs of such complex facilities to the state. [2002 c 151 §
1.]
28B.140.010 Scope of authority. The University of
Washington and Washington State University each may:
(1) Acquire, construct, rehabilitate, equip, and operate
facilities and equipment to promote basic and applied
research in the sciences;
(2) Borrow money for such research purposes, including
interest during construction and other incidental costs, issue
revenue bonds or other evidences of indebtedness, refinance
the same before or at maturity, and provide for the amortization of such indebtedness by pledging all or a component of
the fees and revenues of the university available for such
purpose derived from the ownership and operation of any of
its facilities or conducting research that are not subject to
appropriation by the legislature and that do not constitute
general state revenues as defined in Article VIII, section 1
of the state Constitution;
(3) Enter into leases, with or without an option to
purchase, of real and personal property to be used in basic
and applied research in the sciences; and
(4) Lease all or a portion of such facilities and equipment as is deemed prudent by the university to provide for
research conducted by persons or entities that are not part of
the university but that provide rental income to support
university research facilities or provide opportunities for the
interaction of public and private research and research
personnel, including students and faculty. [2002 c 151 § 2.]
28B.140.020 Financial responsibility of university—
No state general fund obligation. The governing body of
a university financing facilities and equipment under this
chapter shall give due regard to the costs of maintaining and
operating such facilities and equipment during the useful
lives of the facilities and equipment. No state appropriated
funds may be used for (1) the payment of maintenance and
operation of the facilities and equipment financed under this
chapter; or (2) the grant or contract-supported research
activities housed in these facilities. If funding through grants
or contracts for research activities housed in these facilities
is reduced, eliminated, or declared insufficient, the funding
deficiencies are not a state obligation to be paid from the
state general fund. [2002 c 151 § 3.]
28B.140.030 Authority of chapter—Supplemental.
The authority granted by this chapter is supplemental to any
existing or future authority granted to the University of
Washington and Washington State University and shall not
[Title 28B RCW—page 223]
28B.140.030
Title 28B RCW: Higher Education
be construed to limit the existing or future authority of these
universities. [2002 c 151 § 4.]
28B.140.900 Reports to the legislature. Before
January 31st of each year, the University of Washington and
Washington State University must report to the ways and
means committee of the senate and the capital budget
committee of the house of representatives on the financing
arrangements entered into under the authority of this chapter.
[2002 c 151 § 7.]
Chapter 28B.900
CONSTRUCTION
Sections
28B.900.010
28B.900.020
28B.900.030
28B.900.040
28B.900.050
28B.900.060
28B.900.070
28B.900.080
Repeals and savings—1969 ex.s. c 223.
Moneys transferred.
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
This code defined.
Effective date—1969 ex.s. c 223.
28B.900.010 Repeals and savings—1969 ex.s. c 223.
See 1969 ex.s. c 223 § 28B.98.010. Formerly RCW
28B.98.010.
28B.900.020 Moneys transferred. All moneys in the
Southwestern Washington State College bond retirement
fund and the Southwestern Washington State College capital
projects account are hereby transferred to The Evergreen
State College bond retirement fund and The Evergreen State
College capital projects account respectively, which latter
fund and account are created in RCW 28B.35.370. [1969
ex.s. c 223 § 28B.98.020. Formerly RCW 28B.98.020.]
be construed in pari materia even though as a matter of prior
legislative history they were not originally enacted in the
same statute. The provisions of this title shall also be
construed in pari materia with the provisions of Title 28A
RCW, and with other laws relating to education. This section shall not operate retroactively. [1969 ex.s. c 223 §
28B.98.040. Formerly RCW 28B.98.040.]
28B.900.050 Title, chapter, section headings not
part of law. Title headings, chapter headings, and section
or subsection headings, as used in this title, Title 28B RCW,
do not constitute any part of the law. [1969 ex.s. c 223 §
28B.98.050. Formerly RCW 28B.98.050.]
28B.900.060 Invalidity of part of title not to affect
remainder. If any provision of this title, Title 28B RCW,
or its application to any person or circumstance is held
invalid, the remainder of the title, or the application of the
provision to other persons or circumstances is not affected.
[1969 ex.s. c 223 § 28B.98.060. Formerly RCW
28B.98.060.]
28B.900.070 This code defined. As used in this title,
Title 28B RCW, "this code" means Titles 28A and 28B of
this 1969 act. [1969 ex.s. c 223 § 28B.98.070. Formerly
RCW 28B.98.070.]
28B.900.080 Effective date—1969 ex.s. c 223. This
act shall take effect on July 1, 1970. [1969 ex.s. c 223 §
28B.98.080. Formerly RCW 28B.98.080.]
28B.900.030 Continuation of existing law. The
provisions of this title, Title 28B RCW, insofar as they are
substantially the same as statutory provisions repealed by
this chapter, and relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments. Nothing in this 1969 code revision of Title 28
RCW shall be construed as authorizing any new bond issues
or new or additional appropriations of moneys but the bond
issue authorizations herein contained shall be construed only
as continuations of bond issues authorized by prior laws
herein repealed and reenacted, and the appropriations of
moneys herein contained are continued herein for historical
purposes only and this 1969 act shall not be construed as a
reappropriation thereof and no appropriation contained herein
shall be deemed to be extended or revived hereby and such
appropriation shall lapse or shall have lapsed in accordance
with the original enactment: PROVIDED, That this 1969 act
shall not operate to terminate, extend, or otherwise affect any
appropriation for the biennium commencing July 1, 1967 and
ending June 30, 1969. [1969 ex.s. c 223 § 28B.98.030.
Formerly RCW 28B.98.030.]
28B.900.040 Provisions to be construed in pari
materia. The provisions of this title, Title 28B RCW, shall
[Title 28B RCW—page 224]
(2002 Ed.)
Title 28C
VOCATIONAL EDUCATION
Chapters
28C.04
28C.10
28C.18
28C.22
Vocational education.
Private vocational schools.
Work force training and education.
Skill centers.
Displaced homemaker act: Chapter 28B.04 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
Chapter 28C.04
VOCATIONAL EDUCATION
Sections
28C.04.100
Career and technical education—Plans—Standards—
Technical assistance—Leadership development.
28C.04.390
Worker retraining program funds—Work force training
customer advisory committee.
28C.04.400
Job skills program—Legislative declaration and policy.
28C.04.410
Job skills program—Definitions.
28C.04.420
Job skills program—Grants—Reports.
28C.04.520
Washington award for vocational excellence—Intent.
28C.04.525
Washington award for vocational excellence—
Establishment—Purposes.
28C.04.530
Washington award for vocational excellence—Board’s
duties.
28C.04.535
Washington award for vocational excellence—Granted
annually—Notice—Presentation.
28C.04.540
Washington award for vocational excellence—
Contributions.
28C.04.545
Washington award for vocational excellence—Fee
waivers—Grants.
28C.04.550
Washington award for vocational excellence—When
effective.
28C.04.600
AIDS information—Vocational schools.
AIDS information: Chapter 70.24 RCW.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
28C.04.100 Career and technical education—
Plans—Standards—Technical assistance—Leadership
development. (1) To ensure high quality career and
technical programs, the office of the superintendent of public
instruction shall review and approve the plans of local
districts for the delivery of career and technical education.
Standards for career and technical programs shall be established by the office of the superintendent of public instruction. These standards should:
(a) Demonstrate how career and technical education
programs will ensure academic rigor; align with the state’s
education reform requirements; help address the skills gap of
Washington’s economy; and maintain strong relationships
with local career and technical education advisory councils
for the design and delivery of career and technical education;
and
(2002 Ed.)
(b) Demonstrate a strategy to align the five-year
planning requirement under the federal Carl Perkins act with
the state and district vocational program planning requirements that include:
(i) An assessment of equipment and technology needs
to support the skills training of technical students;
(ii) An assessment of industry internships required for
teachers to ensure the ability to prepare students for industrydefined standards or certifications, or both;
(iii) An assessment of the costs of supporting job
shadows, mentors, community service and industry internships, and other activities for student learning in the community; and
(iv) A description of the leadership activities to be
provided for technical education students.
(2) To ensure high quality career education programs
and services in secondary schools, the office of the superintendent of public instruction may provide technical assistance
to local districts and develop state guidelines for the delivery
of career guidance in secondary schools.
(3) To ensure leadership development, the staff of the
office of the superintendent of public instruction may serve
as the state advisors to Washington state FFA, Washington
future business leaders of America, Washington DECA,
Washington SkillsUSA-VICA, Washington family, career
and community leaders, and Washington technology students
association, and any additional career or technical student
organizations that are formed. Working with the directors or
executive secretaries of these organizations, the office of the
superintendent of public instruction may develop tools for
the coordination of leadership activities with the curriculum
of technical education programs.
(4) As used in this section, "career and technical
education" means a planned program of courses and learning
experiences that begins with exploration of career options;
supports basic academic and life skills; and enables
achievement of high academic standards, leadership, options
for high skill, high wage employment preparation, and
advanced and continuing education. [2001 c 336 § 2.]
28C.04.390 Worker retraining program funds—
Work force training customer advisory committee. (1)
The college board worker retraining program funds shall be
used for training programs and related support services,
including financial aid, counseling, referral to training
resources, job referral, and job development that:
(a) Are consistent with the unified plan for work force
development;
(b) Provide increased enrollments for dislocated workers;
(c) Provide customized training opportunities for
dislocated workers; and
[Title 28C RCW—page 1]
28C.04.390
Title 28C RCW: Vocational Education
(d) Provide increased enrollments and support services,
including financial aid for those students not receiving
unemployment insurance benefits, that do not replace or
supplant any existing enrollments, programs, support
services, or funding sources.
(2) The college board shall develop a plan for use of the
worker retraining program funds in conjunction with the
work force training customer advisory committee established
in subsection (3) of this section. In developing the plan the
college board shall:
(a) Provide that applicants for worker retraining program
funds shall solicit financial support for training programs and
give priority in receipt of funds to those applicants which are
most successful in matching public dollars with financial
support;
(b) Provide that applicants for worker retraining program funds shall develop training programs in partnership
with local businesses, industry associations, labor, and other
partners as appropriate and give priority in receipt of funds
to those applicants who develop customized training programs in partnership with local businesses, industry associations, and labor organizations;
(c) Give priority in receipt of funds to those applicants
serving rural areas;
(d) Ensure that applicants receiving worker retraining
program funds gather information from local work force
development councils on employer work force needs, including the needs of businesses with less than twenty-five
employees; and
(e) Provide for specialized vocational training at a
private career school or college at the request of a recipient
eligible under subsection (1)(b) of this section. Available
tuition for the training is limited to the amount that would
otherwise be payable per enrolled quarter to a public institution.
(3) The executive director of the college board shall
appoint a work force training customer advisory committee
by July 1, 1999, to:
(a) Assist in the development of the plan for the use of
the college board worker retraining program funds and
recommend guidelines to the college board for the operation
of worker retraining programs;
(b) Recommend selection criteria for worker retraining
programs and grant applicants for receipt of worker retraining program grants;
(c) Provide advice to the college board on other work
force development activities of the community and technical
colleges;
(d) Recommend selection criteria for job skills grants,
consistent with criteria established in this chapter and chapter
121, Laws of 1999. Such criteria shall include a prioritization of job skills applicants in rural areas;
(e) Recommend guidelines to the college board for the
operation of the job skills program; and
(f) Recommend grant applicants for receipt of job skills
program grants.
(4) Members of the work force training customer
advisory committee shall consist of three college system
representatives selected by the executive director of the college board, three representatives of business selected from
nominations provided by statewide business organizations,
and three representatives of labor selected from nominations
[Title 28C RCW—page 2]
provided by a statewide labor organization representing a
cross-section of workers in the state. [1999 c 121 § 1.]
28C.04.400 Job skills program—Legislative declaration and policy. The legislature declares that it is an
important function of government to increase opportunities
for gainful employment, to assist in promoting a productive
and expanding economy, and to encourage the flow of
business and industry support to educational institutions.
Therefore, the legislature finds that it is in the public interest
of the state to encourage and facilitate the formation of
cooperative relationships between business and industry and
educational institutions which provide for the development
and significant expansion of programs of skills training and
education consistent with employment needs and to make
interested individuals aware of the employment opportunities
presented thereby. It is the policy of the state of Washington to ensure that programs of skill training are available on
a regional basis and are utilized by a variety of businesses
and industries. [1983 1st ex.s. c 21 § 1.]
Severability—1983 1st ex.s. c 21: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 21 § 12.]
28C.04.410 Job skills program—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 28C.04.390 and 28C.04.420.
(1) "Applicant" means an educational institution which
has made application for a job skills grant under RCW
28C.04.390 and 28C.04.420.
(2) "Business and industry" means a private corporation,
institution, firm, person, group, or association concerned with
commerce, trades, manufacturing, or the provision of
services within the state, or a public or nonprofit hospital
licensed by the department of social and health services.
(3) "Dislocated worker" means an individual who meets
the definition of dislocated worker contained in P.L. 105220, Sec. 101 on July 25, 1999.
(4) "Educational institution" means a public secondary
or postsecondary institution, an independent institution, or a
private career school or college within the state authorized
by law to provide a program of skills training or education
beyond the secondary school level. Any educational
institution receiving a job skills grant under RCW
28C.04.420 through *28C.04.480 shall be free of sectarian
control or influence as set forth in Article IX, section 4 of
the state Constitution.
(5) "Equipment" means tangible personal property which
will further the objectives of the supported program and for
which a definite value and evidence in support of the value
have been provided by the donor.
(6) "Financial support" means any thing of value which
is contributed by business, industry, and others to an
educational institution which is reasonably calculated to
support directly the development and expansion of a particular program under RCW 28C.04.390 and 28C.04.420 and
represents an addition to any financial support previously or
customarily provided to such educational institutions by the
donor. "Financial support" includes, but is not limited to,
funds, equipment, facilities, faculty, and scholarships for
matriculating students and trainees.
(2002 Ed.)
Vocational Education
(7) "Job skills grant" means funding that is provided to
an educational institution by the commission for the development or significant expansion of a program under RCW
28C.04.390 and 28C.04.420.
(8) "Job skills program" means a program of skills
training or education separate from and in addition to
existing vocational education programs and which:
(a) Provides short-term training which has been designated for specific industries;
(b) Provides training for prospective employees before
a new plant opens or when existing industry expands;
(c) Includes training and retraining for workers already
employed by an existing industry or business where necessary to avoid dislocation or where upgrading of existing
employees would create new vacancies for unemployed
persons;
(d) Serves areas with high concentrations of economically disadvantaged persons and high unemployment;
(e) Serves areas with new and growing industries;
(f) Serves areas where there is a shortage of skilled
labor to meet job demands; or
(g) Promotes the location of new industry in areas
affected by economic dislocation.
(9) "Technical assistance" means professional and any
other assistance provided by business and industry to an
educational institution, which is reasonably calculated to
support directly the development and expansion of a particular program and which represents an addition to any technical assistance previously or customarily provided to the
educational institutions by the donor.
(10) "College board" means the state board for community and technical colleges under chapter 28B.50 RCW.
[1999 c 121 § 2; 1983 1st ex.s. c 21 § 2.]
*Reviser’s note: RCW 28C.04.480 was repealed by 1999 c 121 § 4.
Severability—1983 1st ex.s. c 21: See note following RCW
28C.04.400.
28C.04.420 Job skills program—Grants—Reports.
The college board may, subject to appropriation from the
legislature or from funds made available from any other public or private source and pursuant to rules adopted by the
college board with the advice of the work force training
customer advisory committee established in RCW
28C.04.390, provide job skills grants to educational institutions. The job skills grants shall be used exclusively for
programs which are consistent with the job skills program.
The college board shall work in collaboration with the work
force training customer advisory committee established in
RCW 28C.04.390 to assure that:
(1) The program is within the scope of the job skills
program under this chapter and may reasonably be expected
to succeed and thereby increase employment within the state;
(2) Provision has been made to use any available
alternative funding from local, state, and federal sources;
(3) The job skills grant will only be used to cover the
costs associated with the program;
(4) The program will not unnecessarily duplicate
existing programs and could not be provided by another
educational institution more effectively or efficiently;
(5) The program involves an area of skills training and
education for which there is a demonstrable need;
(2002 Ed.)
28C.04.410
(6) The applicant has made provisions for the use of
existing federal and state resources for student financial
assistance;
(7) The job skills grant is essential to the success of the
program as the resources of the applicant are inadequate to
attract the technical assistance and financial support necessary for the program from business and industry;
(8) The program represents a collaborative partnership
between business, industry, labor, educational institutions,
and other partners, as appropriate;
(9) The commitment of financial support from business
and industry shall be equal to or greater than the amount of
the requested job skills grant;
(10) Binding commitments have been made to the
commission by the applicant for adequate reporting of
information and data regarding the program to the commission, particularly information concerning the recruitment and
employment of trainees and students, and including a
requirement for an annual or other periodic audit of the
books of the applicant directly related to the program, and
for such control on the part of the commission as it considers prudent over the management of the program, so as to
protect the use of public funds, including, in the discretion
of the commission and without limitation, right of access to
financial and other records of the applicant directly related
to the programs; and
(11) A provision has been made by the applicant to
work, in cooperation with the employment security department, to identify and screen potential trainees, and that
provision has been made by the applicant for the participation as trainees of low-income persons including temporary
assistance for needy families recipients, dislocated workers,
and persons from minority and economically disadvantaged
groups to participate in the program.
Beginning October 1, 1999, and every two years
thereafter, the college board shall provide the legislature and
the governor with a report describing the activities and
outcomes of the state job skills program. [1999 c 121 § 3;
1983 1st ex.s. c 21 § 4.]
Severability—1983 1st ex.s. c 21: See note following RCW
28C.04.400.
28C.04.520 Washington award for vocational
excellence—Intent. Every year community colleges,
technical colleges, and high schools graduate students who
have distinguished themselves by their outstanding performance in their occupational training programs. The legislature intends to recognize and honor these students by
establishing a Washington award for vocational excellence.
[1995 1st sp.s. c 7 § 1; 1984 c 267 § 1.]
Severability—1995 1st sp.s. c 7: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 7 § 9.]
28C.04.525 Washington award for vocational
excellence—Establishment—Purposes. The Washington
award for vocational excellence program is established. The
purposes of this annual program are to:
(1) Maximize public awareness of the achievements,
leadership ability, and community contributions of the
[Title 28C RCW—page 3]
28C.04.525
Title 28C RCW: Vocational Education
students enrolled in occupational training programs in high
schools, community colleges, and technical colleges;
(2) Emphasize the dignity of work in our society;
(3) Instill respect for those who become skilled in crafts
and technology;
(4) Recognize the value of vocational education and its
contribution to the economy of this state;
(5) Foster business, labor, and community involvement
in vocational-technical training programs and in this award
program; and
(6) Recognize the outstanding achievements of up to
three vocational or technical students, at least two of whom
should be graduating high school students, in each legislative
district. Students who have completed at least one year of
a vocational-technical program in a community college or
public technical college may also be recognized. [1995 1st
sp.s. c 7 § 2; 1987 c 231 § 3; 1984 c 267 § 2.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
Effective date—1987 c 231 § 3: "Section 3 of this act shall take
effect January 1, 1988." [1987 c 231 § 6.]
28C.04.530 Washington award for vocational
excellence—Board’s duties. (1) The work force training
and education coordinating board shall have the responsibility for the development and administration of the Washington
award for vocational excellence program. The work force
training and education coordinating board shall develop the
program in consultation with other state agencies and private
organizations having interest and responsibility in vocational
education, including but not limited to: The state board for
community and technical colleges, the office of the superintendent of public instruction, a voluntary professional
association of vocational educators, and representatives from
business, labor, and industry.
(2) The work force training and education coordinating
board shall establish a planning committee to develop the
criteria for screening and selecting the students who will
receive the award. This criteria shall include but not be
limited to the following characteristics: Proficiency in their
chosen fields, attendance, attitude, character, leadership, and
civic contributions. [1995 1st sp.s. c 7 § 3; 1987 c 231 § 2;
1984 c 267 § 3.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.535 Washington award for vocational
excellence—Granted annually—Notice—Presentation.
The Washington award for vocational excellence shall be
granted annually. The work force training and education
coordinating board shall notify the students receiving the
award, their vocational instructors, local chambers of
commerce, the legislators of their respective districts, and the
governor, after final selections have been made. The work
force training and education coordinating board, in conjunction with the governor’s office, shall prepare appropriate
certificates to be presented to the selected students. Awards
shall be presented in public ceremonies at times and places
determined by the work force training and education coordinating board in cooperation with the office of the governor.
[1995 1st sp.s. c 7 § 4; 1984 c 267 § 4.]
[Title 28C RCW—page 4]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.540 Washington award for vocational
excellence—Contributions. The work force training and
education coordinating board may accept any and all donations, grants, bequests, and devices, conditional or otherwise,
or money, property, service, or other things of value which
may be received from any federal, state, or local agency, any
institution, person, firm, or corporation, public and private,
to be held, used, or applied for the purposes of the Washington award for vocational excellence program. The work
force training and education coordinating board shall
encourage maximum participation from business, labor, and
community groups. The work force training and education
coordinating board shall also coordinate, where feasible, the
contribution activities of the various participants.
The work force training and education coordinating
board shall not make expenditures from funds collected
under this section until February 15, 1985. [1995 1st sp.s.
c 7 § 5; 1984 c 267 § 5.]
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.545 Washington award for vocational
excellence—Fee waivers—Grants. (1) The respective
governing boards of the public technical colleges shall
provide fee waivers for a maximum of two years for those
recipients of the Washington award for vocational excellence
established under RCW 28C.04.520 through 28C.04.540 who
received the award before June 30, 1994. To qualify for the
waiver, recipients shall enter the public technical college
within three years of receiving the award. An above average
rating at the technical college in the first year shall be
required to qualify for the second-year waiver.
(2) Students named by the work force training and
education coordinating board after June 30, 1994, as recipients of the Washington award for vocational excellence
under RCW 28C.04.520 through 28C.04.550 shall be eligible
to receive a grant for undergraduate course work as authorized under RCW 28B.80.272.
(3)(a) Beginning with awards made during the 1998-99
academic year, recipients must complete using the award
before the fall term in the sixth year following the date of
the award. For these recipients, eligibility for the award is
forfeited after this period.
(b) All persons awarded a Washington award for
vocational excellence before the 1995-96 academic year and
who have remaining eligibility on April 19, 1999, must
complete using the award before September 2002. For these
recipients, eligibility for the award is forfeited after this
period.
(c) All persons awarded a Washington award for
vocational excellence during the 1995-96, 1996-97, and
1997-98 academic years must complete using the award before September 2005. For these recipients, eligibility for the
award is forfeited after this period. [1999 c 28 § 1; 1995 1st
sp.s. c 7 § 6; 1987 c 231 § 4; 1984 c 267 § 7.]
Effective date—1999 c 28: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 1999]." [1999 c 28 § 2.]
(2002 Ed.)
Vocational Education
Severability—1995 1st sp.s. c 7: See note following RCW
28C.04.520.
28C.04.550 Washington award for vocational
excellence—When effective. The Washington award for
vocational excellence shall be effective commencing with the
1984-85 academic year. [1987 c 505 § 16; 1984 c 267 § 8.]
28C.04.600 AIDS information—Vocational schools.
Each publicly operated vocational school shall make information available to all newly matriculated students on
methods of transmission of the human immunodeficiency
virus and prevention of acquired immunodeficiency syndrome. The curricula and materials shall be reviewed for
medical accuracy by the office on AIDS in coordination with
the appropriate regional AIDS service network. [1988 c 206
§ 503.]
Severability—1988 c 206: See RCW 70.24.900.
Chapter 28C.10
PRIVATE VOCATIONAL SCHOOLS
Sections
28C.10.010
28C.10.020
28C.10.030
28C.10.040
28C.10.050
28C.10.060
28C.10.070
28C.10.082
28C.10.084
28C.10.090
28C.10.100
28C.10.110
28C.10.120
28C.10.130
28C.10.140
28C.10.150
28C.10.160
28C.10.170
28C.10.180
28C.10.190
28C.10.200
28C.10.210
28C.10.220
28C.10.900
28C.10.902
Intent.
Definitions.
Application of chapter.
Agency’s duties—Rules—Investigations—Interagency
agreements about degree and nondegree programs.
Minimum standards—Denial, revocation, or suspension
of licenses.
Licenses—Requirements—Renewal.
Fees.
Tuition recovery fund—Created—State treasurer custodian.
Tuition recovery trust fund—Deposits—Operation—
Claims.
Actions prohibited without license.
Suspension or modification of requirements of chapter.
Unfair business practices.
Complaints—Investigations—Hearings—Remedies.
Violations—Civil penalties.
Violations—Criminal sanctions.
Actions resulting in jurisdiction of courts.
Educational records—Permanent file—Protection.
Contracts voidable—When.
Enforceability of debts—Authority to offer degree
required.
Actions to enforce chapter—Who may bring—Relief.
Injunctive relief—Agency may seek.
Violation of chapter unfair or deceptive practice under
RCW 19.86.020.
Remedies and penalties in chapter nonexclusive and
cumulative.
Severability—1986 c 299.
Effective date—1986 c 299.
28C.10.010 Intent. It is the intent of this chapter to
protect against practices by private vocational schools which
are false, deceptive, misleading, or unfair, and to help ensure
adequate educational quality at private vocational schools.
[1986 c 299 § 1.]
28C.10.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(2002 Ed.)
28C.04.545
(1) "Agency" means the work force training and
education coordinating board.
(2) "Agent" means a person owning an interest in,
employed by, or representing for remuneration a private
vocational school within or without this state, who enrolls or
personally attempts to secure the enrollment in a private
vocational school of a resident of this state, offers to award
educational credentials for remuneration on behalf of a
private vocational school, or holds himself or herself out to
residents of this state as representing a private vocational
school for any of these purposes.
(3) "Degree" means any designation, appellation, letters,
or words including but not limited to "associate," "bachelor,"
"master," "doctor," or "fellow" which signify or purport to
signify satisfactory completion of an academic program of
study beyond the secondary school level.
(4) "Education" includes but is not limited to, any class,
course, or program of training, instruction, or study.
(5) "Educational credentials" means degrees, diplomas,
certificates, transcripts, reports, documents, or letters of
designation, marks, appellations, series of letters, numbers,
or words which signify or appear to signify enrollment,
attendance, progress, or satisfactory completion of the
requirements or prerequisites for any educational program.
(6) "Entity" includes, but is not limited to, a person,
company, firm, society, association, partnership, corporation,
or trust.
(7) "Private vocational school" means any location
where an entity is offering postsecondary education in any
form or manner for the purpose of instructing, training, or
preparing persons for any vocation or profession.
(8) "To grant" includes to award, issue, sell, confer,
bestow, or give.
(9) "To offer" includes, in addition to its usual meanings, to advertise or publicize. "To offer" also means to
solicit or encourage any person, directly or indirectly, to
perform the act described.
(10) "To operate" means to establish, keep, or maintain
any facility or location where, from, or through which
education is offered or educational credentials are offered or
granted to residents of this state, and includes contracting for
the performance of any such act. [1993 c 445 § 1; 1991 c
238 § 81; 1990 c 188 § 5; 1986 c 299 § 2.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1990 c 188: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 188 § 14.]
28C.10.030 Application of chapter. This chapter
does not apply to:
(1) Bona fide trade, business, professional, or fraternal
organizations sponsoring educational programs primarily for
that organization’s membership or offered by that organization on a no-fee basis;
(2) Entities offering education that is exclusively
avocational or recreational;
(3) Education not requiring payment of money or other
consideration if this education is not advertised or promoted
as leading toward educational credentials;
[Title 28C RCW—page 5]
28C.10.030
Title 28C RCW: Vocational Education
(4) Entities that are established, operated, and governed
by this state or its political subdivisions under Title 28A,
28B, or 28C RCW;
(5) Degree-granting programs in compliance with the
rules of the higher education coordinating board;
(6) Any other entity to the extent that it has been
exempted from some or all of the provisions of this chapter
under RCW 28C.10.100;
(7) Entities not otherwise exempt that are of a religious
character, but only as to those educational programs exclusively devoted to religious or theological objectives and
represented accurately in institutional catalogs or other
official publications;
(8) Entities offering only courses certified by the federal
aviation administration;
(9) Barber and cosmetology schools licensed under
chapter 18.16 RCW;
(10) Entities which only offer courses approved to meet
the continuing education requirements for licensure under
chapter 18.04, 18.79, or 48.17 RCW; and
(11) Entities not otherwise exempt offering only
workshops or seminars lasting no longer than three calendar
days. [1994 sp.s. c 9 § 723; 1990 c 188 § 6; 1986 c 299 §
3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.040
Agency’s duties—Rules—
Investigations—Interagency agreements about degree and
nondegree programs. The agency:
(1) Shall maintain a list of private vocational schools
licensed under this chapter;
(2) Shall adopt rules in accordance with chapter 34.05
RCW to carry out this chapter;
(3) May investigate any entity the agency reasonably
believes to be subject to the jurisdiction of this chapter. In
connection with the investigation, the agency may administer
oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any
books, papers, correspondence, memorandums, or other
records which the agency deems relevant or material to the
investigation. The agency, including its staff and any other
authorized persons, may conduct site inspections and
examine records of all schools subject to this chapter;
(4) Shall develop an interagency agreement with the
higher education coordinating board to regulate degreegranting private vocational schools with respect to degree
and nondegree programs. [1994 c 38 § 5; 1986 c 299 § 4.]
28C.10.050 Minimum standards—Denial, revocation, or suspension of licenses. (1) The agency shall adopt
by rule minimum standards for entities operating private
vocational schools. The minimum standards shall include,
but not be limited to, requirements for each school to:
(a) Disclose to the agency information about its ownership and financial position and to demonstrate that it has
sufficient financial resources to fulfill its commitments to
students. Financial disclosures provided to the agency shall
not be subject to public disclosure under chapter 42.17
RCW;
[Title 28C RCW—page 6]
(b) Follow a uniform statewide cancellation and refund
policy as specified by the agency;
(c) Disclose through use of a school catalog, brochure,
or other written material, necessary information to students
so that students may make informed enrollment decisions.
The agency shall specify what information is required;
(d) Use an enrollment contract or agreement that
includes: (i) The cancellation and refund policy, (ii) a brief
statement that the school is licensed under this chapter and
that inquiries may be made to the agency, and (iii) other
necessary information as determined by the agency;
(e) Describe accurately and completely in writing to
students before their enrollment prerequisites and requirements for (i) completing successfully the programs of study
in which they are interested and (ii) qualifying for the fields
of employment for which their education is designed;
(f) Comply with the requirements of RCW 28C.10.084;
(g) Assess the basic skills and relevant aptitudes of each
potential student to determine that a potential student has the
basic skills and relevant aptitudes necessary to complete and
benefit from the program in which the student plans to
enroll. Guidelines for such assessments shall be developed
by the agency, in consultation with the schools. The method
of assessment shall be reported to the agency. Assessment
records shall be maintained in the student’s file;
(h) Discuss with each potential student the potential
student’s obligations in signing any enrollment contract
and/or incurring any debt for educational purposes. The
discussion shall include the inadvisability of acquiring an
excessive educational debt burden that will be difficult to
repay given employment opportunities and average starting
salaries in the potential student’s chosen occupation.
(2) Any enrollment contract shall have an attachment in
a format provided by the agency. The attachment shall be
signed by both the school and the student. The attachment
shall stipulate that the school has complied with subsection
(1)(h) of this section and that the student understands and
accepts his or her responsibilities in signing any enrollment
contract or debt application. The attachment shall also
stipulate that the enrollment contract shall not be binding for
at least five days, excluding Sundays and holidays, following
signature of the enrollment contract by both parties.
(3) The agency shall deny, revoke, or suspend the
license of any school that does not meet or maintain the
minimum standards. [2001 c 23 § 1; 1990 c 188 § 7; 1987
c 459 § 3; 1986 c 299 § 5.]
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.060 Licenses—Requirements—Renewal.
Any entity desiring to operate a private vocational school
shall apply for a license to the agency on a form provided by
the agency. The agency shall issue a license if the school:
(1) Files a completed application with information
satisfactory to the agency. Misrepresentation by an applicant
shall be grounds for the agency, at its discretion, to deny or
revoke a license.
(2) Complies with the requirements for the *tuition
recovery fund under RCW 28C.10.084.
(3) Pays the required fees.
(4) Meets the minimum standards adopted by the agency
under RCW 28C.10.050.
(2002 Ed.)
Private Vocational Schools
Licenses shall be valid for one year from the date of
issue unless revoked or suspended. If a school fails to file
a completed renewal application at least thirty days before
the expiration date of its current license the school shall be
subject to payment of a late filing fee fixed by the agency.
[1987 c 459 § 4; 1986 c 299 § 6.]
*Reviser’s note: The "tuition recovery fund" was renamed the
"tuition recovery trust fund" by 1993 c 445.
28C.10.070 Fees. The agency shall establish fees by
rule at a level necessary to approximately recover the
staffing costs incurred in administering this chapter. All fees
collected under this section shall be deposited in the state
general fund. [1986 c 299 § 7.]
28C.10.082 *Tuition recovery fund—Created—State
treasurer custodian. The *tuition recovery fund is hereby
established in the custody of the state treasurer. The agency
shall deposit in the fund all moneys received under RCW
28C.10.084. Moneys in the fund may be spent only for the
purposes under RCW 28C.10.084. Disbursements from the
fund shall be on authorization of the agency. The fund is
subject to the allotment procedure provided under chapter
43.88 RCW, but no appropriation is required for disbursements. [1991 sp.s. c 13 § 85; 1987 c 459 § 2.]
*Reviser’s note: The "tuition recovery fund" was renamed the
"tuition recovery trust fund" by 1993 c 445.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
28C.10.084 Tuition recovery trust fund—Deposits—
Operation—Claims. (1) The agency shall establish,
maintain, and administer a tuition recovery trust fund. All
funds collected for the tuition recovery trust fund are payable
to the state for the benefit and protection of any student or
enrollee of a private vocational school licensed under this
chapter, or, in the case of a minor, his or her parents or
guardian, for purposes including but not limited to the
settlement of claims related to school closures under subsection (10) of this section and the settlement of claims under
RCW 28C.10.120. The fund shall be liable for settlement of
claims and costs of administration but shall not be liable to
pay out or recover penalties assessed under RCW
28C.10.130 or 28C.10.140. No liability accrues to the state
of Washington from claims made against the fund.
(2) By June 30, 1998, a minimum operating balance of
one million dollars shall be achieved in the fund and
maintained thereafter. If disbursements reduce the operating
balance below two hundred thousand dollars at any time
before June 30, 1998, or below one million dollars thereafter, each participating owner shall be assessed a pro rata
share of the deficiency created, based upon the incremental
scale created under subsection (6) of this section for each
private vocational school. The agency shall adopt schedules
of times and amounts for effecting payments of assessment.
(3) In order for a private vocational school to be and
remain licensed under this chapter each owner shall, in
addition to other requirements under this chapter, make cash
deposits on behalf of the school into a tuition recovery trust
fund as a means to assure payment of claims brought under
this chapter.
(2002 Ed.)
28C.10.060
(4) The amount of liability that can be satisfied by this
fund on behalf of each private vocational school licensed
under this chapter shall be the amount of unearned prepaid
tuition in possession of the owner.
(5) The fund’s liability with respect to each participating
private vocational school commences on the date of the
initial deposit into the fund made on its behalf and ceases
one year from the date the school is no longer licensed under
this chapter.
(6) The agency shall adopt by rule a matrix for calculating the deposits into the fund on behalf of each vocational
school. Proration shall be determined by factoring the
school’s share of liability in proportion to the aggregated liability of all participants under the fund by grouping such
prorations under the incremental scale created by subsection
(4) of this section. Expressed as a percentage of the total
liability, that figure determines the amount to be contributed
when factored into a fund containing one million dollars.
The total amount of its prorated share, minus the amount
paid for initial capitalization, shall be payable in up to
twenty increments over a ten-year period, commencing with
the sixth month after the initial capitalization deposit has
been made on behalf of the school. Additionally, the agency
shall require deposits for initial capitalization, under which
the amount each owner deposits is proportionate to the
school’s share of two hundred thousand dollars, employing
the matrix developed under this subsection.
(7) No vested right or interests in deposited funds is
created or implied for the depositor, either at any time
during the operation of the fund or at any such future time
that the fund may be dissolved. All funds deposited are
payable to the state for the purposes described under this
section. The agency shall maintain the fund, serve appropriate notices to affected owners when scheduled deposits are
due, collect deposits, and make disbursements to settle
claims against the fund. When the aggregated deposits total
five million dollars and the history of disbursements justifies
such modifications, the agency may at its own option reduce
the schedule of deposits whether as to time, amount, or both
and the agency may also entertain proposals from among the
licensees with regard to disbursing surplus funds for such
purposes as vocational scholarships.
(8) Based on annual financial data supplied by the
owner, the agency shall determine whether the increment
assigned to that private vocational school on the incremental
scale established under subsection (6) of this section has
changed. If an increase or decrease in gross annual tuition
income has occurred, a corresponding change in the school’s
incremental position and contribution schedule shall be made
before the date of the owner’s next scheduled deposit into
the fund. Such adjustments shall only be calculated and
applied annually.
(9) If the majority ownership interest in a private
vocational school is conveyed through sale or other means
into different ownership, all contributions made to the date
of transfer remain in the fund. The new owner shall
continue to make contributions to the fund until the original
ten-year cycle is completed. All tuition recovery trust fund
contributions shall remain with the private vocational school
transferred, and no additional cash deposits may be required
beyond the original ten-year contribution cycle.
[Title 28C RCW—page 7]
28C.10.084
Title 28C RCW: Vocational Education
(10) To settle claims adjudicated under RCW
28C.10.120 and claims resulting when a private vocational
school ceases to provide educational services, the agency
may make disbursements from the fund. Students enrolled
under a training contract executed between a school and a
public or private agency or business are not eligible to make
a claim against the fund. In addition to the processes described for making reimbursements related to claims under
RCW 28C.10.120, the following procedures are established
to deal with reimbursements related to school closures:
(a) The agency shall attempt to notify all potential
claimants. The unavailability of records and other circumstances surrounding a school closure may make it impossible
or unreasonable for the agency to ascertain the names and
whereabouts of each potential claimant but the agency shall
make reasonable inquiries to secure that information from all
likely sources. The agency shall then proceed to settle the
claims on the basis of information in its possession. The
agency is not responsible or liable for claims or for handling
claims that may subsequently appear or be discovered.
(b) Thirty days after identified potential claimants have
been notified, if a claimant refuses or neglects to file a claim
verification as requested in such notice, the agency shall be
relieved of further duty or action on behalf of the claimant
under this chapter.
(c) After verification and review, the agency may
disburse funds from the tuition recovery trust fund to settle
or compromise the claims. However, the liability of the
fund for claims against the closed school shall not exceed
the amount of unearned prepaid tuition in the possession of
the owner.
(d) In the instance of claims against a closed school, the
agency shall seek to recover such disbursed funds from the
assets of the defaulted owner, including but not limited to
asserting claims as a creditor in bankruptcy proceedings.
(11) When funds are disbursed to settle claims against
a licensed private vocational school, the agency shall make
demand upon the owner for recovery. The agency shall
adopt schedules of times and amounts for effecting recoveries. An owner’s failure to perform subjects the school’s
license to suspension or revocation under RCW 28C.10.050
in addition to any other available remedies.
(12) For purposes of this section, "owner" includes, but
is not limited to, a person, company, firm, society, association, partnership, corporation, or trust having a controlling
ownership interest in a private vocational school. [2001 c 23
§ 2; 1999 c 321 § 3; 1993 c 445 § 2; 1990 c 188 § 8; 1987
c 459 § 1.]
Intent—1999 c 321: See note following RCW 28B.15.100.
Severability—1990 c 188: See note following RCW 28C.10.020.
28C.10.090 Actions prohibited without license. A
private vocational school, whether located in this state or
outside of this state, shall not conduct business of any kind,
make any offers, advertise or solicit, or enter into any
contracts unless the private vocational school is licensed
under this chapter. [1986 c 299 § 9.]
28C.10.100 Suspension or modification of requirements of chapter. The executive director of the agency
[Title 28C RCW—page 8]
may suspend or modify any of the requirements under this
chapter in a particular case if the agency finds that:
(1) The suspension or modification is consistent with the
purposes of this chapter; and
(2) The education to be offered addresses a substantial,
demonstrated need among residents of the state or that literal
application of this chapter would cause a manifestly unreasonable hardship. [1986 c 299 § 10.]
28C.10.110 Unfair business practices. It is an unfair
business practice for an entity operating a private vocational
school or an agent employed by a private vocational school
to:
(1) Fail to comply with the terms of a student enrollment contract or agreement;
(2) Use an enrollment contract form, catalog, brochure,
or similar written material affecting the terms and conditions
of student enrollment other than that previously submitted to
the agency and authorized for use;
(3) Advertise in the help wanted section of a newspaper
or otherwise represent falsely, directly or by implication, that
the school is an employment agency, is making an offer of
employment or otherwise is attempting to conceal the fact
that what is being represented are course offerings of a
school;
(4) Represent falsely, directly or by implication, that an
educational program is approved by a particular industry or
that successful completion of the program qualifies a student
for admission to a labor union or similar organization or for
the receipt of a state license in any business, occupation, or
profession;
(5) Represent falsely, directly or by implication, that a
student who successfully completes a course or program of
instruction may transfer credit for the course or program to
any institution of higher education;
(6) Represent falsely, directly or by implication, in
advertising or in any other manner, the school’s size,
location, facilities, equipment, faculty qualifications, or the
extent or nature of any approval received from an accrediting
association;
(7) Represent that the school is approved, recommended,
or endorsed by the state of Washington or by the agency,
except the fact that the school is authorized to operate under
this chapter may be stated;
(8) Provide prospective students with any testimonial,
endorsement, or other information which has the tendency to
mislead or deceive prospective students or the public
regarding current practices of the school, current conditions
for employment opportunities, or probable earnings in the
occupation for which the education was designed;
(9) Designate or refer to sales representatives as
"counselors," "advisors," or similar terms which have the
tendency to mislead or deceive prospective students or the
public regarding the authority or qualifications of the sales
representatives;
(10) Make or cause to be made any statement or
representation in connection with the offering of education
if the school or agent knows or reasonably should have
known the statement or representation to be false, substantially inaccurate, or misleading;
(2002 Ed.)
Private Vocational Schools
(11) Engage in methods of advertising, sales, collection,
credit, or other business practices which are false, deceptive,
misleading, or unfair, as determined by the agency by rule;
or
(12) Attempt to recruit students in or within forty feet
of a building that contains a welfare or unemployment
office. Recruiting includes, but is not limited to canvassing
and surveying. Recruiting does not include leaving materials
at or near an office for a person to pick up of his or her own
accord, or handing a brochure or leaflet to a person provided
that no attempt is made to obtain a name, address, telephone
number, or other data, or to otherwise actively pursue the
enrollment of the individual.
It is a violation of this chapter for an entity operating a
private vocational school to engage in an unfair business
practice. The agency may deny, revoke, or suspend the
license of any entity that is found to have engaged in a
substantial number of unfair business practices or that has
engaged in significant unfair business practices. [2001 c 23
§ 3; 1990 c 188 § 9; 1986 c 299 § 11.]
Severability—1990 c 188: See note following RCW 28C.10.020.
28C. 1 0 . 1 2 0 C o m p l a i n t s — I n v e s t i g a t i o n s —
Hearings—Remedies. (1) Complaints may be filed under
this chapter only by a person claiming loss of tuition or fees
as a result of an unfair business practice. The complaint
shall set forth the alleged violation and shall contain information required by the agency on forms provided for that
purpose. A complaint may also be filed with the agency by
an authorized staff member of the agency or by the attorney
general.
(2) The agency shall investigate any complaint under
this section and shall first attempt to bring about a negotiated
settlement. The agency director or the director’s designee
may conduct an informal hearing with the affected parties in
order to determine whether a violation has occurred.
(3) If the agency finds that the private vocational school
or its agent engaged in or is engaging in any unfair business
practice, the agency shall issue and cause to be served upon
the violator an order requiring the violator to cease and
desist from the act or practice and may impose the penalties
provided under RCW 28C.10.130. If the agency finds that
the complainant has suffered loss as a result of the act or
practice, the agency may order the violator to pay full or
partial restitution of any amounts lost. The loss may include
any money paid for tuition, required or recommended course
materials, and any reasonable living expenses incurred by the
complainant during the time the complainant was enrolled at
the school.
(4) The complainant is not bound by the agency’s
determination of restitution. The complainant may reject that
determination and may pursue any other legal remedy.
(5) The violator may, within twenty days of being
served any order described under subsection (3) of this
section, file an appeal under the administrative procedure act,
chapter 34.05 RCW. Timely filing stays the agency’s order
during the pendency of the appeal. If the agency prevails,
the appellant shall pay the costs of the administrative
hearing. [1993 c 445 § 3; 1990 c 188 § 10; 1989 c 175 §
83; 1986 c 299 § 12.]
Severability—1990 c 188: See note following RCW 28C.10.020.
(2002 Ed.)
28C.10.110
Effective date—1989 c 175: See note following RCW 34.05.010.
28C.10.130 Violations—Civil penalties. Any private
vocational school or agent violating RCW 28C.10.060,
28C.10.090, or 28C.10.110 or the applicable agency rules is
subject to a civil penalty of not more than one hundred dollars for each separate violation. Each day on which a
violation occurs constitutes a separate violation. Multiple
violations on a single day may be considered separate
violations. The fine may be imposed by the agency under
RCW 28C.10.120, or in any court of competent jurisdiction.
[1986 c 299 § 13.]
28C.10.140 Violations—Criminal sanctions. Any
entity or any owner, officer, agent, or employee of such
entity who wilfully violates RCW 28C.10.060 or 28C.10.090
is guilty of a gross misdemeanor and, upon conviction, shall
be punished by a fine of not to exceed one thousand dollars
or by imprisonment in the county jail for not to exceed one
year, or by both such fine and imprisonment.
Each day on which a violation occurs constitutes a
separate violation. The criminal sanctions may be imposed
by a court of competent jurisdiction in an action brought by
the attorney general of this state. [1986 c 299 § 14.]
28C.10.150 Actions resulting in jurisdiction of
courts. A private vocational school, whether located in this
state or outside of this state, that conducts business of any
kind, makes any offers, advertises, solicits, or enters into any
contracts in this state or with a resident of this state is
subject to the jurisdiction of the courts of this state for any
cause of action arising from the acts. [1986 c 299 § 15.]
28C.10.160 Educational records—Permanent file—
Protection. If any private vocational school discontinues its
operation, the chief administrative officer of the school shall
file with the agency the original or legible true copies of all
educational records required by the agency. If the agency
determines that any educational records are in danger of
being made unavailable to the agency, the agency may seek
a court order to protect and if necessary take possession of
the records. The agency shall cause to be maintained a
permanent file of educational records coming into its
possession. [1986 c 299 § 16.]
28C.10.170 Contracts voidable—When. If a student
or prospective student is a resident of this state at the time
any contract relating to payment for education or any note,
instrument, or other evidence of indebtedness relating thereto
is entered into, RCW 28C.10.180 shall govern the rights of
the parties to the contract or evidence of indebtedness. If a
contract or evidence of indebtedness contains any of the
following agreements, the contract is voidable at the option
of the student or prospective student:
(1) That the law of another state shall apply;
(2) That the maker or any person liable on the contract
or evidence of indebtedness consents to the jurisdiction of
another state;
(3) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(4) That fixes venue. [1986 c 299 § 17.]
[Title 28C RCW—page 9]
28C.10.180
Title 28C RCW: Vocational Education
28C.10.180 Enforceability of debts—Authority to
offer degree required. A note, instrument, or other
evidence of indebtedness or contract relating to payment for
education is not enforceable in the courts of this state by a
private vocational school or holder of the instrument unless
the private vocational school was licensed under this chapter
at the time the note, instrument, or other evidence of
indebtedness or contract was entered into. [1986 c 299 §
18.]
Chapter 28C.18
WORK FORCE TRAINING AND EDUCATION
Sections
28C.18.005
28C.18.010
28C.18.020
28C.18.030
28C.18.040
28C.18.050
28C.10.190 Actions to enforce chapter—Who may
bring—Relief. The attorney general or the prosecuting
attorney of any county in which a private vocational school
or agent of the school is found may bring an action in any
court of competent jurisdiction for the enforcement of this
chapter. The court may issue an injunction or grant any
other appropriate form of relief. [1986 c 299 § 19.]
28C.18.060
28C.18.070
28C.18.080
28C.10.200 Injunctive relief—Agency may seek.
The agency may seek injunctive relief, after giving notice to
the affected party, in a court of competent jurisdiction for a
violation of this chapter or the rules adopted under this
chapter. The agency need not allege or prove that the
agency has no adequate remedy at law. The right of
injunction provided in this section is in addition to any other
legal remedy which the agency has and is in addition to any
right of criminal prosecution provided by law. The existence
of agency action with respect to alleged violations of this
chapter and rules adopted under this chapter does not operate
as a bar to an action for injunctive relief under this section.
[1986 c 299 § 20.]
28C.18.900
28C.10.210 Violation of chapter unfair or deceptive
practice under RCW 19.86.020. A violation of this chapter
or the rules adopted under this chapter affects the public
interest and is an unfair or deceptive act or practice in
violation of RCW 19.86.020 of the consumer protection act.
The remedies and sanctions provided by this section shall
not preclude application of other remedies and sanctions.
[1986 c 299 § 21.]
28C.10.220 Remedies and penalties in chapter
nonexclusive and cumulative. The remedies and penalties
provided for in this chapter are nonexclusive and cumulative
and do not affect any other actions or proceedings. [1986 c
299 § 22.]
28C.10.900 Severability—1986 c 299. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1986 c 299 § 27.]
28C.10.902 Effective date—1986 c 299. This act
shall take effect July 1, 1986. [1986 c 299 § 31.]
[Title 28C RCW—page 10]
28C.18.090
28C.18.100
28C.18.110
Findings.
Definitions.
Work force training and education coordinating board.
Purpose of the board.
Director’s duties.
Board designation and functions for federal purposes—
Monitoring state plans for consistency.
Board’s duties.
Intent—"Program" clarified.
Comprehensive plan—Contents—Updates—Agency operating plans—Reports to the legislature.
Additional board duties—Program evaluation by operating
agencies.
Assessments by board—Biennial report to legislature and
governor.
Identification of policies and methods to promote efficiency
and sharing of resources—Report to governor and legislature.
Effective dates—Severability—1991 c 238.
28C.18.005 Findings. The legislature finds that the
state’s system of work force training and education is
inadequate for meeting the needs of the state’s workers,
employers, and economy. A growing shortage of skilled
workers is already hurting the state’s economy. There is a
shortage of available workers and too often prospective
employees lack the skills and training needed by employers.
Moreover, with demographic changes in the state’s population employers will need to employ a more culturally diverse
work force in the future.
The legislature further finds that the state’s current work
force training and education system is fragmented among
numerous agencies, councils, boards, and committees, with
inadequate overall coordination. No comprehensive strategic
plan guides the different parts of the system. There is no
single point of leadership and responsibility. There is
insufficient guidance from employers and workers built into
the system to ensure that the system is responsive to the
needs of its customers. Adult work force education lacks a
uniform system of governance, with an inefficient division
in governance between community colleges and vocational
technical institutes, and inadequate local authority. The parts
of the system providing adult basic skills and literacy
education are especially uncoordinated and lack sufficient
visibility to adequately address the needs of the large number
of adults in the state who are functionally illiterate. The
work force training and education system’s data and evaluation methods are inconsistent and unable to provide adequate
information for determining how well the system is performing on a regular basis so that the system may be held
accountable for the outcomes it produces. Much of the work
force training and education system provides inadequate
opportunities to meet the needs of people from culturally
diverse backgrounds. Finally, our public and private
educational institutions are not producing the number of
people educated in vocational/technical skills needed by employers.
The legislature recognizes that we must make certain
that our public and private institutions of education place
appropriate emphasis on the needs of employers and on the
needs of the approximately eighty percent of our young
(2002 Ed.)
Work Force Training and Education
people who enter the world of work without completing a
four-year program of higher education. We must make our
work force education and training system better coordinated,
more efficient, more responsive to the needs of business and
workers and local communities, more accountable for its
performance, and more open to the needs of a culturally diverse population. [1996 c 99 § 1; 1991 c 238 § 1.]
28C.18.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Board" means the work force training and education coordinating board.
(2) "Director" means the director of the work force
training and education coordinating board.
(3) "Training system" means programs and courses of
secondary vocational education, technical college programs
and courses, community college vocational programs and
courses, private career school and college programs and
courses, employer-sponsored training, adult basic education
programs and courses, programs and courses funded by the
job training partnership act, programs and courses funded by
the federal vocational act, programs and courses funded
under the federal adult education act, publicly funded
programs and courses for adult literacy education, and apprenticeships, and programs and courses offered by private
and public nonprofit organizations that are representative of
communities or significant segments of communities and
provide job training or adult literacy services.
(4) "Work force skills" means skills developed through
applied learning that strengthen and reinforce an individual’s
academic knowledge, critical thinking, problem solving, and
work ethic and, thereby, develop the employability, occupational skills, and management of home and work responsibilities necessary for economic independence.
(5) "Vocational education" means organized educational
programs offering a sequence of courses which are directly
related to the preparation or retraining of individuals in paid
or unpaid employment in current or emerging occupations
requiring other than a baccalaureate or advanced degree.
Such programs shall include competency-based applied
learning which contributes to an individual’s academic
knowledge, higher-order reasoning, and problem-solving
skills, work attitudes, general employability skills, and the
occupational-specific skills necessary for economic independence as a productive and contributing member of society.
Such term also includes applied technology education.
(6) "Adult basic education" means instruction designed
to achieve mastery of skills in reading, writing, oral communication, and computation at a level sufficient to allow the
individual to function effectively as a parent, worker, and
citizen in the United States, commensurate with that
individual’s actual ability level, and includes English as a
second language and preparation and testing service for the
general education development exam. [1996 c 99 § 2; 1991
c 238 § 2.]
28C.18.020 Work force training and education
coordinating board. (1) There is hereby created the work
force training and education coordinating board as a state
agency and as the successor agency to the state board for
(2002 Ed.)
28C.18.005
vocational education. Once the coordinating board has
convened, all references to the state board for vocational
education in the Revised Code of Washington shall be
construed to mean the work force training and education
coordinating board, except that reference to the state board
for vocational education in RCW 49.04.030 shall mean the
state board for community and technical colleges.
(2)(a) The board shall consist of nine voting members
appointed by the governor with the consent of the senate, as
follows: Three representatives of business, three representatives of labor, and, serving as ex officio members, the
superintendent of public instruction, the executive director of
the state board for community and technical colleges, and the
commissioner of the employment security department. The
chair of the board shall be a nonvoting member selected by
the governor with the consent of the senate, and shall serve
at the pleasure of the governor. In selecting the chair, the
governor shall seek a person who understands the future
economic needs of the state and nation and the role that the
state’s training system has in meeting those needs. Each
voting member of the board may appoint a designee to
function in his or her place with the right to vote. In
making appointments to the board, the governor shall seek
to ensure geographic, ethnic, and gender diversity and
balance. The governor shall also seek to ensure diversity
and balance by the appointment of persons with disabilities.
(b) The business representatives shall be selected from
among nominations provided by a statewide business
organization representing a cross-section of industries.
However, the governor may request, and the organization
shall provide, an additional list or lists from which the
governor shall select the business representatives. The
nominations and selections shall reflect the cultural diversity
of the state, including women, people with disabilities, and
racial and ethnic minorities, and diversity in sizes of businesses.
(c) The labor representatives shall be selected from
among nominations provided by statewide labor organizations. However, the governor may request, and the organizations shall provide, an additional list or lists from which the
governor shall select the labor representatives. The nominations and selections shall reflect the cultural diversity of the
state, including women, people with disabilities, and racial
and ethnic minorities.
(d) Each business member may cast a proxy vote or
votes for any business member who is not present and who
authorizes in writing the present member to cast such vote.
(e) Each labor member may cast a proxy vote for any
labor member who is not present and who authorizes in
writing the present member to cast such vote.
(f) The chair shall appoint to the board one nonvoting
member to represent racial and ethnic minorities, women,
and people with disabilities. The nonvoting member
appointed by the chair shall serve for a term of four years
with the term expiring on June 30th of the fourth year of the
term.
(g) The business members of the board shall serve for
terms of four years, the terms expiring on June 30th of the
fourth year of the term except that in the case of initial
members, one shall be appointed to a two-year term and one
appointed to a three-year term.
[Title 28C RCW—page 11]
28C.18.020
Title 28C RCW: Vocational Education
(h) The labor members of the board shall serve for
terms of four years, the terms expiring on June 30th of the
fourth year of the term except that in the case of initial
members, one shall be appointed to a two-year term and one
appointed to a three-year term.
(i) Any vacancies among board members representing
business or labor shall be filled by the governor with
nominations provided by statewide organizations representing
business or labor, respectively.
(j) The board shall adopt bylaws and shall meet at least
bimonthly and at such other times as determined by the chair
who shall give reasonable prior notice to the members or at
the request of a majority of the voting members.
(k) Members of the board shall be compensated in
accordance with RCW 43.03.040 and shall receive travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
(l) The board shall be formed and ready to assume its
responsibilities under this chapter by October 1, 1991.
(m) The director of the board shall be appointed by the
governor from a list of three names submitted by a committee made up of the business and labor members of the board.
However, the governor may request, and the committee shall
provide, an additional list or lists from which the governor
shall select the director. The lists compiled by the committee shall not be subject to public disclosure. The governor
may dismiss the director only with the approval of a majority vote of the board. The board, by a majority vote, may
dismiss the director with the approval of the governor.
(3) The state board for vocational education is hereby
abolished and its powers, duties, and functions are hereby
transferred to the work force training and education coordinating board. All references to the director or the state
board for vocational education in the Revised Code of Washington shall be construed to mean the director or the work
force training and education coordinating board. [1991 c
238 § 3.]
28C.18.030 Purpose of the board. The purpose of
the board is to provide planning, coordination, evaluation,
monitoring, and policy analysis for the state training system
as a whole, and advice to the governor and legislature concerning the state training system, in cooperation with the
state training system and the higher education coordinating
board. [1996 c 99 § 3; 1991 c 238 § 4.]
28C.18.040 Director’s duties. (1) The director shall
serve as chief executive officer of the board who shall
administer the provisions of this chapter, employ such
personnel as may be necessary to implement the purposes of
this chapter, and utilize staff of existing operating agencies
to the fullest extent possible.
(2) The director shall not be the chair of the board.
(3) Subject to the approval of the board, the director
shall appoint necessary deputy and assistant directors and
other staff who shall be exempt from the provisions of
chapter 41.06 RCW. The director’s appointees shall serve
at the director’s pleasure on such terms and conditions as the
director determines but subject to chapter 42.52 RCW.
(4) The director shall appoint and employ such other
employees as may be required for the proper discharge of
the functions of the board.
[Title 28C RCW—page 12]
(5) The director shall, as permissible under P.L.
101-392, as amended, integrate the staff of the council on
vocational education, and contract with the state board for
community and technical colleges for assistance for adult
basic skills and literacy policy development and planning as
required by P.L. 100-297, as amended. [1994 c 154 § 307;
1991 c 238 § 5.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
28C.18.050 Board designation and functions for
federal purposes—Monitoring state plans for consistency.
(1) The board shall be designated as the state board of
vocational education as provided for in P.L. 98-524, as
amended, and shall perform such functions as is necessary
to comply with federal directives pertaining to the provisions
of such law.
(2) The board shall perform the functions of the human
resource investment council as provided for in the federal
job training partnership act, P.L. 97-300, as amended.
(3) The board shall provide policy advice for any
federal act pertaining to work force development that is not
required by state or federal law to be provided by another
state body.
(4) Upon enactment of new federal initiatives relating to
work force development, the board shall advise the governor
and the legislature on mechanisms for integrating the federal
initiatives into the state’s work force development system
and make recommendations on the legislative or administrative measures necessary to streamline and coordinate
state efforts to meet federal guidelines.
(5) The board shall monitor for consistency with the
state comprehensive plan for work force training and
education the policies and plans established by the state job
training coordinating council, the advisory council on adult
education, and the Washington state plan for adult basic
education, and provide guidance for making such policies
and plans consistent with the state comprehensive plan for
work force training and education. [1995 c 130 § 3; 1991
c 238 § 6.]
28C.18.060 Board’s duties. The board, in cooperation with the operating agencies of the state training system
and private career schools and colleges shall:
(1) Concentrate its major efforts on planning, coordination evaluation, policy analysis, and recommending improvements to the state’s training system.
(2) Advocate for the state training system and for
meeting the needs of employers and the work force for work
force education and training.
(3) Establish and maintain an inventory of the programs
of the state training system, and related state programs, and
perform a biennial assessment of the vocational education,
training, and adult basic education and literacy needs of the
state; identify ongoing and strategic education needs; and
assess the extent to which employment, training, vocational
and basic education, rehabilitation services, and public
assistance services represent a consistent, integrated approach
to meet such needs.
(4) Develop and maintain a state comprehensive plan for
work force training and education, including but not limited
(2002 Ed.)
Work Force Training and Education
to, goals, objectives, and priorities for the state training
system, and review the state training system for consistency
with the state comprehensive plan. In developing the state
comprehensive plan for work force training and education,
the board shall use, but shall not be limited to: Economic,
labor market, and populations trends reports in office of
financial management forecasts; joint office of financial
management and employment security department labor
force, industry employment, and occupational forecasts; the
results of scientifically based outcome, net-impact and costbenefit evaluations; the needs of employers as evidenced in
formal employer surveys and other employer input; and the
needs of program participants and workers as evidenced in
formal surveys and other input from program participants
and the labor community.
(5) In consultation with the higher education coordinating board, review and make recommendations to the office
of financial management and the legislature on operating and
capital facilities budget requests for operating agencies of the
state training system for purposes of consistency with the
state comprehensive plan for work force training and
education.
(6) Provide for coordination among the different
operating agencies and components of the state training
system at the state level and at the regional level.
(7) Develop a consistent and reliable data base on
vocational education enrollments, costs, program activities,
and job placements from publicly funded vocational education programs in this state.
(8) Establish standards for data collection and maintenance for the operating agencies of the state training system
in a format that is accessible to use by the board. The board
shall require a minimum of common core data to be collected by each operating agency of the state training system.
The board shall develop requirements for minimum
common core data in consultation with the office of financial
management and the operating agencies of the training
system.
(9) Establish minimum standards for program evaluation
for the operating agencies of the state training system,
including, but not limited to, the use of common survey
instruments and procedures for measuring perceptions of
program participants and employers of program participants,
and monitor such program evaluation.
(10) Every two years administer scientifically based
outcome evaluations of the state training system, including,
but not limited to, surveys of program participants, surveys
of employers of program participants, and matches with
employment security department payroll and wage files.
Every five years administer scientifically based net-impact
and cost-benefit evaluations of the state training system.
(11) In cooperation with the employment security
department, provide for the improvement and maintenance
of quality and utility in occupational information and
forecasts for use in training system planning and evaluation.
Improvements shall include, but not be limited to, development of state-based occupational change factors involving
input by employers and employees, and delineation of skill
and training requirements by education level associated with
current and forecasted occupations.
(12) Provide for the development of common course
description formats, common reporting requirements, and
(2002 Ed.)
28C.18.060
common definitions for operating agencies of the training
system.
(13) Provide for effectiveness and efficiency reviews of
the state training system.
(14) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements
between institutions of the state training system, and encourage articulation agreements for programs encompassing two
years of secondary work force education and two years of
postsecondary work force education.
(15) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements
between private training institutions and institutions of the
state training system.
(16) Participate in the development of coordination
criteria for activities under the job training partnership act
with related programs and services provided by state and
local education and training agencies.
(17) Make recommendations to the commission of
student assessment, the state board of education, and the
superintendent of public instruction, concerning basic skill
competencies and essential core competencies for K-12
education. Basic skills for this purpose shall be reading,
writing, computation, speaking, and critical thinking,
essential core competencies for this purpose shall be English,
math, science/technology, history, geography, and critical
thinking. The board shall monitor the development of and
provide advice concerning secondary curriculum which
integrates vocational and academic education.
(18) Establish and administer programs for marketing
and outreach to businesses and potential program participants.
(19) Facilitate the location of support services, including
but not limited to, child care, financial aid, career counseling, and job placement services, for students and trainees at
institutions in the state training system, and advocate for
support services for trainees and students in the state training
system.
(20) Facilitate private sector assistance for the state
training system, including but not limited to: Financial
assistance, rotation of private and public personnel, and
vocational counseling.
(21) Facilitate programs for school-to-work transition
that combine classroom education and on-the-job training in
industries and occupations without a significant number of
apprenticeship programs.
(22) Encourage and assess progress for the equitable
representation of racial and ethnic minorities, women, and
people with disabilities among the students, teachers, and
administrators of the state training system. Equitable, for
this purpose, shall mean substantially proportional to their
percentage of the state population in the geographic area
served. This function of the board shall in no way lessen
more stringent state or federal requirements for representation of racial and ethnic minorities, women, and people with
disabilities.
(23) Participate in the planning and policy development
of governor set-aside grants under P.L. 97-300, as amended.
(24) Administer veterans’ programs, licensure of private
vocational schools, the job skills program, and the Washington award for vocational excellence.
[Title 28C RCW—page 13]
28C.18.060
Title 28C RCW: Vocational Education
(25) Allocate funding from the state job training trust
fund.
(26) Work with the director of community, trade, and
economic development to ensure coordination between work
force training priorities and that department’s economic
development efforts.
(27) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the
functions of this section. [1996 c 99 § 4; 1993 c 280 § 17;
1991 c 238 § 7.]
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
28C.18.070 Intent—"Program" clarified. (1) The
legislature continues to recognize the vital role that work
force development efforts play in equipping the state’s
workers with the skills they need to succeed in an economy
that requires higher levels of skill and knowledge. The
legislature also recognizes that businesses are increasingly
relying on the state’s work force development programs and
expect them to be responsive to their changing skill requirements. The state benefits from a work force development
system that allows firms and workers to be highly competitive in global markets.
(2) The establishment of the work force training and
education coordinating board was an integral step in developing a strategic approach to work force development. For
the coordinating board to carry out its intended role, the
board must be able to give unambiguous guidance to
operating agencies, the governor, and the legislature. It is
the intent of chapter 130, Laws of 1995, to clarify the
preeminent role intended for the work force training and
education coordinating board in coordination and policy
development of the state’s work force development efforts.
(3) In the event that federal work force development
funds are block granted to the state, it is the intent of the
legislature to seek the broadest possible input, from local and
statewide organizations concerned with work force development, on the allocation of the federal funds.
(4) For purposes of RCW 28C.18.080 through
28C.18.110, the term "program" shall not refer to the
activities of individual institutions such as individual community or technical colleges, common schools, service
delivery areas, or job service centers; nor shall it refer to
individual fields of study or courses. [1995 c 130 § 1.]
28C.18.080 Comprehensive plan—Contents—
Updates—Agency operating plans—Reports to the
legislature. (1) The state comprehensive plan for work
force training and education shall be updated every two
years and presented to the governor and the appropriate
legislative policy committees. Following public hearings, the
legislature shall, by concurrent resolution, approve or
recommend changes to the initial plan and the updates. The
plan shall then become the state’s work force training policy
unless legislation is enacted to alter the policies set forth in
the plan.
(2) The comprehensive plan shall include work force
training role and mission statements for the work force
development programs of operating agencies represented on
the board and sufficient specificity regarding expected
[Title 28C RCW—page 14]
actions by the operating agencies to allow them to carry out
actions consistent with the comprehensive plan.
(3) Operating agencies represented on the board shall
have operating plans for their work force development
efforts that are consistent with the comprehensive plan and
that provide detail on implementation steps they will take to
carry out their responsibilities under the plan. Each operating agency represented on the board shall provide an annual
progress report to the board.
(4) The comprehensive plan shall include recommendations to the legislature and the governor on the modification,
consolidation, initiation, or elimination of work force training
and education programs in the state.
(5) The comprehensive plan shall address how the
state’s work force development system will meet the needs
of employers hiring for industrial projects of statewide
significance.
(6) The board shall report to the appropriate legislative
policy committees by December 1 of each year on its
progress in implementing the comprehensive plan and on the
progress of the operating agencies in meeting their obligations under the plan. [1997 c 369 § 5; 1995 c 130 § 2.]
Industrial project of statewide significance—Defined: RCW 43.157.010.
28C.18.090 Additional board duties—Program
evaluation by operating agencies. (1) The board shall
specify, by December 31, 1995, the common core data to be
collected by the operating agencies of the state training
system and the standards for data collection and maintenance
required in RCW 28C.18.060(8).
(2) The minimum standards for program evaluation by
operating agencies required in RCW 28C.18.060(9) shall
include biennial program evaluations; the first of such
evaluations shall be completed by the operating agencies
July 1, 1996. The program evaluation of adult basic skills
education shall be provided by the advisory council on adult
education.
(3) The board shall complete, by January 1, 1996, its
first outcome-based evaluation and, by September 1, 1996,
its nonexperimental net-impact and cost-benefit evaluations
of the training system. The outcome, net-impact, and costbenefit evaluations shall for the first evaluations, include
evaluations of each of the following programs: Secondary
vocational-technical education, work-related adult basic skills
education, postsecondary work force training, job training
partnership act titles II and III, as well as of the system as
a whole.
(4) The board shall use the results of its outcome, netimpact, and cost-benefit evaluations to develop and make
recommendations to the legislature and the governor for the
modification, consolidation, initiation, or elimination of work
force training and education programs in the state.
The board shall perform the requirements of this section
in cooperation with the operating agencies. [1995 c 130 §
4.]
28C.18.100 Assessments by board—Biennial report
to legislature and governor. The board shall, by January
1, 1996, and biennially thereafter: (1) Assess the total
demand for training from the perspective of workers, and
from the perspective of employers; (2) assess the available
(2002 Ed.)
Work Force Training and Education
supply of publicly and privately provided training which
workers and employers are demanding; (3) assess the costs
to the state of meeting the demand; and (4) present the legislature and the governor with a strategy for bridging the gap
between the supply and the demand for training services.
[1995 c 130 § 5.]
28C.18.100
encouraged to contract with skill centers to use the skill
center facilities. The community colleges shall not be
required to count the enrollments under these agreements
toward the community college enrollment lid. Skill centers
may charge fees to adult students under RCW 28A.225.220.
[1993 c 380 § 3.]
28C.18.110 Identification of policies and methods to
promote efficiency and sharing of resources—Report to
governor and legislature. The board shall, in cooperation
with the operating agencies, by January 1, 1996:
(1) Identify policies to reduce administrative and other
barriers to efficient operation of the state’s work force
development system and barriers to improved coordination
of work force development in the state. These policies shall
include waivers of statutory requirements and administrative
rules, as well as implementation of one-stop access to work
force development services and school-to-work transition;
(2) Identify ways for operating agencies to share
resources, instructors, and curricula through collaboration
with other public and private entities to increase training
opportunities and reduce costs; and
(3) Report to the governor and the appropriate legislative committees its recommendations for any statutory
changes necessary to enhance operational efficiencies or
improve coordination. The board shall work with the
operating agencies of the state’s work force development
system to reduce administrative barriers that do not require
statutory changes. [1995 c 130 § 6.]
28C.18.900 Effective dates—Severability—1991 c
238. See RCW 28B.50.917 and 28B.50.918.
Chapter 28C.22
SKILL CENTERS
Sections
28C.22.005 Findings.
28C.22.010 Skill center program operation.
28C.22.020 Contracts with community colleges—Enrollment lid—Fees.
28C.22.005 Findings. As retraining becomes a
common part of adult work life, it is important that all
vocational education opportunities be used to the maximum
extent possible. Skill centers established to provide vocational training for high school students are used during the
morning and early afternoon. These facilities are idle during
the late afternoon and evening hours. At the same time,
community colleges have more students applying than they
can accommodate. To assure that we meet the needs of our
citizens in seeking training or retraining, all vocational
training facilities should be used to the maximum extent
possible. [1993 c 380 § 1.]
28C.22.010 Skill center program operation. Skill
centers, to the extent funds are available, are encouraged to
operate afternoon and evening programs. [1993 c 380 § 2.]
28C.22.020 Contracts with community colleges—
Enrollment lid—Fees. The community colleges are
(2002 Ed.)
[Title 28C RCW—page 15]
Title 29
ELECTIONS
Chapters
29.01
29.04
29.07
29.08
29.10
29.13
29.15
29.18
29.19
29.21
29.24
29.27
29.30
29.33
29.36
29.38
29.42
29.45
29.48
29.51
29.54
29.57
29.60
29.62
29.64
29.65
29.68
29.69C
29.70
29.71
29.74
29.79
29.81
29.81A
29.82
29.85
29.91
29.98
Definitions.
General provisions.
Voter registration.
Registration by mail.
Registration status, transfers, and cancellations.
Times for holding elections and primaries.
Filing for office.
Partisan primaries.
Presidential primary.
Nonpartisan primaries and elections.
Minor parties and independent candidates.
Certificates and notices.
Ballots.
Voting systems.
Absentee voting.
Election by mail.
Political parties.
Precinct election officers.
Polling place regulations before polls open.
Polling place regulations during voting
hours.
Polling place regulations during voting hours
and after closing.
Accessibility of polling places and registration facilities.
Administration of elections.
Canvassing the returns.
Statutory recounts.
Contests.
United States congressional elections.
Congressional districts and apportionment.
Local government redistricting.
United States presidential electors.
United States constitutional amendment
conventions.
Initiative and referendum.
Voters’ pamphlet.
Local voters’ pamphlets.
The recall.
Crimes and penalties.
Nuclear waste site—Election for disapproval.
Construction.
Advertising, political: RCW 42.17.510 through 42.17.540.
Arrest
militia, privileged from arrest while attending election of officers: State
Constitution Art. 10 § 5.
voter, when privileged from: State Constitution Art. 6 § 5.
Ballots
initiative measures, ballot submitting: State Constitution Art. 2 § 1.
required at all elections: State Constitution Art. 6 § 6.
Biennial elections: State Constitution Art. 6 § 8.
Candidates
(2002 Ed.)
affidavit stating not subversive required: RCW 9.81.100.
court of appeals, judges of, limitations on: RCW 2.06.090.
disqualification, conviction of subversive activities: RCW 9.81.040.
Capital improvements, state referendum: RCW 43.83.104.
Cities and towns
advancement of classification, election of new officers: RCW 35.06.080.
annexation of unincorporated areas, election method: RCW 35.13.015
through 35.13.120.
charter
generally: State Constitution Art. 11 § 10.
new or revised: RCW 35.22.140 through 35.22.190.
consolidation: Chapter 35.10 RCW.
failure to hold elections as grounds for involuntary dissolution: RCW
35.07.230.
incorporation of, election for: State Constitution Art. 11 § 10 (Amendment 40).
intoxicating liquor sale, local option: Chapter 66.40 RCW.
City and county combined municipal corporation, elections for: State
Constitution Art. 11 § 16 (Amendment 58).
Civil rights
loss of
criminals: State Constitution Art. 6 § 3, RCW 29.10.097.
incapacitated persons: RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Civil service and retirement rights preserved when elective office assumed:
RCW 41.04.120.
Congressional representatives: State Constitution Art. 27 § 13.
Constitution—State
amendments to, election on: State Constitution Art. 23 § 1, (Amendment
37).
articles under to be submitted to people: State Constitution Art. 27 § 17.
ballots, form of used for vote on: State Constitution Art. 27 § 18.
election on, method: State Constitution Art. 27 § 15.
officers provided in, when elected: State Constitution Art. 27 § 7.
officers under, commencement of terms: State Constitution Art. 27 § 16.
submission to people: State Constitution Art. 23 § 3.
Constitutional convention, election on calling of: State Constitution Art. 23
§ 2.
Contested elections
executive officers—State: State Constitution Art. 3 § 4.
legislators, procedure: RCW 44.04.100.
Count, returns, and canvass—Bond issue elections: RCW 39.40.030.
Counties
airport districts: RCW 14.08.290.
county seat, removal of election on: State Constitution Art. 11 § 2,
chapter 36.12 RCW.
"Home Rule" charter, election on: State Constitution Art. 11 § 4 (Amendment 21).
intoxicating liquor, sale of, local option: Chapter 66.40 RCW.
officers, generally
election and terms: State Constitution Art. 11 § 5 (Amendment 57).
elective county officers enumerated: RCW 36.16.030.
term of county and precinct officers: RCW 36.16.020.
time of election: RCW 36.16.010.
vacancies, how filled: State Constitution Art. 11 § 6 (Amendment
52).
vacancies in office: RCW 36.16.110.
prosecuting attorney
county "Home Rule" charter not to affect election of: State Constitution Art. 11 § 4 (Amendment 21).
eligibility to office: RCW 36.27.010.
territory stricken from, election on: State Constitution Art. 11 § 3.
[Title 29 RCW—page 1]
Title 29
Title 29 RCW: Elections
County clerk, initial election: State Constitution Art. 27 § 7.
County superintendent, "Home Rule" charter not to affect election of: State
Constitution Art. 11 § 4 (Amendment 21).
Court of appeals judges: RCW 2.06.070, 2.06.075.
Disqualification
for conviction of felony or malfeasance in office: RCW 9.92.120.
from voting:
criminals: State Constitution Art. 6 § 3.
incapacitated persons: RCW 11.88.010, 11.88.090.
mentally incompetent persons: State Constitution Art. 6 § 3.
from voting or holding public office, subversive activities: RCW 9.81.040.
District judges
election of: RCW 3.34.050.
eligibility: RCW 3.34.060.
number: RCW 3.34.010, 3.34.020.
oath: RCW 3.34.080.
qualifications: RCW 3.34.060.
term of office: RCW 3.34.070.
vacancies—remuneration: RCW 3.34.100.
District officers: State Constitution Art. 11 § 5.
Dog control zones: Chapter 16.10 RCW.
Elections generally
continuity of government act as affecting: State Constitution Art. 2 § 42
(Amendment 39).
freedom of elections: State Constitution Art. 1 § 19.
time of holding, constitutional requirements: State Constitution Art. 6 §
8.
Electors and voters
absence of certain persons not to affect rights as: State Constitution Art.
6 § 3.
age: State Constitution Art. 6 § 1.
basis for ascertaining number of voters required on referendum petition:
State Constitution Art. 2 § 1(a).
citizenship qualifications: State Constitution Art. 6 § 1.
disqualification
conviction of infamous crimes: State Constitution Art. 6 § 3.
conviction of subversive act, bars right to vote: RCW 9.81.040.
incapacitated persons: RCW 11.88.010, 11.88.090.
mentally incompetent persons, criminals: State Constitution Art. 6
§ 3.
exempt from military duty on election day: State Constitution Art. 6 § 5.
initiative measure, percentage of voters required to propose: State
Constitution Art. 2 § 2(a).
majority vote as required for approval of measures submitted to popular
vote: State Constitution Art. 2 § 1.
number of voters on referendum petition: State Constitution Art. 2 § 1(a).
percentage of voters required on proposed initiative measures: State
Constitution Art. 2 § 1(a).
percentage of voters required on referendum petition: State Constitution
Art. 2 § 1(a).
presidential elections: State Constitution Art. 6 § 1(a).
privilege from arrest, when: State Constitution Art. 6 § 5.
qualifications: State Constitution Art. 6 § 1.
recall of public officer, percentage of voters required for petition: State
Constitution Art. 1 §§ 33, 34.
referendum petition, basis for ascertaining number of voters required:
State Constitution Art. 2 § 1(a).
residence qualifications: State Constitution Art. 6 §§ 1, 4.
restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885,
9.95.260, chapter 9.96 RCW.
secrecy in voting, secured by legislature: State Constitution Art. 6 § 6.
Eligibility to hold public office in general: RCW 42.04.020.
Employer’s duty to provide time to vote: RCW 49.28.120.
Executive—State
certain offices may be abolished: State Constitution Art. 3 § 25 (Amendment 31).
elected, when: State Constitution Art. 3 § 1.
returns of elections, canvass, etc.: State Constitution Art. 3 § 4.
Federal social security, public employees may elect to come under: RCW
41.48.070.
Filings—Initiative and referendum petitions: State Constitution Art. 2 § 1.
[Title 29 RCW—page 2]
Financial disclosure by candidates and public officials: Chapter 42.17
RCW.
Free exercise of right of suffrage: State Constitution Art. 1 § 19.
Freeholders—Home rule charter: State Constitution Art. 11 § 4.
General municipal incorporation election, effect: RCW 35.02.130.
Governor, vacancy in office of, election to fill: State Constitution Art. 3 §
10.
Initiative and referendum
amendment or repeal by vote of people: State Constitution Art. 2 § 41
(Amendment 26).
as legislative power: State Constitution Art. 2 § 1 (Amendments 7, 26, 30,
36).
ballots: State Constitution Art. 2 § 1 (Amendment 7).
change or amendment of, prohibition against: State Constitution Art. 2
§ 1.
cities and towns
cities with commission form of government, ordinances subject to:
RCW 35.17.220, 35.17.240.
first class cities, charter provisions: RCW 35.22.200.
noncharter code cities: RCW 35A.11.080 through 35A.11.100.
ordinances by petition, commission government cities: RCW
35.17.260 through 35.17.360.
conflicting measures, method of submitting to popular vote: State
Constitution Art. 2 § 1.
effective date of acts or bills subject to referendum: State Constitution
Art. 2 § 41.
effective date of measure after approval on submission to the people:
State Constitution Art. 2 § 1.
elections
amendment or repeal of bills approved by electors: State Constitution Art. 2 § 41.
majority vote as required for approval of measure submitted: State
Constitution Art. 2 § 1.
special, regular, reference of measures to people at: State Constitution Art. 2 § 1.
exceptions from power of referendum: State Constitution Art. 2 § 1.
filed when, with whom: State Constitution Art. 2 § 1 (a) and (d) (Amendment 7).
legislature
member of, retains right to introduce measure: State Constitution
Art. 2 § 1.
proposal of different measure by legislature: State Constitution Art.
2 § 1.
referendum through action of: State Constitution Art. 2 § 1.
rejection of initiative measure by: State Constitution Art. 2 § 1.
repeal of bill: State Constitution Art. 2 § 41.
transmitting petition to: State Constitution Art. 2 § 1.
noncharter code cities, in: RCW 35A.11.080 through 35A.11.100.
petition
precedence over other bills: State Constitution Art. 2 § 1.
rejected or not acted upon by legislature: State Constitution Art. 2
§ 1.
signatures, number required: State Constitution Art. 2 § 1(a).
transmission to legislature: State Constitution Art. 2 § 1.
petition to people, initiative
form: State Constitution Art. 2 § 1.
reservation by the people of the power of: State Constitution Art.
2 § 1.
precedence of initiative measures over other bills: State Constitution Art.
2 § 1.
public institutions, exception from power of referendum of bills affecting:
State Constitution Art. 2 § 1.
publicity: State Constitution Art. 2 § 1(e) (Amendment 36).
referendum by legislature—Power of, exception: State Constitution Art.
2 § 1.
sales tax referendum by county or city: RCW 82.14.036.
secretary of state
filing of proposals and petitions with: State Constitution Art. 2 § 1.
general laws governing: State Constitution Art. 2 § 1.
signatures required: State Constitution Art. 2 § 1(a) (Amendment 30).
style of bill proposed by initiative petition: State Constitution Art. 2 § 1.
veto power of governor as extending to measures: State Constitution Art.
2 § 1.
voters’ pamphlet—Publication date: State Constitution Art. 2 § 1.
(2002 Ed.)
Elections
Intoxicating liquor
concurrent liquor elections in same election unit prohibited: RCW
66.40.150.
local option on sale, generally: Chapter 66.40 RCW.
purchase election day by candidates, certain purposes, prohibition: RCW
66.44.265.
Judges of court of appeals
additional members: RCW 2.06.075.
generally: RCW 2.06.070.
Judicial
superior court judges
election: State Constitution Art. 4 § 5, RCW 2.08.060.
term of office: RCW 2.08.070.
to fill vacancy: RCW 2.08.120.
vacancies resulting from creation of additional judgeships: RCW
2.08.069.
supreme court justices
election: State Constitution Art. 4 § 3.
election of: RCW 2.04.071.
vacancy, how filled: RCW 2.04.100.
Juror must be an elector: RCW 2.36.070(1).
Justice and inferior courts act of 1961, election procedure: RCW 3.34.050.
Justices of the peace (see also District judges)
construction of: RCW 3.30.015.
Legislature
contest of election—Depositions: RCW 44.04.100.
election of (own) officers: State Constitution Art. 2 § 10.
election of officers, first legislature to provide for: State Constitution Art.
27 § 11.
elections—Viva voce vote: State Constitution Art. 2 § 27.
judges of their own election and qualification: State Constitution Art. 2
§ 8.
limitation on members holding federal or other office: State Constitution
Art. 2 § 14.
limitation on members holding office in the state: State Constitution Art.
2 § 13.
representatives
apportionment: State Constitution Art. 22 § 2.
election of: State Constitution Art. 2 § 4.
when to be held: State Constitution Art. 2 § 5.
senators
apportionment: State Constitution Art. 22 § 1.
election of: State Constitution Art. 2 § 6.
Legislature—Congressional, representatives, election of: State Constitution
Art. 27 § 13.
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and
59).
Liquor
concurrent liquor elections in same election unit prohibited: RCW
66.40.150.
local option, election on: Chapter 66.40 RCW.
purchase on election day by candidates, certain purposes, prohibition:
RCW 66.44.265.
Military duty, when voter excepted from: State Constitution Art. 6 § 5.
Military interference prohibited: State Constitution Art. 1 § 19.
Militia
officers of may be elected if legislature so directs: State Constitution Art.
10 § 2.
privileged from arrest while attending elections of officers: State
Constitution Art. 10 § 5.
Municipal corporations, indebtedness, election to permit special indebtedness: State Constitution Art. 8 § 6 (Amendment 27).
Municipal courts—Cities over five hundred thousand
election of judges—Vacancies: RCW 35.20.150.
qualifications of judges, etc.: RCW 35.20.170.
Newspaper advertising rates for candidates: RCW 65.16.095.
Public disclosure of campaign financing and financial affairs of public
officials: Chapter 42.17 RCW.
Public employees, qualifications and eligibility to hold office: RCW
42.04.020.
Public officers
(2002 Ed.)
Title 29
continuity of government: State Constitution Art. 2 § 42 (Amendment 39).
continuity of government act: Chapter 42.14 RCW.
subversive persons ineligible: RCW 9.81.040 through 9.81.110.
term of person elected to fill vacancy: RCW 42.12.030.
Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 5)
registration, compliance with: State Constitution Art. 6 § 7.
residence, contingencies affecting: State Constitution Art. 6 § 4.
who disqualified: State Constitution Art. 6 § 3, RCW 11.88.010,
11.88.090.
Qualifications of state officer: State Constitution Art. 3 § 25 (Amendment
31).
Ratification of constitutional amendments, submission to voters: State
Constitution Art. 23 § 1.
Recall legislation not to limit initiative and referendum powers reserved to
the people: State Constitution Art. 1 § 34 (Amendment 8).
Recall of elective officers: State Constitution Art. 1 §§ 33 and 34 (Amendment 8).
Registration, constitutional requirements: State Constitution Art. 6 § 7.
Religious qualification, none may be required for any public office: State
Constitution Art. 1 § 11 (Amendment 34).
Residence—Conditions by which not lost: State Constitution Art. 6 § 4.
School election conducted according to Title 29 RCW: RCW 28A.320.410.
Secrecy in voting—Ballots: State Constitution Art. 6 § 6.
Secretary of state
certifying of returns: RCW 43.07.030.
materials specifically authorized to be printed and distributed: RCW
43.07.140.
Special elections
cities and towns, election for incorporation of as: State Constitution Art.
11 § 10 (Amendment 40).
county "Home Rule" charter election as: State Constitution Art. 11 § 4
(Amendment 21).
limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and
59).
recall of elective officers as: State Constitution Art. 1 §§ 33 and 34
(Amendment 8).
reference of measures to people: State Constitution Art. 2 § 1.
state, to authorize debt: State Constitution Art. 8 § 3.
Special indebtedness by state, election to permit: State Constitution Art. 8
§ 3 (Amendment 60).
State capital
change of, necessary votes for: State Constitution Art. 14 § 2.
location of, vote on: State Constitution Art. 14 § 1.
State measures: State Constitution Art. 23 § 1.
State officers
election: State Constitution Art. 3 § 4.
terms of office: RCW 43.01.010.
Subversive activities, effect of conviction: RCW 9.81.040.
Superior court
county clerk as clerk of: State Constitution Art. 4 § 26.
county "Home Rule" charter not to affect election of judges of: State
Constitution Art. 11 § 4 (Amendment 21).
election and terms of judges: State Constitution Art. 4 § 5.
election contests for first election of: State Constitution Art. 27 § 12.
election of judges
one candidate: State Constitution Art. 4 § 29.
terms of, etc.: State Constitution Art. 4 § 5.
terms of office: RCW 2.08.060 through 2.08.070.
eligibility of judges: State Constitution Art. 4 § 17.
ineligibility of judges (to other office or public employment): State
Constitution Art. 4 § 15.
vacancies, filling those resulting from creation of additional judgeships:
RCW 2.08.069.
vacancy, how filled: RCW 2.08.120.
Supreme court
clerk, legislature may provide for election of: State Constitution Art. 4 §
22.
election and terms of supreme court judges: State Constitution Art. 4 §
3.
election—Term of office: RCW 2.04.071.
[Title 29 RCW—page 3]
Title 29
Title 29 RCW: Elections
eligibility of judges: State Constitution Art. 4 § 17.
ineligibility of judges (to other office or public employment): State
Constitution Art. 4 § 15.
vacancy, how filled: RCW 2.04.100.
Taxing districts, limitation of indebtedness prescribed, election to exceed:
RCW 39.36.020.
Times for holding elections: State Constitution Art. 6 § 8.
Vacancies
governor, office of, election to fill: State Constitution Art. 3 § 10.
public office, how caused: RCW 42.12.010.
term of person elected to fill: RCW 42.12.030.
Voters and voting
absence of certain persons not to affect rights: State Constitution Art. 6
§ 4.
ballot, all elections to be by: State Constitution Art. 6 § 6.
basis for ascertaining number of voters required on referendum petition:
State Constitution Art. 2 § 1.
citizenship qualifications: State Constitution Art. 6 § 1.
disqualification
conviction of infamous crimes: State Constitution Art. 6 § 3.
conviction of subversive act: RCW 9.81.040.
incapacitated persons: RCW 11.88.010, 11.88.090.
mentally incompetent persons: State Constitution Art. 6 § 3.
exempt from military duty on election day: State Constitution Art. 6 § 5.
majority vote as required for approval of measures submitted to popular
vote: State Constitution Art. 2 § 1.
number of voters
on referendum petition: State Constitution Art. 2 § 1(a).
required to propose initiative measures: State Constitution Art. 2 §
1(a).
privilege from arrest, when: State Constitution Art. 6 § 5.
qualifications: State Constitution Art. 6 § 1.
recall of public officer, percentage of voters required for petition: State
Constitution Art. 1 §§ 33, 34.
residence qualification
exceptions: State Constitution Art. 6 § 4.
generally: State Constitution Art. 6 § 1.
restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885,
9.95.260, chapter 9.96 RCW.
Chapter 29.01
DEFINITIONS
Sections
29.01.005
29.01.006
29.01.008
29.01.010
29.01.020
29.01.030
29.01.040
29.01.042
29.01.043
29.01.045
29.01.047
29.01.050
29.01.055
29.01.060
29.01.065
29.01.068
29.01.070
29.01.080
29.01.087
29.01.090
29.01.100
29.01.110
29.01.113
29.01.117
29.01.119
29.01.120
29.01.130
29.01.135
Scope of definitions.
Ballot and related terms.
Canvassing.
City clerk.
City council.
City precinct.
Constituency.
Counting center.
County auditor.
Date of mailing.
Disabled voter.
Election.
Election board.
Election officer.
Elector.
Filing officer.
General election.
Infamous crime.
Local voters’ pamphlet.
Major political party.
Minor political party.
Measures.
Out-of-state voter.
Overseas voter.
Poll-site ballot counting devices.
Precinct.
Primary.
Qualified.
[Title 29 RCW—page 4]
29.01.136 Recount.
29.01.137 Registered voter.
29.01.140 Residence.
29.01.150 Rural precinct.
29.01.155 Service voter.
29.01.160 September primary.
29.01.170 Special election.
29.01.180 Short term.
29.01.200 Voting system, device, tallying system.
Nominations other than by primary, definitions relating to: RCW
29.24.010.
Recall, definitions relating to: RCW 29.82.010.
29.01.005 Scope of definitions. Words and phrases
as defined in this chapter, wherever used in Title 29 RCW,
shall have the meaning as in this chapter ascribed to them,
unless where used the context thereof shall clearly indicate
to the contrary or unless otherwise defined in the chapter of
which they are a part. [1965 c 9 § 29.01.005. For like prior
law see 1907 c 209 § 1, part; RRS § 5177, part.]
29.01.006
Ballot and related terms. As used in this
title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary,
general election, or special election;
(b) A facsimile of the contents of a particular ballot
whether printed on a paper ballot or ballot card or as part of
a voting machine or voting device;
(c) A physical or electronic record of the choices of an
individual voter in a particular primary, general election, or
special election; or
(d) The physical document on which the voter’s choices
are to be recorded;
(2) "Paper ballot" means a piece of paper on which the
ballot for a particular election or primary has been printed,
on which a voter may record his or her choices for any
candidate or for or against any measure, and that is to be
tabulated manually;
(3) "Ballot card" means any type of card or piece of
paper of any size on which a voter may record his or her
choices for any candidate and for or against any measure and
that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the
issues and offices on the ballot in a jurisdiction and is
intended to give voters notice of the issues, offices, and
candidates that are to be voted on at a particular primary,
general election, or special election;
(5) "Special ballot" means a ballot issued to a voter at
the polling place on election day by the precinct election
board, for one of the following reasons:
(a) The voter’s name does not appear in the poll book;
(b) There is an indication in the poll book that the voter
has requested an absentee ballot, but the voter wishes to vote
at the polling place;
(c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified
to vote. [1994 c 57 § 2; 1990 c 59 § 2; 1977 ex.s. c 361 §
1.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
(2002 Ed.)
Definitions
Intent—1990 c 59: "By this act the legislature intends to unify and
simplify the laws and procedures governing filing for elective office, ballot
layout, ballot format, voting equipment, and canvassing." [1990 c 59 § 1.]
Effective date—1990 c 59: "Sections 1 through 6, 8 through 96, and
98 through 112 of this act shall take effect July 1, 1992." [1990 c 59 §
113.]
Effective date—1977 ex.s. c 361: "This 1977 amendatory act shall
take effect January 1, 1978." [1977 ex.s. c 361 § 113.]
Severability—1977 ex.s. c 361: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 361 § 112.]
29.01.008 Canvassing. "Canvassing" means the
process of examining ballots or groups of ballots, subtotals,
and cumulative totals in order to determine the official
returns of and prepare the certification for a primary or
general election and includes the tabulation of any votes for
that primary or election that were not tabulated at the
precinct or in a counting center on the day of the primary or
election. [1990 c 59 § 3.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.01.006
29.01.045 Date of mailing. For registered voters
voting by absentee or voting by mail, "date of mailing"
means the date of the postal cancellation on the envelope in
which the ballot is returned to the election official by whom
it was issued. For all other absentee voters, "date of
mailing" means the date stated by the voter on the envelope
in which the ballot is returned to the election official by
whom it was issued. [1987 c 346 § 3.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.01.047 Disabled voter. "Disabled voter" means
any registered voter who qualifies for special parking
privileges under RCW 46.16.381, or who is defined as blind
under RCW 74.18.020, or who qualifies to require assistance
with voting under RCW 29.51.200. [1987 c 346 § 4.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.01.050 Election. "Election" when used alone
means a general election except where the context indicates
that a special election is included. "Election" when used
without qualification does not include a primary. [1990 c 59
§ 5; 1965 c 9 § 29.01.050. Prior: 1907 c 209 § 1, part;
RRS § 5177(c). See also 1950 ex.s. c 14 § 3.]
29.01.010 City clerk. "City clerk" includes every
officer, by whatever name designated, who performs the
functions usually performed by a city or town clerk. [1965
c 9 § 29.01.010.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.01.020 City council. "City council" includes the
governing body of any city or town, by whatever name it
may be designated. [1965 c 9 § 29.01.020.]
29.01.055 Election board. "Election board" means a
group of election officers serving one precinct or groups of
precincts in a polling place. [1986 c 167 § 1.]
29.01.030 City precinct. A "city precinct" is a voting
precinct lying wholly or partly within a city or town. [1965
c 9 § 29.01.030. Prior: 1957 c 251 § 2; prior: 1939 c 15
§ 1, part; 1933 c 1 § 3, part; RRS § 5114-3, part; prior:
1891 c 104 §§ 1, part, 2, part; RRS §§ 5116, part, 5117,
part.]
29.01.040 Constituency. A "constituency" is a body
of voters having the right to take part in the election of a
specific public officer or group of public officers. [1965 c
9 § 29.01.040.]
Severability—1986 c 167: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 167 § 26.]
29.01.060 Election officer. "Election officer" includes
any officer who has a duty to perform relating to elections
under the provisions of any statute, charter, or ordinance.
[1965 c 9 § 29.01.060.]
29.01.065 Elector. "Elector" means any person who
possesses all of the qualifications to vote under Article VI of
the state Constitution. [1987 c 346 § 2.]
29.01.042 Counting center. "Counting center" means
the facility or facilities designated by the county auditor to
count and canvass mail ballots, absentee ballots, and polling
place ballots that are transferred to a central site to be
counted, rather than being counted by a poll-site ballot
counting device, on the day of a primary or election. [1999
c 158 § 1; 1990 c 59 § 4.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.01.043 County auditor. "County auditor" includes
the county auditor in a noncharter county or the officer,
irrespective of title, having the overall responsibility to
maintain voter registration and to conduct state and local
elections in a charter county. [1984 c 106 § 1.]
29.01.070 General election. "General election" means
an election required to be held on a fixed date recurring at
regular intervals. [1965 c 9 § 29.01.070.]
Effective date—Severability—1984 c 106: See RCW 29.81A.900
and 29.81A.901.
(2002 Ed.)
29.01.068 Filing officer. "Filing officer" means the
county or state officer with whom declarations of candidacy
for an office are required to be filed under this title. [1990
c 59 § 77.]
29.01.080 Infamous crime. An "infamous crime" is
a crime punishable by death in the state penitentiary or
imprisonment in a state correctional facility. [1992 c 7 § 31;
[Title 29 RCW—page 5]
29.01.080
Title 29 RCW: Elections
1965 c 9 § 29.01.080. Prior: Code 1881 § 3054; 1865 p 25
§ 5; RRS § 5113.]
Contests, conviction of felony without reversal or restoration of civil rights
as grounds for: RCW 29.65.010.
Denial of civil rights for conviction of infamous crime: State Constitution
Art. 6 § 3.
29.01.087 Local voters’ pamphlet. "Local voters’
pamphlet" means a pamphlet produced by a county or a
first-class or code city that provides information about ballot
measures or candidates, or both, and other information
related to a primary, special election, or general election.
[1984 c 106 § 2.]
Effective date—Severability—1984 c 106: See RCW 29.81A.900
and 29.81A.901.
29.01.090 Major political party. "Major political
party" means a political party of which at least one nominee
for president, vice president, United States senator, or a
statewide office received at least five percent of the total
vote cast at the last preceding state general election in an
even-numbered year: PROVIDED, That any political party
qualifying as a major political party under the previous
subsection (2) or subsection (3) of this section prior to its
1977 amendment shall retain such status until after the next
state general election following June 30, 1977. [1977 ex.s.
c 329 § 9; 1965 c 9 § 29.01.090. Prior: 1907 c 209 § 6,
part; RRS § 5183, part.]
Partisan primaries, application of chapter: RCW 29.18.010.
Political parties: Chapter 29.42 RCW.
29.01.100 Minor political party. "Minor political
party" means a political organization other than a major
political party. [1965 c 9 § 29.01.100. Prior: 1955 c 102
§ 8; prior: 1907 c 209 § 26, part; RRS § 5203, part.]
Minor party convention: Chapter 29.24 RCW.
Political parties: Chapter 29.42 RCW.
29.01.110 Measures. "Measure" includes any proposition or question submitted to the voters of any specific
constituency. [1965 c 9 § 29.01.110.]
29.01.113 Out-of-state voter. "Out-of-state voter"
means any elector of the state of Washington outside the
state but not outside the territorial limits of the United States
or the District of Columbia. [1987 c 346 § 5.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.01.117 Overseas voter. "Overseas voter" means
any elector of the state of Washington outside the territorial
limits of the United States or the District of Columbia.
[1987 c 346 § 6.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.01.119 Poll-site ballot counting devices. "Poll-site
ballot counting device" means a device programmed to
accept voted ballots at a polling place for the purpose of
tallying and storing the ballots on election day. [1999 c 158
§ 2.]
[Title 29 RCW—page 6]
29.01.120 Precinct. "Precinct" means a geographical
subdivision for voting purposes within or without the limits
of a city or town, whether established by a board of county
commissioners, by a city council, or by the board of supervisors of a township. [1965 c 9 § 29.01.120. Prior: 1933 c
1 § 2; RRS § 5114-2; prior: 1915 c 16 § 1; RRS § 5114.]
29.01.130 Primary. "Primary" or "primary election"
means a statutory procedure for nominating candidates to
public office at the polls. [1965 c 9 § 29.01.130. Prior:
1907 c 209 § 1, part; RRS § 5177(a). See also 1950 ex.s.
c 14 § 2.]
Nonpartisan primaries: Chapter 29.21 RCW.
Partisan primaries: Chapter 29.18 RCW.
Presidential primary: Chapter 29.19 RCW.
Times for holding primaries: Chapter 29.13 RCW.
29.01.135 Qualified. "Qualified" when pertaining to
a winner of an election means that for such election:
(1) The results have been certified;
(2) A certificate has been issued;
(3) Any required bond has been posted; and
(4) The winner has taken and subscribed an oath or
affirmation in compliance with the appropriate statute, or if
none is specified, that he or she will faithfully and impartially discharge the duties of the office to the best of his or her
ability. This oath or affirmation shall be administered and
certified by any officer or notary public authorized to
administer oaths, without charge therefor. [1979 ex.s. c 126
§ 2.]
Purpose—1979 ex.s. c 126: RCW 29.04.170(1).
29.01.136 Recount. "Recount" means the process of
retabulating ballots and producing amended election returns
based on that retabulation, even if the vote totals have not
changed. [2001 c 225 § 1.]
29.01.137 Registered voter. "Registered voter" means
any elector who possesses all of the statutory qualifications
to vote under chapters 29.07 and 29.10 RCW. The terms
"registered voter" and "qualified elector" are synonymous.
[1987 c 346 § 7.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.01.140 Residence. "Residence" for the purpose of
registering and voting means a person’s permanent address
where he physically resides and maintains his abode:
PROVIDED, That no person gains residence by reason of
his presence or loses his residence by reason of his absence:
(1) While employed in the civil or military service of
the state or of the United States;
(2) While engaged in the navigation of the waters of
this state or the United States or the high seas;
(3) While a student at any institution of learning;
(4) While confined in any public prison.
Absence from the state on business shall not affect the
question of residence of any person unless the right to vote
has been claimed or exercised elsewhere. [1971 ex.s. c 178
§ 1; 1965 c 9 § 29.01.140. Prior: 1955 c 181 § 1; prior:
(2002 Ed.)
Definitions
(i) Code 1881 § 3051; 1865 p 25 § 2; RRS § 5110. (ii)
Code 1881 § 3053; 1866 p 8 § 11; 1865 p 25 § 4; RRS §
5111.]
Residence, contingencies affecting: State Constitution Art. 6 § 4.
29.01.150 Rural precinct. "Rural precinct" means a
voting precinct lying wholly outside the limits of a city or
town. [1965 c 9 § 29.01.150. Prior: 1957 c 251 § 3; prior:
1939 c 15 § 1, part; 1933 c 1 § 3, part; RRS § 5114-3, part;
prior: 1891 c 104 §§ 1, part, 2, part; RRS §§ 5116, part,
5117, part.]
29.01.155 Service voter. "Service voter" means any
elector of the state of Washington who is a member of the
armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active
service, is a student or member of the faculty at a United
States military academy, is a member of the merchant
marine of the United States, is a program participant as
defined in RCW 40.24.020, or is a member of a religious
group or welfare agency officially attached to and serving
with the armed forces of the United States. [1991 c 23 § 13;
1987 c 346 § 8.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.01.160 September primary. "September primary"
means the primary election held in September to nominate
candidates to be voted for at the ensuing election. [1965 c
9 § 29.01.160. Prior: 1907 c 209 § 1, part; RRS §
5177(b).]
29.01.170 Special election. "Special election" means
any election that is not a general election. [1965 c 9 §
29.01.170. Prior: Code 1881 § 3056; 1865 p 27 § 2; RRS
§ 5155.]
29.01.180 Short term. "Short term" means the brief
period of time starting upon the completion of the certification of election returns and ending with the start of the full
term on the second Tuesday of the next January immediately
following the election and is applicable only when the office
concerned is being held by an appointee to fill a vacancy
which occurred after the last election, at which such office
could have been voted upon for an unexpired term, prior to
the election for such office for the subsequent full term.
[1975-’76 2nd ex.s. c 120 § 14.]
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
29.01.200 Voting system, device, tallying system.
(1) "Voting system" means a voting device, vote tallying
system, or combination of these together with ballots and
other supplies or equipment used to conduct a primary or
election or to canvass the votes cast in a primary or election;
(2) "Voting device" means a piece of equipment used
for the purpose of or to facilitate the marking of a ballot to
be tabulated by a vote tallying system or a piece of mechanical or electronic equipment used to directly record votes and
to accumulate results for a number of issues or offices from
a series of voters; and
(2002 Ed.)
29.01.140
(3) "Vote tallying system" means a piece of mechanical
or electronic equipment and associated data processing
software used to tabulate votes cast on ballot cards or
otherwise recorded on a voting device or to prepare that
system to tabulate ballot cards or count votes. [1990 c 59 §
6.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Chapter 29.04
GENERAL PROVISIONS
Sections
29.04.001
29.04.010
29.04.020
State policy.
Registration required for voting—Exception.
County auditor as supervisor of certain primaries and elections.
29.04.025 Handling of reports filed under public disclosure law.
29.04.030 Prevention and correction of election frauds and errors.
29.04.035 Prohibition against campaign materials deceptively similar to
voters’ or candidates’ pamphlets.
29.04.040 Precincts—Number of voters—Dividing, altering, or combining—Creating new precincts.
29.04.050 Precincts—Restrictions on precinct boundaries—Designated
by number.
29.04.055 Combining or dividing precincts, election boards.
29.04.060 Publication of election laws by secretary of state.
29.04.070 Secretary of state as chief election officer.
29.04.080 Rules by secretary of state—Data processing systems.
29.04.085 Information in foreign languages.
29.04.088 Voter guide.
29.04.091 Toll-free media and web page.
29.04.095 Definitions for purposes of RCW 29.04.100 through
29.04.120.
29.04.100 Registration, voting records—As public records—
Information furnished—Restrictions, confidentiality.
29.04.110 Registration, voting—Furnishing data upon request—Cost—
Use restricted.
29.04.120 Violations of restricted use of registered voter data—
Penalties—Liabilities.
29.04.140 Maps and census correspondence lists—Apportionment—
Duties of secretary of state.
29.04.150 Computer file of registered voters—County records to secretary of state—Reimbursement.
29.04.160 Computer file—Duplicate copy—Restrictions and penalties.
29.04.170 Local elected officials, commencement of term of office—
Purpose, 1979 ex.s. c 126.
29.04.180 Write-in voting—Candidates, declaration.
29.04.190 Write-in candidates—Notice to auditors, ballot counters.
29.04.200 Voting devices, machines—Recording requirements.
29.04.210 Ballots, voting systems—Rules by secretary of state.
29.04.230 Electronic facsimile documents—Acceptance of.
29.04.235 Electronic facsimile documents—Rules.
29.04.240 Records concerning accuracy and currency of voters lists.
29.04.250 Voter registration data base.
Elections and elective rights: State Constitution Art. 6.
Employer’s duty to provide time to vote: RCW 49.28.120.
29.04.001 State policy. It is the policy of the state of
Washington to encourage every eligible person to register to
vote and to participate fully in all elections, and to protect
the integrity of the electoral process by providing equal
access to the process while guarding against discrimination
and fraud. The election registration laws and the voting laws
of the state of Washington, and the requirements of chapter
41, Laws of 2001, must be administered without discrimination based upon race, creed, color, national origin, sex, or
political affiliation. [2001 c 41 § 1.]
[Title 29 RCW—page 7]
29.04.010
Title 29 RCW: Elections
29.04.010 Registration required for voting—
Exception. Only a registered voter shall be permitted to
vote:
(1) At any election held for the purpose of electing
persons to public office;
(2) At any recall election of a public officer;
(3) At any election held for the submission of a measure
to any voting constituency;
(4) At any primary election.
The provisions of this section shall not apply to township elections. [1965 c 9 § 29.04.010. Prior: 1955 c 181
§ 8; prior: (i) 1933 c 1 § 22, part; RRS § 5114-22, part.
(ii) 1933 c 1 § 23; RRS § 5114-23. See also 1935 c 26 § 3;
RRS § 5189.]
Out-of-state, overseas, service voters, same ballots as registered voters:
RCW 29.36.210.
Subversive activities, disqualification from voting: RCW 9.81.040.
29.04.020 County auditor as supervisor of certain
primaries and elections. The county auditor of each county
shall be ex officio the supervisor of all primaries and
elections, general or special, and it shall be the county
auditor’s duty to provide places for holding such primaries
and elections; to appoint the precinct election officers; to
provide for their compensation; to provide ballot boxes and
ballots or voting machines, poll books, or precinct lists of
registered voters, and tally sheets, and deliver them to the
precinct election officers at the polling places; to publish and
post notices of calling such primaries and elections in the
manner provided by law: PROVIDED, That notice of a
general election held in an even-numbered year shall indicate
that the office of precinct committee officer will be on the
ballot; and to apportion to each city, town, or district, its
share of the expense of such primaries and elections:
PROVIDED, That this section shall not apply to general or
special elections for any city, town, or district which is not
subject to RCW 29.13.010 and 29.13.020, but all such
elections shall be held and conducted at the time, in the
manner, and by the officials (with such notice, requirements
for filing for office, and certifications by local officers) as
provided and required by the laws governing such elections.
[1987 c 295 § 1; 1977 ex.s. c 361 § 2; 1971 ex.s. c 202 § 1;
1965 c 123 § 1; 1965 c 9 § 29.04.020. Prior: 1947 c 182
§ 1, part; Rem. Supp. 1947 § 5166-10, part; prior: 1945 c
194 § 3, part; 1941 c 180 § 1, part; 1935 c 5 § 1, part; 1933
ex.s. c 29 § 1, part; prior: 1933 c 79 § 1, part; 1927 c 279
§ 2, part; 1923 c 53 § 3, part; 1921 c 61 § 5, part; Rem.
Supp. 1945 § 5147, part.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Conduct of elections—Canvass: RCW 29.13.040.
Costs of elections—Shared: RCW 29.13.045, 29.13.047.
General election laws govern primary: RCW 29.18.120.
Oaths of officers, county auditor to provide forms for: RCW 29.45.080.
29.04.025 Handling of reports filed under public
disclosure law. Each county auditor or county elections
official shall ensure that reports filed pursuant to chapter
42.17 RCW are arranged, handled, indexed, and disclosed in
a manner consistent with the rules of the public disclosure
[Title 29 RCW—page 8]
commission adopted under RCW 42.17.375. [1983 c 294 §
2.]
29.04.030 Prevention and correction of election
frauds and errors. Any justice of the supreme court, judge
of the court of appeals, or judge of the superior court in the
proper county shall, by order, require any person charged
with error, wrongful act, or neglect to forthwith correct the
error, desist from the wrongful act, or perform the duty and
to do as the court orders or to show cause forthwith why the
error should not be corrected, the wrongful act desisted from,
or the duty or order not performed, whenever it is made to
appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to
occur in printing the name of any candidate on official
ballots; or
(2) An error other than as provided in subsections (1)
and (3) of this section has been committed or is about to be
committed in printing the ballots; or
(3) The name of any person has been or is about to be
wrongfully placed upon the ballots; or
(4) A wrongful act other than as provided for in
subsections (1) and (3) of this section has been performed or
is about to be performed by any election officer; or
(5) Any neglect of duty on the part of an election
officer other than as provided for in subsections (1) and (3)
of this section has occurred or is about to occur; or
(6) An error or omission has occurred or is about to
occur in the issuance of a certificate of election.
An affidavit of an elector under subsections (1) and (3)
above when relating to a primary election must be filed with
the appropriate court no later than the second Friday following the closing of the filing period for nominations for such
office and shall be heard and finally disposed of by the court
not later than five days after the filing thereof. An affidavit
of an elector under subsections (1) and (3) of this section
when relating to a general election must be filed with the
appropriate court no later than three days following the official certification of the primary election returns and shall be
heard and finally disposed of by the court not later than five
days after the filing thereof. An affidavit of an elector under
subsection (6) of this section shall be filed with the appropriate court no later than ten days following the issuance of a
certificate of election. [1977 ex.s. c 361 § 3; 1973 1st ex.s.
c 165 § 1; 1971 c 81 § 74; 1965 c 9 § 29.04.030. Prior: (i)
1907 c 209 § 25, part; RRS § 5202, part. (ii) 1889 p 407 §
19; RRS § 5276.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Certiorari, mandamus, and prohibition: Chapter 7.16 RCW.
Contests: Chapter 29.65 RCW.
Crimes and penalties: Chapter 29.85 RCW.
29.04.035 Prohibition against campaign materials
deceptively similar to voters’ or candidates’ pamphlets.
No person or entity may publish or distribute any campaign
material that is deceptively similar in design or appearance
to a voters’ pamphlet or candidates’ pamphlet or combination thereof, which pamphlet or combination was published
by the secretary of state during the ten-year period prior to
the publication or distribution by the person or entity. The
(2002 Ed.)
General Provisions
29.04.035
secretary of state shall take reasonable measures to prevent
or to stop violations of this section. Such measures may
include, among others, petitioning the superior court for a
temporary restraining order or other appropriate injunctive
relief. In addition, the secretary may request the superior
court to impose a civil fine on a violator of this section.
The court is authorized to levy on and recover from each
violator a civil fine not to exceed the greater of: (1) Two
dollars for each copy of the deceptive material distributed,
or (2) one thousand dollars. In addition, the violator shall be
liable for the state’s legal expenses and other costs resulting
from the violation. Any funds recovered under this section
shall be transmitted to the state treasurer for deposit in the
general fund. [1984 c 41 § 1.]
boundaries of the precincts. The county auditor shall
thereupon designate the voting place for each such precinct.
(6) In determining the number of active registered voters
for the purposes of this section, persons who are ongoing
absentee voters under *RCW 29.36.013 shall not be counted.
Nothing in this subsection may be construed as altering the
vote tallying requirements of RCW 29.62.090. [1999 c 158
§ 3; 1994 c 57 § 3; 1986 c 167 § 2; 1980 c 107 § 3. Prior:
1977 ex.s. c 361 § 4; 1977 ex.s. c 128 § 1; 1975-’76 2nd
ex.s. c 129 § 3; 1967 ex.s. c 109 § 1; 1965 c 9 § 29.04.040;
prior: (i) 1921 c 178 § 1, part; 1915 c 11 § 1, part; 1907 c
130 § 1, part; 1889 p 402 § 7, part; Code 1881 § 3067, part;
1865 p 30 § 1, part; RRS § 5171, part. (ii) 1907 c 130 § 2,
part; 1889 p 408 § 21, part; RRS § 5278, part. (iii) Code
1881 § 2679; 1854 p 65 § 4, part; No RRS.]
29.04.040 Precincts—Number of voters—Dividing,
altering, or combining—Creating new precincts. (1) No
paper ballot precinct may contain more than three hundred
active registered voters. The county legislative authority
may divide, alter, or combine precincts so that, whenever
practicable, over-populated precincts shall contain no more
than two hundred fifty active registered voters in anticipation
of future growth.
(2) Precinct boundaries may be altered at any time as
long as sufficient time exists prior to a given election for the
necessary procedural steps to be honored. Except as
permitted under subsection (5) of this section, no precinct
boundaries may be changed during the period starting on the
thirtieth day prior to the first day for candidates to file for
the primary election and ending with the day of the general
election.
(3) Precincts in which voting machines or electronic
voting devices are used may contain as many as nine
hundred active registered voters. The number of poll-site
ballot counting devices at each polling place is at the
discretion of the auditor. The number of devices must be
adequate to meet the expected voter turnout.
(4) On petition of twenty-five or more voters resident
more than ten miles from any polling site, the county
legislative authority shall establish a separate voting precinct
therefor.
(5) The county auditor shall temporarily adjust precinct
boundaries when a city or town annexes unincorporated
territory to the city or town. The adjustment shall be made
as soon as possible after the approval of the annexation.
The temporary adjustment shall be limited to the minimum
changes necessary to accommodate the addition of the
territory to the city or town and shall remain in effect only
until precinct boundary modifications reflecting the annexation are adopted by the county legislative authority.
The county legislative authority may establish by
ordinance a limitation on the maximum number of active
registered voters in each precinct within its jurisdiction. The
limitation may be different for precincts based upon the
method of voting used for such precincts and the number
may be less than the number established by law, but in no
case may the number exceed that authorized by law.
The county legislative authority of each county in the
state hereafter formed shall, at their first session, divide their
respective counties into election precincts with two hundred
fifty active registered voters or less and establish the
*Reviser’s note: RCW 29.36.013 was recodified as RCW 29.36.240
pursuant to 2001 c 241 § 25.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Severability—1986 c 167: See note following RCW 29.01.055.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Severability—1977 ex.s. c 128: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 128 § 6.]
Effective date—Severability—1975-’76 2nd ex.s. c 129: See notes
following RCW 29.04.140.
"City precinct" defined: RCW 29.01.030.
"Precinct" defined: RCW 29.01.120.
"Rural precinct" defined: RCW 29.01.150.
(2002 Ed.)
29.04.050 Precincts—Restrictions on precinct
boundaries—Designated by number. (1) Every voting
precinct must be wholly within a single congressional
district, a single legislative district, and a single district of a
county legislative authority.
(2) Every voting precinct shall be composed, as nearly
as practicable, of contiguous and compact areas.
(3) Except as provided in this subsection, changes to the
boundaries of any precinct shall follow visible, physical
features delineated on the most current maps provided by the
United States census bureau. A change need not follow such
visible, physical features if (a) it is necessitated by an
annexation or incorporation and the proposed precinct
boundary is identical to an exterior boundary of the annexed
or incorporated area which does not follow a visible,
physical feature; or (b) doing so would substantially impair
election administration in the involved area.
(4) After a change to precinct boundaries is adopted by
the county legislative authority, the county auditor shall send
to the secretary of state a copy of the legal description and
a map or maps of the changes and, if all or part of the
changes do not follow visible, physical features, a statement
of the applicable exception under subsection (3) of this
section. For boundary changes made pursuant to subsection
(3)(b) of this section, the auditor shall include a statement of
the reasons why following visible, physical features would
have substantially impaired election administration.
(5) Every voting precinct within each county shall be
designated by number for the purpose of preparation of maps
and the tabulation of population for apportionment purposes.
[Title 29 RCW—page 9]
29.04.050
Title 29 RCW: Elections
These precincts may be identified with names or other
numbers for other election purposes.
(6) After a change to precinct boundaries in a city or
town, the county auditor shall send one copy of the map or
maps delineating the new precinct boundaries within that city
or town to the city or town clerk.
(7) Precinct maps are public records and shall be
available for inspection by the public during normal office
hours in the offices where they are kept. Copies shall be
made available to the public for a fee necessary to cover the
cost of reproduction. [1999 c 298 § 1; 1989 c 278 § 1; 1977
ex.s. c 128 § 2; 1965 c 9 § 29.04.050. Prior: 1921 c 178 §
1, part; 1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889 p
402 § 7, part; Code 1881 § 3067, part; 1865 p 30 § 1, part;
RRS § 5171, part.]
Severability—1977 ex.s. c 128: See note following RCW 29.04.040.
29.04.055 Combining or dividing precincts, election
boards. At any special election or primary, the county
auditor may combine, unite, or divide precincts and may
combine or unite election boards for the purpose of holding
such election. At any general election, the county auditor
may combine or unite election boards for the purpose of
holding such election, but shall report all election returns by
individual precinct. [2001 c 241 § 22; 1986 c 167 § 3; 1977
ex.s. c 361 § 5; 1974 ex.s. c 127 § 1; 1965 c 9 § 29.04.055.
Prior: 1963 c 200 § 22; 1951 c 70 § 1.]
Captions not law—2001 c 241: See RCW 29.36.900.
Severability—1986 c 167: See note following RCW 29.01.055.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.04.060 Publication of election laws by secretary
of state. In every year in which state and county officers
are to be elected, the secretary of state shall cause the
election laws of the state then in force to be published in
pamphlet form and distributed through the county auditors at
least twenty days prior to the primary next preceding the
election in sufficient number to place a copy thereof in the
hands of all officers of elections. [1965 c 9 § 29.04.060.
Prior: (i) 1907 c 209 § 16; RRS § 5193. (ii) 1889 p 413 §
34; RRS § 5299.]
Primaries, when held: RCW 29.13.070.
29.04.070 Secretary of state as chief election officer.
The secretary of state through the election division shall be
the chief election officer for all federal, state, county, city,
town, and district elections and it shall be his or her duty to
keep records of such elections held in the state and to make
such records available to the public upon request, and to
coordinate those state election activities required by federal
law. [1994 c 57 § 4; 1965 c 9 § 29.04.070. Prior: 1963 c
200 § 23; 1949 c 161 § 12; Rem. Supp. 1949 § 5147-2.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.04.080 Rules by secretary of state—Data processing systems. The secretary of state shall make rules and
regulations not inconsistent with the federal, state, county,
city, town, and district election laws to facilitate the execution of their provisions in an orderly manner and to that end
shall assist local election officers by devising uniform forms
[Title 29 RCW—page 10]
and procedures. He shall provide uniform regulations
governing the maintenance of voter registration records on
electronic or automatic data processing systems so that the
records of counties using such systems shall be compatible.
He shall supervise the development and use of such systems
to insure that they conform to all the provisions of Title 29
RCW and the regulations provided for in this section. [1971
ex.s. c 202 § 2; 1965 c 9 § 29.04.080. Prior: 1963 c 200 §
24; 1949 c 161 § 13; Rem. Supp. 1949 § 5147-3.]
Absentee voters, secretary of state duties regarding: RCW 29.36.360.
Forms
statement of change in residence of voter, design by secretary of state—
Availability to public: RCW 29.10.150.
statement registered voter is deceased, design by secretary of state: RCW
29.10.090.
Statutory recount proceedings, rules for: RCW 29.64.070.
29.04.085 Information in foreign languages. In
order to encourage the broadest possible voting participation
by all eligible citizens, the secretary of state shall produce
voter registration information in the foreign languages
required of state agencies. This information must be
available no later than January 1, 2002. [2001 c 41 § 3.]
29.04.088 Voter guide. The secretary of state shall
cause to be produced a "voter guide" detailing what constitutes voter fraud and discrimination under state election laws.
This voter guide must be provided to every county election
officer and auditor, and any other person upon request, no
later than January 1, 2002. [2001 c 41 § 4.]
29.04.091 Toll-free media and web page. The
secretary of state shall provide a toll-free media and web
page designed to allow voter communication with the office
of the secretary of state. [2001 c 41 § 5.]
29.04.095 Definitions for purposes of RCW
29.04.100 through 29.04.120. For purposes of RCW
29.04.100 through 29.04.120, the following words shall have
the following meanings:
(1) "County auditor" means the county auditor in any
noncharter county and in a charter county that county official
having the overall responsibility to maintain voter registration information.
(2) "Person" means an individual, partnership, joint
venture, public or private corporation, association, state or
local governmental entity or agency however constituted,
candidate, committee, political committee, political party,
executive committee thereof, or any other organization or
group of persons, however organized.
(3) "Political purpose" means a purpose concerned with
the support of or opposition to any candidate for any partisan
or nonpartisan office or concerned with the support of or
opposition to any ballot proposition or issue; "political
purpose" includes, but is not limited to, such activities as the
advertising for or against any candidate or ballot measure or
the solicitation of financial support. [1973 1st ex.s. c 111 §
1.]
29.04.100 Registration, voting records—As public
records—Information furnished—Restrictions, confidenti(2002 Ed.)
General Provisions
ality. (1) In the case of voter registration records received
through the department of licensing, the identity of the office
at which any particular individual registered to vote is not
available for public inspection and shall not be disclosed to
the public. In the case of voter registration records received
through an agency designated under RCW 29.07.420, the
identity of the agency at which any particular individual
registered to vote is not available for public inspection and
shall not be disclosed to the public. Any record of a
particular individual’s choice not to register to vote at an
office of the department of licensing or a state agency
designated under RCW 29.07.420 is not available for public
inspection and any information regarding such a choice by
a particular individual shall not be disclosed to the public.
(2) All poll books or current lists of registered voters,
except original voter registration forms or their images, shall
be public records and be made available for inspection under
such reasonable rules and regulations as the county auditor
may prescribe. The county auditor shall promptly furnish
current lists or mailing labels of registered voters in his or
her possession, at actual reproduction cost, to any person
requesting such information: PROVIDED, That such lists
and labels shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose
of mailing or delivering any solicitation for money, services,
or anything of value: PROVIDED, HOWEVER, That such
lists and labels may be used for any political purpose. [1994
c 57 § 5; 1975-’76 2nd ex.s. c 46 § 1; 1974 ex.s. c 127 § 2;
1973 1st ex.s. c 111 § 2; 1971 ex.s. c 202 § 3; 1965 ex.s. c
156 § 6.]
Severability—1994 c 57: See note following RCW 10.64.021.
Forms, secretary of state to design—Availability to public: RCW 29.10.150.
Signature required to vote—Procedure if voter unable to sign name: RCW
29.51.060.
29.04.110 Registration, voting—Furnishing data
upon request—Cost—Use restricted. Except original voter
registration forms or their images, a reproduction of any
form of data storage, in the custody of the county auditor,
including poll books and precinct lists of registered voters,
magnetic tapes or discs, punched cards, and any other form
of storage of such books and lists, shall at the written
request of any person be furnished to him or her by the
county auditor pursuant to such reasonable rules and regulations as the county auditor may prescribe, and at a cost equal
to the county’s actual cost in reproducing such form of data
storage. Any data contained in a form of storage furnished
under this section shall not be used for the purpose of
mailing or delivering any advertisement or offer for any
property, establishment, organization, product or service or
for the purpose of mailing or delivering any solicitation for
money, services or anything of value: PROVIDED, HOWEVER, That such data may be used for any political purpose. Whenever the county auditor furnishes any form of
data storage under this section, he or she shall also furnish
the person receiving the same with a copy of RCW
29.04.120. [1994 c 57 § 6; 1973 1st ex.s. c 111 § 3.]
Severability—1994 c 57: See note following RCW 10.64.021.
(2002 Ed.)
29.04.100
29.04.120 Violations of restricted use of registered
voter data—Penalties—Liabilities. (1) Any person who
uses registered voter data furnished under RCW 29.04.100
or 29.04.110 for the purpose of mailing or delivering any
advertisement or offer for any property, establishment,
organization, product, or service or for the purpose of
mailing or delivering any solicitation for money, services, or
anything of value shall be guilty of a felony punishable by
imprisonment in a state correctional facility for a period of
not more than five years or a fine of not more than ten
thousand dollars or both such fine and imprisonment, and
shall be liable to each person provided such advertisement or
solicitation, without the person’s consent, for the nuisance
value of such person having to dispose of it, which value is
herein established at five dollars for each item mailed or
delivered to the person’s residence: PROVIDED, That any
person who mails or delivers any advertisement, offer or
solicitation for a political purpose shall not be liable under
this section, unless the person is liable under subsection (2)
of this section. For purposes of this subsection, two or more
attached papers or sheets or two or more papers which are
enclosed in the same envelope or container or are folded
together shall be deemed to constitute one item. Merely
having a mailbox or other receptacle for mail on or near the
person’s residence shall not be any indication that such
person consented to receive the advertisement or solicitation.
A class action may be brought to recover damages under this
section and the court may award a reasonable attorney’s fee
to any party recovering damages under this section.
(2) It shall be the responsibility of each person furnished
data under RCW 29.04.100 or 29.04.110 to take reasonable
precautions designed to assure that the data is not used for
the purpose of mailing or delivering any advertisement or
offer for any property, establishment, organization, product
or service or for the purpose of mailing or delivering any
solicitation for money, services, or anything of value:
PROVIDED, That such data may be used for any political
purpose. Where failure to exercise due care in carrying out
this responsibility results in the data being used for such
purposes, then such person shall be jointly and severally
liable for damages under the provisions of subsection (1) of
this section along with any other person liable under subsection (1) of this section for the misuse of such data. [1999 c
298 § 2; 1992 c 7 § 32; 1974 ex.s. c 127 § 3; 1973 1st ex.s.
c 111 § 4.]
29.04.140 Maps and census correspondence lists—
Apportionment—Duties of secretary of state. (1) With
regard to functions relating to census, apportionment, and the
establishment of legislative and congressional districts, the
secretary of state shall:
(a) Adopt rules pursuant to chapter 34.05 RCW governing the preparation, maintenance, distribution, review, and
filing of precinct maps under RCW 29.04.050;
(b) Coordinate and monitor precinct mapping functions
of the county auditors and county engineers;
(c) Maintain official state base maps and correspondence
lists and maintain an index of all such maps and lists;
(d) Furnish to the United States bureau of the census as
needed for the decennial census of population, current,
accurate, and easily readable versions of maps of all coun[Title 29 RCW—page 11]
29.04.140
Title 29 RCW: Elections
ties, cities, towns, and other areas of this state, which
indicate current precinct boundaries together with copies of
the census correspondence lists.
(2) The secretary of state shall serve as the state liaison
with the United States bureau of census on matters relating
to the preparation of maps and the tabulation of population
for apportionment purposes. [1989 c 278 § 2; 1977 ex.s. c
128 § 4; 1975-’76 2nd ex.s. c 129 § 2.]
Severability—1977 ex.s. c 128: See note following RCW 29.04.040.
Effective date—1975-’76 2nd ex.s. c 129: "This 1976 amendatory
act shall take effect on February 1, 1977." [1975-’76 2nd ex.s. c 129 § 5.]
Severability—1975-’76 2nd ex.s. c 129: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 129
§ 6.]
29.04.150 Computer file of registered voters—
County records to secretary of state—Reimbursement.
(1) No later than June 15th or November 15th, any political
party organization or any other individual may request in
writing from the secretary of state to receive a copy of the
subsequent statewide computer file of registered voters
compiled under subsection (2) of this section. At the time
it makes this request, the political party or individual shall
deposit sufficient funds with the secretary of state to pay for
the cost of assembling, compiling, and distributing the
computer file of registered voters and shall agree to the statutory restrictions regarding the commercial use of this data.
(2) Not earlier than January 1st or July 1st subsequent
to the receipt of a request and deposit under subsection (1)
of this section, each county auditor shall provide to the
secretary of state, or a data processing agency designated by
the secretary of state, a duplicate computer tape or data file
of the records of the registered voters in that county, containing the information specified in RCW 29.07.220. The
secretary of state shall reimburse each county for the actual
cost of reproduction and mailing of the duplicate computer
tape or data file. [1993 c 441 § 1; 1975-’76 2nd ex.s. c 46
§ 2.]
Effective date—1993 c 441: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 441 § 3.]
29.04.160 Computer file—Duplicate copy—
Restrictions and penalties. As soon as any or all of the
voter registration data from the counties has been received
under RCW 29.04.150 and processed, the secretary of state
shall provide a duplicate copy of this data to the political
party organization or other individual making the request, at
cost, shall provide a duplicate copy of the master statewide
computer tape or data file of registered voters to the statute
law committee without cost, and shall provide a duplicate
copy of the master statewide computer tape or electronic
data file of registered voters to the department of information
services for purposes of creating the jury source list without
cost. Restrictions as to the commercial use of the information on the statewide computer tape or data file of registered
voters, and penalties for its misuse, shall be the same as
provided in RCW 29.04.110 and 29.04.120 as now existing
or hereafter amended. [1995 c 135 § 2. Prior: 1993 c 441
[Title 29 RCW—page 12]
§ 2; 1993 c 408 § 10; 1977 ex.s. c 226 § 1; 1975-’76 2nd
ex.s. c 46 § 3.]
Intent—1995 c 135: "The only intent of the legislature in this act is
to correct multiple amendments and delete obsolete provisions. It is not the
intent of the legislature to change the substance or effect of any presently
effective statute." [1995 c 135 § 1.]
Effective date—1993 c 441: See note following RCW 29.04.150.
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
29.04.170 Local elected officials, commencement of
term of office—Purpose, 1979 ex.s. c 126. (1) The
legislature finds that certain laws are in conflict governing
the election of various local officials. The purpose of
chapter 126, Laws of 1979 ex. sess. is to provide a common
date for the assumption of office for all the elected officials
of counties, cities, towns, and special purpose districts other
than school districts where the ownership of property is not
a prerequisite of voting. A person elected to the office of
school director begins his or her term of office at the first
official meeting of the board of directors after certification
of the election results. It is also the purpose of chapter 126,
Laws of 1979 ex. sess. to remove these conflicts and delete
old statutory language concerning such elections which is no
longer necessary.
(2) For elective offices of counties, cities, towns, and
special purpose districts other than school districts where the
ownership of property is not a prerequisite of voting, the
term of incumbents shall end and the term of successors
shall begin after the successor is elected and qualified, and
the term shall commence immediately after December 31st
following the election, except as follows:
(a) Where the term of office varies from this standard
according to statute; and
(b) If the election results have not been certified prior
to January 1st after the election, in which event the time of
commencement for the new term shall occur when the
successor becomes qualified in accordance with RCW
29.01.135.
(3) For elective offices governed by this section, the
oath of office shall be taken as the last step of qualification
as defined in RCW 29.01.135 but may be taken either:
(a) Up to ten days prior to the scheduled date of
assuming office; or
(b) At the last regular meeting of the governing body of
the applicable county, city, town, or special district held
before the winner is to assume office. [1999 c 298 § 3;
1980 c 35 § 7; 1979 ex.s. c 126 § 1.]
Severability—1980 c 35: See note following RCW 28A.343.300.
29.04.180 Write-in voting—Candidates, declaration.
Any person who desires to be a write-in candidate and have
such votes counted at a primary or election may, if the
jurisdiction of the office sought is entirely within one county,
file a declaration of candidacy with the county auditor not
later than the day before the primary or election. If the
jurisdiction of the office sought encompasses more than one
county the declaration of candidacy shall be filed with the
secretary of state not later than the day before the primary or
election. Declarations of candidacy for write-in candidates
must be accompanied by a filing fee in the same manner as
(2002 Ed.)
General Provisions
required of other candidates filing for the office as provided
in RCW 29.15.050.
Votes cast for write-in candidates who have filed such
declarations of candidacy and write-in votes for persons
appointed by political parties pursuant to RCW 29.18.160
need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in
votes cast for any other candidate, in order to be counted,
must designate the office sought and position number or
political party, if applicable. In order for write-in votes to
be valid in jurisdictions employing optical-scan mark sense
ballot systems the voter must complete the proper mark next
to the write-in line for that office.
No person may file as a write-in candidate where:
(1) At a general election, the person attempting to file
either filed as a write-in candidate for the same office at the
preceding primary or the person’s name appeared on the
ballot for the same office at the preceding primary;
(2) The person attempting to file as a write-in candidate
has already filed a valid write-in declaration for that primary
or election, unless one or the other of the two filings is for
the office of precinct committeeperson;
(3) The name of the person attempting to file already
appears on the ballot as a candidate for another office, unless
one of the two offices for which he or she is a candidate is
precinct committeeperson.
The declaration of candidacy shall be similar to that
required by RCW 29.15.010. No write-in candidate filing
under RCW 29.04.180 may be included in any voter’s
pamphlet produced under *chapter 29.80 RCW unless that
candidate qualifies to have his or her name printed on the
general election ballot. The legislative authority of any
jurisdiction producing a local voter’s pamphlet under chapter
29.81A RCW may provide, by ordinance, for the inclusion
of write-in candidates in such pamphlets. [1999 c 157 § 1;
1995 c 158 § 1; 1990 c 59 § 100; 1988 c 181 § 1.]
*Reviser’s note: Chapter 29.80 RCW was repealed by 1999 c 260
§ 13. For later enactment, see chapter 29.81 RCW.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.04.190 Write-in candidates—Notice to auditors,
ballot counters. The secretary of state shall notify each
county auditor of any declarations filed with the secretary
under RCW 29.04.180 for offices appearing on the ballot in
that county. The county auditor shall ensure that those
persons charged with counting the ballots for a primary or
election are notified of all valid write-in candidates before
the tabulation of those ballots. [1988 c 181 § 2.]
29.04.200 Voting devices, machines—Recording
requirements. (1) Beginning January 1, 1993, no voting
device or machine may be used in a county with a population of seventy thousand or more to conduct a primary or
general or special election in this state unless it correctly
records on a separate ballot the votes cast by each elector for
any person and for or against any measure and such separate
ballots are available for audit purposes after such a primary
or election.
(2) Beginning January 1, 1993, the secretary of state
shall not certify under this title any voting device or machine
(2002 Ed.)
29.04.180
for use in conducting a primary or general or special election
in this state unless the device or machine correctly records
on a separate ballot the votes cast by each elector for any
person and for or against any measure and such separate
ballots are available for audit purposes after such a primary
or election.
(3) Beginning January 1, 1993, a county with a population of less than seventy thousand may use a voting machine
or device for conducting a primary or general or special
election which does not record on a separate ballot, available
for audit purposes after the primary or election, the votes
cast by each elector for any person and for or against any
measure if:
(a) The device was certified under this title before
January 1, 1993, for use in this state;
(b) The device otherwise satisfies the requirements of
this title; and
(c) Not more than twenty percent of the votes cast
during any primary or general or special election conducted
after January 1, 1998, in the county are cast using such a
machine or device.
(4) The purpose of subsection (3) of this section is to
permit less populous counties to replace voting equipment in
stages over several years. These less populous counties are,
nonetheless, encouraged to secure as expeditiously as
possible voting equipment which would satisfy the requirements of subsection (1) of this section established for more
populous counties. [1998 c 245 § 26; 1991 c 363 § 30;
1990 c 184 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Voting devices, tallying systems, requirements for approval: RCW
29.33.300, 29.33.320.
29.04.210 Ballots, voting systems—Rules by secretary of state. The secretary of state shall adopt rules to:
(1) Establish standards for the design, layout, and
production of ballots;
(2) Provide for the examination and testing of voting
systems for certification;
(3) Specify the source and scope of independent
evaluations of voting systems that may be relied upon in
certifying voting systems for use in this state;
(4) Establish standards and procedures for the acceptance testing of voting systems by counties;
(5) Establish standards and procedures for testing the
programming of vote tallying software for specific primaries
and elections;
(6) Establish standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where
vote tallying systems are used;
(7) Establish standards and procedures to ensure the
accurate tabulation and canvassing of ballots;
(8) Provide consistency among the counties of the state
in the preparation of ballots, the operation of vote tallying
systems, and the canvassing of primaries and elections;
(9) Ensure the secrecy of a voter’s ballot when a small
number of ballots are counted at the polls or at a counting
center;
(10) Govern the use of substitute devices or means of
voting when a voting device at the polling place is found to
[Title 29 RCW—page 13]
29.04.210
Title 29 RCW: Elections
be defective, the counting of votes cast on the defective
device and from the substitute device or means, and the
documentation that must be submitted to the county auditor
regarding such circumstances; and
(11) Govern the transportation of sealed containers of
voted ballots or sealed voting devices.
The secretary shall publish proposed rules implementing
this section not later than December 15, 1991. [1990 c 59
§ 7.]
Intent—1990 c 59: See note following RCW 29.01.006.
29.04.230 Electronic facsimile documents—
Acceptance of. The secretary of state or a county auditor
shall accept and file in his or her office electronic facsimile
transmissions of the following documents:
(1) Declarations and affidavits of candidacy;
(2) County canvass reports;
(3) Candidates’ pamphlet statements;
(4) Arguments for and against ballot measures that will
appear in a voters’ pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the
secretary of state;
(7) Direction by the secretary of state for the conduct of
a mandatory recount;
(8) Requests for absentee ballots;
(9) Any other election related document authorized by
rule adopted by the secretary of state under RCW 29.04.235.
The acceptance by the secretary of state or the county
auditor is conditional upon the document being filed in a
timely manner, being legible, and otherwise satisfying the
requirements of state law or rules with respect to form and
content.
If the original copy of a document must be signed and
a copy of the document is filed by facsimile transmission
under this section, the original copy shall be subsequently
filed with the official with whom the facsimile was filed.
The original copy shall be filed by a deadline established by
the secretary by rule. The secretary may by rule require that
the original of any document, a copy of which is filed by
facsimile transmission under this section, also be filed by a
deadline established by the secretary by rule. [1991 c 186
§ 1.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.04.250 Voter registration data base. (Expires
January 1, 2005.) (1) The office of the secretary of state
shall work in conjunction with the county auditors of the
state of Washington to initiate the creation of a statewide
voter registration data base. The secretary of state shall
identify a group of voter registration experts whose responsibility will be to work on a design for the voter registration
data base system. The secretary of state shall report back
the findings of this group to the legislature no later than February 1, 2003.
(2) Among the intended goals the voter registration data
base must be designed to accomplish at a minimum, are the
following:
(a) Identify duplicate voter registrations;
(b) Identify suspected duplicate voters;
(c) Screen against the department of corrections data
base to aid in the cancellation of voter registration of felons;
(d) Provide up-to-date signatures of voters for the
purposes of initiative signature checking;
(e) Provide for a comparison between the voter registration data base and the department of licensing change of
address data base;
(f) Provide online access for county auditors with the
goal of real time duplicate checking and update capabilities,
if sufficient funds are available;
(g) Provide for the cancellation of voter registration for
persons who have moved to other states and surrendered
their Washington state drivers’ licenses;
(h) Ensure that each county shall maintain legal control
of the registration records for that county. [2002 c 21 § 2.]
Finding—2002 c 21: "The legislature recognizes that national task
forces studying election issues have identified statewide voter registration
systems as important tools for protecting the integrity of elections, and it is
likely that federal funds will be made available for states that employ
statewide voter registration systems. Therefore, the legislature finds a need
for the state of Washington to begin the process of creating such a system."
[2002 c 21 § 1.]
Effective date—2002 c 21: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect May 1,
2002." [2002 c 21 § 3.]
Expiration date—2002 c 21: "This act expires January 1, 2005."
[2002 c 21 § 4.]
29.04.235 Electronic facsimile documents—Rules.
The secretary of state shall adopt rules in accordance with
chapter 34.05 RCW to implement RCW 29.04.230. [1991
c 186 § 2.]
29.04.240 Records concerning accuracy and currency of voters lists. Each county auditor shall maintain for at
least two years and shall make available for public inspection and copying all records concerning the implementation
of programs and activities conducted for the purpose of
insuring the accuracy and currency of official lists of eligible
voters. These records must include lists of the names and
addresses of all persons to whom notices are sent and information concerning whether or not each person has responded
to the notices. These records must contain lists of all
persons removed from the list of eligible voters and the
reasons why the voters were removed. [1994 c 57 § 7.]
[Title 29 RCW—page 14]
Chapter 29.07
VOTER REGISTRATION
Sections
29.07.005
29.07.010
29.07.025
29.07.030
29.07.070
29.07.080
29.07.090
29.07.092
29.07.100
29.07.110
29.07.115
Definition.
County auditor as chief registrar of voters, custodian of
records—Registration assistants.
Voter registration in state offices, colleges.
Expense of registration.
Voter qualification information—Verification notice.
Oath of applicant.
Signature card.
New registration or transfer—Acknowledgment—
Cancellation of previous registration.
Registration assistance by city and town clerks.
Time and places for registration—Deputy registrars outside
county courthouse.
Registration records—Weekly transmittal.
(2002 Ed.)
Voter Registration
29.07.120
29.07.130
Registrar’s cards—Weekly transmittal—Exemption.
Registration records—Originals and automated files—Public
access.
29.07.140 Application form—Single completion—Furnished by secretary of state.
29.07.152 Late registration—Special procedure.
29.07.160 Closing registration files—Notice.
29.07.170 Delivery of precinct lists to polls.
29.07.180 Return of precinct lists after election—Public records.
29.07.220 Computer file of voter registration records—Establishment—
Duties of county auditor.
29.07.230 Payment to counties for maintenance of voter registration
records on electronic data processing systems.
29.07.240 Computer file of voter registration records—Rules—
Assistance.
29.07.250 Handling of reports filed under public disclosure law.
29.07.260 Registration with driver’s license application or renewal.
29.07.270 Duties of secretary of state, department of licensing, county
auditors—Address changes.
29.07.280 Forwarding of forms to voter’s county.
29.07.290 Records—Correction, sorting, transmittal.
29.07.300 Delivery of files to auditors—Address changes.
29.07.310 Driver licensing and voter registration—Duties of secretary
of state.
29.07.320 Driver licensing and voter registration—Funding.
29.07.400 Registration law—Officials’ violations.
29.07.405 Disenfranchisement or discrimination—Penalty.
29.07.410 Registration law—Voter violations.
29.07.420 Designation of agencies providing registration services.
29.07.430 Registration or transfer at designated agencies—Form and
application.
29.07.440 Registration at designated agencies—Procedures.
29.07.450 Duties of secretary of state.
Disqualification from voting
incapacitated persons: RCW 11.88.010, 11.88.090.
mentally incompetent persons: State Constitution Art. 6 § 3.
persons convicted of infamous crimes: State Constitution Art. 6 § 3.
Out-of-state, overseas, service voters, same ballots as registered voters:
RCW 29.36.210.
Registration
state Constitution Art. 6 § 7.
status, transfers, and cancellations: Chapter 29.10 RCW.
Residence defined for purpose of registering and voting: RCW 29.01.140.
29.07.005 Definition. "Information required for voter
registration" means the minimum information provided on a
voter registration application that is required by the county
auditor in order to place a voter registration applicant on the
voter registration rolls. This information includes the
applicant’s name, complete residence address, date of birth,
and a signature attesting to the truth of the information
provided on the application. All other information supplied
is ancillary and not to be used as grounds for not registering
an applicant to vote. [1994 c 57 § 9.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.010 County auditor as chief registrar of
voters, custodian of records—Registration assistants. (1)
In all counties, the county auditor shall be the chief registrar
of voters for every precinct within the county. The auditor
may appoint a registration assistant for each precinct or
group of precincts and shall appoint city or town clerks as
registration assistants to assist in registering persons residing
in cities, towns, and rural precincts within the county.
(2) In addition, the auditor may appoint a registration
assistant for each common school. The auditor may appoint
a registration assistant for each fire station.
(2002 Ed.)
Chapter 29.07
(3) A registration assistant must be a registered voter.
Except for city and town clerks, each registration assistant
holds office at the pleasure of the county auditor.
(4) The county auditor shall be the custodian of the
official registration records of that county. The county
auditor shall ensure that mail-in voter registration application
forms are readily available to the public at locations to
include but not limited to the elections office, and all common schools, fire stations, and public libraries. [1999 c 298
§ 4; 1994 c 57 § 8; 1984 c 211 § 3; 1980 c 48 § 1; 1971
ex.s. c 202 § 4; 1965 c 9 § 29.07.010. Prior: 1957 c 251 §
4; prior: 1939 c 15 § 1, part; 1933 c 1 § 3, part; RRS §
5114-3, part; prior: 1891 c 104 §§ 1, part, 2, part; RRS §§
5116, part, 5117, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
Intent—1984 c 211: See note following RCW 29.07.025.
Rural precinct defined: RCW 29.01.150.
29.07.025 Voter registration in state offices, colleges. (1) Each state agency designated under RCW 29.07.420
shall provide voter registration services for employees and
the public within each office of that agency.
(2) The secretary of state shall design and provide a
standard notice informing the public of the availability of
voter registration, which notice shall be posted in each state
agency where such services are available.
(3) The secretary of state shall design and provide
standard voter registration forms for use by these state
agencies.
(4) Each institution of higher education shall put in
place an active prompt on its course registration web site, or
similar web site that students actively and regularly use, that,
if selected, will link the student to the secretary of state’s
voter registration web site. The prompt must ask the student
if he or she wishes to register to vote. [2002 c 185 § 3;
1994 c 57 § 10; 1984 c 211 § 2.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Intent—1984 c 211: "It is the intention of the legislature, in order to
encourage the broadest possible participation in the electoral process by the
citizens of the state of Washington, to make voter registration services
available in state offices which have significant contact with the public."
[1984 c 211 § 1.]
29.07.030 Expense of registration. The expense of
registration in all rural precincts shall be paid by the county;
in all precincts lying wholly within a city or town by the city
or town. In precincts lying partly within and partly outside
of a city or town, the expense of registration shall be
apportioned between the county and city or town according
to the number of voters registered in the precinct living
within the city or town and the number living outside of it.
[1965 c 9 § 29.07.030. Prior: 1939 c 82 § 1, part; 1933 c
1 § 4, part; RRS § 5114-4, part; prior: 1891 c 104 § 4; RRS
§ 5119.]
29.07.070 Voter qualification information—
Verification notice. Except as provided under RCW
29.07.260, an applicant for voter registration shall complete
an application providing the following information concerning his or her qualifications as a voter in this state:
[Title 29 RCW—page 15]
29.07.070
Title 29 RCW: Elections
(1) The address of the last former registration of the
applicant as a voter in the state;
(2) The applicant’s full name;
(3) The applicant’s date of birth;
(4) The address of the applicant’s residence for voting
purposes;
(5) The mailing address of the applicant if that address
is not the same as the address in subsection (4) of this
section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the
United States; and
(8) Any other information that the secretary of state
determines is necessary to establish the identity of the
applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
If the applicant fails to provide the information required
for voter registration, the auditor shall send the applicant a
verification notice. The auditor shall not register the
applicant until the required information is provided. If a
verification notice is returned as undeliverable or the
applicant fails to respond to the notice within forty-five days,
the auditor shall not register the applicant to vote.
The following warning shall appear in a conspicuous
place on the voter registration form:
"If you knowingly provide false information on this
voter registration form or knowingly make a false declaration
about your qualifications for voter registration you will have
committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand
dollars, or both imprisonment and fine."
[1994 c 57 § 11; 1990 c 143 § 7; 1973 1st ex.s. c 21 § 3;
1971 ex.s. c 202 § 9; 1965 c 9 § 29.07.070. Prior: 1947 c
68 § 3, part; 1933 c 1 § 11, part; Rem. Supp. 1947 §
5114-11, part; prior: 1921 c 177 § 7, part; 1915 c 16 § 8,
part; 1901 c 135 § 4, part; 1893 c 45 § 3, part; 1889 p 416
§ 8, part; RRS § 5126, part.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29.07.260.
Civil disabilities of wife abolished: RCW 26.16.160.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29.10.097.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Copy of instrument restoring civil rights as evidence: RCW 5.44.090.
Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 5).
Residence defined: RCW 29.01.140.
Subversive activities as disqualification for voting: RCW 9.81.040.
United States constitutional amendment conventions, delegates, qualifications of voters: RCW 29.74.090.
29.07.080 Oath of applicant. For voter registrations
executed under RCW 29.07.070, the registrant shall sign the
following oath:
"I declare that the facts on this voter registration form
are true. I am a citizen of the United States, I am not
presently denied my civil rights as a result of being convict[Title 29 RCW—page 16]
ed of a felony, I will have lived in Washington at this
address for thirty days immediately before the next election
at which I vote, and I will be at least eighteen years old
when I vote."
[1994 c 57 § 12; 1990 c 143 § 8; 1973 1st ex.s. c 21 § 4;
1971 ex.s. c 202 § 10; 1965 c 9 § 29.07.080. Prior: 1933
c 1 § 12; RRS § 5114-12.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29.07.260.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29.10.097.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29.07.090 Signature card. At the time of registering,
a voter shall sign his or her name upon a signature card to
be transmitted to the secretary of state. The voter shall also
provide his or her first name followed by the last name or
names and the name of the county in which he or she is
registered. [1994 c 57 § 13; 1973 1st ex.s. c 21 § 5; 1971
ex.s. c 202 § 11; 1965 c 9 § 29.07.090. Prior: 1933 c 1 §
13, part; RRS § 5114-13, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.092 New registration or transfer—
Acknowledgment—Cancellation of previous registration.
The county auditor shall acknowledge each new voter registration or transfer by providing or sending the voter a card
identifying his current precinct and containing such other
information as may be prescribed by the secretary of state.
When a person who has previously registered to vote in a
jurisdiction applies for voter registration in a new jurisdiction, the person shall provide on the registration form, all
information needed to cancel any previous registration. The
county auditor shall forward any information pertaining to
the voter’s prior voter registration to the county where the
voter was previously registered, so that registration may be
canceled. If the prior voter registration is in another state,
the notification must be made to the state elections office of
that state. A county auditor receiving official information
that a voter has registered to vote in another jurisdiction
shall immediately cancel that voter’s registration. [2001 c
41 § 6; 1975 1st ex.s. c 184 § 1; 1973 c 153 § 2.]
Severability—1975 1st ex.s. c 184: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 184 § 5.]
29.07.100 Registration assistance by city and town
clerks. In cities and towns, clerks shall provide voter
registration assistance during the normal business hours of
the office. [1994 c 57 § 14; 1971 ex.s. c 202 § 13; 1965 c
9 § 29.07.100. Prior: 1957 c 251 § 10; prior: 1947 c 68 §
1, part; 1945 c 95 § 1, part; 1933 c 1 § 6, part; Rem. Supp.
1947 § 5114-6, part; prior: 1919 c 163 § 6, part; 1915 c 16
§ 6, part; 1901 c 35 § 5, part; 1893 c 45 § 1, part; 1889 p
415 § 6, part; RRS § 5124, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
(2002 Ed.)
Voter Registration
29.07.110 Time and places for registration—Deputy
registrars outside county courthouse. Every deputy
registrar located outside the county courthouse shall keep
registration supplies at his usual place of residence or usual
place of business at reasonable hours and at the end of each
week mail to the county auditor the cards of those who have
registered during the week: PROVIDED, That with the
written consent of the county auditor a deputy registrar may
designate some centrally located place for registration in lieu
of the usual place where registration supplies are kept by
giving notice thereof in such manner as he may deem
expedient stating therein the days and hours when the place
will be open for registration: PROVIDED FURTHER, That
such consent of the county auditor may include authorization
for door-to-door registration including registration from a
portable office as in a trailer and the person or persons so
deputized may register all eligible electors residing in any
precinct within the county concerned. [1971 ex.s. c 202 §
15; 1965 c 9 § 29.07.110. Prior: 1957 c 251 § 11; prior:
1947 c 68 § 1, part; 1945 c 95 § 1, part; 1933 c 1 § 6, part;
Rem. Supp. 1947 § 5114-6, part; prior: 1919 c 163 § 6,
part; 1915 c 16 § 6, part; 1901 c 135 § 5, part; 1893 c 45 §
1, part; 1889 p 415 § 6, part; RRS § 5124, part.]
29.07.115 Registration records—Weekly transmittal. A person or organization collecting voter registration
application forms must transmit the forms to the secretary of
state or a designee at least once weekly. [1994 c 57 § 15;
1971 ex.s. c 202 § 23.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.120 Registrar’s cards—Weekly transmittal—
Exemption. Once each week the county auditor shall
transmit all cards required by RCW 29.07.090 to the
secretary of state. The secretary of state may exempt a
county auditor who is providing electronic voter registration
and electronic voter signature information to the secretary of
state from the requirements of this section. [1999 c 298 §
5; 1994 c 57 § 16; 1971 ex.s. c 202 § 16; 1965 c 9 §
29.07.120. Prior: 1933 c 1 § 13, part; RRS § 5114-13,
part.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.130 Registration records—Originals and
automated files—Public access. (1) The cards required by
RCW 29.07.090 shall be kept on file in the office of the
secretary of state in such manner as will be most convenient
for, and for the sole purpose of, checking initiative and
referendum petitions. The secretary may maintain an
automated file of voter registration information for any
county or counties in lieu of filing or maintaining these voter
registration cards if the automated file includes all of the
information from the cards including, but not limited to, a
retrievable facsimile of the signature of each voter of that
county or counties. Such an automated file may be used
only for the purpose authorized for the use of the cards.
(2) The county auditor shall have custody of the voter
registration records for each county. The original voter
registration form, as established by RCW 29.07.070, shall be
filed alphabetically without regard to precinct and shall be
considered confidential and unavailable for public inspection
(2002 Ed.)
29.07.110
and copying. An automated file of all registered voters shall
be maintained pursuant to RCW 29.07.220. An auditor may
maintain the automated file in lieu of filing or maintaining
the original voter registration forms if the automated file
includes all of the information from the original voter registration forms including, but not limited to, a retrievable
facsimile of each voter’s signature.
(3) The following information contained in voter
registration records or files regarding a voter or a group of
voters is available for public inspection and copying: The
voter’s name, gender, voting record, date of registration, and
registration number. The address of a registered voter or
addresses of a group of voters are available for public
inspection and copying except to the extent that the address
of a particular voter is not so available under RCW
42.17.310(1)(bb). The political jurisdictions within which a
voter or group of voters reside are also available for public
inspection and copying except that the political jurisdictions
within which a particular voter resides are not available for
such inspection and copying if the address of the voter is not
so available under RCW 42.17.310(1)(bb). No other information from voter registration records or files is available for
public inspection or copying. [1994 c 57 § 17; 1991 c 81 §
21; 1971 ex.s. c 202 § 17; 1965 c 9 § 29.07.130. Prior:
1933 c 1 § 13, part; RRS § 5114-13, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29.85.010.
29.07.140 Application form—Single completion—
Furnished by secretary of state. (1) The secretary of state
shall specify by rule the format of all voter registration
applications. These applications shall be compatible with
existing voter registration records. An applicant for voter
registration shall be required to complete only one application and to provide the required information other than his
or her signature no more than one time. These applications
shall also contain information for the voter to transfer his or
her registration.
Any application format specified by the secretary for
use in registering to vote in state and local elections shall
satisfy the requirements of the National Voter Registration
Act of 1993 (P.L. 103-31) for registering to vote in federal
elections.
(2) The secretary of state shall adopt by rule a uniform
data format for transferring voter registration records on
machine-readable media.
(3) All registration applications required under RCW
29.07.070 and 29.07.260 shall be produced and furnished by
the secretary of state to the county auditors and the department of licensing.
(4) The secretary of state shall produce and distribute
any instructional material and other supplies needed to
implement RCW 29.07.260 through 29.07.300 and
46.20.155.
(5) Any notice or statement that must be provided under
the National Voter Registration Act of 1993 (P.L. 103-31) to
prospective registrants concerning registering to vote in
federal elections shall also be provided to prospective
registrants concerning registering to vote under this title in
state and local elections as well as federal elections. [1994
c 57 § 18; 1990 c 143 § 9; 1973 1st ex.s. c 21 § 7; 1971
[Title 29 RCW—page 17]
29.07.140
Title 29 RCW: Elections
ex.s. c 202 § 18; 1965 c 9 § 29.07.140. Prior: (i) 1933 c 1
§ 30; RRS § 5114-30. (ii) 1933 c 1 § 13, part; RRS § 511413, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.152 Late registration—Special procedure.
This section establishes a special procedure which an elector
may use to register to vote during the period beginning after
the closing of registration for voting at the polls under RCW
29.07.160 and ending on the fifteenth day before a primary,
special election, or general election. During this period, the
unregistered qualified elector may register to vote in person
in the office of the county auditor or at a voter registration
location specifically designated for this purpose by the
county auditor of the county in which the applicant resides,
and apply for an absentee ballot for that primary or election.
The auditor or voter registrar shall register that individual in
the manner provided in this chapter. The application for an
absentee ballot executed by the newly registered voter for
the primary or election that follows the execution of the
registration shall be promptly transmitted to the auditor with
the completed voter registration form. [1993 c 383 § 1.]
29.07.160 Closing registration files—Notice. The
registration files of all precincts shall be closed against
original registration or transfers for thirty days immediately
preceding every primary, special election, and general
election to be held in such precincts.
The county auditor shall give notice of the closing of
the precinct files for original registration and transfer and
notice of the special registration and voting procedure
provided by RCW 29.07.152 by one publication in a
newspaper of general circulation in the county at least five
days before the closing of the precinct files.
No person may vote at any primary, special election, or
general election in a precinct polling place unless he or she
has registered to vote at least thirty days before that primary
or election. If a person, otherwise qualified to vote in the
state, county, and precinct in which he or she applies for
registration, does not register at least thirty days before any
primary, special election, or general election, he or she may
register and vote by absentee ballot for that primary or
election under RCW 29.07.152. [1993 c 383 § 2; 1980 c 3
§ 4; 1974 ex.s. c 127 § 4; 1971 ex.s. c 202 § 20; 1965 c 9
§ 29.07.160. Prior: 1947 c 68 § 2; 1933 c 1 § 9; Rem.
Supp. 1947 § 5114-9.]
29.07.170 Delivery of precinct lists to polls. Upon
closing of the registration files preceding an election, the
county auditor shall deliver the precinct lists of registered
voters to the inspector or one of the judges of each precinct
or group of precincts located at the polling place before the
polls open. [1994 c 57 § 19; 1971 ex.s. c 202 § 21; 1965 c
9 § 29.07.170. Prior: 1957 c 251 § 8; prior: 1933 c 1 §
10, part; RRS § 5114-10, part; prior: 1919 c 163 § 11, part;
1915 c 16 § 13, part; 1905 c 171 § 4, part; 1889 p 417 § 13,
part; RRS § 5131, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.180 Return of precinct lists after election—
Public records. The precinct list of registered voters for
[Title 29 RCW—page 18]
each precinct or group of precincts delivered to the precinct
election officers for use on the day of an election held in
that precinct shall be returned by them to the county auditor
upon the completion of the count of the votes cast in the
precinct at that election. While in possession of the county
auditor they shall be open to public inspection under such
reasonable rules and regulations as may be prescribed therefor. [1994 c 57 § 20; 1971 ex.s. c 202 § 22; 1965 c 9 §
29.07.180. Prior: 1933 c 1 § 8, part; RRS § 5114-8, part;
prior: 1919 c 163 § 7, part; 1915 c 16 § 7, part; 1905 c 171
§ 3, part; 1901 c 135 § 3, part; 1893 c 45 § 2, part; 1889 p
415 § 7, part; RRS § 5125, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.220 Computer file of voter registration
records—Establishment—Duties of county auditor. Each
county auditor shall maintain a computer file on magnetic
tape or disk, punched cards, or other form of data storage
containing the records of all registered voters within the
county. Where it is necessary or advisable, the auditor may
provide for the establishment and maintenance of such files
by private contract or through interlocal agreement as
provided by chapter 39.34 RCW, as it now exists or is
hereafter amended. The computer file shall include, but not
be limited to, each voter’s last name, first name, middle
initial, date of birth, residence address, sex, date of registration, applicable taxing district and precinct codes and the last
date on which the individual voted. The county auditor shall
subsequently record each consecutive date upon which the
individual has voted and retain at least the last five such
consecutive dates: PROVIDED, That if the voter has not
voted at least five times since establishing his or her current
registration record, only the available dates shall be included.
[1993 c 408 § 11; 1991 c 81 § 22; 1974 ex.s. c 127 § 12.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Effective date—1991 c 81: See note following RCW 29.85.010.
29.07.230 Payment to counties for maintenance of
voter registration records on electronic data processing
systems. To compensate counties with fewer than ten
thousand registered voters at the time of the most recent
state general election for unrecoverable costs incident to the
maintenance of voter registration records on electronic data
processing systems, the secretary of state shall, in June of
each year, pay such counties an amount equal to thirty cents
for each registered voter in the county at the time of the
most recent state general election. [1980 c 32 § 6; 1974
ex.s. c 127 § 13.]
29.07.240 Computer file of voter registration
records—Rules—Assistance. The secretary of state, as
chief election officer, shall adopt rules and regulations, not
inconsistent with the provisions of this chapter to:
(1) Facilitate the establishment and maintenance of voter
registration records by county auditors and the use of voter
registration information in the conduct of elections; and
(2) Establish standards and procedures for the establishment and maintenance of voter registration records on
electronic data processing systems.
(2002 Ed.)
Voter Registration
He shall provide planning, coordination, training and
other assistance in the conversion of voter registration files
to maintenance by electronic data processing and he shall
administer the voter registration assistance account. [1974
ex.s. c 127 § 14.]
29.07.250 Handling of reports filed under public
disclosure law. See RCW 29.04.025.
29.07.260 Registration with driver’s license application or renewal. (1) A person may register to vote, transfer
a voter registration, or change his or her name for voter
registration purposes when he or she applies for or renews
a driver’s license or identification card under chapter 46.20
RCW.
(2) To register to vote, transfer his or her voter registration, or change his or her name for voter registration
purposes under this section, the applicant shall provide the
following:
(a) His or her full name;
(b) Whether the address in the driver’s license file is the
same as his or her residence for voting purposes;
(c) The address of the residence for voting purposes if
it is different from the address in the driver’s license file;
(d) His or her mailing address if it is not the same as
the address in (c) of this subsection;
(e) Additional information on the geographic location of
that voting residence if it is only identified by route or box;
(f) The last address at which he or she was registered to
vote in this state;
(g) A declaration that he or she is a citizen of the
United States; and
(h) Any other information, other than an applicant’s
social security number, that the secretary of state determines
is necessary to establish the identity of the applicant and to
prevent duplicate or fraudulent voter registrations.
(3) The following warning shall appear in a conspicuous
place on the voter registration form:
"If you knowingly provide false information on this
voter registration form or knowingly make a false declaration
about your qualifications for voter registration you will have
committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand
dollars, or both imprisonment and fine."
(4) The applicant shall sign a portion of the form that
can be used as an initiative signature card for the verification
of petition signatures by the secretary of state and shall sign
and attest to the following oath:
"I declare that the facts on this voter registration form
are true. I am a citizen of the United States, I am not
presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this
address for thirty days before the next election at which I
vote, and I will be at least eighteen years old when I vote."
(5) The driver licensing agent shall record that the
applicant has requested to register to vote or transfer a voter
registration. [2001 c 41 § 16; 1999 c 298 § 6; 1994 c 57 §
21; 1990 c 143 § 1.]
(2002 Ed.)
29.07.240
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: "Sections 1 through 8 of this act
shall take effect January 1, 1992." [1990 c 143 § 13.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29.10.097.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Driver licensing agents duties regarding voter registration: RCW
46.20.155.
29.07.270 Duties of secretary of state, department
of licensing, county auditors—Address changes. (1) The
secretary of state shall provide for the voter registration
forms submitted under RCW 29.07.260 to be collected from
each driver’s licensing facility within five days of their
completion.
(2) The department of licensing shall produce and
transmit to the secretary of state a machine-readable file
containing the following information from the records of
each individual who requested a voter registration or transfer
at a driver’s license facility during each period for which
forms are transmitted under subsection (1) of this section:
The name, address, date of birth, and sex of the applicant
and the driver’s license number, the date on which the application for voter registration or transfer was submitted, and
the location of the office at which the application was
submitted.
(3) The department of licensing shall provide information on all persons changing their address on change of
address forms submitted to the department unless the voter
has indicated that the address change is not for voting
purposes. This information will be transmitted to the
secretary of state each week in a machine-readable file
containing the following information on persons changing
their address: The name, address, date of birth, and sex of
the applicant, the applicant’s driver’s license number, the
applicant’s former address, the county code for the
applicant’s former address, and the date that the request for
address change was received.
(4) The secretary of state shall forward this information
to the appropriate county each week. When the information
indicates that the voter has moved within the county, the
county auditor shall use the change of address information
to transfer the voter’s registration and send the voter an acknowledgement notice of the transfer. If the information
indicates that the new address is outside the voter’s original
county, the county auditor shall send the voter a registration
by mail form at the voter’s new address and advise the voter
of the need to reregister in the new county. The auditor
shall then place the voter on inactive status. [1994 c 57 §
22; 1990 c 143 § 2.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1990 c 143 §§ 1-8: See note following RCW
29.07.260.
29.07.280 Forwarding of forms to voter’s county.
The voter registration forms from the driver’s licensing
facilities shall be forwarded to the county in which the
applicant has registered to vote no later than ten days after
the date on which the forms were to be collected under
RCW 29.07.270(1). [1990 c 143 § 3.]
[Title 29 RCW—page 19]
29.07.280
Title 29 RCW: Elections
Effective date—1990 c 143: See note following RCW 29.07.260.
29.07.290 Records—Correction, sorting, transmittal.
(1) For any voter registration application where the address
for voting purposes is different from the address in the
machine-readable file received from the department of
licensing, the secretary of state shall amend the record of
that application in the machine-readable file to reflect the
county in which the applicant has registered to vote.
(2) The secretary of state shall sort the records in the
machine-readable file according to the county in which the
applicant registered to vote and produce a file of voter
registration transactions for each county. The records of
each county shall be transmitted on or through whatever
medium the county auditor determines will best facilitate the
incorporation of these records into the existing voter registration files of that county.
(3) The secretary of state shall produce a list of voter
registration transactions for each county and transmit a copy
of this list to that county with each file of voter registration
transactions. [1990 c 143 § 4.]
Effective date—1990 c 143 §§ 1-8: See note following RCW
29.07.260.
29.07.300 Delivery of files to auditors—Address
changes. (1) The secretary of state shall deliver the files
and lists of voter registration information produced under
RCW 29.07.290 to the county auditors no later than ten days
after the date on which that information was to be transmitted under RCW 29.07.270(1). The county auditor shall
process these records in the same manner as voter registrations executed under RCW 29.07.080.
(2) If a registrant has indicated on the voter registration
application form that he or she is registered to vote in
another county in Washington but has also provided an
address within the auditor’s county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that
other county and the auditor receiving the notice shall cancel
the registrant’s voter registration in that other county. If the
registrant has indicated on the form that he or she is registered to vote within the county but has provided a new
address within the county that is for voter registration
purposes, the auditor shall transfer the voter’s registration.
[1994 c 57 § 23; 1990 c 143 § 5.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1990 c 143: See note following RCW 29.07.260.
29.07.310 Driver licensing and voter registration—
Duties of secretary of state. The secretary of state shall:
(1) Coordinate with the department of licensing and
county auditors on the implementation of RCW 29.07.260
through 29.07.300 and 46.20.155;
(2) Adopt rules governing the delivery and processing
of voter registrations submitted under RCW 29.07.260 and
insuring the integrity of the voter registration process and of
the data on registered voters collected under RCW 29.07.260
through 29.07.300 and 46.20.155;
(3) Develop and enter into interlocal agreements with
county auditors and with the department of licensing
governing the systems development, testing, implementation,
[Title 29 RCW—page 20]
and other data processing services provided by the county
auditors and the department of licensing in carrying out
RCW 29.07.260 through 29.07.300 and 46.20.155 and
providing for the reimbursement of all costs to county
auditors and the department of licensing for these data
processing services. [1990 c 143 § 10.]
29.07.320 Driver licensing and voter registration—
Funding. The secretary of state shall include in his or her
biennial budget requests sufficient funds to carry out the
purposes of RCW 29.07.260 through 29.07.300 and
46.20.155, including the reimbursement of costs to county
auditors and the department of licensing under RCW
29.07.310(3). [1990 c 143 § 11.]
29.07.400 Registration law—Officials’ violations. If
any county auditor or registration assistant:
(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters;
or
(2) Willfully neglects or refuses to perform such duty in
the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the
voter registration records the name of any person in any
other manner or at any other time than as prescribed by
voter registration law or enters or causes or permits to be
entered on such records the name of any person not entitled
to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any
registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021. [1994 c 57 § 24; 1991 c 81 § 11; 1965 c
9 § 29.85.190. Prior: 1933 c 1 § 26; RRS § 5114-26; prior:
1889 p 418 § 15; RRS § 5133. Formerly RCW 29.85.190.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29.85.010.
29.07.405 Disenfranchisement or discrimination—
Penalty. An election officer or a person who intentionally
disenfranchises an eligible citizen or discriminates against a
person eligible to vote by denying voter registration is guilty
of a misdemeanor punishable under RCW 9A.20.021. [2001
c 41 § 2.]
29.07.410 Registration law—Voter violations. Any
person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as
to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be
registered using the name of another person;
(4) Knowingly causes himself or herself to be registered
under two or more different names;
(5) Knowingly causes himself or herself to be registered
in two or more counties;
(6) Offers to pay another person to assist in registering
voters, where payment is based on a fixed amount of money
per voter registration;
(2002 Ed.)
Voter Registration
(7) Accepts payment for assisting in registering voters,
where payment is based on a fixed amount of money per
voter registration; or
(8) Knowingly causes any person to be registered or
causes any registration to be transferred or canceled except
as authorized under this title,
is guilty of a class C felony punishable under RCW
9A.20.021. [1994 c 57 § 25; 1991 c 81 § 12; 1990 c 143 §
12; 1977 ex.s. c 361 § 110; 1965 c 9 § 29.85.200. Prior:
1933 c 1 § 27; RRS § 5114-27; prior: 1893 c 45 § 5; 1889
p 418 § 16; RRS § 5136. Formerly RCW 29.85.200.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1991 c 81: See note following RCW 29.85.010.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.07.420 Designation of agencies providing registration services. The governor, in consultation with the
secretary of state, shall designate agencies to provide voter
registration services in compliance with federal statutes.
[1994 c 57 § 26.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.07.430 Registration or transfer at designated
agencies—Form and application. (1) A person may
register to vote or transfer a voter registration when he or
she applies for service or assistance and with each renewal,
recertification, or change of address at agencies designated
under RCW 29.07.420.
(2) A prospective applicant shall initially be offered a
form adopted by the secretary of state that is designed to
determine whether the person wishes to register to vote. The
form must comply with all applicable state and federal
statutes regarding content.
The form shall also contain a box that may be checked
by the applicant to indicate that he or she declines to
register.
If the person indicates an interest in registering or has
made no indication as to a desire to register or not register
to vote, the person shall be given a mail-in voter registration
application or a prescribed agency application as provided by
RCW 29.07.440. [1994 c 57 § 27.]
29.07.410
information about age and citizenship requirements for voter
registration.
(3) If an agency uses a computerized application
process, it may, in consultation with the secretary of state,
develop methods to capture simultaneously the information
required for voter registration during a person’s computerized application process.
(4) Each designated agency shall provide for the voter
registration application forms to be collected from each
agency office at least once each week. The agency shall
then forward the application forms to the secretary of state
each week. The secretary of state shall forward the forms to
the county in which the applicant has registered to vote no
later than ten days after the date on which the forms were
received by the secretary of state. [2001 c 41 § 7; 1994 c
57 § 28.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.07.450 Duties of secretary of state. The secretary
of state shall:
(1) Coordinate with the designated agencies and county
auditors on the implementation of RCW 29.07.430 and
29.07.440;
(2) Adopt rules governing the delivery and processing
of voter registration application forms submitted under RCW
29.07.430 and 29.07.440 and ensuring the integrity of the
voter registration process and of the integrity and confidentiality of data on registered voters collected under RCW
29.07.430 and 29.07.440. [1994 c 57 § 29.]
Severability—1994 c 57: See note following RCW 10.64.021.
Chapter 29.08
REGISTRATION BY MAIL
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Sections
29.08.010
29.08.020
29.08.030
29.08.040
29.08.050
29.08.060
29.08.070
29.08.080
29.08.090
29.08.900
29.07.440 Registration at designated agencies—
Procedures. (1) The secretary of state shall prescribe the
method of voter registration for each designated agency.
The agency shall use either the state voter registration by
mail form with a separate declination form for the applicant
to indicate that he or she declines to register at this time, or
the agency may use a separate form approved for use by the
secretary of state.
(2) The person providing service at the agency shall
offer voter registration services to every client whenever he
or she applies for service or assistance and with each
renewal, recertification, or change of address. The person
providing service shall give the applicant the same level of
assistance with the voter registration application as is offered
to fill out the agency’s forms and documents, including
29.08.010 Definitions—Rules. The definitions set
forth in this section apply throughout this chapter, unless the
context clearly requires otherwise.
(1) "By mail" means delivery of a completed original
voter registration application by mail or by personal delivery.
The secretary of state, in consultation with the county
auditors, may adopt rules to develop a process to receive and
distribute these applications.
(2) For voter registration applicants, "date of mailing"
means the date of the postal cancellation on the voter
registration application. This date will also be used as the
date of application for the purpose of meeting the registration cutoff deadline. If the postal cancellation date is
illegible then the date of receipt by the elections official is
considered the date of application. If an application is
(2002 Ed.)
Definitions—Rules.
Duties of county auditor—Application of remainder of title.
Authorization.
Forms.
Declaration and warning.
Auditor’s procedure.
Form—Adoption, contents.
Forms—Supplied without cost—Citizenship.
Violations of chapter.
Effective date—1993 c 434.
[Title 29 RCW—page 21]
29.08.010
Title 29 RCW: Elections
received by the elections official by the close of business on
the fifth day after the cutoff date for voter registration and
the postal cancellation date is illegible, the application will
be considered to have arrived by the cutoff date for voter
registration. [1994 c 57 § 30; 1993 c 434 § 1.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.08.020 Duties of county auditor—Application of
remainder of title. The county auditor is responsible for
the conduct of voter registration under this chapter within the
county. Except where inconsistent with this chapter, the
remaining provisions of Title 29 RCW apply to registration
by mail. [1993 c 434 § 2.]
29.08.030 Authorization. Any elector of this state
may register to vote by mail under this chapter. [1993 c 434
§ 3.]
29.08.040 Forms. The county auditor shall distribute
forms by which a person may register to vote by mail and
cancel any previous registration in this state. The county
auditor shall keep a supply of voter registration forms in his
or her office at all times for political parties and others interested in assisting in voter registration, and shall make every
effort to make these forms generally available to the public.
The county auditor shall provide voter registration forms to
city and town clerks, state offices, schools, fire stations, and
any other locations considered appropriate by the auditor for
extending registration opportunities to all areas of the county.
After the initial distribution of voter registration forms to a
given location, a representative designated by the official in
charge of that location shall notify the county auditor of the
need for additional voter registration supplies. [1993 c 434
§ 4.]
29.08.050 Declaration and warning. In addition to
the information required under RCW 29.07.070, when
registering to vote by mail under this chapter, the applicant
shall sign a portion of the form that can be used as an
initiative signature card for the verification of petition
signatures by the secretary of state and shall sign and attest
to the following oath: "I declare that the facts on this voter
registration form are true. I am a citizen of the United
States, I am not presently denied my civil rights as a result
of being convicted of a felony, I will have lived in Washington at this address for thirty days immediately before the
next election at which I vote, and I will be at least eighteen
years old when I vote."
The voter registration by mail form shall provide, in a
conspicuous place, the following warning: "If you knowingly provide false information on this voter registration form
or knowingly make a false declaration about your qualifications for voter registration you will have committed a class
C felony that is punishable by imprisonment for up to five
years, or by a fine of up to ten thousand dollars, or both
imprisonment and fine." [1994 c 57 § 31; 1993 c 434 § 5.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29.10.097.
[Title 29 RCW—page 22]
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29.08.060 Auditor’s procedure. (1) On receipt of an
application for voter registration under this chapter, the
county auditor shall review the application to determine
whether the information supplied is complete. An application that contains the applicant’s name, complete valid
residence address, date of birth, and signature attesting to the
truth of the information provided on the application is
complete. If it is not complete, the auditor shall promptly
mail a verification notice of the deficiency to the applicant.
This verification notice shall require the applicant to provide
the missing information. If the verification notice is not
returned by the applicant or is returned as undeliverable the
auditor shall not place the name of the applicant on the
county voter list. If the applicant provides the required
information, the applicant shall be registered to vote as of
the date of mailing of the original voter registration application.
(2) If the information is complete, the applicant is
considered to be registered to vote as of the date of mailing.
The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on
the voter’s record. Within forty-five days after the receipt
of an application but no later than seven days before the next
primary, special election, or general election, the auditor
shall send to the applicant, by first class mail, an acknowledgement notice identifying the registrant’s precinct and
containing such other information as may be required by the
secretary of state. The postal service shall be instructed not
to forward a voter registration card to any other address and
to return to the auditor any card which is not deliverable. If
the applicant has indicated that he or she is registered to vote
in another county in Washington but has also provided an
address within the auditor’s county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that
other county and the auditor receiving the notice shall cancel
the registrant’s voter registration in that other county. If the
registrant has indicated on the form that he or she is registered to vote within the county but has provided a new
address within the county that is for voter registration
purposes, the auditor shall transfer the voter’s registration.
(3) If an acknowledgement notice card is properly
mailed as required by this section to the address listed by the
voter as being the voter’s mailing address and the notice is
subsequently returned to the auditor by the postal service as
being undeliverable to the voter at that address, the auditor
shall promptly send the voter a confirmation notice. The
auditor shall place the voter’s registration on inactive status
pending a response from the voter to the confirmation notice.
[1994 c 57 § 32; 1993 c 434 § 6.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.08.070 Form—Adoption, contents. The secretary
of state shall adopt an application form for registering by
mail under RCW 29.07.140. An applicant registering to vote
by mail shall be required to complete only one form and to
provide the required information, other than his or her signature, no more than once. The form shall also contain
(2002 Ed.)
Registration by Mail
instructions on its use, a notification of filing deadlines, a
warning to the applicant of the penalty for knowingly
supplying false information, and space for the county auditor
to enter the voter’s precinct identification, taxing district
identification, and registration number. The secretary of
state shall develop the form in consultation with the county
auditors. [1993 c 434 § 7.]
29.08.080 Forms—Supplied without cost—
Citizenship. The secretary of state shall furnish registration
forms necessary to carry out the registration of voters as
provided by this chapter without cost to the respective
counties. All voter registration forms printed after January
1, 2002, must include clear and conspicuous language,
designed to draw an applicant’s attention, stating that the
applicant must be a United States citizen in order to register
to vote. [2001 c 41 § 8; 1999 c 298 § 7; 1993 c 434 § 8.]
29.08.090 Violations of chapter. Violations of this
chapter shall be prosecuted under chapter 29.07 RCW or any
other applicable provisions of law. [1993 c 434 § 9.]
29.08.900 Effective date—1993 c 434. Sections 1
through 9 and 12 of this act take effect on January 1, 1994.
[1993 c 434 § 13.]
Chapter 29.10
REGISTRATION STATUS, TRANSFERS,
AND CANCELLATIONS
Sections
29.10.011
29.10.015
29.10.020
29.10.040
29.10.051
29.10.060
29.10.071
29.10.075
Definitions.
"Active," "inactive" registered voters.
Address change within county—Transfer by telephone.
Reregistration on transfer to another county.
Voter name change.
Change of precinct boundaries—Transfer of registration.
Assignment of voter to inactive status—Confirmation notice.
Return of inactive voter to active status—Cancellation of
registration.
29.10.081 Count of registered voters.
29.10.090 Cancellation for death.
29.10.097 Cancellation for conviction of felony.
29.10.100 Weekly report of cancellations and name changes.
29.10.110 Record of cancellations.
29.10.125 Challenge of registration—Initiation.
29.10.127 Challenge—Voting by person challenged—Burden of proof,
procedures.
29.10.130 Challenge—Affidavit—Administration, notice of challenge.
29.10.140 Challenge—Procedure before cancellation.
29.10.150 Challenge of registration—Forms, availability.
29.10.170 Transfer on election day.
29.10.180 Registration list maintenance.
29.10.185 Dual registration or voting detection.
29.10.200 Confirmation notices—Form, contents.
29.10.210 Confirmation notice—Response, auditor’s action.
29.10.220 Voting by inactive or canceled voters.
29.10.230 Electronic file format.
Voter registration: Chapter 29.07 RCW.
29.10.011 Definitions. The definitions set forth in this
section apply throughout this chapter, unless the context
clearly requires otherwise.
(1) "Verification notice" means a notice sent by the
county auditor to a voter registration applicant and is used to
(2002 Ed.)
29.08.070
verify or collect information about the applicant in order to
complete the registration.
(2) "Acknowledgement notice" means a notice sent by
nonforwardable mail by the county auditor to a registered
voter to acknowledge a voter registration transaction, which
can include initial registration, transfer, or reactivation of an
inactive registration. An acknowledgement notice may be a
voter registration card.
(3) "Confirmation notice" means a notice sent to a
registered voter by first class forwardable mail at the address
indicated on the voter’s permanent registration record and to
any other address at which the county auditor could reasonably expect mail to be received by the voter in order to
confirm the voter’s residence address. The confirmation
notice must be designed so that the voter may update his or
her current residence address. [1994 c 57 § 33.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.015 "Active," "inactive" registered voters.
Registered voters are divided into two categories, "active"
and "inactive." All registered voters are classified as active,
unless assigned to inactive status by the county auditor.
[1994 c 57 § 34.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.020 Address change within county—Transfer
by telephone. To maintain a valid voter registration, a
registered voter who changes his or her residence from one
address to another within the same county shall transfer his
or her registration to the new address in one of the following
ways: (1) Sending to the county auditor a signed request
stating the voter’s present address and the address from
which the voter was last registered; (2) appearing in person
before the auditor and signing such a request; (3) transferring
the registration in the manner provided by RCW 29.10.170;
or (4) telephoning the county auditor to transfer the registration. The telephone call transferring a registration by
telephone must be received by the auditor before the precinct
registration files are closed to new registrations for the next
primary or special or general election in which the voter
participates.
The secretary of state may adopt rules facilitating the
transfer of a registration by telephone authorized by this
section. [1994 c 57 § 35; 1991 c 81 § 23; 1975 1st ex.s. c
184 § 2; 1971 ex.s. c 202 § 24; 1965 c 9 § 29.10.020.
Prior: 1955 c 181 § 4; prior: 1933 c 1 § 14, part; RRS §
5114-14, part; prior: 1919 c 163 § 9, part; 1915 c 16 § 9,
part; 1889 p 417 § 12, part; RRS § 5129, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29.85.010.
Severability—1975 1st ex.s. c 184: See note following RCW
29.07.092.
29.10.040 Reregistration on transfer to another
county. A registered voter who changes his or her residence
from one county to another county, shall be required to
register anew. The voter shall sign an authorization to
cancel his or her present registration. An authorization to
cancel a voter’s registration must be forwarded promptly to
[Title 29 RCW—page 23]
29.10.040
Title 29 RCW: Elections
the county auditor of the county in which the voter was
previously registered. The county auditor of the county
where the previous registration was made shall cancel the
registration of the voter if it appears that the signatures in
the registration record and on the cancellation authorization
form were made by the same person. [1999 c 100 § 3; 1994
c 57 § 36; 1991 c 81 § 24; 1977 ex.s. c 361 § 26; 1971 ex.s.
c 202 § 26; 1965 c 9 § 29.10.040. Prior: 1933 c 1 § 15;
RRS § 5114-15.]
Severability—1994 c 57: See note following RCW 10.64.021.
Effective date—1991 c 81: See note following RCW 29.85.010.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.10.051 Voter name change. To maintain a valid
voter registration, a person who changes his or her name
shall notify the county auditor regarding the name change in
one of the following ways: (1) By sending the auditor a
notice clearly identifying the name under which he or she is
registered to vote, the voter’s new name, and the voter’s
residence. Such a notice must be signed by the voter using
both this former name and the voter’s new name; (2) by
appearing in person before the auditor or a registration
assistant and signing such a change-of-name notice; (3) by
signing such a change-of-name notice at the voter’s precinct
polling place on the day of a primary or special or general
election; (4) by properly executing a name change on a mailin registration application or a prescribed state agency
application.
A properly registered voter who files a change-of-name
notice at the voter’s precinct polling place during a primary
or election and who desires to vote at that primary or
election shall sign the poll book using the voter’s former and
new names in the same manner as is required for the
change-of-name notice.
The secretary of state may adopt rules facilitating the
implementation of this section. [1994 c 57 § 37; 1991 c 81
§ 25.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Effective date—1991 c 81: See note following RCW 29.85.010.
29.10.060 Change of precinct boundaries—Transfer
of registration. If the boundaries of any city, township, or
rural precinct are changed in the manner provided by law,
the county auditor shall transfer the registration cards of
every registered voter whose place of residence is affected
thereby to the files of the proper precinct, noting thereon the
name or number of the new precinct, or change the addresses, the precinct names or numbers, and the special district
designations for those registered voters on the voter registration lists of the county. It shall not be necessary for any
registered voter whose residence has been changed from one
precinct to another, by a change of boundary, to apply to the
registration officer for a transfer of registration. The county
auditor shall mail to each registrant in the new precinct a
notice that his precinct has been changed from . . . . . . to
. . . . . ., and that thereafter he will be entitled to vote in the
new precinct, giving the name or number. [1971 ex.s. c 202
§ 27; 1965 c 9 § 29.10.060. Prior: 1933 c 1 § 17; RRS §
5114-17.]
[Title 29 RCW—page 24]
29.10.071 Assignment of voter to inactive status—
Confirmation notice. (1) A county auditor shall assign a
registered voter to inactive status and shall send the voter a
confirmation notice if any of the following documents are
returned by the postal service as undeliverable:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application
for a ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation
notice, required by statute, to be mailed by the county
auditor to the voter.
(2) A county auditor shall also assign a registered voter
to inactive status and shall send the voter a confirmation
notice:
(a) Whenever change of address information received
from the department of licensing under RCW 29.07.270, or
by any other agency designated to provide voter registration
services under RCW 29.07.420, indicates that the voter has
moved to an address outside the county; or
(b) If the auditor receives postal change of address
information under RCW 29.10.180, indicating that the voter
has moved out of the county. [1994 c 57 § 38.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.075 Return of inactive voter to active status—
Cancellation of registration. The county auditor shall
return an inactive voter to active voter status if, during the
period beginning on the date the voter was assigned to
inactive status and ending on the day of the second general
election for federal office that occurs after the date that the
voter was sent a confirmation notice, the voter: Notifies the
auditor of a change of address within the county; responds
to a confirmation notice with information that the voter
continues to reside at the registration address; votes or
attempts to vote in a primary or a special or general election
and resides within the county; or signs any petition authorized by statute for which the signatures are required by
law to be verified by the county auditor. If the inactive
voter fails to provide such a notice or take such an action
within that period, the auditor shall cancel the person’s voter
registration. [1994 c 57 § 39.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.081 Count of registered voters. (1) Except as
otherwise specified by this title, registered voters include
those assigned to active and inactive status by the county
auditor.
(2) Election officials shall not include inactive voters in
the count of registered voters for the purpose of dividing
precincts, creating vote-by-mail precincts, determining voter
turnout, or other purposes in law for which the determining
factor is the number of registered voters. Election officials
shall not include persons who are ongoing absentee voters
under *RCW 29.36.013 in determining the maximum
permissible size of vote-by-mail precincts or in determining
the maximum permissible size of precincts. Nothing in this
(2002 Ed.)
Registration Status, Transfers, and Cancellations
subsection may be construed as altering the vote tallying
requirements of RCW 29.62.090. [1994 c 57 § 40.]
*Reviser’s note: RCW 29.36.013 was recodified as RCW 29.36.240
pursuant to 2001 c 241 § 25.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.090 Cancellation for death. In addition to
case-by-case maintenance under RCW 29.10.071 and
29.10.075 and the general program of maintenance of voter
registration lists under RCW 29.10.180, deceased voters will
be canceled from voter registration lists as follows:
(1) Every month, the registrar of vital statistics of the
state shall prepare a separate list of persons who resided in
each county, for whom a death certificate was transmitted to
the registrar and was not included on a previous list, and
shall supply the appropriate list to each county auditor.
A county auditor shall compare this list with the
registration records and cancel the registrations of deceased
voters within at least forty-five days before the next primary
or election held in the county after the auditor receives the
list.
(2) In addition, the county auditor may also use newspaper obituary articles as a source of information in order to
cancel a voter’s registration. The auditor must verify the
identity of the voter by matching the voter’s date of birth or
an address. The auditor shall record the date and source of
the obituary in the cancellation records.
(3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to
his or her personal knowledge or belief another registered
voter is deceased. This statement may be filed with the
county auditor. Upon the receipt of such signed statement,
the county auditor shall cancel the registration records
concerned and so notify the secretary of state. Upon receipt
of such notice, the secretary of state shall in turn cancel his
or her copy of said registration record.
The secretary of state as chief elections officer shall
cause such form to be designed to carry out the provisions
of this section. The county auditors shall have such forms
available for public use. Further, each such public officer
having jurisdiction of an election shall make available a
reasonable supply of such forms for the use of the precinct
election officers at each polling place on the day of an
election. [1999 c 100 § 1; 1994 c 57 § 41; 1983 c 110 § 1;
1971 ex.s. c 202 § 29; 1965 c 9 § 29.10.090. Prior: 1961
c 32 § 1; 1933 c 1 § 20; RRS § 5114-20.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.10.097 Cancellation for conviction of felony.
Upon receiving official notice of a person’s conviction of a
felony in either state or federal court, if the convicted person
is a registered voter in the county, the county auditor shall
cancel the defendant’s voter registration. [1994 c 57 § 42.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260,
chapter 9.96 RCW.
29.10.100 Weekly report of cancellations and name
changes. Once each week after the cancellation of the
(2002 Ed.)
29.10.081
registration of any voter or the change of name of a voter,
each county auditor shall certify all cancellations or name
changes to the secretary of state. The certificate shall set
forth the name of each voter whose registration has been
canceled or whose name was changed, and the county, city
or town, and precinct in which the voter was registered.
[1999 c 298 § 8; 1994 c 57 § 43; 1971 ex.s. c 202 § 31;
1965 c 9 § 29.10.100. Prior: 1933 c 1 § 13, part; RRS §
5114-13, part.]
Severability—1994 c 57: See note following RCW 10.64.021.
29.10.110 Record of cancellations. Every county
auditor shall carefully preserve in a separate file or list the
registration records of persons whose voter registrations have
been canceled as authorized under this title. The files or
lists shall be kept in the manner prescribed by rule by the
secretary of state. Information from such canceled registration records is available for public inspection and copying to
the same extent established by RCW 29.07.130 for other
voter registration information.
The county auditor may destroy the voter registration
information and records of any person whose voter registration has been canceled for a period of two years or more.
[1991 c 81 § 26; 1971 ex.s. c 202 § 32; 1965 ex.s. c 156 §
1; 1965 c 9 § 29.10.110. Prior: 1961 c 32 § 2; 1947 c 85
§ 5; 1933 c 1 § 21; Rem. Supp. 1947 § 5114-21.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.10.125 Challenge of registration—Initiation.
Registration of a person as a voter is presumptive evidence
of his or her right to vote at any primary or election, general
or special. A person’s right to vote may be challenged at
the polls only by a precinct judge or inspector. A challenge
may be made only upon the belief or knowledge of the
challenging officer that the voter is unqualified. The
challenge must be supported by evidence or testimony given
to the county canvassing board under RCW 29.10.127 and
may not be based on unsupported allegations or allegations
by anonymous third parties. The identity of the challenger,
and any third person involved in the challenge, shall be
public record and shall be announced at the time the challenge is made.
Challenges initiated by a registered voter must be filed
not later than the day before any primary or election, general
or special, at the office of the appropriate county auditor. A
challenged voter may properly transfer or reregister until
three days before the primary or election, general or special,
by applying personally to the county auditor. Challenges
may also be initiated by the office of the county prosecuting
attorney and must be filed in the same manner as challenges
initiated by a registered voter. [2001 c 41 § 9; 1987 c 288
§ 1; 1983 1st ex.s. c 30 § 2.]
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29.10.127 Challenge—Voting by person challenged—Burden of proof, procedures. When the right of
a person has been challenged under RCW 29.10.125 or
29.10.130(2), the challenged person shall be permitted to
[Title 29 RCW—page 25]
29.10.127
Title 29 RCW: Elections
vote a ballot which shall be placed in a sealed envelope
separate from other voted ballots. In precincts where voting
machines are used, any person whose right to vote is
challenged under RCW 29.10.125 or 29.10.130(2) shall be
furnished a paper ballot, which shall be placed in a sealed
envelope after being marked. Included with the challenged
ballot shall be (1) an affidavit filed under RCW 29.10.130
challenging the person’s right to vote or (2) an affidavit
signed by the precinct election officer and any third party involved in the officer’s challenge and stating the reasons the
voter is being challenged. The sealed ballots of challenged
voters shall be transmitted at the close of the election to the
canvassing board or other authority charged by law with
canvassing the returns of the particular primary or election.
The county auditor shall notify the challenger and the
challenged voter, by certified mail, of the time and place at
which the county canvassing board will meet to rule on
challenged ballots. If the challenge is made by a precinct
election officer under RCW 29.10.125, the officer must
appear in person before the board unless he or she has
received written authorization from the canvassing board to
submit an affidavit supporting the challenge. If the challenging officer has based his or her challenge upon evidence
provided by a third party, that third party must appear with
the challenging officer before the canvassing board, unless
he or she has received written authorization from the
canvassing board to submit an affidavit supporting the challenge. If the challenge is filed under RCW 29.10.130, the
challenger must either appear in person before the board or
submit an affidavit supporting the challenge. The challenging party must prove to the canvassing board by clear and
convincing evidence that the challenged voter’s registration
is improper. If the challenging party fails to meet this
burden, the challenged ballot shall be accepted as valid and
counted. The canvassing board shall give the challenged
voter the opportunity to present testimony, either in person
or by affidavit, and evidence to the canvassing board before
making their determination. All challenged ballots must be
determined no later than the time of canvassing for the
particular primary or election. The decision of the canvassing board or other authority charged by law with canvassing
the returns shall be final. Challenges of absentee ballots
shall be determined according to *RCW 29.36.100. [1987
c 288 § 2; 1983 1st ex.s. c 30 § 3.]
*Reviser’s note: RCW 29.36.100 was recodified as RCW 29.36.350
pursuant to 2001 c 241 § 25.
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29.10.130 Challenge—Affidavit—Administration,
notice of challenge. (1) Any registered voter may request
that the registration of another voter be canceled if he or she
believes that the voter does not meet the requirements of
Article VI, section 1 of the state Constitution or that voter no
longer maintains a legal voting residence at the address
shown on his or her registration record. The challenger shall
file with the county auditor a signed affidavit subject to the
penalties of perjury, to the effect that to his or her personal
knowledge and belief another registered voter does not
actually reside at the address as given on his or her registra[Title 29 RCW—page 26]
tion record or is otherwise not a qualified voter and that the
voter in question is not protected by the provisions of Article
VI, section 4, of the Constitution of the state of Washington.
The person filing the challenge must furnish the address at
which the challenged voter actually resides.
(2) Any such challenge of a voter’s registration and
right to vote made less than thirty days before a primary or
election, special or general, shall be administered under
RCW 29.10.127. The county auditor shall notify the
challenged voter and the precinct election officers in the
voter’s precinct that a challenge has been filed, provide the
name of the challenger, and instruct both the precinct
election officers and the voter that, in the event the challenged voter desires to vote at the ensuing primary or
election, a challenged ballot will be provided. The voter
shall also be informed that the status of his or her registration and the disposition of any challenged ballot will be
determined by the county canvassing board in the manner
provided by RCW 29.10.127. If the challenged voter does
not vote at the ensuing primary or election, the challenge
shall be processed in the same manner as challenges made
more than thirty days prior to the primary or election under
RCW 29.10.140. [1987 c 288 § 3; 1983 1st ex.s. c 30 § 4;
1967 c 225 § 2; 1965 ex.s. c 156 § 2.]
29.10.140
Challenge—Procedure before
cancellation. All challenges of voter registration under
RCW 29.10.130 made thirty days or more before a primary
or election, general or special, shall be delivered to the
appropriate county auditor who shall notify the challenged
voter, by certified mail, that his or her voter registration has
been challenged.
The notification shall be mailed to the address at which
the challenged voter is registered, any address provided by
the challenger under RCW 29.10.130, and to any other
address at which the individual whose registration is being
challenged is alleged to reside or at which the county auditor
would reasonably expect that individual to receive notice of
the challenge of his or her voter registration. Included in the
notification shall be a request that the challenged voter
appear at a hearing to be held within ten days of the mailing
of the request, at the place, day, and hour stated, in order to
determine the validity of his or her registration. The
challenger shall be provided with a copy of this notification
and request. If either the challenger or the challenged voter
is unable to appear in person, he or she may file a reply by
means of an affidavit stating under oath the reasons he or
she believes the registration to be invalid or valid.
If both the challenger and the challenged voter file
affidavits instead of appearing in person, an evaluation of the
affidavits by the county auditor constitutes a hearing for the
purposes of this section.
The county auditor shall hold a hearing at which time
both parties may present their facts and arguments. After
reviewing the facts and arguments, including any evidence
submitted by either side, the county auditor shall rule as to
the validity or invalidity of the challenged registration. His
or her ruling is final subject only to a petition for judicial
review by the superior court under chapter 34.05 RCW. If
either party, or both parties, fail to appear at the meeting or
fail to file an affidavit, the county auditor shall determine the
(2002 Ed.)
Registration Status, Transfers, and Cancellations
status of the registration based on his or her evaluation of
the available facts. [1987 c 288 § 4; 1983 1st ex.s. c 30 §
5; 1971 ex.s. c 202 § 34; 1967 c 225 § 3; 1965 ex.s. c 156
§ 3.]
29.10.150 Challenge of registration—Forms,
availability. The secretary of state as chief elections officer
shall cause appropriate forms to be designed to carry out the
provisions of RCW 29.10.130 through *29.10.160. The
county auditors and registrars shall have such forms available. Further, a reasonable supply of such forms shall be at
each polling place on the day of a primary or election,
general or special. [1991 c 81 § 27; 1971 ex.s. c 202 § 35;
1965 ex.s. c 156 § 4.]
*Reviser’s note: RCW 29.10.160 was repealed by 1991 c 81 § 41,
effective July 1, 1992; the reference should be to RCW 29.10.140.
Effective date—1991 c 81: See note following RCW 29.85.010.
29.10.170 Transfer on election day. (1) A person
who is registered to vote in this state may transfer his or her
voter registration on the day of a special or general election
or primary under the following procedures:
(a) The voter may complete, at the polling place, a
registration transfer form designed by the secretary of state
and supplied by the county auditor; or
(b) The voter may write in his or her new residential
address in the precinct list of registered voters.
The county auditor shall determine which of these two
procedures are to be used in the county or may determine
that both procedures are to be available to voters for use in
the county.
(2) A voter who transfers his or her registration in the
manner authorized by this section shall vote in the precinct
in which he or she was previously registered.
(3) The auditor shall, within ninety days, mail to each
voter who has transferred a registration under this section a
notice of his or her current precinct and polling place. [1991
c 81 § 28; 1979 c 96 § 1.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.10.180 Registration list maintenance. In addition
to the case-by-case maintenance required under RCW
29.10.071 and 29.10.075 and the canceling of registrations
under RCW 29.10.090, the county auditor shall establish a
general program of voter registration list maintenance. This
program must be a thorough review that is applied uniformly
throughout the county and must be nondiscriminatory in its
application. Any program established must be completed at
least once every two years and not later than ninety days
before the date of a primary or general election for federal
office. The county may fulfill its obligations under this
section in one of the following ways:
(1) The county auditor may enter into one or more
contracts with the United States postal service, or its
licensee, which permit the auditor to use postal service
change-of-address information. If the auditor receives
change of address information from the United States postal
service that indicates that a voter has changed his or her
residence address within the county, the auditor shall transfer
the registration of that voter and send a confirmation notice
informing the voter of the transfer to the new address. If the
(2002 Ed.)
29.10.140
auditor receives postal change of address information
indicating that the voter has moved out of the county, the
auditor shall send a confirmation notice to the voter and
advise the voter of the need to reregister in the new county.
The auditor shall place the voter’s registration on inactive
status;
(2) A direct, nonforwardable, nonprofit or first-class
mailing to every registered voter within the county bearing
the postal endorsement "Return Service Requested." If
address correction information for a voter is received by the
county auditor after this mailing, the auditor shall place that
voter on inactive status and shall send to the voter a confirmation notice;
(3) Any other method approved by the secretary of state.
[1999 c 100 § 2; 1994 c 57 § 44. Prior: 1993 c 434 § 10;
1993 c 417 § 8; 1991 c 363 § 31; 1989 c 261 § 1; 1987 c
359 § 1.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
29.10.185 Dual registration or voting detection. In
addition to the case-by-case cancellation procedure required
in RCW 29.10.040, the county auditor, in conjunction with
the office of the secretary of state, shall participate in an
annual list maintenance program designed to detect persons
registered in more than one county or voting in more than
one county in an election. This program must be applied
uniformly throughout the county and must be nondiscriminatory in its application. The program must be completed not
later than thirty days before the date of a primary or general
election.
The office of the secretary of state shall cause to be
created a list of registered voters with the same date of birth
and similar names who appear on two or more county lists
of registered voters. The office of the secretary of state shall
forward this list to each county auditor so that they may
properly cancel the previous registration of voters who have
subsequently registered in a different county. The county
auditor of the county where the previous registration was
made shall cancel the registration of the voter if it appears
that the signatures in the registration and the signature
provided to the new county on the voter’s new registration
were made by the same person. The office of the secretary
of state shall adopt rules to facilitate this process.
If a voter is suspected of voting in two or more counties
in an election, the county auditors in each county shall
cooperate without delay to determine the voter’s county of
residence. The county auditor of the county of residence of
the voter suspected of voting in two or more counties shall
take action under RCW 29.85.245 without delay. [2001 c 41
§ 10; 1999 c 100 § 4.]
29.10.200 Confirmation notices—Form, contents.
Confirmation notices must be on a form prescribed by, or
approved by, the secretary of state and must request that the
voter confirm that he or she continues to reside at the
address of record and desires to continue to use that address
for voting purposes. The notice must inform the voter that
if the voter does not respond to the notice and does not vote
[Title 29 RCW—page 27]
29.10.200
Title 29 RCW: Elections
in either of the next two federal elections, his or her voter
registration will be canceled. [1994 c 57 § 45.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.210 Confirmation notice—Response, auditor’s
action. If the response to the confirmation notice provides
the county auditor with the information indicating that the
voter has moved within the county, the auditor shall transfer
the voter’s registration. If the response indicates that the
voter has left the county, the auditor shall cancel the voter’s
registration. [1994 c 57 § 46.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.220 Voting by inactive or canceled voters. (1)
A voter whose registration has been made inactive under this
chapter and who offers to vote at an ensuing election before
two federal elections have been held shall be allowed to vote
a regular ballot and the voter’s registration restored to active
status.
(2) A voter whose registration has been properly
canceled under this chapter shall vote a special ballot. The
voter shall mark the special ballot in secrecy, the ballot shall
be placed in a security envelope, the security envelope
placed in a special ballot envelope, and the reasons for the
use of the special ballot noted.
(3) Upon receipt of such a voted special ballot the
auditor shall investigate the circumstances surrounding the
original cancellation. If he or she determines that the
cancellation was in error, the voter’s registration shall be
immediately reinstated, and the voter’s special ballot shall be
counted. If the original cancellation was not in error, the
voter shall be afforded the opportunity to reregister at his or
her correct address, and the voter’s special ballot shall not be
counted. [1994 c 57 § 47.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.10.230 Electronic file format. The secretary of
state shall create a standard electronic file format (state
transfer form) to be used for the transfer of voter registration
information between county auditors and the office of the
secretary of state. The format must be prescribed by rule
and contain at least the following information: Voter name,
address, date of birth, date of registration, mailing address,
legislative and congressional district, and digitized signature
image. Each county shall program its voter registration
system to convert this data from the county’s storage format
into the state transfer format. Every county shall complete
this work by January 1, 2000. Each county may bill
reasonable programming costs incurred by it to the office of
the secretary of state by June 1, 2000. [1999 c 100 § 5.]
Chapter 29.13
TIMES FOR HOLDING ELECTIONS
AND PRIMARIES
Sections
29.13.010
State and local general elections—Statewide general election—Exceptions—Special county elections.
[Title 29 RCW—page 28]
29.13.020
City, town, and district general and special elections—
Exceptions.
29.13.021 First class commission cities with charters providing triennial elections.
29.13.023 First class mayor-council cities—Twelve councilmembers.
29.13.024 First class mayor-council cities—Seven councilmembers.
29.13.040 Conduct of elections—Canvass.
29.13.045 Election costs borne by constituencies.
29.13.047 State share of election costs.
29.13.048 Interest on reimbursement of costs.
29.13.050 Local officers, beginning of terms—Organization of district
boards of directors.
29.13.060 Elections in certain first class school districts.
29.13.070 Primaries.
29.13.080 Opening and closing polls.
29.13.100 United States Constitutional amendment conventions—
Election of convention delegates.
County officers, generally, time of election: RCW 36.16.010.
District elections, time of holding, see under particular district.
Elections, time of holding: State Constitution Art. 6 § 8.
School elections conducted according to Title 29 RCW: RCW 28A.320.410.
Special primary for United States senate vacancy in 1983: Chapter 3,
Laws of 1983 3rd ex. sess. (uncodified).
29.13.010 State and local general elections—
Statewide general election—Exceptions—Special county
elections. (1) All state, county, city, town, and district
general elections for the election of federal, state, legislative,
judicial, county, city, town, district, and precinct officers,
and for the submission to the voters of the state, county,
city, town, or district of any measure for their adoption and
approval or rejection, shall be held on the first Tuesday after
the first Monday of November, in the year in which they
may be called. A statewide general election shall be held on
the first Tuesday after the first Monday of November of each
year: PROVIDED, That the statewide general election held
in odd-numbered years shall be limited to (a) city, town, and
district general elections as provided for in RCW 29.13.020,
or as otherwise provided by law; (b) the election of federal
officers for the remainder of any unexpired terms in the
membership of either branch of the congress of the United
States; (c) the election of state and county officers for the
remainder of any unexpired terms of offices created by or
whose duties are described in Article II, section 15, Article
III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV,
sections 3 and 5 of the state Constitution and RCW
2.06.080; (d) the election of county officers in any county
governed by a charter containing provisions calling for
general county elections at this time; and (e) the approval or
rejection of state measures, including proposed constitutional
amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum
measures proposed by the electorate, referendum bills, and
any other matter provided by the legislature for submission
to the electorate.
(2) A county legislative authority may, if it deems an
emergency to exist, call a special county election by presenting a resolution to the county auditor at least forty-five days
prior to the proposed election date. Except as provided in
subsection (4) of this section, a special election called by the
county legislative authority shall be held on one of the
following dates as decided by such governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(2002 Ed.)
Times for Holding Elections and Primaries
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary as specified by RCW
29.13.070; or
(f) The first Tuesday after the first Monday in November.
(3) In addition to the dates set forth in subsection (2) (a)
through (f) of this section, a special election to validate an
excess levy or bond issue may be called at any time to meet
the needs resulting from fire, flood, earthquake, or other act
of God. Such county special election shall be noticed and
conducted in the manner provided by law.
(4) In a presidential election year, if a presidential
preference primary is conducted in February, March, April,
or May under chapter 29.19 RCW, the date on which a
special election may be called by the county legislative
authority under subsection (2) of this section during the
month of that primary is the date of the presidential primary.
(5) This section shall supersede the provisions of any
and all other statutes, whether general or special in nature,
having different dates for such city, town, and district
elections, the purpose of this section being to establish
mandatory dates for holding elections except for those
elections held pursuant to a home-rule charter adopted under
Article XI, section 4 of the state Constitution. This section
shall not be construed as fixing the time for holding primary
elections, or elections for the recall of any elective public
officer. [1994 c 142 § 1; 1992 c 37 § 1; 1989 c 4 § 9
(Initiative Measure No. 99); 1980 c 3 § 1; 1975-’76 2nd
ex.s. c 111 § 1; 1975-’76 2nd ex.s. c 3 § 1; 1973 2nd ex.s.
c 36 § 1; 1973 c 4 § 1; 1965 c 123 § 2; 1965 c 9 §
29.13.010. Prior: 1955 c 151 § 1; prior: (i) 1923 c 53 § 1;
1921 c 61 § 1; RRS § 5143. (ii) 1921 c 61 § 3; RRS §
5145.]
Effective date—1994 c 142: "This act shall take effect January 1,
1995." [1994 c 142 § 3.]
Severability—1989 c 4: See RCW 29.19.900.
Severability—1975-’76 2nd ex.s. c 111: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 111
§ 3.]
29.13.020 City, town, and district general and
special elections—Exceptions. (1) All city, town, and
district general elections shall be held throughout the state of
Washington on the first Tuesday following the first Monday
in November in the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or
district elections at which the ownership of property within
those districts is a prerequisite to voting, all of which
elections shall be held at the times prescribed in the laws
specifically applicable thereto;
(c) Consolidation proposals as provided for in *RCW
28A.315.280 and nonhigh capital fund aid proposals as
provided for in chapter 28A.540 RCW.
(2) The county auditor, as ex officio supervisor of
elections, upon request in the form of a resolution of the
governing body of a city, town, or district, presented to the
auditor at least forty-five days prior to the proposed election
(2002 Ed.)
29.13.010
date, may, if the county auditor deems an emergency to
exist, call a special election in such city, town, or district,
and for the purpose of such special election he or she may
combine, unite, or divide precincts. Except as provided in
subsection (3) of this section, such a special election shall be
held on one of the following dates as decided by the
governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary election as specified by
RCW 29.13.070; or
(f) The first Tuesday after the first Monday in November.
(3) In a presidential election year, if a presidential
preference primary is conducted in February, March, April,
or May under chapter 29.19 RCW, the date on which a
special election may be called under subsection (2) of this
section during the month of that primary is the date of the
presidential primary.
(4) In addition to subsection (2)(a) through (f) of this
section, a special election to validate an excess levy or bond
issue may be called at any time to meet the needs resulting
from fire, flood, earthquake, or other act of God, except that
no special election may be held between the first day for
candidates to file for public office and the last day to certify
the returns of the general election other than as provided in
subsection (2)(e) and (f) of this section. Such special
election shall be conducted and notice thereof given in the
manner provided by law.
(5) This section shall supersede the provisions of any
and all other statutes, whether general or special in nature,
having different dates for such city, town, and district
elections, the purpose of this section being to establish
mandatory dates for holding elections. [2002 c 43 § 2; 1994
c 142 § 2; 1992 c 37 § 2; 1990 c 33 § 562; 1989 c 4 § 10
(Initiative Measure No. 99); 1986 c 167 § 6; 1980 c 3 § 2;
1975-’76 2nd ex.s. c 111 § 2; 1965 c 123 § 3; 1965 c 9 §
29.13.020. Prior: 1963 c 200 § 1; 1955 c 55 § 1; 1951 c
101 § 1; 1949 c 161 § 1; 1927 c 182 § 1; 1923 c 53 § 2;
1921 c 61 § 2; Rem. Supp. 1949 § 5144.]
*Reviser’s note: RCW 28A.315.280 was repealed by 1999 c 315 §
801. Cf. RCW 28A.315.235.
Intent—2002 c 43: "The legislature finds that there are conflicting
interpretations as to the intent of the legislature in the enactment of chapter
305, Laws of 1999. The purpose of this act is to make statutory changes
that further clarify this intent.
It is the intent of the legislature that elections of conservation district
supervisors continue to be conducted under procedures in the conservation
district statutes, chapter 89.08 RCW, and that such elections not be
conducted under the general election laws contained in Title 29 RCW.
Further, it is the intent of the legislature that there be no change made with
regard to applicability of the public disclosure act, chapter 42.17 RCW, to
conservation district supervisors from those that existed before the
enactment of chapter 305, Laws of 1999." [2002 c 43 § 1.]
Effective date—2002 c 43: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 43 § 6.]
Effective date—1994 c 142: See note following RCW 29.13.010.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 4: See RCW 29.19.900.
[Title 29 RCW—page 29]
29.13.020
Title 29 RCW: Elections
Severability—1986 c 167: See note following RCW 29.01.055.
Severability—1975-’76 2nd ex.s. c 111: See note following RCW
29.13.010.
29.13.021 First class commission cities with charters
providing triennial elections. All regular elections in cities
of the first class under a commission form of government
whose charters provide that elections shall be held triennially, shall hereafter be held quadrennially and shall be held on
the Tuesday following the first Monday in November in the
odd-numbered years. All city officials shall be elected for
terms of four years and until their successors are elected and
qualified and then assume office in accordance with RCW
29.04.170. [1983 c 3 § 43; 1979 ex.s. c 126 § 10; 1965 c 9
§ 29.13.021. Prior: 1963 c 200 § 4.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
29.13.023 First class mayor-council cities—Twelve
councilmembers. All regular elections in first class cities
having a mayor-council form of government whose charters
provide for twelve councilmembers elected for a term of two
years, two being elected from each of six wards, and for the
election of a mayor, treasurer, and comptroller for terms of
two years, shall be held biennially as provided in RCW
29.13.020. The term of each councilmember, mayor,
treasurer, and comptroller shall be four years and until his or
her successor is elected and qualified and assumes office in
accordance with RCW 29.04.170. The terms of the
councilmembers shall be so staggered that six
councilmembers shall be elected to office at each regular
election. [1981 c 213 § 3; 1979 ex.s. c 126 § 11; 1965 c 9
§ 29.13.023. Prior: 1963 c 200 § 2; 1957 c 168 § 1.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
29.13.024 First class mayor-council cities—Seven
councilmembers. All regular elections in first class cities
having a mayor-council form of government whose charters
provide for seven councilmembers, one to be elected from
each of six wards and one at large, for a term of two years,
and for the election of a mayor, comptroller, treasurer and
attorney for two year terms, shall be held biennially as
provided in RCW 29.13.020. The terms of the six
councilmembers to be elected by wards shall be four years
and until their successors are elected and qualified and the
term of the councilmember to be elected at large shall be
two years and until their successors are elected and qualified.
The terms of the councilmembers shall be so staggered that
three ward councilmembers and the councilmember at large
shall be elected at each regular election. The term of the
mayor, attorney, treasurer, and comptroller shall be four
years and until their successors are elected and qualified and
assume office in accordance with RCW 29.04.170. [1981 c
213 § 4; 1979 ex.s. c 126 § 12; 1965 c 9 § 29.13.024.
Prior: 1963 c 200 § 3; 1957 c 168 § 2.]
29.62.100 the returns thereof shall be canvassed by the
county canvassing board. [1965 c 123 § 4; 1965 c 9 §
29.13.040. Prior: 1963 c 200 § 6; 1955 c 55 § 3; 1951 c
257 § 4; 1951 c 101 § 4; 1949 c 161 § 5; Rem. Supp. 1949
§ 5153-1.]
County auditor designated as supervisor of certain elections: RCW
29.04.020.
29.13.045 Election costs borne by constituencies.
Every city, town, and district shall be liable for its proportionate share of the costs when such elections are held in
conjunction with other elections held under RCW 29.13.010
and 29.13.020.
Whenever any city, town, or district shall hold any
primary or election, general or special, on an isolated date,
all costs of such elections shall be borne by the city, town,
or district concerned.
The purpose of this section is to clearly establish that
the county is not responsible for any costs involved in the
holding of any city, town, or district election.
In recovering such election expenses, including a
reasonable pro-ration of administrative costs, the county
auditor shall certify the cost to the county treasurer with a
copy to the clerk or auditor of the city, town, or district
concerned. Upon receipt of such certification, the county
treasurer shall make the transfer from any available and
appropriate city, town, or district funds to the county current
expense fund or to the county election reserve fund if such
a fund is established. Each city, town, or district shall be
promptly notified by the county treasurer whenever such
transfer has been completed: PROVIDED, HOWEVER,
That in those districts wherein a treasurer, other than the
county treasurer, has been appointed such transfer procedure
shall not apply but the district shall promptly issue its
warrant for payment of election costs. [1965 c 123 § 5;
1965 c 9 § 29.13.045. Prior: 1963 c 200 § 7; 1951 c 257
§ 5.]
Compensation of precinct election officers: RCW 29.04.020.
County, municipality, or special district facilities as polling places, payment
for: RCW 29.48.007.
Diking districts, election to authorize, costs: RCW 85.38.060.
Diking or drainage district, reorganization into improvement district
1917 act, election to authorize: RCW 85.38.060.
1933 act, election to authorize: RCW 85.38.060.
Expense of printing and distributing ballot materials: RCW 29.30.130.
Expense of recount—Charges: RCW 29.64.060.
Port districts, formation of, election on, expense of: RCW 53.04.070.
Public utility district elections, expense of: RCW 54.08.041.
Reclamation districts of one million acres, election to form, expense: RCW
89.30.115.
Soil and water conservation district, election to form, expense: RCW
89.08.140.
Water-sewer districts
annexation of territory by, election on, expense: RCW 57.24.050.
formation of, expense: RCW 57.04.055.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
29.13.040 Conduct of elections—Canvass. All
elections, whether special or general, held under RCW
29.13.010 and 29.13.020 as now or hereafter amended, shall
be conducted by the county auditor as ex officio county
supervisor of elections and except as provided in RCW
[Title 29 RCW—page 30]
29.13.047 State share of election costs. (1) Whenever state officers or measures are voted upon at a state
primary or general election held in an odd-numbered year
under RCW 29.13.010, the state of Washington shall assume
a prorated share of the costs of that state primary or general
election.
(2002 Ed.)
Times for Holding Elections and Primaries
29.13.047
(2) Whenever a primary or vacancy election is held to
fill a vacancy in the position of United States senator or
United States representative under chapter 29.68 RCW, the
state of Washington shall assume a prorated share of the
costs of that primary or vacancy election.
(3) The county auditor shall apportion the state’s share
of these expenses when prorating election costs under RCW
29.13.045 and shall file such expense claims with the
secretary of state.
(4) The secretary of state shall include in his or her
biennial budget requests sufficient funds to carry out this
section. Reimbursements for election costs shall be from
appropriations specifically provided by law for that purpose.
[1985 c 45 § 2; 1977 ex.s. c 144 § 4; 1975-’76 2nd ex.s. c
4 § 1; 1973 c 4 § 2.]
(2) Except as provided in *RCW 28A.315.460, the
directors to be elected may be elected for terms of six years
and until their successors are elected and qualified and
assume office in accordance with RCW 29.04.170.
(3) If the board of directors of a school district included
within the definition in subsection (1) of this section reduces
the length of the term of office for school directors in the
district from six to four years, the reduction in the length of
term must not affect the term of office of any incumbent
director without his or her consent, and provision must be
made to appropriately stagger future elections of school
directors. [1996 c 202 § 1; 1991 c 363 § 32; 1990 c 33 §
563; 1989 c 10 § 7. Prior: 1979 ex.s. c 183 § 11; 1979
ex.s. c 126 § 15; 1965 c 9 § 29.13.060; prior: 1963 c 200
§ 9; 1943 c 10 § 1; Rem. Supp. 1943 § 4810-1.]
Legislative intent—1985 c 45: "It is the intention of the legislature
that sections 2 through 7 of this act shall provide an orderly and predictable
election procedure for filling vacancies in the offices of United States
representative and United States senator." [1985 c 45 § 1.]
Compensation of precinct election officers: RCW 29.04.020.
*Reviser’s note: RCW 28A.315.460 was recodified as RCW
28A.343.610 pursuant to 1999 c 315 § 805.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Directors—Number and terms of in new first class district having city with
population of 400,000 people or more: RCW 28A.343.650.
29.13.048 Interest on reimbursement of costs. For
any reimbursement of election costs under RCW 29.13.047,
the secretary of state shall pay interest at an annual rate
equal to two percentage points in excess of the discount rate
on ninety-day commercial paper in effect at the federal
reserve bank in San Francisco on the fifteenth day of the
month immediately preceding the payment for any period of
time in excess of thirty days after the receipt of a properly
executed and documented voucher for such expenses and the
entry of an allotment from specifically appropriated funds for
this purpose under *RCW 43.88.111. The secretary of state
shall promptly notify any county that submits an incomplete
or inaccurate voucher for reimbursement under RCW
29.13.047. [1986 c 167 § 7.]
29.13.070 Primaries. Nominating primaries for
general elections to be held in November shall be held at the
regular polling places in each precinct on the third Tuesday
of the preceding September or on the seventh Tuesday
immediately preceding such general election, whichever
occurs first. [1977 ex.s. c 361 § 29; 1965 ex.s. c 103 § 6;
1965 c 9 § 29.13.070. Prior: 1963 c 200 § 25; 1907 c 209
§ 3; RRS § 5179.]
*Reviser’s note: RCW 43.88.111 was repealed by 1986 c 215 § 7.
Severability—1986 c 167: See note following RCW 29.01.055.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.13.050 Local officers, beginning of terms—
Organization of district boards of directors. The term of
every city, town, and district officer elected to office on the
first Tuesday following the first Monday in November of the
odd-numbered years shall begin in accordance with RCW
29.04.170: PROVIDED, That any person elected to less
than a full term shall assume office as soon as the election
returns have been certified and he or she is qualified in accordance with RCW 29.01.135.
Each board of directors of every district shall be
organized at the first meeting held after one or more newly
elected directors take office. [1979 ex.s. c 126 § 14; 1965
c 123 § 6; 1965 c 9 § 29.13.050. Prior: 1963 c 200 § 8;
1959 c 86 § 1; prior: 1951 c 257 § 6. (i) 1949 c 161 § 9;
Rem. Supp. 1949 § 5146-1. (ii) 1949 c 163 § 1; 1921 c 61
§ 4; Rem. Supp. 1949 § 5146.]
29.13.080 Opening and closing polls. At all primaries and elections, general or special, in all counties the polls
must be kept open from seven o’clock a.m. to eight o’clock
p.m. All qualified electors who are at the polling place at
eight o’clock p.m., shall be allowed to cast their votes.
[1973 c 78 § 1; 1965 ex.s. c 101 § 13; 1965 c 9 §
29.13.080. Prior: (i) 1921 c 61 § 7; RRS § 5149. (ii) 1921
c 170 § 5; RRS § 5154. (iii) 1921 c 178 § 7; 1907 c 235 §
1; 1889 p 413 § 35; RRS § 5319. (iv) 1919 c 163 § 16,
part; 1907 c 209 § 17, part; RRS § 5194, part.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
29.13.060 Elections in certain first class school
districts. (1) In each county with a population of two
hundred ten thousand or more, first class school districts
containing a city of the first class shall hold their elections
biennially as provided in RCW 29.13.020.
(2002 Ed.)
Closing the polls: RCW 29.51.250.
District elections, hours, see particular districts.
Employer’s duty to provide time to vote: RCW 49.28.120.
Polls open continuously—Announcement of closing: RCW 29.51.240.
Proclamation opening the polls: RCW 29.48.100.
29.13.100 United States Constitutional amendment
conventions—Election of convention delegates. See RCW
29.74.030.
[Title 29 RCW—page 31]
Chapter 29.15
Title 29 RCW: Elections
Chapter 29.15
FILING FOR OFFICE
Sections
29.15.010
29.15.020
29.15.025
29.15.026
29.15.030
Declaration and affidavit of candidacy.
Declaration of candidacy—Certain offices, when filed.
Qualifications for filing, appearance on ballot.
Information on geographical boundaries.
Declaration of candidacy—Where filed—Copy to public
disclosure commission.
29.15.040 Declaration—Filing by mail.
29.15.044 Electronic filing—Authorized—Period.
29.15.046 Electronic filing—Rules.
29.15.050 Declaration—Fees and petitions.
29.15.060 Nominating petition—Form.
29.15.070 Petitions—Rejection—Acceptance, canvass of signatures—
Judicial review.
29.15.080 Petitions—Penalties for improperly signing.
29.15.090 Candidates’ names—Nicknames.
29.15.100 Duplication of, use of nonexistent or untrue names, as felony.
29.15.110 Duplication of names—Conspiracy—Criminal and civil
liability.
29.15.120 Withdrawal of candidacy.
29.15.125 Notice of date for withdrawal.
29.15.130 Officials to designate position numbers, when—Effect.
29.15.140 Designation of short terms, full terms, and unexpired
terms—Filing declarations—Election to both short and
full terms.
29.15.150 Elections to fill unexpired term—No primary, when.
29.15.160 Void in candidacy—Exception.
29.15.170 Reopening of filing—Occurrences before sixth Tuesday
before primary.
29.15.180 Reopening of filing—Occurrences after sixth Tuesday before
primary.
29.15.190 Scheduled election lapses, when.
29.15.200 Lapse of election when no filing for single positions—
Effect.
29.15.210 Notice of void in candidacy.
29.15.220 Filings to fill void in candidacy—How made.
29.15.230 Vacancy in partisan elective office—Special filing period.
29.15.240 Rejection of ineligible persons.
29.15.800 Rules by secretary of state.
29.15.900 Intent—1990 c 59.
29.15.901 Effective date—1990 c 59.
Vacancy on major party ticket: RCW 29.18.150.
29.15.010 Declaration and affidavit of candidacy.
A candidate who desires to have his or her name printed on
the ballot for election to an office other than president of the
United States, vice president of the United States, or an
office for which ownership of property is a prerequisite to
voting shall complete and file a declaration and affidavit of
candidacy. The secretary of state shall adopt, by rule, a
declaration of candidacy form for the office of precinct
committee officer and a separate standard form for candidates for all other offices filing under this chapter. Included
on the standard form shall be:
(1) A place for the candidate to declare that he or she
is a registered voter within the jurisdiction of the office for
which he or she is filing, and the address at which he or she
is registered;
(2) A place for the candidate to indicate the position for
which he or she is filing;
(3) A place for the candidate to indicate a party designation, if applicable;
(4) A place for the candidate to indicate the amount of
the filing fee accompanying the declaration of candidacy or
for the candidate to indicate that he or she is filing a
[Title 29 RCW—page 32]
nominating petition in lieu of the filing fee under RCW
29.15.050;
(5) A place for the candidate to sign the declaration of
candidacy, stating that the information provided on the form
is true and swearing or affirming that he or she will support
the Constitution and laws of the United States and the
Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the
information provided with the filing is true, that he or she
will support the Constitutions and laws of the United States
and the state of Washington, and that he or she agrees to
electronic payment of the filing fee established in RCW
29.15.050.
The secretary of state may require any other information
on the form he or she deems appropriate to facilitate the
filing process. [2002 c 140 § 1; 1990 c 59 § 82.]
Implementation—2002 c 140: "The secretary of state may take the
necessary steps to ensure that this act is implemented on its effective date."
[2002 c 140 § 5.]
Captions not law—2002 c 140: "Section captions used in this act are
not part of the law." [2002 c 140 § 6.]
29.15.020 Declaration of candidacy—Certain
offices, when filed. Except where otherwise provided by
this title, declarations of candidacy for the following offices
shall be filed during regular business hours with the filing
officer no earlier than the fourth Monday in July and no later
than the following Friday in the year in which the office is
scheduled to be voted upon:
(1) Offices that are scheduled to be voted upon for full
terms or both full terms and short terms at, or in conjunction
with, a state general election; and
(2) Offices where a vacancy, other than a short term,
exists that has not been filled by election and for which an
election to fill the vacancy is required in conjunction with
the next state general election.
This section supersedes all other statutes that provide for
a different filing period for these offices. [1990 c 59 § 81;
1986 c 167 § 8; 1984 c 142 § 2. Formerly RCW
29.18.025.]
Severability—1986 c 167: See note following RCW 29.01.055.
Intent—1984 c 142: "It is the intention of the legislature that this act
shall provide an equitable qualifying procedure for candidates who, at the
time of filing, lack sufficient assets or income to pay the filing fees
otherwise required of candidates for public office." [1984 c 142 § 1.]
29.15.025 Qualifications for filing, appearance on
ballot. (1) A person filing a declaration and affidavit of
candidacy for an office shall, at the time of filing, be a
registered voter and possess the qualifications specified by
law for persons who may be elected to the office.
(2) The name of a candidate for an office shall not
appear on a ballot for that office unless, except as provided
in RCW 3.46.067 and 3.50.057, the candidate is, at the time
the candidate’s declaration and affidavit of candidacy is
filed, properly registered to vote in the geographic area
represented by the office. For the purposes of this section,
each geographic area in which registered voters may cast
ballots for an office is represented by that office. If a person
elected to an office must be nominated from a district or
similar division of the geographic area represented by the
(2002 Ed.)
Filing for Office
29.15.025
office, the name of a candidate for the office shall not
appear on a primary ballot for that office unless the candidate is, at the time the candidate’s declaration and affidavit
of candidacy is filed, properly registered to vote in that
district or division. The officer with whom declarations and
affidavits of candidacy must be filed under this title shall
review each such declaration filed regarding compliance with
this subsection.
(3) This section does not apply to the office of a
member of the United States congress. [1999 c 298 § 9;
1993 c 317 § 10; 1991 c 178 § 1. Formerly RCW
29.18.021.]
or a list containing the name of each candidate who files
such a declaration in his office during such filing period
together with a precise identification of the position sought
by each such candidate and the date on which each such
declaration was filed. Such official, within three days
following his receipt of any letter withdrawing a person’s
name as a candidate, shall also forward a copy of such
withdrawal letter to the public disclosure commission. [2002
c 140 § 4; 1998 c 22 § 1; 1990 c 59 § 84; 1977 ex.s. c 361
§ 30; 1975-’76 2nd ex.s. c 112 § 1; 1965 c 9 § 29.18.040.
Prior: 1907 c 209 § 7; RRS § 5184. Formerly RCW
29.18.040.]
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
Implementation—Captions not law—2002 c 140: See notes
following RCW 29.15.010.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Construction—1975-’76 2nd ex.s. c 112: RCW 42.17.945.
Severability—1975-’76 2nd ex.s. c 112: RCW 42.17.912.
Precinct committee officer, filing of declaration of candidacy with county
auditor: RCW 29.42.040.
Public disclosure—Campaign finances, lobbying, records: Chapter 42.17
RCW.
29.15.026 Information on geographical boundaries.
(1) The legislative authority of each county and each city,
town, and special purpose district which lies entirely within
the county shall provide the county auditor accurate information describing its geographical boundaries and the
boundaries of its director, council, or commissioner districts
and shall ensure that the information provided to the auditor
is kept current.
(2) A city, town, or special purpose district that lies in
more than one county shall provide the secretary of state
accurate information describing its geographical boundaries
and the boundaries of its director, council, or commissioner
districts and shall ensure that the information provided to the
secretary is kept current. The secretary of state shall
promptly transmit to each county in which a city, town, or
special purpose district is located information regarding the
boundaries of that jurisdiction which is provided to the
secretary. [1991 c 178 § 2. Formerly RCW 29.04.220.]
29.15.030 Declaration of candidacy—Where filed—
Copy to public disclosure commission. Declarations of
candidacy shall be filed with the following filing officers:
(1) The secretary of state for declarations of candidacy
for statewide offices, United States senate, and United States
house of representatives;
(2) The secretary of state for declarations of candidacy
for the state legislature, the court of appeals, and the superior
court when voters from a district comprising more than one
county vote upon the candidates;
(3) The county auditor for all other offices. For any
nonpartisan office, other than judicial offices and school
director in joint districts, where voters from a district
comprising more than one county vote upon the candidates,
a declaration of candidacy shall be filed with the county
auditor of the county in which a majority of the registered
voters of the district reside. For school directors in joint
school districts, the declaration of candidacy shall be filed
with the county auditor of the county designated by the state
board of education as the county to which the joint school
district is considered as belonging under RCW 28A.323.040.
Each official with whom declarations of candidacy are
filed under this section, within one business day following
the closing of the applicable filing period, shall transmit to
the public disclosure commission the information required in
RCW 29.15.010 (1) through (4) for each declaration of
candidacy filed in his or her office during such filing period
(2002 Ed.)
29.15.040 Declaration—Filing by mail. Any candidate may mail his or her declaration of candidacy for an
office to the filing officer. Such declarations of candidacy
shall be processed by the filing officer in the following
manner:
(1) Any declaration received by the filing officer by
mail before the tenth business day immediately preceding the
first day for candidates to file for office shall be returned to
the candidate submitting it, together with a notification that
the declaration of candidacy was received too early to be
processed. The candidate shall then be permitted to resubmit
his or her declaration of candidacy during the filing period.
(2) Any properly executed declaration of candidacy
received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office
and before the close of business on the last day of the filing
period shall be included with filings made in person during
the filing period. In partisan and judicial elections the filing
officer shall determine by lot the order in which the names
of those candidates shall appear upon sample and absentee
primary ballots.
(3) Any declaration of candidacy received by the filing
officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the
candidate attempting to file it. [1987 c 110 § 2; 1986 c 120
§ 2. Formerly RCW 29.18.045.]
Precinct committee officer, declaration of candidacy, fee: RCW 29.42.040,
29.42.050.
29.15.044 Electronic Filing—Authorized—Period.
A candidate may file his or her declaration of candidacy for
an office by electronic means on a system specifically
designed and authorized by a filing officer to accept filings.
(1) Filings that are received electronically must capture
all information specified in RCW 29.15.010 (1) through (4).
(2) Electronic filing may begin at 9:00 a.m. the fourth
Monday in July and continue through 4:00 p.m. the following Friday.
[Title 29 RCW—page 33]
29.15.044
Title 29 RCW: Elections
(3) In case of special filing periods established in this
chapter, electronic filings may be accepted beginning at 9:00
a.m. on the first day of the special filing period through 4:00
p.m. the last day of the special filing period. [2002 c 140 §
2.]
Implementation—Captions not law—2002 c 140: See notes
following RCW 29.15.010.
WARNING
Any person who signs this petition with any other
than his or her true name, or who knowingly (1)
signs more than one petition for any single candidate, (2) signs the petition when he or she is not a
legal voter, or (3) makes any false statement may
be subject to fine, or imprisonment, or both.
29.15.046 Electronic filing—Rules. The secretary of
state as chief election officer may adopt rules, in accordance
with chapter 34.05 RCW, to facilitate electronic filing and
establish which jurisdictions are eligible to accept electronic
filing. The rules must detail the circumstances under which
the electronic filing of documents will be permitted, how the
documents will be filed, and how the secretary of state will
return filed documents. Such rules may also impose
additional requirements related to implementation of electronic filing processes. [2002 c 140 § 3.]
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the
nomination is made) , hereby petition that the name of
(candidate’s name) be printed on the official primary
ballot for the office of (insert name of office) .
Implementation—Captions not law—2002 c 140: See notes
following RCW 29.15.010.
1– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Signature
Printed Name
Residence Address
City
County
2– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
29.15.050 Declaration—Fees and petitions. A filing
fee of one dollar shall accompany each declaration of
candidacy for precinct committee officer; a filing fee of ten
dollars shall accompany the declaration of candidacy for any
office with a fixed annual salary of one thousand dollars or
less; a filing fee equal to one percent of the annual salary of
the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary
of more than one thousand dollars per annum. No filing fee
need accompany a declaration of candidacy for any office
for which compensation is on a per diem or per meeting
attended basis.
A candidate who lacks sufficient assets or income at the
time of filing to pay the filing fee required by this section
shall submit with his or her declaration of candidacy a
nominating petition. The petition shall contain not less than
a number of signatures of registered voters equal to the
number of dollars of the filing fee. The signatures shall be
of voters registered to vote within the jurisdiction of the
office for which the candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory
from more than one county, the fee shall be paid to the
secretary of state for equal division between the treasuries of
the counties comprising the district.
(2) A city or town office, the fee shall be paid to the
county auditor who shall transmit it to the city or town clerk
for deposit in the city or town treasury. [1999 c 298 § 10;
1999 c 157 § 2; 1990 c 59 § 85; 1987 c 295 § 2; 1984 c 142
§ 4; 1965 c 9 § 29.18.050. Prior: 1909 c 82 § 2; 1907 c
209 § 5; RRS § 5182. Formerly RCW 29.18.050.]
Intent—1984 c 142: See note following RCW 29.15.020.
Precinct committee officer, declaration of candidacy, fee: RCW 29.42.040,
29.42.050.
29.15.060 Nominating petition—Form. The nominating petition authorized by RCW 29.15.050 shall be
printed on sheets of uniform color and size, shall contain no
more than twenty numbered lines, and shall be in substantially the following form:
[Title 29 RCW—page 34]
3– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
etc.
[1984 c 142 § 5. Formerly RCW 29.18.053.]
Intent—1984 c 142: See note following RCW 29.15.020.
29.15.070 Petitions—Rejection—Acceptance,
canvass of signatures—Judicial review. Nominating
petitions may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of
candidacy;
(4) The time within which the petition and the declaration of candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is
filed shall canvass the signatures contained on it and shall
reject the signatures of those persons who are not registered
voters and the signatures of those persons who are not
registered to vote within the jurisdiction of the office for
which the nominating petition is filed. He or she shall
additionally reject any signature that appears on the nominating petitions of two or more candidates for the same office
and shall also reject, each time it appears, the name of any
person who signs the same petition more than once.
If the officer with whom the petition is filed refuses to
accept the petition or refuses to certify the petition as
bearing sufficient valid signatures, the person filing the
petition may appeal that action to the superior court. The
application for judicial review shall take precedence over
other cases and matters and shall be speedily heard and
determined. [1984 c 142 § 6. Formerly RCW 29.18.055.]
Intent—1984 c 142: See note following RCW 29.15.020.
29.15.080 Petitions—Penalties for improperly
signing. The following apply to persons signing nominating
petitions prescribed by RCW 29.15.060:
(1) A person who signs a petition with any other than
his or her name shall be guilty of a misdemeanor.
(2002 Ed.)
Filing for Office
(2) A person shall be guilty of a misdemeanor if the
person knowingly: Signs more than one petition for any
single candidacy of any single candidate; signs the petition
when he or she is not a legal voter; or makes a false
statement as to his or her residence. [1984 c 142 § 8.
Formerly RCW 29.18.057.]
Intent—1984 c 142: See note following RCW 29.15.020.
29.15.090 Candidates’ names—Nicknames. When
filing for office, a candidate may indicate the manner in
which he or she desires his or her name to be printed on the
ballot. For filing purposes, a candidate may use a nickname
by which he or she is commonly known as his or her first
name, but the last name shall be the name under which he
or she is registered to vote.
No candidate may:
(1) Use a nickname that denotes present or past occupation, including military rank;
(2) Use a nickname that denotes the candidate’s position
on issues or political affiliation;
(3) Use a nickname designed intentionally to mislead
voters.
The secretary of state shall adopt rules to resolve those
instances when candidates have filed for the same office
whose last names are so similar in sound or spelling as to be
confusing to the voter. [1990 c 59 § 83.]
29.15.100 Duplication of, use of nonexistent or
untrue names, as felony. A person is guilty of a felony
who files a declaration of candidacy for any public office of:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his true name; or
(3) A name similar to that of an incumbent seeking
reelection to the same office with intent to confuse and
mislead the electors by taking advantage of the public
reputation of the incumbent; or
(4) A surname similar to one who has already filed for
the same office, and whose political reputation is widely
known, with intent to confuse and mislead the electors by
capitalizing on the public reputation of the candidate who
had previously filed. [1965 c 9 § 29.18.070. Prior: (i)
1943 c 198 § 2; Rem. Supp. 1943 § 5213-11. (ii) 1943 c
198 § 3; Rem. Supp. 1943 § 5213-12. Formerly RCW
29.18.070.]
29.15.110 Duplication of names—Conspiracy—
Criminal and civil liability. Any person who with intent to
mislead or confuse the electors conspires with another person
who has a surname similar to an incumbent seeking reelection to the same office, or to an opponent for the same office
whose political reputation has been well established, by
persuading such other person to file for such office with no
intention of being elected, but to defeat the incumbent or the
well known opponent, shall be guilty of a felony. In
addition thereto such person or persons shall be subject to a
suit for civil damages the amount of which shall not exceed
the salary which the injured person would have received had
he been elected or reelected. [1965 c 9 § 29.18.080. Prior:
1943 c 198 § 6; Rem. Supp. 1943 § 5213-15. Formerly
RCW 29.18.080.]
(2002 Ed.)
29.15.080
29.15.120 Withdrawal of candidacy. A candidate
may withdraw his or her declaration of candidacy at any
time before the close of business on the Thursday following
the last day for candidates to file under RCW 29.15.020 by
filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be
printed on the ballot. There shall be no withdrawal period
for declarations of candidacy filed during special filing
periods held under this title. The filing officer may permit
the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no
absentee ballots have been issued for that office and the
general election ballots for that precinct have not been
printed. The filing officer may permit the withdrawal of a
filing for any elected office of a city, town, or special district
at the request of the candidate at any time before a primary
if the primary ballots for that city, town, or special district
have not been ordered. No filing fee may be refunded to
any candidate who withdraws under this section. Notice of
the deadline for withdrawal of candidacy and that the filing
fee is not refundable shall be given to each candidate at the
time he or she files. [1994 c 223 § 6; 1990 c 59 § 86; 1984
c 142 § 7. Formerly RCW 29.18.105.]
Intent—1984 c 142: See note following RCW 29.15.020.
Vacancy on major party ticket: RCW 29.18.150.
29.15.125 Notice of date for withdrawal. Each
person who files a declaration of candidacy for an elected
office of a city, town, or special district shall be given
written notice of the date by which a candidate may withdraw his or her candidacy under RCW 29.15.120. [1994 c
223 § 7.]
29.15.130 Officials to designate position numbers,
when—Effect. Not less than thirty days before the first day
for filing declarations of candidacy under RCW 29.15.020
for legislative, judicial, county, city, town, or district office,
where more than one position with the same name, district
number, or title will be voted upon at the succeeding election, the filing officer shall designate the positions to be
filled by number.
The positions so designated shall be dealt with as
separate offices for all election purposes. With the exception
of the office of justice of the supreme court, the position
numbers shall be assigned, whenever possible, to reflect the
position numbers that were used to designate the same
positions at the last full-term election for those offices.
[1990 c 59 § 79; 1965 c 52 § 1. Formerly RCW 29.18.015.]
29.15.140 Designation of short terms, full terms,
and unexpired terms—Filing declarations—Election to
both short and full terms. If at the same election there are
short terms or full terms and unexpired terms of office to be
filled, the filing officer shall distinguish them and designate
the short term, the full term, and the unexpired term, as
such, or by use of the words "short term," "unexpired two
year term," or "four year term," as the case may be.
In filing the declaration of candidacy in such cases the
candidate shall specify that the candidacy is for the short
term, the full term, or the unexpired term. When both a
short term and a full term for the same position are sched[Title 29 RCW—page 35]
29.15.140
Title 29 RCW: Elections
uled to be voted upon, or when a short term is created after
the close of the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as
a filing for both the short term and the full term and the
name of such candidate shall appear upon the ballot for the
position sought with the designation "short term and full
term." The candidate elected to both such terms shall be
sworn into and assume office for the short term as soon as
the election returns have been certified and shall again be
sworn into office on the second Monday in January following the election to assume office for the full term. [1990 c
59 § 92; 1975-’76 2nd ex.s. c 120 § 4; 1965 c 9 §
29.21.140. Prior: (i) 1927 c 155 § 1, part; 1925 ex.s. c 68
§ 1, part; 1921 c 116 § 1, part; 1919 c 85 § 1, part; 1911 c
101 § 1, part; 1909 c 82 § 11, part; 1907 c 209 § 38, part;
RRS § 5212, part. (ii) 1933 c 85 § 1, part; RRS § 5213-1,
part. Formerly RCW 29.21.140.]
election officer with whom such declarations of candidacy
are filed and notice thereof given by notifying press, radio,
and television in the county and by such other means as may
now or hereafter be provided by law whenever before the
sixth Tuesday prior to a primary:
(1) A void in candidacy occurs;
(2) A vacancy occurs in any nonpartisan office leaving
an unexpired term to be filled by an election for which
filings have not been held; or
(3) A nominee for judge of the superior court entitled to
a certificate of election pursuant to Article 4, section 29,
Amendment 41 of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period
shall appear on the ballot as if made during the earlier filing
period. [2001 c 46 § 1; 1975-’76 2nd ex.s. c 120 § 10; 1972
ex.s. c 61 § 2. Formerly RCW 29.21.360.]
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
Term of person elected to fill vacancy: RCW 42.12.030.
Vacancies in public office, how filled: RCW 42.12.010.
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
Severability—1972 ex.s. c 61: See note following RCW 29.15.160.
29.15.150 Elections to fill unexpired term—No
primary, when. Whenever it shall be necessary to hold a
special election in an odd-numbered year to fill an unexpired
term of any office which is scheduled to be voted upon for
a full term in an even-numbered year, no September primary
election shall be held in the odd-numbered year if, after the
last day allowed for candidates to withdraw, either of the
following circumstances exist:
(1) No more than one candidate of each qualified
political party has filed a declaration of candidacy for the
same partisan office to be filled; or
(2) No more than two candidates have filed a declaration of candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations
of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would
have been printed upon the September primary ballot, but for
the provisions of this section, shall be printed as nominees
for the positions sought upon the November general election
ballot. [1973 c 4 § 3. Formerly RCW 29.13.075.]
29.15.160 Void in candidacy—Exception. A void in
candidacy for a nonpartisan office occurs when an election
for such office, except for the short term, has been scheduled
and no valid declaration of candidacy has been filed for the
position or all persons filing such valid declarations of
candidacy have died or been disqualified. [1975-’76 2nd
ex.s. c 120 § 9; 1972 ex.s. c 61 § 1. Formerly RCW
29.21.350.]
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
Severability—1972 ex.s. c 61: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1972 ex.s. c 61 § 8.]
29.15.170 Reopening of filing—Occurrences before
sixth Tuesday before primary. Filings for a nonpartisan
office shall be reopened for a period of three normal
business days, such three day period to be fixed by the
[Title 29 RCW—page 36]
29.15.180 Reopening of filing—Occurrences after
sixth Tuesday before primary. Filings for a nonpartisan
office (other than judge of the supreme court or superintendent of public instruction) shall be reopened for a period of
three normal business days, such three day period to be fixed
by the election officer with whom such declarations of
candidacy are filed and notice thereof given by notifying
press, radio, and television in the county and by such other
means as may now or hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office
occurs on or after the sixth Tuesday prior to a primary but
prior to the sixth Tuesday before an election; or
(2) A nominee for judge of the superior court eligible
after a contested primary for a certificate of election by
Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified within the ten day period
immediately following the last day allotted for a candidate
to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or
after the sixth Tuesday prior to a primary but prior to the
sixth Tuesday before an election leaving an unexpired term
to be filled by an election for which filings have not been
held.
The candidate receiving a plurality of the votes cast for
that office in the general election shall be deemed elected.
[2001 c 46 § 2; 1975-’76 2nd ex.s. c 120 § 11; 1972 ex.s. c
61 § 3. Formerly RCW 29.21.370.]
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.15.160.
Severability—1972 ex.s. c 61: See note following RCW 29.15.160.
29.15.190 Scheduled election lapses, when. A
scheduled election shall be lapsed, the office deemed stricken
from the ballot, no purported write-in votes counted, and no
candidate certified as elected, when:
(1) In an election for judge of the supreme court or
superintendent of public instruction, a void in candidacy
occurs on or after the sixth Tuesday prior to a primary,
public filings and the primary being an indispensable phase
of the election process for such offices;
(2002 Ed.)
Filing for Office
(2) Except as otherwise specified in RCW 29.15.180, as
now or hereafter amended, a nominee for judge of the
superior court entitled to a certificate of election pursuant to
Article 4, section 29, Amendment 41 of the state Constitution dies or is disqualified on or after the sixth Tuesday prior
to a primary;
(3) In other elections for nonpartisan office a void in
candidacy occurs or a vacancy occurs involving an unexpired
term to be filled on or after the sixth Tuesday prior to an
election. [2002 c 108 § 1; 1975-’76 2nd ex.s. c 120 § 12;
1972 ex.s. c 61 § 4. Formerly RCW 29.21.380.]
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
Severability—1972 ex.s. c 61: See note following RCW 29.15.160.
29.15.200 Lapse of election when no filing for single
positions—Effect. If after both the normal filing period and
special three day filing period as provided by RCW
29.15.170 and 29.15.180 have passed, no candidate has filed
for any single city, town, or district position to be filled, the
election for such position shall be deemed lapsed, the office
deemed stricken from the ballot and no write-in votes
counted. In such instance, the incumbent occupying such
position shall remain in office and continue to serve until a
successor is elected at the next election when such positions
are voted upon. [1994 c 223 § 8; 1975-’76 2nd ex.s. c 120
§ 13. Formerly RCW 29.21.385.]
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
29.15.210 Notice of void in candidacy. The election
officer with whom declarations of candidacy are filed shall
give notice of a void in candidacy for a nonpartisan office,
by notifying press, radio, and television in the county and by
such other means as may now or hereafter be provided by
law. The notice shall state the office, and the time and place
for filing declarations of candidacy. [1972 ex.s. c 61 § 5.
Formerly RCW 29.21.390.]
Severability—1972 ex.s. c 61: See note following RCW 29.15.160.
29.15.220 Filings to fill void in candidacy—How
made. Filings to fill a void in candidacy for nonpartisan
office shall be made in the same manner and with the same
official as required during the regular filing period for such
office: PROVIDED, That nominating signature petitions
which may be required of candidates filing for certain
district offices during the normal filing period shall not be
required of candidates filing during the special three day
filing period. [1972 ex.s. c 61 § 6. Formerly RCW
29.21.400.]
Severability—1972 ex.s. c 61: See note following RCW 29.15.160.
29.15.230 Vacancy in partisan elective office—
Special filing period. Filings for a partisan elective office
shall be opened for a period of three normal business days
whenever, on or after the first day of the regular filing
period and before the sixth Tuesday prior to a primary, a
vacancy occurs in that office, leaving an unexpired term to
be filled by an election for which filings have not been held.
Any such special three-day filing period shall be fixed
by the election officer with whom declarations of candidacy
(2002 Ed.)
29.15.190
for that office are filed. The election officer shall give
notice of the special three-day filing period by notifying the
press, radio, and television in the county or counties involved, and by such other means as may be required by law.
Candidacies validly filed within the special three-day
filing period shall appear on the primary ballot as if filed
during the regular filing period. [2001 c 46 § 3; 1981 c 180
§ 2. Formerly RCW 29.18.032.]
Severability—1981 c 180: See note following RCW 42.12.040.
Vacancy in partisan elective office, successor elected, when: RCW
42.12.040.
Vacancy in United States senate, special filing period in 1983: Chapter 1,
Laws of 1983 3rd ex. sess. (uncodified).
Vacancy on major party ticket: RCW 29.18.150.
29.15.240 Rejection of ineligible persons. (1) The
secretary of state or other election official authorized by law
shall not accept or verify the signatures, nor accept a
declaration of candidacy or a nomination paper, from or on
behalf of a person who, by reason of RCW 43.01.015,
44.04.015, 29.68.015, or 29.68.016, is ineligible for the
office, nor allow the person’s name to appear on the ballot.
(2) No terms or years served in office before November
3, 1992, may be used to determine eligibility to appear on
the ballot. [1993 c 1 § 7 (Initiative Measure No. 573,
approved November 3, 1992).]
Preamble—Severability—1993 c 1 (Initiative Measure No. 573):
See notes following RCW 43.01.015.
29.15.800 Rules by secretary of state. The secretary
of state shall adopt rules consistent with the provisions of
this chapter to facilitate its implementation. The secretary
shall publish proposed rules implementing this section not
later than December 15, 1991. [1990 c 59 § 97.]
29.15.900 Intent—1990 c 59. See note following
RCW 29.01.006.
29.15.901 Effective date—1990 c 59. See note
following RCW 29.01.006.
Chapter 29.18
PARTISAN PRIMARIES
Sections
29.18.010
29.18.120
29.18.150
Application of chapter.
General election laws govern primaries.
Vacancies on major party ticket caused by no filing—How
filled.
29.18.160 Vacancies by death or disqualification—How filled—
Correcting ballots—Counting votes already cast.
29.18.200 Blanket primary authorized.
Contest, ineligibility to hold office at time declared elected as ground for:
RCW 29.65.010.
Notice of primary election: RCW 29.27.030.
Political party conventions not to nominate candidates to be voted on in
primary: RCW 29.42.010.
29.18.010 Application of chapter. Candidates for the
following offices shall be nominated at partisan primaries
held pursuant to the provisions of this chapter:
(1) Congressional offices;
[Title 29 RCW—page 37]
29.18.010
Title 29 RCW: Elections
(2) All state offices except (a) judicial offices and (b)
the office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b)
those offices where a county home rule charter provides
otherwise. [1990 c 59 § 78; 1965 c 9 § 29.18.010. Prior:
1911 c 101 § 2; 1909 c 82 § 1; 1907 c 209 § 2; RRS §
5178.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.18.120 General election laws govern primaries.
So far as applicable, the provisions of this title relating to
conducting general elections shall govern the conduct of
primaries. [1990 c 59 § 87; 1971 ex.s. c 112 § 1; 1965 c 9
§ 29.18.120. Prior: (i) 1907 c 209 § 14; RRS § 5191. (ii)
1921 c 178 § 5; 1907 c 209 § 21; RRS § 5197. (iii) 1909
c 82 § 10; 1907 c 209 § 33; RRS § 5208.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.18.150 Vacancies on major party ticket caused
by no filing—How filled. Should a place on the ticket of
a major political party be vacant because no person has filed
for nomination as the candidate of that major political party,
after the last day allowed for candidates to withdraw as
provided by RCW 29.15.120, and if the vacancy is for a
state or county office to be voted on solely by the electors
of a single county, the county central committee of the major
political party may select and certify a candidate to fill the
vacancy; if the vacancy is for any other office the state
central committee of the major political party may select and
certify a candidate to fill the vacancy; the certificate must set
forth the cause of the vacancy, the name of the person
nominated, the office for which he is nominated and other
pertinent information required in an ordinary certificate of
nomination and be filed in the proper office no later than the
first Friday after the last day allowed for candidates to
withdraw, together with the candidate’s fee applicable to that
office and a declaration of candidacy. [1990 c 59 § 102;
1977 ex.s. c 329 § 12; 1965 c 9 § 29.18.150. Prior: 1961
c 130 § 17; prior: (i) 1933 c 21 § 1, part; 1919 c 163 § 24,
part; RRS § 5200, part. (ii) 1889 p 404 § 12; RRS § 5176.]
Should such vacancy occur no later than the sixth
Tuesday prior to the state primary or general election
concerned and the ballots have been printed, it shall be
mandatory that they be corrected by the appropriate election
officers. In making such correction, it shall not be necessary
to reprint complete ballots if any other less expensive
technique can be used and the resulting correction is reasonably clear.
Should such vacancy occur after the sixth Tuesday prior
to said state primary or general election and time does not
exist in which to correct ballots (including absentee ballots),
either in total or in part, then the votes cast or recorded for
the person who has died or become disqualified shall be
counted for the person who has been named to fill such
vacancy.
When the secretary of state is the person with whom the
appointment by the major or minor political party is filed, he
shall, in certifying candidates or nominations to the various
county officers insert the name of the person appointed to
fill a vacancy.
In the event that the secretary of state has already sent
forth his certificate when the appointment to fill a vacancy
is filed with him, he shall forthwith certify to the county
auditors of the proper counties the name and place of
residence of the person appointed to fill a vacancy, the office
for which he is a candidate or nominee, the party he represents and all other pertinent facts pertaining to the vacancy.
[2001 c 46 § 4; 1977 ex.s. c 329 § 13.]
29.18.200 Blanket primary authorized. Except as
provided otherwise in chapter 29.19 RCW, all properly
registered voters may vote for their choice at any primary
held under this title, for any candidate for each office,
regardless of political affiliation and without a declaration of
political faith or adherence on the part of the voter. [1990
c 59 § 88; 1965 c 9 § 29.18.200. Prior: 1935 c 26 § 5,
part; No RRS.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Chapter 29.19
PRESIDENTIAL PRIMARY
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.18.160 Vacancies by death or disqualification—
How filled—Correcting ballots—Counting votes already
cast. A vacancy caused by the death or disqualification of
any candidate or nominee of a major or minor political party
may be filled at any time up to and including the day prior
to the election for that position. For state partisan offices in
any political subdivision voted on solely by electors of a
single county, an individual shall be appointed to fill such
vacancy by the county central committee in the case of a
major political party or by the state central committee or
comparable governing body in the case of a minor political
party. For other partisan offices, including federal or
statewide offices, an individual shall be appointed to fill such
vacancy by the state central committee or comparable
governing body of the appropriate political party.
[Title 29 RCW—page 38]
Sections
29.19.010
29.19.020
29.19.030
29.19.045
29.19.055
29.19.070
29.19.080
29.19.900
Intent.
Date.
Ballot—Names included.
Procedures—Ballot form and arrangement.
Allocation of delegates—Party declarations.
Rules.
Costs.
Severability—1989 c 4.
29.19.010 Intent. The people of the state of Washington declare that:
(1) The current presidential nominating caucus system
in Washington state is unnecessarily restrictive of voter
participation in that it discriminates against the elderly, the
infirm, women, the handicapped, evening workers, and
others who are unable to attend caucuses and therefore
unable to fully participate in this most important quadrennial
event that occurs in our democratic system of government.
(2002 Ed.)
Presidential Primary
(2) It is the intent of this chapter to make the presidential selection process more open and representative of the
will of the people of our state.
(3) A presidential primary will afford the maximum
opportunity for voter access at regular polling places during
the daytime and evening hours convenient to the most
people.
(4) This state’s participation in the selection of presidential candidates shall be in accordance with the will of the
people as expressed in a presidential preference primary.
(5) It is the intent of this chapter, to the maximum
extent practicable, to continue to reserve to the political
parties the right to conduct their delegate selection as
prescribed by party rules insofar as it reflects the will of the
people as expressed in a presidential primary election
conducted every four years in the manner described by this
chapter. [1989 c 4 § 1 (Initiative Measure No. 99).]
29.19.020 Date. (1) On the fourth Tuesday in May of
each year in which a president of the United States is to be
nominated and elected, a presidential primary shall be held
at which voters may vote for the nominee of a major
political party for the office of president. The secretary of
state may propose an alternative date for the primary no later
than the first day of August of the year before the year in
which a president is to be nominated and elected.
(2) No later than the first day of September of the year
before the year in which a presidential nominee is selected,
the state committee of any major political party that will use
the primary results for candidates of that party may propose
an alternative date for that primary.
(3) If an alternative date is proposed under subsection
(1) or (2) of this section, a committee consisting of the chair
and the vice-chair of the state committee of each major
political party, the secretary of state, the majority leader and
minority leader of the senate, and the speaker and the
minority leader of the house of representatives shall meet
and, if affirmed by a two-thirds vote of the members of the
committee, the date of the primary shall be changed. The
committee shall meet and decide on the proposed alternate
date not later than the first day of October of the year before
the year in which a presidential nominee is selected. The
secretary of state shall convene and preside over the meeting
of the committee. A committee member other than a
legislator may appoint, in writing, a designee to serve on his
or her behalf. A legislator who is a member of the committee may appoint, in writing, another legislator to serve on his
or her behalf.
(4) If an alternate date is approved under this section,
the secretary of state shall adopt rules under RCW 29.19.070
to adjust the deadlines in RCW 29.19.030 and related
provisions of this chapter to correspond with the date that
has been approved. [1995 1st sp.s. c 20 § 1; 1989 c 4 § 2
(Initiative Measure No. 99).]
Effective date—1995 1st sp.s. c 20: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 15, 1995]." [1995 1st sp.s. c 20 § 7.]
29.19.030 Ballot—Names included. The name of any
candidate for a major political party nomination for president
(2002 Ed.)
29.19.010
of the United States shall be printed on the presidential
preference primary ballot of a major political party only:
(1) By direction of the secretary of state, who in the
secretary’s sole discretion has determined that the
candidate’s candidacy is generally advocated or is recognized
in national news media; or
(2) If members of the political party of the candidate
have presented a petition for nomination of the candidate
that has attached to the petition a sheet or sheets containing
the signatures of at least one thousand registered voters who
declare themselves in the petition as being affiliated with the
same political party as the presidential candidate. The petition shall be filed with the secretary of state not later than
the thirty-ninth day before the presidential preference
primary. The signature sheets shall also contain the residence address and name or number of the precinct of each
registered voter whose signature appears thereon and shall be
certified in the manner prescribed in RCW 29.79.200 and
29.79.210.
The secretary of state shall place the name of the
candidate on the ballot unless the candidate, at least thirtyfive days before the presidential preference primary, executes
and files with the secretary of state an affidavit stating
without qualification that he or she is not now and will not
become a candidate for the office of president of the United
States at the forthcoming presidential election. The secretary
of state shall certify the names of all candidates who will
appear on the presidential preference primary ballot to the
respective county auditors on or before the fourth Tuesday
in April of each presidential election year. [1989 c 4 § 3
(Initiative Measure No. 99).]
29.19.045 Procedures—Ballot form and arrangement. (1) Except where necessary to accommodate the
national or state rules of a major political party or where this
chapter specifically provides otherwise, the presidential
primary must be conducted in substantially the same manner
as a state partisan primary under this title.
(2) Except as provided under this chapter or by rule of
the secretary of state adopted under RCW 29.19.070, the
arrangement and form of presidential primary ballots must be
substantially as provided for a partisan primary under this
title. Whenever requested by a major political party, a
separate ballot containing only the candidates of that party
who have qualified under RCW 29.19.030 must be provided
for a voter who requests a ballot of that party. A primary
ballot, containing the names of all the candidates who have
qualified for a place on the ballot under RCW 29.19.030,
must be provided for nonaffiliated voters.
(3) The ballot must list alphabetically the names of all
candidates for the office of president. The ballot must
indicate the political party of each candidate adjacent to the
name of that candidate. Each ballot must include a blank
space to allow the voter to write in the name of any other
candidate.
(4) A presidential primary ballot with votes for more
than one candidate is void, and notice to this effect, stated in
clear, simple language and printed in large type, must appear
on the face of each presidential primary ballot or on or about
each voting device. [1995 1st sp.s. c 20 § 2.]
Effective date—1995 1st sp.s. c 20: See note following RCW
29.19.020.
[Title 29 RCW—page 39]
29.19.055
Title 29 RCW: Elections
29.19.055 Allocation of delegates—Party declarations. (1) A major political party may, under national or
state party rules, base the allocation of delegates from this
state to the national nominating convention of that party in
whole or in part on the participation in precinct caucuses and
conventions conducted under the rules of that party.
(2) If requested by a major political party, the secretary
of state shall adopt rules under RCW 29.19.070 to provide
for any declaration required by that party.
(3) Voters who subscribe to a specific political party
declaration under this section must be given ballots that are
readily distinguishable from those given to other voters.
Votes cast by persons making these declarations must be
tabulated and reported separately from other votes cast at the
primary and may be used by a major political party in its
allocation of delegates under the rules of that party.
(4) For a political party that requires a specific voter
declaration under this section, the secretary of state shall
prescribe rules for providing, to the state and county committees of that political party, a copy of the declarations or
a list of the voters who participated in the presidential
nominating process of that party. [1995 1st sp.s. c 20 § 3.]
Effective date—1995 1st sp.s. c 20: See note following RCW
29.19.020.
29.19.070 Rules. The secretary of state as chief
election officer may make rules in accordance with chapter
34.05 RCW to facilitate the operation, accomplishment, and
purpose of this chapter. The secretary of state shall adopt
rules consistent with this chapter to comply with national or
state political party rules. [1995 1st sp.s. c 20 § 4; 1989 c
4 § 7 (Initiative Measure No. 99).]
Effective date—1995 1st sp.s. c 20: See note following RCW
29.19.020.
29.19.080 Costs. Subject to available funds specifically appropriated for this purpose, whenever a presidential
primary is held as provided by this chapter, the state of
Washington shall assume all costs of holding the primary if
it is held alone. If any other election or elections are held
at the same time, the state is liable only for a prorated share
of the costs. The county auditor shall determine the costs,
including the state’s prorated share, if applicable, in the same
manner as provided under RCW 29.13.045 and shall file a
certified claim with the secretary of state. The secretary of
state shall include in his or her biennial budget requests
sufficient funds to carry out this section. Reimbursements
for primary costs must be from appropriations specifically
provided by law for that purpose. [1995 1st sp.s. c 20 § 5;
1989 c 4 § 8 (Initiative Measure No. 99).]
Effective date—1995 1st sp.s. c 20: See note following RCW
29.19.020.
29.19.900 Severability—1989 c 4. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 4 § 12 (Initiative Measure No. 99).]
[Title 29 RCW—page 40]
Chapter 29.21
NONPARTISAN PRIMARIES AND ELECTIONS
Sections
29.21.010 Local primaries.
29.21.015 When no local primary permitted—Procedure.
29.21.070 Nonpartisan offices specified.
29.21.410 Special election to fill unexpired term.
Contest, ineligibility to hold office at time declared elected as ground for:
RCW 29.65.010.
Notice of primary: RCW 29.27.030.
29.21.010 Local primaries. All city and town
primaries shall be nonpartisan. Primaries for special purpose
districts, except those districts that require ownership of
property within the district as a prerequisite to voting, shall
be nonpartisan. City, town, and district primaries shall be
held as provided in RCW 29.13.070.
The purpose of this section is to establish the holding of
a primary, subject to the exemptions in RCW 29.21.015, as
a uniform procedural requirement to the holding of city,
town, and district elections. These provisions supersede any
and all other statutes, whether general or special in nature,
having different election requirements. [1990 c 59 § 89;
1977 c 53 § 3; 1975-’76 2nd ex.s. c 120 § 1; 1965 c 123 §
7; 1965 c 9 § 29.21.010. Prior: 1951 c 257 § 7; 1949 c 161
§ 3; Rem. Supp. 1949 § 5179-1.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1975-’76 2nd ex.s. c 120: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 120
§ 16.]
29.21.015 When no local primary permitted—
Procedure. (1) No primary may be held for any single
position in any city, town, district, or district court, as
required by RCW 29.21.010, if, after the last day allowed for
candidates to withdraw, there are no more than two candidates filed for the position. The county auditor shall, as
soon as possible, notify all the candidates so affected that the
office for which they filed will not appear on the primary
ballot.
(2) No primary may be held for the office of commissioner of a park and recreation district or for the office of
cemetery district commissioner.
(3) Names of candidates for offices that do not appear
on the primary ballot shall be printed upon the general
election ballot in the manner specified by RCW 29.30.025.
[1998 c 19 § 1; 1996 c 324 § 1; 1990 c 59 § 90; 1975-’76
2nd ex.s. c 120 § 2; 1965 c 9 § 29.21.015. Prior: 1955 c
101 § 2; 1955 c 4 § 1.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
29.21.070 Nonpartisan offices specified. The offices
of superintendent of public instruction, justice of the supreme
court, judge of the court of appeals, judge of the superior
court, and judge of the district court shall be nonpartisan and
(2002 Ed.)
Nonpartisan Primaries and Elections
the candidates therefor shall be nominated and elected as
such.
All city, town, and special purpose district elective
offices shall be nonpartisan and the candidates therefor shall
be nominated and elected as such. [1990 c 59 § 91; 1987 c
202 § 193; 1971 c 81 § 75; 1965 c 9 § 29.21.070. Prior: (i)
1927 c 155 § 1, part; 1925 ex.s. c 68 § 1, part; 1921 c 116
§ 1, part; 1919 c 85 § 1, part; 1911 c 101 § 1, part; 1909 c
82 § 11, part; 1907 c 209 § 38, part; RRS § 5212, part. (ii)
1933 c 85 § 1, part; RRS § 5213-1, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Intent—1987 c 202: See note following RCW 2.04.190.
Eligibility of judges: State Constitution Art. 4 § 17.
29.21.410 Special election to fill unexpired term.
Whenever it shall be necessary to hold a special election to
fill an unexpired term of an elective office of any city, town,
or district, such special election shall be held in concert with
the next general election which is to be held by the respective city, town, or district concerned for the purpose of electing officers to full terms: PROVIDED, That this section
shall not apply to any city of the first class whose charter
provision relating to elections to fill unexpired terms are
inconsistent herewith. [1972 ex.s. c 61 § 7.]
Severability—1972 ex.s. c 61: See note following RCW 29.15.160.
Chapter 29.24
MINOR PARTIES AND
INDEPENDENT CANDIDATES
(Formerly: Nominations other than by primary)
Sections
29.24.010
29.24.020
29.24.025
29.24.030
29.24.035
29.24.040
29.24.045
29.24.055
29.24.060
29.24.070
Definitions—"Convention" and "election jurisdiction."
Nomination by convention or write-in—Dates—Special
filing period.
Notice of convention.
Requirements for validity of convention.
Nominating petition—Requirements.
Certificate of nomination—Requisites.
Multiple certificates of nomination.
Presidential electors—Selection at convention.
Certificate of nomination—Checking signatures—Appeal of
determination.
Declarations of candidacy required, exceptions—Payment of
fees.
29.24.010 Definitions—"Convention" and "election
jurisdiction." A "convention" for the purposes of this
chapter, is an organized assemblage of registered voters
representing an independent candidate or candidates or a new
or minor political party, organization, or principle. As used
in this chapter, the term "election jurisdiction" shall mean the
state or any political subdivision or jurisdiction of the state
from which partisan officials are elected. This term shall
include county commissioner districts or council districts for
members of a county legislative authority, counties for
county officials who are nominated and elected on a countywide basis, legislative districts for members of the legislature, congressional districts for members of congress, and the
state for president and vice president, members of the United
States senate, and state officials who are elected on a
statewide basis. [1977 ex.s. c 329 § 1; 1965 c 9 §
(2002 Ed.)
29.21.070
29.24.010. Prior: 1955 c 102 § 2; prior: 1937 c 94 § 2,
part; RRS § 5168, part.]
Minor political party defined: RCW 29.01.100.
Voter registration: Chapter 29.07 RCW.
29.24.020 Nomination by convention or write-in—
Dates—Special filing period. (1) Any nomination of a
candidate for partisan public office by other than a major
political party may be made only: (a) In a convention held
not earlier than the last Saturday in June and not later than
the first Saturday in July or during any of the seven days
immediately preceding the first day for filing declarations of
candidacy as fixed in accordance with RCW 29.68.080; (b)
as provided by RCW 29.62.180; or (c) as otherwise provided
in this section.
(2) Nominations of candidates for president and vice
president of the United States other than by a major political
party may be made either at a convention conducted under
subsection (1) of this section, or at a similar convention
taking place not earlier than the first Sunday in July and not
later than seventy days before the general election. Conventions held during this time period may not nominate candidates for any public office other than president and vice
president of the United States, except as provided in subsection (3) of this section.
(3) If a special filing period for a partisan office is
opened under RCW 29.15.230, candidates of minor political
parties and independent candidates may file for office during
that special filing period. The names of those candidates
may not appear on the ballot unless they are nominated by
convention held no later than five days after the close of the
special filing period and a certificate of nomination is filed
with the filing officer no later than three days after the
convention. The requirements of RCW 29.24.025 do not
apply to such a convention. If primary ballots or a voters’
pamphlet are ordered to be printed before the deadline for
submitting the certificate of nomination and the certificate
has not been filed, then the candidate’s name will be
included but may not appear on the general election ballot
unless the certificate is timely filed and the candidate
otherwise qualifies to appear on that ballot.
(4) A minor political party may hold more than one
convention but in no case shall any such party nominate
more than one candidate for any one partisan public office
or position. For the purpose of nominating candidates for
the offices of president and vice president, United States
senator, or a statewide office, a minor party or independent
candidate holding multiple conventions may add together the
number of signatures of different individuals from each
convention obtained in support of the candidate or candidates
in order to obtain the number required by RCW 29.24.030.
For all other offices for which nominations are made,
signatures of the requisite number of registered voters must
be obtained at a single convention. [2001 c 30 § 2; 1989 c
215 § 2; 1977 ex.s. c 329 § 2; 1965 c 9 § 29.24.020. Prior:
1955 c 102 § 3; prior: (i) 1937 c 94 § 1; RRS § 5167. (ii)
1937 c 94 § 4; RRS § 5170. (iii) 1937 c 94 § 10; RRS §
5170-6. (iv) 1907 c 209 § 26, part; RRS § 5203, part.]
Primaries, when held: RCW 29.13.070.
[Title 29 RCW—page 41]
29.24.025
Title 29 RCW: Elections
29.24.025 Notice of convention. Each minor party or
independent candidate must publish a notice in a newspaper
of general circulation within the county in which the party
or the candidate intends to hold a convention. The notice
must appear at least ten days before the convention is to be
held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the
person or organization sponsoring the convention. [1989 c
215 § 1.]
nominations are made only for offices whose jurisdiction is
entirely within one county, the certificate and nominating
petitions must be filed with the county auditor. If a minor
party or independent candidate convention nominates any
candidates for offices whose jurisdiction encompasses more
than one county, all nominating petitions and the convention
certificates must be filed with the secretary of state. [1989
c 215 § 4; 1977 ex.s. c 329 § 4; 1965 c 9 § 29.24.040.
Prior: 1955 c 102 § 5; prior: 1937 c 94 § 5, part; RRS §
5170-1, part.]
29.24.030 Requirements for validity of convention.
(1) To be valid, a convention must be attended by at least
twenty-five registered voters.
(2) In order to nominate candidates for the offices of
president and vice-president of the United States, United
States senator, or any statewide office, a nominating convention shall obtain and submit to the filing officer the signatures of at least two hundred registered voters of the state of
Washington. In order to nominate candidates for any other
office, a nominating convention shall obtain and submit to
the filing officer the signatures of twenty-five persons who
are registered to vote in the jurisdiction of the office for
which the nominations are made. [1989 c 215 § 3; 1977
ex.s. c 329 § 3; 1965 c 9 § 29.24.030. Prior: 1955 c 102 §
4; prior: (i) 1937 c 94 § 2, part; RRS § 5168, part. (ii)
1937 c 94 § 3; RRS § 5169.]
Requirements of candidates for public office under subversive activities act:
Chapter 9.81 RCW.
29.24.035 Nominating petition—Requirements. A
nominating petition submitted under this chapter shall clearly
identify the name of the minor party or independent candidate convention as it appears on the certificate of nomination
as required by RCW 29.24.040(3). The petition shall also
contain a statement that the person signing the petition is a
registered voter of the state of Washington and shall have a
space for the voter to sign his or her name and to print his
or her name and address. No person may sign more than
one nominating petition under this chapter for an office for
a primary or election. [2001 c 64 § 1; 2001 c 30 § 3; 1989
c 215 § 5.]
29.24.040 Certificate of nomination—Requisites. A
certificate evidencing nominations made at a convention
must:
(1) Be in writing;
(2) Contain the name of each person nominated, his
residence, and the office for which he is named, and if the
nomination is for the offices of president and vice-president
of the United States, a sworn statement from both nominees
giving their consent to the nomination;
(3) Identify the minor political party or the independent
candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and
secretary;
(5) Be accompanied by a nominating petition or
petitions bearing the signatures and addresses of registered
voters equal in number to that required by RCW 29.24.030;
(6) Contain proof of publication of the notice of calling
the convention; and
(7) Be submitted to the appropriate filing officer not
later than one week following the adjournment of the
convention at which the nominations were made. If the
[Title 29 RCW—page 42]
29.24.045 Multiple certificates of nomination. (1)
If two or more valid certificates of nomination are filed
purporting to nominate different candidates for the same
position using the same party name, the filing officer must
give effect to both certificates. If conflicting claims to the
party name are not resolved either by mutual agreement or
by a judicial determination of the right to the name, the
candidates must be treated as independent candidates.
Disputes over the right to the name must not be permitted to
delay the printing of either ballots or a voters’ pamphlet.
Other candidates nominated by the same conventions may
continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of
the county in which the filing officer is located for a judicial
determination of the right to the name of a minor political
party, either before or after documents are filed with the
filing officer. The court shall resolve the conflict between
competing claims to the use of the same party name according to the following principles: (a) The prior established
public use of the name during previous elections by a party
composed of or led by the same individuals or individuals in
documented succession; (b) prior established public use of
the name earlier in the same election cycle; (c) the nomination of a more complete slate of candidates for a number of
offices or in a number of different regions of the state; (d)
documented affiliation with a national or statewide party
organization with an established use of the name; (e) the first
date of filing of a certificate of nomination; and (f) such
other indicia of an established right to use of the name as the
court may deem relevant. If more than one filing officer is
involved, and one of them is the secretary of state, the
petition must be filed in the superior court for Thurston
county. Upon resolving the conflict between competing
claims, the court may also address any ballot designation for
the candidate who does not prevail. [2001 c 30 § 4.]
29.24.055 Presidential electors—Selection at convention. A minor political party or independent candidate
convention nominating candidates for the offices of president
and vice-president of the United States shall, not later than
ten days after the adjournment of the convention, submit a
list of presidential electors to the office of the secretary of
state. The list shall contain the names and the mailing
addresses of the persons selected and shall be verified by the
presiding officer of the convention. [1989 c 215 § 6.]
(2002 Ed.)
Minor Parties and Independent Candidates
29.24.060 Certificate of nomination—Checking
signatures—Appeal of determination. Upon the receipt of
the certificate of nomination, the officer with whom it is
filed shall check the certificate and canvass the signatures on
the accompanying nominating petitions to determine if the
requirements of RCW 29.24.030 have been met. Once the
determination has been made, the filing officer shall notify
the presiding officer of the convention and any other persons
requesting the notification, of his or her decision regarding
the sufficiency of the certificate or the nominating petitions.
Any appeal regarding the filing officer’s determination must
be filed with the superior court of the county in which the
certificate or petitions were filed not later than five days
from the date the determination is made, and shall be heard
and finally disposed of by the court within five days of the
filing. Nominating petitions shall not be available for public
inspection or copying. [1989 c 215 § 7; 1977 ex.s. c 329 §
6; 1965 c 9 § 29.24.060. Prior: 1937 c 94 § 6; RRS §
5170-2.]
29.24.070 Declarations of candidacy required,
exceptions—Payment of fees. Not later than the Friday
immediately preceding the first day for candidates to file, the
secretary of state shall notify the county auditors of the
names and designations of all minor party and independent
candidates who have filed valid convention certificates and
nominating petitions with that office. Except for the offices
of president and vice-president, persons nominated under this
chapter shall file declarations of candidacy as provided by
RCW 29.15.010 and 29.15.030. The name of a candidate
nominated at a convention shall not be printed upon the
primary ballot unless he pays the fee required by law to be
paid by candidates for the same office to be nominated at a
primary. [1990 c 59 § 103; 1989 c 215 § 8; 1977 ex.s. c
329 § 7; 1965 c 9 § 29.24.070. Prior: 1955 c 102 § 7;
prior: (i) 1937 c 94 § 7, part; RRS § 5170-3, part. (ii) 1907
c 209 § 26, part; RRS § 5203, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Chapter 29.27
CERTIFICATES AND NOTICES
Sections
29.27.020
29.27.030
29.27.050
29.27.057
Certifying primary candidates.
Notice of primary.
Certification of nominees.
Constitutional measures—Ballot title—Formulation, ballot
display, certification.
29.27.061 Constitutional measures—Ballot title—Filing.
29.27.065 Constitutional, statewide questions—Notice of ballot title
and summary.
29.27.0653 Statewide question—Ballot title—Formulation, ballot display.
29.27.0655 Constitutional, statewide questions—Ballot title—Appeal.
29.27.066 Local measures—Ballot title—Formulation—Advertising.
29.27.0665 Local measures—Ballot title—Notice.
29.27.067 Local measures—Ballot title—Appeal.
29.27.072 Notice of constitutional amendments and state measures—
Method.
29.27.074 Notice of constitutional amendments and state measures—
Contents.
29.27.076 Notice of constitutional amendments and state measures—
Explanatory statement.
(2002 Ed.)
29.27.080
29.27.090
29.27.100
29.24.060
Notice of election—Certification of measures—Validation of
certain school bond elections.
Preservation of nominating certificates.
Certificates of election to officers elected in single county or
less.
Certificates of election to other officers.
Certificate not withheld for informality in returns.
Certificates of nomination and ballots—Fraud.
Slate of presidential electors.
29.27.110
29.27.120
29.27.130
29.27.140
Certificates
canvassing election returns, certificates: Chapter 29.62 RCW.
certificate of abstract of votes cast: RCW 29.62.090.
contest, verified written statement of contest filed: RCW 29.65.020.
costs of city, town, or district elections, certification of: RCW 29.13.045.
election certificate, nullification of through contest proceedings: RCW
29.65.120.
election certificates, executive officers—State: State Constitution Art. 3 §
4.
first class cities, certificates of election to first officers: RCW 35.22.100.
initiative, referendum
ballot title certified to secretary of state: RCW 29.79.040.
petitions to legislature, secretary of state’s certificate of facts
relating to filing and canvass thereof: RCW 29.79.200.
rejected initiative to legislature certified for referendum to people:
RCW 29.79.270.
review of proposed initiatives by code reviser: RCW 29.79.015.
substitute for rejected initiative certified for referendum to people:
RCW 29.79.280.
to voters, certificate of sufficiency: RCW 29.79.230.
minor party convention, certificate of nomination: RCW 29.24.040
through 29.24.060.
recall, certification of election results: RCW 29.82.140.
recount of votes, certificate of abstract of votes cast: RCW 29.64.040.
registration
registration files, certificate of authenticity of on delivery to polls:
RCW 29.07.170.
weekly report of cancellations and name changes, certificate of:
RCW 29.10.100.
weekly transmittal of third cards, certificate to accompany: RCW
29.07.120.
state board of education, certificate of election to: RCW 28A.305.060.
tie votes in final election, certificate of election after decision by lot:
RCW 29.62.080.
United States constitutional amendment convention
certificate of action taken: RCW 29.74.130.
delegates, certificate of results, certificates of election: RCW
29.74.100.
United States presidential electors, certificates to be filed, by party or
convention: RCW 29.71.020.
vacancies on ticket
certificate filing: RCW 29.18.150.
secretary of state to certify nominations to county officers: RCW
29.18.150.
Notices
cemetery districts, formation of, election on, notice of: RCW 68.52.150.
cities and towns
annexation of unincorporated areas, notice of election: RCW
35.13.080.
cities of first class, framing charter, notice of election on adoption:
RCW 35.22.070.
disincorporation, notice of election on: RCW 35.07.050.
election for incorporation of: State Constitution Art. 11 § 10
(Amendment 40).
incorporation proceedings, notice of election: RCW 35.02.100.
cities and towns under commission form of government, ordinances by
initiative petition, notice of election on: RCW 35.17.310.
constitutional amendments, election on: State Constitution Art. 23 § 1
(Amendment 37).
contests, notice of hearing on: RCW 29.65.040.
costs of city, town, or district elections, notice of transfer of funds for:
RCW 29.13.045.
counties
removal of county seat, notice of election on: RCW 36.12.030.
roads and bridges, election on issuance of bonds for, 1913 Act,
notice of: RCW 36.76.100.
[Title 29 RCW—page 43]
Chapter 29.27
Title 29 RCW: Elections
county "Home Rule" charter election: State Constitution Art. 11 § 4
(Amendment 21).
diking districts, election to authorize, notice of: RCW 85.38.060.
diking, drainage, and sewerage improvement districts
election of governing body: RCW 85.38.070.
merger with irrigation district, election on, notice of: RCW
85.08.870.
diking or drainage districts
in two or more counties, election for creation: RCW 85.38.060.
reorganization into improvement districts
1917 Act, election on, notice of: RCW 85.20.030.
1933 Act, election on, notice of: RCW 85.22.030.
drainage districts, election to authorize, notice of: RCW 85.38.060.
election laws, publication of by secretary of state: RCW 29.04.060.
election notices, county auditor to give: RCW 29.04.020.
initiative, referendum
ballot title
appeal to supreme court, notice of: RCW 29.79.060.
notice of to proponents: RCW 29.79.050 and 29.79.070.
review by code reviser: RCW 29.79.015.
irrigation and rehabilitation districts
converting irrigation district to, election on, notice of: RCW
87.84.040.
special assessments for, election on, notice of: RCW 87.84.070.
irrigation districts
comprising two hundred thousand or more acres, contracts with
United States, election on, notice of: RCW 87.68.060.
dissolution when bonded indebtedness, election on, notice of: RCW
87.53.050.
excluding land from, election on, notice of: RCW 87.03.675.
notices of election generally: RCW 87.03.020 through 87.03.110.
organization of, notice of election for: RCW 87.03.020.
refunding bonds
1923 Act, election to authorize, notice of: RCW 87.19.020.
1929 Act, election to authorize, notice of: RCW 87.22.130.
minor party convention, notice of: RCW 29.24.030.
polls, announcement of opening: RCW 29.48.100.
recall, notice of special election for: RCW 29.82.100.
reclamation districts of one million acres
election to authorize issuance of negotiable bonds of general
improvement or divisional district, notice of: RCW 89.30.532,
89.30.535.
election to form, notice of: RCW 89.30.097.
special assessments by general improvement or divisional district,
election on, notice of: RCW 89.30.772.
recount of votes
declaration of results: RCW 29.64.040.
notice of: RCW 29.64.020.
registration
cancellation of registration due to challenge, notice to registrant:
RCW 29.10.140.
closing registration files, notice of: RCW 29.07.160.
reregistration on change of residence, notice of apparent fraudulent
signature, notice to person registered anew: RCW 29.10.040.
time and places for registration in rural precincts, notice of: RCW
29.07.110.
transfer of registration on change of precinct boundaries, notice to
registrant: RCW 29.10.060.
schools
special meetings of voters—Notice of: RCW 28A.320.430.
validating indebtedness, notice of election: RCW 28A.535.030.
soil and water conservation districts, election to form, notice of: RCW
89.08.130.
state board of education, call and notice of election: RCW 28A.305.020.
tie votes in final election, notice of decision by lot: RCW 29.62.080.
United States constitutional amendment convention, governor’s proclamation calling: RCW 29.74.010 and 29.74.020.
vacancy in Congress, notice of primary or election to fill: RCW
29.68.100.
water-sewer districts
annexation of territory by, election on, notice of: RCW 57.24.020.
formation of, election on, notice of: RCW 57.04.050.
merger of, election on, notice of: RCW 57.36.030.
withdrawal of territory from, election on, notice of: RCW
57.28.100.
when no city primary, notice of: RCW 29.21.015.
[Title 29 RCW—page 44]
29.27.020 Certifying primary candidates. On or
before the day following the last day for political parties to
fill vacancies in the ticket as provided by RCW 29.18.150,
the secretary of state shall certify to each county auditor a
list of the candidates who have filed declarations of candidacy in his or her office for the primary. For each office, the
certificate shall include the name of each candidate, his or
her address, and his or her party designation, if any. [1990
c 59 § 8; 1965 ex.s. c 103 § 4; 1965 c 9 § 29.27.020. Prior:
1949 c 161 § 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1,
part; 1921 c 178 § 4, part; 1907 c 209 § 8, part; Rem. Supp.
1949 § 5185, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.27.030 Notice of primary. Not more than ten nor
less than three days prior to the primary election the county
auditor shall publish notice of such primary in one or more
newspapers of general circulation within the county. Said
notice shall contain the proper party designations, the names
and addresses of all persons who have filed a declaration of
candidacy to be voted upon at that primary election, the
hours during which the polls will be open, and that the
election will be held in the regular polling place in each
precinct, giving the address of each polling place: PROVIDED, That the names of all candidates for nonpartisan offices
shall be published separately with designation of the offices
for which they are candidates but without party designation.
This shall be the only notice required for the holding of any
primary election. [1965 c 9 § 29.27.030. Prior: 1949 c 161
§ 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1, part; 1921
c 178 § 4, part; 1907 c 209 § 8, part; Rem. Supp. 1949 §
5185, part.]
29.27.050 Certification of nominees. No later than
the day following the certification of the returns of any
primary, the secretary of state shall certify to the appropriate
county auditors, the names of all persons nominated for
offices, the returns of which have been canvassed by the
secretary of state. [1990 c 59 § 9; 1965 ex.s. c 103 § 7;
1965 c 9 § 29.27.050. Prior: 1961 c 130 § 19; 1889 p 403
§ 9; RRS § 5173.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.27.057 Constitutional measures—Ballot title—
Formulation, ballot display, certification. (1) When a
proposed constitutional amendment is to be submitted to the
people of the state for statewide popular vote, the ballot title
consists of: (a) A statement of the subject of the amendment; (b) a concise description of the amendment; and (c) a
question in the form prescribed in this section. The statement of the subject of a constitutional amendment must be
sufficiently broad to reflect the nature of the amendment,
sufficiently precise to give notice of the amendment’s subject
matter, and not exceed ten words. The concise description
must contain no more than thirty words, give a true and
impartial description of the amendment’s essential contents,
clearly identify the amendment to be voted on, and not, to
the extent reasonably possible, create prejudice either for or
against the amendment.
(2002 Ed.)
Certificates and Notices
The ballot title for a proposed constitutional amendment
must be displayed on the ballot substantially as follows:
"The legislature has proposed a constitutional
amendment on (statement of subject). This amendment would (concise description). Should this
constitutional amendment be:
Approved . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29.27.057
representatives, the secretary of the senate, and the prime
sponsor of measure. [2000 c 197 § 9; 1993 c 256 § 11;
1965 c 9 § 29.27.065. Prior: 1953 c 242 § 3.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
"
(2) When a proposed new constitution is submitted to
the people of the state by a constitutional convention for
statewide popular vote, the ballot title consists of: (a) A
concise description of the new constitution; and (b) a question in the form prescribed in this section. The concise
description must contain no more than thirty words, give a
true and impartial description of the new constitution’s
essential contents, clearly identify the proposed constitution
to be voted on, and not, to the extent reasonably possible,
create prejudice either for or against the new constitution.
The ballot title for a proposed new constitution must be
displayed on the ballot substantially as follows:
29.27.0653 Statewide question—Ballot title—
Formulation, ballot display. (1) If the legislature submits
a question to the people for a statewide popular vote that is
not governed by RCW 29.79.035 or 29.27.057, the ballot
title on the question consists of: (a) A description of the
subject; and (b) a question in the form prescribed in this
section. The statement of the subject of the question must
be sufficiently broad to reflect the subject of the question,
sufficiently precise to give notice of the question’s subject
matter, and not exceed ten words. The question must
contain no more than thirty words.
The ballot title for such a question must be displayed on
the ballot substantially as follows:
"The constitutional convention approved a new
proposed state constitution that (concise description). Should this proposed constitution be:
"The following question concerning (description of
subject) has been submitted to the voters: (Question as submitted).
Approved . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
(3) The legislature may specify the statement of subject
or concise description, or both, in a constitutional amendment that it submits to the people. If the legislature fails to
specify the statement of subject or concise description, or
both, the attorney general shall prepare the material that was
not specified. The statement of subject and concise description as so provided must be included as part of the
ballot title unless changed on appeal.
The attorney general shall specify the concise description for a proposed new constitution that is submitted to the
people by a constitutional convention, and the concise
description as so provided must be included as part of the
ballot title unless changed on appeal.
(4) The secretary of state shall certify to the county
auditors the ballot title for a proposed constitution, constitutional amendment, or other statewide question at the same
time and in the same manner as the ballot titles to initiatives
and referendums. [2000 c 197 § 7.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.27.061 Constitutional measures—Ballot title—
Filing. The ballot title for a constitutional amendment or
proposed constitution must be filed with the secretary of
state in the same manner as the ballot title and summary for
a state initiative or referendum are filed. [2000 c 197 § 8.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.27.065 Constitutional, statewide questions—
Notice of ballot title and summary. Upon the filing of a
ballot title under RCW 29.27.057 or 29.27.0653, the secretary of state shall provide notice of the exact language of the
ballot title and summary to the chief clerk of the house of
(2002 Ed.)
"
(2) The legislature may specify the statement of subject
for a question and shall specify the question that it submits
to the people. If the legislature fails to specify the statement
of subject, the attorney general shall prepare the statement of
subject. The statement of subject and question as so
provided must be included as part of the ballot title unless
changed on appeal. [2000 c 197 § 10.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.27.0655 Constitutional, statewide questions—
Ballot title—Appeal. If any persons are dissatisfied with
the ballot title for a proposed constitution, constitutional
amendment, or question submitted under RCW 29.27.0653,
they may at any time within ten days from the time of the
filing of the ballot title and summary, not including Saturdays, Sundays, or legal holidays, appeal to the superior court
of Thurston county by petition setting forth the measure, the
ballot title objected to, their objections to it, and praying for
amendment of the ballot title. The time of the filing of the
ballot title, as used in this section for establishing the time
for appeal, is the time the ballot title is first filed with the
secretary of state.
A copy of the petition on appeal together with a notice
that an appeal has been taken must be served upon the
secretary of state, the attorney general, the chief clerk of the
house of representatives, and the secretary of the senate.
Upon the filing of the petition on appeal, the court shall
immediately, or at the time to which a hearing may be
adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it
and may hear arguments on it, and shall as soon as possible
render its decision and certify to and file with the secretary
of state a ballot title that it determines will meet the require[Title 29 RCW—page 45]
29.27.0655
Title 29 RCW: Elections
ments of this chapter. The decision of the superior court is
final, and the ballot title so certified will be the established
ballot title. The appeal must be heard without cost to either
party. [2000 c 197 § 11.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.27.066 Local measures—Ballot title—
Formulation—Advertising. (1) Except as provided to the
contrary in RCW 82.14.036, 82.46.021, or 82.80.090, the
ballot title of any referendum filed on an enactment or
portion of an enactment of a local government and any other
question submitted to the voters of a local government
consists of three elements: (a) An identification of the
enacting legislative body and a statement of the subject
matter; (b) a concise description of the measure; and (c) a
question. The ballot title must conform with the requirements and be displayed substantially as provided under RCW
29.79.035, except that the concise description must not
exceed seventy-five words. If the local governmental unit is
a city or a town, the concise statement shall be prepared by
the city or town attorney. If the local governmental unit is
a county, the concise statement shall be prepared by the
prosecuting attorney of the county. If the unit is a unit of
local government other than a city, town, or county, the
concise statement shall be prepared by the prosecuting
attorney of the county within which the majority area of the
unit is located.
(2) A referendum measure on the enactment of a unit of
local government shall be advertised in the manner provided
for nominees for elective office.
(3) Subsection (1) of this section does not apply if
another provision of law specifies the ballot title for a
specific type of ballot question or proposition. [2000 c 197
§ 12; 1993 c 256 § 7. Formerly RCW 29.79.055.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
29.27.0665 Local measures—Ballot title—Notice.
Upon the filing of a ballot title of a question to be submitted
to the people of a county or municipality, the county auditor
shall provide notice of the exact language of the ballot title
to the persons proposing the measure, the county or municipality, and to any other person requesting a copy of the
ballot title. [2000 c 197 § 13.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.27.067 Local measures—Ballot title—Appeal. If
any persons are dissatisfied with the ballot title for a local
ballot measure that was formulated by the city attorney or
prosecuting attorney preparing the same, they may at any
time within ten days from the time of the filing of the ballot
title, not including Saturdays, Sundays, and legal holidays,
appeal to the superior court of the county where the question
is to appear on the ballot, by petition setting forth the
measure, the ballot title objected to, their objections to it,
and praying for amendment of it. The time of the filing of
the ballot title, as used in this section in determining the time
[Title 29 RCW—page 46]
for appeal, is the time the ballot title is first filed with the
county auditor.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the
county auditor and the official preparing the ballot title.
Upon the filing of the petition on appeal, the court shall
immediately, or at the time to which a hearing may be
adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it
and may hear arguments on it, and shall as soon as possible
render its decision and certify to and file with the county
auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is
final, and the ballot title or statement so certified will be the
established ballot title. The appeal must be heard without
cost to either party. [2000 c 197 § 14; 1993 c 256 § 12;
1965 c 9 § 29.27.067. Prior: 1953 c 242 § 4.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
29.27.072 Notice of constitutional amendments and
state measures—Method. Subject to the availability of
funds appropriated specifically for that purpose, the secretary
of state shall publish notice of the proposed constitutional
amendments and other state measures that are to be submitted to the people at a state general election up to four times
during the four weeks immediately preceding that election in
every legal newspaper in the state. The secretary of state
shall supplement this publication with an equivalent amount
of radio and television advertisements. [1997 c 405 § 1;
1967 c 96 § 1; 1965 c 9 § 29.27.072. Prior: 1961 c 176 §
1.]
29.27.074 Notice of constitutional amendments and
state measures—Contents. The newspaper and broadcast
notice required by Article XXIII, section 1, of the state
Constitution and RCW 29.27.072 may set forth all or some
of the following information:
(1) A legal identification of the state measure to be
voted upon.
(2) The official ballot title of such state measure.
(3) A brief statement explaining the constitutional
provision or state law as it presently exists.
(4) A brief statement explaining the effect of the state
measure should it be approved.
(5) The total number of votes cast for and against the
measure in both the state senate and house of representatives.
No individual candidate or incumbent public official
may be referred to or identified in these notices or advertisements. [1997 c 405 § 2; 1967 c 96 § 2; 1965 c 9 §
29.27.074. Prior: 1961 c 176 § 2.]
29.27.076 Notice of constitutional amendments and
state measures—Explanatory statement. The attorney
general shall, by the first day of July preceding each general
election, prepare the explanatory statements required in RCW
29.27.074. Such statements shall be prepared in clear and
concise language and shall avoid the use of legal and other
(2002 Ed.)
Certificates and Notices
technical terms insofar as possible. Any person dissatisfied
with the explanatory statement so prepared may at any time
within ten days from the filing thereof in the office of the
secretary of state appeal to the superior court of Thurston
county by petition setting forth the proposed state measure,
the explanatory statement prepared by the attorney general,
and his objection thereto and praying for the amendment
thereof. A copy of the petition and a notice of such appeal
shall be served on the secretary of state and the attorney
general. The court shall, upon filing of the petition, examine
the proposed state measure, the explanatory statement, and
the objections thereto and may hear argument thereon and
shall, as soon as possible, render its decision and certify to
and file with the secretary of state such explanatory statement as it determines will meet the requirement of RCW
29.27.072 through 29.27.076. The decision of the superior
court shall be final and its explanatory statement shall be the
established explanatory statement. Such appeal shall be
heard without costs to either party. [1967 c 96 § 3; 1965 c
9 § 29.27.076. Prior: 1961 c 176 § 3.]
29.27.080 Notice of election—Certification of
measures—Validation of certain school bond elections.
(1) Except as provided in RCW 29.81A.060, notice for any
state, county, district, or municipal election, whether special
or general, shall be given by at least one publication not
more than ten nor less than three days prior to the election
by the county auditor or the officer conducting the election
as the case may be, in one or more newspapers of general
circulation within the county. Said legal notice shall contain
the title of each office under the proper party designation,
the names and addresses of all officers who have been
nominated for an office to be voted upon at that election,
together with the ballot titles of all measures, the hours
during which the polls will be open, and that the election
will be held in the regular polling places in each precinct,
giving the address of each polling place: PROVIDED, That
the names of all candidates for nonpartisan offices shall be
published separately with designation of the offices for
which they are candidates but without party designation.
This shall be the only notice required for a state, county,
district, or municipal general or special election and shall
supersede the provisions of any and all other statutes,
whether general or special in nature, having different
requirements for the giving of notice of any general or
special elections.
(2) All school district elections held on February 5,
1980, at which the number and proportion of persons
required by law voted to authorize bonds or tax levies, are
hereby validated regardless of any failure to publish notice
of such election. No action challenging the validity of any
such election may be brought later than April 15, 1980, or
thirty days from June 12, 1980, whichever is later. Notice
of provisions of this subsection shall be published within
five days after February 28, 1980, in a newspaper of general
circulation within each county where a school district
election was held on February 5, 1980, and where notice of
such election was not published as provided in subsection (1)
of this section.
(3) All school district elections held on May 19, 1998,
at which the number and proportion of persons required by
(2002 Ed.)
29.27.076
law voted to authorize bonds or tax levies, are hereby
validated regardless of any failure to publish notice of such
election. No action challenging the validity of any such
election may be brought later than thirty days after January
29, 1999. Notice of provisions of this subsection shall be
published within five days after January 29, 1999, in a
newspaper of general circulation within each county where
a school district election was held on May 19, 1998, and
where notice of such election was not published as provided
in subsection (1) of this section. [1999 c 4 § 1; 1984 c 106
§ 12; 1980 c 35 § 8; 1965 c 9 § 29.27.080. Prior: 1955 c
153 § 1; 1951 c 101 § 7; 1949 c 161 § 11; Rem. Supp. 1949
§ 5148-3a.]
Effective date—1999 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[January 29, 1999]." [1999 c 4 § 2.]
Effective date—Severability—1984 c 106: See RCW 29.81A.900
and 29.81A.901.
Severability—1980 c 35: See note following RCW 28A.343.300.
29.27.090 Preservation of nominating certificates.
The secretary of state, county auditor of each county, and
clerks of the several municipal corporations shall preserve all
certificates of nomination filed in their respective offices for
six months. All certificates shall be open to public inspection under proper regulations made by the officer with whom
they are filed. [1965 c 9 § 29.27.090. Prior: 1921 c 178 §
1, part; 1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889 p
402 § 7, part; Code 1881 § 3067, part; 1865 p 30 § 1, part;
RRS § 5171, part.]
29.27.100 Certificates of election to officers elected
in single county or less. Immediately after the ascertainment of the result of an election for an office to be filled by
the voters of a single county, or of a precinct, or of a
constituency within a county for which he serves as supervisor of elections, the county auditor shall notify the person
elected, and upon his demand issue to him a certificate of
his election. [1965 c 9 § 29.27.100. Prior: 1961 c 130 § 8;
prior: Code 1881 § 3096, part; 1866 p 6 § 2, part; 1865 p
39 § 7, part; RRS § 5343, part.]
Tie votes in final election: RCW 29.62.080.
29.27.110 Certificates of election to other officers.
Except as provided in the state Constitution, the governor
shall issue certificates of election to those elected as senator
or representative in the congress of the United States and to
state offices. The secretary of state shall issue certificates of
election to those elected to the office of judge of the superior
court in judicial districts comprising more than one county
and to those elected to either branch of the state legislature
in legislative districts comprising more than one county.
[1965 c 9 § 29.27.110. Prior: (i) 1933 c 92 § 1; RRS §
5343-1. (ii) Code 1881 § 3100, part; No RRS.]
Judges of their own election and qualification—Quorum: State Constitution
Art. 2 § 8.
Returns of elections, canvass, etc.: State Constitution Art. 3 § 4.
Tie votes in final election: RCW 29.62.080.
[Title 29 RCW—page 47]
29.27.120
Title 29 RCW: Elections
29.27.120 Certificate not withheld for informality in
returns. No certificate shall be withheld on account of any
defect or informality in the returns of any election, if it can
with reasonable certainty be ascertained from such return
what office is intended, and who is entitled to such certificate, nor shall any commission be withheld by the governor
on account of any defect or informality of any return made
to the office of the secretary of state. [1965 c 9 § 29.27.120.
Prior: Code 1881 § 3102; 1865 p 41 § 13; RRS § 5347.]
29.27.130 Certificates of nomination and ballots—
Fraud. See RCW 29.85.100.
29.27.140 Slate of presidential electors. In a year in
which the president and vice president of the United States
are to be elected, the secretary of state shall include in the
certification prepared under RCW 29.27.050 the names of all
candidates for president and vice president who, at least fifty
days before the general election, have certified a slate of
electors to the secretary of state under RCW 29.71.020 and
have been nominated either (1) by a major political party, as
certified by the appropriate authority under party rules, or (2)
by a minor party or as independent candidates under chapter
29.24 RCW. Major or minor political parties or independent
presidential candidates may substitute a different candidate
for vice president for the one whose name appears on the
party’s certification or nominating petition at any time before
forty-five days before the general election, by certifying the
change to the secretary of state. Substitutions must not be
permitted to delay the printing of either ballots or a voters’
pamphlet. Substitutions are valid only if submitted under
oath and signed by the same individual who originally
certified the nomination, or his or her documented successor,
and only if the substitute candidate consents in writing.
[2001 c 30 § 1.]
Chapter 29.30
BALLOTS
Sections
29.30.005
29.30.010
29.30.020
29.30.025
29.30.040
29.30.060
29.30.081
29.30.085
29.30.086
29.30.095
29.30.101
29.30.111
29.30.130
29.30.165
29.30.167
29.30.170
29.30.180
29.30.190
29.30.200
Names on primary ballot.
Uniformity, arrangement, contents required.
Order of offices and issues—Party indication.
Order of candidates on ballots.
Primaries—Rotating names of candidates.
Sample ballots.
Arrangement of instructions, measures, offices—Order of
candidates—Numbering of ballots.
Nonpartisan candidates qualified for general election.
Disqualified candidates in nonpartisan elections—Special
procedures for conduct of election.
Partisan candidates qualified for general election.
Names qualified to appear on election ballot.
Property tax levies—Ballot proposition form.
Expense of printing and distributing ballot materials.
Constitutional, statewide questions—Notice of ballot title
and summary.
Local measures—Ballot title—Appeal.
Destroying surplus ballots.
United States presidential electors—Nomination—What
names on ballots—How counted.
United States constitutional amendment conventions—
Delegates—Ballots.
Initiative, referendum—Ballot title—Formulation by attorney
general.
[Title 29 RCW—page 48]
29.30.201
29.30.203
Initiative, referendum—Ballot title—Notice to proponents.
Initiative, referendum—Ballot title—Appeal to superior
court.
29.30.205 Initiative, referendum—Ballot title—Mailed to proponents.
29.30.209 Initiative, referendum—Substitute for rejected initiative—
Concise description.
29.30.211 Initiative, referendum—Printing ballot titles on ballots—
Order and form.
29.30.221 Recall—Conduct of election—Form of ballot.
29.30.230 Ballots—Counterfeiting or unlawful possession.
29.30.231 Ballots—Officer tampering with.
29.30.235 Ballots—Unlawful printing or distribution.
29.30.239 Certificates of nomination and ballots—Fraud as to.
29.30.240 Divulging ballot count—Penalty.
Absentee ballots: Chapter 29.36 RCW.
Ballots, constitutional provisions
Constitution, state, form used for voting on: State Constitution Art. 27 §
18.
constitutional requirements: State Constitution Art. 6 § 6.
Cemetery districts, formation of and first commissioners, election on, ballot
form: RCW 68.52.160.
Cities and towns
city of first class, election on adoption of charter, ballot form: RCW
35.22.090.
commission form of government, under
abandonment form of ballots on election on: RCW 35.17.440.
organization—Ballot form for election on: RCW 35.17.390.
disincorporation, ballots, form of: RCW 35.07.060.
incorporation proceedings, generally, ballots
form of: RCW 35.02.110.
position of names on: RCW 35.02.086.
metropolitan park districts
election on annexation to, ballot form: RCW 35.61.270.
election on, ballot form: RCW 35.61.030.
organization under council-manager plan, form of ballots for election on:
RCW 35.18.260.
pedestrian malls, election to discontinue, ballot form: RCW 35.71.130.
Counties
park and recreation service areas, election for formation, ballot form:
RCW 36.68.480.
road improvement districts, election on, ballot form: RCW 36.88.030.
roads and bridges, election on issuance of bonds for, 1913 Act, ballot
form: RCW 36.76.090.
Counting ballots: Chapter 29.54 RCW.
Diking, drainage, sewerage improvement district, merger with irrigation
districts, election on, ballot form: RCW 85.08.870.
Execution of affidavit as to subversive activities as prerequisite to placing
name on ballot: RCW 9.81.100.
General elections in first, second, and third class cities, ballots: RCW
29.21.010 and 29.21.015.
Initiative, referendum: State Constitution Art. 2 § 1; chapter 29.79 RCW.
Irrigation districts
dissolution when bonded indebtedness, election on, ballot form: RCW
87.53.050.
dissolution when no bonded indebtedness, 1897 Act, election on, ballot
form: RCW 87.52.030.
elections in, ballot forms, generally: RCW 87.03.020 through 87.03.110.
Liquor, local option, election on, ballot form: RCW 66.40.110.
Metropolitan municipal corporations
additional functions authorized by election, ballot form: RCW 35.58.100.
annexing of property to, election on, ballot form: RCW 35.58.550.
election procedure to form, tax levy, ballot form: RCW 35.58.090.
Mosquito control district
election on proposition to levy tax, ballot form: RCW 17.28.100.
election to form, ballot form: RCW 17.28.090.
Port district commissioners, election of, ballots: Chapter 53.12 RCW.
Port districts
annexation of property to, ballot form: RCW 53.04.080 and 53.04.100.
change of name, election on, ballot form: RCW 53.04.110.
formation, election on, ballots, form of: RCW 53.04.020.
Prevention and correction of election frauds and errors: RCW 29.04.030.
(2002 Ed.)
Ballots
Primaries in first, second, and third class cities, ballots: RCW 29.21.010.
Public utility districts
criteria, election to qualify as first class district, ballot form: RCW
54.40.040.
formation of, election on, ballot form: RCW 54.08.010 and 54.08.060.
Reclamation districts of one million acres
election to form, ballot form: RCW 89.30.097.
elections generally, ballots: RCW 89.30.358 and 89.30.385.
special assessments by, general improvement or divisional district,
election on, ballot form: RCW 89.30.772.
Schools, directors, ballots, form of: RCW 28A.343.300.
Soil and water conservation districts, election to form, ballot form: RCW
89.08.120.
Vacancies on ticket—How filled—Correcting ballots and labels: RCW
29.18.150.
Water-sewer districts
annexation of territory by, election on, ballot form: RCW 57.24.020.
formation of, election: RCW 57.04.050.
withdrawal of territory from, election on, ballot form: RCW 57.28.090.
29.30.005 Names on primary ballot. Except for the
candidates for the positions of president and vice-president
or for a partisan or nonpartisan office for which no primary
is required, the names of all candidates who have filed for
nomination under chapter 29.18 RCW and those independent
candidates and candidates of minor political parties who
have been nominated under chapter 29.24 RCW shall appear
on the appropriate ballot at the primary throughout the jurisdiction in which they are to be nominated. [1990 c 59 §
93.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.30.010 Uniformity, arrangement, contents
required. Every ballot for a single combination of issues
and offices shall be uniform within a precinct and shall
identify the type of primary or election, the county, and the
date of the primary or election, and the ballot or voting
device shall contain instructions on the proper method of
recording a vote, including write-in votes. Each position,
together with the names of the candidates for that office,
shall be clearly separated from other offices or positions in
the same jurisdiction. The offices in each jurisdiction shall
be clearly separated from each other. No paper ballot or
ballot card may be marked in any way that would permit the
identification of the person who voted that ballot. [1990 c
59 § 10; 1986 c 167 § 10; 1977 ex.s. c 361 § 51; 1965 c 9
§ 29.30.010. Prior: (i) 1935 c 26 § 2, part; 1933 c 95 § 2,
part; 1917 c 71 § 1, part; 1909 c 82 § 3, part; 1907 c 209 §
10, part; RRS § 5187, part. (ii) 1909 c 82 § 5, part; 1907 c
209 § 13, part; RRS § 5190, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1986 c 167: See note following RCW 29.01.055.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.30.020 Order of offices and issues—Party
indication. (1) The positions or offices on a primary ballot
shall be arranged in substantially the following order:
United States senator; United States representative; governor;
lieutenant governor; secretary of state; state treasurer; state
auditor; attorney general; commissioner of public lands;
(2002 Ed.)
Chapter 29.30
superintendent of public instruction; insurance commissioner;
state senator; state representative; county officers; justices of
the supreme court; judges of the court of appeals; judges of
the superior court; and judges of the district court. For all
other jurisdictions on the primary ballot, the offices in each
jurisdiction shall be grouped together and be in the order of
the position numbers assigned to those offices, if any.
(2) The order of the positions or offices on an election
ballot shall be substantially the same as on a primary ballot
except that the offices of president and vice president of the
United States shall precede all other offices on a presidential
election ballot. State ballot issues shall be placed before all
offices on an election ballot. The positions on a ballot to be
assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
(3) The political party or independent candidacy of each
candidate for partisan office shall be indicated next to the
name of the candidate on the primary and election ballot. A
candidate shall file a written notice with the filing officer
within three business days after the close of the filing period
designating the political party to be indicated next to the
candidate’s name on the ballot if either: (a) The candidate
has been nominated by two or more minor political parties
or independent conventions; or (b) the candidate has both
filed a declaration of candidacy declaring an affiliation with
a major political party and been nominated by a minor
political party or independent convention. If no written
notice is filed the filing officer shall give effect to the party
designation shown upon the first document filed. A candidate may be deemed nominated by a minor party or independent convention only if all documentation required by
chapter 29.24 RCW has been timely filed. [2001 c 30 § 5;
1990 c 59 § 11; 1977 ex.s. c 361 § 52; 1971 c 81 § 76;
1965 c 9 § 29.30.020. Prior: 1935 c 26 § 2, part; 1933 c 95
§ 2, part; 1917 c 71 § 1, part; 1909 c 82 § 3, part; 1907 c
209 § 10, part; RRS § 5187, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.30.025 Order of candidates on ballots. After the
close of business on the last day for candidates to file for
office, the filing officer shall, from among those filings made
in person and by mail, determine by lot the order in which
the names of those candidates will appear on all sample and
absentee ballots. In the case of candidates for city, town,
and district office, this procedure shall also determine the
order for candidate names on the official primary ballot used
at the polling place. The determination shall be done
publicly and may be witnessed by the media and by any
candidate. If no primary is required for any nonpartisan
office under RCW 29.15.150 or 29.21.015, the names shall
appear on the general election ballot in the order determined
by lot. [1990 c 59 § 80.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.30.040 Primaries—Rotating names of candidates.
At primaries, the names of candidates for federal, state, and
county partisan offices, for the office of superintendent of
public instruction, and for judicial offices shall, for each
[Title 29 RCW—page 49]
29.30.040
Title 29 RCW: Elections
office or position, be arranged initially in the order determined under RCW 29.30.025. Additional sets of ballots
shall be prepared in which the positions of the names of all
candidates for each office or position shall be changed as
many times as there are candidates in the office or position
in which there are the greatest number of names. As nearly
as possible an equal number of ballots shall be prepared after
each change. In making the changes of position between
each set of ballots, the candidates for each such office in the
first position under the office heading shall be moved to the
last position under that office heading, and each other name
shall be moved up to the position immediately above its
previous position under that office heading. The effect of
this rotation of the order of the names shall be that the name
of each candidate for an office or position shall appear first,
second, and so forth for that office or position on the ballots
of a nearly equal number of registered voters in that jurisdiction. In a precinct using voting devices, the names of the
candidates for each office shall appear in only one sequence
in that precinct. The names of candidates for city, town, and
district office on the ballot at the primary shall not be
rotated. [1990 c 59 § 94; 1977 ex.s. c 361 § 54; 1965 c 9
§ 29.30.040. Prior: 1909 c 82 § 5, part; 1907 c 209 § 13,
part; RRS § 5190, part.]
in votes. After the instructions and before the offices shall
be placed the questions of adopting constitutional amendments or any other state measure authorized by law to be
submitted to the voters at that election.
(2) The candidate or candidates of the major political
party which received the highest number of votes from the
electors of this state for the office of president of the United
States at the last presidential election shall appear first
following the appropriate office heading, the candidate or
candidates of the other major political parties shall follow
according to the votes cast for their nominees for president
at the last presidential election, and independent candidates
and the candidate or candidates of all other parties shall
follow in the order of their qualification with the secretary
of state.
(3) The names of candidates for president and vicepresident for each political party shall be grouped together
with a single response position for a voter to indicate his or
her choice.
(4) All paper ballots and ballot cards shall be sequentially numbered in such a way to permit removal of such
numbers without leaving any identifying marks on the ballot.
[1990 c 59 § 13; 1986 c 167 § 11; 1982 c 121 § 1; 1977
ex.s. c 361 § 60.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1986 c 167: See note following RCW 29.01.055.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.30.060 Sample ballots. Except in each county
with a population of one million or more, on or before the
fifteenth day before a primary or election, the county auditor
shall prepare a sample ballot which shall be made readily
available to members of the public. The secretary of state
shall adopt rules governing the preparation of sample ballots
in counties with a population of one million or more. The
rules shall permit, among other alternatives, the preparation
of more than one sample ballot by a county with a population of one million or more for a primary or election, each
of which lists a portion of the offices and issues to be voted
on in that county. The position of precinct committee
officer shall be shown on the sample ballot for the general
election, but the names of candidates for the individual
positions need not be shown. [1991 c 363 § 33; 1990 c 59
§ 12; 1987 c 295 § 3; 1986 c 120 § 3; 1977 ex.s. c 361 §
55; 1965 c 9 § 29.30.060. Prior: (i) 1935 c 26 § 2, part;
1933 c 95 § 2, part; 1917 c 71 § 1, part; 1909 c 82 § 3, part;
1907 c 209 § 10, part; RRS § 5187, part. (ii) 1909 c 82 §
5, part; 1907 c 209 § 13, part; RRS § 5190, part.]
Effective dates—1991 c 363 §§ 28, 29, 33, 47, 131: See note
following RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.30.081 Arrangement of instructions, measures,
offices—Order of candidates—Numbering of ballots. (1)
On the top of each ballot there shall be printed instructions
directing the voters how to mark the ballot, including write[Title 29 RCW—page 50]
29.30.085 Nonpartisan candidates qualified for
general election. (1) Except as provided in RCW 29.30.086
and in subsection (2) of this section, on the ballot at the
general election for a nonpartisan office for which a primary
was held, only the names of the candidate who received the
greatest number of votes and the candidate who received the
next greatest number of votes for that office shall appear
under the title of that office, and the names shall appear in
that order. If a primary was conducted, no candidate’s name
may be printed on the subsequent general election ballot
unless he or she receives at least one percent of the total
votes cast for that office at the preceding primary. On the
ballot at the general election for any other nonpartisan office
for which no primary was held, the names of the candidates
shall be listed in the order determined under RCW
29.30.025.
(2) On the ballot at the general election for the office of
justice of the supreme court, judge of the court of appeals,
judge of the superior court, or state superintendent of public
instruction, if a candidate in a contested primary receives a
majority of all the votes cast for that office or position, only
the name of that candidate may be printed under the title of
the office for that position. [1992 c 181 § 2; 1990 c 59 §
95.]
Effective date—1992 c 181: See note following RCW 29.30.086.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.30.086 Disqualified candidates in nonpartisan
elections—Special procedures for conduct of election.
This section applies if a candidate for an elective office of
(2002 Ed.)
Ballots
a city, town, or special purpose district would, under this
chapter, otherwise qualify to have his or her name printed on
the general election ballot for the office, but the candidate
has been declared to be unqualified to hold the office by a
court of competent jurisdiction.
(1) In a case in which a primary is conducted for the
office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the candidate who
received the third greatest number of votes for the office at
the primary shall qualify as a candidate for general election
and that candidate’s name shall be printed on the ballot for
the office in lieu of the name of the disqualified candidate.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the
general election for the office shall not be counted for that
office.
(2) In a case in which a primary is not conducted for
the office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the name of the
disqualified candidate shall not appear on the general
election ballot for the office.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the
general election for the office shall not be counted for that
office.
(3) If the disqualified candidate is the only candidate to
have filed for the office during a regular or special filing
period for the office, a void in candidacy for the office
exists. [1992 c 181 § 1.]
Effective date—1992 c 181: "This act shall take effect July 1, 1992."
[1992 c 181 § 3.]
29.30.095 Partisan candidates qualified for general
election. The name of a candidate for a partisan office for
which a primary was conducted shall not be printed on the
ballot for that office at the subsequent general election unless
the candidate receives a number of votes equal to at least
one percent of the total number cast for all candidates for
that position sought and a plurality of the votes cast for the
candidates of his or her party for that office at the preceding
primary. [1990 c 59 § 96.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.30.101 Names qualified to appear on election
ballot. The names of the persons certified as nominees by
the secretary of state or the county canvassing board shall be
printed on the ballot at the ensuing election.
No name of any candidate whose nomination at a
primary is required by law shall be placed upon the ballot at
a general or special election unless it appears upon the
certificate of either (1) the secretary of state, or (2) the
county canvassing board, or (3) a minor party convention or
the state or county central committee of a major political
party to fill a vacancy on its ticket under RCW 29.18.160.
Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board
member or freeholder, a candidate’s name shall not appear
more than once upon a ballot for a position regularly
(2002 Ed.)
29.30.086
nominated or elected at the same election. [1999 c 298 §
11; 1990 c 59 § 14; 1987 c 295 § 4; 1977 ex.s. c 361 § 58.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.30.111 Property tax levies—Ballot proposition
form. (1) The ballot proposition authorizing a taxing district
to impose the regular property tax levies authorized in RCW
36.69.145, 67.38.130, or 84.52.069 shall contain in substance
the following:
"Shall the . . . . . . (insert the name of the taxing
district) be authorized to impose regular property tax levies
of . . . . . . (insert the maximum rate) or less per thousand
dollars of assessed valuation for each of . . . . . . (insert the
maximum number of years allowable) consecutive years?
Yes . . . . . . . . . . . .
No . . . . . . . . . . . . "
Each voter shall indicate either "Yes" or "No" on his or
her ballot in accordance with the procedures established
under this title.
(2) The ballot proposition authorizing a taxing district
to impose a permanent regular tax levy under RCW
84.52.069 shall contain the following:
"Shall the . . . . . (insert the name of the taxing district)
be authorized to impose a PERMANENT regular property
levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
Yes . . . . . . . . . . . .
No . . . . . . . . . . . . "
[1999 c 224 § 2; 1984 c 131 § 3.]
Application—1999 c 224: See note following RCW 84.52.069.
Purpose—1984 c 131 §§ 3-9: "The purpose of sections 3 through 6
of this act is to clarify requirements necessary for voters to authorize certain
local governments to impose regular property tax levies for a series of years.
Sections 3 through 9 of this act only clarify the existing law to avoid
credence being given to an erroneous opinion that has been rendered by the
attorney general. As cogently expressed in Attorney General Opinion,
Number 14, Addendum, opinions rendered by the attorney general are
advisory only and are merely a "prediction of the outcome if the matter
were to be litigated." Nevertheless, confusion has arisen from this
erroneous opinion." [1984 c 131 § 2.]
29.30.130 Expense of printing and distributing
ballot materials. The cost of printing ballots, ballot cards,
and instructions and the delivery of this material to the
precinct election officers shall be an election cost that shall
be borne as determined under RCW 29.13.045 and
29.13.047, as appropriate. [1990 c 59 § 16; 1965 c 9 §
29.30.130. Prior: 1889 p 400 § 1; RRS § 5269.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Constituencies to bear all or share of election costs—Procedure to recover:
RCW 29.13.045.
29.30.165 Constitutional, statewide questions—
Notice of ballot title and summary. See RCW 29.27.065.
29.30.167 Local measures—Ballot title—Appeal.
See RCW 29.27.067.
[Title 29 RCW—page 51]
29.30.170
Title 29 RCW: Elections
29.30.170
29.54.010.
Destroying surplus ballots. See RCW
29.30.180 United States presidential electors—
Nomination—What names on ballots—How counted. See
RCW 29.71.020.
29.30.190 United States constitutional amendment
conventions—Delegates—Ballots. See RCW 29.74.080.
29.30.200 Initiative, referendum—Ballot title—
Formulation by attorney general. See RCW 29.79.040.
29.30.201 Initiative, referendum—Ballot title—
Notice to proponents. See RCW 29.79.050.
29.30.203 Initiative, referendum—Ballot title—
Appeal to superior court. See RCW 29.79.060.
29.30.205 Initiative, referendum—Ballot title—
Mailed to proponents. See RCW 29.79.070.
29.30.209 Initiative, referendum—Substitute for
rejected initiative—Concise description. See RCW
29.79.290.
29.30.211 Initiative, referendum—Printing ballot
titles on ballots—Order and form. See RCW 29.79.300.
29.30.221 Recall—Conduct of election—Form of
ballot. See RCW 29.82.130.
29.30.230 Ballots—Counterfeiting or unlawful
possession. See RCW 29.85.010.
29.30.231 Ballots—Officer tampering with. See
RCW 29.85.020.
29.30.235 Ballots—Unlawful printing or distribution. See RCW 29.85.040.
29.30.239 Certificates of nomination and ballots—
Fraud as to. See RCW 29.85.100.
29.30.240 Divulging ballot count—Penalty. See
RCW 29.85.225.
Chapter 29.33
VOTING SYSTEMS
(Formerly: Voting machines)
Sections
29.33.020
29.33.041
29.33.051
29.33.061
29.33.081
29.33.130
29.33.145
Authority for use.
Inspection and test by secretary of state—Report.
Submitting system or component for examination.
Independent evaluation.
Approval required—Modification.
Responsibility for maintenance and operation.
Acceptance test.
[Title 29 RCW—page 52]
29.33.300 Requirements of voting devices for approval.
29.33.310 Single district and precinct on voting devices.
29.33.320 Requirements of vote tallying systems for approval.
29.33.330 Record of ballot format—Devices sealed.
29.33.340 Election officials—Instruction, compensation, requirements.
29.33.350 Vote tallying systems—Programming tests.
29.33.360 Operating procedures.
Ballots, voting systems—Rules by secretary of state: RCW 29.04.210.
Voting devices, machines—Recording requirements: RCW 29.04.200.
29.33.020 Authority for use. At any primary or
election in any county, votes may be cast, registered,
recorded, or counted by means of voting systems that have
been approved under RCW 29.33.041. [1990 c 59 § 17;
1967 ex.s. c 109 § 12; 1965 c 9 § 29.33.020. Prior: (i)
1913 c 58 § 1, part; RRS § 5300, part. (ii) 1913 c 58 § 18;
RRS § 5318.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.33.041 Inspection and test by secretary of
state—Report. The secretary of state shall inspect, evaluate, and publicly test all voting systems or components of
voting systems that are submitted for review under RCW
29.33.051. The secretary of state shall determine whether
the voting systems conform with all of the requirements of
this title, the applicable rules adopted in accordance with this
title, and with generally accepted safety requirements. The
secretary of state shall transmit a copy of the report of any
examination under this section, within thirty days after
completing the examination, to the county auditor of each
county. [1990 c 59 § 18; 1982 c 40 § 1.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1982 c 40: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 40 § 11.]
29.33.051 Submitting system or component for
examination. The manufacturer or distributor of a voting
system or component of a voting system may submit that
system or component to the secretary of state for examination under RCW 29.33.041. [1990 c 59 § 19; 1982 c 40 §
2.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1982 c 40: See note following RCW 29.33.041.
29.33.061 Independent evaluation. (1) The secretary
of state may rely on the results of independent design,
engineering, and performance evaluations in the examination
under RCW 29.33.041 if the source and scope of these
independent evaluations are specified by rule.
(2) The secretary of state may contract with experts in
mechanical or electrical engineering or data processing to
assist in examining a voting system or component. The
manufacturer or distributor who has submitted a voting
system for testing under RCW 29.33.051 shall pay the
secretary of state a deposit to reimburse the cost of any
contract for consultation under this section and for any other
unrecoverable costs associated with the examination of a
voting system or component by the manufacturer or dis(2002 Ed.)
Voting Systems
tributor who submitted the voting system or component for
examination. [1990 c 59 § 20; 1982 c 40 § 3.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1982 c 40: See note following RCW 29.33.041.
29.33.081 Approval required—Modification. If
voting systems or devices or vote tallying systems are to be
used for conducting a primary or election, only those that
have the approval of the secretary of state or had been approved under this chapter or *chapter 29.34 RCW before
March 22, 1982, may be used. Any modification, change,
or improvement to any voting system or component of a
system that does not impair its accuracy, efficiency, or
capacity or extend its function, may be made without
reexamination or reapproval by the secretary of state under
RCW 29.33.041. [1990 c 59 § 21; 1982 c 40 § 4.]
*Reviser’s note: Chapter 29.34 RCW was repealed or recodified in
its entirety by 1990 c 59.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1982 c 40: See note following RCW 29.33.041.
29.33.130 Responsibility for maintenance and
operation. The county auditor of a county in which voting
systems are used is responsible for the preparation, maintenance, and operation of those systems and may employ and
direct persons to perform some or all of these functions.
[1990 c 59 s 22; 1965 c 9 § 29.33.130. Prior: 1955 c 323
§ 2; prior: 1935 c 85 § 1, part; 1919 c 163 § 23, part; 1915
c 114 § 5, part; 1913 c 58 § 10, part; RRS § 5309, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.33.145 Acceptance test. An agreement to purchase
or lease a voting system or a component of a voting system
is subject to that system or component passing an acceptance
test sufficient to demonstrate that the equipment is the same
as that certified by the secretary of state and that the equipment is operating correctly as delivered to the county. [1998
c 58 § 1; 1990 c 59 § 23.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.33.300 Requirements of voting devices for
approval. No voting device shall be approved by the
secretary of state unless it:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any
office and upon any measure that he or she has the right to
vote for;
(3) Permits the voter to vote for all the candidates of
one party or in part for the candidates of one or more other
parties;
(4) Correctly registers all votes cast for any and all
persons and for or against any and all measures;
(5) Provides that a vote for more than one candidate
cannot be cast by one single operation of the voting device
or vote tally system except when voting for president and
vice-president of the United States; and
(2002 Ed.)
29.33.061
(6) Except for functions or capabilities unique to this
state, has been tested, certified, and used in at least one other
state or election jurisdiction. [1990 c 59 § 26; 1982 c 40 §
6; 1977 ex.s. c 361 § 66; 1971 ex.s. c 6 § 1; 1967 ex.s. c
109 § 18. Formerly RCW 29.34.080.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1982 c 40: See note following RCW 29.33.041.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Severability—1971 ex.s. c 6: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 6 § 3.]
Ballots, voting systems—Rules by secretary of state: RCW 29.04.210.
Voting devices, machines—Recording requirements: RCW 29.04.200.
29.33.310 Single district and precinct on voting
devices. The ballot on a single voting device shall not
contain the names of candidates for the offices of United
States representative, state senator, state representative,
county council, or county commissioner in more than one
district. In all general elections, primaries, and special
elections, in each polling place the voting devices containing
ballots for candidates from each congressional, legislative, or
county council or commissioner district shall be grouped
together and physically separated from those devices containing ballots for other districts. Each voter shall be directed by the precinct election officers to the correct group
of voting devices. [1990 c 59 § 27; 1989 c 155 § 1; 1987
c 295 § 8; 1983 c 143 § 1. Formerly RCW 29.34.085.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.33.320 Requirements of vote tallying systems for
approval. The secretary of state shall not approve a vote
tallying system unless it:
(1) Correctly counts votes on ballots on which the
proper number of votes have been marked for any office or
issue;
(2) Ignores votes marked for any office or issue where
more than the allowable number of votes have been marked,
but correctly counts the properly voted portions of the ballot;
(3) Accumulates a count of the specific number of
ballots tallied for each precinct, total votes by candidate for
each office, and total votes for and against each issue of the
ballot in that precinct;
(4) Accommodates rotation of candidates’ names on the
ballot under RCW 29.30.040;
(5) Produces precinct and cumulative totals in printed
form; and
(6) Except for functions or capabilities unique to this
state, has been tested, certified, and used in at least one other
state or election jurisdiction. [1990 c 59 § 28; 1982 c 40 §
7; 1967 ex.s. c 109 § 19. Formerly RCW 29.34.090.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Severability—1982 c 40: See note following RCW 29.33.041.
Ballots, voting systems—Rules by secretary of state: RCW 29.04.210.
Voting devices, machines—Recording requirements: RCW 29.04.200.
[Title 29 RCW—page 53]
29.33.330
Title 29 RCW: Elections
29.33.330 Record of ballot format—Devices sealed.
In preparing a voting device for a primary or election, a
record shall be made of the ballot format installed in each
device and the precinct or portion of a precinct for which
that device has been prepared. Except where provided by a
rule adopted under RCW 29.04.210, after being prepared for
a primary or election, each device shall be sealed with a
uniquely numbered seal and provided to the inspector of the
appropriate polling place. [1990 c 59 § 25.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.33.340 Election officials—Instruction, compensation, requirements. (1) Before each state primary or
general election at which voting systems are to be used, the
county auditor shall instruct all precinct election officers
appointed under RCW 29.45.010, counting center personnel,
and political party observers designated under RCW
29.54.025 in the proper conduct of their duties.
(2) The county auditor may waive instructional requirements for precinct election officers, counting center personnel, and political party observers who have previously
received instruction and who have served for a sufficient
length of time to be fully qualified to perform their duties.
The county auditor shall keep a record of each person who
has received instruction and is qualified to serve at the
subsequent primary or election.
(3) As compensation for the time spent in receiving
instruction, each precinct election officer who qualifies and
serves at the subsequent primary or election shall receive an
additional two hours compensation, to be paid at the same
time and in the same manner as compensation is paid for
services on the day of the primary or election.
(4) Except for the appointment of a precinct election
officer to fill a vacancy under RCW 29.45.040, no inspector
or judge may serve at any primary or election at which
voting systems are used unless he or she has received the
required instruction and is qualified to perform his or her
duties in connection with the voting devices. No person may
work in a counting center at a primary or election at which
a vote tallying system is used unless that person has received
the required instruction and is qualified to perform his or her
duties in connection with the handling and tallying of ballots
for that primary or election. No person may serve as a
political party observer unless that person has received the
required instruction and is familiar with the operation of the
counting center and the vote tallying system and the procedures to be employed to verify the accuracy of the programming for that vote tallying system. [1990 c 59 § 29; 1977
ex.s. c 361 § 69. Formerly RCW 29.34.143.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.33.350 Vote tallying systems—Programming
tests. At least three days before each state primary or
general election, the office of the secretary of state shall
provide for the conduct of tests of the programming for each
vote tallying system to be used at that primary or general
election. The test must verify that the system will correctly
count the vote cast for all candidates and on all measures
[Title 29 RCW—page 54]
appearing on the ballot at that primary or general election.
The office of the secretary of state shall adopt rules specifying the manner of conducting these programming tests. The
test shall verify the capability of the vote tallying system to
perform all of the functions that can reasonably be expected
to occur during conduct of that particular primary or election. If any error is detected, the cause shall be determined
and corrected, and an errorless total shall be produced before
the primary or election.
Such tests shall be observed by at least one representative from each major political party, if representatives have
been appointed by the respective major political parties and
are present at the test, and shall be open to candidates, the
press, and the public. The county auditor and any political
party observers shall certify that the test has been conducted
in accordance with this section. Copies of this certification
shall be retained by the secretary of state and the county
auditor. All programming materials, test results, and test
ballots shall be securely sealed until the day of the primary
or general election. [1998 c 58 § 2; 1990 c 59 § 32; 1977
ex.s. c 361 § 73. Formerly RCW 29.34.163.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.33.360 Operating procedures. The secretary of
state may publish recommended procedures for the operation
of the various vote tallying systems that have been approved.
These procedures allow the office of the secretary of state to
restrict or define the use of approved systems in elections.
[1998 c 58 § 3; 1990 c 59 § 34; 1977 ex.s. c 361 § 75; 1967
ex.s. c 109 § 32. Formerly RCW 29.34.170.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Chapter 29.36
ABSENTEE VOTING
Sections
29.36.210
29.36.220
29.36.230
29.36.240
29.36.250
29.36.260
29.36.270
29.36.280
29.36.290
29.36.300
29.36.310
29.36.320
29.36.330
29.36.340
29.36.350
29.36.360
When permitted.
Request for single absentee ballot.
Request on behalf of family member.
Ongoing absentee status—Request—Termination.
Special absentee ballots.
Issuance of ballot and other materials.
Date ballots ready.
Delivery of ballot, qualifications for.
Envelopes and instructions.
Observers.
Processing incoming ballots.
Report of count.
Credit for voting—Retention of ballots.
Record of requests—Public access.
Challenges.
Rules for accuracy, secrecy, and uniformity—Out-of-state,
overseas, service voters.
29.36.370 Penalty.
29.36.900 Captions not law—2001 c 241.
Ballots, date ready: RCW 29.36.270.
Irrigation district elections, absentee voting provisions: RCW 87.03.020
through 87.03.110.
Recount of absentee ballots: RCW 29.64.010.
(2002 Ed.)
Absentee Voting
29.36.210 When permitted. Any registered voter of
the state or any out-of-state voter, overseas voter, or service
voter may vote by absentee ballot in any general election,
special election, or primary in the manner provided in this
chapter. Out-of-state voters, overseas voters, and service
voters are authorized to cast the same ballots, including those
for special elections, as a registered voter of the state would
receive under this chapter. [2001 c 241 § 1; 1991 c 81 § 29;
1987 c 346 § 9; 1986 c 167 § 14; 1985 c 273 § 1; 1984 c 27
§ 1; 1977 ex.s. c 361 § 76; 1974 ex.s. c 35 § 1; 1971 ex.s.
c 202 § 37; 1965 c 9 § 29.36.010. Prior: 1963 ex.s. c 23 §
1; 1955 c 167 § 2; prior: (i) 1950 ex.s. c 8 § 1; 1943 c 72
§ 1; 1933 ex.s. c 41 § 1; 1923 c 58 § 1; 1921 c 143 § 1;
1917 c 159 § 1; 1915 c 189 § 1; Rem. Supp. 1943 § 5280.
(ii) 1933 ex.s. c 41 § 2, part; 1923 c 58 § 2, part; 1921 c
143 § 2, part; 1917 c 159 § 2, part; 1915 c 189 § 2, part;
RRS § 5281, part. Formerly RCW 29.36.010.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Legislative intent—1987 c 346: "By this act the legislature intends
to combine and unify the laws and procedures governing absentee voting.
These amendments are intended: (1) To clarify and incorporate into a
single chapter of the Revised Code of Washington the preexisting statutes
under which electors of this state qualify for absentee ballots under state
law, federal law, or a combination of both state and federal law, and (2) to
insure uniformity in the application, issuance, receipt, and canvassing of
these absentee ballots. Nothing in this act is intended to impose any new
requirement on the ability of the registered voters or electors of this state to
qualify for, receive, or cast absentee ballots in any primary or election."
[1987 c 346 § 1.]
Effective date—1987 c 346: "This act shall take effect on January
1, 1988." [1987 c 346 § 25.]
Severability—1986 c 167: See note following RCW 29.01.055.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.36.220 Request for single absentee ballot. (1)
Except as otherwise provided by law, a registered voter or
out-of-state voter, overseas voter, or service voter desiring to
cast an absentee ballot at a single election or primary must
request the absentee ballot from his or her county auditor no
earlier than ninety days nor later than the day before the
election or primary at which the person seeks to vote.
Except as otherwise provided by law, the request may be
made orally in person, by telephone, electronically, or in
writing. An application or request for an absentee ballot
made under the authority of a federal statute or regulation
will be considered and given the same effect as a request for
an absentee ballot under this chapter.
(2) A voter requesting an absentee ballot for a primary
may also request an absentee ballot for the following general
election. A request by an out-of-state voter, overseas voter,
or service voter for an absentee ballot for a primary election
will be considered as a request for an absentee ballot for the
following general election.
(3) In requesting an absentee ballot, the voter shall state
the address to which the absentee ballot should be sent. A
request for an absentee ballot from an out-of-state voter,
overseas voter, or service voter must include the address of
the last residence in the state of Washington and either a
written application or the oath on the return envelope must
include a declaration of the other qualifications of the
applicant as an elector of this state. A request for an
absentee ballot from any other voter must state the address
(2002 Ed.)
29.36.210
at which that voter is currently registered to vote in the state
of Washington or the county auditor shall verify that
information from the voter registration records of the county.
(4) A request for an absentee ballot from a registered
voter who is within this state must be made directly to the
auditor of the county in which the voter is registered. An
absentee ballot request from a registered voter who is
temporarily outside this state or from an out-of-state voter,
overseas voter, or service voter may be made either to the
appropriate county auditor or to the secretary of state, who
shall promptly forward the request to the appropriate county
auditor. No person, organization, or association may distribute absentee ballot applications within this state that contain
a return address other than that of the appropriate county
auditor. [2001 c 241 § 2.]
29.36.230 Request on behalf of family member. A
member of a registered voter’s family may request an
absentee ballot on behalf of and for use by the voter. As a
means of ensuring that a person who requests an absentee
ballot is requesting the ballot for only that person or a
member of the person’s immediate family, an auditor may
require a person who requests an absentee ballot to identify
the date of birth of the voter for whom the ballot is requested and deny a request that is not accompanied by this
information. [2001 c 241 § 3.]
29.36.240 Ongoing absentee status—Request—
Termination. Any registered voter may apply, in writing,
for status as an ongoing absentee voter. Each qualified
applicant shall automatically receive an absentee ballot for
each ensuing election or primary for which the voter is
entitled to vote and need not submit a separate request for
each election. Ballots received from ongoing absentee voters
shall be validated, processed, and tabulated in the same
manner as other absentee ballots.
Status as an ongoing absentee voter shall be terminated
upon any of the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter’s registration record;
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) Upon placing a voter on inactive status under RCW
29.10.071. [2001 c 241 § 4; 1999 c 298 § 12; 1993 c 418
§ 1; 1991 c 81 § 30; 1987 c 346 § 10; 1986 c 22 § 1; 1985
c 273 § 2. Formerly RCW 29.36.013.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.250 Special absentee ballots. (1) As provided
in this section, county auditors shall provide special absentee
ballots to be used for state primary or state general elections.
An auditor shall provide a special absentee ballot only to a
registered voter who completes an application stating that
she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided
for regular absentee ballots.
The application for a special absentee ballot may not be
filed earlier than ninety days before the applicable state
[Title 29 RCW—page 55]
29.36.250
Title 29 RCW: Elections
primary or general election. The special absentee ballot will
list the offices and measures, if known, scheduled to appear
on the state primary or general election ballot. The voter
may use the special absentee ballot to write in the name of
any eligible candidate for each office and vote on any
measure.
(2) With any special absentee ballot issued under this
section, the county auditor shall include a listing of any
candidates who have filed before the time of the application
for offices that will appear on the ballot at that primary or
election and a list of any issues that have been referred to
the ballot before the time of the application.
(3) Write-in votes on special absentee ballots must be
counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process
and canvass the special absentee ballots provided under this
section in the same manner as other absentee ballots under
chapters 29.36 and 29.62 RCW.
(4) A voter who requests a special absentee ballot under
this section may also request an absentee ballot under RCW
29.36.220(4). If the regular absentee ballot is properly voted
and returned, the special absentee ballot is void, and the
county auditor shall reject it in whole when special absentee
ballots are canvassed. [2001 c 241 § 5; 1991 c 81 § 35;
1987 c 346 § 21. Formerly RCW 29.36.170.]
District of Columbia under 39 U.S.C. 3406. [2001 c 241 §
6; 1991 c 81 § 31. Prior: 1987 c 346 § 11; 1987 c 295 §
9; 1977 ex.s. c 361 § 77; 1974 ex.s. c 73 § 1; 1965 c 9 §
29.36.030; prior: 1963 ex.s. c 23 § 3; 1955 c 167 § 4; prior:
(i) 1933 ex.s. c 41 § 2, part; 1923 c 58 § 2, part; 1921 c 143
§ 2, part; 1917 c 159 § 2, part; 1915 c 189 § 2, part; RRS
§ 5281, part. (ii) 1933 ex.s. c 41 § 3, part; 1923 c 58 § 3,
part; 1921 c 143 § 3, part; 1917 c 159 § 3, part; 1915 c 189
§ 3, part; RRS § 5282, part. Formerly RCW 29.36.030.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.36.260 Issuance of ballot and other materials.
(1) The county auditor shall issue an absentee ballot for the
primary or election for which it was requested, or for the
next occurring primary or election when ongoing absentee
status has been requested if the information contained in a
request for an absentee ballot or ongoing absentee status
received by the county auditor is complete and correct and
the applicant is qualified to vote under federal or state law.
Otherwise, the county auditor shall notify the applicant of
the reason or reasons why the request cannot be accepted.
Whenever two or more candidates have filed for the position
of precinct committee officer for the same party in the same
precinct at a general election held in an even-numbered year,
the contest for that position must be presented to absentee
voters from that precinct by either including the contest on
the regular absentee ballot or a separate absentee ballot. The
ballot must provide space designated for writing in the name
of additional candidates.
(2) A registered voter may obtain a replacement ballot
if the ballot is destroyed, spoiled, lost, or not received by the
voter. The voter may obtain the ballot by telephone request,
by mail, electronically, or in person. The county auditor
shall keep a record of each replacement ballot provided
under this subsection.
(3) A copy of the state voters’ and candidates’ pamphlet
must be sent to registered voters temporarily outside the
state, out-of-state voters, overseas voters, and service voters
along with the absentee ballot if such a pamphlet has been
prepared for the primary or election and is available to the
county auditor at the time of mailing. The county auditor
shall mail all absentee ballots and related material to voters
outside the territorial limits of the United States and the
[Title 29 RCW—page 56]
Effective date—1991 c 81: See note following RCW 29.85.010.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.36.270 Date ballots ready. Except where a
recount or litigation under RCW 29.04.030 is pending, the
county auditor shall have sufficient absentee ballots ready to
mail to absentee voters of that county at least twenty days
before any primary, general election, or special election.
[1987 c 54 § 1; 1977 ex.s. c 361 § 56; 1965 ex.s. c 103 § 5;
1965 c 9 § 29.30.075. Prior: 1949 c 161 § 10, part; 1947
c 234 § 2, part; 1935 c 26 § 1, part; 1921 c 178 § 4, part;
1907 c 209 § 8, part; Rem. Supp. 1949 § 5185, part.
Formerly RCW 29.30.075.]
29.36.280 Delivery of ballot, qualifications for. The
delivery of an absentee ballot for any primary or election
shall be subject to the following qualifications:
(1) Only the registered voter personally, or a member of
the registered voter’s immediate family may pick up an
absentee ballot for the voter at the office of the issuing
officer unless the voter is a resident of a health care facility,
as defined by RCW 70.37.020(3), on election day and
applies by messenger for an absentee ballot. In this latter
case, the messenger may pick up the voter’s absentee ballot.
(2) Except as noted in subsection (1) of this section, the
issuing officer shall mail or deliver the absentee ballot
directly to each applicant. [2001 c 241 § 7; 1984 c 27 § 2;
1965 c 9 § 29.36.035. Prior: 1963 ex.s. c 23 § 4. Formerly
RCW 29.36.035.]
29.36.290 Envelopes and instructions. The county
auditor shall send each absentee voter a ballot, a security
envelope in which to seal the ballot after voting, a larger
envelope in which to return the security envelope, and
instructions on how to mark the ballot and how to return it
to the county auditor. The larger return envelope must
contain a declaration by the absentee voter reciting his or her
qualifications and stating that he or she has not voted in any
other jurisdiction at this election, together with a summary
of the penalties for any violation of any of the provisions of
this chapter. The return envelope must provide space for the
voter to indicate the date on which the ballot was voted and
for the voter to sign the oath. A summary of the applicable
penalty provisions of this chapter must be printed on the
return envelope immediately adjacent to the space for the
voter’s signature. The signature of the voter on the return
envelope must affirm and attest to the statements regarding
(2002 Ed.)
Absentee Voting
the qualifications of that voter and to the validity of the
ballot. For out-of-state voters, overseas voters, and service
voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or
primary for which the ballot has been issued. The voter
must be instructed to either return the ballot to the county
auditor by whom it was issued or attach sufficient first class
postage, if applicable, and mail the ballot to the appropriate
county auditor no later than the day of the election or
primary for which the ballot was issued.
If the county auditor chooses to forward absentee
ballots, he or she must include with the ballot a clear
explanation of the qualifications necessary to vote in that
election and must also advise a voter with questions about
his or her eligibility to contact the county auditor. This
explanation may be provided on the ballot envelope, on an
enclosed insert, or printed directly on the ballot itself. If the
information is not included, the envelope must clearly
indicate that the ballot is not to be forwarded and that return
postage is guaranteed. [2001 c 241 § 8; 1987 c 346 § 12.
Formerly RCW 29.36.045.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.300 Observers. County auditors must request
that observers be appointed by the major political parties to
be present during the processing of absentee ballots. The
absence of the observers will not prevent the processing of
absentee ballots if the county auditor has requested their
presence. [2001 c 241 § 9.]
29.36.310 Processing incoming ballots. (1) The
opening and subsequent processing of return envelopes for
any primary or election may begin on or after the tenth day
before the primary or election. The tabulation of absentee
ballots must not commence until after 8:00 p.m. on the day
of the primary or election.
(2) After opening the return envelopes, the county
canvassing board shall place all of the ballots in secure
storage until after 8:00 p.m. of the day of the primary or
election. Absentee ballots that are to be tabulated on an
electronic vote tallying system may be taken from the inner
envelopes and all the normal procedural steps may be
performed to prepare these ballots for tabulation.
(3) Before opening a returned absentee ballot, the
canvassing board, or its designated representatives, shall
examine the postmark, statement, and signature on the return
envelope that contains the security envelope and absentee
ballot. They shall verify that the voter’s signature on the
return envelope is the same as the signature of that voter in
the registration files of the county. For registered voters
casting absentee ballots, the date on the return envelope to
which the voter has attested determines the validity, as to the
time of voting for that absentee ballot if the postmark is
missing or is illegible. For out-of-state voters, overseas
voters, and service voters, the date on the return envelope to
which the voter has attested determines the validity as to the
time of voting for that absentee ballot. For any absentee
ballot, a variation between the signature of the voter on the
return envelope and the signature of that voter in the
registration files due to the substitution of initials or the use
(2002 Ed.)
29.36.290
of common nicknames is permitted so long as the surname
and handwriting are clearly the same. [2001 c 241 § 10;
1991 c 81 § 32; 1987 c 346 § 14; 1977 ex.s. c 361 § 78;
1973 c 140 § 1; 1965 c 9 § 29.36.060. Prior: 1963 ex.s. c
23 § 5; 1955 c 167 § 7; 1955 c 50 § 2; prior: 1933 ex.s. c
41 § 5, part; 1921 c 143 § 6, part; 1917 c 159 § 4, part;
1915 c 189 § 4, part; RRS § 5285, part. Formerly RCW
29.36.060.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
County canvassing board, meeting to process absentee ballots, canvass
returns: RCW 29.62.020.
29.36.320 Report of count. The absentee ballots
must be reported at a minimum on a congressional and
legislative district basis. Absentee ballots may be counted
by congressional or legislative district or by individual
precinct, except as required under RCW 29.62.090(2).
These returns must be added to the total of the votes
cast at the polling places. [2001 c 241 § 11; 1990 c 262 §
2; 1987 c 346 § 15; 1974 ex.s. c 73 § 2; 1965 c 9 §
29.36.070. Prior: 1955 c 50 § 3; prior: 1933 ex.s. c 41 §
5, part; 1921 c 143 § 6, part; 1917 c 159 § 4, part; 1915 c
189 § 4, part; RRS § 5285, part. Formerly RCW 29.36.070.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.330 Credit for voting—Retention of ballots.
Each registered voter casting an absentee ballot will be
credited with voting on his or her voter registration record.
Absentee ballots must be retained for the same length of
time and in the same manner as ballots cast at the precinct
polling places. [2001 c 241 § 12; 1988 c 181 § 3; 1987 c
346 § 16; 1983 c 136 § 1; 1965 c 9 § 29.36.075. Prior:
1961 c 78 § 1. Formerly RCW 29.36.075.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.340 Record of requests—Public access. Each
county auditor shall maintain in his or her office, open for
public inspection, a record of the requests he or she has
received for absentee ballots under this chapter.
The information from the requests shall be recorded and
lists of this information shall be available no later than
twenty-four hours after their receipt.
This information about absentee voters shall be available
according to the date of the requests and by legislative
district. It shall include the name of each applicant, the
address and precinct in which the voter maintains a voting
residence, the date on which an absentee ballot was issued
to this voter, if applicable, the type of absentee ballot, and
the address to which the ballot was or is to be mailed, if
applicable.
The auditor shall make copies of these records available
to the public for the actual cost of production or copying.
[1991 c 81 § 33; 1987 c 346 § 17; 1973 1st ex.s. c 61 § 1.
Formerly RCW 29.36.097.]
Effective date—1991 c 81: See note following RCW 29.85.010.
[Title 29 RCW—page 57]
29.36.340
Title 29 RCW: Elections
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.350 Challenges. The qualifications of any
absentee voter may be challenged at the time the signature
on the return envelope is verified and the ballot is processed
by the canvassing board. The board has the authority to
determine the legality of any absentee ballot challenged
under this section. Challenged ballots must be handled in
accordance with chapter 29.10 RCW. [2001 c 241 § 13;
1987 c 346 § 18; 1965 c 9 § 29.36.100. Prior: 1917 c 159
§ 5; 1915 c 189 § 5; RRS § 5286. Formerly RCW
29.36.100.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.360 Rules for accuracy, secrecy, and uniformity—Out-of-state, overseas, service voters. The secretary
of state shall adopt rules to:
(1) Establish standards and procedures to prevent fraud
and to facilitate the accurate processing and canvassing of
absentee ballots and mail ballots;
(2) Establish standards and procedures to guarantee the
secrecy of absentee ballots and mail ballots;
(3) Provide uniformity among the counties of the state
in the conduct of absentee voting and mail ballot elections;
and
(4) Facilitate the operation of the provisions of this
chapter regarding out-of-state voters, overseas voters, and
service voters.
The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters,
and service voters to the county auditors. [1993 c 417 § 7;
1987 c 346 § 19; 1983 1st ex.s. c 71 § 8. Formerly RCW
29.36.150.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.370 Penalty. A person who willfully violates
any provision of this chapter regarding the assertion or
declaration of qualifications to receive or cast an absentee
ballot or unlawfully casts a vote by absentee ballot is guilty
of a class C felony punishable under RCW 9A.20.021.
Except as provided in chapter 29.85 RCW a person who
willfully violates any other provision of this chapter is guilty
of a misdemeanor. [2001 c 241 § 14; 1994 c 269 § 2; 1991
c 81 § 34; 1987 c 346 § 20; 1983 1st ex.s. c 71 § 9.
Formerly RCW 29.36.160.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.36.900 Captions not law—2001 c 241. Section
captions and part headings used in chapter 241, Laws of
2001 are not part of the law. [2001 c 241 § 26.]
[Title 29 RCW—page 58]
Chapter 29.38
ELECTION BY MAIL
Sections
29.38.010
29.38.020
29.38.030
29.38.040
29.38.050
29.38.060
29.38.070
29.38.900
Mail ballot precincts.
Special elections.
Odd-year primaries.
Depositing ballots—Replacement ballots.
Return of voted ballot.
Ballot contents—Counting.
Penalty.
Captions not law—2001 c 241.
29.38.010 Mail ballot precincts. The county auditor
may designate any precinct having fewer than two hundred
active registered voters at the time of closing of voter
registration as provided in RCW 29.07.160 as a mail ballot
precinct. The county auditor shall notify each registered
voter by mail that for all future primaries and elections the
voting in his or her precinct will be by mail ballot only. In
determining the number of registered voters in a precinct for
the purposes of this section, persons who are ongoing
absentee voters under RCW 29.36.240 shall not be counted.
Nothing in this section may be construed as altering the vote
tallying requirements of RCW 29.62.090.
As soon as ballots are available, the county auditor shall
mail or deliver a ballot and an envelope, preaddressed to the
issuing officer, to each active registered voter. The auditor
shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which
of the two is to be sent. If the inactive voter returns a voted
ballot, the ballot shall be counted and the voter’s status
restored to active. If the inactive voter completes and
returns an application, a ballot shall be sent and the voter’s
status restored to active.
If the precinct exceeds two hundred registered voters, or
the auditor determines to return to a polling place election
environment, the auditor shall notify each registered voter,
by mail, of this and shall provide the address of the polling
place to be used. [2001 c 241 § 15. Prior: 1994 c 269 § 1;
1994 c 57 § 48; 1993 c 417 § 1; 1983 1st ex.s. c 71 § 1;
1974 ex.s. c 35 § 2; 1967 ex.s. c 109 § 6. Formerly RCW
29.36.120.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
29.38.020 Special elections. At any nonpartisan
special election not being held in conjunction with a state
primary or general election, the county, city, town, or district
requesting the election pursuant to RCW 29.13.010 or
29.13.020 may also request that the special election be
conducted by mail ballot. The county auditor may honor the
request or may determine that the election is not to be
conducted by mail ballot. The decision of the county auditor
in this regard is final.
For all special elections not being held in conjunction
with a state primary or state general election where voting is
conducted by mail ballot, the county auditor shall, not less
than twenty days before the date of such election, make
available to each registered voter a mail ballot. The auditor
shall handle inactive voters in the same manner as inactive
voters in mail ballot precincts. [2001 c 241 § 16; 1994 c 57
§ 49; 1993 c 417 § 2. Formerly RCW 29.36.121.]
(2002 Ed.)
Election by Mail
29.38.020
Severability—-Effective date—1994 c 57: See notes following RCW
10.64.021.
c 417 § 4; 1983 1st ex.s. c 71 § 4. Formerly RCW
29.36.126.]
29.38.030 Odd-year primaries. In an odd-numbered
year, the county auditor may conduct a primary or a special
election by mail ballot concurrently with the primary:
(1) For an office or ballot measure of a special purpose
district that is entirely within the county;
(2) For an office or ballot measure of a special purpose
district that lies in the county and one or more other counties
if the auditor first secures the concurrence of the county
auditors of those other counties to conduct the primary in
this manner district-wide; and
(3) For a ballot measure or nonpartisan office of a
county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town
involved.
The county auditor shall notify an election jurisdiction
for which a primary is to be held that the primary will be
conducted by mail ballot.
A primary in an odd-numbered year may not be
conducted by mail ballot in a precinct with two hundred or
more active registered voters if a partisan office or state
office or state ballot measure is to be voted upon at that
primary in the precinct.
To the extent they are not inconsistent with other
provisions of law, the laws governing the conduct of mail
ballot special elections apply to nonpartisan primaries
conducted by mail ballot. [2001 c 241 § 17.]
29.38.060 Ballot contents—Counting. All mail
ballots authorized by RCW 29.38.010 or 29.38.020 or
29.38.030 must contain the same offices, names of nominees
or candidates, and propositions to be voted upon, including
precinct offices, as if the ballot had been voted in person at
the polling place. Except as otherwise provided by law, mail
ballots must be treated in the same manner as absentee
ballots issued at the request of the voter. If electronic vote
tallying devices are used, political party observers must be
given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29.33.350
before tabulating ballots. Political party observers may
select at random ballots to be counted manually as provided
by RCW 29.54.025. Any violation of the secrecy of the
count is subject to the same penalties as provided for in
RCW 29.85.225. [2001 c 241 § 20; 1993 c 417 § 5; 1990
c 59 § 76; 1983 1st ex.s. c 71 § 5; 1967 ex.s. c 109 § 7.
Formerly RCW 29.36.130.]
29.38.040 Depositing ballots—Replacement ballots.
(1) If a county auditor conducts an election by mail, the
county auditor shall designate one or more places for the
deposit of ballots not returned by mail. The places designated under this section shall be open on the date of the
election for a period of thirteen hours, beginning at 7:00 a.m.
and ending at 8:00 p.m.
(2) A registered voter may obtain a replacement ballot
as provided in this subsection if the ballot is destroyed,
damaged, lost, or not received by the voter. A voter may
request a replacement mail ballot in person, by mail, by
telephone, or by other electronic transmission for himself or
herself and for any member of his or her immediate family.
The request must be received by the auditor before 8:00 p.m.
on election day. The county auditor shall keep a record of
each replacement ballot issued, including the date of the
request. Replacement mail ballots may be counted in the
final tabulation of ballots only if the original ballot is not
received by the county auditor and the replacement ballot
meets all requirements for tabulation necessary for the
tabulation of regular mail ballots. [2001 c 241 § 18; 1983
1st ex.s. c 71 § 3. Formerly RCW 29.36.124.]
29.38.050 Return of voted ballot. The voter shall
return the ballot to the county auditor in the return identification envelope. If mailed, a ballot must be postmarked not
later than the date of the primary or election. Otherwise, the
ballot must be deposited at the office of the county auditor
or the designated place of deposit not later than 8:00 p.m. on
the date of the primary or election. [2001 c 241 § 19; 1993
(2002 Ed.)
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.38.070 Penalty. A person who willfully violates
any provision of this chapter regarding the conduct of mail
ballot primaries or elections is guilty of a class C felony
punishable under RCW 9A.20.021. [2001 c 241 § 21.]
29.38.900 Captions not law—2001 c 241. See RCW
29.36.900.
Chapter 29.42
POLITICAL PARTIES
Sections
29.42.010
29.42.020
29.42.030
29.42.040
29.42.050
Authority—Generally.
State committee.
County central committee—Organization meetings.
Precinct committee officer, eligibility.
Precinct committee officer—Election—Declaration of candidacy, fee—Term—Vacancy.
Precinct office to appear on separate absentee ballot.
Legislative district chair—Election—Term—Removal.
29.42.060
29.42.070
Civil service
city firemen, political contributions and services not required—Solicitation
and coercion prohibited: RCW 41.08.160.
city police, political contributions and services not required—Solicitation
and coercion prohibited: RCW 41.12.160.
sheriff’s office, political activities regulated: RCW 41.14.190.
Disclosure of financing: Chapter 42.17 RCW.
Emergency service units, political activity by, prohibited: RCW 38.52.120.
Joint legislative audit and review committee, political party representation
limitation: RCW 44.28.010.
Libel and slander: Chapter 9.58 RCW.
Poll books—As public records—Copies to representatives of major political
parties: RCW 29.04.100.
Precinct committee officer, notice of election to indicate office: RCW
29.04.020.
Precinct election officers, political affiliation as affecting designation of:
Chapter 29.45 RCW.
Public employees, political activities: RCW 41.06.250.
Sabotage: Chapter 9.05 RCW.
[Title 29 RCW—page 59]
Chapter 29.42
Title 29 RCW: Elections
Statute law committee, political party representation limitation: RCW
1.08.001.
Subversive activities: Chapter 9.81 RCW.
Write-in voting, political party affiliation to appear: RCW 29.62.180.
29.42.010 Authority—Generally. Each political party
organization shall have the power to:
(1) Make its own rules and regulations;
(2) Call conventions;
(3) Elect delegates to conventions, state and national;
(4) Fill vacancies on the ticket;
(5) Provide for the nomination of presidential electors;
and
(6) Perform all functions inherent in such an organization: PROVIDED, That only major political parties shall
have the power to designate candidates to appear on the state
primary election ballot as provided in RCW 29.18.150 as
now or hereafter amended. [1977 ex.s. c 329 § 16; 1965 c
9 § 29.42.010. Prior: 1961 c 130 § 2; prior: 1943 c 178 §
1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s.
c 158 § 1, part; 1909 c 82 § 6, part; 1907 c 209 § 22, part;
Rem. Supp. 1943 § 5198, part.]
Vacancies on ticket—How filled: RCW 29.18.150, 29.18.160.
29.42.020 State committee. The state committee of
each major political party shall consist of one committeeman
and one committeewoman from each county elected by the
county committee at its organization meeting. It shall have
a chair and vice-chair who must be of opposite sexes. This
committee shall meet during January of each odd-numbered
year for the purpose of organization at a time and place
designated by a sufficient notice to all the newly elected
state committeemen and committeewomen by the authorized
officers of the retiring committee. For the purpose of this
section a notice mailed at least one week prior to the date of
the meeting shall constitute sufficient notice. At its organizational meeting it shall elect its chair and vice-chair, and
such officers as its bylaws may provide, and adopt bylaws,
rules and regulations. It shall have power to:
(1) Call conventions at such time and place and under
such circumstances and for such purposes as the call to
convention shall designate. The manner, number and procedure for selection of state convention delegates shall be
subject to the committee’s rules and regulations duly
adopted;
(2) Provide for the election of delegates to national
conventions;
(3) Fill vacancies on the ticket for any federal or state
office to be voted on by the electors of more than one
county;
(4) Provide for the nomination of presidential electors;
and
(5) Perform all functions inherent in such an organization.
Notwithstanding any provision of this chapter, the
committee shall not set rules which shall govern the conduct
of the actual proceedings at a party state convention. [1987
c 295 § 11; 1972 ex.s. c 45 § 1; 1965 c 9 § 29.42.020.
Prior: 1961 c 130 § 3; prior: 1943 c 178 § 1, part; 1939 c
48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1,
[Title 29 RCW—page 60]
part; 1909 c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp.
1943 § 5198, part.]
29.42.030 County central committee—Organization
meetings. The county central committee of each major
political party shall consist of the precinct committee officers
of the party from the several voting precincts of the county.
Following each state general election held in even-numbered
years, this committee shall meet for the purpose of organization at an easily accessible location within the county,
subsequent to the certification of precinct committee officers
by the county auditor and no later than the second Saturday
of the following January. The authorized officers of the
retiring committee shall cause notice of the time and place
of such meeting to be mailed to each precinct committee
officer at least seventy-two hours prior to the date of the
meeting.
At its organization meeting, the county central committee shall elect a chair and vice-chair who must be of opposite sexes; it shall also elect a state committeeman and a
state committeewoman. [1987 c 295 § 12; 1973 c 85 § 1;
1973 c 4 § 5; 1965 c 9 § 29.42.030. Prior: 1961 c 130 § 4;
prior: 1943 c 178 § 1, part; 1939 c 48 § 1, part; 1927 c 200
§ 1, part; 1925 ex.s. c 158 § 1, part; 1909 c 82 § 6, part;
1907 c 209 § 22, part; Rem. Supp. 1943 § 5198, part.]
Precinct election officers, appointment: RCW 29.45.010 and 29.45.030.
29.42.040 Precinct committee officer, eligibility.
Any member of a major political party who is a registered
voter in the precinct may upon payment of a fee of one
dollar file his or her declaration of candidacy as prescribed
under RCW 29.15.010 with the county auditor for the office
of precinct committee officer of his or her party in that
precinct. When elected the precinct committee officer shall
serve so long as the committee officer remains an eligible
voter in that precinct and until a successor has been elected
at the next ensuing state general election in the even-numbered year. [1990 c 59 § 104. Prior: 1987 c 295 § 13;
1987 c 133 § 3; 1973 c 4 § 6; 1965 c 9 § 29.42.040; prior:
1961 c 130 § 5; prior: 1943 c 178 § 1, part; 1939 c 48 § 1,
part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1, part; 1909
c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp. 1943 §
5198, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Precinct election officers, list of qualified persons: RCW 29.45.030.
29.42.050 Precinct committee officer—Election—
Declaration of candidacy, fee—Term—Vacancy. The
statutory requirements for filing as a candidate at the
primaries shall apply to candidates for precinct committee
officer except that the filing period for this office alone shall
be extended to and include the Friday immediately following
the last day for political parties to fill vacancies in the ticket
as provided by RCW 29.18.150, and the office shall not be
voted upon at the primaries, but the names of all candidates
must appear under the proper party and office designations
on the ballot for the general November election for each
even-numbered year and the one receiving the highest
number of votes shall be declared elected: PROVIDED,
That to be declared elected, a candidate must receive at least
(2002 Ed.)
Political Parties
ten percent of the number of votes cast for the candidate of
the candidate’s party receiving the greatest number of votes
in the precinct. Any person elected to the office of precinct
committee officer who has not filed a declaration of candidacy shall pay the fee of one dollar to the county auditor for
a certificate of election. The term of office of precinct
committee officer shall be for two years, commencing upon
completion of the official canvass of votes by the county
canvassing board of election returns. Should any vacancy
occur in this office by reason of death, resignation, or
disqualification of the incumbent, or because of failure to
elect, the respective county chair of the county central
committee shall be empowered to fill such vacancy by
appointment: PROVIDED, HOWEVER, That in legislative
districts having a majority of its precincts in a county with
a population of one million or more, such appointment shall
be made only upon the recommendation of the legislative
district chair: PROVIDED, That the person so appointed
shall have the same qualifications as candidates when filing
for election to such office for such precinct: PROVIDED
FURTHER, That when a vacancy in the office of precinct
committee officer exists because of failure to elect at a state
general election, such vacancy shall not be filled until after
the organization meeting of the county central committee and
the new county chair selected as provided by RCW
29.42.030. [1991 c 363 § 34; 1987 c 295 § 14; 1973 c 4 §
7; 1967 ex.s. c 32 § 2; 1965 ex.s. c 103 § 3; 1965 c 9 §
29.42.050. Prior: 1961 c 130 § 6; prior: 1953 c 196 § 1;
1943 c 178 § 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1,
part; 1925 ex.s. c 158 § 1, part; 1909 c 82 § 6, part; 1907 c
209 § 22, part; Rem. Supp. 1943 § 5198, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1967 ex.s. c 32: See note following RCW 29.42.070.
Notice of general election, office to be indicated: RCW 29.04.020.
29.42.060 Precinct office to appear on separate
absentee ballot. See RCW 29.36.260 and 29.36.320.
29.42.070 Legislative district chair—Election—
Term—Removal. Within forty-five days after the statewide
general election in even-numbered years, or within thirty
days following July 30, 1967, for the biennium ending with
the 1968 general elections, the county chair of each major
political party shall call separate meetings of all elected
precinct committee officers in each legislative district a
majority of the precincts of which are within a county with
a population of one million or more for the purpose of
electing a legislative district chair in such district. The
district chair shall hold office until the next legislative
district reorganizational meeting two years later, or until a
successor is elected.
The legislative district chair can only be removed by the
majority vote of the elected precinct committee officers in
the chair’s district. [1991 c 363 § 35; 1987 c 295 § 15;
1967 ex.s. c 32 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1967 ex.s. c 32: "If any provision of this 1967
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the 1967 amendatory act, or the application of the
(2002 Ed.)
29.42.050
provision to other persons or circumstances is not affected." [1967 ex.s. c
32 § 3.]
Precinct committee officer, filling vacancy: RCW 29.42.050.
Chapter 29.45
PRECINCT ELECTION OFFICERS
Sections
29.45.010
29.45.020
Appointment of judges and inspector.
Appointment of clerks—Party representation—Hour to report.
29.45.030 Nomination.
29.45.040 Vacancies—How filled—Inspector’s authority.
29.45.050 One set of precinct election officers, exceptions—Counting
board—Receiving board.
29.45.060 Duties—Generally.
29.45.065 Application to other primaries or elections.
29.45.070 Inspector as chairman—Authority.
29.45.080 Oaths of officers required.
29.45.090 Oath of inspectors, form.
29.45.100 Oath of judges, form.
29.45.110 Oath of clerks, form.
29.45.120 Compensation.
Contests, misconduct of precinct election board
irregularity must be material to result: RCW 29.65.060.
members as grounds for: RCW 29.65.010.
number of votes affected—Enough to change result: RCW 29.65.070.
District election officials, see particular district, elections in.
Forms for declaration of death of registered voter, precinct election officers
to have: RCW 29.10.090.
Poll-site ballot counting device precincts, precinct election officers’ duties:
RCW 29.48.080.
Precinct election officers’ duties before, during, and after polls open:
Chapters 29.48, 29.51, and 29.54 RCW.
Term of county and precinct officers: RCW 36.16.020.
Violations by election officers, penalties: Chapter 29.85 RCW.
Voting systems, preparation for voting: Chapter 29.33 RCW.
29.45.010 Appointment of judges and inspector. (1)
At least ten days prior to any primary or election, general or
special, the county auditor shall appoint one inspector and
two judges of election for each precinct (or each combination of precincts temporarily consolidated as a single precinct
for that primary or election), other than those precincts
designated as vote-by-mail precincts pursuant to *RCW
29.36.120. Except as provided in subsection (3) of this
section, the persons appointed shall be among those whose
names are contained on the lists furnished under RCW
29.45.030 by the chairpersons of the county central committees of the political parties entitled to representation thereon.
Such precinct election officers, whenever possible, should be
residents of the precinct in which they serve.
(2) The county auditor may delete from the lists of
names submitted to the auditor by the chairpersons of the
county central committees under RCW 29.45.030: (a) The
names of those persons who indicate to the auditor that they
cannot or do not wish to serve as precinct election officers
for the primary or election or who otherwise cannot so serve;
and (b) the names of those persons who lack the ability to
conduct properly the duties of an inspector or judge of
election after training in that proper conduct has been made
available to them by the auditor. The lists which are
submitted to the auditor in a timely manner under RCW
29.45.030, less the deletions authorized by this subsection,
[Title 29 RCW—page 61]
29.45.010
Title 29 RCW: Elections
constitute the official nomination lists for inspectors and
judges of election.
(3) If the number of persons whose names are on the
official nomination list for a political party is not sufficient
to satisfy the requirements of subsection (4) of this section
as it applies to that political party or is otherwise insufficient
to provide the number of precinct election officials required
from that political party, the auditor shall notify the chair of
the party’s county central committee regarding the deficiency. The chair may, within five business days of being
notified by the auditor, add to the party’s nomination list the
names of additional persons belonging to that political party
who are qualified to serve on the election boards. To the
extent that, following this procedure, the number of persons
whose names appear on the official nomination lists of the
political parties is insufficient to provide the number of
election inspectors and judges required for a primary or
election, the auditor may appoint a properly trained person
whose name does not appear on such a list as an inspector
or judge of election for a precinct.
(4) The county auditor shall designate the inspector and
one judge in each precinct from that political party which
polled the highest number of votes in the county for its
candidate for president at the last preceding presidential
election and one judge from that political party polling the
next highest number of votes in the county for its candidate
for president at the same election. The provisions of this
subsection apply only if the number of names on the official
nomination list for inspectors and judges of election for a
political party is sufficient to satisfy the requirements
imposed by this subsection.
(5) Except as provided in RCW 29.45.040 for the filling
of vacancies, this shall be the exclusive method for the
appointment of inspectors and judges to serve as precinct
election officers at any primary or election, general or
special, and shall supersede the provisions of any and all
other statutes, whether general or special in nature, having
different requirements. [1991 c 106 § 1; 1983 1st ex.s. c 71
§ 7; 1965 ex.s. c 101 § 1; 1965 c 9 § 29.45.010. Prior: (i)
1935 c 165 § 2, part; RRS § 5147-1, part. (ii) Code 1881 §
3068, part; 1865 p 30 § 2, part; RRS § 5158, part. (iii) 1907
c 209 § 15, part; RRS § 5192, part. (iv) 1895 c 156 § 6,
part; 1889 p 407 § 20, part; RRS § 5277, part. (v) 1947 c
182 § 1, part; Rem. Supp. 1947 § 5166-10, part; prior: 1945
c 164 § 3, part; 1941 c 180 § 1, part; 1935 c 5 § 1, part;
1933 ex.s. c 29 § 1, part; prior: 1933 c 79 § 1, part; 1927
c 279 § 2, part; 1923 c 53 § 3, part; 1921 c 61 § 5, part;
Rem. Supp. 1945 § 5147, part.]
*Reviser’s note: RCW 29.36.120 was recodified as RCW 29.38.010
pursuant to 2001 c 241 § 25.
29.45.020 Appointment of clerks—Party representation—Hour to report. At the same time the officer having
jurisdiction of the election appoints the inspector and two
judges as provided in RCW 29.45.010, he may appoint one
or more persons to act as clerks if in his judgment such
additional persons are necessary, except that in precincts in
which voting machines are used, the judges of election shall
perform the duties required to be performed by clerks.
Each clerk appointed shall represent a major political
party: PROVIDED, That the political party representation
of a single set of precinct election officers shall, whenever
[Title 29 RCW—page 62]
possible, be equal but, in any event, no single political party
shall be represented by more than a majority of one at each
polling place.
The election officer having jurisdiction of the election
may designate at what hour the clerks shall report for duty.
The hour may vary among the precincts according to the
judgment of the appointing officer. [1965 ex.s. c 101 § 2;
1965 c 9 § 29.45.020. Prior: 1955 c 168 § 4; prior: (i)
1915 c 114 § 4, part; 1913 c 58 § 9, part; RRS § 5308, part.
(ii) 1895 c 156 § 1, part; Code 1881 § 3069, part; 1865 p 31
§ 3, part; RRS § 5159, part.]
29.45.030 Nomination. The precinct committee
officer of each major political party shall certify to the
officer’s county chair a list of those persons belonging to the
officer’s political party qualified to act upon the election
board in the officer’s precinct.
By the first day of June each year, the chair of the
county central committee of each major political party shall
certify to the officer having jurisdiction of the election a list
of those persons belonging to the county chair’s political
party in each precinct who are qualified to act on the
election board therein.
The county chair shall compile this list from the names
certified by the various precinct committee officers unless no
names or not [a] sufficient [number of] names have been
certified from a precinct, in which event the county chair
may include therein the names of qualified members of the
county chair’s party selected by the county chair. The
county chair shall also have the authority to substitute names
of persons recommended by the precinct committee officers
if in the judgment of the county chair such persons are not
qualified to serve as precinct election officers. [1991 c 106
§ 2; 1987 c 295 § 16; 1965 ex.s. c 101 § 3; 1965 c 9 §
29.45.030. Prior: (i) 1907 c 209 § 15, part; RRS § 5192,
part. (ii) 1935 c 165 § 2, part; RRS § 5147-1, part.]
29.45.040 Vacancies—How filled—Inspector’s
authority. If no election officers have been appointed for
a precinct, or if at the hour for opening the polls none of
those appointed is present at the polling place therein, the
voters present may appoint the election board for that
precinct. One of the judges may perform the duties of clerk
of election. The inspector shall have the power to fill any
vacancy that may occur in the board of judges, or by
absence or refusal to serve of either of the clerks after the
polls shall have been opened. [1965 c 9 § 29.45.040. Prior:
(i) Code 1881 § 3075, part; 1865 p 32 § 9, part; RRS §
5165, part. (ii) Code 1881 § 3068, part; 1865 p 30 § 2, part;
RRS § 5158, part. (iii) 1907 c 209 § 15, part; RRS § 5192,
part.]
29.45.050 One set of precinct election officers,
exceptions—Counting board—Receiving board. There
shall be but one set of election officers at any one time in
each precinct except as provided in this section.
In every precinct using paper ballots having two
hundred or more registered voters there shall be appointed,
and in every precinct having less than two hundred registered voters there may be appointed, at a state primary or
state general election, two or more sets of precinct election
(2002 Ed.)
Precinct Election Officers
officers as provided in RCW 29.04.020 and 29.45.010. The
officer in charge of the election may appoint one or more
counting boards at his discretion, when he decides that
because of a long or complicated ballot or because of the
number of expected voters, there is need of additional
counting board or boards to improve the speed and accuracy
of the count.
In making such appointments, one or more sets of
precinct election officers shall be designated as the counting
board or boards, the first of which shall consist of an
inspector, two judges, and a clerk and the second set, if activated, shall consist of two judges and two clerks. The duties
of the counting board or boards shall be the count of ballots
cast and the return of the election records and supplies to the
officer having jurisdiction of the election.
One set of precinct election officers shall be designated
as the receiving board which shall have all other powers and
duties imposed by law for such elections. Nothing in this
section prevents the county auditor from appointing relief or
replacement precinct election officers at any time during
election day. Relief or replacement precinct election officers
must be of the same political party as the officer they are
relieving or replacing. [1994 c 223 § 91; 1973 c 102 § 2;
1965 ex.s. c 101 § 4; 1965 c 9 § 29.45.050. Prior: 1955 c
148 § 2; prior: (i) 1923 c 53 § 4, part; 1921 c 61 § 6, part;
RRS § 5148, part. (ii) 1921 c 170 § 4, part; RRS § 5153,
part.]
29.45.060 Duties—Generally. The inspector and
judges of election in each precinct shall conduct the elections
therein and receive, deposit, and count the ballots cast
thereat and make returns to the proper canvassing board or
officer except that when two or more sets of precinct
election officers are appointed as provided in RCW
29.45.050, the ballots shall be counted by the counting board
or boards as provided in RCW 29.54.015, 29.54.018, and
29.85.225. [1990 c 59 § 74; 1973 c 102 § 3; 1965 ex.s. c
101 § 5; 1965 c 9 § 29.45.060. Prior: 1955 c 148 § 3;
prior: (i) 1923 c 53 § 4, part; 1921 c 61 § 6, part; RRS §
5148, part. (ii) 1921 c 170 § 4, part; RRS § 5153, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.45.065 Application to other primaries or elections. All of the provisions of RCW 29.45.050 and
29.45.060 relating to counting boards may be applied on an
optional basis to any other primary or election, regular or
special, at the discretion of the officer in charge of the
election. [1973 c 102 § 5.]
29.45.070 Inspector as chairman—Authority. The
inspector shall be chairman of the board and after its
organization shall have power to administer all necessary
oaths which may be required in the progress of the election.
[1965 c 9 § 29.45.070. Prior: Code 1881 § 3075, part;
1865 p 32 § 9, part; RRS § 5165, part.]
29.45.080 Oaths of officers required. The inspector,
judges, and clerks of election, before entering upon the
duties of their offices, shall take and subscribe the prescribed
oath or affirmation which shall be administered to them by
(2002 Ed.)
29.45.050
any person authorized to administer oaths and verified under
the hand of the person by whom such oath or affirmation is
administered. If no such person is present, the inspector
shall administer the same to the judges and clerks, and one
of the judges shall administer the oath to the inspector.
The county auditor shall furnish two copies of the
proper form of oath to each precinct election officer, one
copy thereof, after execution, to be placed and transmitted
with the election returns. [1965 c 9 § 29.45.080. Prior: (i)
Code 1881 § 3070; 1865 p 31 § 4; RRS § 5160. (ii) 1895
c 156 § 2, part; Code 1881 § 3074, part; 1865 p 32 § 8,
part; RRS § 5164, part.]
29.45.090 Oath of inspectors, form. The following
shall be the form of the oath or affirmation to be taken by
each inspector:
"I, A B, do swear (or affirm) that I will duly attend to
the ensuing election, during the continuance thereof, as an
inspector, and that I will not receive any ballot or vote from
any person other than such as I firmly believe to be entitled
to vote at such election, without requiring such evidence of
the right to vote as is directed by law; nor will I vexatiously
delay the vote of, or refuse to receive, a ballot from any
person whom I believe to be entitled to vote; but that I will
in all things truly, impartially, and faithfully perform my
duty therein to the best of my judgment and abilities; and
that I am not, directly nor indirectly, interested in any bet or
wager on the result of this election." [1965 c 9 § 29.45.090.
Prior: Code 1881 § 3071; 1865 p 31 § 5; RRS § 5161.]
29.45.100 Oath of judges, form. The following shall
be the oath or affirmation of each judge:
"We, A B, do swear (or affirm) that we will as judges
duly attend the ensuing election, during the continuance
thereof, and faithfully assist the inspector in carrying on the
same; that we will not give our consent to the receipt of any
vote or ballot from any person, other than one whom we
firmly believe to be entitled to vote at such election; and that
we will make a true and perfect return of the said election
and will in all things truly, impartially, and faithfully
perform our duty respecting the same to the best of our
judgment and abilities; and that we are not directly nor
indirectly interested in any bet or wager on the result of this
election." [1965 c 9 § 29.45.100. Prior: Code 1881 §
3072; 1865 p 31 § 6; RRS § 5162.]
29.45.110 Oath of clerks, form. The following shall
be the form of the oath to be taken by the clerks:
"We, and each of us, A B, do swear (or affirm) that we
will impartially and truly write down the name of each
elector who votes at the ensuing election, and also the name
of the county and precinct wherein the elector resides; that
we will carefully and truly write down the number of votes
given for each candidate at the election as often as his name
is read to us by the inspector and in all things truly and
faithfully perform our duty respecting the same to the best
of our judgment and abilities, and that we are not directly
nor indirectly interested in any bet or wager on the result of
this election." [1965 c 9 § 29.45.110. Prior: Code 1881 §
3073; 1865 p 32 § 7; RRS § 5163.]
[Title 29 RCW—page 63]
29.45.120
Title 29 RCW: Elections
29.45.120 Compensation. The fees of officers of
election shall be as follows:
To the judges and clerks of an election not less than the
minimum hourly wage per hour as provided under RCW
49.46.020 as now or hereafter amended, the exact amount to
be fixed by the respective boards of county commissioners
for each county. To inspectors, the rate paid to judges and
clerks plus an additional two hours’ compensation. The
precinct election officer picking up the election supplies and
returning the election returns to the county auditor shall be
entitled to additional compensation, the exact amount to be
determined by the respective boards of county commissioners for each county. [1971 ex.s. c 124 § 2; 1965 c 9 §
29.45.120. Prior: 1961 c 43 § 1; 1951 c 67 § 1; 1945 c 186
§ 1; 1919 c 163 § 13; 1895 c 20 § 1; Code 1881 § 3151;
1866 p 8 § 9; 1865 p 52 § 12; Rem. Supp. 1945 § 5166.
See also 1907 c 209 § 15; RRS § 5192.]
29.48.007 Polling place—Use of county, municipality, or special district facilities. The legislative authority of
each county, municipality, and special district shall, at the
request of the county auditor, make their facilities available
for use as polling places for primaries, special elections, and
state general elections held within that county. When, in the
judgment of the county auditor, a facility of a county,
municipality, or special district would provide a location for
a polling place that would best satisfy the requirements of
chapter 29.57 RCW, he or she shall notify the legislative authority of that county, municipality, or district of the number
of facilities needed for use as polling places. Payment for
polling places and any other conditions or obligations
regarding these polling places shall be provided for by
contract between the county auditor and the county, municipality, or district. [1985 c 205 § 14; 1965 c 9 § 29.48.007.
Prior: 1955 c 201 § 1.]
Severability—1971 ex.s. c 124: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 124 § 3.]
Effective dates—1985 c 205: See note following RCW 29.57.070.
Chapter 29.48
POLLING PLACE REGULATIONS
BEFORE POLLS OPEN
Sections
29.48.005
29.48.007
Polling place—May be located outside precinct.
Polling place—Use of county, municipality, or special district facilities.
29.48.010 Voting booths.
29.48.020 Time for arrival of officers.
29.48.030 Delivery of supplies.
29.48.035 Additional supplies for paper ballots.
29.48.045 Poll-site ballot counting devices.
29.48.070 Inspection of voting equipment.
29.48.080 Initialization of counting devices.
29.48.090 Duty to display flag.
29.48.100 Announcement opening the polls.
Delivery of registration files: RCW 29.07.170.
Election laws provided to officers of election: RCW 29.04.060.
Forms available when polls open
statements that registered voter is deceased: RCW 29.10.090.
statements that voter has changed residence: RCW 29.10.130, 29.10.150,
29.10.170.
Poll books: RCW 29.04.100.
Precinct election officers, appointment of and oaths: Chapter 29.45 RCW.
Violations and penalties for actions taken before polls open: Chapter 29.85
RCW.
29.48.005 Polling place—May be located outside
precinct. Polling places for the various voting precincts
may be located outside the boundaries of the respective
precincts, when the officers conducting the primary or
election shall deem it feasible: PROVIDED, That such
polling places shall be located within a reasonable distance
of their respective precincts. The purpose of this section is
to furnish adequate voting facilities at readily accessible and
identifiable locations and nothing herein shall be construed
as affecting the number, method of selection or duties of
precinct election officers. [1965 c 9 § 29.48.005. Prior:
1951 c 123 § 1.]
[Title 29 RCW—page 64]
29.48.010 Voting booths. The county auditor shall
provide in each polling place a sufficient number of voting
booths or voting devices along with any supplies necessary
to enable the voter to mark or register his or her choices on
the ballot and within which the voters may cast their votes
in secrecy. [1999 c 158 § 4; 1994 c 57 § 51; 1990 c 59 §
35; 1965 c 9 § 29.48.010. Prior: 1907 c 130 § 2, part; 1889
p 408 § 21, part; RRS § 5278, part.]
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.48.020 Time for arrival of officers. The precinct
election officers for each precinct shall meet at the designated polling place at the time set by the county auditor. [1977
ex.s. c 361 § 80; 1965 c 9 § 29.48.020. Prior: 1957 c 195
§ 6; prior: 1913 c 58 § 12, part; RRS § 5312, part.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Clerks, hour to report: RCW 29.45.020.
29.48.030 Delivery of supplies. No later than the day
before a primary or election, the county auditor shall provide
to the inspector or one of the judges of each precinct or to
one of the inspectors of a polling place where more than one
precinct will be voting, all of the ballots, precinct lists of
registered voters, and other supplies necessary for conducting
the election or primary. [1990 c 59 § 36; 1977 ex.s. c 361
§ 81; 1971 ex.s. c 202 § 40; 1965 c 9 § 29.48.030. Prior:
(i) 1921 c 178 § 8; Code 1881 § 3078; 1865 p 34 § 3; RRS
§ 5322. (ii) 1919 c 163 § 20, part; 1895 c 156 § 9, part;
1889 p 411 § 28, part; RRS § 5293, part. (iii) 1907 c 209
§ 20; RRS § 5196. (iv) 1913 c 138 § 29, part; RRS § 5425,
part. (v) 1915 c 124 § 1; 1895 c 156 § 5; 1893 c 91 § 1;
1889 p 407 § 18; RRS § 5275. (vi) 1921 c 68 § 1, part;
RRS § 5320, part. (vii) 1895 c 156 § 6, part; 1889 p 407 §
20; RRS § 5277, part. (viii) 1895 c 156 § 2, part; Code
1881 § 3074; 1865 p 32 § 8; RRS § 5164, part. (ix) 1905
c 39 § 1, part; 1889 p 405 § 15, part; RRS § 5272, part. (x)
1935 c 20 § 5, part; 1921 c 178 § 6, part; 1915 c 114 § 2,
part; 1913 c 58 § 7, part; RRS § 5306, part. (xi) 1854 p 67
(2002 Ed.)
Polling Place Regulations Before Polls Open
§ 16; No RRS. (xii) 1854 p 67 § 17, part; No RRS. (xiii)
1915 c 114 § 7, part; 1913 c 58 § 13, part; RRS § 5313,
part. (xiv) 1915 c 14 § 6, part; 1913 c 58 § 11, part; RRS
§ 5311, part. (xv) 1933 c 1 § 10, part; RRS § 5114-10, part.
(xvi) Code 1881 § 3093, part; RRS § 5338, part. (xvii)
1903 c 85 § 1, part; RRS § 3339, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.48.035 Additional supplies for paper ballots. In
precincts where votes are cast on paper ballots, the following
supplies, in addition to those specified in RCW 29.48.030 as
now or hereafter amended, shall be provided:
(1) Two tally books in which the names of the candidates shall be listed in the order in which they appear on the
sample ballots and in each case have the proper party
designation at the head thereof;
(2) Two certificates or two sample ballots prepared as
blanks, for recording of the unofficial results by the precinct
election officers. [1977 ex.s. c 361 § 82.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.48.045 Poll-site ballot counting devices. Whenever poll-site ballot counting devices are used, the devices may
either be included with the supplies required in RCW
29.48.030 or they may be delivered to the polling place
separately. All poll-site ballot counting devices must be
sealed with a unique numbered seal at the time of final
preparation and logic and accuracy testing. A log must be
made of all seal numbers and device numbers used. [1999
c 158 § 5.]
29.48.070 Inspection of voting equipment. Before
opening the polls for a precinct, the voting equipment shall
be inspected to determine if it has been properly prepared for
voting. If the voting equipment is capable of direct tabulation of each voter’s choices, the precinct election officers
shall verify that no votes have been registered for any issue
or office to be voted on at that primary or election. Any
ballot box shall be carefully examined by the judges of
election to determine that it is empty. The ballot box shall
then be sealed or locked. The ballot box shall not be opened
before the certification of the primary or election except in
the manner and for the purposes provided under this title.
[1990 c 59 § 37; 1965 c 9 § 29.48.070. Prior: 1854 p 67
§ 17, part; No RRS.]
Reviser’s note: As part of the 1965 reenactment of Title 29 RCW,
the phrase "except in the manner and for the purposes otherwise provided
by law" was added to harmonize with other sections. See, for example,
RCW 29.54.030 and 29.54.045.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.48.080 Initialization of counting devices. In
precincts where poll-site ballot counting devices are used the
election officers, before initializing the device for voting,
shall proceed as follows:
(2002 Ed.)
29.48.030
(1) They shall see that the device is placed where it can
be conveniently attended by the election officers and
conveniently operated by the voters;
(2) They shall see whether the number or other designating mark on the device’s seal agrees with the control
number provided by the elections department. If they do not
agree they shall at once notify the elections department and
delay initializing the device. The polls may be opened
pending reexamination of the device;
(3) If the numbers do agree, they shall proceed to
initialize the device and see whether the public counter
registers "000." If the counter is found to register a number
other than "000," one of the judges shall at once set the
counter at "000" and confirm that the ballot box is empty;
(4) Before processing any ballots through a poll-site
ballot counting device a zero report must be produced. The
inspector and at least one of the judges shall carefully verify
that zero ballots have been run through the poll-site ballot
counting device and that all vote totals for each office are
zero. If the totals are not zero, the inspector shall either
reset the device to zero or contact the elections department
to reset the device and allow voting to continue using the
auxiliary or emergency device. [1999 c 158 § 6; 1965 c 9
§ 29.48.080. Prior: 1957 c 195 § 7; prior: 1913 c 58 § 12,
part; RRS § 5312, part.]
29.48.090 Duty to display flag. At all primaries and
elections the flag of the United States shall be conspicuously
displayed in front of each polling place. [1965 c 9 §
29.48.090. Prior: 1921 c 68 § 1, part; RRS § 5320, part.]
29.48.100 Announcement opening the polls. The
precinct election officers, immediately before they start to
issue ballots or permit a voter to vote, shall announce at the
place of voting that the polls for that precinct are open.
[1990 c 59 § 38; 1965 c 9 § 29.48.100. Prior: Code 1881
§ 3077; 1865 p 34 § 2; RRS § 5321.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Opening and closing polls: RCW 29.13.080.
Chapter 29.51
POLLING PLACE REGULATIONS DURING
VOTING HOURS
Sections
29.51.010
29.51.020
29.51.030
29.51.050
29.51.060
29.51.070
29.51.100
29.51.115
29.51.125
29.51.150
29.51.155
29.51.173
29.51.175
29.51.180
29.51.185
Interference with voter prohibited.
Acts prohibited in vicinity of polling place—Prohibited
practices as to ballots—Penalty.
Electioneering by election officers forbidden—Penalty.
Issuing ballot to voter—Challenge.
Signature required to vote—Procedure if voter unable to
sign name.
Record of participation.
Casting vote.
Incorrectly marked ballots—Poll-site ballot counting devices.
Determination of who has and who has not voted.
Voting devices—Periodic examination.
Failure of poll-site ballot counting device.
Effect of term limitations on write-in voting.
Votes by stickers, printed labels, rejected.
Taking papers into voting booth.
Double voting prohibited.
[Title 29 RCW—page 65]
Chapter 29.51
Title 29 RCW: Elections
29.51.190
Official ballots—Vote only once—Incorrectly marked ballots.
29.51.200 Handicapped voters.
29.51.215 Handicapped voters—Penalty.
29.51.221 Refusing to leave voting booth—Penalty.
29.51.230 Unlawful acts by voters—Penalty.
29.51.240 Polls open continuously—Announcement of closing.
29.51.250 Voters in polling place at closing time.
Candidate giving or purchasing liquor during voting hours prohibited:
RCW 66.44.265.
Employer’s duty to provide time to vote: RCW 49.28.120.
Polling place regulations during voting hours and after closing: Chapter
29.54 RCW.
Subversive activities, disqualification from voting or holding office: RCW
9.81.040.
Violations and penalties for acts committed during voting hours: Chapter
29.85 RCW.
Voting systems, use of during voting hours: Chapter 29.33 RCW.
29.51.010 Interference with voter prohibited. No
person may interfere with a voter in any way within the
polling place. This does not prevent the voter from receiving assistance in preparing his or her ballot as provided in
RCW 29.51.200. [1990 c 59 § 39; 1965 c 9 § 29.51.010.
Prior: 1907 c 130 § 2, part; 1889 p 408 § 21, part; RRS §
5278, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.020 Acts prohibited in vicinity of polling
place—Prohibited practices as to ballots—Penalty. (1)
On the day of any primary or general or special election, no
person may, within a polling place, or in any public area
within three hundred feet of any entrance to such polling
place:
(a) Suggest or persuade or attempt to suggest or
persuade any voter to vote for or against any candidate or
ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
(d) Engage in any practice which interferes with the
freedom of voters to exercise their franchise or disrupts the
administration of the polling place.
(2) No person may obstruct the doors or entries to a
building in which a polling place is located or prevent free
access to and from any polling place. Any sheriff, deputy
sheriff, or municipal law enforcement officer shall prevent
such obstruction, and may arrest any person creating such
obstruction.
(3) No person may:
(a) Except as provided in RCW 29.54.037, remove any
ballot from the polling place before the closing of the polls;
or
(b) Solicit any voter to show his or her ballot.
(4) No person other than an inspector or judge of
election may receive from any voter a voted ballot or deliver
a blank ballot to such elector.
(5) Any violation of this section is a gross misdemeanor,
punishable to the same extent as a gross misdemeanor that
is punishable under RCW 9A.20.021, and the person
convicted may be ordered to pay the costs of prosecution.
[1991 c 81 § 20; 1990 c 59 § 75; 1984 c 35 § 1; 1983 1st
ex.s. c 33 § 1; 1965 c 9 § 29.51.020. Prior: (i) 1947 c 35
[Title 29 RCW—page 66]
§ 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298,
part. (ii) 1895 c 156 § 7, part; 1889 p 409 § 22, part; Code
1881 § 3079, part; 1865 p 34 § 4, part; RRS § 5279, part.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.030 Electioneering by election officers forbidden—Penalty. Any election officer who does any electioneering on primary or election day, shall be guilty of a
misdemeanor, and upon conviction shall be fined in any sum
not exceeding one hundred dollars and pay the costs of
prosecution. [1965 c 9 § 29.51.030. Prior: 1947 c 35 § 1,
part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part.]
29.51.050 Issuing ballot to voter—Challenge. A
voter desiring to vote shall give his or her name to the
precinct election officer who has the precinct list of registered voters. This officer shall announce the name to the
precinct election officer who has the copy of the poll book
for that precinct. If the right of this voter to participate in
the primary or election is not challenged, the voter shall be
issued a ballot or permitted to enter a voting booth or to
operate a voting device. The number of the ballot or the
voter shall be recorded by the precinct election officers. If
the right of the voter to participate is challenged, RCW
29.10.125 and 29.10.127 apply to that voter. [1990 c 59 §
40; 1965 c 9 § 29.51.050. Prior: (i) 1895 c 156 § 7, part;
1889 p 409 § 22, part; Code 1881 § 3079, part; 1865 p 34
§ 4, part; RRS § 5279, part. (ii) 1915 c 114 § 7, part; 1913
c 58 § 13, part; RRS § 5313, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.060 Signature required to vote—Procedure if
voter unable to sign name. If any person appears to vote
at any primary or election as a registered voter in the
jurisdiction where the primary or election is being held, the
precinct election officers shall require the voter to sign his
or her name and current address subject to penalties of
perjury in one of the precinct lists of registered voters. If
the person registered using a mark or can no longer sign his
or her name, the election officers shall require the person offering to vote to be identified by another registered voter.
As soon as it is determined that the person is qualified
to vote, one of the precinct election officers shall enter the
voter’s name in a second poll book. [1990 c 59 § 41; 1971
ex.s. c 202 § 41; 1967 ex.s. c 109 § 9; 1965 ex.s. c 156 § 5;
1965 c 9 § 29.51.060. Prior: 1933 c 1 § 24; RRS § 511424.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Forms, secretary of state to design—Availability to public: RCW 29.10.150.
Poll books—As public records—Copies furnished, uses restricted: RCW
29.04.100.
29.51.070 Record of participation. As each voter
casts his or her vote, the precinct election officers shall
insert in the poll books or precinct list of registered voters
opposite that voter’s name, a notation to credit the voter with
having participated in that primary or election. [1990 c 59
(2002 Ed.)
Polling Place Regulations During Voting Hours
§ 42; 1971 ex.s. c 202 § 42; 1965 c 9 § 29.51.070. Prior:
(i) 1895 c 156 § 7, part; 1889 p 409 § 22, part; Code 1881
§ 3079, part; 1865 p 34 § 4, part; RRS § 5279, part. (ii)
1933 c 1 § 25; RRS § 5114-25. (iii) 1915 c 114 § 7, part;
1913 c 58 § 13, part; RRS § 5313, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.100 Casting vote. On signing the precinct list
of registered voters or being issued a ballot, the voter shall,
without leaving the polling place, proceed to one of the
voting booths or voting devices to cast his or her vote. If
the voter was issued a ballot, he or she shall remove the
number from the ballot, place the ballot in the ballot box,
and return the number to the precinct election officers or
shall deliver it to the precinct election officers who shall
remove the number from the ballot and place the ballot in
the ballot box. [1990 c 59 § 43; 1988 c 181 § 4; 1965 ex.s.
c 101 § 15; 1965 c 9 § 29.51.100. Prior: (i) 1947 c 77 § 2,
part; 1895 c 156 § 8, part; 1889 p 409 § 23, part; Rem.
Supp. 1947 § 5288, part. (ii) 1889 p 410 § 24, part; RRS §
5289, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.115 Incorrectly marked ballots—Poll-site
ballot counting devices. Each poll-site ballot counting
device must be programmed to return all blank ballots and
overvoted ballots to the voter for private reexamination. The
election officer shall take whatever steps are necessary to
ensure that the secrecy of the ballot is maintained. The
precinct election officer shall provide information and
instruction on how to properly mark the ballot. The voter
may remark the original ballot, may request a new ballot
under RCW 29.51.190, or may choose to complete a special
ballot envelope and return the ballot as a special ballot.
[1999 c 158 § 7.]
29.51.125 Determination of who has and who has
not voted. At any election, general or special, or at any
primary, any political party or committee may designate a
person other than a precinct election officer, for each polling
place to check a list of registered voters of the precinct to
determine who has and who has not voted: PROVIDED,
That such lists shall be furnished by the party or committee
concerned. [1977 ex.s. c 361 § 83; 1965 c 9 § 29.51.125.
Prior: 1963 ex.s. c 24 § 1.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
"Major political party" defined: RCW 29.01.090.
Poll books—As public records—Copies to representatives of major political
parties: RCW 29.04.100.
29.51.150 Voting devices—Periodic examination.
The precinct election officers shall periodically examine the
voting devices to determine if they have been tampered with.
[1990 c 59 § 45; 1965 c 9 § 29.51.150. Prior: 1915 c 114
§ 7, part; 1913 c 58 § 13, part; RRS § 5313, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
(2002 Ed.)
29.51.070
29.51.155 Failure of poll-site ballot counting device.
If a poll-site ballot counting device fails to operate at any
time during polling hours, voting must continue, and the
ballots must be deposited for later tabulation in a secure
ballot compartment separate from the tabulated ballots.
[1999 c 158 § 8.]
29.51.173 Effect of term limitations on write-in
voting. Nothing in RCW 43.01.015, 44.04.015, 29.68.015,
or 29.68.016 prohibits a qualified voter of this state from
casting a ballot for any person by writing the name of that
person on the ballot in accordance with *RCW 29.51.170 or
from having such a ballot counted or tabulated, nor does
anything in RCW 43.01.015, 44.04.015, 29.68.015, or
29.68.016 prohibit a person from standing or campaigning
for an elective office by means of a write-in campaign.
[1993 c 1 § 6 (Initiative Measure No. 573, approved November 3, 1992).]
*Reviser’s note: RCW 29.51.170 was recodified as RCW 29.62.180
pursuant to 1995 c 158 § 3.
Preamble—Severability—1993 c 1 (Initiative Measure No. 573):
See notes following RCW 43.01.015.
29.51.175 Votes by stickers, printed labels, rejected.
Votes cast by stickers or printed labels are not valid for any
purpose and shall be rejected. Votes cast by sticker or label
shall not affect the validity of other offices or issues on the
voter’s ballot. [1990 c 59 § 46; 1965 ex.s. c 101 § 16.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.180 Taking papers into voting booth. Any
voter may take into the voting booth or voting device any
printed or written material to assist in casting his or her vote.
The voter shall not use this material to electioneer and shall
remove the material when he or she leaves the polls. [1990
c 59 § 47; 1965 c 9 § 29.51.180. Prior: 1905 c 39 § 1,
part; 1889 p 405 § 15, part; RRS § 5272, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.185 Double voting prohibited. A registered
voter shall not be allowed to vote in the precinct in which he
or she is registered at any election or primary for which that
voter has cast an absentee ballot. A registered voter who
has requested an absentee ballot for a primary or special or
general election but chooses to vote at the voter’s precinct
polling place in that primary or election shall cast a ballot in
the manner prescribed by RCW 29.10.127 for challenged
ballots. The canvassing board shall not count the ballot if it
finds that the voter has also voted by absentee ballot in that
primary or election. [1987 c 346 § 13; 1965 c 9 §
29.36.050. Prior: 1955 c 167 § 6; prior: 1933 ex.s. c 41 §
4; 1921 c 143 § 5; RRS § 5284. Formerly RCW 29.36.050.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29.36.210.
29.51.190 Official ballots—Vote only once—
Incorrectly marked ballots. No ballots may be used in any
polling place other than those prepared by the county
auditor. No voter is entitled to vote more than once at a
[Title 29 RCW—page 67]
29.51.190
Title 29 RCW: Elections
primary or a general or special election, except that if a
voter incorrectly marks a ballot, he or she may return it and
be issued a new ballot. The precinct election officers shall
void the incorrectly marked ballot and return it to the county
auditor. [1990 c 59 § 48; 1965 c 9 § 29.51.190. Prior: (i)
1889 p 410 § 25; RRS § 5290. (ii) 1935 c 26 § 3, part;
1921 c 177 § 1, part; 1919 c 163 § 15, part; 1917 c 71 § 2,
part; 1909 c 82 § 4, part; 1907 c 209 § 12, part; RRS §
5189, part. (iii) 1895 c 156 § 7, part; 1889 p 409 § 22, part;
Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS § 5279,
part. (iv) 1915 c 114 § 7, part; 1913 c 58 § 13, part; RRS
§ 5313, part. (v) 1905 c 39 § 1, part; 1889 p 405 § 15, part;
RRS § 5272, part.]
A violation of any provision of this section shall be a
misdemeanor, punishable by a fine not exceeding one
hundred dollars, plus costs of prosecution. [1965 c 9 §
29.51.230. Prior: 1947 c 35 § 1, part; 1889 p 412 § 33,
part; Rem. Supp. 1947 § 5298, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Opening and closing polls: RCW 29.13.080.
29.51.200 Handicapped voters. Voting shall be
secret except to the extent necessary to assist sensory or
physically handicapped voters.
If any voter declares in the presence of the election
officers that because of sensory or physical handicap he is
unable to register or record his vote, he may designate a
person of his choice or two election officers from opposite
political parties to enter the voting machine booth with him
and record his vote as he directs. [1981 c 34 § 1; 1965 ex.s.
c 101 § 17; 1965 c 9 § 29.51.200. Prior: (i) 1915 c 114 §
7, part; 1913 c 58 § 13, part; RRS § 5313, part. (ii) 1947 c
35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 §
5298, part. Former law: 1901 c 135 § 6; 1889 p 410 § 26.]
Handicapped persons, accessibility of polling places: Chapter 29.57 RCW.
29.51.215 Handicapped voters—Penalty. Any
person violating any provision of RCW 29.51.200, as now or
hereafter amended, shall be punished as for a misdemeanor.
[1981 c 34 § 2; 1965 c 9 § 29.51.215. Prior: 1935 c 100 §
2; RRS § 5291-2. Formerly RCW 29.85.250.]
29.51.221 Refusing to leave voting booth—Penalty.
Deliberately impeding other voters from casting their votes
by refusing to leave a voting booth or voting device is a
misdemeanor and is subject to the penalties provided in
chapter 9A.20 RCW. The precinct election officers may
provide assistance in the manner provided by RCW
29.51.200 to any voter who requests it. [1990 c 59 § 49.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.51.230 Unlawful acts by voters—Penalty. It shall
be unlawful for a voter to:
(1) Show his ballot after it is marked to any person in
such a way as to reveal the contents thereof or the name of
any candidate for whom he has marked his vote;
(2) Receive a ballot from any person other than the
election officer having charge of the ballots;
(3) Vote or offer to vote any ballot except one that he
has received from the election officer having charge of the
ballots;
(4) Place any mark upon his ballot by which it may
afterward be identified as the one voted by him;
(5) Fail to return to the election officers any ballot he
received from an election officer.
[Title 29 RCW—page 68]
29.51.240 Polls open continuously—Announcement
of closing. The polls for a precinct shall remain open
continuously until the time specified under RCW 29.13.080.
At that time, the precinct election officers shall announce
that the polls for that precinct are closed. [1990 c 59 § 50;
1965 c 9 § 29.51.240. Prior: 1919 c 163 § 16, part; 1907
c 209 § 17, part; RRS § 5194, part.]
29.51.250 Voters in polling place at closing time. If
at the time of closing the polls, there are any voters in the
polling place who have not voted, they shall be allowed to
vote after the polls have been closed. [1990 c 59 § 51; 1965
c 9 § 29.51.250. Prior: 1919 c 163 § 16, part; 1907 c 209
§ 17, part; RRS § 5194, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Opening and closing polls: RCW 29.13.080.
Chapter 29.54
POLLING PLACE REGULATIONS DURING
VOTING HOURS AND AFTER CLOSING
Sections
29.54.010
29.54.015
29.54.018
29.54.025
Unused ballots.
Duties of election officers immediately upon closing.
Tabulation of paper ballots before close of polls.
Counting center, direction and observation of proceedings—
Manual count of certain precincts.
29.54.037 Ballot pick up, delivery, and transportation.
29.54.042 Tabulation continuous.
29.54.050 Rejection of ballots or parts—Write-in votes.
29.54.060 Questions on legality of ballot—Preservation and return.
29.54.075 Ballot containers, sealing, opening.
29.54.085 Counting ballots—Official returns.
29.54.093 Poll-site ballot counting devices—Memory packs.
29.54.097 Poll-site ballot counting devices—Results.
29.54.105 Returns, precinct and cumulative—Delivery to canvassing
board.
29.54.121 Sealing of voting devices—Exceptions.
29.54.170 Voting systems—Maintenance of documents.
Polling place regulations during voting hours: Chapter 29.51 RCW.
Return of registration files after election: RCW 29.07.180.
Violations and penalties for acts during voting hours and after closing:
Chapter 29.85 RCW.
29.54.010 Unused ballots. At each precinct immediately after the last qualified voter has cast his or her vote,
the precinct election officers shall identify and seal all
unused ballots for that precinct and seal them in a container
to be returned to the county auditor. [1990 c 59 § 52; 1977
ex.s. c 361 § 84; 1965 ex.s. c 101 § 6; 1965 c 9 §
29.54.010. Prior: 1893 c 91 § 2; RRS § 5332.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
(2002 Ed.)
Polling Place Regulations During Voting Hours and After Closing
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.54.015 Duties of election officers immediately
upon closing. Immediately after the close of the polls and
the completion of voting, the precinct election officers shall
count the number of voted ballots and make a record of any
discrepancy between this number and the number of voters
who signed the poll book for that precinct or polling place,
complete the certifications in the poll book, prepare the
ballots for transfer to the counting center if necessary, and
seal the voting devices. [1990 c 59 § 53.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.54.018 Tabulation of paper ballots before close
of polls. (1) Paper ballots may be tabulated at the precinct
polling place before the closing of the polls under rules
adopted by the secretary of state. The tabulation of ballots,
paper or otherwise, shall be open to the public, but no
persons except those employed and authorized by the county
auditor may touch a ballot card or ballot container or operate
vote tallying equipment.
(2) The results of the tabulation of paper ballots at the
polls shall be delivered to the county auditor as soon as the
tabulation is complete. [1990 c 59 § 54.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Divulging ballot count: RCW 29.85.225.
29.54.025 Counting center, direction and observation of proceedings—Manual count of certain precincts.
(1) The counting center in a county using voting systems
shall be under the direction of the county auditor and shall
be observed by one representative from each major political
party, if representatives have been appointed by the respective major political parties and these representatives are
present while the counting center is operating. The proceedings shall be open to the public, but no persons except those
employed and authorized by the county auditor may touch
any ballot or ballot container or operate a vote tallying
system.
(2) In counties in which ballots are not counted at the
polling place, the political party observers, upon mutual
agreement, may request that a precinct be selected at random
on receipt of the ballots from the polling place and that a
manual count be made of the number of ballots and of the
votes cast on any office or issue. The ballots for that
precinct shall then be counted by the vote tallying system,
and this result shall be compared to the results of the manual
count. This may be done as many as three times during the
tabulation of ballots on the day of the primary or election.
(3) In counties using poll-site ballot counting devices,
the political party observers, upon mutual agreement, may
choose as many as three precincts and request that a manual
count be made of the number of ballots and the votes cast on
any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site
ballot counting device. These selections must be made no
later than thirty minutes after the close of the polls. The
manual count must be completed within forty-eight hours
after the close of the polls. The process must take place at
(2002 Ed.)
29.54.010
a location designated by the county auditor for that purpose.
The political party observers must receive timely notice of
the time and location, and have the right to be present.
However, the process must proceed as scheduled if the
observers are unable to attend. [1999 c 158 § 9; 1990 c 59
§ 30; 1977 ex.s. c 361 § 71. Formerly RCW 29.34.153.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.54.037 Ballot pick up, delivery, and transportation. (1) At the direction of the county auditor, a team or
teams composed of a representative of at least two major
political parties shall stop at designated polling places and
pick up the sealed containers of voted, untallied ballots for
delivery to the counting center. There may be more than
one delivery from each polling place. Two precinct election
officials, representing two major political parties, shall seal
the voted ballots in containers furnished by the county
auditor and properly identified with his or her address with
uniquely prenumbered seals.
(2) At the counting center or the collection stations
where the sealed ballot containers are delivered by the
designated representatives of the major political parties, the
county auditor or a designated representative of the county
auditor shall receive the sealed ballot containers, record the
time, date, precinct name or number, and seal number of
each ballot container. [1999 c 158 § 10; 1990 c 59 § 31;
1977 ex.s. c 361 § 72. Formerly RCW 29.34.157.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.54.042 Tabulation continuous. Except as provided by rule under RCW 29.04.210, on the day of the primary
or election, the tabulation of ballots at the polling place or at
the counting center shall proceed without interruption or
adjournment until all of the ballots cast at the polls at that
primary or election have been tabulated. [1990 c 59 § 58.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.54.050 Rejection of ballots or parts—Write-in
votes. A ballot is invalid and no votes on that ballot may be
counted if it is found folded together with another ballot or
it is marked so as to identify the voter.
Those parts of a ballot are invalid and no votes may be
counted for those issues or offices where more votes are cast
for the office or issue than are permitted by law; write-in
votes do not contain all of the information required under
RCW 29.62.180; or that issue or office is not marked with
sufficient definiteness to determine the voter’s choice or
intention. No write-in vote may be rejected due to a
variation in the form of the name if the election board or the
canvassing board can determine the issue for or against
which or the person and the office for which the voter
intended to vote. [1999 c 158 § 13; 1999 c 157 § 4; 1990
c 59 § 56; 1977 ex.s. c 361 § 88; 1973 1st ex.s. c 121 § 2;
1965 ex.s. c 101 § 11; 1965 c 9 § 29.54.050. Prior: (i)
Code 1881 § 3091; 1865 p 38 § 2; RRS § 5336. (ii) 1895
[Title 29 RCW—page 69]
29.54.050
Title 29 RCW: Elections
c 156 § 10; 1889 p 411 § 29; RRS § 5294. (iii) 1905 c 39
§ 1, part; 1889 p 405 § 15, part; RRS § 5272, part. (iv)
1895 c 156 § 11, part; 1886 p 128 § 1, part; Code 1881 §
3079, part; 1865 p 34 § 4, part; RRS § 5323, part.]
full record of the additional tabulation or examination made
of the ballots. This record shall be added to any other
record of the canvassing process in that county. [1999 c 158
§ 14; 1990 c 59 § 59.]
Reviser’s note: This section was amended by 1999 c 157 § 4 and by
1999 c 158 § 13, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.54.060 Questions on legality of ballot—
Preservation and return. Whenever the precinct election
officers or the counting center personnel have a question
about the validity of a ballot or the votes for an office or
issue that they are unable to resolve, they shall prepare and
sign a concise record of the facts in question or dispute.
These ballots shall be delivered to the canvassing board for
processing. All ballots shall be preserved in the same
manner as valid ballots for that primary or election. [1990
c 59 § 57; 1977 ex.s. c 361 § 89; 1965 c 9 § 29.54.060.
Prior: Code 1881 § 3080, part; 1865 p 34 § 5, part; RRS §
5324, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.54.075 Ballot containers, sealing, opening.
Immediately after their tabulation, all ballots counted at a
ballot counting center must be sealed in containers that
identify the primary or election and be retained for at least
sixty days. All ballots tallied by poll-site ballot counting
devices must be returned to the elections department in
sealed ballot containers on election day. Counties composed
entirely of islands or portions of counties composed of
islands shall collect the ballots within twenty-four hours of
the close of the polls.
Ballots tabulated in poll-site ballot counting devices
must be sealed by two of the election precinct officers at the
polling place, and a log of the seal and the names of the
people sealing the container must be completed. One copy
of this log must be retained by the inspector, one copy must
be placed in the ballot transfer case, and one copy must be
transported with the ballots to the elections department,
where the seal number must be verified by the county
auditor or a designated representative. Ballots may be
transported by one election employee if the container is
sealed at the poll and then verified when returned to the
elections department. Auditors using poll-site ballot counting devices may conduct early pickup of counted ballots on
election day.
In the presence of major party observers who are
available, ballots may be removed from the sealed containers
at the elections department and consolidated into one sealed
container for storage purposes. The containers may only be
opened by the canvassing board as part of the canvass, or to
conduct recounts, or under RCW 29.54.025(3), or by order
of the superior court in a contest or election dispute. If the
canvassing board opens a ballot container, it shall make a
[Title 29 RCW—page 70]
29.54.085 Counting ballots—Official returns. (1)
The ballots picked up from the precincts during the polling
hours may be counted only at the counting center before the
polls have closed. Election returns from the count of these
ballots must be held in secrecy until the polls have been
closed as provided by RCW 29.54.018.
(2) Upon breaking the seals and opening the ballot
containers from the precincts, all voted ballots shall be
manually inspected for damage, write-in votes, and incorrect
or incomplete marks. If it is found that any ballot is
damaged so that it cannot properly be counted by the vote
tallying system, a true duplicate copy shall be made of the
damaged ballot in the presence of witnesses and substituted
for the damaged ballot. All damaged ballots shall be kept by
the county auditor until sixty days after the primary or
election.
(3) The returns produced by the vote tallying system, to
which have been added the counts of questioned ballots,
write-in votes, and absentee votes, constitute the official
returns of the primary or election in that county. [1999 c
158 § 15; 1990 c 59 § 33; 1977 ex.s. c 361 § 74. Formerly
RCW 29.34.167.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.54.093 Poll-site ballot counting devices—Memory
packs. The programmed memory pack for each poll-site
ballot counting device must be sealed into the device during
final preparation and logic and accuracy testing. Except in
the case of a device breakdown, the memory pack must
remain sealed in the device until after the polls have closed
and all reports and telephonic or electronic transfer of results
are completed. After all reporting is complete the precinct
election officers responsible for transferring the sealed voted
ballots under RCW 29.54.075 shall ensure that the memory
pack is returned to the elections department. If the entire
poll-site ballot counting device is returned, the memory pack
must remain sealed in the device. If the poll-site ballot
counting device is to remain at the polling place, the precinct
election officer shall break the seal on the device and
remove the memory pack and seal and return it along with
the irregularly voted ballots and special ballots to the
elections department on election day. [1999 c 158 § 11.]
29.54.097 Poll-site ballot counting devices—Results.
After the close of the polls, counties employing poll-site
ballot counting devices may telephonically or electronically
transmit the accumulated tally for each device to a central
reporting location. Before making a telephonic or electronic
transmission the precinct election officer must create a
printed record of the results of the election for that poll site.
During the canvassing period the results transmitted tele(2002 Ed.)
Polling Place Regulations During Voting Hours and After Closing
phonically or electronically must be considered unofficial
until a complete reconciliation of the results has been
performed. This reconciliation may be accomplished by a
direct loading of the results from the memory pack into the
central accumulator, or a comparison of the report produced
at the poll site on election night with the results received by
the central accumulating device. [1999 c 158 § 12.]
29.54.105 Returns, precinct and cumulative—
Delivery to canvassing board. The county auditor shall
produce cumulative and precinct returns for each primary
and election and deliver them to the canvassing board for
verification and certification. The precinct and cumulative
returns of any primary or election are public records under
chapter 42.17 RCW. [1990 c 59 § 60.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.54.121 Sealing of voting devices—Exceptions.
Except for reopening to make a recanvass, the registering
mechanism of each mechanical voting device used in any
primary or election shall remain sealed until ten days after
the completion of the canvass of that primary or election in
that county. Except where provided by a rule adopted under
RCW 29.04.210, voting devices used in a primary or election
shall remain sealed until ten days after the completion of the
canvass of that primary or election in that county. [1990 c
59 § 24; 1965 c 9 § 29.33.230. Prior: 1917 c 7 § 1, part;
1913 c 58 § 15, part; RRS § 5315, part. Formerly RCW
29.33.230.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.54.170 Voting systems—Maintenance of documents. In counties using voting systems, the county auditor
shall maintain the following documents for at least sixty
days after the primary or election:
(1) Sample ballot formats together with a record of the
format or formats assigned to each precinct;
(2) All programming material related to the control of
the vote tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the
tabulating equipment as required by RCW 29.33.350. [1990
c 59 § 61; 1977 ex.s. c 361 § 94.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Chapter 29.57
ACCESSIBILITY OF POLLING PLACES AND
REGISTRATION FACILITIES
(Formerly: Polling places—Accessibility for
handicapped persons)
Sections
29.57.010
29.57.040
29.57.050
29.57.070
29.57.090
29.57.100
(2002 Ed.)
Intent—Duties of county auditors.
Public buildings used as polling places—Conditions.
Review by and recommendations of disabled voters.
Inaccessible polling places—Auditors’ list.
Alternative polling places or procedures.
Polling places—Accessibility required, exceptions.
29.54.097
29.57.130 Voting and registration instructions and information.
29.57.140 County auditor—Public notice of availability of services.
29.57.150 County auditors—Notice of accessibility.
29.57.160 Costs for modifications—Alternatives—Election costs.
29.57.170 Implementing rules.
Handicapped voters: RCW 29.51.200, 29.51.215.
29.57.010 Intent—Duties of county auditors. The
intent of this chapter is to require state and local election
officials to designate and use polling places in all elections
and permanent registration locations which are accessible to
elderly and handicapped persons. County auditors shall:
(1) Make modifications such as installation of temporary
ramps or relocation of polling places within buildings, where
appropriate;
(2) Designate new, accessible polling places to replace
those that are inaccessible; and
(3) Continue to use polling places and voter registration
locations which are accessible to elderly and handicapped
persons. [1999 c 298 § 13; 1985 c 205 § 1; 1979 ex.s. c 64
§ 1.]
29.57.040 Public buildings used as polling places—
Conditions. Each state agency and entity of local government shall permit the use of any of its buildings and the
most suitable locations therein as polling places when
required by a county auditor to provide accessible places in
each precinct. [1979 ex.s. c 64 § 4.]
29.57.050 Review by and recommendations of
disabled voters. County auditors shall, as feasible, solicit
and use the assistance of disabled voters in reviewing sites
and recommending inexpensive remedies to improve accessibility. [1979 ex.s. c 64 § 5.]
29.57.070 Inaccessible polling places—Auditors’ list.
No later than April 1st of each even-numbered year, each
county auditor shall submit to the secretary of state a list
showing the number of polling places in the county and
specifying any that have been found inaccessible. The
auditor shall indicate the reasons for inaccessibility, and what
efforts have been made pursuant to this chapter to locate
alternative polling places or to make the existing facilities
temporarily accessible.
If a county auditor’s list shows, for two consecutive
reporting periods, that no polling places have been found
inaccessible, the auditor need not submit further reports
unless the secretary of state specifically reinstates the
requirement for that county. Notice of reinstatement must be
in writing and delivered at least sixty days before the
reporting date. [1999 c 298 § 14; 1985 c 205 § 3.]
Effective dates—1985 c 205: "(1) Sections 1, 2, and 13 of this act
are necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) Sections 15 and 16 of this act shall take effect as provided by
Article II, section 1(c) of the state Constitution.
(3) Sections 3 through 12 and 14 of this act shall take effect on
January 1, 1986." [1985 c 205 § 18.]
29.57.090 Alternative polling places or procedures.
The secretary of state shall establish procedures to assure
that, in any primary or election, any handicapped or elderly
[Title 29 RCW—page 71]
29.57.090
Title 29 RCW: Elections
voter assigned to an inaccessible polling place will, upon
advance request of that voter, either be permitted to vote at
an alternative accessible polling place not overly inconvenient to that voter or be provided with an alternative means
of casting a ballot on the day of the primary or election.
The county auditor shall make any accommodations in
voting procedures necessary to allow the use of alternative
polling places by elderly or handicapped voters under this
section. [1999 c 298 § 15; 1985 c 205 § 5.]
(2) The cost of those modifications to buildings or other
facilities, including signs designating handicapped accessible
parking and entrances, that are necessary to permit the use
of those facilities for polling places under this chapter or any
procedures established under RCW 29.57.090 shall be treated
as election costs and prorated under RCW 29.13.045. [1999
c 298 § 20; 1985 c 205 § 12.]
Effective dates—1985 c 205: See note following RCW 29.57.070.
29.57.170 Implementing rules. The secretary of state
shall adopt rules to facilitate the implementation of this
chapter. [1985 c 205 § 13.]
29.57.100 Polling places—Accessibility required,
exceptions. Each polling place must be accessible unless:
(1) The county auditor has determined that it is inaccessible, that no alternative accessible polling place is available,
that no temporary modification of that polling place or any
alternative polling place is possible, and that the county
auditor has complied with the procedures established under
RCW 29.57.090; or
(2) The secretary of state determines that a state of
emergency exists that would otherwise interfere with the
efficient administration of the primary or election. [1999 c
298 § 16; 1985 c 205 § 6.]
Effective dates—1985 c 205: See note following RCW 29.57.070.
29.57.130 Voting and registration instructions and
information. (1) Each county auditor shall provide voting
and registration instructions, printed in large type, to be
conspicuously displayed at each polling place and permanent
registration facility.
(2) The county auditor shall make information available
for deaf persons throughout the state by telecommunications.
[1999 c 298 § 17; 1985 c 205 § 9.]
Effective dates—1985 c 205: See note following RCW 29.57.070.
29.57.140 County auditor—Public notice of availability of services. The county auditor shall provide public
notice of the availability of registration and voting aids,
assistance to elderly and handicapped persons, and procedures for voting by absentee ballot calculated to reach
elderly and handicapped persons not later than public notice
of the closing of registration for a primary or election.
[1999 c 298 § 18; 1985 c 205 § 10.]
Effective dates—1985 c 205: See note following RCW 29.57.070.
29.57.150 County auditors—Notice of accessibility.
Each county auditor shall include a notice of the accessibility
of polling places in the notice of election published under
RCW 29.27.030 and 29.27.080. [1999 c 298 § 19; 1985 c
205 § 11.]
Effective dates—1985 c 205: See note following RCW 29.57.070.
29.57.160 Costs for modifications—Alternatives—
Election costs. (1) County auditors shall seek alternative
polling places or other low-cost alternatives including, but
not limited to, procedural changes and assistance from local
disabled groups, service organizations, and other private
sources before incurring costs for modifications under this
chapter.
[Title 29 RCW—page 72]
Effective dates—1985 c 205: See note following RCW 29.57.070.
Chapter 29.60
ADMINISTRATION OF ELECTIONS
Sections
29.60.010
29.60.020
29.60.030
29.60.040
29.60.050
29.60.060
29.60.070
29.60.080
29.60.090
Election administration and certification board—Generally.
Powers and duties of board.
Duties of secretary of state.
Training of election administrators.
Denial of certification—Review and appeal.
Election review section.
Review of county election procedures.
Powers and duties of county auditor and review staff.
Election assistance and clearinghouse program.
29.60.010 Election administration and certification
board—Generally. (1) The Washington state election
administration and certification board is established and has
the responsibilities and authorities prescribed by this chapter.
The board is composed of the following members:
(a) The secretary of state or the secretary’s designee;
(b) The state director of elections or the director’s
designee;
(c) Four county auditors appointed by the Washington
state association of county auditors or their alternates who
are county auditors designated by the association to serve as
such alternates, each appointee and alternate to serve at the
pleasure of the association;
(d) One member from each of the two largest political
party caucuses of the house of representatives designated by
and serving at the pleasure of the legislative leader of the
respective caucus;
(e) One member from each of the two largest political
party caucuses of the senate designated by and serving at the
pleasure of the legislative leader of the respective caucus;
and
(f) One representative from each major political party,
as defined by RCW 29.01.090, designated by and serving at
the pleasure of the chair of the party’s state central committee.
(2) The board shall elect a chair from among its
number; however, neither the secretary of state nor the state
director of elections nor their designees may serve as the
chair of the board. A majority of the members appointed to
the board constitutes a quorum for conducting the business
of the board. Chapter 42.30 RCW, the open public meetings
act, and RCW 42.32.030 regarding minutes of meetings,
apply to the meetings of the board.
(3) Members of the board shall serve without compensation. The secretary of state shall reimburse members of the
(2002 Ed.)
Administration of Elections
board, other than those who are members of the legislature,
for travel expenses in accordance with RCW 43.03.050 and
43.03.060. Members of the board who are members of the
legislature shall be reimbursed as provided in chapter 44.04
RCW. [1992 c 163 § 3.]
29.60.020 Powers and duties of board. (1) The
secretary of state and the board created in RCW 29.60.010
shall jointly adopt rules, in the manner specified for the
adoption of rules under the administrative procedure act,
chapter 34.05 RCW, governing:
(a) The training of persons officially designated by
major political parties as elections observers under this title,
and the training and certification of election administration
officials and personnel;
(b) The policies and procedures for conducting election
reviews under RCW 29.60.070; and
(c) The policies and standards to be used by the board
in reviewing and rendering decisions regarding appeals filed
under RCW 29.60.070.
The initial policies and standards adopted under (c) of
this subsection shall be adopted concurrently with adoption
of the initial policies and procedures adopted under (b) of
this subsection.
(2) The board created in RCW 29.60.010 shall review
appeals filed under RCW 29.60.050 or 29.60.070. A
decision of the board regarding such an appeal shall be
supported by not less than a majority of the members
appointed to the board. A decision of the board regarding
an appeal filed under RCW 29.60.070 concerning an election
review conducted under that section is final. If a decision of
the board regarding an appeal filed under RCW 29.60.050
includes a recommendation that a certificate be issued, the
certificate shall be issued by the secretary of state as
recommended by the board.
(3) The board created in RCW 29.60.010 may adopt
rules governing its procedures. [1992 c 163 § 4.]
29.60.030 Duties of secretary of state. The secretary
of state shall:
(1) Establish and operate, or provide by contract,
training and certification programs for state and county
elections administration officials and personnel, including
training on the various types of election law violations and
discrimination, and training programs for political party
observers which conform to the rules for such programs
established under RCW 29.60.020;
(2) Administer tests for state and county officials and
personnel who have received such training and issue certificates to those who have successfully completed the training
and passed such tests;
(3) Maintain a record of those individuals who have
received such training and certificates; and
(4) Provide the staffing and support services required by
the board created under RCW 29.60.010. [2001 c 41 § 11;
1992 c 163 § 5.]
Effective date—1992 c 163 §§ 5-13: "Sections 5 through 13 of this
act shall take effect July 1, 1993." [1992 c 163 § 15.]
29.60.040 Training of election administrators. A
person having responsibility for the administration or
(2002 Ed.)
29.60.010
conduct of elections, other than precinct election officers,
shall, within eighteen months of undertaking those responsibilities or within eighteen months of July 1, 1993, whichever is later, receive general training regarding the conduct
of elections and specific training regarding their responsibilities and duties as prescribed by this title or by rules adopted
by the secretary of state under this title. Included among
those persons for whom such training is mandatory are the
following:
(1) Secretary of state elections division personnel;
(2) County elections administrators under RCW
36.22.220;
(3) County canvassing board members;
(4) Persons officially designated by each major political
party as elections observers; and
(5) Any other person or group charged with election
administration responsibilities if the person or group is
designated by rule adopted by the secretary of state as
requiring the training.
The secretary of state shall reimburse election observers
in accordance with RCW 43.03.050 and 43.03.060 for travel
expenses incurred to receive training required under subsection (4) of this section.
Neither this section nor RCW 29.60.030 may be
construed as requiring an elected official to receive training
or a certificate of training as a condition for seeking or
holding elective office or as a condition for carrying out
constitutional duties. [1992 c 163 § 6.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
29.60.050 Denial of certification—Review and
appeal. (1) A decision of the secretary of state to deny
certification under RCW 29.60.030 shall be entered in the
manner specified for orders under the administrative procedure act, chapter 34.05 RCW. Such a decision shall not be
effective for a period of twenty days following the date of
the decision, during which time the person denied certification may file a petition with the secretary of state requesting
the secretary to reconsider the decision and to grant certification. The petitioner shall include, in the petition, an explanation of the reasons why the initial decision is incorrect and
certification should be granted, and may include a request
for a hearing on the matter. The secretary of state shall
reconsider the matter if the petition is filed in a proper and
timely manner. If a hearing is requested, the secretary of
state shall conduct the hearing within sixty days after the
date on which the petition is filed. The secretary of state
shall render a final decision on the matter within ninety days
after the date on which the petition is filed.
(2) Within twenty days after the date on which the
secretary of state makes a final decision denying a petition
under this section, the petitioner may appeal the denial to the
board created in RCW 29.60.010. In deciding appeals, the
board shall restrict its review to the record established when
the matter was before the secretary of state. The board shall
affirm the decision if it finds that the record supports the
decision and that the decision is not inconsistent with other
decisions of the secretary of state in which the same standards were applied and certification was granted. Similarly,
the board shall reverse the decision and recommend to the
secretary of state that certification be granted if the board
[Title 29 RCW—page 73]
29.60.050
Title 29 RCW: Elections
finds that such support is lacking or that such inconsistency
exists.
(3) Judicial review of certification decisions shall be as
prescribed under RCW 34.05.510 through 34.05.598, but
shall be limited to the review of board decisions denying
certification. [1992 c 163 § 7.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
29.60.060 Election review section. An election
review section is established in the elections division of the
office of the secretary of state. Permanent staff of the
elections division, trained and certified as required by RCW
29.60.040, shall perform the election review functions prescribed by RCW 29.60.070. The staff may also be required
to assist in training, certification, and other duties as may be
assigned by the secretary of state to ensure the uniform and
orderly conduct of elections in this state. [1992 c 163 § 8.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
29.60.070 Review of county election procedures.
(1)(a) The election review staff of the office of the secretary
of state shall conduct a review of election-related policies,
procedures, and practices in an affected county or counties:
(i) If the unofficial returns of a primary or general
election for a position in the state legislature indicate that a
mandatory recount is likely for that position; or
(ii) If unofficial returns indicate a mandatory recount is
likely in a statewide election or an election for federal office.
Reviews conducted under (ii) of this subsection shall be
performed in as many selected counties as time and staffing
permit. Reviews conducted as a result of mandatory
recounts shall be performed between the time the unofficial
returns are complete and the time the recount is to take
place, if possible.
(b) In addition to conducting reviews under (a) of this
subsection, the election review staff shall also conduct such
a review in a county periodically, in conjunction with a
county primary or special or general election, at the direction
of the secretary of state or at the request of the county
auditor. If any resident of this state believes that an aspect
of a primary or election has been conducted inappropriately
in a county, the resident may file a complaint with the
secretary of state. The secretary shall consider such complaints in scheduling periodic reviews under this section.
(c) Before an election review is conducted in a county,
the secretary of state shall provide the county auditor of the
affected county and the chair of the state central committee
of each major political party with notice that the review is to
be conducted. When a periodic review is to be conducted in
a county at the direction of the secretary of state under (b)
of this subsection, the secretary shall provide the affected
county auditor not less than thirty days’ notice.
(2) Reviews shall be conducted in conformance with
rules adopted under RCW 29.60.020. In performing a
review in a county under this chapter, the election review
staff shall evaluate the policies and procedures established
for conducting the primary or election in the county and the
practices of those conducting it. As part of the review, the
election review staff shall issue to the county auditor and the
[Title 29 RCW—page 74]
members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter
shall not include any evaluation, finding, or recommendation
regarding the validity of the outcome of a primary or
election or the validity of any canvass of returns nor does
the election review staff have any jurisdiction to make such
an evaluation, finding, or recommendation under this title.
(3) The county auditor of the county in which a review
is conducted under this section or a member of the canvassing board of the county may appeal the findings or recommendations of the election review staff regarding the review
by filing an appeal with the board created under RCW
29.60.010. [1997 c 284 § 1; 1992 c 163 § 9.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
29.60.080 Powers and duties of county auditor and
review staff. The county auditor may designate any person
who has been certified under this chapter, other than the
auditor, to participate in a review conducted in the county
under this chapter. Each county auditor and canvassing
board shall cooperate fully during an election review by
making available to the reviewing staff any material requested by the staff. The reviewing staff shall have full access to
ballot pages, absentee voting materials, any other election
material normally kept in a secure environment after the
election, and other requested material. If ballots are reviewed by the staff, they shall be reviewed in the presence
of the canvassing board or its designees. Ballots shall not
leave the custody of the canvassing board. During the
review and after its completion, the review staff may make
appropriate recommendations to the county auditor or
canvassing board, or both, to bring the county into compliance with the training required under this chapter, and the
laws or rules of the state of Washington, to safeguard
election material or to preserve the integrity of the elections
process. [1992 c 163 § 10.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
29.60.090 Election assistance and clearinghouse
program. The secretary of state shall establish within the
elections division an election assistance and clearinghouse
program, which shall provide regular communication
between the secretary of state, local election officials, and
major and minor political parties regarding newly enacted
elections legislation, relevant judicial decisions affecting the
administration of elections, and applicable attorney general
opinions, and which shall respond to inquiries from elections
administrators, political parties, and others regarding election
information. This section does not empower the secretary of
state to offer legal advice or opinions, but the secretary may
discuss the construction or interpretation of election law,
case law, or legal opinions from the attorney general or other
competent legal authority. [1992 c 163 § 11.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
(2002 Ed.)
Canvassing the Returns
Chapter 29.62
CANVASSING THE RETURNS
Sections
29.62.010
29.62.015
Rules for canvassing—Statement of returns—Resolving ties.
County canvassing board—Membership, delegation of authority, public meetings.
29.62.020 County canvassing board—Absentee ballots—Unofficial
returns.
29.62.030 Procedure when member a candidate.
29.62.040 County canvassing board—Canvassing procedure—Penalty.
29.62.050 Recanvass—Generally.
29.62.080 Tie votes in final election.
29.62.090 Abstract by election officer—Transmittal to secretary of
state.
29.62.100 Secretary of state—Primary returns—State offices, etc.
29.62.120 Secretary of state to canvass final returns—Scope.
29.62.130 Canvass of vote on statewide measures.
29.62.160 Vacancy in United States house of representatives, primary
to elect nominees—Canvass of—Certification of nominees.
29.62.170 United States constitutional amendment conventions—
Delegates—Ascertaining election result.
29.62.180 Write-in voting—Declaration of candidacy—Counting of
vote.
Absentee ballots
challenges, canvassing board’s power: RCW 29.36.350.
credit for voting—Retention of ballots: RCW 29.36.330.
processing of incoming ballots: RCW 29.36.310.
reporting of count: RCW 29.36.320.
Cemetery districts, formation of, election on, canvass: RCW 68.52.170.
Cities and towns
commission form of government, under, election on abandonment of,
canvass: RCW 35.17.450.
consolidation, canvass of votes on: RCW 35.10.240.
disincorporation, canvass of returns: RCW 35.07.080.
reduction of city limits, canvass of returns of election on: RCW
35.16.030.
Conduct of elections—Canvass: RCW 29.13.040.
Counties, bond elections, certification of votes—Canvass: RCW 39.40.030.
Fire protection district, election to form, declaration election results—
Resolution: RCW 52.02.110.
Irrigation district elections, canvass of: RCW 87.03.020 through 87.03.110.
Liquor, local option, election on, canvass: RCW 66.40.120.
Metropolitan park districts, bond elections, certification of votes—Canvass:
RCW 39.40.030.
Port districts, bond elections, certification of votes—Canvass: RCW
39.40.030.
Questions on legality of ballots, preservation and return: RCW 29.54.060.
Recall elections, ascertaining the result: RCW 29.82.140.
Reclamation districts of one million acres
election to authorize issuance of negotiable bonds of general improvement
or divisional district, canvass: RCW 89.30.538.
election to form, canvass: RCW 89.30.100.
Rejection of ballots or parts of ballots: RCW 29.54.050.
United States presidential electors, canvassing returns for: RCW 29.71.030.
Votes by stickers, printed label, rejected: RCW 29.51.175.
Water-sewer districts, withdrawal of territory from, election on, canvass:
RCW 57.28.100.
Write-in voting: RCW 29.62.180.
29.62.010 Rules for canvassing—Statement of
returns—Resolving ties. Every canvassing board or officer
responsible for canvassing and certifying the returns of any
primary or election shall:
(1) Adopt administrative rules to facilitate and govern
the canvassing process in that jurisdiction;
(2002 Ed.)
Chapter 29.62
(2) For each primary and election, prepare and sign a
statement of the returns for each office, candidate, and issue
voted on in that jurisdiction;
(3) If, at a partisan primary, two or more candidates of
the same party receive the greatest, and identical, number of
votes for an office, resolve the tie vote by lot;
(4) If, at a nonpartisan or judicial primary, two or more
candidates receive the second greatest, and identical, number
of votes for that office or position, resolve the tie vote by
lot. [1990 c 59 § 62; 1965 c 9 § 29.62.010. Prior: 1961 c
130 § 10; prior: (i) 1907 c 209 § 24, part; RRS § 5201,
part. (ii) Code 1881 § 3096, part; 1866 p 6 § 2, part; 1865
p 39 § 7, part; RRS § 5343, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.62.015 County canvassing board—Membership,
delegation of authority, public meetings. (1) The county
canvassing board consists of three members, designated in
writing and filed in the office of the county auditor not later
than the day before the first day duties are to be undertaken
by the board, as follows:
(a) The county auditor shall designate one member, who
shall be the auditor or a deputy auditor;
(b) The county prosecutor shall designate one member,
who shall be the prosecutor or a deputy prosecutor; and
(c) The chair of the county legislative authority shall
designate one member, who shall be a member of the county
legislative authority.
(2) The members designated to the county canvassing
board may not include individuals who are candidates for an
office to be voted upon at the primary or election to be
canvassed, unless no other individuals qualify under subsection (1) of this section.
(3) The county canvassing board may, under rules
adopted by the secretary of state, delegate in writing, or at
a public meeting, the performance of any task assigned by
law to the board. The rules shall not authorize delegation of
the responsibility of certifying the returns of a primary or
election, of determining the validity of challenged ballots, or
of determining the validity of special ballots referred to them
by the county auditor.
(4) Meetings of the county canvassing board are public
meetings under chapter 42.30 RCW. [1995 c 139 § 1.]
29.62.020 County canvassing board—Absentee
ballots—Unofficial returns. (1) At least every third day
after a special election, primary, or general election and before certification of the election results, except Sundays and
legal holidays, the county auditor shall convene the county
canvassing board or their designees to process absentee
ballots and canvass the votes cast at that special election,
primary, or general election, if the county auditor is in
possession of more than twenty-five ballots that have yet to
be canvassed. The county auditor may use his or her
discretion in determining when to convene the canvassing
board or their designees during the final four days before the
certification of election results in order to protect the secrecy
of any ballot.
Each absentee ballot previously not canvassed that was
received by the county auditor two days or more before the
[Title 29 RCW—page 75]
29.62.020
Title 29 RCW: Elections
convening of the canvassing board or their designees and
that either was received by the county auditor before the
closing of the polls on the day of the special election,
primary, or general election for which it was issued, or that
bears a date of mailing on or before the special election,
primary, or general election for which it was issued, must be
processed at that time. The tabulation of votes that results
from that day’s canvass must be made available to the
general public immediately upon completion of the canvass.
(2) On the tenth day after a special election or a primary
and on the fifteenth day after a general election, the canvassing board shall complete the canvass and certify the results.
Each absentee ballot that was returned before the closing of
the polls on the date of the primary or election for which it
was issued, and each absentee ballot with a date of mailing
on or before the date of the primary or election for which it
was issued and received on or before the date on which the
primary or election is certified, shall be included in the
canvass report.
(3) At the request of any caucus of the state legislature,
the county auditor shall transmit copies of all unofficial
returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the
secretary of the senate or the chief clerk of the house. [1999
c 259 § 4; 1995 c 139 § 2; 1987 c 54 § 2; 1965 c 9 §
29.62.020. Prior: 1957 c 195 § 15; prior: 1919 c 163 § 21,
part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39
§ 6, part; RRS § 5340, part.]
Absentee ballots, canvassing: RCW 29.36.310.
29.62.030 Procedure when member a candidate. If
the primary or election is one at which a member, or the
officer designating a member, of the canvassing board is a
candidate for an office, decisions regarding the determination
of a voter’s intent with respect to a vote cast for that specific
office shall be made by the other two members of the board
not designated by that officer. If the two disagree, the vote
shall not be counted unless the number of those votes could
affect the result of the primary or election, in which case the
secretary of state or a designee shall make the decision on
those votes. This section does not restrict participation in
decisions as to the acceptance or rejection of entire ballots,
unless the office in question is the only one for which the
voter cast a vote. [1995 c 139 § 3; 1965 c 9 § 29.62.030.
Prior: 1957 c 195 § 16; prior: (i) Code 1881 § 3098; 1865
p 39 § 8; RRS § 5345. (ii) 1919 c 163 § 21, part; Code
1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part;
RRS § 5340, part.]
29.62.040 County canvassing board—Canvassing
procedure—Penalty. Before canvassing the returns of a
primary or election, the chairman of the county legislative
authority shall administer an oath to the county auditor
attesting to the authenticity of the information presented to
the canvassing board. This oath must be signed by the
county auditor and filed with the returns of the primary or
election.
The county canvassing board shall proceed to verify the
results from the precincts and the absentee ballots. The
board shall execute a certificate of the results of the primary
or election signed by all members of the board. Failure to
[Title 29 RCW—page 76]
certify the returns, if they can be ascertained with reasonable
certainty, is a misdemeanor. [1990 c 59 § 63; 1965 c 9 §
29.62.040. Prior: 1957 c 195 § 17; prior: (i) 1919 c 163
§ 21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part;
1865 p 39 § 6, part; RRS § 5340, part. (ii) 1893 c 112 § 2;
RRS § 5342. (iii) 1903 c 85 § 1, part; Code 1881 § 3094,
part; 1865 p 38 § 4, part; RRS § 5339, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.62.050 Recanvass—Generally. Whenever the
canvassing board finds that there is an apparent discrepancy
or an inconsistency in the returns of a primary or election,
the board may recanvass the ballots or voting devices in any
precincts of the county. The canvassing board shall correct
any error and document the correction of any error that it
finds. [1990 c 59 § 64; 1965 c 9 § 29.62.050. Prior: 1951
c 193 § 1; 1917 c 7 § 1, part; 1913 c 58 § 15, part; RRS §
5315, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Voting systems: Chapter 29.33 RCW.
29.62.080 Tie votes in final election. If the requisite
number of any federal, state, county, city, district, or precinct
officers shall not be elected by reason of two or more
persons having an equal and highest number of votes for one
and the same office, the official empowered by state law to
issue the original certificate of election shall give notice to
the several persons so having the highest and equal number
of votes to attend at the appropriate office at the time to be
appointed by said official, who shall then and there proceed
publicly to decide by lot which of the persons so having an
equal number of votes shall be declared duly elected, and the
said official shall make out and deliver to the person thus
duly declared elected a certificate of his election as hereinbefore provided. [1965 c 9 § 29.62.080. Prior: 1961 c 130 §
13; prior: (i) Code 1881 § 3097; 1866 p 7 § 3; RRS § 5344.
(ii) Code 1881 § 3104; 1865 p 41 § 15; RRS § 5349.]
29.62.090 Abstract by election officer—Transmittal
to secretary of state. (1) Immediately after the official
results of a state primary or general election in a county are
ascertained, the county auditor or other election officer shall
make an abstract of the number of registered voters in each
precinct and of all the votes cast in the county at such state
primary or general election for and against state measures
and for each candidate for federal, state, and legislative
office or for any other office which the secretary of state is
required by law to canvass. The abstract must be entered on
blanks furnished by the secretary of state or on compatible
computer printouts approved by the secretary of state, and
the cumulative report of the election and a copy of the
certificate of the election transmitted to the secretary of state
immediately, through electronic means and mailed with the
abstract of votes no later than the next business day following the certification by the county canvassing board.
(2) After each general election, the county auditor or
other election officer shall provide to the secretary of state
a report of the number of absentee ballots cast in each
precinct for and against state measures and for each candi(2002 Ed.)
Canvassing the Returns
date for federal, state, and legislative office or for any other
office which the secretary of state is required by law to
canvass. The report may be included in the abstract required
by this section or may be transmitted to the secretary of state
separately, but in no event later than March 31st of the year
following the election. Absentee ballot results may be incorporated into votes cast at the polls for each precinct or may
be reported separately on a precinct-by-precinct basis.
(3) If absentee ballot results are not incorporated into
votes cast at the polls, the county auditor or other election
official may aggregate results from more than one precinct
if the auditor, pursuant to rules adopted by the secretary of
state, finds that reporting a single precinct’s absentee ballot
results would jeopardize the secrecy of a person’s ballot. To
the extent practicable, precincts for which absentee results
are aggregated must be contiguous. [2001 c 225 § 2; 1999
c 298 § 21; 1990 c 262 § 1; 1977 ex.s. c 361 § 96; 1965 c
9 § 29.62.090. Prior: (i) 1895 c 156 § 12; Code 1881 §
3101; 1865 p 40 § 12; RRS § 5346. (ii) Code 1881 § 3103;
1865 p 41 § 14; RRS § 5348.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.62.100 Secretary of state—Primary returns—
State offices, etc. The secretary of state shall, as soon as
possible but in any event not later than the third Tuesday
following the primary, canvass and certify the returns of all
primary elections as to candidates for state offices, United
States senators and representatives in congress, and all other
candidates whose district extends beyond the limits of a
single county. [1977 ex.s. c 361 § 97; 1965 c 9 § 29.62.100.
Prior: 1961 c 130 § 11; prior: 1907 c 209 § 24, part; RRS
§ 5201, part.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.62.120 Secretary of state to canvass final returns—Scope. As soon as the returns have been received
from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall make
a canvass of such of the returns as are not required to be
canvassed by the legislature and make out a statement
thereof, file it in his office and transmit a certified copy
thereof to the governor. [1965 c 9 § 29.62.120. Prior:
Code 1881 § 3100, part; No RRS.]
29.62.130 Canvass of vote on statewide measures.
The votes on proposed amendments to the state Constitution,
recommendations for the calling of constitutional conventions and other questions submitted to the people shall be
counted, canvassed and returned by the regular precinct
election officers and by the county auditors and canvassing
boards in the manner provided by law for counting, canvassing and returning votes for candidates for state offices.
It shall be the duty of the secretary of state in the presence
of the governor, within thirty days after any such election, to
canvass the votes upon each question and certify to the
governor the result thereof, and the governor shall forthwith
issue his proclamation giving the whole number of votes cast
in the state for and against such measure and declaring the
result: PROVIDED, That if the vote cast upon an initiative
(2002 Ed.)
29.62.090
or referendum measure is equal to less than one-third of the
total vote cast at the election, the governor shall proclaim the
measure to have failed for that reason. [1965 c 9 §
29.62.130. Prior: (i) 1913 c 138 § 30; RRS § 5426. (ii)
1917 c 23 § 1; RRS § 5341.]
29.62.160 Vacancy in United States house of
representatives, primary to elect nominees—Canvass of—
Certification of nominees. See RCW 29.68.120.
29.62.170 United States constitutional amendment
conventions—Delegates—Ascertaining election result.
See RCW 29.74.100.
29.62.180 Write-in voting—Declaration of candidacy—Counting of vote. (1) For any office at any election or
primary, any voter may write in on the ballot the name of
any person for an office who has filed as a write-in candidate for the office in the manner provided by RCW
29.04.180 and such vote shall be counted the same as if the
name had been printed on the ballot and marked by the
voter. No write-in vote made for any person who has not
filed a declaration of candidacy pursuant to RCW 29.04.180
is valid if that person filed for the same office, either as a
regular candidate or a write-in candidate, at the preceding
primary. Any abbreviation used to designate office, position,
or political party shall be accepted if the canvassing board
can determine, to their satisfaction, the voter’s intent.
(2) The number of write-in votes cast for each office
must be recorded and reported with the canvass for the
election.
(3) Write-in votes cast for an individual candidate for an
office need not be tallied if the total number of write-in
votes cast for the office is not greater than the number of
votes cast for the candidate apparently nominated or elected,
and the write-in votes could not have altered the outcome of
the primary or election. In the case of write-in votes for
statewide office or for any office whose jurisdiction encompasses more than one county, write-in votes for an individual
candidate must be tallied whenever the county auditor is
notified by either the office of the secretary of state or
another auditor in a multicounty jurisdiction that it appears
that the write-in votes could alter the outcome of the primary
or election.
(4) In the case of statewide offices or jurisdictions that
encompass more than one county, if the total number of
write-in votes cast for an office within a county is greater
than the number of votes cast for a candidate apparently
nominated or elected in a primary or election, the auditor
shall tally all write-in votes for individual candidates for that
office and notify the office of the secretary of state and the
auditors of the other counties within the jurisdiction, that the
write-in votes for individual candidates should be tallied.
[1999 c 157 § 3; 1995 c 158 § 2; 1988 c 181 § 5; 1973 1st
ex.s. c 121 § 1; 1967 ex.s. c 109 § 28; 1965 ex.s. c 101 §
14; 1965 c 9 § 29.51.170. Prior: (i) 1931 c 14 § 1; 1909 c
82 § 12; RRS § 5213. (ii) 1933 c 85 § 2; RRS § 5213-2.
(iii) 1905 c 39 § 1, part; 1889 p 405 § 15, part; RRS § 5272,
part. Formerly RCW 29.51.170.]
[Title 29 RCW—page 77]
Chapter 29.64
Title 29 RCW: Elections
Chapter 29.64
STATUTORY RECOUNTS
Sections
29.64.010
29.64.015
29.64.020
29.64.030
29.64.035
29.64.040
29.64.051
29.64.060
29.64.070
29.64.080
29.64.090
29.64.900
Application for recount—Requirements—Application of
chapter.
Mandatory recount.
Deposit of fees—Notice—Public proceeding.
Recounting the votes—Observers—Request to stop.
Partial recount requiring complete recount.
Amended abstracts.
Limitation on recounts.
Expenses of recount—Charges.
Rules.
Statewide measures—Mandatory recount—Cost at state
expense.
Statewide measures—Mandatory recount—Funds for additional expenses.
Short title—Construction.
29.64.010 Application for recount—Requirements—
Application of chapter. An officer of a political party or
any person for whom votes were cast in a primary who was
not declared nominated may file a written application for a
recount of the votes or a portion of the votes cast at that
primary for all persons for whom votes were cast for
nomination to that office.
An officer of a political party or any person for whom
votes were cast at any election may file a written application
for a recount of the votes or a portion of the votes cast at
that election for all candidates for election to that office.
Any group of five or more registered voters may file a
written application for a recount of the votes or a portion of
the votes cast upon any question or issue. They shall
designate one of the members of the group as chairman and
shall indicate the voting residence of each member of the
group.
An application for a recount of the votes cast for an
office or on a ballot measure must be filed with the officer
with whom filings are made for the jurisdiction.
An application for a recount must specify whether the
recount will be done manually or by the vote tally system.
A recount done by the vote tally system must use programming that recounts and reports only the office or ballot
measure in question. The county shall also provide for a test
of the logic and accuracy of that program.
An application for a recount shall be filed within three
business days after the county canvassing board or secretary
of state has declared the official results of the primary or
election for the office or issue for which the recount is
requested.
This chapter applies to the recounting of votes cast by
paper ballots and to the recounting of votes recorded on
ballots counted by a vote tally system. [2001 c 225 § 3;
1987 c 54 § 3; 1977 ex.s. c 361 § 98; 1965 c 9 § 29.64.010.
Prior: 1963 ex.s. c 25 § 1; 1961 c 50 § 1; 1955 c 215 § 1.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.64.015 Mandatory recount. (1) If the official
canvass of all of the returns for any office at any primary or
election reveals that the difference in the number of votes
cast for a candidate apparently nominated or elected to any
office and the number of votes cast for the closest apparently
[Title 29 RCW—page 78]
defeated opponent is less than two thousand votes and also
less than one-half of one percent of the total number of votes
cast for both candidates, the county canvassing board shall
conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of
votes cast for candidates for a position the declaration of
candidacy for which was filed with the secretary of state, the
secretary of state shall, within three business days of the day
that the returns of the primary or election are first certified
by the canvassing boards of those counties, direct those
boards to recount all votes cast on the position.
(b) If the difference in the number of votes cast for the
apparent winner and the closest apparently defeated opponent
is less than one hundred fifty votes and also less than onefourth of one percent of the total number of votes cast for
both candidates, the votes shall be recounted manually or as
provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the
manner provided by RCW 29.64.020, 29.64.030, and
29.64.040. No cost of a mandatory recount may be charged
to any candidate.
(3) The apparent winner and closest apparently defeated
opponent for an office for which a manual recount is
required under subsection (1)(b) of this section may select an
alternative method of conducting the recount. To select such
an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election
official for the office. The recount shall be conducted using
the alternative method if: It is suited to the balloting system
that was used for casting the votes for the office; it involves
the use of a vote tallying system that is approved for use in
this state by the secretary of state; and the vote tallying
system is readily available in each county required to
conduct the recount. If more than one balloting system was
used in casting votes for the office, an alternative to a
manual recount may be selected for each system. [2001 c
225 § 4; 1993 c 377 § 1; 1991 c 90 § 2; 1987 c 54 § 4;
1965 c 9 § 29.64.015. Prior: 1963 ex.s. c 25 § 2.]
Finding, purpose—1991 c 90: "The legislature finds that it is in the
public interest to determine the winner of close contests for elective offices
as expeditiously and as accurately as possible. It is the purpose of this act
to provide procedures which promote the prompt and accurate recounting
of votes for elective offices and which provide closure to the recount
process." [1991 c 90 § 1.]
29.64.020 Deposit of fees—Notice—Public proceeding. An application for a recount shall state the office for
which a recount is requested and whether the request is for
all or only a portion of the votes cast in that jurisdiction of
that office. The person filing an application for a manual
recount shall, at the same time, deposit with the county
canvassing board or secretary of state, in cash or by certified
check, a sum equal to twenty-five cents for each ballot cast
in the jurisdiction or portion of the jurisdiction for which the
recount is requested as security for the payment of any costs
of conducting the recount. If the application is for a
machine recount, the deposit must be equal to fifteen cents
for each ballot. These charges shall be determined by the
county canvassing board or boards under RCW 29.64.060.
The county canvassing board shall determine a time and
a place or places at which the recount will be conducted.
This time shall be less than three business days after the day
(2002 Ed.)
Statutory Recounts
upon which: The application was filed with the board; the
request for a recount or directive ordering a recount was
received by the board from the secretary of state; or the
returns are certified which indicate that a recount is required
under RCW 29.64.015 for an issue or office voted upon only
within the county. Not less than two days before the date of
the recount, the county auditor shall mail a notice of the time
and place of the recount to the applicant or affected parties
and, if the recount involves an office, to any person for
whom votes were cast for that office. The county auditor
shall also notify the affected parties by either telephone, fax,
e-mail, or other electronic means at the time of mailing. At
least three attempts must be made over a two-day period to
notify the affected parties or until the affected parties have
received the notification. Each attempt to notify affected
parties must request a return response indicating that the
notice has been received. Each person entitled to receive
notice of the recount may attend, witness the recount, and be
accompanied by counsel.
Proceedings of the canvassing board are public under
chapter 42.30 RCW. Subject to reasonable and equitable
guidelines adopted by the canvassing board, all interested
persons may attend and witness a recount. [2001 c 225 § 5;
1991 c 81 § 36; 1987 c 54 § 5; 1977 ex.s. c 361 § 99; 1965
c 9 § 29.64.020. Prior: 1961 c 50 § 2; 1955 c 215 § 2.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.64.030 Recounting the votes—Observers—
Request to stop. (1) At the time and place established for
a recount, the canvassing board or its duly authorized
representatives, in the presence of all witnesses who may be
in attendance, shall open the sealed containers containing the
ballots to be recounted, and shall recount the votes for the
offices or issues for which the recount has been ordered.
Ballots shall be handled only by the members of the canvassing board or their duly authorized representatives.
Witnesses shall be permitted to observe the ballots and
the process of tabulating the votes, but they shall not be
permitted to handle the ballots. The canvassing board shall
not permit the tabulation of votes for any nomination,
election, or issue other than the ones for which a recount
was applied for or required.
(2) At any time before the ballots from all of the
precincts listed in the application for the recount have been
recounted, the applicant may file with the board a written
request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons
representing both sides of an issue that is being recounted.
The observers may not make a record of the names, addresses, or other information on the ballots, poll books, or
applications for absentee ballots unless authorized by the
superior court. The secretary of state or county auditor may
limit the number of observers to not less than two on each
side if, in his or her opinion, a greater number would cause
undue delay or disruption of the recount process. [2001 c
225 § 6; 1991 c 81 § 37; 1990 c 59 § 65; 1965 c 9 §
29.64.030. Prior: 1961 c 50 § 3; 1955 c 215 § 3.]
29.64.020
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.64.035 Partial recount requiring complete
recount. When a partial recount of votes cast for an office
or issue changes the result of the election, the canvassing
board or the secretary of state, if the office or issue is being
recounted at his or her direction, shall order a complete
recount of all ballots cast for the office or issue for the
jurisdiction in question.
This recount will be conducted in a manner consistent
with RCW 29.64.015. [2001 c 225 § 7.]
29.64.040 Amended abstracts. Upon completion of
the canvass of a recount, the canvassing board shall prepare
and certify an amended abstract showing the votes cast in
each precinct for which the recount was conducted. Copies
of the amended abstracts must be transmitted to the same
officers who received the abstract on which the recount was
based.
If the nomination, election, or issue for which the
recount was conducted was submitted only to the voters of
a county, the canvassing board shall file the amended abstract with the original results of that election or primary.
If the nomination, election, or issue for which a recount
was conducted was submitted to the voters of more than one
county, the secretary of state shall canvass the amended
abstracts and shall file an amended abstract with the original
results of that election. An amended abstract certified under
this section supersedes any prior abstract of the results for
the same offices or issues at the same primary or election.
[2001 c 225 § 8; 1990 c 59 § 66; 1965 c 9 § 29.64.040.
Prior: 1955 c 215 § 4.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.64.051 Limitation on recounts. After the original
count, canvass, and certification of results, the votes cast in
any single precinct may not be recounted and the results
recertified more than twice. [2001 c 225 § 9; 1991 c 90 §
3.]
Finding, purpose—1991 c 90: See note following RCW 29.64.015.
29.64.060 Expenses of recount—Charges. The
canvassing board shall determine the expenses for conducting a recount of votes.
The cost of the recount shall be deducted from the
amount deposited by the applicant for the recount at the time
of filing the request for the recount, and the balance shall be
returned to the applicant. If the costs of the recount exceed
the deposit, the applicant shall pay the difference. No
charges may be deducted by the canvassing board from the
deposit for a recount if the recount changes the result of the
nomination or election for which the recount was ordered.
[2001 c 225 § 10; 1990 c 59 § 68; 1977 ex.s. c 361 § 100;
1965 c 9 § 29.64.060. Prior: 1955 c 215 § 6.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Effective date—1991 c 81: See note following RCW 29.85.010.
(2002 Ed.)
[Title 29 RCW—page 79]
29.64.070
Title 29 RCW: Elections
29.64.070 Rules. The secretary of state, as chief
election officer, shall adopt rules in accordance with chapter
34.05 RCW to facilitate and clarify procedures contained in
this chapter. [1991 c 81 § 38; 1965 c 9 § 29.64.070. Prior:
1955 c 215 § 7.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.64.080 Statewide measures—Mandatory recount—Cost at state expense. When the official canvass
of returns of any election reveals that the difference in the
number of votes cast for the approval of a statewide measure
and the number of votes cast for the rejection of such
measure is less than two thousand votes and also less than
one-half of one percent of the total number of votes cast on
such measure, the secretary of state shall direct that a
recount of all votes cast on such measure be made on such
measure, in the manner provided by RCW 29.64.030 and
29.64.040, and the cost of such recount will be at state
expense. [2001 c 225 § 11; 1973 c 82 § 1.]
29.64.090 Statewide measures—Mandatory recount—Funds for additional expenses. Each county
auditor shall file with the secretary of state a statement
listing only the additional expenses incurred whenever a
mandatory recount of the votes cast on a state measure is
made as provided in RCW 29.64.080. The secretary of state
shall include in his biennial budget request a provision for
sufficient funds to carry out the provisions of this section.
Payments hereunder shall be from appropriations specifically
provided for such purpose by law. [1977 ex.s. c 144 § 5;
1973 c 82 § 2.]
29.64.900 Short title—Construction. This chapter
shall be known as the statutory recount act and shall in no
way affect or supersede the election contest statutes as
contained in chapter 29.65 RCW. [1965 c 9 § 29.64.900.
Prior: 1955 c 215 § 8.]
Chapter 29.65
CONTESTS
Sections
29.65.010
29.65.020
Commencement by registered voter—Causes for.
Affidavit of error or omission—Time for filing—Contents—
Witnesses.
29.65.040 Hearing date—Issuance of citation—Service.
29.65.050 Witnesses to attend—Hearing of contest—Judgment.
29.65.055 Costs, how awarded.
29.65.060 Misconduct of board—Irregularity must be material to result.
29.65.070 Misconduct of board—Number of votes affected—Enough
to change result.
29.65.080 Illegal votes—Allegation of in statement of contest.
29.65.090 Illegal votes—List required for testimony.
29.65.100 Illegal votes—Number of votes affected—Enough to change
result.
29.65.120 Nullification of election certificate—When effective.
Contest of election of member of state legislature: RCW 44.04.100.
Statutory recount act not to affect or supersede election contest statutes:
RCW 29.64.900.
any person declared elected to an office to be issued a
certificate of election for any of the following causes:
(1) For misconduct on the part of any member of any
precinct election board involved therein;
(2) Because the person whose right is being contested
was not at the time he was declared elected eligible to that
office;
(3) Because the person whose right is being contested
was previous to the election convicted of a felony by a court
of competent jurisdiction, his conviction not having been
reversed nor his civil rights restored after the conviction;
(4) Because the person whose right is being contested
gave a bribe or reward to a voter or to an inspector or judge
of election for the purpose of procuring his election, or
offered to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the
following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article
VI, section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly
registered voters who were not properly challenged pursuant
to RCW 29.10.125 and 29.10.127.
All election contests shall proceed under RCW
29.04.030. [1983 1st ex.s. c 30 § 6; 1977 ex.s. c 361 § 101;
1965 c 9 § 29.65.010. Prior: 1959 c 329 § 26; prior: (i)
Code 1881 § 3105; 1865 p 42 § 1; RRS § 5366. (ii) Code
1881 § 3109; 1865 p 43 § 5; RRS § 5370.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29.10.097.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29.65.020 Affidavit of error or omission—Time for
filing—Contents—Witnesses. An affidavit of an elector
with respect to RCW 29.04.030(6) must be filed with the
appropriate court no later than ten days following the
issuance of a certificate of election and shall set forth
specifically:
(1) The name of the contestant and that he is a registered voter in the county, district or precinct, as the case may
be, in which the office is to be exercised;
(2) The name of the person whose right is being
contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest shall be dismissed for want of
form if the particular causes of contest are alleged with
sufficient certainty. The person charged with the error or
omission shall be given the opportunity to call any witness,
including the candidate to whom he has issued or intends to
issue the certificate of election. [1977 ex.s. c 361 § 102;
1965 c 9 § 29.65.020. Prior: (i) Code 1881 § 3110; 1865
p 43 § 6; RRS § 5371. (ii) Code 1881 § 3112; 1865 p 44
§ 8; RRS § 5373.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.65.010 Commencement by registered voter—
Causes for. Any registered voter may contest the right of
[Title 29 RCW—page 80]
(2002 Ed.)
Contests
29.65.040 Hearing date—Issuance of citation—
Service. Upon such affidavit being filed, it shall be the duty
of the clerk to inform the judge of the appropriate court,
who may give notice, and order a session of the court to be
held at the usual place of holding said court, on some day to
be named by him, not less than ten nor more than twenty
days from the date of such notice, to hear and determine
such contested election: PROVIDED, That if no session be
called for the purpose, such contest shall be determined at
the first regular session of court after such statement is filed.
The clerk of the court shall also at the time issue a
citation for the person charged with the error or omission, to
appear at the time and place specified in the notice, which
citation shall be delivered to the sheriff and be served upon
the party in person; or if he cannot be found, by leaving a
copy thereof at the house where he last resided. [1977 ex.s.
c 361 § 103; 1965 c 9 § 29.65.040. Prior: (i) Code 1881 §
3113; 1865 p 44 § 9; RRS § 5374. (ii) Code 1881 § 3114;
1865 p 45 § 10; RRS § 5375.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.65.050 Witnesses to attend—Hearing of contest—Judgment. The clerk shall issue subpoenas for
witnesses in such contested election at the request of either
party, which shall be served by the sheriff or constable, as
other subpoenas, and the superior court shall have full power
to issue attachments to compel the attendance of witnesses
who shall have been duly subpoenaed to attend if they fail
to do so.
The court shall meet at the time and place designated to
determine such contested election by the rules of law and
evidence governing the determination of questions of law
and fact, so far as the same may be applicable, and may
dismiss the proceedings if the statement of the cause or
causes of contest is insufficient, or for want of prosecution.
After hearing the proofs and allegations of the parties, the
court shall pronounce judgment in the premises, either
confirming or annulling and setting aside such election,
according to the law and right of the case.
If in any such case it shall appear that another person
than the one returned has the highest number of legal votes,
said court shall declare such person duly elected. [1965 c 9
§ 29.65.050. Prior: (i) Code 1881 § 3115; 1865 p 45 § 11;
RRS § 5376. (ii) Code 1881 § 3116; 1865 p 45 § 12; RRS
§ 5377. (iii) Code 1881 § 3117; 1865 p 45 § 13; RRS §
5378. FORMER PARTS OF SECTION: (i) Code 1881 §
3119; 1865 p 45 § 15; RRS § 5379, now codified in RCW
29.65.055. (ii) Code 1881 § 3120; 1865 p 45 § 16; RRS §
5380, now codified in RCW 29.65.055.]
29.65.055 Costs, how awarded. If the proceedings
are dismissed for insufficiency, want of prosecution, or the
election is by the court confirmed, judgment shall be
rendered against the party contesting such election for costs,
in favor of the party charged with error or omission.
If such election is annulled and set aside, judgment for
costs shall be rendered against the party charged with the
error or omission and in favor of the party alleging the same.
[1977 ex.s. c 361 § 104; 1965 c 9 § 29.65.055. Prior: (i)
Code 1881 § 3119; 1865 p 45 § 15; RRS § 5379; formerly
(2002 Ed.)
29.65.040
RCW 29.65.050, part. (ii) Code 1881 § 3120; 1865 p 45 §
16; RRS § 5380, formerly RCW 29.65.050, part.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.65.060 Misconduct of board—Irregularity must
be material to result. No irregularity or improper conduct
in the proceedings of any election board or any member
thereof shall amount to such malconduct as to annul or set
aside any election unless the irregularity or improper conduct
was such as to procure the person whose right to the office
may be contested, to be declared duly elected although he
did not receive the highest number of legal votes. [1965 c
9 § 29.65.060. Prior: Code 1881 § 3106; 1865 p 43 § 2;
RRS § 5367.]
29.65.070 Misconduct of board—Number of votes
affected—Enough to change result. When any election for
an office exercised in and for a county is contested on
account of any malconduct on the part of any election board,
or any member thereof, the election shall not be annulled
and set aside upon any proof thereof, unless the rejection of
the vote of such precinct or precincts will change the result
as to such office in the remaining vote of the county. [1965
c 9 § 29.65.070. Prior: Code 1881 § 3107; 1865 p 43 § 3;
RRS § 5368.]
29.65.080 Illegal votes—Allegation of in statement
of contest. When the reception of illegal votes is alleged as
a cause of contest, it shall be sufficient to state generally that
illegal votes were cast, which, if given to the person whose
election is contested in the specified precinct or precincts,
will, if taken from him, reduce the number of his legal votes
below the number of legal votes given to some other person
for the same office. [1965 c 9 § 29.65.080. Prior: Code
1881 § 3111, part; 1865 p 44 § 7, part; RRS § 5372, part.]
29.65.090 Illegal votes—List required for testimony.
No testimony shall be received as to any illegal votes unless
the party contesting the election delivers to the opposite
party, at least three days before trial, a written list of the
number of illegal votes and by whom given, which he
intends to prove on such trial. No testimony shall be
received as to any illegal votes, except as to such as are
specified in the list. [1965 c 9 § 29.65.090. Prior: Code
1881 § 3111, part; 1865 p 44 § 7, part; RRS § 5372, part.]
29.65.100 Illegal votes—Number of votes affected—
Enough to change result. No election shall be set aside on
account of illegal votes, unless it appears that an amount of
illegal votes has been given to the person whose right is
being contested, which, if taken from him, would reduce the
number of his legal votes below the number of votes given
to some other person for the same office, after deducting
therefrom the illegal votes which may be shown to have
been given to such other person. [1965 c 9 § 29.65.100.
Prior: Code 1881 § 3108; 1865 p 43 § 4; RRS § 5369.]
29.65.120 Nullification of election certificate—When
effective. If an election is set aside by the judgment of the
[Title 29 RCW—page 81]
29.65.120
Title 29 RCW: Elections
superior court and if no appeal is taken therefrom within ten
days, the certificate issued shall be thereby rendered void.
[1965 c 9 § 29.65.120. Prior: Code 1881 § 3123, part;
1865 p 46 § 19, part; RRS § 5382, part.]
Chapter 29.68
UNITED STATES CONGRESSIONAL ELECTIONS
Sections
29.68.015
29.68.016
29.68.070
29.68.080
29.68.100
29.68.120
29.68.130
United States house of representatives—Term limits.
United States senate—Term limits.
Vacancy in senatorship—Filling.
Vacancy in congress—Special election.
Vacancy in congress—Notices of special primary and special election.
Vacancy in congress—Canvass of primary and special vacancy election—Certification of nominees.
Vacancy in congress—General, primary election laws to
apply—Time deadlines, modifications.
29.68.015 United States house of representatives—
Term limits. No person is eligible to appear on the ballot
or file a declaration of candidacy for the United States house
of representatives who, by the end of the then current term
of office will have served, or but for resignation would have
served, as a member of the United States house of representatives during six of the previous twelve years. [1993 c
1 § 4 (Initiative Measure No. 573, approved November 3,
1992).]
Contingent effective date—1993 c 1 (Initiative Measure No. 573):
"RCW 29.68.015 and 29.68.016, regarding candidates for federal legislative
office, are not effective until nine states other than Washington have passed
laws limiting ballot access or terms of federal legislative office, or both,
based on length of service in federal legislative office." [1993 c 1 § 8
(Initiative Measure No. 573, approved November 3, 1992).]
Preamble—Severability—1993 c 1 (Initiative Measure No. 573):
See notes following RCW 43.01.015.
29.68.016 United States senate—Term limits. No
person is eligible to appear on the ballot or file a declaration
of candidacy for the United States senate who, by the end of
the then current term of office will have served, or but for
resignation would have served, as a member of the United
States senate during twelve of the previous eighteen years.
[1993 c 1 § 5 (Initiative Measure No. 573, approved November 3, 1992).]
Contingent effective date—1993 c 1 (Initiative Measure No. 573):
See note following RCW 29.68.015.
Preamble—Severability—1993 c 1 (Initiative Measure No. 573):
See notes following RCW 43.01.015.
29.68.070 Vacancy in senatorship—Filling. When
a vacancy occurs in the representation of this state in the
senate of the United States, the governor shall make a
temporary appointment to that office until the people fill the
vacancy by election as provided in this chapter. [1985 c 45
§ 3; 1965 c 9 § 29.68.070. Prior: 1921 c 33 § 1; RRS §
3798.]
Legislative intent—1985 c 45: See note following RCW 29.13.047.
Special procedures for primary for United States senate vacancy in 1983:
Chapter 1, Laws of 1983 3rd ex. sess. (uncodified).
Vacancies in public office, how caused: RCW 42.12.010.
[Title 29 RCW—page 82]
29.68.080 Vacancy in congress—Special election.
(1) Whenever a vacancy occurs in the office of United States
representative or United States senator from this state or any
congressional district of this state, the governor shall order
a special election to fill the vacancy.
(2) Within ten days of such vacancy occurring, he or
she shall issue a writ of election fixing a date for the special
vacancy election not less than ninety days after the issuance
of the writ, fixing a date for the primary for nominating
candidates for the special vacancy election not less than
thirty days before the day fixed for holding the special
vacancy election, fixing the dates for the special filing
period, and designating the term or part of the term for
which the vacancy exists. If the vacancy is in the office of
United States representative, the writ of election shall specify
the congressional district that is vacant.
(3) If the vacancy occurs less than six months before a
state general election and before the second Friday following
the close of the filing period for that general election, the
special primary and special vacancy elections shall be held
in concert with the state primary and state general election
in that year.
(4) If the vacancy occurs on or after the first day for
filing under RCW 29.15.020 and on or before the second
Friday following the close of the filing period, a special
filing period of three normal business days shall be fixed by
the governor and notice thereof given to all media, including
press, radio, and television within the area in which the
vacancy election is to be held, to the end that, insofar as
possible, all interested persons will be aware of such filing
period. The last day of the filing period shall not be later
than the third Tuesday before the primary at which candidates are to be nominated. The names of candidates who
have filed valid declarations of candidacy during this threeday period shall appear on the approaching primary ballot.
(5) If the vacancy occurs later than the second Friday
following the close of the filing period, a special primary
and special vacancy election to fill the position shall be held
after the next state general election but, in any event, no
later than the ninetieth day following the November election.
(6) As used in this chapter, "county" means, in the case
of a vacancy in the office of United States senator, any or all
of the counties in the state and, in the case of a vacancy in
the office of United States representative, only those counties
wholly or partly within the congressional district in which
the vacancy has occurred. [1990 c 59 § 105; 1985 c 45 § 4;
1973 2nd ex.s. c 36 § 3; 1965 c 9 § 29.68.080. Prior: 1915
c 60 § 1; 1909 ex.s. c 25 § 1; RRS § 3799.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Legislative intent—1985 c 45: See note following RCW 29.13.047.
Vacancies in public office, how caused: RCW 42.12.010.
29.68.100 Vacancy in congress—Notices of special
primary and special election. After calling a special
primary and special vacancy election to fill a vacancy in the
office of United States representative or United States
senator from this state, the governor shall immediately notify
the secretary of state who shall, in turn, immediately notify
the county auditor of each county wholly or partly within
which the vacancy exists.
(2002 Ed.)
United States Congressional Elections
Each county auditor shall publish notices of the special
primary and the special vacancy election at least once in any
legal newspaper published in the county, as provided by
RCW 29.27.030 and 29.27.080 respectively. [1985 c 45 §
5; 1973 2nd ex.s. c 36 § 5; 1965 c 9 § 29.68.100. Prior:
1909 ex.s. c 25 § 2, part; RRS § 3800, part.]
Legislative intent—1985 c 45: See note following RCW 29.13.047.
29.68.120 Vacancy in congress—Canvass of primary and special vacancy election—Certification of nominees. (1) The canvass of the votes cast at a special primary
for a United States representative or senator shall be completed in each county within ten days after the primary. The
returns shall be transmitted immediately to the secretary of
state, who shall certify the returns in the manner provided by
RCW 29.62.100. As soon as possible after the canvass, the
secretary of state shall certify the names of the nominees to
the county auditors.
(2) The canvass of the votes cast at a special vacancy
election for a United States representative or senator shall be
completed in each county within fifteen days after the
vacancy election. The returns shall be transmitted immediately to the secretary of state, who shall certify the returns
in the manner provided in RCW 29.62.120. [1985 c 45 § 6;
1983 c 3 § 46; 1973 2nd ex.s. c 36 § 7; 1965 c 9 §
29.68.120. Prior: 1909 ex.s. c 25 § 3, part; RRS § 3801,
part.]
Legislative intent—1985 c 45: See note following RCW 29.13.047.
29.68.130 Vacancy in congress—General, primary
election laws to apply—Time deadlines, modifications.
The general election laws and laws relating to partisan
primaries shall apply to the special primaries and vacancy
elections provided for in RCW 29.68.080 through 29.68.120
to the extent that they are not inconsistent with the provisions of these sections. Statutory time deadlines relating to
availability of absentee ballots, certification, canvassing, and
related procedures that cannot be met in a timely fashion
may be modified for the purposes of a specific primary or
vacancy election under this chapter by the secretary of state
through emergency rules adopted under RCW 29.04.080.
[1985 c 45 § 7; 1965 c 9 § 29.68.130. Prior: 1909 ex.s. c
25 § 4; RRS § 3802.]
Legislative intent—1985 c 45: See note following RCW 29.13.047.
Chapter 29.69C
CONGRESSIONAL DISTRICTS
AND APPORTIONMENT
Reviser’s note: The following material represents the congressional
portion of the redistricting plan filed with the legislature by the Washington
State Redistricting Commission on January 2, 2002. For state legislative
districts, see chapter 44.07D RCW.
WASHINGTON STATE REDISTRICTING COMMISSION
REDISTRICTING PLAN
A PLAN Relating to the portion of the plan for the redistricting of
congressional districts.
(2002 Ed.)
29.68.100
BE IT APPROVED BY THE REDISTRICTING COMMISSION OF THE
STATE OF WASHINGTON:
Sec. 1. It is the intent of the commission to redistrict the congressional districts of the state of Washington in accordance with the Constitution
and laws of the United States and the state of Washington.
Sec. 2. The definitions set forth in RCW 44.05.020 apply throughout
this plan, unless the context requires otherwise.
Sec. 3. In every case the population of the congressional districts
described by this plan has been ascertained on the basis of the total number
of persons found inhabiting such areas as of April 1, 2000, in accordance
with the 2000 federal decennial census data submitted pursuant to P.L. 94171.
Sec. 4. (a) Any area not specifically included within the boundaries
of any of the districts as described in this plan and that is completely
surrounded by a particular district, shall be a part of that district. Any such
area not completely surrounded by a particular district shall be a part of the
district having the smallest number of inhabitants and having territory
contiguous to such area.
(b) Any area described in this plan as specifically embraced in two or
more noninclusive districts shall be a part of the adjacent district having the
smallest number of inhabitants and shall not be a part of the other district
or districts.
(c) Any area specifically mentioned as embraced within a district but
separated from such district by one or more other districts, shall be assigned
as though it had not been included in any district specifically described.
(d) The 2000 United States federal decennial census data submitted
pursuant to P.L. 94-171 shall be used for determining the number of
inhabitants under this plan.
Sec. 5. For purposes of this plan, districts shall be described in terms
of:
(1) Official United States census bureau tracts, block groups, or blocks
established by the United States bureau of the census in the 2000 federal
decennial census;
(2) Counties, municipalities, or other political subdivisions as they
existed on January 1, 2000;
(3) Any natural or artificial boundaries or monuments including but
not limited to rivers, streams, or lakes as they existed on January 1, 2000;
(4) Roads, streets, or highways as they existed on January 1, 2000.
Sec. 6. Pursuant to the most recent certificate of entitlement from the
Clerk of the U.S. House of Representatives as required by 2 U.S.C. section
2a, the territory of the state shall be divided into nine congressional districts.
The congressional districts described by this plan shall be those recorded
electronically as "JOINTSUB-C 01", maintained in computer files designated as FINAL-CONG-2001, which are public records of the commission. As
soon as practicable after approval and submission of this plan to the
legislature, the commission shall publish "JOINTSUB-C 01".
Sec. 7. This commission intends that this plan supersede the district
boundaries established by chapter 29.69B RCW.
Sec. 8. If any provision of this plan or its application to any person
or circumstance is held invalid, the remainder of the plan or its application
to other persons or circumstances is not affected.
District 1: King County (Part) - Tracts: 4.01, 201.00, 202.00,
203.00, 204.02, 207.00, 208.00, 209.00, 215.00, 216.00, 217.00, 218.02,
218.03, 218.04, 219.03, 219.04, 219.05, 219.06, 220.01, 220.03, 220.05,
220.06, 221.01, 221.02, 222.01, 222.02, 222.03, 223.00, 224.00, 225.00,
226.03, 226.04, 226.05, 226.06, 227.02, 228.02, 323.07, 323.09, 323.11,
323.19, 323.20, 323.21, 323.22, 323.23, 323.24, 323.25, King County (Part)
- Block Groups Tract 3.00; Block Group 3, Tract 4.02; Block Group 1,
Tract 204.01; Block Group 2, Tract 204.01; Block Group 4, Tract 206.00;
Block Group 4, Tract 210.00; Block Group 3, Tract 210.00; Block Group 4,
Tract 227.01; Block Group 1, Tract 227.03; Block Group 2, Tract 228.03;
Block Group 1, Tract 323.12; Block Group 1, Tract 323.12; Block Group 3,
King County (Part) - Blocks: Tract 3.00; Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2018,
Block 2019, Block 2020, Block 2021, Tract 4.02; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 5000, Block 5001, Block 5002,
[Title 29 RCW—page 83]
Chapter 29.69C
Title 29 RCW: Elections
Block 5003, Block 5004, Block 5005, Block 5006, Block 5007, Tract 5.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1999, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 3005, Block 3006, Block 3007, Block 3011,
Tract 6.00; Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1019, Block 1020, Block 1021,
Tract 14.00; Block 5999, Tract 204.01; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1015, Block 1016, Block 3009, Block 3010, Block 3011,
Tract 205.00; Block 6000, Tract 206.00; Block 1003, Block 1004,
Block 3001, Block 3002, Block 3003, Block 3007, Block 3008,
Tract 210.00; Block 2003, Block 2004, Block 2009, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5010, Block 5011, Block 5012,
Block 5013, Block 5014, Block 5015, Tract 214.00; Block 1000,
Block 1001, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 3000, Tract 227.01; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2999, Tract 227.03; Block 1000, Block 1001, Block 1002,
Block 1008, Block 1011, Tract 228.03; Block 2000, Block 2001,
Block 2002, Block 2006, Block 2007, Block 2008, Tract 242.00;
Block 2999, Tract 323.12; Block 2006, Block 2007, Block 2008,
Block 5001, Block 5002, Tract 323.13; Block 3008, Block 3009,
Block 3010, Block 3011, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Kitsap County (Part) - Tracts: 901.01, 901.02, 902.00, 903.00,
904.00, 905.00, 906.01, 906.02, 907.00, 908.00, 909.00, 910.00, 911.00,
912.01, 912.03, 912.04, 913.01, 913.02, Kitsap County (Part) Block Groups Tract 914.00; Block Group 1, Tract 915.00; Block Group 2,
Tract 916.00; Block Group 2, Tract 917.00; Block Group 1, Tract 920.00;
Block Group 1, Kitsap County (Part) - Blocks: Tract 809.00; Block 2011,
Tract 914.00; Block 2009, Block 2010, Block 2011, Block 2999,
Tract 915.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1022,
Block 1023, Block 1024, Block 1025, Tract 916.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Tract 917.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2008, Block 2999, Tract 918.00;
Block 1000, Block 1001, Block 1998, Tract 920.00; Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2043, Block 2044, Block 2047, Block 2048, Block 2052, Block 2124,
Block 2125, Block 2126, Block 2997, Snohomish County (Part) - Tracts:
416.07, 416.08, 417.02, 418.04, 418.07, 419.05, 420.01, 420.03, 420.04,
420.05, 420.06, 501.01, 501.02, 502.00, 503.00, 504.01, 504.02, 505.00,
506.00, 507.00, 508.00, 509.00, 510.00, 511.00, 512.00, 513.00, 514.00,
515.00, 516.01, 516.02, 517.01, 517.02, 518.01, 518.02, 519.05, 519.09,
519.11, 519.12, 519.13, 519.14, 519.15, 519.16, 519.17, 519.18, 519.19,
519.20, 520.03, 520.04, 520.05, 520.06, 520.07, 521.07, 521.08, 521.10,
521.11, 521.12, Snohomish County (Part) - Block Groups Tract 416.01;
Block Group 3, Tract 416.06; Block Group 2, Tract 416.06; Block Group 3,
Tract 416.06; Block Group 4, Tract 417.01; Block Group 2, Tract 418.06;
Block Group 1, Tract 418.06; Block Group 3, Tract 418.08; Block Group 2,
Tract 418.08; Block Group 3, Tract 419.01; Block Group 2, Tract 419.01;
Block Group 3, Tract 521.13; Block Group 3, Tract 522.04; Block Group 2,
Tract 522.04; Block Group 3, Tract 522.05; Block Group 1, Tract 522.05;
Block Group 4, Snohomish County (Part) - Blocks: Tract 416.01;
Block 1000, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2016, Block 2017,
Block 2019, Block 4008, Block 4009, Tract 416.05; Block 1000,
Block 1001, Block 1002, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1011, Block 1012, Block 2000, Block 2001, Block 2002,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Tract 416.06; Block 1000,
Block 1002, Tract 417.01; Block 1003, Block 1004, Block 1006,
Block 1007, Block 1008, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Tract 418.05; Block 1014,
Tract 418.06; Block 2005, Block 2006, Block 2007, Tract 418.08;
Block 1005, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Tract 419.01; Block 1001, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
[Title 29 RCW—page 84]
Block 1011, Block 1012, Block 1013, Block 1016, Block 1017, Block 1018,
Block 1019, Tract 419.03; Block 2007, Tract 521.05; Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2994, Block 2995, Block 2996, Block 2998,
Tract 521.13; Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2021, Block 2999, Tract 522.04;
Block 1013, Block 1014, Block 1015, Block 1016, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Tract 522.05; Block 2003, Block 2004, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Tract 538.01; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2997.
District 2: Island County, King County (Part) - Blocks:
Tract 328.00; Block 2072, Block 2073, Block 2074, Block 2075,
Block 2076, Block 2077, Block 2078, Block 2079, Block 2080, Block 2081,
Block 2082, Block 2083, Block 2084, Block 2085, Block 2996, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036,
Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block 3042,
Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block 3048,
Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block 3054,
Block 3055, Block 3056, Block 3057, Block 3058, Block 3059, Block 3060,
Block 3061, Block 3062, Block 3063, Block 3064, Block 3065, Block 3066,
Block 3067, Block 3068, Block 3069, Block 3070, Block 3071, Block 3072,
Block 3073, Block 3074, Block 3075, Block 3076, Block 3077, Block 3078,
Block 3079, Block 3080, Block 3081, Block 3082, Block 3083, Block 3084,
Block 3085, Block 3086, Block 3087, Block 3088, Block 3089, Block 3090,
Block 3091, Block 3154, Block 3155, Block 3156, Block 3157, Block 3158,
Block 3159, Block 3160, Block 3212, Block 3213, Block 3214, Block 3215,
Block 3216, Block 3217, Block 3218, Block 3219, Block 3220, Block 3221,
Block 3222, Block 3223, Block 3224, Block 3225, Block 3226, Block 3227,
Block 3228, Block 3229, Block 3230, Block 3231, Block 3232, Block 3233,
Block 3234, Block 3235, Block 3236, Block 3237, Block 3238, Block 3239,
Block 3240, Block 3241, Block 3242, Block 3243, Block 3244, Block 3245,
Block 3246, Block 3247, Block 3248, Block 3249, Block 3250, Block 3251,
Block 3252, Block 3253, Block 3254, Block 3255, Block 3256, Block 3257,
Block 3258, Block 3259, Block 3260, Block 3261, Block 3262, Block 3263,
Block 3264, Block 3265, Block 3266, Block 3267, Block 3268, Block 3269,
Block 3270, Block 3271, Block 3272, Block 3273, Block 3274, Block 3275,
Block 3276, Block 3277, Block 3278, Block 3279, Block 3280, Block 3281,
Block 3282, Block 3283, Block 3284, Block 3285, Block 3286, Block 3287,
Block 3288, Block 3289, Block 3290, Block 3291, Block 3292, Block 3293,
Block 3294, Block 3295, Block 3296, Block 3297, Block 3298, Block 3299,
Block 3300, Block 3301, Block 3302, Block 3303, Block 3304, Block 3305,
Block 3306, Block 3307, Block 3308, Block 3309, Block 3310, Block 3311,
Block 3312, Block 3313, Block 3314, Block 3315, Block 3316, Block 3317,
Block 3318, Block 3319, Block 3320, Block 3321, Block 3322, Block 3323,
Block 3324, Block 3325, Block 3326, Block 3327, Block 3328, Block 3329,
Block 3330, Block 3331, Block 3332, Block 3333, Block 3334, Block 3335,
Block 3336, Block 3337, Block 3338, Block 3339, Block 3340, Block 3341,
Block 3342, Block 3343, Block 3344, Block 3345, Block 3346, Block 3347,
Block 3348, Block 3349, Block 3350, Block 3351, Block 3352, Block 3353,
Block 3354, Block 3355, Block 3356, Block 3357, Block 3358, Block 3359,
Block 3360, Block 3361, Block 3362, Block 3363, Block 3364, Block 3365,
Block 3366, Block 3367, Block 3368, Block 3369, Block 3370, Block 3371,
Block 3372, Block 3373, Block 3375, Block 3376, Block 3377, Block 3378,
Block 3380, Block 3381, Block 3382, Block 3383, Block 3384, Block 3385,
Block 3386, Block 3387, Block 3388, Block 3991, Block 3992, Block 3993,
Block 3994, Block 3997, Block 3998, Block 3999, San Juan County, Skagit
County, Snohomish County (Part) - Tracts: 401.00, 402.00, 403.00, 404.00,
405.00, 406.00, 407.00, 408.00, 409.00, 410.00, 411.00, 412.01, 412.02,
413.01, 413.02, 414.00, 415.00, 419.04, 521.04, 522.03, 522.06, 522.07,
523.01, 523.02, 524.01, 524.02, 525.02, 525.03, 525.04, 526.03, 526.04,
526.05, 526.06, 526.07, 527.01, 527.03, 527.04, 527.05, 528.03, 528.04,
528.05, 528.06, 529.01, 529.03, 529.04, 530.01, 530.02, 531.01, 531.02,
532.01, 532.02, 533.01, 533.02, 534.00, 535.03, 535.04, 535.05, 535.06,
(2002 Ed.)
Congressional Districts and Apportionment
536.01, 536.02, 537.00, 538.02, 538.03, Snohomish County (Part) Block Groups Tract 418.05; Block Group 2, Tract 418.05; Block Group 3,
Tract 418.05; Block Group 4, Tract 418.06; Block Group 4, Tract 418.06;
Block Group 5, Tract 418.06; Block Group 6, Tract 419.03; Block Group 1,
Tract 419.03; Block Group 3, Tract 521.05; Block Group 1, Tract 522.05;
Block Group 3, Tract 522.05; Block Group 5, Tract 522.05; Block Group 6,
Tract 538.01; Block Group 1, Tract 538.01; Block Group 3, Tract 538.01;
Block Group 4, Snohomish County (Part) - Blocks: Tract 416.01;
Block 1001, Block 2006, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2018, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Tract 416.05; Block 1003, Block 1004, Block 1010, Block 2003,
Block 3005, Block 3006, Block 3007, Block 3008, Tract 416.06;
Block 1001, Tract 417.01; Block 1000, Block 1001, Block 1002,
Block 1005, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Tract 418.05; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1015, Tract 418.06; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Tract 418.08; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Tract 419.01; Block 1000,
Block 1002, Block 1014, Block 1015, Tract 419.03; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2008, Block 2009, Tract 521.05; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2997, Block 2999, Tract 521.13; Block 1000, Block 1999,
Block 2020, Tract 522.04; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1017,
Tract 522.05; Block 2000, Block 2001, Block 2002, Block 2005,
Tract 538.01; Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2998, Block 2999, Whatcom
County.
District 3: Clark County, Cowlitz County, Lewis County, Pacific
County, Skamania County (Part) - Tracts: 9501.00, 9502.00, 9503.00,
Skamania County (Part) - Blocks: Tract 9504.00; Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1998, Tract 9505.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053,
Block 1055, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2999, Thurston
County (Part) - Tracts: 101.00, 104.00, 105.00, 106.00, 107.00, 108.00,
109.00, 110.00, 111.00, 117.00, 118.10, 118.20, 119.00, 120.00, 126.00,
127.00, Thurston County (Part) - Block Groups Tract 103.00;
Block Group 1, Tract 103.00; Block Group 2, Tract 116.20; Block Group 3,
Tract 124.20; Block Group 3, Tract 125.00; Block Group 5, Thurston
County (Part) - Blocks: Tract 102.00; Block 1022, Block 1023,
Block 1024, Block 1997, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 3031, Block 3032,
Block 3033, Block 3036, Block 3037, Block 3038, Tract 103.00;
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
(2002 Ed.)
Chapter 29.69C
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4024, Block 4025,
Block 4026, Block 4027, Block 4028, Block 4029, Block 4030, Block 4031,
Block 4032, Block 4033, Block 4034, Block 4035, Block 4036, Block 4037,
Block 4038, Tract 112.00; Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 2017, Block 2018,
Tract 113.00; Block 1001, Block 1002, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1997, Block 1998, Block 1999,
Tract 116.20; Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 4015, Block 4029, Block 4030, Block 4031, Block 4032, Block 4033,
Tract 122.10; Block 3017, Tract 124.20; Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Tract 125.00; Block 1021, Block 1022,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1999, Block 2011, Block 2012, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 3023, Block 3024, Block 3026,
Block 3027, Block 3028, Block 3029, Block 3030, Block 3031, Block 3032,
Block 3033, Block 3034, Block 3035, Block 3036, Block 3037, Block 3038,
Block 3039, Block 3040, Block 3041, Block 3042, Block 3043, Block 3044,
Block 3045, Block 3050, Block 3060, Block 3061, Block 3062, Block 3063,
Block 3064, Block 3065, Block 3066, Block 3067, Block 3068, Block 3069,
Block 3070, Block 3071, Block 3072, Block 3073, Block 3074, Block 3995,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Block 4033, Block 4034, Block 4035, Block 4036, Block 4037, Block 4038,
Block 4039, Block 4040, Block 4041, Block 4042, Block 4043, Block 4044,
Block 4045, Block 4046, Block 4047, Block 4048, Block 4049, Block 4050,
Block 4051, Block 4052, Block 4053, Block 4054, Block 4055, Block 4056,
Block 4057, Block 4058, Block 4059, Block 4060, Block 4061, Block 4062,
Block 4063, Block 4064, Block 4065, Block 4066, Block 4067, Block 4068,
Block 4069, Block 4070, Block 4071, Block 4072, Block 4073, Block 4074,
Block 4075, Block 4076, Block 4077, Block 4078, Block 4079, Block 4080,
Block 4081, Block 4082, Block 4083, Block 4084, Block 4085, Block 4086,
Block 4087, Block 4088, Block 4089, Block 4090, Block 4091, Block 4092,
Block 4093, Block 4094, Block 4095, Block 4096, Block 4097, Block 4098,
Block 4099, Block 4100, Block 4101, Block 4102, Block 4103, Block 4104,
Block 4105, Block 4106, Block 4107, Block 4108, Block 4109, Block 4110,
Block 4111, Block 4112, Block 4113, Block 4114, Block 4115, Block 4116,
Block 4117, Block 4118, Block 4119, Block 4120, Block 4121, Block 4122,
Block 4123, Block 4124, Block 4125, Block 4126, Block 4127, Block 4128,
Block 4129, Block 4130, Block 4131, Block 4132, Block 4133, Block 4134,
Block 4135, Block 4136, Block 4137, Block 4138, Block 4139, Block 4140,
Block 4141, Block 4142, Block 4143, Block 4144, Block 4145, Block 4146,
Block 4147, Block 4148, Block 4149, Block 4150, Block 4151, Block 4152,
Block 4153, Block 4154, Block 4155, Block 4156, Block 4157, Block 4158,
Block 4159, Block 4160, Block 4161, Block 4162, Block 4163, Block 4164,
Block 4165, Block 4166, Block 4167, Block 4168, Block 4169, Block 4170,
Block 4171, Block 4172, Block 4173, Block 4174, Block 4175, Block 4176,
Block 4177, Block 4178, Block 4179, Block 4180, Block 4181, Block 4182,
Block 4183, Block 4184, Block 4996, Block 4997, Block 4998, Block 4999,
Wahkiakum County.
District 4: Adams County (Part) - Tracts: 9504.00, Adams County
(Part) - Block Groups Tract 9503.00; Block Group 3, Tract 9503.00;
Block Group 4, Tract 9503.00; Block Group 5, Tract 9505.00;
Block Group 2, Adams County (Part) - Blocks: Tract 9503.00; Block 1018,
Block 1019, Block 1020, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1070, Block 1071, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2021,
Block 2022, Block 2023, Block 6002, Block 6003, Block 6004, Block 6005,
Block 6006, Block 6007, Block 6008, Block 6009, Block 6010, Block 6011,
Block 6012, Block 6013, Block 6014, Block 6015, Block 6016,
Tract 9505.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
[Title 29 RCW—page 85]
Chapter 29.69C
Title 29 RCW: Elections
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Benton
County, Chelan County, Douglas County, Franklin County, Grant County,
Kittitas County, Klickitat County, Skamania County (Part) Block Groups Tract 9504.00; Block Group 2, Skamania County (Part) Blocks: Tract 9504.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1046,
Block 1051, Block 1995, Block 1996, Block 1997, Block 1999,
Tract 9505.00; Block 1054, Block 1056, Block 1057, Block 1058,
Block 1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064,
Block 2000, Block 2001, Block 2002, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Yakima County.
District 5: Adams County (Part) - Tracts: 9501.00, 9502.00, Adams
County (Part) - Blocks: Tract 9503.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1021, Block 1022,
Block 1023, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068,
Block 1069, Block 1072, Block 1073, Block 1074, Block 1075, Block 1076,
Block 1077, Block 1078, Block 1079, Block 1080, Block 1081, Block 1082,
Block 1083, Block 1084, Block 1085, Block 1086, Block 1087, Block 1088,
Block 1089, Block 1090, Block 1091, Block 1092, Block 1093, Block 1094,
Block 1095, Block 1096, Block 1097, Block 1098, Block 1099, Block 1100,
Block 1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106,
Block 1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112,
Block 1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118,
Block 1119, Block 1120, Block 1121, Block 1122, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 6000, Block 6001,
Tract 9505.00; Block 1046, Block 1047, Asotin County, Columbia County,
Ferry County, Garfield County, Lincoln County, Okanogan County, Pend
Oreille County, Spokane County, Stevens County, Walla Walla County,
Whitman County.
District 6: Clallam County, Grays Harbor County, Jefferson County,
Kitsap County (Part) - Tracts: 801.01, 801.02, 802.00, 803.00, 804.00,
805.00, 806.00, 807.00, 808.00, 810.00, 811.00, 812.00, 814.00, 919.00,
921.00, 922.00, 923.00, 924.00, 925.00, 926.00, 927.00, 928.01, 928.02,
928.03, 929.01, 929.02, Kitsap County (Part) - Block Groups Tract 809.00;
Block Group 1, Tract 917.00; Block Group 3, Tract 918.00; Block Group 2,
Kitsap County (Part) - Blocks: Tract 809.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2999,
Tract 914.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2997,
Block 2998, Tract 915.00; Block 1021, Tract 916.00; Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Tract 917.00;
Block 2006, Block 2007, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Tract 918.00; Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
[Title 29 RCW—page 86]
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1999, Tract 920.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2042, Block 2045, Block 2046,
Block 2049, Block 2050, Block 2051, Block 2053, Block 2054, Block 2055,
Block 2056, Block 2057, Block 2058, Block 2059, Block 2060, Block 2061,
Block 2062, Block 2063, Block 2064, Block 2065, Block 2066, Block 2067,
Block 2068, Block 2069, Block 2070, Block 2071, Block 2072, Block 2073,
Block 2074, Block 2075, Block 2076, Block 2077, Block 2078, Block 2079,
Block 2080, Block 2081, Block 2082, Block 2083, Block 2084, Block 2085,
Block 2086, Block 2087, Block 2088, Block 2089, Block 2090, Block 2091,
Block 2092, Block 2093, Block 2094, Block 2095, Block 2096, Block 2097,
Block 2098, Block 2099, Block 2100, Block 2101, Block 2102, Block 2103,
Block 2104, Block 2105, Block 2106, Block 2107, Block 2108, Block 2109,
Block 2110, Block 2111, Block 2112, Block 2113, Block 2114, Block 2115,
Block 2116, Block 2117, Block 2118, Block 2119, Block 2120, Block 2121,
Block 2122, Block 2123, Block 2127, Block 2128, Block 2129, Block 2130,
Block 2131, Block 2132, Block 2994, Block 2995, Block 2996, Block 2998,
Block 2999, Mason County, Pierce County (Part) - Tracts: 603.00, 604.00,
605.00, 607.00, 608.00, 609.03, 609.04, 609.05, 609.06, 610.01, 610.02,
611.00, 612.00, 613.00, 614.00, 615.00, 616.01, 617.00, 618.00, 619.00,
620.00, 622.00, 623.00, 624.00, 625.00, 626.00, 628.01, 628.02, 629.00,
630.00, 631.00, 632.00, 634.00, 635.01, 635.02, 715.04, 716.01, 717.03,
717.04, 717.05, 717.06, 717.07, 718.03, 718.04, 718.05, 723.05, 723.06,
723.07, 723.09, 723.10, 723.11, 724.05, 724.06, 724.07, 724.08, 724.09,
724.10, 725.03, 725.04, 725.05, 725.06, 725.07, 726.01, 726.02, Pierce
County (Part) - Block Groups Tract 606.00; Block Group 2, Tract 606.00;
Block Group 3, Tract 606.00; Block Group 4, Tract 606.00; Block Group 5,
Tract 606.00; Block Group 6, Tract 621.00; Block Group 2, Tract 621.00;
Block Group 3, Tract 633.00; Block Group 3, Tract 633.00; Block Group 4,
Tract 633.00; Block Group 5, Tract 715.05; Block Group 1, Tract 716.02;
Block Group 1, Tract 719.01; Block Group 1, Tract 719.01; Block Group 2,
Tract 719.01; Block Group 3, Tract 719.02; Block Group 3, Tract 721.05;
Block Group 2, Tract 721.06; Block Group 1, Tract 721.06; Block Group 2,
Tract 723.08; Block Group 1, Tract 723.08; Block Group 2, Tract 723.08;
Block Group 4, Tract 726.03; Block Group 1, Tract 726.03; Block Group 2,
Pierce County (Part) - Blocks: Tract 606.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1999,
Tract 616.02; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1033, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1067, Block 1068,
Block 1072, Block 1073, Block 1074, Block 1075, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Tract 621.00; Block 1000,
Block 1001, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1998, Block 1999,
Tract 633.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Tract 710.00; Block 2005, Block 2006, Block 3007,
Block 3018, Block 6009, Block 6010, Tract 711.00; Block 2017,
Block 2018, Tract 713.05; Block 1004, Block 1005, Block 1006,
Tract 715.03; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
(2002 Ed.)
Congressional Districts and Apportionment
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1031,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4999, Tract 715.05; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Tract 716.02; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2037, Tract 718.06; Block 1000, Block 1001,
Block 1004, Block 1005, Block 1006, Block 1008, Block 2000, Block 2001,
Tract 719.01; Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4010,
Tract 719.02; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2998,
Block 4000, Tract 721.05; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 3000, Block 3001, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Tract 723.08; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3995, Block 3996, Block 3997, Block 3998, Block 3999,
Tract 729.01; Block 1001.
District 7: King County (Part) - Tracts: 1.00, 2.00, 7.00, 8.00, 9.00,
10.00, 11.00, 12.00, 13.00, 15.00, 16.00, 17.00, 18.00, 19.00, 20.00, 21.00,
22.00, 24.00, 25.00, 26.00, 27.00, 28.00, 29.00, 30.00, 31.00, 32.00, 33.00,
34.00, 35.00, 36.00, 38.00, 39.00, 40.00, 41.00, 42.00, 43.00, 44.00, 45.00,
46.00, 47.00, 48.00, 49.00, 50.00, 51.00, 52.00, 53.01, 53.02, 54.00, 56.00,
57.00, 58.01, 58.02, 59.00, 60.00, 61.00, 62.00, 63.00, 64.00, 65.00, 66.00,
67.00, 68.00, 69.00, 70.00, 71.00, 72.00, 73.00, 74.00, 75.00, 76.00, 77.00,
78.00, 79.00, 80.01, 80.02, 81.00, 82.00, 83.00, 84.00, 85.00, 86.00, 87.00,
88.00, 89.00, 90.00, 91.00, 92.00, 93.00, 94.00, 95.00, 96.00, 97.01, 97.02,
98.00, 99.00, 100.00, 101.00, 102.00, 103.00, 104.00, 105.00, 106.00,
107.00, 108.00, 109.00, 110.00, 111.01, 111.02, 112.00, 113.00, 114.00,
115.00, 116.00, 117.00, 118.00, 119.00, 120.00, 121.00, 211.00, 213.00,
260.01, 263.00, 264.00, 265.00, 266.00, 267.00, 268.01, 268.02, 269.00,
270.00, 271.00, 272.00, 274.00, 275.00, 277.01, 277.02, King County (Part)
- Block Groups Tract 3.00; Block Group 1, Tract 4.02; Block Group 3,
Tract 4.02; Block Group 4, Tract 6.00; Block Group 2, Tract 6.00;
Block Group 3, Tract 6.00; Block Group 4, Tract 6.00; Block Group 5,
Tract 6.00; Block Group 6, Tract 14.00; Block Group 1, Tract 14.00;
Block Group 2, Tract 14.00; Block Group 3, Tract 14.00; Block Group 4,
Tract 14.00; Block Group 6, Tract 205.00; Block Group 1, Tract 205.00;
Block Group 2, Tract 205.00; Block Group 3, Tract 205.00; Block Group 4,
Tract 205.00; Block Group 5, Tract 205.00; Block Group 7, Tract 206.00;
Block Group 2, Tract 210.00; Block Group 1, Tract 214.00; Block Group 2,
Tract 260.02; Block Group 3, Tract 261.00; Block Group 1, Tract 261.00;
Block Group 2, Tract 261.00; Block Group 3, Tract 261.00; Block Group 5,
Tract 261.00; Block Group 6, Tract 273.00; Block Group 1, Tract 273.00;
Block Group 3, Tract 273.00; Block Group 4, Tract 273.00; Block Group 5,
Tract 276.00; Block Group 1, Tract 276.00; Block Group 2, King County
(Part) - Blocks: Tract 3.00; Block 2000, Block 2001, Block 2015,
Block 2016, Block 2017, Tract 4.02; Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 5008,
Block 5009, Block 5010, Block 5011, Block 5012, Tract 5.00; Block 1014,
Block 1015, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3008, Block 3009, Block 3010, Block 3012, Block 3013,
Block 3014, Block 3015, Tract 6.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1015, Block 1016,
Block 1017, Block 1018, Tract 14.00; Block 5000, Block 5001, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008,
Block 5009, Tract 204.01; Block 1014, Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3012, Block 3013, Block 3014, Tract 205.00;
Block 6001, Block 6002, Block 6003, Block 6004, Block 6005, Block 6006,
Tract 206.00; Block 1000, Block 1001, Block 1002, Block 1005,
Block 1006, Block 3000, Block 3004, Block 3005, Block 3006,
Tract 210.00; Block 2000, Block 2001, Block 2002, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2010, Block 2011, Block 5000,
(2002 Ed.)
Chapter 29.69C
Block 5001, Block 5006, Block 5007, Block 5008, Block 5009, Block 5016,
Block 5017, Block 5018, Tract 214.00; Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1998, Block 1999, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Tract 253.00; Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5997, Block 5998, Block 5999, Tract 260.02;
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1026, Block 1027, Block 2010, Block 2011,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 5000, Block 5001,
Block 5002, Block 5003, Block 5012, Block 5018, Block 5019, Block 5022,
Tract 261.00; Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4013, Block 4014, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Tract 273.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2010, Block 2011,
Tract 276.00; Block 4000, Block 4001, Block 4999.
District 8: King County (Part) - Tracts: 228.01, 229.01, 229.02,
230.00, 231.00, 232.01, 232.02, 233.00, 234.01, 234.02, 235.00, 236.01,
236.03, 236.04, 237.00, 238.01, 238.02, 239.00, 240.00, 241.00, 243.00,
244.00, 245.00, 246.01, 246.02, 247.01, 247.02, 248.00, 249.01, 249.02,
249.03, 250.01, 250.03, 250.04, 251.01, 251.02, 252.00, 254.00, 255.00,
293.06, 293.07, 294.05, 294.06, 294.08, 295.02, 295.04, 296.01, 311.00,
312.02, 312.04, 312.06, 313.01, 313.02, 314.00, 315.01, 315.02, 316.01,
316.02, 316.03, 317.02, 317.03, 317.04, 318.00, 319.03, 319.04, 319.06,
319.07, 319.08, 319.09, 320.02, 320.03, 320.05, 320.06, 320.07, 320.08,
320.09, 321.02, 321.03, 321.04, 322.03, 322.07, 322.08, 322.09, 322.10,
322.11, 322.12, 323.14, 323.15, 323.16, 323.17, 323.18, 324.01, 324.02,
325.00, 326.01, 326.02, 327.02, 327.03, 327.04, King County (Part) Block Groups Tract 228.03; Block Group 3, Tract 242.00; Block Group 1,
Tract 242.00; Block Group 3, Tract 242.00; Block Group 4, Tract 253.00;
Block Group 1, Tract 256.00; Block Group 1, Tract 256.00; Block Group 2,
Tract 256.00; Block Group 4, Tract 256.00; Block Group 5, Tract 293.03;
Block Group 4, Tract 293.04; Block Group 2, Tract 293.04; Block Group 4,
Tract 294.03; Block Group 2, Tract 294.03; Block Group 3, Tract 294.07;
Block Group 3, Tract 295.03; Block Group 4, Tract 295.03; Block Group 5,
Tract 296.02; Block Group 2, Tract 306.00; Block Group 1, Tract 308.02;
Block Group 1, Tract 312.05; Block Group 1, Tract 312.05; Block Group 3,
Tract 312.05; Block Group 4, Tract 323.12; Block Group 4, Tract 323.13;
Block Group 1, Tract 323.13; Block Group 2, Tract 328.00; Block Group 1,
King County (Part) - Blocks: Tract 227.01; Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2998,
Tract 227.03; Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1009, Block 1010, Block 1012, Block 1013, Block 1014,
Block 1015, Tract 228.03; Block 2003, Block 2004, Block 2005,
Tract 242.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2997, Block 2998, Tract 253.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 3000, Block 3001, Block 3998, Block 3999,
Tract 256.00; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3017,
Block 3018, Block 3019, Block 3020, Tract 257.02; Block 2006,
Block 2010, Tract 293.04; Block 1000, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 3004,
Block 3005, Block 3006, Block 3008, Tract 294.07; Block 1000,
Block 1001, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Tract 295.03; Block 3000,
Block 3005, Block 3006, Block 3007, Tract 296.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Tract 297.00;
Block 2000, Block 2014, Block 2015, Block 2016, Block 2017, Block 2022,
Block 2023, Block 2024, Block 5000, Tract 306.00; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2025, Block 2026, Block 2027,
[Title 29 RCW—page 87]
Chapter 29.69C
Title 29 RCW: Elections
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Tract 307.00; Block 2009, Tract 308.01; Block 1000, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Tract 308.02; Block 2000, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Tract 310.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1022, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Tract 312.05; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Tract 323.12; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2009, Block 5000, Block 5003, Block 5004,
Block 5005, Block 5006, Block 5007, Block 5008, Block 5009, Block 5010,
Block 5011, Block 5012, Block 5013, Block 5014, Block 5015, Block 5016,
Block 5017, Block 5018, Block 5019, Block 5020, Block 5021, Block 5022,
Tract 323.13; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3012, Block 3013,
Block 3014, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3999,
Tract 328.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2086, Block 2087, Block 2088, Block 2089,
Block 2090, Block 2091, Block 2092, Block 2093, Block 2094, Block 2095,
Block 2096, Block 2097, Block 2098, Block 2099, Block 2100, Block 2101,
Block 2102, Block 2103, Block 2104, Block 2105, Block 2106, Block 2107,
Block 2108, Block 2109, Block 2110, Block 2111, Block 2112, Block 2113,
Block 2997, Block 2998, Block 2999, Block 3092, Block 3093, Block 3094,
Block 3095, Block 3096, Block 3097, Block 3098, Block 3099, Block 3100,
Block 3101, Block 3102, Block 3103, Block 3104, Block 3105, Block 3106,
Block 3107, Block 3108, Block 3109, Block 3110, Block 3111, Block 3112,
Block 3113, Block 3114, Block 3115, Block 3116, Block 3117, Block 3118,
Block 3119, Block 3120, Block 3121, Block 3122, Block 3123, Block 3124,
Block 3125, Block 3126, Block 3127, Block 3128, Block 3129, Block 3130,
Block 3131, Block 3132, Block 3133, Block 3134, Block 3135, Block 3136,
Block 3137, Block 3138, Block 3139, Block 3140, Block 3141, Block 3142,
Block 3143, Block 3144, Block 3145, Block 3146, Block 3147, Block 3148,
Block 3149, Block 3150, Block 3151, Block 3152, Block 3153, Block 3161,
Block 3162, Block 3163, Block 3164, Block 3165, Block 3166, Block 3167,
Block 3168, Block 3169, Block 3170, Block 3171, Block 3172, Block 3173,
Block 3174, Block 3175, Block 3176, Block 3177, Block 3178, Block 3179,
Block 3180, Block 3181, Block 3182, Block 3183, Block 3184, Block 3185,
Block 3186, Block 3187, Block 3188, Block 3189, Block 3190, Block 3191,
Block 3192, Block 3193, Block 3194, Block 3195, Block 3196, Block 3197,
Block 3198, Block 3199, Block 3200, Block 3201, Block 3202, Block 3203,
Block 3204, Block 3205, Block 3206, Block 3207, Block 3208, Block 3209,
Block 3210, Block 3211, Block 3374, Block 3379, Block 3990, Block 3995,
Block 3996, Pierce County (Part) - Tracts: 701.00, 702.03, 702.04, 702.05,
702.06, 702.07, 703.07, 703.08, 703.09, 703.10, 703.11, 704.02, 731.07,
731.09, 731.10, 731.11, 731.12, 731.13, 731.16, 731.17, 731.18, 731.19,
732.00, Pierce County (Part) - Block Groups Tract 703.03; Block Group 3,
Tract 703.03; Block Group 4, Tract 703.03; Block Group 5, Tract 703.03;
Block Group 6, Tract 703.06; Block Group 2, Tract 703.06; Block Group 3,
Tract 704.01; Block Group 2, Tract 712.08; Block Group 2, Tract 712.08;
Block Group 3, Tract 713.04; Block Group 1, Tract 713.08; Block Group 3,
Tract 731.08; Block Group 2, Pierce County (Part) - Blocks: Tract 703.03;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1015, Block 1016, Block 1017, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2022, Block 2023,
Tract 703.06; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
[Title 29 RCW—page 88]
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1037, Tract 704.01; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Tract 712.07; Block 2000, Block 2001, Tract 712.08;
Block 1000, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Tract 712.10; Block 2008, Block 2009, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Tract 713.04; Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 3010, Block 3011,
Block 3012, Block 3013, Tract 713.08; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2018, Tract 714.06; Block 3010,
Block 3011, Block 3012, Block 3017, Tract 714.07; Block 1000,
Block 1014, Block 1015, Block 1016, Tract 730.06; Block 1000,
Block 1001, Block 1002, Block 1049, Block 1050, Block 1051, Block 1052,
Block 1053, Block 1054, Block 1055, Block 1056, Block 1999,
Tract 731.08; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014.
District 9: King County (Part) - Tracts: 257.01, 258.01, 258.03,
258.04, 262.00, 278.00, 279.00, 280.00, 281.00, 282.00, 283.00, 284.02,
284.03, 285.00, 286.00, 287.00, 288.01, 288.02, 289.01, 289.02, 290.01,
290.03, 290.04, 291.00, 292.01, 292.03, 292.04, 293.05, 298.01, 298.02,
299.01, 299.02, 300.02, 300.03, 300.04, 301.00, 302.01, 302.02, 303.03,
303.04, 303.05, 303.06, 303.08, 303.09, 303.10, 303.11, 303.12, 304.01,
304.03, 304.04, 305.01, 305.03, 305.04, 309.01, 309.02, King County (Part)
- Block Groups Tract 253.00; Block Group 4, Tract 253.00; Block Group 6,
Tract 257.02; Block Group 1, Tract 257.02; Block Group 3, Tract 257.02;
Block Group 4, Tract 257.02; Block Group 5, Tract 276.00; Block Group 3,
Tract 293.03; Block Group 1, Tract 293.03; Block Group 2, Tract 293.03;
Block Group 3, Tract 294.03; Block Group 1, Tract 294.07; Block Group 2,
Tract 295.03; Block Group 1, Tract 295.03; Block Group 2, Tract 297.00;
Block Group 1, Tract 297.00; Block Group 3, Tract 297.00; Block Group 4,
Tract 306.00; Block Group 3, Tract 306.00; Block Group 4, Tract 307.00;
Block Group 1, Tract 307.00; Block Group 3, Tract 307.00; Block Group 4,
Tract 308.01; Block Group 3, Tract 308.01; Block Group 4, Tract 308.02;
Block Group 3, King County (Part) - Blocks: Tract 253.00; Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039,
Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045,
Block 3046, Block 3047, Block 3048, Block 3049, Block 3050, Block 3051,
Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block 3057,
Block 3058, Block 3059, Block 3060, Block 3061, Block 3062, Block 3063,
Block 5000, Block 5001, Block 5007, Block 5008, Block 5009, Block 5010,
Block 5011, Block 5012, Block 5013, Block 5014, Block 5015, Block 5016,
Block 5017, Block 5018, Block 5019, Block 5020, Block 5021, Block 5022,
Block 5023, Block 5024, Block 5025, Block 5026, Block 5027, Block 5028,
Block 5029, Block 5030, Block 5031, Block 5032, Block 5033, Block 5034,
Block 5035, Block 5036, Block 5037, Tract 256.00; Block 3015,
Block 3016, Tract 257.02; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2007, Block 2008, Block 2009,
Tract 260.02; Block 1000, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 4012, Block 4013,
(2002 Ed.)
Congressional Districts and Apportionment
Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4020, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008,
Block 5009, Block 5010, Block 5011, Block 5013, Block 5014, Block 5015,
Block 5016, Block 5017, Block 5020, Block 5021, Tract 261.00;
Block 4020, Block 4021, Tract 273.00; Block 2009, Tract 276.00;
Block 4002, Block 4003, Block 4004, Block 4005, Tract 293.04;
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3007, Tract 294.07;
Block 1002, Tract 295.03; Block 3001, Block 3002, Block 3003,
Block 3004, Tract 296.02; Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Tract 297.00; Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2025, Block 2026, Block 2027,
Block 2028, Block 5001, Tract 306.00; Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Tract 307.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2010, Block 2011, Block 2012, Block 2013, Tract 308.01;
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Tract 308.02; Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Tract 310.00; Block 1018, Block 1019,
Block 1020, Block 1021, Block 1023, Block 1039, Tract 312.05;
Block 2009, Pierce County (Part) - Tracts: 601.02, 601.03, 601.04, 602.00,
705.00, 706.00, 707.01, 707.03, 707.04, 708.00, 709.00, 712.05, 712.06,
712.09, 713.06, 713.07, 714.03, 714.08, 714.09, 714.10, 714.11, 715.06,
720.00, 721.07, 721.08, 721.09, 721.11, 721.12, 727.00, 728.00, 729.03,
729.04, 730.01, 730.05, 731.14, 731.15, 733.01, 733.02, 734.01, 734.03,
734.04, Pierce County (Part) - Block Groups Tract 710.00; Block Group 1,
Tract 710.00; Block Group 4, Tract 710.00; Block Group 5, Tract 711.00;
Block Group 1, Tract 712.07; Block Group 1, Tract 712.10; Block Group 1,
Tract 713.05; Block Group 2, Tract 714.06; Block Group 1, Tract 714.06;
Block Group 2, Tract 714.07; Block Group 2, Tract 714.07; Block Group 3,
Tract 715.03; Block Group 2, Tract 715.03; Block Group 3, Tract 715.05;
Block Group 3, Tract 715.05; Block Group 4, Tract 719.02; Block Group 1,
Tract 719.02; Block Group 5, Tract 721.05; Block Group 5, Tract 721.06;
Block Group 3, Tract 721.06; Block Group 4, Tract 721.06; Block Group 5,
Tract 726.03; Block Group 3, Tract 730.06; Block Group 2, Pierce County
(Part) - Blocks: Tract 606.00; Block 1998, Tract 616.02; Block 1032,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1055, Block 1056,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1069, Block 1070,
Block 1071, Block 1076, Block 1077, Block 1078, Tract 621.00;
Block 1002, Tract 633.00; Block 1032, Block 2000, Block 2028,
Block 2029, Tract 703.03; Block 1013, Block 1014, Block 1018,
Block 2018, Block 2019, Block 2020, Block 2021, Tract 703.06;
Block 1036, Tract 704.01; Block 1010, Tract 710.00; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2007, Block 2008,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 6000,
Block 6001, Block 6002, Block 6003, Block 6004, Block 6005, Block 6006,
Block 6007, Block 6008, Block 6011, Block 6012, Block 6013, Block 6014,
Block 6015, Tract 711.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Tract 712.07; Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Tract 712.08; Block 1001, Block 1002, Tract 712.10; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2010, Block 2011, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3020, Tract 713.04; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Tract 713.05; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
(2002 Ed.)
Chapter 29.69C
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Tract 713.08; Block 1019, Block 2015, Block 2016,
Block 2017, Tract 714.06; Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3013, Block 3014, Block 3015, Block 3016, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Tract 714.07; Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1017, Tract 715.03;
Block 1022, Block 1028, Block 1029, Block 1030, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4998, Tract 715.05; Block 2008, Block 2009, Block 2010,
Block 2011, Tract 716.02; Block 2035, Block 2036, Tract 718.06;
Block 1002, Block 1003, Block 1007, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Tract 719.01; Block 4008, Block 4009, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Tract 719.02; Block 2999, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4999,
Tract 721.05; Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 3002, Block 3003, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4998, Block 4999, Tract 723.08;
Block 3007, Block 3994, Tract 729.01; Block 1000, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1999,
Tract 730.06; Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068,
Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block 1074,
Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Block 1084, Block 1085, Block 1086,
Block 1087, Block 1088, Block 1089, Block 1090, Block 1091, Block 1092,
Block 1093, Block 1094, Block 1095, Block 1096, Block 1097, Block 1098,
Block 1099, Block 1100, Block 1101, Block 1102, Block 1103, Block 1104,
Block 1105, Block 1106, Block 1107, Block 1108, Block 1109, Block 1110,
Block 1111, Block 1112, Block 1113, Block 1114, Block 1115, Block 1116,
Block 1117, Block 1118, Block 1119, Block 1120, Block 1993, Block 1994,
Block 1995, Block 1996, Block 1997, Block 1998, Tract 731.08;
Block 1015, Thurston County (Part) - Tracts: 114.10, 114.20, 115.00,
116.10, 121.00, 122.20, 123.10, 123.20, 123.30, 124.10, Thurston County
(Part) - Block Groups Tract 112.00; Block Group 3, Tract 113.00;
Block Group 2, Tract 113.00; Block Group 3, Tract 113.00; Block Group 4,
Tract 116.20; Block Group 2, Tract 122.10; Block Group 1, Tract 122.10;
Block Group 2, Tract 122.10; Block Group 4, Tract 122.10; Block Group 5,
Tract 124.20; Block Group 1, Tract 125.00; Block Group 6, Thurston
County (Part) - Blocks: Tract 102.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1998, Block 1999, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3034, Block 3035, Tract 103.00; Block 3000, Block 3001,
Block 3002, Block 3017, Block 3018, Block 4006, Block 4007, Block 4008,
[Title 29 RCW—page 89]
Chapter 29.69C
Title 29 RCW: Elections
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4019, Block 4020, Block 4021, Block 4022, Block 4023,
Tract 112.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1999, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Tract 113.00; Block 1000, Block 1003,
Block 1004, Block 1005, Tract 116.20; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Block 4013, Block 4014, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4021, Block 4022, Block 4023,
Block 4024, Block 4025, Block 4026, Block 4027, Block 4028, Block 4999,
Tract 122.10; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Tract 124.20; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Tract 125.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1023, Block 1024, Block 1050,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2013,
Block 2014, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3025, Block 3046, Block 3047, Block 3048, Block 3049, Block 3051,
Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block 3057,
Block 3058, Block 3059, Block 3996, Block 3997, Block 3998, Block 3999,
Block 4018, Block 4019, Block 4020, Block 4185, Block 4186, Block 4187.
Chapter 29.70
LOCAL GOVERNMENT REDISTRICTING
Sections
29.70.100
Redistricting by counties, municipal corporations, and special purpose districts.
29.70.100 Redistricting by counties, municipal
corporations, and special purpose districts. (1) It is the
responsibility of each county, municipal corporation, and
special purpose district with a governing body comprised of
internal director, council, or commissioner districts not based
on statutorily required land ownership criteria to periodically
redistrict its governmental unit, based on population information from the most recent federal decennial census.
(2) Within forty-five days after receipt of federal
decennial census information applicable to a specific local
area, the commission established in RCW 44.05.030 shall
forward the census information to each municipal corporation, county, and district charged with redistricting under this
section.
(3) No later than eight months after its receipt of federal
decennial census data, the governing body of the municipal
corporation, county, or district shall prepare a plan for
redistricting its internal or director districts.
(4) The plan shall be consistent with the following
criteria:
(a) Each internal director, council, or commissioner
district shall be as nearly equal in population as possible to
each and every other such district comprising the municipal
corporation, county, or special purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of
favoring or disfavoring any racial group or political party.
(e) To the extent feasible and if not inconsistent with
the basic enabling legislation for the municipal corporation,
county, or district, the district boundaries shall coincide with
existing recognized natural boundaries and shall, to the
extent possible, preserve existing communities of related and
mutual interest.
(5) During the adoption of its plan, the municipal
corporation, county, or district shall ensure that full and
reasonable public notice of its actions is provided. The
municipal corporation, county, or district shall hold at least
one public hearing on the redistricting plan at least one week
before adoption of the plan.
(6)(a) Any registered voter residing in an area affected
by the redistricting plan may request review of the adopted
local plan by the superior court of the county in which he or
she resides, within forty-five days of the plan’s adoption.
Any request for review must specify the reason or reasons
alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county,
or district may be joined as respondent. The superior court
shall thereupon review the challenged plan for compliance
with the applicable redistricting criteria set out in subsection
(4) of this section.
(b) If the superior court finds the plan to be consistent
with the requirements of this section, the plan shall take
effect immediately.
(c) If the superior court determines the plan does not
meet the requirements of this section, in whole or in part, it
shall remand the plan for further or corrective action within
a specified and reasonable time period.
(d) If the superior court finds that any request for
review is frivolous or has been filed solely for purposes of
harassment or delay, it may impose appropriate sanctions on
the party requesting review, including payment of attorneys’
fees and costs to the respondent municipal corporation,
county, or district. [1984 c 13 § 4; 1983 c 16 § 15; 1982 c
2 § 27.]
Severability—1984 c 13: See RCW 44.05.902.
Contingent effective date—Severability—1983 c 16: See RCW
44.05.900 and 44.05.901.
Chapter 29.71
UNITED STATES PRESIDENTIAL ELECTORS
Sections
29.71.010
29.71.020
29.71.030
[Title 29 RCW—page 90]
Date of election—Number.
Nomination—Pledge by electors—What names on ballots—
How counted.
Counting and canvassing the returns.
(2002 Ed.)
United States Presidential Electors
29.71.040
29.71.050
Meeting—Time—Procedure—Voting for nominee of other
party, penalty.
Compensation.
29.71.010 Date of election—Number. On the
Tuesday next after the first Monday of November in the year
in which a president of the United States is to be elected
there shall be elected as many electors of president and vice
president of the United States as there are senators and
representatives in congress allotted to this state. [1965 c 9
§ 29.71.010. Prior: 1891 c 148 § 1; RRS § 5138.]
29.71.020 Nomination—Pledge by electors—What
names on ballots—How counted. In the year in which a
presidential election is held, each major political party and
each minor political party or independent candidate convention held under chapter 29.24 RCW that nominates candidates for president and vice-president of the United States
shall nominate presidential electors for this state. The party
or convention shall file with the secretary of state a certificate signed by the presiding officer of the convention at
which the presidential electors were chosen, listing the
names and addresses of the presidential electors. Each presidential elector shall execute and file with the secretary of
state a pledge that, as an elector, he or she will vote for the
candidates nominated by that party. The names of presidential electors shall not appear on the ballots. The votes cast
for candidates for president and vice-president of each political party shall be counted for the candidates for presidential
electors of that political party. [1990 c 59 § 69; 1977 ex.s.
c 238 § 1; 1965 c 9 § 29.71.020. Prior: 1935 c 20 § 1;
RRS § 5138-1.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.71.030 Counting and canvassing the returns.
The votes for candidates for president and vice president
shall be given, received, returned and canvassed as the same
are given, returned, and canvassed for candidates for
congress. The secretary of state shall prepare three lists of
names of electors elected and affix the seal of the state to
the same. Such lists shall be signed by the governor and
secretary of state and by the latter delivered to the college of
electors at the hour of their meeting. [1965 c 9 § 29.71.030.
Prior: 1935 c 20 § 2; RRS § 5139; prior: 1891 c 148 § 2.]
29.71.040 Meeting—Time—Procedure—Voting for
nominee of other party, penalty. The electors of the
president and vice president shall convene at the seat of government on the day fixed by federal statute, at the hour of
twelve o’clock noon of that day. If there is any vacancy in
the office of an elector occasioned by death, refusal to act,
neglect to attend, or otherwise, the electors present shall
immediately proceed to fill it by viva voce, and plurality of
votes. When all of the electors have appeared and the
vacancies have been filled they shall constitute the college
of electors of the state of Washington, and shall proceed to
perform the duties required of them by the Constitution and
laws of the United States. Any elector who votes for a
person or persons not nominated by the party of which he or
she is an elector shall be subject to a civil penalty of up to
(2002 Ed.)
Chapter 29.71
a fine of one thousand dollars. [1977 ex.s. c 238 § 2; 1965
c 9 § 29.71.040. Prior: 1909 c 22 § 1; 1891 c 148 § 3;
RRS § 5140.]
29.71.050 Compensation. Every presidential elector
who attends at the time and place appointed, and gives his
vote for president and vice president, shall be entitled to
receive from this state, five dollars for each day’s attendance
at the meeting of the college of electors, and ten cents per
mile for travel by the usually traveled route in going to and
returning from the place where the electors meet. [1965 c
9 § 29.71.050. Prior: 1891 c 148 § 4; RRS § 5141.]
Chapter 29.74
UNITED STATES CONSTITUTIONAL
AMENDMENT CONVENTIONS
Sections
29.74.010
29.74.020
29.74.030
29.74.040
29.74.050
29.74.060
29.74.070
29.74.080
29.74.090
29.74.100
29.74.110
29.74.120
29.74.130
29.74.140
29.74.150
Governor’s proclamation calling convention—When.
Governor’s proclamation calling convention—Publication.
Election of convention delegates—Date for, how fixed.
Time and place for holding convention.
Delegates—Number and qualifications.
Delegates—Declarations of candidacy.
Election of convention delegates—General procedure.
Election of convention delegates—Ballots.
Election of convention delegates—Qualifications of voters.
Election of convention delegates—Ascertaining election
result.
Meeting—Organization.
Quorum—Proceedings—Record.
Certification and transmittal of result.
Expenses—How paid—Delegates receive filing fee.
Federal statutes controlling.
29.74.010 Governor’s proclamation calling convention—When. Within thirty days after the state is officially
notified that the congress of the United States has submitted
to the several states a proposed amendment to the Constitution of the United States to be ratified or rejected by a
convention, the governor shall issue a proclamation fixing
the time and place for holding the convention and fixing the
time for holding an election to elect delegates to the convention. [1965 c 9 § 29.74.010. Prior: 1933 c 181 § 1, part;
RRS § 5249-1, part.]
29.74.020 Governor’s proclamation calling convention—Publication. The proclamation shall be published
once each week for two successive weeks in one newspaper
published and of general circulation in each of the congressional districts of the state. The first publication of the
proclamation shall be within thirty days of the receipt of
official notice by the state of the submission of the amendment. [1965 c 9 § 29.74.020. Prior: 1933 c 181 § 1, part;
RRS § 5249-1, part.]
29.74.030 Election of convention delegates—Date
for, how fixed. The date for holding the election of
delegates shall be not less than one month nor more than six
weeks prior to the date of holding the convention: PROVIDED, That if a general state election is to be held not
more than six months nor less than three months from the
date of official notice of submission to the state of the
[Title 29 RCW—page 91]
29.74.030
Title 29 RCW: Elections
proposed amendment, the governor must fix the date of the
general election as the date for the election of delegates to
the convention. [1965 c 9 § 29.74.030. Prior: (i) 1933 c
181 § 1, part; RRS § 5249-1, part. (ii) 1933 c 181 § 9; RRS
§ 5249-9.]
29.74.040 Time and place for holding convention.
The convention shall be held not less than five nor more
than eight months from the date of the first publication of
the proclamation provided for in RCW 29.74.020. It shall
be held in the chambers of the state house of representatives
unless the governor shall select some other place at the state
capitol. [1965 c 9 § 29.74.040. Prior: 1933 c 181 § 1,
part; RRS § 5249-1, part.]
29.74.050 Delegates—Number and qualifications.
Each state representative district shall be entitled to as many
delegates in the convention as it has members in the house
of representatives of the state legislature. No person shall be
qualified to act as a delegate in said convention who does
not possess the qualifications required of representatives in
the state legislature from the same district. [1965 c 9 §
29.74.050. Prior: 1933 c 181 § 2; RRS § 5249-2.]
Qualifications of legislators: State Constitution Art. 2 § 7.
Subversive activities, disqualification from holding public office: RCW
9.81.040.
29.74.060 Delegates—Declarations of candidacy.
Anyone desiring to file as a candidate for election as a
delegate to said convention shall, not less than thirty nor
more than sixty days prior to the date fixed for holding the
election, file his declaration of candidacy with the secretary
of state. Filing shall be made on a form to be prescribed by
the secretary of state and shall include a sworn statement of
the candidate that he is either for or against, as the case may
be, the amendment which will be submitted to a vote of the
convention and that he will, if elected as a delegate, vote in
accordance with his declaration. The form shall be so
worded that the candidate must give a plain unequivocal
statement of his views as either for or against the proposal
upon which he will, if elected, be called upon to vote. No
candidate shall in any such filing make any statement or
declaration as to his party politics or political faith or beliefs.
The fee for filing as a candidate shall be ten dollars and
shall be transmitted to the secretary of state with the filing
papers and be by the secretary of state transmitted to the
state treasurer for the use of the general fund. [1965 c 9 §
29.74.060. Prior: 1933 c 181 § 3; RRS § 5249-3.]
29.74.070 Election of convention delegates—General
procedure. The election of delegates to such convention
shall as far as practicable, be called, held and conducted,
except as otherwise in this chapter provided, in the same
manner as a general election under the election laws of this
state. [1965 c 9 § 29.74.070. Prior: 1933 c 181 § 4, part;
RRS § 5249-4, part.]
29.74.080 Election of convention delegates—Ballots.
The issue shall be identified as, "Delegates to a convention
for ratification or rejection of a proposed amendment to the
United States Constitution, relating . . . . . . . . . . . (stating
[Title 29 RCW—page 92]
briefly the substance of amendment proposed for adoption or
rejection)." The names of all candidates who have filed in
a district shall be printed on the ballots for that district in
two separate groups under the headings, "For the amendment" and "Against the amendment." The names of the
candidates in each group shall be printed in alphabetical
order. [1990 c 59 § 70; 1965 c 9 § 29.74.080. Prior: 1933
c 181 § 4, part; RRS § 5249-4, part.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Ballots: Chapter 29.30 RCW.
29.74.090 Election of convention delegates—
Qualifications of voters. Every person possessing the
qualifications entitling him to vote at an election for state
representatives, on the date of the election, shall be entitled
to vote thereat. [1965 c 9 § 29.74.090. Prior: 1933 c 181
§ 5; RRS § 5249-5.]
Only registered voters may vote—Exception: RCW 29.04.010.
Registration, information from voter as to qualifications: RCW 29.07.070.
Subversive activities, disqualification from voting: RCW 9.81.040.
29.74.100 Election of convention delegates—
Ascertaining election result. The election officials shall
count and determine the number of votes cast for each
individual; and shall also count and determine the aggregate
number of votes cast for all candidates whose names appear
under each of the respective headings. Where more than the
required number have been voted for, the ballot shall be
rejected. The figures determined by the various counts shall
be entered in the poll books of the respective precincts. The
vote shall be canvassed in each county by the county
canvassing board and certificate of results shall within
twelve days after the election be transmitted to the secretary
of state. Upon receiving such certificate, the secretary of
state shall have power to require returns or poll books from
any county precinct to be forwarded for his examination.
Where a district embraces precincts of more than one
county, the secretary of state shall combine the votes from
all the precincts included in each district. The delegates
elected in each district shall be the number of candidates,
corresponding to the number of state representatives from the
district, who receive the highest number of votes in the
group (either "for" or "against"), which received an aggregate number of votes for all candidates in the group greater
than the aggregate number of votes for all the candidates in
the other group, and the secretary of state shall issue
certificates of election, to the delegates so elected. [1965 c
9 § 29.74.100. Prior: 1933 c 181 § 6; RRS § 5249-6.]
29.74.110 Meeting—Organization. The convention
shall meet at the time and place fixed in the governor’s
proclamation. It shall be called to order by the secretary of
state, who shall then call the roll of the delegates and preside
over the convention until its president is elected. The oath
of office shall then be administered to the delegates by the
chief justice of the supreme court. As far as practicable, the
convention shall proceed under the rules adopted by the last
preceding session of the state senate. The convention shall
elect a president and a secretary and shall thereafter and
thereupon proceed to vote viva voce upon the proposition
(2002 Ed.)
United States Constitutional Amendment Conventions
submitted by the congress of the United States. [1965 c 9
§ 29.74.110. Prior: 1933 c 181 § 7, part; RRS § 5249-7,
part.]
29.74.120 Quorum—Proceedings—Record. Twothirds of the elected members of said convention shall
constitute a quorum to do business, and a majority of those
elected shall be sufficient to adopt or reject any proposition
coming before the convention. If such majority votes in
favor of the ratification of the amendment submitted to the
convention, the said amendment shall be deemed ratified by
the state of Washington; and if a majority votes in favor of
rejecting or not ratifying the amendment, the same shall be
deemed rejected by the state of Washington. [1965 c 9 §
29.74.120. Prior: 1933 c 181 § 8, part; RRS § 5249-8,
part.]
29.74.130 Certification and transmittal of result.
The vote of each member shall be recorded in the journal of
the convention, which shall be preserved by the secretary of
state as a public document. The action of the convention
shall be enrolled, signed by its president and secretary and
filed with the secretary of state and it shall be the duty of
the secretary of state to properly certify the action of the
convention to the congress of the United States as provided
by general law. [1965 c 9 § 29.74.130. Prior: (i) 1933 c
181 § 7, part; RRS § 5249-7, part. (ii) 1933 c 181 § 8, part;
RRS § 5249-8, part.]
29.74.140 Expenses—How paid—Delegates receive
filing fee. The delegates attending the convention shall be
paid the amount of their filing fee, upon vouchers approved
by the president and secretary of the convention and state
warrants issued thereon and payable from the general fund
of the state treasury. The delegates shall receive no other
compensation or mileage. All other necessary expenses of
the convention shall be payable from the general fund of the
state upon vouchers approved by the president and secretary
of the convention. [1965 c 9 § 29.74.140. Prior: 1933 c
181 § 10; RRS § 5249-10.]
29.74.150 Federal statutes controlling. If a congressional measure, which submits to the several states an
amendment to the Constitution of the United States for
ratification or rejection, provides for or requires a different
method of calling and holding conventions to ratify or reject
said amendment, the requirements of said congressional
measure shall be followed so far as they conflict with the
provisions of this chapter. [1965 c 9 § 29.74.150. Prior:
1933 c 181 § 11; RRS § 5249-11.]
Chapter 29.79
INITIATIVE AND REFERENDUM
Sections
29.79.010
29.79.015
29.79.020
29.79.030
(2002 Ed.)
Filing proposed measures with secretary of state.
Review of initiative measures by code reviser’s office—
Certificate of review required for assignment of serial
number.
Time for filing various types.
Numbering—Transmittal to attorney general.
29.74.110
29.79.035
29.79.040
29.79.050
29.79.060
29.79.070
Ballot title—Formulation, ballot display.
Ballot title and summary—Formulation by attorney general.
Ballot title and summary—Notice.
Ballot title and summary—Appeal to superior court.
Ballot title and summary—Mailed to proponents and other
persons—Appearance on petitions.
29.79.075 Fiscal impact statements.
29.79.080 Petitions—Paper—Size—Contents.
29.79.090 Petitions to legislature—Form.
29.79.100 Petitions to people—Form.
29.79.110 Referendum petitions—Form.
29.79.115 Warning statement—Further requirements.
29.79.120 Petitions—Signatures—Number necessary.
29.79.140 Petitions—Time for filing.
29.79.150 Petitions—Acceptance or rejection by secretary of state.
29.79.160 Petitions—Review of refusal to accept and file.
29.79.170 Petitions—Review—Appellate review of superior court’s
refusal to issue mandate.
29.79.180 Petitions—Destruction on final refusal.
29.79.190 Petitions—Consolidation into volumes.
29.79.200 Petitions—Verification and canvass of signatures, observers—Statistical sampling—Initiatives to legislature,
certification of.
29.79.210 Petitions to legislature—Count of signatures—Review.
29.79.230 Initiatives and referenda to voters—Certificates of sufficiency.
29.79.250 Referendum bills by legislature—Serial numbering.
29.79.270 Rejected initiative to legislature treated as referendum bill.
29.79.280 Substitute for rejected initiative treated as referendum bill.
29.79.290 Substitute for rejected initiative—Concise description.
29.79.300 Printing ballot titles on ballots—Order and form.
29.79.440 Violations by signers.
29.79.480 Violations by officers.
29.79.490 Violations—Corrupt practices.
29.79.500 Paid petition solicitors—Finding.
Ballot titles and summaries: RCW 29.27.057 through 29.27.067.
Cities and towns
ordinances by initiative petition, election on: RCW 35.17.260 through
35.17.360.
under commission form of government, franchises as subject to referendum: RCW 35.17.220.
under commission form of government, ordinances as subject to referendum, election on: RCW 35.17.230 through 35.17.250.
Initiative and referendum: State Constitution Art. 2 § 1 and 1A (Amendment 30).
Notice of constitutional amendments—Publication in newspapers and on
radio and television: RCW 29.27.072 through 29.27.076.
Vote necessary to validate initiative or referendum: RCW 29.62.130.
Voters’ pamphlet: Chapter 29.81 RCW.
29.79.010 Filing proposed measures with secretary
of state. If any legal voter of the state, either individually
or on behalf of an organization, desires to petition the
legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a
referendum of all or part of any act, bill, or law, passed by
the legislature be submitted to the people, he or she shall file
with the secretary of state a typewritten copy of the measure
proposed, or the act or part of such act on which a referendum is desired, accompanied by an affidavit that the
proposer is a legal voter and a filing fee prescribed under
RCW 43.07.120, as now or hereafter amended. [1982 c 116
§ 1; 1965 c 9 § 29.79.010. Prior: 1913 c 138 § 1, part;
RRS § 5397, part.]
29.79.015 Review of initiative measures by code
reviser’s office—Certificate of review required for
assignment of serial number. Upon receipt of any petition
proposing an initiative to the people or an initiative to the
[Title 29 RCW—page 93]
29.79.015
Title 29 RCW: Elections
legislature, and prior to giving a serial number thereto, the
secretary of state shall submit a copy thereof to the office of
the code reviser and give notice to the petitioner of such
transmittal. Upon receipt of the measure, the assistant code
reviser to whom it has been assigned may confer with the
petitioner and shall within seven working days from receipt
thereof review the proposal for matters of form and style,
and such matters of substantive import as may be agreeable
to the petitioner, and shall recommend to the petitioner such
revision or alteration of the measure as may be deemed
necessary and appropriate. The recommendations of the
reviser’s office shall be advisory only, and the petitioner
may accept or reject them in whole or in part. The code
reviser shall issue a certificate of review certifying that he
has reviewed the measure for form and style and that the
recommendations thereon, if any, have been communicated
to the petitioner, and such certificate shall issue whether or
not the petitioner accepts such recommendations. Within
fifteen working days after notification of submittal of the
petition to the reviser’s office, the petitioner, if he desires to
proceed with his sponsorship, shall file the measure together
with the certificate of review with the secretary of state for
assignment of serial number and the secretary of state shall
thereupon submit to the reviser’s office a certified copy of
the measure filed. Upon submitting the proposal to the
secretary of state for assignment of a serial number the
secretary of state shall refuse to make such assignment
unless the proposal is accompanied by a certificate of
review. [1982 c 116 § 2; 1973 c 122 § 2.]
Legislative finding—1973 c 122: "The legislature finds that the
initiative process reserving to the people the power to propose bills, laws
and to enact or reject the same at the polls, independent of the legislature,
is finding increased popularity with citizens of our state. The exercise of
this power concomitant with the power of the legislature requires coordination to avoid the duplication and confusion of laws. This legislation is
enacted especially to facilitate the operation of the initiative process." [1973
c 122 § 1.]
29.79.020 Time for filing various types. Initiative
measures proposed to be submitted to the people must be
filed with the secretary of state within ten months prior to
the election at which they are to be submitted, and the petitions therefor must be filed with the secretary of state not
less than four months before the next general statewide
election.
Initiative measures proposed to be submitted to the
legislature must be filed with the secretary of state within ten
months prior to the next regular session of the legislature at
which they are to be submitted and the petitions therefor
must be filed with the secretary of state not less than ten
days before such regular session of the legislature.
A petition ordering that any act or part thereof passed
by the legislature be referred to the people must be filed
with the secretary of state within ninety days after the final
adjournment of the legislative session at which the act was
passed. It may be submitted at the next general statewide
election or at a special election ordered by the legislature.
A proposed initiative or referendum measure may be
filed no earlier than the opening of the secretary of state’s
office for business pursuant to RCW 42.04.060 on the first
day filings are permitted, and any initiative or referendum
petition must be filed not later than the close of business on
the last business day in the specified period for submission
[Title 29 RCW—page 94]
of signatures. If a filing deadline falls on a Saturday, the
office of the secretary of state shall be open on that Saturday
for the transaction of business under this section from 8:00
a.m. to 5:00 p.m. on that Saturday. [1987 c 161 § 1; 1965
c 9 § 29.79.020. Prior: (i) 1913 c 138 § 1, part; RRS §
5397, part. (ii) 1913 c 138 § 6, part; RRS § 5402, part. (iii)
1913 c 138 § 5, part; RRS § 5401, part. (iv) 1913 c 138 §
7, part; RRS § 5403, part.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
Petitions—Time for filing: RCW 29.79.140.
29.79.030 Numbering—Transmittal to attorney
general. The secretary of state shall give a serial number to
each initiative or referendum measure, using a separate series
for initiatives to the legislature, initiatives to the people, and
referendum measures, and forthwith transmit one copy of the
measure proposed bearing its serial number to the attorney
general. Thereafter a measure shall be known and designated on all petitions, ballots, and proceedings as "Initiative
Measure No. . . . ." or "Referendum Measure No. . . . .".
[1982 c 116 § 3; 1965 c 9 § 29.79.030. Prior: 1913 c 138
§ 1, part; RRS § 5397, part.]
29.79.035 Ballot title—Formulation, ballot display.
(1) The ballot title for an initiative to the people, an initiative
to the legislature, a referendum bill, or a referendum measure consists of: (a) A statement of the subject of the
measure; (b) a concise description of the measure; and (c) a
question in the form prescribed in this section for the ballot
measure in question. The statement of the subject of a
measure must be sufficiently broad to reflect the subject of
the measure, sufficiently precise to give notice of the
measure’s subject matter, and not exceed ten words. The
concise description must contain no more than thirty words,
be a true and impartial description of the measure’s essential
contents, clearly identify the proposition to be voted on, and
not, to the extent reasonably possible, create prejudice either
for or against the measure.
(2) For an initiative to the people, or for an initiative to
the legislature for which the legislature has not proposed an
alternative, the ballot title must be displayed on the ballot
substantially as follows:
"Initiative Measure No. . . . concerns (statement of
subject). This measure would (concise description).
Should this measure be enacted into law?
Yes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
(3) For an initiative to the legislature for which the
legislature has proposed an alternative, the ballot title must
be displayed on the ballot substantially as follows:
"Initiative Measure Nos. . . . and . . .B concern
(statement of subject).
Initiative Measure No. . . . would (concise description).
As an alternative, the legislature has proposed
Initiative Measure No. . . .B, which would (concise
description).
(2002 Ed.)
Initiative and Referendum
1. Should either of these measures be enacted into law?
Yes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Regardless of whether you voted yes or no above, if
one of these measures is enacted, which one should it
be?
Measure No.
or
Measure No.
.........................
.........................
"
(4) For a referendum bill submitted to the people by the
legislature, the ballot issue must be displayed on the ballot
substantially as follows:
"The legislature has passed . . . . Bill No. . . .
concerning (statement of subject). This bill would
(concise description). Should this bill be:
Approved . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
(5) For a referendum measure by state voters on a bill
the legislature has passed, the ballot issue must be displayed
on the ballot substantially as follows:
"The legislature passed . . . Bill No. . . . concerning
(statement of subject) and voters have filed a
sufficient referendum petition on this bill. This bill
would (concise description). Should this bill be:
Approved . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
(6) The legislature may specify the statement of subject
or concise description, or both, in a referendum bill that it
refers to the people. The legislature may specify the concise
description for an alternative it submits for an initiative to
the legislature. If the legislature fails to specify these
matters, the attorney general shall prepare the material that
was not specified. The statement of subject and concise
description as so provided must be included as part of the
ballot title unless changed on appeal.
The attorney general shall specify the statement of
subject and concise description for an initiative to the people,
an initiative to the legislature, and a referendum measure.
The statement of subject and concise description as so
provided must be included as part of the ballot title unless
changed on appeal. [2000 c 197 § 1.]
Part headings not law—2000 c 197: "Part headings used in this act
are not part of the law." [2000 c 197 § 17.]
29.79.040 Ballot title and summary—Formulation
by attorney general. Within five days after the receipt of
an initiative or referendum the attorney general shall formulate the ballot title, or portion of the ballot title that the
legislature has not provided, required by RCW 29.79.035 and
a summary of the measure, not to exceed seventy-five words,
and transmit the serial number for the measure, complete
ballot title, and summary to the secretary of state. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits in this section. [2000 c 197 § 2; 1993
c 256 § 9; 1982 c 116 § 4; 1973 1st ex.s. c 118 § 2; 1965 c
9 § 29.79.040. Prior: 1953 c 242 § 2; 1913 c 138 § 2; RRS
§ 5398.]
(2002 Ed.)
29.79.035
Part headings not law—2000 c 197: See note following RCW
29.79.035.
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
Ballot titles to other state and local measures: RCW 29.27.057 through
29.27.067.
29.79.050 Ballot title and summary—Notice. Upon
the filing of the ballot title and summary for a state initiative
or referendum measure in the office of secretary of state, the
secretary of state shall notify by telephone and by mail, and,
if requested, by other electronic means, the person proposing
the measure, the prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the
house of representatives, the secretary of the senate, and any
other individuals who have made written request for such
notification of the exact language of the ballot title and
summary. [2000 c 197 § 3; 1982 c 116 § 5; 1973 1st ex.s.
c 118 § 3; 1965 c 9 § 29.79.050. Prior: 1913 c 138 § 3,
part; RRS § 5399, part.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.79.060 Ballot title and summary—Appeal to
superior court. Any persons, including the attorney general
or either or both houses of the legislature, dissatisfied with
the ballot title or summary for a state initiative or referendum may, within five days from the filing of the ballot title
in the office of the secretary of state appeal to the superior
court of Thurston county by petition setting forth the
measure, the ballot title or summary, and their objections to
the ballot title or summary and requesting amendment of the
ballot title or summary by the court. Saturdays, Sundays,
and legal holidays are not counted in calculating the time
limits contained in this section.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the
secretary of state, upon the attorney general, and upon the
person proposing the measure if the appeal is initiated by
someone other than that person. Upon the filing of the
petition on appeal or at the time to which the hearing may
be adjourned by consent of the appellant, the court shall
accord first priority to examining the proposed measure, the
ballot title or summary, and the objections to that ballot title
or summary, may hear arguments, and shall, within five
days, render its decision and file with the secretary of state
a certified copy of such ballot title or summary as it determines will meet the requirements of RCW 29.79.040. The
decision of the superior court shall be final. Such appeal
shall be heard without costs to either party. [2000 c 197 §
4; 1982 c 116 § 6; 1965 c 9 § 29.79.060. Prior: 1913 c 138
§ 3, part; RRS § 5399, part.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.79.070 Ballot title and summary—Mailed to
proponents and other persons—Appearance on petitions.
When the ballot title and summary are finally established,
the secretary of state shall file the instrument establishing it
with the proposed measure and transmit a copy thereof by
mail to the person proposing the measure, the chief clerk of
the house of representatives, the secretary of the senate, and
[Title 29 RCW—page 95]
29.79.070
Title 29 RCW: Elections
to any other individuals who have made written request for
such notification. Thereafter such ballot title shall be the
title of the measure in all petitions, ballots, and other
proceedings in relation thereto. The summary shall appear
on all petitions directly following the ballot title. [2000 c
197 § 5; 1982 c 116 § 7; 1965 c 9 § 29.79.070. Prior:
1913 c 138 § 4, part; RRS § 5400, part.]
WARNING
Every person who signs this petition with any other than
his or her true name, knowingly signs more than one of
these petitions, signs this petition when he or she is not a
legal voter, or makes any false statement on this petition
may be punished by fine or imprisonment or both.
INITIATIVE PETITION FOR
SUBMISSION TO THE LEGISLATURE
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.79.075 Fiscal impact statements. The office of
financial management, in consultation with the secretary of
state, the attorney general, and any other appropriate state or
local agency, shall prepare a fiscal impact statement for each
of the following state ballot measures: (1) An initiative to
the people that is certified to the ballot; (2) an initiative to
the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature
proposes to an initiative to the legislature; (4) a referendum
bill referred to voters by the legislature; and (5) a referendum measure appearing on the ballot. Fiscal impact statements must be written in clear and concise language and
avoid legal and technical terms when possible, and may
include easily understood graphics.
A fiscal impact statement must describe any projected
increase or decrease in revenues, costs, expenditures, or
indebtedness that the state or local governments will experience if the ballot measure were approved by state voters.
Where appropriate, a fiscal impact statement may include
both estimated dollar amounts and a description placing the
estimated dollar amounts into context. A fiscal impact
statement must include both a summary of not to exceed one
hundred words and a more detailed statement that includes
the assumptions that were made to develop the fiscal
impacts.
Fiscal impact statements must be available online from
the secretary of state’s web site and included in the state
voters’ pamphlet. [2002 c 139 § 1.]
29.79.080 Petitions—Paper—Size—Contents. The
person proposing the measure shall print blank petitions
upon single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven
inches in width and not less than fourteen inches in length.
Each petition at the time of circulating, signing, and filing
with the secretary of state shall consist of not more than one
sheet with numbered lines for not more than twenty signatures, with the prescribed warning and title, shall be in the
form required by RCW 29.79.090, 29.79.100, or 29.79.110,
as now or hereafter amended, and shall have a full, true, and
correct copy of the proposed measure referred to therein
printed on the reverse side of the petition. [1982 c 116 § 8;
1973 1st ex.s. c 118 § 4; 1965 c 9 § 29.79.080. Prior: (i)
1913 c 138 § 4, part; RRS § 5400, part. (ii) 1913 c 138 §
9; RRS § 5405.]
29.79.090 Petitions to legislature—Form. Petitions
for proposing measures for submission to the legislature at
its next regular session, shall be substantially in the following form:
[Title 29 RCW—page 96]
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the
State of Washington, respectfully direct that this petition and
the proposed measure known as Initiative Measure No. . . . .
and entitled (here set forth the established ballot title of the
measure), a full, true, and correct copy of which is printed
on the reverse side of this petition, be transmitted to the
legislature of the State of Washington at its next ensuing
regular session, and we respectfully petition the legislature
to enact said proposed measure into law; and each of us for
himself or herself says: I have personally signed this
petition; I am a legal voter of the State of Washington in the
city (or town) and county written after my name, my
residence address is correctly stated, and I have knowingly
signed this petition only once.
Petitioner’s
signature
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town
County
(Here follow 20 numbered lines divided into columns as
below.)
1–
––––––––––––––––––––––––––––
2–
––––––––––––––––––––––––––––
3– –
etc.
–––––––––––––––––––––––––––
[1982 c 116 § 9; 1965 c 9 § 29.79.090. Prior: 1913 c 138
§ 5, part; RRS § 5401, part.]
29.79.100 Petitions to people—Form. Petitions for
proposing measures for submission to the people for their
approval or rejection at the next ensuing general election,
shall be substantially in the following form:
WARNING
Every person who signs this petition with any other than
his or her true name, knowingly signs more than one of
these petitions, signs this petition when he or she is not a
legal voter, or makes any false statement on this petition
may be punished by fine or imprisonment or both.
INITIATIVE PETITION FOR
SUBMISSION TO THE PEOPLE
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
(2002 Ed.)
Initiative and Referendum
We, the undersigned citizens and legal voters of the
State of Washington, respectfully direct that the proposed
measure known as Initiative Measure No. . . . ., entitled
(here insert the established ballot title of the measure), a full,
true and correct copy of which is printed on the reverse side
of this petition, be submitted to the legal voters of the State
of Washington for their approval or rejection at the general
election to be held on the . . . . . day of November, 19. . .;
and each of us for himself or herself says: I have personally
signed this petition; I am a legal voter of the State of
Washington, in the city (or town) and county written after
my name, my residence address is correctly stated, and I
have knowingly signed this petition only once.
Petitioner’s
signature
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town
County
(Here follow 20 numbered lines divided into columns as below.)
1–
––––––––––––––––––––––––––––
2–
––––––––––––––––––––––––––––
3– –
etc.
–––––––––––––––––––––––––––
[1982 c 116 § 10; 1965 c 9 § 29.79.100. Prior: 1913 c 138
§ 6, part; RRS § 5402, part.]
29.79.110 Referendum petitions—Form. Petitions
ordering that acts or parts of acts passed by the legislature be
referred to the people at the next ensuing general election, or
special election ordered by the legislature, shall be substantially in the following form:
WARNING
Every person who signs this petition with any other than
his or her true name, knowingly signs more than one of
these petitions, signs this petition when he or she is not a
legal voter, or makes any false statement on this petition
may be punished by fine or imprisonment or both.
PETITION FOR REFERENDUM
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the
State of Washington, respectfully order and direct that
Referendum Measure No. . . . . ., filed to revoke a (or part
or parts of a) bill that (concise statement required by *RCW
29.79.055) and that was passed by the . . . . . . legislature of
the State of Washington at the last regular (special) session
of said legislature, shall be referred to the people of the state
for their approval or rejection at the regular (special) election
to be held on the . . . . day of November, 19. . .; and each
of us for himself or herself says: I have personally signed
this petition; I am a legal voter of the State of Washington,
in the city (or town) and county written after my name, my
residence address is correctly stated, and I have knowingly
signed this petition only once.
(2002 Ed.)
Petitioner’s
signature
29.79.100
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town
County
(Here follow 20 numbered lines divided into columns as below.)
1–
––––––––––––––––––––––––––––
2–
––––––––––––––––––––––––––––
3– –
etc.
–––––––––––––––––––––––––––
[1993 c 256 § 10; 1982 c 116 § 11; 1965 c 9 § 29.79.110.
Prior: 1913 c 138 § 7, part; RRS § 5403, part.]
*Reviser’s note: RCW 29.79.055 was recodified as RCW 29.27.066
pursuant to 2000 c 197 § 16.
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
29.79.115 Warning statement—Further requirements. The word "warning" and the warning statement
regarding signing petitions that must appear on petitions as
prescribed by RCW 29.79.090, 29.79.100, and 29.79.110
shall be printed on each petition sheet such that they occupy
not less than four square inches of the front of the petition
sheet. [1993 c 256 § 5.]
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
29.79.120 Petitions—Signatures—Number necessary. When the person proposing any initiative measure has
secured upon such initiative petition a number of signatures
of legal voters equal to or exceeding eight percent of the
votes cast for the office of governor at the last regular
gubernatorial election prior to the submission of the signatures for verification, or when the person or organization
demanding any referendum of an act of the legislature or any
part thereof has secured upon any such referendum petition
a number of signatures of legal voters equal to or exceeding
four percent of the votes cast for the office of governor at
the last regular gubernatorial election prior to the submission
of the signatures for verification, he or they may submit the
petition to the secretary of state for filing. [1982 c 116 §
12; 1965 c 9 § 29.79.120. Prior: 1913 c 138 § 11, part;
RRS § 5407, part. See also State Constitution Art. 2 § 1A
(Amendment 30), (L. 1955, p. 1860, S.J.R. No. 4).]
29.79.140 Petitions—Time for filing. The time for
submitting initiative or referendum petitions to the secretary
of state for filing is as follows:
(1) A referendum petition ordering and directing that the
whole or some part or parts of an act passed by the legislature be referred to the people for their approval or rejection
at the next ensuing general election or a special election
ordered by the legislature, must be submitted not more than
ninety days after the final adjournment of the session of the
legislature which passed the act;
(2) An initiative petition proposing a measure to be
submitted to the people for their approval or rejection at the
[Title 29 RCW—page 97]
29.79.140
Title 29 RCW: Elections
next ensuing general election, must be submitted not less
than four months before the date of such election;
(3) An initiative petition proposing a measure to be
submitted to the legislature at its next ensuing regular
session must be submitted not less than ten days before the
commencement of the session. [1965 c 9 § 29.79.140.
Prior: 1913 c 138 § 12, part; RRS § 5408, part.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
Measures, petitions, time for filing various types: RCW 29.79.020.
29.79.150 Petitions—Acceptance or rejection by
secretary of state. The secretary of state may refuse to file
any initiative or referendum petition being submitted upon
any of the following grounds:
(1) That the petition is not in the form required by
RCW 29.79.090, 29.79.100, or 29.79.110 as now or hereafter
amended.
(2) That the petition clearly bears insufficient signatures.
(3) That the time within which the petition may be filed
has expired.
In case of such refusal, the secretary of state shall
endorse on the petition the word "submitted" and the date,
and retain the petition pending appeal.
If none of the grounds for refusal exists, the secretary
of state must accept and file the petition. [1982 c 116 § 13;
1965 c 9 § 29.79.150. Prior: (i) 1913 c 138 § 11, part;
RRS § 5407, part. (ii) 1913 c 138 § 12, part; RRS § 5408,
part.]
29.79.160 Petitions—Review of refusal to accept
and file. If the secretary of state refuses to file an initiative
or referendum petition when submitted to him for filing, the
persons submitting it for filing may, within ten days after his
refusal, apply to the superior court of Thurston county for a
citation requiring the secretary of state to bring the petitions
before the court, and for a writ of mandate to compel him to
file it. The application shall take precedence over other
cases and matters and shall be speedily heard and determined.
If the court issues the citation, and determines that the
petition is legal in form and apparently contains the requisite
number of signatures and was submitted for filing within the
time prescribed in the Constitution, it shall issue its mandate
requiring the secretary of state to file it in his office as of
the date of submission for filing.
The decision of the superior court granting a writ of
mandate shall be final. [1965 c 9 § 29.79.160. Prior: 1913
c 138 § 13, part; RRS § 5409, part.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
29.79.170 Petitions—Review—Appellate review of
superior court’s refusal to issue mandate. The decision of
the superior court refusing to grant a writ of mandate, may
be reviewed by the supreme court within five days after the
decision of the superior court. The review shall be considered an emergency matter of public concern, and shall be
heard and determined with all convenient speed, and if the
supreme court decides that the petitions are legal in form and
apparently contain the requisite number of signatures of legal
[Title 29 RCW—page 98]
voters, and were filed within the time prescribed in the
Constitution, it shall issue its mandate directing the secretary
of state to file the petition in his office as of the date of
submission. [1988 c 202 § 28; 1965 c 9 § 29.79.170. Prior:
1913 c 138 § 13, part; RRS § 5409, part.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29.79.180 Petitions—Destruction on final refusal.
If no appeal is taken from the refusal of the secretary of
state to file a petition within the time prescribed, or if an
appeal is taken and the secretary of state is not required to
file the petition by the mandate of either the superior or the
supreme court, the secretary of state shall destroy it. [1965
c 9 § 29.79.180. Prior: 1913 c 138 § 13, part; RRS § 5409,
part.]
29.79.190 Petitions—Consolidation into volumes. If
the secretary of state accepts and files an initiative or
referendum petition upon its being submitted for filing or if
he or she is required to file it by the court, he or she shall,
in the presence of the person submitting such petition for
filing if he or she desires to be present, arrange and assemble the sheets containing the signatures into such volumes as
will be most convenient for verification and canvassing and
shall consecutively number the volumes and stamp the date
of filing on each volume. [1982 c 116 § 14; 1965 c 9 §
29.79.190. Prior: 1913 c 138 § 14; RRS § 5410.]
29.79.200 Petitions—Verification and canvass of
signatures, observers—Statistical sampling—Initiatives to
legislature, certification of. Upon the filing of an initiative
or referendum petition, the secretary of state shall proceed to
verify and canvass the names of the legal voters on the
petition. The verification and canvass of signatures on the
petition may be observed by persons representing the
advocates and opponents of the proposed measure so long as
they make no record of the names, addresses, or other
information on the petitions or related records during the
verification process except upon the order of the superior
court of Thurston county. The secretary of state may limit
the number of observers to not less than two on each side,
if in his or her opinion, a greater number would cause undue
delay or disruption of the verification process. Any such
limitation shall apply equally to both sides. The secretary of
state may use any statistical sampling techniques for this
verification and canvass which have been adopted by rule as
provided by chapter 34.05 RCW. No petition will be
rejected on the basis of any statistical method employed, and
no petition will be accepted on the basis of any statistical
method employed if such method indicates that the petition
contains fewer than the requisite number of signatures of
legal voters. If the secretary of state finds the same name
signed to more than one petition, he or she shall reject all
but the first such valid signature. For an initiative to the
legislature, the secretary of state shall transmit a certified
copy of the proposed measure to the legislature at the
opening of its session and, as soon as the signatures on the
petition have been verified and canvassed, the secretary of
state shall send to the legislature a certificate of the facts
relating to the filing, verification, and canvass of the petition.
(2002 Ed.)
Initiative and Referendum
[1993 c 368 § 1; 1982 c 116 § 15; 1977 ex.s. c 361 § 105;
1969 ex.s. c 107 § 1; 1965 c 9 § 29.79.200. Prior: 1933 c
144 § 1; 1913 c 138 § 15; RRS § 5411.]
Effective date—1993 c 368: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 368 § 2.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
29.79.210 Petitions to legislature—Count of signatures—Review. Any citizen dissatisfied with the determination of the secretary of state that an initiative or referendum
petition contains or does not contain the requisite number of
signatures of legal voters may, within five days after such
determination, apply to the superior court of Thurston county
for a citation requiring the secretary of state to submit the
petition to said court for examination, and for a writ of
mandate compelling the certification of the measure and
petition, or for an injunction to prevent the certification
thereof to the legislature, as the case may be. Such application and all proceedings had thereunder shall take precedence
over other cases and shall be speedily heard and determined.
The decision of the superior court granting or refusing
to grant the writ of mandate or injunction may be reviewed
by the supreme court within five days after the decision of
the superior court, and if the supreme court decides that a
writ of mandate or injunction, as the case may be, should
issue, it shall issue the writ directed to the secretary of state;
otherwise, it shall dismiss the proceedings. The clerk of the
supreme court shall forthwith notify the secretary of state of
the decision of the supreme court. [1988 c 202 § 29; 1965
c 9 § 29.79.210. Prior: 1913 c 138 § 17; RRS § 5413.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29.79.230 Initiatives and referenda to voters—
Certificates of sufficiency. If a referendum or initiative
petition for submission of a measure to the people is found
sufficient, the secretary of state shall at the time and in the
manner that he certifies to the county auditors of the various
counties the names of candidates for state and district
officers certify to each county auditor the serial numbers and
ballot titles of the several initiative and referendum measures
to be voted upon at the next ensuing general election or
special election ordered by the legislature. [1965 c 9 §
29.79.230. Prior: 1913 c 138 § 19; RRS § 5415.]
29.79.250 Referendum bills by legislature—Serial
numbering. Whenever any bill passed by the legislature
shall be by the legislature referred to the people for their
approval or rejection at the next ensuing general election or
at a special election ordered by the legislature, the secretary
of state shall give such bill a serial number, using a separate
series, such series being designated "Referendum bills."
[1965 c 9 § 29.79.250. Prior: 1913 c 138 § 20, part; RRS
§ 5416, part.]
29.79.270 Rejected initiative to legislature treated
as referendum bill. Whenever any measure proposed by
initiative petition for submission to the legislature is rejected
(2002 Ed.)
29.79.200
by the legislature or the legislature takes no action thereon
before the end of the regular session at which it is submitted,
the secretary of state shall certify the serial number and
ballot title thereof to the county auditors for printing on the
ballots at the next ensuing general election in like manner as
initiative measures for submission to the people are certified.
[1965 c 9 § 29.79.270. Prior: 1913 c 138 § 21; RRS §
5417.]
29.79.280 Substitute for rejected initiative treated
as referendum bill. If the legislature, having rejected a
measure submitted to it by initiative petition, proposes a
different measure dealing with the same subject, the secretary of state shall give that measure the same number as that
borne by the initiative measure followed by the letter "B."
Such measure so designated as "Alternative Measure No.
. . . . B," together with the ballot title thereof, when ascertained, shall be certified by the secretary of state to the
county auditors for printing on the ballots for submission to
the voters for their approval or rejection in like manner as
initiative measures for submission to the people are certified.
[1965 c 9 § 29.79.280. Prior: 1913 c 138 § 22, part; RRS
§ 5418, part.]
29.79.290 Substitute for rejected initiative—Concise
description. For a measure designated as "Alternative
Measure No. . . . . B," the secretary of state shall obtain
from the measure adopting the alternative, or otherwise the
attorney general, a concise description of the alternative
measure that differs from the concise description of the
original initiative and indicates as clearly as possible the
essential differences between the two measures. [2000 c 197
§ 6; 1965 c 9 § 29.79.290. Prior: 1913 c 138 § 22, part;
RRS § 5418, part.]
Part headings not law—2000 c 197: See note following RCW
29.79.035.
29.79.300 Printing ballot titles on ballots—Order
and form. The county auditor of each county shall cause to
be printed on the official ballots for the election at which
initiative and referendum measures are to be submitted to the
people for their approval or rejection the serial numbers and
ballot titles, certified by the secretary of state. They shall
appear under separate headings in the order of the serial
numbers as follows:
(1) Measures proposed for submission to the people by
initiative petition shall be under the heading, "Proposed by
Initiative Petition";
(2) Bills passed by the legislature and ordered referred
to the people by referendum petition shall be under the
heading, "Passed by the Legislature and Ordered Referred by
Petition";
(3) Bills passed and referred to the people by the
legislature shall be under the heading, "Proposed to the
People by the Legislature";
(4) Measures proposed to the legislature and rejected or
not acted upon shall be under the heading, "Proposed to the
Legislature and Referred to the People";
(5) Measures proposed to the legislature and alternative
measures passed by the legislature in lieu thereof shall be
under the heading, "Initiated by Petition and Alternative by
[Title 29 RCW—page 99]
29.79.300
Title 29 RCW: Elections
Legislature." [1965 c 9 § 29.79.300. Prior: 1913 c 138 §
23; RRS § 5419.]
29.79.440 Violations by signers. Every person who
signs an initiative or referendum petition with any other than
his or her true name shall be guilty of a class C felony
punishable under RCW 9A.20.021. Every person who
knowingly signs more than one petition for the same
initiative or referendum measure or who signs an initiative
or referendum petition knowing that he or she is not a legal
voter or who makes a false statement as to his or her
residence on any initiative or referendum petition, shall be
guilty of a gross misdemeanor punishable to the same extent
as a gross misdemeanor that is punishable under RCW
9A.20.021. [1993 c 256 § 2; 1965 c 9 § 29.79.440. Prior:
1913 c 138 § 31; RRS § 5427. Formerly also RCW
29.79.450, 29.79.460, and 29.79.470.]
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
Misconduct in signing a petition: RCW 9.44.080.
Only registered voters may vote—Exception: RCW 29.04.010.
Registration, information from voter as to qualifications: RCW 29.07.070.
Residence
contingencies affecting: State Constitution Art. 6 § 4.
defined: RCW 29.01.140.
29.79.480 Violations by officers. Every officer who
willfully violates any of the provisions of this chapter or
chapter 29.81 RCW, for the violation of which no penalty is
herein prescribed, or who willfully fails to comply with the
provisions of this chapter or chapter 29.81 RCW, shall be
guilty of a gross misdemeanor punishable to the same extent
as a gross misdemeanor that is punishable under RCW
9A.20.021. [1993 c 256 § 3; 1965 c 9 § 29.79.480. Prior:
1913 c 138 § 32, part; RRS § 5428, part.]
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
29.79.490 Violations—Corrupt practices. Every
person shall be guilty of a gross misdemeanor who:
(1) For any consideration or gratuity or promise thereof,
signs or declines to sign any initiative or referendum
petition; or
(2) Provides or receives consideration for soliciting or
procuring signatures on an initiative or referendum petition
if any part of the consideration is based upon the number of
signatures solicited or procured, or offers to provide or
agrees to receive such consideration any of which is based
on the number of signatures solicited or procured; or
(3) Gives or offers any consideration or gratuity to any
person to induce him or her to sign or not to sign or to vote
for or against any initiative or referendum measure; or
(4) Interferes with or attempts to interfere with the right
of any voter to sign or not to sign an initiative or referendum
petition or with the right to vote for or against an initiative
or referendum measure by threats, intimidation, or any other
corrupt means or practice; or
(5) Receives, handles, distributes, pays out, or gives
away, directly or indirectly, money or any other thing of
value contributed by or received from any person, firm,
association, or corporation whose residence or principal
[Title 29 RCW—page 100]
office is, or the majority of whose members or stockholders
have their residence outside, the state of Washington, for any
service rendered for the purpose of aiding in procuring
signatures upon any initiative or referendum petition or for
the purpose of aiding in the adoption or rejection of any initiative or referendum measure: PROVIDED, That this
subsection shall not apply to or prohibit any activity which
is properly reported in accordance with the applicable
provisions of chapter 42.17 RCW.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [1993 c 256 § 4; 1975-’76 2nd ex.s.
c 112 § 2; 1965 c 9 § 29.79.490. Prior: 1913 c 138 § 32,
part; RRS § 5428, part.]
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
Construction—Severability—1975-’76 2nd ex.s. c 112: See RCW
42.17.945 and 42.17.912.
Hindering or bribing voter: RCW 29.85.060.
Influencing voter to withhold vote: RCW 29.85.070.
Misconduct in signing a petition: RCW 9.44.080.
29.79.500 Paid petition solicitors—Finding. The
legislature finds that paying a worker, whose task it is to
secure the signatures of voters on initiative or referendum
petitions, on the basis of the number of signatures the
worker secures on the petitions encourages the introduction
of fraud in the signature gathering process. Such a form of
payment may act as an incentive for the worker to encourage
a person to sign a petition which the person is not qualified
to sign or to sign a petition for a ballot measure even if the
person has already signed a petition for the measure. Such
payments also threaten the integrity of the initiative and
referendum process by providing an incentive for misrepresenting the nature or effect of a ballot measure in securing
petition signatures for the measure. [1993 c 256 § 1.]
Severability—1993 c 256: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 256 § 15.]
Effective date—1993 c 256: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 7, 1993]." [1993 c 256 § 16.]
Chapter 29.81
VOTERS’ PAMPHLET
Sections
29.81.210
29.81.220
29.81.230
29.81.240
29.81.250
29.81.260
29.81.270
29.81.280
29.81.290
29.81.300
29.81.310
29.81.320
Printing and distribution.
Contents.
Explanatory statements.
Arguments.
Format, layout, contents.
Amendatory style.
Deadlines.
Arguments—Rejection, dispute.
Arguments—Public inspection.
Photographs.
Candidates’ statements—Length.
Procedural rules.
29.81.210 Printing and distribution. The secretary
of state shall, whenever at least one statewide measure or
(2002 Ed.)
Voters’ Pamphlet
office is scheduled to appear on the general election ballot,
print and distribute a voters’ pamphlet.
The secretary of state shall distribute the voters’
pamphlet to each household in the state, to public libraries,
and to any other locations he or she deems appropriate. The
secretary of state shall also produce taped or Braille transcripts of the voters’ pamphlet, publicize their availability,
and mail without charge a copy to any person who requests
one.
The secretary of state may make the material required
to be distributed by this chapter available to the public in
electronic form. The secretary of state may provide the
material in electronic form to computer bulletin boards, print
and broadcast news media, community computer networks,
and similar services at the cost of reproduction or transmission of the data. [1999 c 260 § 1.]
29.81.220 Contents. The voters’ pamphlet must
contain:
(1) Information about each ballot measure initiated by
or referred to the voters for their approval or rejection as
required by RCW 29.81.250;
(2) In even-numbered years, statements, if submitted,
advocating the candidacies of nominees for the office of
president and vice-president of the United States, United
States senator, United States representative, governor,
lieutenant governor, secretary of state, state treasurer, state
auditor, attorney general, commissioner of public lands,
superintendent of public instruction, insurance commissioner,
state senator, state representative, justice of the supreme
court, judge of the court of appeals, or judge of the superior
court. Candidates may also submit a campaign mailing
address and telephone number and a photograph not more
than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the
voters’ pamphlet;
(3) In odd-numbered years, if any office voted upon
statewide appears on the ballot due to a vacancy, then
statements and photographs for candidates for any vacant
office listed in subsection (2) of this section must appear;
(4) In even-numbered years, a section explaining how
voters may participate in the election campaign process; the
address and telephone number of the public disclosure
commission established under RCW 42.17.350; and a
summary of the disclosure requirements that apply when
contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and
telephone number of each political party with nominees
listed in the pamphlet, if filed with the secretary of state by
the state committee of a major political party or the presiding officer of the convention of a minor political party;
(6) In each odd-numbered year immediately before a
year in which a president of the United States is to be
nominated and elected, information explaining the precinct
caucus and convention process used by each major political
party to elect delegates to its national presidential candidate
nominating convention. The pamphlet must also provide a
description of the statutory procedures by which minor
political parties are formed and the statutory methods used
by the parties to nominate candidates for president;
(2002 Ed.)
29.81.210
(7) In even-numbered years, a description of the office
of precinct committee officer and its duties;
(8) An application form for an absentee ballot;
(9) A brief statement explaining the deletion and
addition of language for proposed measures under RCW
29.81.260;
(10) Any additional information pertaining to elections
as may be required by law or in the judgment of the secretary of state is deemed informative to the voters. [1999 c
260 § 2.]
29.81.230 Explanatory statements. (1) Explanatory
statements prepared by the attorney general under RCW
29.81.250 (3) and (4) must be written in clear and concise
language, avoiding legal and technical terms when possible,
and filed with the secretary of state.
(2) When the explanatory statement for a measure
initiated by petition is filed with the secretary of state, the
secretary of state shall immediately provide the text of the
explanatory statement to the person proposing the measure
and any others who have made written request for notification of the exact language of the explanatory statement.
When the explanatory statement for a measure referred to the
ballot by the legislature is filed with the secretary of state,
the secretary of state shall immediately provide the text of
the explanatory statement to the presiding officer of the
senate and the presiding officer of the house of representatives and any others who have made written request for
notification of the exact language of the explanatory statement.
(3) A person dissatisfied with the explanatory statement
may appeal to the superior court of Thurston County within
five days of the filing date. A copy of the petition and a
notice of the appeal must be served on the secretary of state
and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may
hear arguments. The court shall render its decision and
certify to and file with the secretary of state an explanatory
statement it determines will meet the requirements of this
chapter.
The decision of the superior court is final, and its
explanatory statement is the established explanatory statement. The appeal must be heard without costs to either
party. [1999 c 260 § 3.]
29.81.240 Arguments. Committees shall write and
submit arguments advocating the approval or rejection of
each statewide ballot issue and rebuttals of those arguments.
The secretary of state, the presiding officer of the senate, and
the presiding officer of the house of representatives shall
appoint the initial two members of each committee. In
making these committee appointments the secretary of state
and presiding officers of the senate and house of representatives shall consider legislators, sponsors of initiatives and
referendums, and other interested groups known to advocate
or oppose the ballot measure.
The initial two members may select up to four additional members, and the committee shall elect a chairperson.
The remaining committee member or members may fill
vacancies through appointment.
[Title 29 RCW—page 101]
29.81.240
Title 29 RCW: Elections
After the committee submits its initial argument statements to the secretary of state, the secretary of state shall
transmit the statements to the opposite committee. The
opposite committee may then prepare rebuttal arguments.
Rebuttals may not interject new points.
The voters’ pamphlet may contain only argument
statements prepared according to this section. Arguments
may contain graphs and charts supported by factual statistical
data and pictures or other illustrations. Cartoons or caricatures are not permitted. [1999 c 260 § 4.]
added to the law if this measure is approved by voters."
[1999 c 260 § 6.]
29.81.250 Format, layout, contents. The secretary of
state shall determine the format and layout of the voters’
pamphlet. The secretary of state shall print the pamphlet in
clear, readable type on a size, quality, and weight of paper
that in the judgment of the secretary of state best serves the
voters. The pamphlet must contain a table of contents. Federal and state offices must appear in the pamphlet in the
same sequence as they appear on the ballot. Measures and
arguments must be printed in the order specified by RCW
29.79.300.
The voters’ pamphlet must provide the following
information for each statewide issue on the ballot:
(1) The legal identification of the measure by serial
designation or number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general
explaining the law as it presently exists;
(4) A statement prepared by the attorney general
explaining the effect of the proposed measure if it becomes
law;
(5) The fiscal impact statement prepared under RCW
29.79.075;
(6) The total number of votes cast for and against the
measure in the senate and house of representatives, if the
measure has been passed by the legislature;
(7) An argument advocating the voters’ approval of the
measure together with any statement in rebuttal of the
opposing argument;
(8) An argument advocating the voters’ rejection of the
measure together with any statement in rebuttal of the
opposing argument;
(9) Each argument or rebuttal statement must be
followed by the names of the committee members who
submitted them, and may be followed by a telephone number
that citizens may call to obtain information on the ballot
measure;
(10) The full text of each measure. [2002 c 139 § 2;
1999 c 260 § 5.]
29.81.280 Arguments—Rejection, dispute. (1) If in
the opinion of the secretary of state any argument or
statement offered for inclusion in the voters’ pamphlet in
support of or opposition to a measure or candidate contains
obscene matter or matter that is otherwise prohibited by law
from distribution through the mail, the secretary may petition
the superior court of Thurston County for a judicial determination that the argument or statement may be rejected for
publication or edited to delete the matter. The court shall
not enter such an order unless it concludes that the matter is
obscene or otherwise prohibited for distribution through the
mail.
(2)(a) A person who believes that he or she may be
defamed by an argument or statement offered for inclusion
in the voters’ pamphlet in support of or opposition to a
measure or candidate may petition the superior court of
Thurston County for a judicial determination that the
argument or statement may be rejected for publication or
edited to delete the defamatory statement.
(b) The court shall not enter such an order unless it
concludes that the statement is untrue and that the petitioner
has a very substantial likelihood of prevailing in a defamation action.
(c) An action under this subsection (2) must be filed and
served no later than the tenth day after the deadline for the
submission of the argument or statement to the secretary of
state.
(d) If the secretary of state notifies a person named or
identified in an argument or statement of the contents of the
argument or statement within three days after the deadline
for submission to the secretary, then neither the state nor the
secretary is liable for damages resulting from publication of
the argument or statement unless the secretary publishes the
argument or statement in violation of an order entered under
this section. Nothing in this section creates a duty on the
part of the secretary of state to identify, locate, or notify the
person.
(3) Parties to a dispute under this section may agree to
resolve the dispute by rephrasing the argument or statement,
even if the deadline for submission to the secretary has
elapsed, unless the secretary determines that the process of
publication is too far advanced to permit the change. The
secretary shall promptly provide any such revision to any
committee entitled to submit a rebuttal argument. If that
committee has not yet submitted its rebuttal, its deadline to
submit a rebuttal is extended by five days. If it has submitted a rebuttal, it may revise it to address the change within
five days of the filing of the revised argument with the
secretary.
29.81.260 Amendatory style. Statewide ballot
measures that amend existing law must be printed in the
voters’ pamphlet so that language proposed for deletion is
enclosed by double parentheses and has a line through it.
Proposed new language must be underlined. A statement
explaining the deletion and addition of language must appear
as follows: "Any language in double parentheses with a line
through it is existing state law and will be taken out of the
law if this measure is approved by voters. Any underlined
language does not appear in current state law but will be
[Title 29 RCW—page 102]
29.81.270 Deadlines. The secretary of state shall
adopt rules setting deadlines for submitting candidate
statements, candidate photographs, arguments, rebuttals, and
explanatory statements. The secretary of state shall also
adopt rules setting deadlines for filing ballot titles for
referendum bills or constitutional amendments if none have
been provided by the legislature. [1999 c 260 § 7.]
(2002 Ed.)
Voters’ Pamphlet
(4) In an action under this section the committee or
candidate must be named as a defendant, and may be served
with process by certified mail directed to the address
contained in the secretary’s records for that party. The
secretary of state shall be a nominal party to an action
brought under subsection (2) of this section, solely for the
purpose of determining the content of the voters’ pamphlet.
The superior court shall give such an action priority on its
calendar. [1999 c 260 § 8.]
29.81.290 Arguments—Public inspection. (1) An
argument or statement submitted to the secretary of state for
publication in the voters’ pamphlet is not available for public
inspection or copying until:
(a) In the case of candidate statements, (i) all statements
by all candidates who have filed for a particular office have
been received, except those who informed the secretary that
they will not submit statements, or (ii) the deadline for
submission of statements has elapsed;
(b) In the case of arguments supporting or opposing a
measure, (i) the arguments on both sides have been received,
unless a committee was not appointed for one side, or (ii)
the deadline for submission of arguments has elapsed; and
(c) In the case of rebuttal arguments, (i) the rebuttals on
both sides have been received, unless a committee was not
appointed for one side, or (ii) the deadline for submission of
arguments has elapsed.
(2) Nothing in this section prohibits the secretary from
releasing information under RCW 29.81.280(2)(d). [1999 c
260 § 9.]
29.81.300 Photographs. All photographs of candidates submitted for publication must conform to standards
established by the secretary of state by rule. No photograph
may reveal clothing or insignia suggesting the holding of a
public office. [1999 c 260 § 10.]
29.81.310 Candidates’ statements—Length. (1) The
maximum number of words for statements submitted by
candidates is as follows: State representative, one hundred
words; state senator, judge of the superior court, judge of the
court of appeals, justice of the supreme court, and all state
offices voted upon throughout the state, except that of
governor, two hundred words; president and vice-president,
United States senator, United States representative, and
governor, three hundred words.
(2) Arguments written by committees under *RCW
29.81.230 may not exceed two hundred fifty words in length.
(3) Rebuttal arguments written by committees may not
exceed seventy-five words in length.
(4) The secretary of state shall allocate space in the
pamphlet based on the number of candidates or nominees for
each office. [1999 c 260 § 11.]
*Reviser’s note: Arguments are written by committees under RCW
29.81.240.
29.81.320 Procedural rules. The secretary of state,
as chief election officer, shall adopt rules consistent with this
chapter to facilitate and clarify procedures related to the
voters’ pamphlet. [1999 c 260 § 12.]
(2002 Ed.)
29.81.280
Chapter 29.81A
LOCAL VOTERS’ PAMPHLETS
Sections
29.81A.010 Authorization—Contents—Format.
29.81A.020 Notice of production—Local governments’ decision to participate.
29.81A.030 Administrative rules.
29.81A.040 Contents.
29.81A.050 Candidates, when included.
29.81A.060 Mailing.
29.81A.070 Cost.
29.81A.080 Arguments advocating approval and disapproval—
Preparation by committees.
29.81A.900 Effective date—1984 c 106.
29.81A.901 Severability—1984 c 106.
29.81A.010 Authorization—Contents—Format. At
least ninety days before any primary or general election, or
at least forty days before any special election held under
RCW 29.13.010 or 29.13.020, the legislative authority of any
county or first-class or code city may adopt an ordinance
authorizing the publication and distribution of a local voters’
pamphlet. The pamphlet shall provide information on all
measures within that jurisdiction and may, if specified in the
ordinance, include information on candidates within that
jurisdiction. If both a county and a first-class or code city
within that county authorize a local voters’ pamphlet for the
same election, the pamphlet shall be produced jointly by the
county and the first-class or code city. If no agreement can
be reached between the county and first-class or code city,
the county and first-class or code city may each produce a
pamphlet. Any ordinance adopted authorizing a local voters’
pamphlet may be for a specific primary, special election, or
general election or for any future primaries or elections. The
format of any local voters’ pamphlet shall, whenever
applicable, comply with the provisions of chapters *29.80
and 29.81 RCW regarding the publication of the state
candidates’ and voters’ pamphlets. [1984 c 106 § 3.]
*Reviser’s note: Chapter 29.80 RCW was repealed by 1999 c 260
§ 13.
29.81A.020 Notice of production—Local
governments’ decision to participate. (1) Not later than
ninety days before the publication and distribution of a local
voters’ pamphlet by a county, the county auditor shall notify
each city, town, or special taxing district located wholly
within that county that a pamphlet will be produced.
(2) If a voters’ pamphlet is published by the county for
a primary or general election, the pamphlet shall be published for the elective offices and ballot measures of the
county and for the elective offices and ballot measures of
each unit of local government located entirely within the
county which will appear on the ballot at that primary or
election. However, the offices and measures of a first class
or code city shall not be included in the pamphlet if the city
publishes and distributes its own voters’ pamphlet for the
primary or election for its offices and measures. The offices
and measures of any other town or city are not required to
appear in the county’s pamphlet if the town or city is
obligated by ordinance or charter to publish and distribute a
voters’ pamphlet for the primary or election for its offices
and measures and it does so.
[Title 29 RCW—page 103]
29.81A.020
Title 29 RCW: Elections
If the required appearance in a county’s voters’ pamphlet of the offices or measures of a unit of local government would create undo [undue] financial hardship for the
unit of government, the legislative authority of the unit may
petition the legislative authority of the county to waive this
requirement. The legislative authority of the county may
provide such a waiver if it does so not later than sixty days
before the publication of the pamphlet and it finds that the
requirement would create such hardship.
(3) If a city, town, or district is located within more
than one county, the respective county auditors may enter
into an interlocal agreement to permit the distribution of
each county’s local voters’ pamphlet into those parts of the
city, town, or district located outside of that county.
(4) If a first-class or code city authorizes the production
and distribution of a local voters’ pamphlet, the city clerk of
that city shall notify any special taxing district located
wholly within that city that a pamphlet will be produced.
Notification shall be provided in the manner required or
provided for in subsection (1) of this section.
(5) A unit of local government located within a county
and the county may enter into an interlocal agreement for the
publication of a voters’ pamphlet for offices or measures not
required by subsection (2) of this section to appear in a
county’s pamphlet. [1994 c 191 § 1; 1984 c 106 § 4.]
29.81A.030 Administrative rules. The county auditor
or, if applicable, the city clerk of a first-class or code city
shall, in consultation with the participating jurisdictions,
adopt and publish administrative rules necessary to facilitate
the provisions of any ordinance authorizing production of a
local voters’ pamphlet. Any amendment to such a rule shall
also be adopted and published. Copies of the rules shall
identify the date they were adopted or last amended and
shall be made available to any person upon request. One
copy of the rules adopted by a county auditor and one copy
of any amended rules shall be submitted to the county
legislative authority. One copy of the rules adopted by a
city clerk and one copy of any amended rules shall be
submitted to the city legislative authority. These rules shall
include but not be limited to the following:
(1) Deadlines for decisions by cities, towns, or special
taxing districts on being included in the pamphlet;
(2) Limits on the length and deadlines for submission of
arguments for and against each measure;
(3) The basis for rejection of any explanatory or
candidates’ statement or argument deemed to be libelous or
otherwise inappropriate. Any statements by a candidate shall
be limited to those about the candidate himself or herself;
(4) Limits on the length and deadlines for submission of
candidates’ statements;
(5) An appeal process in the case of the rejection of any
statement or argument. [1984 c 106 § 5.]
29.81A.040 Contents. The local voters’ pamphlet
shall include but not be limited to the following:
(1) Appearing on the cover, the words "official local
voters’ pamphlet," the name of the jurisdiction producing the
pamphlet, the jurisdictions that have measures or candidates
in the pamphlet, and the date of the election or primary;
[Title 29 RCW—page 104]
(2) Information on how a person may register to vote
and obtain an absentee ballot;
(3) The text of each measure accompanied by an
explanatory statement prepared by the prosecuting attorney
for any county measure or by the attorney for the jurisdiction
submitting the measure if other than a county measure. All
explanatory statements for city, town, or district measures
not approved by the attorney for the jurisdiction submitting
the measure shall be reviewed and approved by the county
prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet;
(4) The arguments for and against each measure
submitted by committees selected pursuant to RCW
29.81A.080. [1984 c 106 § 6.]
29.81A.050 Candidates, when included. If the
legislative authority of a county or first-class or code city
provides for the inclusion of candidates in the local voters’
pamphlet, the pamphlet shall include the statements from
candidates and may also include those candidates’ photographs. [1984 c 106 § 7.]
29.81A.060 Mailing. As soon as practicable before
the primary, special election, or general election, the county
auditor, or if applicable, the city clerk of a first-class or code
city, as appropriate, shall mail the local voters’ pamphlet to
every residence in each jurisdiction that has included
information in the pamphlet. The county auditor or city
clerk, as appropriate, may choose to mail the pamphlet to
each registered voter in each jurisdiction that has included
information in the pamphlet, if in his or her judgment, a
more economical and effective distribution of the pamphlet
would result. If the county or city chooses to mail the
pamphlet to each residence, no notice of election otherwise
required by RCW 29.27.080 need be published. [1984 c 106
§ 8.]
29.81A.070 Cost. The cost of a local voters’ pamphlet shall be considered an election cost to those local
jurisdictions included in the pamphlet and shall be pro-rated
in the manner provided in RCW 29.13.045. [1984 c 106 §
9.]
29.81A.080 Arguments advocating approval and
disapproval—Preparation by committees. For each
measure from a unit of local government that is included in
a local voters’ pamphlet, the legislative authority of that
jurisdiction shall, not later than forty-five days before the
publication of the pamphlet, formally appoint a committee to
prepare arguments advocating voters’ approval of the
measure and shall formally appoint a committee to prepare
arguments advocating voters’ rejection of the measure. The
authority shall appoint persons known to favor the measure
to serve on the committee advocating approval and shall,
whenever possible, appoint persons known to oppose the
measure to serve on the committee advocating rejection.
Each committee shall have not more than three members,
however, a committee may seek the advice of any person or
persons. If the legislative authority of a unit of local
government fails to make such appointments by the pre(2002 Ed.)
Local Voters’ Pamphlets
scribed deadline, the county auditor shall whenever possible
make the appointments. [1994 c 191 § 2; 1984 c 106 § 10.]
29.81A.900 Effective date—1984 c 106. This act
shall take effect on January 1, 1985. [1984 c 106 § 14.]
29.81A.901 Severability—1984 c 106. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1984 c 106 § 13.]
Chapter 29.82
THE RECALL
Sections
29.82.010
Initiating recall proceedings—Statement—Contents—
Verification—Definitions.
29.82.015 Petition—Where filed.
29.82.021 Ballot synopsis.
29.82.023 Determination by superior court—Correction of ballot synopsis.
29.82.025 Filing supporting signatures—Time limitations.
29.82.030 Petition—Form.
29.82.040 Petition—Size.
29.82.060 Number of signatures required.
29.82.080 Canvassing petition for sufficiency of signatures—Time
of—Notice.
29.82.090 Verification and canvass of signatures—Procedure—
Statistical sampling.
29.82.100 Fixing date for recall election—Notice.
29.82.105 Response to petition charges.
29.82.110 Destruction of insufficient recall petition.
29.82.120 Fraudulent names—Record of.
29.82.130 Conduct of election—Contents of ballot.
29.82.140 Ascertaining the result—When recall effective.
29.82.160 Enforcement provisions—Mandamus—Appellate review.
29.82.170 Violations by signers—Officers.
29.82.210 Violations by officers.
29.82.220 Violations—Corrupt practices.
Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment
8).
29.82.010 Initiating recall proceedings—
Statement—Contents—Verification—Definitions. Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any
elective public officer of the state or of such political
subdivision, as the case may be, under the provisions of
sections 33 and 34 of Article 1 of the Constitution, he or
they shall prepare a typewritten charge, reciting that such
officer, naming him or her and giving the title of his office,
has committed an act or acts of malfeasance, or an act or
acts of misfeasance while in office, or has violated his oath
of office, or has been guilty of any two or more of the acts
specified in the Constitution as grounds for recall. The
charge shall state the act or acts complained of in concise
language, give a detailed description including the approximate date, location, and nature of each act complained of, be
signed by the person or persons making the charge, give
their respective post office addresses, and be verified under
oath that he or they believe the charge or charges to be true
and have knowledge of the alleged facts upon which the
stated grounds for recall are based.
(2002 Ed.)
29.81A.080
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any
wrongful conduct that affects, interrupts, or interferes with
the performance of official duty;
(a) Additionally, "misfeasance" in office means the
performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the
commission of an unlawful act;
(2) "Violation of the oath of office" means the wilful
neglect or failure by an elective public officer to perform
faithfully a duty imposed by law. [1984 c 170 § 1; 1975-’76
2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior: 1913 c
146 § 1; RRS § 5350. Former part of section: 1913 c 146
§ 2; RRS § 5351, now codified in RCW 29.82.015.]
Severability—1975-’76 2nd ex.s. c 47: "If any provision of this
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 47 § 3.]
29.82.015 Petition—Where filed. Any person
making a charge shall file it with the elections officer whose
duty it is to receive and file a declaration of candidacy for
the office concerning the incumbent of which the recall is to
be demanded. The officer with whom the charge is filed
shall promptly (1) serve a copy of the charge upon the
officer whose recall is demanded, and (2) certify and
transmit the charge to the preparer of the ballot synopsis
provided in RCW 29.82.021. The manner of service shall be
the same as for the commencement of a civil action in
superior court. [1984 c 170 § 2; 1975-’76 2nd ex.s. c 47 §
2; 1965 c 9 § 29.82.015. Prior: 1913 c 146 § 2; RRS §
5351. Formerly RCW 29.82.010, part.]
Severability—1975-’76 2nd ex.s. c 47: See note following RCW
29.82.010.
29.82.021 Ballot synopsis. (1) Within fifteen days
after receiving a charge, the officer specified below shall
formulate a ballot synopsis of the charge of not more than
two hundred words.
(a) If the recall is demanded of an elected public officer
whose political jurisdiction encompasses an area in more
than one county, the attorney general shall be the preparer,
except if the recall is demanded of the attorney general, the
chief justice of the supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer
whose political jurisdiction lies wholly in one county, the
prosecuting attorney shall be the preparer, except that if the
prosecuting attorney is the officer whose recall is demanded,
the attorney general shall be the preparer.
(2) The synopsis shall set forth the name of the person
charged, the title of his office, and a concise statement of the
elements of the charge. Upon completion of the ballot
synopsis, the preparer shall certify and transmit the exact
language of the ballot synopsis to the persons filing the
charge and the officer subject to recall. The preparer shall
additionally certify and transmit the charges and the ballot
synopsis to the superior court of the county in which the
officer subject to recall resides and shall petition the superior
court to approve the synopsis and to determine the sufficiency of the charges. [1984 c 170 § 3.]
[Title 29 RCW—page 105]
29.82.023
Title 29 RCW: Elections
29.82.023 Determination by superior court—
Correction of ballot synopsis. Within fifteen days after
receiving the petition, the superior court shall have conducted a hearing on and shall have determined, without cost to
any party, (1) whether or not the acts stated in the charge
satisfy the criteria for which a recall petition may be filed,
and (2) the adequacy of the ballot synopsis. The clerk of the
superior court shall notify the person subject to recall and
the person demanding recall of the hearing date. Both
persons may appear with counsel. The court may hear
arguments as to the sufficiency of the charges and the
adequacy of the ballot synopsis. The court shall not consider
the truth of the charges, but only their sufficiency. An
appeal of a sufficiency decision shall be filed in the supreme
court as specified by RCW 29.82.160. The superior court
shall correct any ballot synopsis it deems inadequate. Any
decision regarding the ballot synopsis by the superior court
is final. The court shall certify and transmit the ballot
synopsis to the officer subject to recall, the person demanding the recall, and either the secretary of state or the
county auditor, as appropriate. [1984 c 170 § 4.]
voter, or (3) makes herein any false statement, may be fined,
or imprisoned, or both.
Petition for the recall of (here insert the name of the
office and of the person whose recall is petitioned for) to the
Honorable (here insert the name and title of the officer with
whom the charge is filed).
We, the undersigned citizens and legal voters of (the
state of Washington or the political subdivision in which the
recall is to be held), respectfully direct that a special election
be called to determine whether or not (here insert the name
of the person charged and the office which he holds) be recalled and discharged from his office, for and on account of
(his having committed the act or acts of malfeasance or
misfeasance while in office, or having violated his oath of
office, as the case may be), in the following particulars:
(here insert the synopsis of the charge); and each of us for
himself says: I have personally signed this petition; I am a
legal voter of the State of Washington in the precinct and
city (or town) and county written after my name, and my
residence address is correctly stated, and to my knowledge,
have signed this petition only once.
29.82.025 Filing supporting signatures—Time
limitations. (1) The sponsors of a recall demanded of any
public officer shall stop circulation and file all petitions with
the appropriate elections officer not less than six months
before the next general election in which the officer whose
recall is demanded is subject to reelection.
(2) The sponsors of a recall demanded of an officer
elected to a statewide position shall have a maximum of two
hundred seventy days and the sponsors of a recall demanded
of any other officer shall have a maximum of one hundred
eighty days in which to obtain and file supporting signatures
after the issuance of a ballot synopsis by the superior court.
If the decision of the superior court regarding the sufficiency
of the charges is not appealed, the one hundred eighty or two
hundred seventy day period for the circulation of signatures
begins on the sixteenth day following the decision of the
superior court. If the decision of the superior court regarding the sufficiency of the charges is appealed, the one hundred eighty or two hundred seventy day period for the
circulation of signatures begins on the day following the
issuance of the decision by the supreme court. [1984 c 170
§ 5; 1971 ex.s. c 205 § 2.]
Petitioner’s
signature
Severability—1971 ex.s. c 205: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 205 § 6.]
29.82.030 Petition—Form. Recall petitions shall be
printed on single sheets of paper of good writing quality
(including but not limited to newsprint) not less than eleven
inches in width and not less than fourteen inches in length.
No petition may be circulated or signed prior to the first day
of the one hundred eighty or two hundred seventy day period
established by RCW 29.82.025 for that recall petition. Such
petitions shall be substantially in the following form:
WARNING
Every person who signs this petition with any other than
his true name, or who knowingly (1) signs more than one of
these petitions, (2) signs this petition when he is not a legal
[Title 29 RCW—page 106]
Print name
for positive
identification
Residence address,
street and number,
if any
City
or
Town
County
(Here follow 20 numbered lines divided into columns as below.)
1–
––––––––––––––––––––––––––––
2–
––––––––––––––––––––––––––––
3– –
etc.
–––––––––––––––––––––––––––
[1984 c 170 § 6; 1971 ex.s. c 205 § 4; 1965 c 9 §
29.82.030. Prior: 1913 c 146 § 4; RRS § 5353.]
Severability—1971 ex.s. c 205: See note following RCW 29.82.025.
29.82.040 Petition—Size. Each recall petition at the
time of circulating, signing and filing with the officer with
whom it is to be filed, shall consist of not more than five
sheets with numbered lines for not more than twenty
signatures on each sheet, with the prescribed warning, title
and form of petition on each sheet, and a full, true and
correct copy of the original statement of the charges against
the officer referred to therein, printed on sheets of paper of
like size and quality as the petition, firmly fastened together.
[1965 c 9 § 29.82.040. Prior: 1913 c 146 § 6; RRS §
5355.]
29.82.060 Number of signatures required. When the
person, committee, or organization demanding the recall of
a public officer has secured sufficient signatures upon the
recall petition the person, committee, or organization may
submit the same to the officer with whom the charge was
filed for filing in his or her office. The number of signatures required shall be as follows:
(1) In the case of a state officer, an officer of a city of
the first class, a member of a school board in a city of the
(2002 Ed.)
The Recall
first class, or a county officer of a county with a population
of forty thousand or more—signatures of legal voters equal
to twenty-five percent of the total number of votes cast for
all candidates for the office to which the officer whose recall
is demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision,
city, town, township, precinct, or school district other than
those mentioned in subsection (1) of this section, and in the
case of a state senator or representative—signatures of legal
voters equal to thirty-five percent of the total number of
votes cast for all candidates for the office to which the
officer whose recall is demanded was elected at the preceding election. [1991 c 363 § 36; 1965 c 9 § 29.82.060.
Prior: 1913 c 146 § 8, part; RRS § 5357, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Recall of elective officers—Percentages required: State Constitution Art.
1 § 34 (Amendment 8).
29.82.080 Canvassing petition for sufficiency of
signatures—Time of—Notice. Upon the filing of a recall
petition in his office, the officer with whom the charge was
filed shall stamp on each petition the date of filing, and shall
notify the persons filing them and the officer whose recall is
demanded of the date when the petitions will be canvassed,
which date shall be not less than five or more than ten days
from the date of its filing. [1965 c 9 § 29.82.080. Prior:
1913 c 146 § 9, part; RRS § 5358, part.]
29.82.090 Verification and canvass of signatures—
Procedure—Statistical sampling. (1) Upon the filing of a
recall petition, the elections officer shall proceed to verify
and canvass the names of legal voters on the petition.
(2) The verification and canvass of signatures on the
petition may be observed by persons representing the
advocates and opponents of the proposed recall so long as
they make no record of the names, addresses, or other
information on the petitions or related records during the
verification process except upon the order of the superior
court. The elections officer may limit the number of
observers to not fewer than two on each side, if in his or her
opinion a greater number would cause undue delay or
disruption of the verification process. Any such limitation
shall apply equally to both sides. If the elections officer
finds the same name signed to more than one petition, he or
she shall reject all but the first such valid signature.
(3) Where the recall of a statewide elected official is
sought, the secretary of state may use any statistical sampling techniques for verification and canvassing which have
been adopted by rule for canvassing initiative petitions under
RCW 29.79.200. No petition will be rejected on the basis of
any statistical method employed. No petition will be
accepted on the basis of any statistical method employed if
such method indicates that the petition contains less than the
number of signatures of legal voters required by Article I,
section 33 (Amendment 8) of the state Constitution. [1984
c 170 § 7; 1977 ex.s. c 361 § 107; 1965 c 9 § 29.82.090.
Prior: 1913 c 146 § 9, part; RRS § 5358, part.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
(2002 Ed.)
29.82.060
29.82.100 Fixing date for recall election—Notice.
If, at the conclusion of the verification and canvass, it is
found that a petition for recall bears the required number of
signatures of certified legal voters, the officer with whom the
petition is filed shall promptly certify the petitions as sufficient and fix a date for the special election to determine
whether or not the officer charged shall be recalled and
discharged from office. The special election shall be held
not less than forty-five nor more than sixty days from the
certification and, whenever possible, on one of the dates
provided in RCW 29.13.020, but no recall election may be
held between the date of the primary and the date of the
general election in any calendar year. Notice shall be given
in the manner as required by law for special elections in the
state or in the political subdivision, as the case may be.
[1984 c 170 § 8; 1977 ex.s. c 361 § 108; 1971 ex.s. c 205
§ 5; 1965 c 9 § 29.82.100. Prior: 1913 c 146 § 9, part;
RRS § 5358, part.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Severability—1971 ex.s. c 205: See note following RCW 29.82.025.
29.82.105 Response to petition charges. When a
date for a special recall election is set the certifying officer
shall serve a notice of the date of the election to the officer
whose recall is demanded and the person demanding recall.
The manner of service shall be the same as for the commencement of a civil action in superior court. After having
been served a notice of the date of the election and the ballot
synopsis, the officer whose recall is demanded may submit
to the certifying officer a response, not to exceed two
hundred fifty words in length, to the charge contained in the
ballot synopsis. Such response shall be submitted by the
seventh consecutive day after service of the notice. The
certifying officer shall promptly send a copy of the response
to the person who filed the petition. [1984 c 170 § 9; 1980
c 42 § 1.]
29.82.110 Destruction of insufficient recall petition.
If it is found that the recall petition does not contain the
requisite number of signatures of certified legal voters, the
officer shall so notify the persons filing the petition, and at
the expiration of thirty days from the conclusion of the count
he shall destroy the petitions unless prevented therefrom by
the injunction or mandate of a court. [1965 c 9 § 29.82.110.
Prior: 1913 c 146 § 9, part; RRS § 5358, part.]
29.82.120 Fraudulent names—Record of. The
officer making the canvass of a recall petition shall keep a
record of all names appearing thereon which are not certified
to be legal voters of the state or of the political subdivision,
as the case may be, and of all names appearing more than
once thereon, and he shall report the same to the prosecuting
attorneys of the respective counties where such names appear
to have been signed, to the end that prosecutions may be had
for such violation of this chapter. [1965 c 9 § 29.82.120.
Prior: 1913 c 146 § 10; RRS § 5359.]
29.82.130 Conduct of election—Contents of ballot.
The special election for the recall of an officer shall be
conducted in the same manner as a special election for that
[Title 29 RCW—page 107]
29.82.130
Title 29 RCW: Elections
jurisdiction. The county auditor shall conduct the recall
election. The ballots at any recall election shall contain a
full, true, and correct copy of the ballot synopsis of the
charge and the officer’s response to the charge if one has
been filed. [1990 c 59 § 71; 1980 c 42 § 2; 1965 c 9 §
29.82.130. Prior: 1913 c 146 § 11; RRS § 5360. See also
RCW 29.48.040.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
29.82.140 Ascertaining the result—When recall
effective. The votes on a recall election shall be counted,
canvassed, and the results certified in the manner provided
by law for counting, canvassing, and certifying the results of
an election for the office from which the officer is being
recalled: PROVIDED, That if the officer whose recall is
demanded is the officer to whom, under the law, returns of
elections are made, such returns shall be made to the officer
with whom the charge is filed, and who called the special
election; and in case of an election for the recall of a state
officer, the county canvassing boards of the various counties
shall canvass and return the result of such election to the
officer calling such special election. If a majority of all
votes cast at the recall election is for the recall of the officer
charged, he shall thereupon be recalled and discharged from
his office, and the office shall thereupon become and be
vacant. [1977 ex.s. c 361 § 109; 1965 c 9 § 29.82.140.
Prior: 1913 c 146 § 12; RRS § 5361.]
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Canvassing the returns: Chapter 29.62 RCW.
Polling place regulations during voting hours and after closing: Chapter
29.54 RCW.
29.82.160 Enforcement provisions—Mandamus—
Appellate review. The superior court of the county in
which the officer subject to recall resides has original
jurisdiction to compel the performance of any act required of
any public officer or to prevent the performance by any such
officer of any act in relation to the recall not in compliance
with law.
The supreme court has like original jurisdiction in
relation to state officers and revisory jurisdiction over the
decisions of the superior courts. Any proceeding to compel
or prevent the performance of any such act shall be begun
within ten days from the time the cause of complaint arises,
and shall be considered an emergency matter of public
concern and take precedence over other cases, and be
speedily heard and determined. Appellate review of a
decision of any superior court shall be begun and perfected
within fifteen days after its decision in a recall election case
and shall be considered an emergency matter of public
concern by the supreme court, and heard and determined
within thirty days after the decision of the superior court.
[1988 c 202 § 30; 1984 c 170 § 10; 1965 c 9 § 29.82.160.
Prior: 1913 c 146 § 14; RRS § 5363.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 16.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
29.82.170 Violations by signers—Officers. Every
person who signs a recall petition with any other than his
[Title 29 RCW—page 108]
true name is guilty of a felony. Every person who knowingly (1) signs more than one petition for the same recall, (2)
signs a recall petition when he is not a legal voter, or (3)
makes a false statement as to his residence on any recall
petition is guilty of a gross misdemeanor. Every registration
officer who makes any false report or certificate on any
recall petition is guilty of a gross misdemeanor. [1984 c 170
§ 11; 1965 c 9 § 29.82.170. Prior: 1913 c 146 § 15; RRS
§ 5364. Formerly codified also in RCW 29.82.180,
29.82.190, and 29.82.200.]
Misconduct in signing a petition: RCW 9.44.080.
29.82.210 Violations by officers. Every officer who
wilfully violates any of the provisions of this chapter, for the
violation of which no penalty is herein prescribed or who
wilfully fails to comply with the provisions of this chapter
shall be guilty of a gross misdemeanor. [1965 c 9 §
29.82.210. Prior: 1953 c 113 § 1; prior: 1913 c 146 § 16,
part; RRS § 5365, part.]
29.82.220 Violations—Corrupt practices. Every
person is guilty of a gross misdemeanor, who:
(1) For any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, signs or
declines to sign any recall petition; or
(2) Advertises in any newspaper, magazine or other
periodical publication, or in any book, pamphlet, circular, or
letter, or by means of any sign, signboard, bill, poster,
handbill, or card, or in any manner whatsoever, that he will
either for or without compensation or consideration circulate,
solicit, procure, or obtain signatures upon, or influence or
induce or attempt to influence or induce persons to sign or
not to sign any recall petition or vote for or against any
recall; or
(3) For pay or any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, circulates, or
solicits, procures, or obtains or attempts to procure or obtain
signatures upon any recall petition; or
(4) Pays or offers or promises to pay, or gives or offers
or promises to give any consideration, compensation,
gratuity, reward, or thing of value to any person to induce
him to sign or not to sign, or to circulate or solicit, procure,
or attempt to procure or obtain signatures upon any recall
petition, or to vote for or against any recall; or
(5) By any other corrupt means or practice or by threats
or intimidation interferes with or attempts to interfere with
the right of any legal voter to sign or not to sign any recall
petition or to vote for or against any recall; or
(6) Receives, accepts, handles, distributes, pays out, or
gives away, directly or indirectly, any money, consideration,
compensation, gratuity, reward, or thing of value contributed
by or received from any person, firm, association, or
corporation whose residence or principal office is, or the
majority of whose stockholders are nonresidents of the state
of Washington, for any service, work, or assistance of any
kind done or rendered for the purpose of aiding in procuring
signatures upon any recall petition or the adoption or
rejection of any recall. [1984 c 170 § 12; 1965 c 9 §
29.82.220. Prior: 1953 c 113 § 2; prior: 1913 c 146 § 16,
part; RRS § 5365, part.]
Misconduct in signing a petition: RCW 9.44.080.
(2002 Ed.)
Crimes and Penalties
Chapter 29.85
CRIMES AND PENALTIES
Sections
29.85.010
29.85.020
Ballots—Removing from polling place.
Unauthorized examination of ballots, election materials—
Revealing information.
29.85.040 Ballots—Unlawful appropriation, printing, or distribution.
29.85.051 Deceptive, incorrect vote recording.
29.85.060 Hindering or bribing voter.
29.85.070 Influencing voter to withhold vote.
29.85.090 Solicitation of bribe by voter.
29.85.100 Certificates of nomination and election—Declarations of
candidacy—Petitions of nomination—Frauds and falsehoods.
29.85.110 Tampering with polling place materials.
29.85.170 Officers—Violations generally.
29.85.210 Repeaters.
29.85.220 Repeaters—Unqualified persons—Officers conniving with.
29.85.225 Divulging ballot count.
29.85.230 Returns and posted copy of results—Tampering with.
29.85.240 Unqualified persons voting.
29.85.245 Action against voting, registration irregularities.
29.85.249 Unqualified registration.
29.85.260 Voting machines, devices—Tampering with—Extra keys.
29.85.275 Political advertising, removing or defacing.
29.85.285 Statement of expense of candidate—Penalty.
29.85.290 Duplication of names—Conspiracy—Criminal and civil
liability.
29.85.300 Absentee voting, violations relating to qualifications and
voting, penalty.
29.85.320 Aiding blind voters, violations relating to—Penalty.
29.85.321 Preventing interference with balloting.
29.85.323 Electioneering within the polls forbidden—Prohibited practices as to ballots—Penalty.
29.85.325 Electioneering by election officers forbidden—Penalty.
29.85.329 Unlawful acts by voters—Penalty.
29.85.360 County canvassing board—Canvassing procedure—Penalty.
29.85.370 Initiative, referendum—Violations by signers.
29.85.373 Initiative, referendum—Violations by officers.
29.85.375 Initiative, referendum—Violations—Corrupt practices.
29.85.380 Recall—Violations by signers—Officers.
29.85.381 Recall—Violation by officers.
29.85.383 Recall—Violations—Corrupt practices.
Anarchy and sabotage: Chapter 9.05 RCW.
Bribery and corrupt influence: Chapter 9A.68 RCW.
Bribery or corrupt solicitation: State Constitution Art. 2 § 30.
Contests, bribe or reward by person whose right is being contested as
grounds for: RCW 29.65.010.
Duplication of, use of nonexistent or untrue names, as felony: RCW
29.15.100.
Financial disclosure by candidates and elected officials: Chapter 42.17
RCW.
Forgery: RCW 9A.60.020.
Libel and slander: Chapter 9.58 RCW.
Misconduct in signing a petition: RCW 9.44.080.
Perjury: Chapter 9A.72 RCW.
Polling places, violations before, during, and after voting hours: Chapters
29.48, 29.51, and 29.54 RCW.
Prevention and correction of election frauds and errors: RCW 29.04.030.
Refusing to leave voting booth—Penalty: RCW 29.51.221.
Statement concerning registered voter
change of residence, false, subject to perjury: RCW 29.10.130.
deceased, false, subject to perjury: RCW 29.10.090.
Subversive activities
generally: Chapter 9.81 RCW.
misstatements of candidates punishable as perjury, penalty: RCW
9.81.110.
(2002 Ed.)
Chapter 29.85
29.85.010 Ballots—Removing from polling place.
Any person who, without lawful authority, removes a ballot
from a polling place is guilty of a gross misdemeanor
punishable to the same extent as a gross misdemeanor that
is punishable under RCW 9A.20.021. [1991 c 81 § 1; 1965
c 9 § 29.85.010. Prior: 1893 c 115 § 2; RRS § 5396.]
Effective date—1991 c 81: "This act shall take effect July 1, 1992."
[1991 c 81 § 42.]
29.85.020 Unauthorized examination of ballots,
election materials—Revealing information. (1) It is a
gross misdemeanor for a person to examine, or assist another
to examine, any voter record, ballot, or any other state or
local government official election material if the person,
without lawful authority, conducts the examination:
(a) For the purpose of identifying the name of a voter
and how the voter voted; or
(b) For the purpose of determining how a voter, whose
name is known to the person, voted; or
(c) For the purpose of identifying the name of the voter
who voted in a manner known to the person.
(2) Any person who reveals to another information
which the person ascertained in violation of subsection (1)
of this section is guilty of a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021. [1991 c 81 § 2; 1965 c
9 § 29.85.020. Prior: 1911 c 89 § 1, part; Code 1881 §
906; 1873 p 205 § 105; 1854 p 93 § 96; RRS § 5387.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.040 Ballots—Unlawful appropriation, printing, or distribution. Any person who is retained or
employed by any officer authorized by the laws of this state
to procure the printing of any official ballot or who is
engaged in printing official ballots is guilty of a gross
misdemeanor if the person knowingly:
(1) Appropriates any official ballot to himself or herself;
or
(2) Gives or delivers any official ballot to or permits
any official ballot to be taken by any person other than the
officer authorized by law to receive it; or
(3) Prints or causes to be printed any official ballot: (a)
In any other form than that prescribed by law or as directed
by the officer authorized to procure the printing thereof; or
(b) with any other names thereon or with the names spelled
otherwise than as directed by such officer, or the names or
printing thereon arranged in any other way than that authorized and directed by law.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [1991 c 81 § 3; 1965 c 9 §
29.85.040. Prior: 1893 c 115 § 1; RRS § 5395.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.051 Deceptive, incorrect vote recording. A
person is guilty of a gross misdemeanor who knowingly:
(1) Deceives any voter in recording his or her vote by
providing incorrect or misleading recording information or
by providing faulty election equipment or records; or
[Title 29 RCW—page 109]
29.85.051
Title 29 RCW: Elections
(2) Records the vote of any voter in a manner other than
as designated by the voter.
Such a gross misdemeanor is punishable to the same
extent as a gross misdemeanor that is punishable under RCW
9A.20.021. [1991 c 81 § 4.]
Effective date—1991 c 81: See note following RCW 29.85.010.
under chapter 29.24 RCW or a declaration of candidacy or
petition of nomination which has been filed with an elections
officer, or any part of such a certificate, declaration, or
petition, is guilty of a class C felony punishable under RCW
9A.20.021. [1991 c 81 § 8; 1965 c 9 § 29.85.100. Prior:
1889 p 411 § 30; RRS § 5295.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.060 Hindering or bribing voter. Any person
who uses menace, force, threat, or any unlawful means
towards any voter to hinder or deter such a voter from
voting, or directly or indirectly offers any bribe, reward, or
any thing of value to a voter in exchange for the voter’s vote
for or against any person or ballot measure, or authorizes
any person to do so, is guilty of a class C felony punishable
under RCW 9A.20.021. [1991 c 81 § 5; 1965 c 9 §
29.85.060. Prior: (i) 1911 c 89 § 1, part; Code 1881 § 904;
1873 p 204 § 103; 1854 p 93 § 94; RRS § 5386. (ii) 1911
c 89 § 1, part; 1901 c 142 § 1; Code 1881 § 909; 1873 p
205 § 106; 1865 p 50 § 1; 1854 p 93 § 97; RRS § 5388.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Bribing, interfering with voter regarding initiative or referendum: RCW
29.79.490.
Employer’s duty to provide time to vote: RCW 49.28.120.
29.85.070 Influencing voter to withhold vote. Any
person who in any way, directly or indirectly, by menace or
unlawful means, attempts to influence any person in refusing
to give his or her vote in any primary or special or general
election is guilty of a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021. [1991 c 81 § 6; 1965 c 9 § 29.85.070.
Prior: Code 1881 § 3140; RRS § 5389.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Bribing, interfering with voter regarding initiative or referendum: RCW
29.79.490.
Employer’s duty to provide time to vote: RCW 49.28.120.
29.85.090 Solicitation of bribe by voter. Any person
who solicits, requests, or demands, directly or indirectly, any
reward or thing of value or the promise thereof in exchange
for his or her vote or in exchange for the vote of any other
person for or against any candidate or for or against any
ballot measure to be voted upon at a primary or special or
general election is guilty of a gross misdemeanor punishable
to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [1991 c 81 § 7; 1965 c 9 §
29.85.090. Prior: 1907 c 209 § 32; RRS § 5207.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.100 Certificates of nomination and election—
Declarations of candidacy—Petitions of nomination—
Frauds and falsehoods. Every person who:
(1) Knowingly and falsely issues a certificate of
nomination or election; or
(2) Knowingly provides false information on a certificate which must be filed with an elections officer under
chapter 29.24 RCW; or
(3) Knowingly provides false information on his or her
declaration of candidacy or petition of nomination; or
(4) Conceals or fraudulently defaces or destroys a
certificate which has been filed with an elections officer
[Title 29 RCW—page 110]
29.85.110 Tampering with polling place materials.
Any person who willfully defaces, removes, or destroys any
of the supplies or materials which the person knows are
intended both for use in a polling place and for enabling a
voter to prepare his or her ballot is guilty of a class C felony
punishable under RCW 9A.20.021. [1991 c 81 § 9; 1965 c
9 § 29.85.110. Prior: 1889 p 412 § 31; RRS § 5296.
FORMER PART OF SECTION: 1935 c 108 § 3, part; RRS
§ 5339-3, part, now codified, as reenacted, in RCW
29.85.230.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.170 Officers—Violations generally. Every
person charged with the performance of any duty under the
provisions of any law of this state relating to elections,
including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections
who willfully neglects or refuses to perform such duty, or
who, in the performance of such duty, or in his or her
official capacity, knowingly or fraudulently violates any of
the provisions of law relating to such duty, is guilty of a
class C felony punishable under RCW 9A.20.021 and shall
forfeit his or her office. [1991 c 81 § 10; 1965 c 9 §
29.85.170. Prior: (i) 1889 p 412 § 32; RRS § 5297. (ii)
1911 c 89 § 1, part; Code 1881 § 912; 1877 p 205 § 2; RRS
§ 5392.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.210 Repeaters. Any person who votes or
attempts to vote more than once at any primary or general or
special election is guilty of a gross misdemeanor, punishable
to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [1991 c 81 § 13; 1965 c 9 §
29.85.210. Prior: 1911 c 89 § 1, part; Code 1881 § 903;
1873 p 204 § 102; 1865 p 51 § 5; 1854 p 93 § 93; RRS §
5383.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.220 Repeaters—Unqualified persons—Officers
conniving with. Any precinct election officer who knowingly permits any voter to cast a second vote at any primary
or general or special election, or knowingly permits any
person not a qualified voter to vote at any primary or general
or special election, is guilty of a class C felony punishable
under RCW 9A.20.021. [1991 c 81 § 14; 1965 c 9 §
29.85.220. Prior: 1911 c 89 § 1, part; Code 1881 § 911;
1873 p 205 § 108; RRS § 5385.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.225 Divulging ballot count. (1) In any location
in which ballots are counted, no person authorized by law to
be present while votes are being counted may divulge any
(2002 Ed.)
Crimes and Penalties
results of the count of the ballots at any time prior to the
closing of the polls for that primary or special or general
election.
(2) A violation of this section is a gross misdemeanor
punishable to the same extent as a gross misdemeanor that
is punishable under RCW 9A.20.021. [1991 c 81 § 15; 1990
c 59 § 55; 1977 ex.s. c 361 § 85; 1965 c 9 § 29.54.035.
Prior: 1955 c 148 § 6. Formerly RCW 29.54.035.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1977 ex.s. c 361: See notes following
RCW 29.01.006.
Divulging returns in voting device precincts: RCW 29.54.085.
29.85.230 Returns and posted copy of results—
Tampering with. It shall be a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021, for any person to remove
or deface the posted copy of the result of votes cast at their
precinct or to delay delivery of or change the copy of
primary or special or general election returns to be delivered
to the proper election officer. [1991 c 81 § 16; 1965 c 9 §
29.85.230. Prior: 1935 c 108 § 3; RRS § 5339-3. Formerly
RCW 29.85.110, part.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.240 Unqualified persons voting. Any person
who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special
or general election authorized by law to be held in this state
for any office whatever shall be guilty of a class C felony
punishable under RCW 9A.20.021. [1991 c 81 § 17; 1965
c 9 § 29.85.240. Prior: 1911 c 89 § 1, part; Code 1881 §
905; 1873 p 204 § 104; 1865 p 51 § 4; 1854 p 93 § 95;
RRS § 5384.]
29.85.225
29.85.260 Voting machines, devices—Tampering
with—Extra keys. Any person who tampers with or
damages or attempts to damage any voting machine or
device to be used or being used in a primary or special or
general election, or who prevents or attempts to prevent the
correct operation of such machine or device, or any unauthorized person who makes or has in his or her possession a
key to a voting machine or device to be used or being used
in a primary or special or general election, shall be guilty of
a class C felony punishable under RCW 9A.20.021. [1991
c 81 § 18; 1965 c 9 § 29.85.260. Prior: 1913 c 58 § 16;
RRS § 5316.]
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.275 Political advertising, removing or defacing. A person who removes or defaces lawfully placed
political advertising including yard signs or billboards
without authorization is guilty of a misdemeanor punishable
to the same extent as a misdemeanor that is punishable under
RCW 9A.20.021. The defacement or removal of each item
constitutes a separate violation. [1991 c 81 § 19; 1984 c 216
§ 5.]
Effective date—1991 c 81: See note following RCW 29.85.010.
Political advertising
generally: RCW 42.17.510 through 42.17.540.
rates for candidates: RCW 65.16.095.
29.85.285 Statement of expense of candidate—
Penalty. See RCW 42.17.030 through 42.17.130 and
42.17.240.
29.85.290 Duplication of names—Conspiracy—
Criminal and civil liability. See RCW 29.15.110.
29.85.300 Absentee voting, violations relating to
qualifications and voting, penalty. See RCW 29.36.370.
Effective date—1991 c 81: See note following RCW 29.85.010.
29.85.245 Action against voting, registration
irregularities. (1) A county auditor who suspects a person
of fraudulent voter registration, vote tampering, or irregularities in voting shall transmit his or her suspicions and
observations without delay to the canvassing board.
(2) The county auditor shall make a good faith effort to
contact the person in question without delay. If the county
auditor is unable to contact the person, or if, after contacting
the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor
shall refer the issue to the county prosecuting attorney to
determine if further action is warranted.
(3) When a complaint providing information concerning
fraudulent voter registration, vote tampering, or irregularities
in voting are [is] presented to the office of the prosecuting
attorney, that office shall file charges in all cases where
warranted. [2001 c 41 § 12.]
29.85.249 Unqualified registration. A person who
knows that he or she does not possess the legal qualifications
of a voter and who registers to vote is guilty of a misdemeanor punishable under RCW 9A.20.021. [2001 c 41 §
13.]
(2002 Ed.)
29.85.320 Aiding blind voters, violations relating
to—Penalty. See RCW 29.51.215.
29.85.321 Preventing interference with balloting.
See RCW 29.51.010.
29.85.323 Electioneering within the polls forbidden—Prohibited practices as to ballots—Penalty. See
RCW 29.51.020.
29.85.325 Electioneering by election officers forbidden—Penalty. See RCW 29.51.030.
29.85.329 Unlawful acts by voters—Penalty. See
RCW 29.51.230.
29.85.360 County canvassing board—Canvassing
procedure—Penalty. See RCW 29.62.040.
29.85.370 Initiative, referendum—Violations by
signers. See RCW 29.79.440.
[Title 29 RCW—page 111]
29.85.373
Title 29 RCW: Elections
29.85.373 Initiative, referendum—Violations by
officers. See RCW 29.79.480.
29.85.375 Initiative, referendum—Violations—
Corrupt practices. See RCW 29.79.490.
29.85.380 Recall—Violations by signers—Officers.
See RCW 29.82.170.
29.85.381
29.82.210.
Recall—Violation by officers. See RCW
29.85.383 Recall—Violations—Corrupt practices.
See RCW 29.82.220.
Chapter 29.91
NUCLEAR WASTE SITE—ELECTION
FOR DISAPPROVAL
Sections
29.91.010
29.91.020
29.91.030
29.91.040
29.91.050
29.91.060
29.91.900
29.91.901
High-level
Findings.
High-level nuclear waste repository—Selection of site in
state—Special election for disapproval.
Costs of election.
Special election—Notification of auditors—Application of
election laws.
Ballot title.
Effect of vote.
Transmission of copies of act—1986 ex.s. c 1.
Referral to electorate—Ballot title—1986 ex.s. c 1.
nuclear waste repository siting: Chapter 43.205 RCW.
29.91.010 Findings. (1) The legislature and the
people find that the federal Nuclear Waste Policy Act
provides that within sixty days of the president’s recommendation of a site for a high-level nuclear waste repository, a
state may disapprove the selection of such site in that state.
(2) The legislature and the people desire, if the governor
and legislature do not issue a notice of disapproval within
twenty-one days of the president’s recommendation, that the
people of this state have the opportunity to vote upon
disapproval. [1986 ex.s. c 1 § 3.]
29.91.020 High-level nuclear waste repository—
Selection of site in state—Special election for disapproval.
(1) Within seven days after any recommendation by the
president of the United States of a site in the state of
Washington to be a high-level nuclear waste repository under
42 U.S.C. Sec. 10136, the governor shall set the date for a
special statewide election to vote on disapproval of the
selection of such site. The special election shall be no more
than fifty days after the date of the recommendation of the
president of the United States.
(2) If either the governor or the legislature submits a
notice of disapproval to the United States congress within
twenty-one days of the date of the recommendation by the
president of the United States, then the governor is authorized to cancel the special election pursuant to subsection (1)
of this section. [1986 ex.s. c 1 § 4.]
[Title 29 RCW—page 112]
29.91.030 Costs of election. The state of Washington
shall assume the costs of any special election called under
RCW 29.91.020 in the same manner as provided in RCW
29.13.047 and 29.13.048. [1986 ex.s. c 1 § 5.]
29.91.040 Special election—Notification of auditors—Application of election laws. The secretary of state
shall promptly notify the county auditors of the date of the
special election and certify to them the text of the ballot title
for this special election. The general election laws shall
apply to the election required by RCW 29.91.020 to the
extent that they are not inconsistent with this chapter.
Statutory deadlines relating to certification, canvassing, and
the voters’ pamphlet may be modified for the election held
pursuant to RCW 29.91.020 by the secretary of state through
emergency rules adopted under RCW 29.04.080. [1986 ex.s.
c 1 § 6.]
29.91.050 Ballot title. The ballot title for the special
election called under RCW 29.91.020 shall be "Shall the
Governor be required to notify Congress of Washington’s
disapproval of the President’s recommendation of [name of
site] as a national high-level nuclear waste repository?"
[1986 ex.s. c 1 § 7.]
29.91.060 Effect of vote. If the governor or the
legislature fails to prepare and submit a notice of disapproval
to the United States congress within fifty-five days of the
president’s recommendation and a majority of the voters in
the special election held pursuant to RCW 29.91.020 favored
such notice of disapproval, then the vote of the people shall
be binding on the governor. The governor shall prepare and
submit the notice of disapproval to the United States
congress pursuant to 42 U.S.C. Sec. 10136. [1986 ex.s. c 1
§ 8.]
29.91.900 Transmission of copies of act—1986 ex.s.
c 1. Within ten days of December 4, 1986, the secretary of
state shall transmit copies of this act, including the voter
referendum results, to the president of the United States, the
United States department of energy, the president of the
United States senate, the speaker of the house of representatives, each member of congress, and the governors and
legislatures of the other forty-nine states. [1986 ex.s. c 1 §
10.]
29.91.901 Referral to electorate—Ballot title—1986
ex.s. c 1. This act shall be submitted to the people of the
state of Washington for their adoption and ratification, or
rejection, at the next succeeding general election to be held
in this state, in accordance with Article II, section 1 of the
state Constitution, as amended, and the laws adopted to
facilitate the operation thereof. The ballot title for this act
shall be: "Shall state officials continue challenges to the
federal selection process for high-level nuclear waste
repositories and shall a means be provided for voter disapproval of any Washington site?" [1986 ex.s. c 1 § 11.]
Reviser’s note: "This act," chapters 29.91 and 43.205 RCW, was
adopted and ratified by the people at the November 4, 1986, general
election (Referendum Bill No. 40).
(2002 Ed.)
Construction
Chapter 29.98
Chapter 29.98
CONSTRUCTION
Sections
29.98.010 Continuation of existing law.
29.98.020 Title, chapter, section headings not part of law.
29.98.030 Invalidity of part of title not to affect remainder.
29.98.040 Repeals and saving.
29.98.050 Emergency—1965 c 9.
Title 29 RCW controls in event of conflict with school election provisions
of Title 28A RCW: RCW 28A.320.410.
29.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1965 c 9 § 29.98.010.]
29.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1965 c 9 § 29.98.020.]
29.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1965 c 9 §
29.98.030.]
29.98.040
29.98.040.
Repeals and saving. See 1965 c 9 §
29.98.050 Emergency—1965 c 9. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions and shall take effect immediately.
[1965 c 9 § 29.98.050.]
(2002 Ed.)
[Title 29 RCW—page 113]
Title 30
BANKS AND TRUST COMPANIES
Chapters
30.04
30.08
30.12
30.16
30.20
30.22
30.24
30.32
30.36
30.38
30.42
30.43
30.44
30.46
30.49
30.53
30.56
30.60
30.98
General provisions.
Organization and powers.
Officers, employees, and stockholders.
Checks.
Deposits.
Financial institution individual account deposit act.
Investment of trust funds.
Dealings with federal loan agencies.
Capital notes or debentures.
Interstate banking.
Alien banks.
Satellite facilities.
Insolvency and liquidation.
Supervisory direction—Conservatorship.
Merger, consolidation, and conversion.
Merging trust companies.
Bank stabilization act.
Community credit needs.
Construction.
Business corporations and cooperative associations: Title 23B RCW.
Charitable trusts: Chapter 11.100 RCW.
Consumer loan act: Chapter 31.04 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Credit unions: Chapter 31.12 RCW.
Department of financial institutions: Chapter 43.320 RCW.
Depositaries
city: Chapter 35.38 RCW.
county: Chapter 36.48 RCW.
of state funds: Chapter 43.85 RCW.
Indemnification of corporation directors, officers, trustees authorized,
insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
Investment of county funds not required for immediate expenditures, service
fee: RCW 36.29.020.
Investment of funds of school district—Service fee: RCW 28A.320.320.
Life insurance payable to trustee named as beneficiary in policy or will:
RCW 48.18.450, 48.18.452.
Master license system exemption: RCW 19.02.800.
Mortgages: Title 61 RCW.
Negotiable instruments: Title 62A RCW.
Powers of appointment: Chapter 11.95 RCW.
Probate—Bank exempted from executors, administrators, and special
administrator’s bond: RCW 11.28.185, 11.32.020.
Public charitable trusts: Chapter 11.110 RCW.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
Real property and conveyances: Title 64 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Washington principal and income act of 2002: Chapter 11.104A RCW.
(2002 Ed.)
Chapter 30.04
GENERAL PROVISIONS
Sections
30.04.010
30.04.020
30.04.030
30.04.050
30.04.060
30.04.070
30.04.075
30.04.111
30.04.112
30.04.120
30.04.125
30.04.127
30.04.129
30.04.130
30.04.140
30.04.180
30.04.210
30.04.212
30.04.214
30.04.215
30.04.220
30.04.225
30.04.230
30.04.232
30.04.238
30.04.240
30.04.260
30.04.280
30.04.285
30.04.295
30.04.300
30.04.310
30.04.330
30.04.375
30.04.380
30.04.390
30.04.395
30.04.400
30.04.405
30.04.410
30.04.450
30.04.455
Definitions.
Use of words indicating bank or trust company—Penalty.
Rules—Administration and interpretation of title.
Violations—Penalty.
Examinations directed—Cooperative agreements and actions.
Cost of examination.
Examination reports and information—Confidentiality—
Disclosure—Penalty.
Limit on loans and extensions of credit to one person—
Exceptions.
"Loans or obligations" and "liabilities" limited for purposes
of RCW 30.04.111.
Loans on own stock prohibited—Shares of other corporations.
Investment in corporations—Authorized businesses.
Formation, incorporation, or investment in corporations or
other entities authorized—Approval—Exception.
Investment in obligations issued or guaranteed by multilateral development bank.
Defaulted debts, judgments to be charged off—Valuation of
assets.
Pledge of securities or assets prohibited—Exceptions.
Dividends.
Real estate holdings.
Real property and improvements thereon.
Qualifying community investments.
Engaging in other business activities.
Corporations existing under former laws.
Contributions and gifts.
Authority of corporation or association to acquire stock of
bank, trust company, or national banking association.
Additional authority of out-of-state holding company to
acquire stock or assets of bank, trust company, or national banking association.
Purchase of own capital stock authorized.
Trust business to be kept separate—Authorized deposit of
securities.
Legal services, advertising of—Penalty.
Compliance enjoined—Banking, trust business, branches.
Director’s approval of a branch—Satisfactory financial condition.
Agency agreements—Written notice to director.
Foreign branch banks.
Penalty—General.
Saturday closing authorized.
Investment in stock, participation certificates, and other
evidences of participation.
Investment in paid-in capital stock and surplus of banks or
corporations engaged in international or foreign banking.
Acquisition of stock of banks organized under laws of foreign country, etc.
Continuing authority for investments.
Bank acquisition or control—Definitions.
Bank acquisition or control—Notice or application—
Registration statement—Violations—Penalties.
Bank acquisition or control—Disapproval by director—
Change of officers.
Violations or unsafe or unsound practices—Notice of charges—Contents—Hearing—Cease and desist order.
Violations or unsafe or unsound practices—Temporary cease
and desist order—Issuance.
[Title 30 RCW—page 1]
Chapter 30.04
Title 30 RCW: Banks and Trust Companies
30.04.460
Violations or unsafe or unsound practices—Injunction to set
aside, limit, or suspend temporary order.
30.04.465 Violations or unsafe or unsound practices—Injunction to
enforce temporary order.
30.04.470 Violations or unsafe or unsound practices—Removal of
officer or employee or prohibiting participation in bank
or trust company affairs—Administrative hearing or
judicial review.
30.04.475 Violations or unsafe or unsound practices—Removal of
officer or employee or prohibiting participation in bank
or trust company affairs—Jurisdiction of courts in enforcement or issuance of orders, injunctions or judicial
review.
30.04.500 Fairness in lending act—Short title.
30.04.505 Fairness in lending act—Definitions.
30.04.510 Fairness in lending act—Unlawful practices.
30.04.515 Fairness in lending act—Sound underwriting practices not
precluded.
30.04.550 Reorganization as subsidiary of bank holding company—
Authority.
30.04.555 Reorganization as subsidiary of bank holding company—
Procedure.
30.04.560 Reorganization as subsidiary of bank holding company—
Dissenter’s rights—Conditions.
30.04.565 Reorganization as subsidiary of bank holding company—
Valuation of shares of dissenting shareholders.
30.04.570 Reorganization as subsidiary of bank holding company—
Approval of director—Certificate of reorganization—
Exchange of shares.
30.04.575 Public hearing prior to approval of reorganization—Request.
30.04.600 Shareholders—Actions authorized without meetings—
Written consent.
30.04.605 Directors, committees—Actions authorized without meetings—Written consent.
30.04.610 Directors, committees—Meetings authorized by conference
telephone or similar communications equipment.
30.04.650 Automated teller machines and night depositories security.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Depositaries of state funds: Chapter 43.85 RCW.
Employee benefit plans—Payment as discharge: RCW 49.64.030.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Interest and usury in general: Chapter 19.52 RCW.
Issuance of money, liability of stockholders: State Constitution Art. 12 §
11.
30.04.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Banking" shall include the soliciting, receiving or
accepting of money or its equivalent on deposit as a regular
business.
(2) "Bank," unless a different meaning appears from the
context, means any corporation organized under the laws of
this state engaged in banking, other than a trust company,
savings association, or a mutual savings bank.
(3) "Branch" means any established office of deposit,
domestic or otherwise, maintained by any bank or trust
company other than its head office. "Branch" does not mean
a machine permitting customers to leave funds in storage or
communicate with bank employees who are not located at
the site of the machine, unless employees of the bank at the
site of the machine take deposits on a regular basis. An
office or facility of an entity other than the bank shall not be
deemed to be established by the bank, regardless of any
affiliation, accommodation arrangement, or other relationship
between the other entity and the bank.
[Title 30 RCW—page 2]
(4) The term "trust business" shall include the business
of doing any or all of the things specified in RCW 30.08.150
(2), (3), (4), (5), (6), (7), (8), (9), (10) and (11).
(5) "Trust company," unless a different meaning appears
from the context, means any corporation organized under the
laws of this state engaged in trust business.
(6) "Person" unless a different meaning appears from
the context, shall include a firm, association, partnership or
corporation, or the plural thereof, whether resident, nonresident, citizen or not.
(7) "Director" means the director of financial institutions.
(8) "Foreign bank" and "foreign banker" shall include:
(a) Every corporation not organized under the laws of
the territory or state of Washington doing a banking business, except a national bank;
(b) Every unincorporated company, partnership or
association of two or more individuals organized under the
laws of another state or country, doing a banking business;
(c) Every other unincorporated company, partnership or
association of two or more individuals, doing a banking
business, if the members thereof owning a majority interest
therein or entitled to more than one-half of the net assets
thereof are not residents of this state;
(d) Every nonresident of this state doing a banking
business in his or her own name and right only. [1997 c
101 § 3; 1996 c 2 § 2; 1994 c 92 § 7; 1959 c 106 § 1; 1955
c 33 § 30.04.010. Prior: 1933 c 42 § 2; 1917 c 80 § 14;
RRS § 3221.]
Severability—1996 c 2: See RCW 30.38.900.
30.04.020 Use of words indicating bank or trust
company—Penalty. (1) The name of every bank shall
contain the word "bank" and the name of every trust
company shall contain the word "trust," or the word "bank."
Except as provided in RCW 33.08.030 or as otherwise
approved by the director, no person except:
(a) A national bank;
(b) A bank or trust company authorized by the laws of
this state;
(c) A corporation established under *RCW 31.30.010;
(d) A foreign corporation authorized by this title so to
do, shall:
(i) Use as a part of his or its name or other business
designation or in any manner as if connected with his or its
business or place of business any of the following words or
the plural thereof, to wit: "bank," "banking," "banker,"
"trust."
(ii) Use any sign at or about his or its place of business
or use or circulate any advertisement, letterhead, billhead,
note, receipt, certificate, blank, form, or any written or
printed or part written and part printed paper, instrument or
article whatsoever, directly or indirectly indicating that the
business of such person is that of a bank or trust company.
(2) A foreign corporation, whose name contains the
words "bank," "banker," "banking," or "trust," or whose
articles of incorporation empower it to engage in banking or
to engage in a trust business, may not engage in banking or
in a trust business in this state unless the corporation (a) is
expressly authorized to do so under this title, under federal
law, or by the director, and (b) complies with all applicable
(2002 Ed.)
General Provisions
requirements of chapter 23B.15 RCW regarding foreign
corporations. If an activity would not constitute "transacting
business" within the meaning of RCW 23B.15.010(1) or
chapter 23B.18 RCW, then the activity shall not constitute
banking or engaging in a trust business. Nothing in this
subsection shall prevent operations by an alien bank in
compliance with chapter 30.42 RCW.
(3) This section shall not prevent a lender approved by
the United States secretary of housing and urban development for participation in any mortgage insurance program
under the National Housing Act from using the words
"mortgage banker" or "mortgage banking" in the conduct of
its business, but only if both words are used together in
either of the forms which appear in quotations in this sentence.
(4) Every person who, and every director and officer of
every corporation which, to the knowledge of such director
or officer violates any provision of this section shall be
guilty of a gross misdemeanor. [1994 c 256 § 32; 1986 c
284 § 15; 1983 c 42 § 2; 1981 c 88 § 1; 1955 c 33 §
30.04.020. Prior: 1925 ex.s. c 114 § 1; 1917 c 80 § 18;
RRS § 3225.]
*Reviser’s note: RCW 31.30.010 was repealed by 1998 c 12 § 1.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1986 c 284: See RCW 31.30.900.
30.04.030 Rules—Administration and interpretation
of title. The director shall have power to adopt uniform
rules in accordance with the administrative procedure act,
chapter 34.05 RCW, to govern examinations and reports of
banks and trust companies and the form in which they shall
report their assets, liabilities, and reserves, charge off bad
debts and otherwise keep their records and accounts, and
otherwise to govern the administration of this title. The
director shall mail a copy of the rules to each bank and trust
company at its principal place of business.
The director shall have the power, and broad administrative discretion, to administer and interpret the provisions of
this title to facilitate the delivery of financial services to the
citizens of the state of Washington by the banks and trust
companies subject to this title. [1994 c 92 § 8; 1986 c 279
§ 1; 1955 c 33 § 30.04.030. Prior: 1917 c 80 § 58, part;
RRS § 3265, part.]
30.04.050 Violations—Penalty. Every bank and trust
company and their officers, employees, and agents shall
comply with the rules and regulations. The violation of any
rule or regulation in addition to any other penalty provided
in this title, shall subject the offender to a penalty of one
hundred dollars for each offense, to be recovered by the attorney general in a civil action in the name of the state.
Each day’s continuance of the violation shall be a separate
and distinct offense. [1955 c 33 § 30.04.050. Prior: 1917
c 80 § 58, part; RRS § 3265, part.]
30.04.060 Examinations directed—Cooperative
agreements and actions. (1) The director, assistant director,
or an examiner shall visit each bank and each trust company
at least once every eighteen months, and oftener if necessary,
for the purpose of making a full investigation into the condition of such corporation, and for that purpose they are
(2002 Ed.)
30.04.020
hereby empowered to administer oaths and to examine under
oath any director, officer, employee, or agent of such
corporation. The director may make such other full or
partial examinations as deemed necessary and may examine
any bank holding company that owns any portion of a bank
or trust company chartered by the state of Washington and
obtain reports of condition for any bank holding company
that owns any portion of a bank or trust company chartered
by the state of Washington. The director may visit and
examine into the affairs of any nonpublicly held corporation
in which the bank, trust company, or bank holding company
has an investment or any publicly held corporation the
capital stock of which is controlled by the bank, trust company, or bank holding company; may appraise and revalue
such corporations’ investments and securities; and shall have
full access to all the books, records, papers, securities,
correspondence, bank accounts, and other papers of such
corporations for such purposes. The director may, in his or
her discretion, accept in lieu of the examinations required in
this section the examinations conducted at the direction of
the federal reserve board or the Federal Deposit Insurance
Corporation. Any willful false swearing in any examination
is perjury in the second degree.
(2) The director may enter into cooperative and reciprocal agreements with the bank regulatory authorities of the
United States, any state, the District of Columbia, or any
trust territory of the United States for the periodic examination of domestic bank holding companies owning banking
institutions in other states, the District of Columbia, or trust
territories, and subsidiaries of such domestic bank holding
companies, or of out-of-state bank holding companies
owning a bank or trust company the principal operations of
which are conducted in this state. The director may accept
reports of examination and other records from such authorities in lieu of conducting his or her own examinations. The
director may enter into joint actions with other regulatory
bodies having concurrent jurisdiction or may enter into such
actions independently to carry out his or her responsibilities
under this title and assure compliance with the laws of this
state. [1994 c 92 § 9; 1989 c 180 § 1; 1985 c 305 § 3; 1983
c 157 § 3; 1982 c 196 § 6; 1955 c 33 § 30.04.060. Prior:
1937 c 48 § 1; 1919 c 209 § 5; 1917 c 80 § 7; RRS §
3214.]
Severability—1983 c 157: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 157 § 12.]
Severability—1982 c 196: See note following RCW 30.04.550.
Director of financial institutions: Chapter 43.320 RCW.
30.04.070 Cost of examination. The director shall
collect from each bank, mutual savings bank, trust company
or industrial loan company for each examination of its
condition the estimated actual cost of such examination.
[1994 c 92 § 10; 1955 c 33 § 30.04.070. Prior: 1929 c 73
§ 1; 1923 c 172 § 16; 1921 c 73 § 1; 1917 c 80 § 8; RRS §
3215.]
30.04.075 Examination reports and information—
Confidentiality—Disclosure—Penalty. (1) All examination
reports and all information obtained by the director and the
director’s staff in conducting examinations of banks, trust
[Title 30 RCW—page 3]
30.04.075
Title 30 RCW: Banks and Trust Companies
companies, or alien banks, and information obtained by the
director and the director’s staff from other state or federal
bank regulatory authorities with whom the director has
entered into agreements pursuant to RCW 30.04.060(2), and
information obtained by the director and the director’s staff
relating to examination and supervision of bank holding
companies owning a bank in this state or subsidiaries of such
holding companies, is confidential and privileged information
and shall not be made public or otherwise disclosed to any
person, firm, corporation, agency, association, governmental
body, or other entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or any part of examination reports
prepared by the director’s office to:
(a) Federal agencies empowered to examine state banks,
trust companies, or alien banks;
(b) Bank regulatory authorities with whom the director
has entered into agreements pursuant to RCW 30.04.060(2),
and other bank regulatory authorities who are the primary
regulatory authority or insurer of accounts for a bank holding
company owning a bank, trust company, or national banking
association the principal operations of which are conducted
in this state or a subsidiary of such holding company;
provided that the director shall first find that the reports of
examination to be furnished shall receive protection from
disclosure comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges
subject to legal process, valid search warrant, or subpoena.
If the director furnishes any examination report to officials
empowered to investigate criminal charges, the director may
only furnish that part of the report which is necessary and
pertinent to the investigation, and the director may do this
only after notifying the affected bank, trust company, or
alien bank and any customer of the bank, trust company, or
alien bank who is named in that part of the examination or
report ordered to be furnished unless the officials requesting
the report first obtain a waiver of the notice requirement
from a court of competent jurisdiction for good cause;
(d) The examined bank, trust company, or alien bank,
or holding company thereof;
(e) The attorney general in his or her role as legal
advisor to the director;
(f) Liquidating agents of a distressed bank, trust company, or alien bank;
(g) A person or organization officially connected with
the bank as officer, director, attorney, auditor, or independent
attorney or independent auditor;
(h) The Washington public deposit protection commission as provided by RCW 39.58.105.
(3) All examination reports furnished under subsections
(2) and (4) of this section shall remain the property of the
department of financial institutions, and be confidential and
no person, agency, or authority to whom reports are furnished or any officer, director, or employee thereof shall
disclose or make public any of the reports or any information contained therein except in published statistical material
that does not disclose the affairs of any individual or corporation: PROVIDED, That nothing herein shall prevent the
use in a criminal prosecution of reports furnished under
subsection (2) of this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
[Title 30 RCW—page 4]
the bank, trust company, or alien bank. The report shall
remain the property of the director and will be furnished to
the bank, trust company, or alien bank solely for its confidential use. Under no circumstances shall the bank, trust
company, or alien bank or any of its directors, officers, or
employees disclose or make public in any manner the report
or any portion thereof, to any person or organization not
connected with the bank as officer, director, employee,
attorney, auditor, or candidate for executive office with the
bank. The bank may also, after execution of an agreement
not to disclose information in the report, disclose the report
or relevant portions thereof to a party proposing to acquire
or merge with the bank.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations,
or obtained from other state and federal bank regulatory
authorities with whom the director has entered into agreements pursuant to RCW 30.04.060(2), or relating to examination and supervision of bank holding companies owning a
bank, trust company, or national banking association the
principal operations of which are conducted in this state or
a subsidiary of such holding company, or information
obtained as a result of applications or investigations pursuant
to RCW 30.04.230, shall not be subject to public disclosure
under chapter 42.17 RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning
an application for a new bank or trust company or an
application for a branch of a bank, trust company, or alien
bank: PROVIDED, That the director may adopt rules
making confidential portions of the reports if in the
director’s opinion the public disclosure of the portions of the
report would impair the ability to obtain the information
which the director considers necessary to fully evaluate the
application.
(8) Every person who violates any provision of this
section shall be guilty of a gross misdemeanor. [1994 c 92
§ 11; 1989 c 180 § 2; 1986 c 279 § 2; 1977 ex.s. c 245 § 1.]
Severability—1977 ex.s. c 245: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 245 § 6.]
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
30.04.111 Limit on loans and extensions of credit to
one person—Exceptions. The total loans and extensions of
credit by a bank or trust company to a person outstanding at
any one time shall not exceed twenty percent of the capital
and surplus of such bank or trust company. The following
loans and extensions of credit shall not be subject to this
limitation:
(2002 Ed.)
General Provisions
(1) Loans or extensions of credit arising from the
discount of commercial or business paper evidencing an
obligation to the person negotiating it with recourse;
(2) Loans or extensions of credit secured by bonds,
notes, certificates of indebtedness, or treasury bills of the
United States or by other such obligations wholly guaranteed
as to principal and interest by the United States;
(3) Loans or extensions of credit to or secured by
unconditional takeout commitments or guarantees of any
department, agency, bureau, board, commission, or establishment of the United States or any corporation wholly
owned directly or indirectly by the United States;
(4) Loans or extensions of credit fully secured by a
segregated deposit account or accounts in the lending bank;
(5) Loans or extensions of credit secured by collateral
having a readily ascertained market value of at least one
hundred fifteen percent of the outstanding amount of the
loan or extension of credit;
(6) Loans or extensions of credit secured by bills of
lading, warehouse receipts, or similar documents transferring
or securing title to readily marketable staples shall be subject
to a limitation of thirty-five percent of capital and surplus in
addition to the general limitations, if the market value of the
staples securing each additional loan or extension of credit
at all times equals or exceeds one hundred fifteen percent of
the outstanding amount of the loan or extension of credit.
The staples shall be fully covered by insurance whenever it
is customary to insure the staples;
(7) The purchase of bankers’ acceptances of the kind
described in section 13 of the federal reserve act and issued
by other banks shall not be subject to any limitation based
on capital and surplus;
(8) The unpaid purchase price of a sale of bank property, if secured by such property.
For the purposes of this section "capital" shall include
the amount of common stock outstanding and unimpaired,
the amount of preferred stock outstanding and unimpaired,
and capital notes or debentures issued pursuant to chapter
30.36 RCW.
For the purposes of this section "surplus" shall include
capital surplus, reflecting the amounts paid in excess of the
par or stated value of capital stock, or amounts contributed
to the bank other than for capital stock, and undivided
profits.
The term "person" shall include an individual, sole
proprietor, partnership, joint venture, association, trust,
estate, business trust, corporation, sovereign government or
agency, instrumentality, or political subdivision thereof, or
any similar entity or organization.
The director may prescribe rules to administer and carry
out the purposes of this section, including without limitation
rules to define or further define terms used in this section
and to establish limits or requirements other than those
specified in this section for particular classes or categories of
loans or extensions of credit, and to determine when a loan
putatively made to a person shall, for purposes of this
section, be attributed to another person. In adopting the
rules, the director shall be guided by rulings of the comptroller of the currency that govern lending limits applicable to
national commercial banks. [1995 c 344 § 1; 1994 c 92 §
12; 1986 c 279 § 3.]
(2002 Ed.)
30.04.111
30.04.112 "Loans or obligations" and "liabilities"
limited for purposes of RCW 30.04.111. Sales of federal
reserve funds with a maturity of one business day or under
a continuing contract are not "loans or obligations" or
"liabilities" for the purposes of the loan limits established by
RCW 30.04.111. However, sales of federal reserve funds
with a maturity of more than one business day are subject to
those limits.
For the purposes of this section, "sale of federal reserve
funds" means any transaction among depository institutions
involving the disposal of immediately available funds
resulting from credits to deposit balances at federal reserve
banks or from credits to new or existing deposit balances
due from a correspondent depository institution. [1989 c 220
§ 1; 1983 c 157 § 2.]
Severability—1983 c 157: See note following RCW 30.04.060.
30.04.120 Loans on own stock prohibited—Shares
of other corporations. The shares of stock of every bank
and trust company shall be deemed personal property. No
such corporation shall hereafter make any loan or discount
on the security of its own capital stock, nor be the purchaser
or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; in which case the stocks so
purchased or acquired shall be sold at public or private sale,
or otherwise disposed of, within six months from the time of
its purchase or acquisition. Except as hereinafter provided
or otherwise permitted by law, nothing herein contained shall
authorize the purchase by any such bank or trust company
for its own account of any shares of stock of any corporation, except a federal reserve bank of which such corporation
shall become a member, and then only to the extent required
by such federal reserve bank: PROVIDED, That any bank
or trust company may purchase, acquire and hold shares of
stock in any other corporation which shares have been previously pledged as security to any loan or discount made in
good faith and such purchase shall be necessary to prevent
loss upon a debt previously contracted in good faith and
stock so purchased or acquired shall be sold at public or
private sale or otherwise disposed of within two years from
the time of its purchase or acquisition. Any time limit
imposed in this section may be extended by the director
upon cause shown. Banks and trust companies are authorized to make loans on the security of the capital stock of a
bank or trust company other than the lending corporation.
[1994 c 92 § 13; 1986 c 279 § 4; 1973 1st ex.s. c 104 § 1;
1955 c 33 § 30.04.120. Prior: 1943 c 187 § 1; 1933 c 42
§ 9; 1929 c 73 § 5; 1917 c 80 § 36; Rem. Supp. 1943 §
3243.]
30.04.125 Investment in corporations—Authorized
businesses. Unless otherwise prohibited by law, any state
bank or trust company may invest in the capital stock of
corporations organized to conduct the following businesses:
(1) A safe deposit business: PROVIDED, That the
amount of investment does not exceed fifteen percent of its
capital stock and surplus, without the approval of the
director;
(2) A corporation holding the premises of the bank or
its branches: PROVIDED, That without the approval of the
[Title 30 RCW—page 5]
30.04.125
Title 30 RCW: Banks and Trust Companies
director, the investment of such stock shall not exceed,
together with all loans made to the corporation by the bank,
a sum equal to the amount permitted to be invested in the
premises by RCW 30.04.210;
(3) Stock in a small business investment company
licensed and regulated by the United States as authorized by
the small business act, Public Law 85-536, 72 Statutes at
Large 384, in an amount not to exceed five percent of its
capital and surplus without the approval of the director;
(4) Capital stock of a banking service corporation or
corporations. The total amount that a bank may invest in the
shares of such corporation may not exceed ten percent of its
capital and surplus without the approval of the director. A
bank service corporation may not engage in any activity
other than those permitted by the bank service corporation
act, 12 U.S.C. Sec. 1861, et seq., as subsequently amended
and in effect on December 31, 1993. The performance of
any service, and any records maintained by any such
corporation for a bank, shall be subject to regulation and
examination by the director and appropriate federal agencies
to the same extent as if the services or records were being
performed or maintained by the bank on its own premises;
(5) Capital stock of a federal reserve bank to the extent
required by such federal reserve bank;
(6) A corporation engaging in business activities that
have been determined by the board of governors of the
federal reserve system or by the United States congress to be
closely related to the business of banking, as of December
31, 1993;
(7) A governmentally sponsored corporation engaged in
secondary marketing of loans and the stock of which must
be owned in order to participate in its marketing activities;
(8) A corporation in which all of the voting stock is
owned by the bank and that engages exclusively in
nondeposit-taking activities that are authorized to be engaged
in by the bank or trust company;
(9) A bank or trust company may purchase for its own
account shares of stock of a bank or a holding company that
owns or controls a bank if the stock of the bank or company
is owned exclusively, except to the extent directly qualifying
shares are required by law, by depository institutions and the
bank or company and all subsidiaries thereof are engaged
exclusively in providing services for other depository
institutions and their officers, directors, and employees. In
no event may the total amount of such stock held by a bank
or trust company in any bank or bank holding company
exceed at any time ten percent of its capital stock and paidin and unimpaired surplus, and in no event may the purchase
of such stock result in a bank or trust company acquiring
more than twenty-five percent of any class of voting securities of such bank or company. Such a bank or bank holding
company shall be called a "banker’s bank." [1994 c 256 §
33; 1994 c 92 § 14; 1986 c 279 § 5.]
Reviser’s note: This section was amended by 1994 c 92 § 14 and by
1994 c 256 § 33, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.127 Formation, incorporation, or investment
in corporations or other entities authorized—Approval—
Exception. (1) A bank or trust company, alone or in
[Title 30 RCW—page 6]
conjunction with other entities, may form, incorporate, or
invest in corporations or other entities, whether or not such
other corporation or entity is related to the bank or trust
company’s business. The aggregate amount of funds
invested, or used in the formation of corporations or other
entities under this section shall not exceed ten percent of the
assets or fifty percent of the net worth, whichever is less, of
the bank or trust company. For purposes of this subsection,
"net worth" means the aggregate of capital, surplus, undivided profits, and all capital notes and debentures which are
subordinate to the interest of depositors.
(2) A bank or trust company may engage in an activity
permitted under this section only with the prior authorization
of the director. In approving or denying a proposed activity,
the director shall consider the financial and management
strength of the institution, the convenience and needs of the
public, and whether the proposed activity should be conducted through a subsidiary or affiliate of the bank. The director
may not authorize under this section and no bank or trust
company may act as an insurance or travel agent unless
otherwise authorized by state statute. [1994 c 92 § 15; 1987
c 498 § 1.]
30.04.129 Investment in obligations issued or
guaranteed by multilateral development bank. Any bank
or trust company may invest in obligations issued or guaranteed by any multilateral development bank in which the
United States government formally participates. Such
investment in any one multilateral development bank shall
not exceed five percent of the bank’s or trust company’s
paid-in capital and surplus. [1985 c 301 § 2.]
30.04.130 Defaulted debts, judgments to be charged
off—Valuation of assets. Based on examinations directed
pursuant to RCW 30.04.060 or other appropriate information,
all assets or portion thereof that the director may have
required a bank or trust company to charge off shall be
charged off. No bank or trust company shall enter or at any
time carry on its books any of its assets or liabilities at a
valuation contrary to generally accepted accounting principles. [1994 c 256 § 34; 1994 c 92 § 16; 1986 c 279 § 6;
1955 c 33 § 30.04.130. Prior: 1937 c 61 § 1; 1919 c 209
§ 15; 1917 c 80 § 47; RRS § 3254.]
Reviser’s note: This section was amended by 1994 c 92 § 16 and by
1994 c 256 § 34, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.140 Pledge of securities or assets prohibited—
Exceptions. No bank or trust company shall pledge or
hypothecate any of its securities or assets to any depositor,
except that it may qualify as depositary for United States
deposits, or other public funds, or funds held in trust and
deposited by any public officer by virtue of his office, or as
a depository for the money of estates under the statutes of
the United States pertaining to bankruptcy or funds deposited
by a trustee or receiver in bankruptcy appointed by any court
of the United States or any referee thereof, or funds held by
the United States or the state of Washington, or any officer
thereof in trust, or for funds of corporations owned or
(2002 Ed.)
General Provisions
controlled by the United States, and may give such security
for such deposits as are required by law or by the officer
making the same; and it may give security to its trust department for deposits with itself which represent trust funds
invested in savings accounts or which represent fiduciary
funds awaiting investment or distribution. [1986 c 279 § 7;
1983 c 157 § 6; 1967 c 133 § 2; 1955 c 33 § 30.04.140.
Prior: 1933 c 42 § 24, part; 1917 c 80 § 54, part; RRS §
3261, part.]
Severability—1983 c 157: See note following RCW 30.04.060.
30.04.180 Dividends. No bank or trust company shall
declare or pay any dividend to an amount greater than its
retained earnings, without approval from the director. The
director shall in his or her discretion have the power to require any bank or trust company to suspend the payment of
any and all dividends until all requirements that may have
been made by the director shall have been complied with;
and upon such notice to suspend dividends no bank or trust
company shall thereafter declare or pay any dividends until
such notice has been rescinded in writing. A dividend is
payable in cash, property, or capital stock, but the restrictions on the payment of a dividend (other than restrictions
imposed by the director pursuant to his or her authority to
require the suspension of the payment of any or all dividends) do not apply to a dividend payable by the bank or
trust company solely in its own capital stock. For purposes
of this section, "retained earnings" shall be determined by
generally accepted accounting principles. [1994 c 256 § 35;
1994 c 92 § 17; 1986 c 279 § 8; 1981 c 89 § 1; 1969 c 136
§ 2; 1955 c 33 § 30.04.180. Prior: 1933 c 42 § 7; 1931 c
11 § 1; 1917 c 80 § 33; RRS § 3240.]
Reviser’s note: This section was amended by 1994 c 92 § 17 and by
1994 c 256 § 35, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 89: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 89 § 8.]
30.04.210 Real estate holdings. A bank or trust
company may purchase, hold, and convey real estate for the
following purposes:
(1) Such as shall be necessary for the convenient
transaction of its business, including with its banking offices
other space in the same building to rent as a source of
income: PROVIDED, That any bank or trust company shall
not invest for such purposes more than the greater of: (a)
Fifty percent of its capital, surplus, and undivided profits; or
(b) one hundred twenty-five percent of its capital stock
without the approval of the director.
(2) Such as shall be purchased or conveyed to it in
satisfaction, or on account of, debts previously contracted in
the course of its business.
(3) Such as it shall purchase at sale under judgments,
decrees, liens, or mortgage foreclosures, from debts owed to
it.
(4) Such as a trust company receives in trust or acquires
pursuant to the terms or authority of any trust.
(2002 Ed.)
30.04.140
(5) Such as it may take title to or for the purpose of
investing in real estate conditional sales contracts.
(6) Such as shall be purchased, held, or conveyed in
accordance with RCW 30.04.212 granting banks the power
to invest directly or indirectly in unimproved or improved
real estate. [1994 c 256 § 36; 1994 c 92 § 18; 1986 c 279
§ 9; 1985 c 329 § 4; 1979 c 142 § 1; 1973 1st ex.s. c 104 §
2; 1955 c 33 § 30.04.210. Prior: 1947 c 149 § 1; 1917 c 80
§ 37; Rem. Supp. 1947 § 3244.]
Reviser’s note: This section was amended by 1994 c 92 § 18 and by
1994 c 256 § 36, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Severability—Effective date—1985 c 329: See RCW 30.60.900 and
30.60.901.
Adoption of rules: RCW 30.60.030.
30.04.212 Real property and improvements thereon.
(1) In addition to the powers granted under RCW 30.04.210
and subject to the limitations and restrictions contained in
this section and in RCW 30.60.010 and 30.60.020, a bank:
(a) May acquire any interest in unimproved or improved
real property;
(b) May construct, alter, and manage improvements of
any description on real estate in which it holds a substantial
equity interest.
(2) The powers granted under subsection (1) of this
section do not include, and a bank may not:
(a) Manage any real property in which the bank does
not own a substantial equity interest;
(b) Engage in activities of selling, leasing, or otherwise
dealing in real property as an agent or broker; or
(c) Acquire any equity interest in any one to four-family
dwelling that is used as a principal residence by the owner
of the dwelling; however, this shall not prohibit a bank from
making loans secured by such dwelling where all or part of
the bank’s anticipated compensation results from the appreciation and sale of such dwelling.
(3) The aggregate amount of funds invested under this
section shall not exceed two percent of a bank’s capital,
surplus, and undivided profits. Such percentage amount
shall be increased based upon the most recent community
reinvestment rating assigned to a bank by the director in
accordance with RCW 30.60.010, as follows:
(a) Excellent performance:
Increase to 10%
(b) Good performance:
Increase to 8%
(c) Satisfactory performance:
Increase to 6%
(d) Inadequate performance:
Increase to 3%
(e) Poor performance:
No increase
(4) For purposes of this section only, each bank will be
deemed to have been assigned a community reinvestment
rating of "1" for the period beginning with January 1, 1986,
and ending December 31, 1986. Thereafter, each bank will
be assigned an annual rating in accordance with RCW
30.60.010, which rating shall remain in effect for the next
succeeding year and until the director has conducted a new
investigation and assigned a new rating for the next succeeding year, the process repeating on an annual basis.
(5) No bank may at any time be required to dispose of
any investment made in accordance with this section due to
[Title 30 RCW—page 7]
30.04.212
Title 30 RCW: Banks and Trust Companies
the fact that the bank is not then authorized to acquire such
investment, if such investment was lawfully acquired by the
bank at the time of acquisition.
(6) The director shall limit the amount that may be
invested in a single project or investment and may adopt any
rule necessary to the safe and sound exercise of powers
granted by this section. [1994 c 92 § 19; 1985 c 329 § 5.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Severability—Effective date—1985 c 329: See RCW 30.60.900 and
30.60.901.
Adoption of rules: RCW 30.60.030.
30.04.214 Qualifying community investments. (1)
An amount equal to ten percent of the aggregate amount
invested in real estate in accordance with RCW 30.04.212
shall be placed in qualifying community investments as
defined in subsection (2) of this section.
(2) "Qualifying community investment" means any
direct or indirect investment or extension of credit made by
a bank in projects or programs designed to develop or
redevelop areas in which persons with low or moderate
incomes reside, designed to meet the credit needs of such
low or moderate-income areas, or that primarily benefits low
and moderate-income residents of such areas. The term
includes, but is not limited to, any of the following within
the state of Washington:
(a) Investments in governmentally insured, guaranteed,
subsidized, or otherwise sponsored programs for housing,
small farms, or businesses that address the needs of the low
and moderate-income areas.
(b) Investments in residential mortgage loans, home
improvements loans, housing rehabilitation loans, and small
business or small farm loans originated in low and moderateincome areas, or the purchase of such loans originated in
low and moderate-income areas.
(c) Investments for the preservation or revitalization of
urban or rural communities in low and moderate-income
areas.
The term does not include personal installment loans,
loans made to purchase, or loans secured by an automobile.
(3) A qualifying community investment made by an
entity that wholly owns a bank, is wholly owned by a bank,
or is wholly owned by an entity that wholly owns the bank
is deemed to have been made by a bank to satisfy the
requirements of subsection (1) of this section. [1985 c 329
§ 6.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Severability—Effective date—1985 c 329: See RCW 30.60.900 and
30.60.901.
Adoption of rules: RCW 30.60.030.
30.04.215 Engaging in other business activities. (1)
Notwithstanding any other provisions of law, in addition to
all powers enumerated by this title, and those necessarily
implied therefrom, a bank may engage in other business
activities that have been determined by the board of governors of the federal reserve system or by the United States
Congress to be closely related to the business of banking, as
of December 31, 1993.
(2) A bank that desires to perform an activity that is not
expressly authorized by subsection (1) of this section shall
[Title 30 RCW—page 8]
first apply to the director for authorization to conduct such
activity. Within thirty days of the receipt of this application,
the director shall determine whether the activity is closely
related to the business of banking, whether the public
convenience and advantage will be promoted, whether the
activity is apt to create an unsafe or unsound practice by the
bank and whether the applicant is capable of performing
such an activity. If the director finds the activity to be
closely related to the business of banking and the bank is
otherwise qualified, he or she shall forthwith inform the
applicant that the activity is authorized. If the director
determines that such activity is not closely related to the
business of banking or the bank is not otherwise qualified,
he or she shall forthwith inform the applicant in writing.
The applicant shall have the right to appeal from an unfavorable determination in accordance with the procedures of the
Administrative Procedure Act, chapter 34.05 RCW. In
determining whether a particular activity is closely related to
the business of banking, the director shall be guided by the
rulings of the board of governors of the federal reserve
system and the comptroller of the currency in making
determinations in connection with the powers exercisable by
bank holding companies, and the activities performed by
other commercial banks or their holding companies.
(3) Notwithstanding any restrictions, limitations, and requirements of law, in addition to all powers, express or
implied, that a bank has under the laws of this state, a bank
shall have the powers and authorities conferred as of August
31, 1994, upon [a] federally chartered bank doing business
in this state. A bank may exercise the powers and authorities conferred on a federally chartered bank after this date,
only if the director finds that the exercise of such powers
and authorities:
(a) Serves the convenience and advantage of depositors,
borrowers, or the general public; and
(b) Maintains the fairness of competition and parity
between state-chartered banks and federally chartered banks.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate
governance and operational matters.
The restrictions, limitations, and requirements applicable
to specific powers or authorities of federally chartered banks
shall apply to banks exercising those powers or authorities
permitted under this subsection but only insofar as the
restrictions, limitations, and requirements relate to exercising
the powers or authorities granted banks solely under this
subsection.
(4) Any activity which may be performed by a bank,
except the taking of deposits, may be performed by (a) a
corporation or (b) another entity approved by the director,
which in either case is owned in whole or in part by the
bank. [1995 c 344 § 2; 1995 c 134 § 2. Prior: 1994 c 256
§ 37; 1994 c 92 § 20; 1986 c 279 § 10; 1983 c 157 § 8;
1969 c 136 § 7.]
Reviser’s note: This section was amended by 1995 c 134 § 2 and by
1995 c 344 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1983 c 157: See note following RCW 30.04.060.
(2002 Ed.)
General Provisions
30.04.220 Corporations existing under former laws.
Every corporation, which on March 10, 1917, was actually
and publicly engaged in banking or trust business in this
state in full compliance with the laws hereof, which were in
force immediately prior to March 10, 1917, may, if it otherwise complies with the provisions of this title, continue its
said business, subject to the terms and regulations hereof and
without amending its articles of incorporation, although its
name and the amount of its capital stock, the number or
length of terms of its directors or the form of its articles of
incorporation do not comply with the requirements of this title: PROVIDED,
(1) That any such bank, which was by the director
lawfully permitted to operate, although its capital stock was
not fully paid in, shall pay in the balance of its capital stock
at such times and in such amounts as the director may
require;
(2) That, except with written permission of the director,
any bank or trust company which shall amend its articles of
incorporation must in such event comply with all the
requirements of this title. [1994 c 92 § 21; 1955 c 33 §
30.04.220. Prior: 1937 c 31 § 1; 1917 c 80 § 78; RRS §
3285.]
30.04.225 Contributions and gifts. In the absence of
an express prohibition in its articles of incorporation, the
making of contributions or gifts for the public welfare, or for
charitable, scientific, or educational purposes by a state bank
or trust company is within its powers and shall be deemed
to inure to the benefit of the bank. [1986 c 279 § 11.]
30.04.230 Authority of corporation or association to
acquire stock of bank, trust company, or national
banking association. (1) A corporation or association organized under the laws of this state or licensed to transact
business in the state may acquire any or all shares of stock
of any bank, trust company, or national banking association.
Nothing in this section shall be construed to prohibit the
merger, consolidation, or reorganization of a bank or trust
company in accordance with this title.
(2) Unless the terms of this section or RCW 30.04.232
are complied with, an out-of-state bank holding company
shall not acquire more than five percent of the shares of the
voting stock or all or substantially all of the assets of a bank,
trust company, or national banking association the principal
operations of which are conducted within this state.
(3) As used in this section a "bank holding company"
means a company that is a bank holding company as defined
by the Bank Holding Company Act of 1956, as amended (12
U.S.C. Sec. 1841 et seq.). An "out-of-state bank holding
company" is a bank holding company that principally
conducts its operations outside this state, as measured by
total deposits held or controlled by its bank subsidiaries on
the date on which it became a holding company. A "domestic bank holding company" is a bank holding company
that principally conducts its operations within this state, as
measured by total deposits held or controlled by its bank
subsidiaries on the date on which it became a bank holding
company.
(4) Any such acquisition referred to under subsection (2)
of this section by an out-of-state bank holding company
(2002 Ed.)
30.04.220
requires the express written approval of the director.
Approval shall not be granted unless and until the following
conditions are met:
(a) An out-of-state bank holding company desiring to
make an acquisition referred to under subsection (2) of this
section and the bank, trust company, national banking
association, or domestic bank holding company parent
thereof, if any, proposed to be acquired shall file an application in writing with the director. The director shall by rule
establish the fee schedule to be collected from the applicant
in connection with the application. The fee shall not exceed
the cost of processing the application. The application shall
contain such information as the director may prescribe by
rule as necessary or appropriate for the purpose of making
a determination under this section. The application and supporting information and all examination reports and information obtained by the director and the director’s staff in
conducting its investigation shall be confidential and privileged and not subject to public disclosure under chapter
42.17 RCW. The application and information may be
disclosed to federal bank regulatory agencies and to officials
empowered to investigate criminal charges, subject to legal
process, valid search warrant, or subpoena. In any civil
action in which such application or information is sought to
be discovered or used as evidence, any party may, upon
notice to the director and other parties, petition for an in
camera review. The court may permit discovery and
introduction of only those portions that are relevant and
otherwise unobtainable by the requesting party. The application and information shall be discoverable in any
judicial action challenging the approval of an acquisition by
the director as arbitrary and capricious or unlawful.
(b) The director shall find that:
(i) The bank, trust company, or national banking
association that is proposed to be acquired or the domestic
bank holding company controlling such bank, trust company,
or national banking association is in such a liquidity or
financial condition as to be in danger of closing, failing, or
insolvency. In making any such determination the director
shall be guided by the criteria developed by the federal
regulatory agencies with respect to emergency acquisitions
under the provisions of 12 U.S.C. Sec. 1828(c);
(ii) There is no state bank, trust company, or national
banking association doing business in the state of Washington or domestic bank holding company with sufficient
resources willing to acquire the entire bank, trust company,
or national banking association on at least as favorable terms
as the out-of-state bank holding company is willing to
acquire it;
(iii) The applicant out-of-state bank holding company
has provided all information and documents requested by the
director in relation to the application; and
(iv) The applicant out-of-state bank holding company
has demonstrated an acceptable record of meeting the credit
needs of its entire community, including low and moderate
income neighborhoods, consistent with the safe and sound
operation of such institution.
(c) The director shall consider:
(i) The financial institution structure of this state; and
(ii) The convenience and needs of the public of this
state.
[Title 30 RCW—page 9]
30.04.230
Title 30 RCW: Banks and Trust Companies
(5) Nothing in this section may be construed to prohibit,
limit, restrict, or subject to further regulation the ownership
by a bank of the stock of a bank service corporation or a
banker’s bank. [1994 c 92 § 22; 1987 c 420 § 2. Prior:
1985 c 310 § 2; 1985 c 305 § 4; 1983 c 157 § 9; 1982 c 196
§ 7; 1981 c 89 § 2; 1973 1st ex.s. c 92 § 1; 1961 c 69 § 1;
1955 c 33 § 30.04.230; prior: 1933 c 42 § 10; RRS § 32431.]
Construction—Effective date—1985 c 310: See notes following
RCW 30.04.232.
Severability—1983 c 157: See note following RCW 30.04.060.
Severability—1982 c 196: See note following RCW 30.04.550.
Severability—1981 c 89: See note following RCW 30.04.180.
30.04.232 Additional authority of out-of-state
holding company to acquire stock or assets of bank, trust
company, or national banking association. (1) In addition
to an acquisition pursuant to RCW 30.04.230, an out-of-state
bank holding company may acquire more than five percent
of the voting stock or all or substantially all of the assets of
a bank, trust company, or national banking association, the
principal operations of which are conducted within this state,
if the bank, trust company, or national banking association
or its predecessor, the voting stock of which is to be
acquired, shall have been conducting business for a period
of not less than five years.
(2) The director, consistent with 12 U.S.C. Sec.
1842(d)(2)(D), may approve an acquisition if the standard on
which the approval is based does not discriminate against
out-of-state banks, out-of-state bank holding companies, or
subsidiaries of those banks or holding companies.
(3) As used in this section, the terms "bank holding
company," "domestic bank holding company," and "out-ofstate bank holding company" shall have the meanings
provided in RCW 30.04.230. [1996 c 2 § 3; 1994 c 92 § 23;
1985 c 310 § 1.]
Severability—1996 c 2: See RCW 30.38.900.
Construction—1985 c 310: "Nothing in this act shall be deemed to
expand or limit the power of a bank holding company or bank to engage in
the insurance business." [1985 c 310 § 3.]
Effective date—1985 c 310: "This act shall take effect July 1, 1987."
[1985 c 310 § 4.]
30.04.238 Purchase of own capital stock authorized.
(1) Notwithstanding any other provision of this title, a bank,
with the prior approval of the director, may purchase shares
of its own capital stock.
(2) When a bank purchases such shares, its capital
accounts shall be reduced appropriately. The shares shall be
held as authorized but unissued shares. [1994 c 92 § 24;
1986 c 279 § 12; 1985 c 305 § 1.]
30.04.240 Trust business to be kept separate—
Authorized deposit of securities. (1) Every corporation
doing a trust business shall maintain in its office a trust
department in which it shall keep books and accounts of its
trust business, separate and apart from its other business.
Such books and accounts shall specify the cash, securities
and other properties, real and personal, held in each trust,
and such securities and properties shall be at all times
segregated from all other securities and properties except as
[Title 30 RCW—page 10]
otherwise provided in this section. Any person connected
with a bank or trust company who shall, contrary to this
section or any other provision of law, commingle any funds
or securities of any kind held by such corporation in trust,
for safekeeping or as agent for another, with the funds or
assets of the corporation shall be guilty of a felony.
(2) Notwithstanding any other provisions of law, any
fiduciary holding securities in its fiduciary capacity or any
state bank, national bank, or trust company holding securities
as fiduciary or as custodian for a fiduciary is authorized to
deposit or arrange for the deposit of such securities: (a) In
a clearing corporation (as defined in Article 8 of the Uniform Commercial Code, chapter 62A.8 RCW); (b) within
another state bank, national bank, or trust company having
trust power whether located inside or outside of this state; or
(c) within itself. When such securities are so deposited,
certificates representing securities of the same class of the
same issuer may be merged and held in bulk in the name of
the nominee of such clearing corporation or state bank,
national bank, or trust company holding the securities as the
depository, with any other such securities deposited in such
clearing corporation or depository by any person, regardless
of the ownership of such securities, and certificates of small
denomination may be merged into one or more certificates
of larger denomination. The records of such fiduciary and
the records of such state bank, national bank, or trust
company as a fiduciary or as custodian for a fiduciary shall
at all times show the name of the party for whose account
the securities are so deposited. Ownership of, and other
interests in, such securities may be transferred by bookkeeping entries on the books of such clearing corporation,
state bank, national bank, or trust company without physical
delivery or alteration of certificates representing such
securities. A state bank, national bank, or trust company so
depositing securities pursuant to this section shall be subject
to such rules and regulations as, in the case of state chartered banks and trust companies, the director and, in the case
of national banking associations, the comptroller of the
currency may from time to time issue. A state bank,
national bank, or trust company acting as custodian for a
fiduciary shall, on demand by the fiduciary, certify in writing
to the fiduciary the securities so deposited by such state
bank, national bank, or trust company in such clearing
corporation or state bank, national bank, or trust company
acting as such depository for the account of such fiduciary.
A fiduciary shall, on demand by any party to a judicial
proceeding for the settlement of such fiduciary’s account or
on demand by the attorney for such party, certify in writing
to such party the securities deposited by such fiduciary in
such clearing corporation or state bank, national bank, or
trust company acting as such depository for its account as
such fiduciary.
This subsection shall apply to any fiduciary holding
securities in its fiduciary capacity, and to any state bank,
national bank, or trust company holding securities as a
custodian, managing agent, or custodian for a fiduciary,
acting on March 14, 1973 or who thereafter may act regardless of the date of the agreement, instrument, or court order
by which it is appointed and regardless of whether or not
such fiduciary, custodian, managing agent, or custodian for
a fiduciary owns capital stock of such clearing corporation.
[1994 c 92 § 25; 1979 c 45 § 1; 1973 c 99 § 1; 1955 c 33
(2002 Ed.)
General Provisions
§ 30.04.240. Prior: 1919 c 209 § 16; 1917 c 80 § 49; RRS
§ 3256.]
30.04.260 Legal services, advertising of—Penalty.
No trust company or other corporation which advertises that
it will furnish legal advice, construct or prepare wills, or do
other legal work for its customers, shall be permitted to act
as executor, administrator, or guardian; and any trust
company or other corporation whose officers or agents shall
solicit legal business shall be ineligible for a period of one
year thereafter to be appointed executor, administrator or
guardian in any of the courts of this state.
Any trust company or other corporation which advertises that it will furnish legal advice, construct or prepare wills,
or do other legal work for its customers, and any officer,
agent, or employee of any trust company or corporation who
shall solicit legal business shall be guilty of a gross misdemeanor. [1974 ex.s. c 117 § 43; 1955 c 33 § 30.04.260.
Prior: 1929 c 72 § 4, part; 1923 c 115 § 6, part; 1921 c 94
§ 1, part; 1917 c 80 § 24, part; RRS § 3231, part.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
30.04.280 Compliance enjoined—Banking, trust
business, branches. No person shall engage in banking
except in compliance with and subject to the provisions of
this title, unless it is a national bank or except insofar as it
may be authorized so to do by the laws of this state relating
to mutual savings banks or savings and loan associations. A
corporation shall not engage in a trust business except in
compliance with and subject to the provisions of this title.
A bank shall not engage in a trust business except as authorized under this title. A bank or trust company shall not
establish any branch except in accordance with the provisions of this title. Except as authorized by federal law or by
another law of this state, a trust company incorporated under
the laws of another state, a national trust company or
national bank the main office of which is located in such
other state, or a federal savings bank the home office of
which is located in such other state, shall not be permitted
to engage in a trust business in this state on more favorable
terms and conditions than the terms and conditions on which
trust companies incorporated under this chapter and mutual
savings banks engaged in trust business under RCW
32.08.140, 32.08.142, 32.08.210, and 32.08.215 are permitted
to engage in trust business in such other state. [1998 c 45
§ 1; 1996 c 2 § 4; 1955 c 33 § 30.04.280. Prior: 1933 c 42
§ 3, part; 1919 c 209 § 7, part; 1917 c 80 § 15, part; RRS
§ 3222, part.]
Severability—1996 c 2: See RCW 30.38.900.
30.04.285 Director’s approval of a branch—
Satisfactory financial condition. The director’s approval of
a branch within the United States or any territory of the
United States or in any foreign country shall be conditioned
on a finding by the director that the bank has a satisfactory
record of compliance with applicable laws and has a satisfactory financial condition. A bank chartered under this title
may exercise any powers and authorities at any branch
outside Washington that are permissible for a bank operating
in that state where the branch is located, except to the extent
(2002 Ed.)
30.04.240
those activities are expressly prohibited by the laws of this
state or by any rule or order of the director applicable to the
state bank. However, the director may waive any limitation
in writing with respect to powers and authorities that the
director determines do not threaten the safety or soundness
of the state bank. [1996 c 2 § 6.]
Severability—1996 c 2: See RCW 30.38.900.
30.04.295 Agency agreements—Written notice to
director. On or before the date on which a bank enters into
any agency agreement authorizing another entity, as agent of
the bank, to receive deposits or renew time deposits, the
bank shall give written notice to the director of the existence
of that agency arrangement. The notice is not effective until
it has been delivered to the office of the director. [1996 c
2 § 7.]
Severability—1996 c 2: See RCW 30.38.900.
30.04.300 Foreign branch banks. A branch of any
foreign bank or banker actually and publicly engaged in
banking in this state on March 10, 1917, in full compliance
with the laws hereof, which were in force immediately prior
to March 10, 1917, and which branch has a capital not less
in amount than that required for the organization of a state
bank as provided in this title at the time and place when and
where such branch was established, may continue its said
business, subject to all of the regulations and supervision
provided for banks. The amount upon which it pays taxes
shall be prima facie evidence of the amount and existence of
such capital. No such bank or banker shall set forth on its
or his stationery or in any manner advertise in this state a
greater capital, surplus and undivided profits than are
actually maintained at such branch. Every foreign corporation, bank and banker, and every officer, agent and employee
thereof who violates any provision of this section or which
violates the terms of the resolution filed as required by
*RCW 30.04.290 shall for each violation forfeit and pay to
the state of Washington the sum of one thousand dollars. A
civil action for the recovery of any such sum may be
brought by the attorney general in the name of the state.
[1955 c 33 § 30.04.300. Prior: 1917 c 80 § 41; RRS §
3248.]
*Reviser’s note: RCW 30.04.290 was repealed by 1994 c 256 § 124,
without cognizance of its amendment by 1994 c 92 § 27. It has been
decodified for publication purposes pursuant to RCW 1.12.025. RCW
30.04.290 was subsequently repealed by 1997 c 101 § 7.
30.04.310 Penalty—General. Every bank or trust
company which violates or fails to comply with any provision of chapters 30.04 through 30.22, 30.44, and 11.100
RCW or any lawful direction or requirement of the director
shall be subject, in addition to any penalty now provided, to
a penalty of not more than one hundred dollars for each
offense, to be recovered by the attorney general in a civil
action in the name of the state. Each day’s continuance of
the violation shall be a separate and distinct offense. [1994
c 92 § 28; 1988 c 25 § 1; 1985 c 30 § 137. Prior: 1984 c
149 § 173; 1955 c 33 § 30.04.310; prior: 1923 c 115 § 13;
RRS § 3286a.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
[Title 30 RCW—page 11]
30.04.310
Title 30 RCW: Banks and Trust Companies
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
30.04.330 Saturday closing authorized. Any bank,
which term for the purpose of this section shall include but
not be limited to any state bank, national bank or association, mutual savings bank, savings and loan association, trust
company, federal reserve bank, federal home loan bank, and
federal savings and loan association, federal credit union,
and state credit union doing business in this state, may
remain closed on Saturdays and any Saturday on which a
bank remains closed shall be, with respect to such bank, a
holiday and not a business day. Any act, authorized,
required or permitted to be performed at or by or with
respect to any bank, as herein defined, on a Saturday, may
be performed on the next succeeding business day, and no
liability or loss of rights of any kind shall result from such
closing. [1955 c 33 § 30.04.330. Prior: 1947 c 221 § 1;
Rem. Supp. 1947 § 3292a.]
30.04.375 Investment in stock, participation certificates, and other evidences of participation. Any bank or
trust company may invest in the stock or participation
certificates of production credit associations, federal intermediate credit banks and the stock or other evidences of
participation of federal land banks in amounts consistent
with safe and sound practice in conducting the business of
the trust company or bank. [1982 c 86 § 1.]
30.04.380 Investment in paid-in capital stock and
surplus of banks or corporations engaged in international
or foreign banking. Any bank or trust company may invest
an amount not exceeding ten per centum of its paid-in
capital stock and surplus in the stock of one or more banks
or corporations chartered under the laws of the United
States, or of any state thereof, and principally engaged in
international or foreign banking, or banking in a dependency
or insular possession of the United States, either directly or
through the agency, ownership or control of local institutions
in foreign countries, or in such dependencies or insular
possessions. [1986 c 279 § 13; 1973 1st ex.s. c 104 § 9.]
30.04.390 Acquisition of stock of banks organized
under laws of foreign country, etc. Any bank or trust
company may acquire and hold, directly or indirectly, stock
or other evidence of indebtedness or ownership in one or
more banks organized under the law of a foreign country or
a dependency or insular possession of the United States.
[1986 c 279 § 14; 1973 1st ex.s. c 104 § 10.]
30.04.395 Continuing authority for investments.
Any investment by a bank other than a loan, if legal and
authorized when made, may continue to be held by the bank
notwithstanding a change in circumstances or change in the
law. [1986 c 279 § 16.]
30.04.400 Bank acquisition or control—Definitions.
As used in RCW 30.04.400 through 30.04.410, the following
words shall have the following meanings:
(1) "Control" means directly or indirectly alone or in
concert with others to own, control, or hold the power to
[Title 30 RCW—page 12]
vote twenty-five percent or more of the outstanding stock or
voting power of the "controlled" entity;
(2) "Acquiring party" means the person acquiring
control of a bank through the purchase of stock; and
(3) "Person" means any individual, corporation, partnership, association, business trust, or other organization. [1977
ex.s. c 246 § 1.]
30.04.405 Bank acquisition or control—Notice or
application—Registration statement—Violations—
Penalties. (1) It is unlawful for any person to acquire
control of a bank until thirty days after filing with the
director a copy of the notice of change of control required to
be filed with the federal deposit insurance corporation or a
completed application. The notice or application shall be
under oath and contain substantially all of the following
information plus any additional information that the director
may prescribe as necessary or appropriate in the particular
instance for the protection of bank depositors, borrowers, or
shareholders and the public interest:
(a) The identity, banking and business experience of
each person by whom or on whose behalf acquisition is to
be made;
(b) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(c) The terms and conditions of any proposed acquisition and the manner in which the acquisition is to be made;
(d) The source and amount of the funds or other
consideration used or to be used in making the acquisition,
and a description of the transaction and the names of the
parties if any part of these funds or other consideration has
been or is to be borrowed or otherwise obtained for the
purpose of making the acquisition;
(e) Any plan or proposal which any person making the
acquisition may have to liquidate the bank, to sell its assets,
to merge it with any other bank, or to make any other major
change in its business or corporate structure for management;
(f) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any
person on its behalf, who makes solicitations or recommendations to shareholders for the purpose of assisting in the
acquisition and a brief description of the terms of the
employment, retainer, or arrangement for compensation; and
(g) Copies of all invitations for tenders or advertisements making a tender offer to shareholders for the purchase
of their stock to be used in connection with the proposed
acquisition.
(2) Notwithstanding any other provision of this section,
a bank or domestic bank holding company as defined in
RCW 30.04.230 need only notify the director of an intent to
acquire control and the date of the proposed acquisition of
control at least thirty days before the date of the acquisition
of control.
(3) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by
subsection (1)(a), (b), and (f) of this section be given with
respect to each person, as defined in RCW 30.04.400(3),
who has an interest in or controls a person filing an application under this subsection.
(2002 Ed.)
General Provisions
(4) When a corporation is required to file an application
under this section, the director may require that information
required by subsection (1)(a), (b), and (f) of this section be
given for the corporation, each officer and director of the
corporation, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the
outstanding voting securities of the corporation.
(5) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be
made by means of a registration statement under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C., Sec. 77(a)), as
amended, or in circumstances requiring the disclosure of
similar information under the Securities Exchange Act of
1934 (48 Stat. 881, 15 U.S.C., Sec. 78(a)), as amended, the
registration statement or application may be filed with the
director in lieu of the requirements of this section.
(6) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the bank
proposed to be acquired within two days after the notice or
application is filed with the director.
(7) Any acquisition of control in violation of this section
shall be ineffective and void.
(8) Any person who willfully or intentionally violates
this section or any rule adopted pursuant thereto is guilty of
a gross misdemeanor pursuant to chapter 9A.20 RCW. Each
day’s violation shall be considered a separate violation, and
any person shall upon conviction be fined not more than one
thousand dollars for each day the violation continues. [1994
c 92 § 29; 1986 c 279 § 15; 1985 c 305 § 5; 1977 ex.s. c
246 § 2.]
30.04.410 Bank acquisition or control—Disapproval
by director—Change of officers. (1) The director may
disapprove the acquisition of a bank or trust company within
thirty days after the filing of a complete application pursuant
to RCW 30.04.405 or an extended period not exceeding an
additional fifteen days if:
(a) The poor financial condition of any acquiring party
might jeopardize the financial stability of the bank or might
prejudice the interests of the bank depositors, borrowers, or
shareholders;
(b) The plan or proposal of the acquiring party to
liquidate the bank, to sell its assets, to merge it with any
person, or to make any other major change in its business or
corporate structure or management is not fair and reasonable
to the bank’s depositors, borrowers, or stockholders or is not
in the public interest;
(c) The banking and business experience and integrity
of any acquiring party who would control the operation of
the bank indicates that approval would not be in the interest
of the bank’s depositors, borrowers, or shareholders;
(d) The information provided by the application is
insufficient for the director to make a determination or there
has been insufficient time to verify the information provided
and conduct an examination of the qualification of the
acquiring party; or
(e) The acquisition would not be in the public interest.
(2) An acquisition may be made prior to expiration of
the disapproval period if the director issues written notice of
intent not to disapprove the action.
(2002 Ed.)
30.04.405
(3) The director shall set forth the basis for disapproval
of any proposed acquisition in writing and shall provide a
copy of such findings and order to the applicants and to the
bank involved. Such findings and order shall not be disclosed to any other party and shall not be subject to public
disclosure under chapter 42.17 RCW unless the findings and/
or order are appealed pursuant to chapter 34.05 RCW.
(4) Whenever such a change in control occurs, each
party to the transaction shall report promptly to the director
any changes or replacement of its chief executive officer, or
of any director, that occurs in the next twelve-month period,
including in its report a statement of the past and present
business and professional affiliations of the new chief
executive officer or directors. [1994 c 92 § 30; 1989 c 180
§ 3; 1977 ex.s. c 246 § 3.]
30.04.450 Violations or unsafe or unsound practices—Notice of charges—Contents—Hearing—Cease and
desist order. (1) The director may issue and serve upon a
bank or trust company a notice of charges if in the opinion
of the director any bank or trust company:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the bank or trust
company;
(b) Is violating or has violated the law, rule, or any
condition imposed in writing by the director in connection
with the granting of any application or other request by the
bank or trust company or any written agreement made with
the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause.
(2) The notice shall contain a statement of the facts
constituting the alleged violation or violations or the practice
or practices and shall fix a time and place at which a hearing
will be held to determine whether an order to cease and
desist should issue against the bank or trust company. The
hearing shall be set not earlier than ten days nor later than
thirty days after service of the notice unless a later date is
set by the director at the request of the bank or trust company.
Unless the bank or trust company shall appear at the
hearing by a duly authorized representative it shall be
deemed to have consented to the issuance of the cease and
desist order. In the event of this consent or if upon the
record made at the hearing the director finds that any
violation or practice specified in the notice of charges has
been established, the director may issue and serve upon the
bank or trust company an order to cease and desist from the
violation or practice. The order may require the bank or
trust company and its directors, officers, employees, and
agents to cease and desist from the violation or practice and
may require the bank to take affirmative action to correct the
conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at
the expiration of ten days after the service of the order upon
the bank or trust company concerned except that a cease and
desist order issued upon consent shall become effective at
the time specified in the order and shall remain effective as
provided therein unless it is stayed, modified, terminated, or
[Title 30 RCW—page 13]
30.04.450
Title 30 RCW: Banks and Trust Companies
set aside by action of the director or a reviewing court.
[1994 c 92 § 31; 1977 ex.s. c 178 § 1.]
Severability—1977 ex.s. c 178: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 178 § 11.]
30.04.455 Violations or unsafe or unsound practices—Temporary cease and desist order—Issuance.
Whenever the director determines that the acts specified in
RCW 30.04.450 or their continuation is likely to cause
insolvency or substantial dissipation of assets or earnings of
the bank or trust company or to otherwise seriously prejudice
the interests of its depositors, the director may also issue a
temporary order requiring the bank or trust company to cease
and desist from the violation or practice. The order shall
become effective upon service on the bank or trust company
and shall remain effective unless set aside, limited, or
suspended by a court in proceedings under RCW 30.04.460
pending the completion of the administrative proceedings
under the notice and until such time as the director shall
dismiss the charges specified in the notice or until the
effective date of a cease and desist order issued against the
bank or trust company under RCW 30.04.450. [1994 c 92
§ 32; 1977 ex.s. c 178 § 2.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.460 Violations or unsafe or unsound practices—Injunction to set aside, limit, or suspend temporary
order. Within ten days after a bank or trust company has
been served with a temporary cease and desist order, the
bank or trust company may apply to the superior court in the
county of its principal place of business for an injunction
setting aside, limiting, or suspending the order pending the
completion of the administrative proceedings pursuant to the
notice served under RCW 30.04.455.
The superior court shall have jurisdiction to issue the
injunction. [1977 ex.s. c 178 § 3.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.465 Violations or unsafe or unsound practices—Injunction to enforce temporary order. In the case
of a violation or threatened violation of a temporary cease
and desist order issued under RCW 30.04.455, the director
may apply to the superior court of the county of the principal place of business of the bank or trust company for an
injunction to enforce the order, and the court shall issue an
injunction if it determines that there has been a violation or
threatened violation. [1994 c 92 § 33; 1977 ex.s. c 178 § 4.]
public interest after fully considering the views of the party
afforded the hearing.
Within sixty days after the hearing the director shall
render a decision which shall include findings of fact upon
which the decision is based and shall issue and serve upon
each party to the proceeding an order or orders consistent
with RCW 30.04.450 or 30.12.042, as the case may be.
Unless a petition for review is timely filed in the
superior court of the county of the principal place of
business of the affected bank or trust company under
subsection (2) of this section and until the record in the
proceeding has been filed as therein provided, the director
may at any time modify, terminate, or set aside any order
upon such notice and in such manner as he or she shall
deem proper. Upon filing the record, the director may
modify, terminate, or set aside any order only with permission of the court.
The judicial review provided in this section for an order
shall be exclusive.
(2) Any party to the proceeding or any person required
by an order issued under RCW 30.04.450, 30.04.455,
30.04.465, or 30.12.042 to refrain from any of the violations
or practices stated therein may obtain a review of any order
served under subsection (1) of this section other than one
issued upon consent by filing in the superior court of the
county of the principal place of business of the affected bank
or trust company within ten days after the date of service of
the order a written petition praying that the order of the director be modified, terminated, or set aside. A copy of the
petition shall be immediately served upon the director and
the director shall then file in the court the record of the
proceeding. The court shall have jurisdiction upon the filing
of the petition, which jurisdiction shall become exclusive
upon the filing of the record to affirm, modify, terminate, or
set aside in whole or in part the order of the director except
that the director may modify, terminate, or set aside an order
with the permission of the court. The judgment and decree
of the court shall be final, except that it shall be subject to
appellate review under the rules of court.
(3) The commencement of proceedings for judicial
review under subsection (2) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(4) Service of any notice or order required to be served
under RCW 30.04.450, 30.04.455, 30.12.040 or 30.12.042
shall be accomplished in the same manner as required for the
service of process in civil actions in superior courts of this
state. [1994 c 92 § 34; 1977 ex.s. c 178 § 8.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.470 Violations or unsafe or unsound practices—Removal of officer or employee or prohibiting
participation in bank or trust company affairs—
Administrative hearing or judicial review. (1) Any
administrative hearing provided in RCW 30.04.450 or
30.12.042 may be held at such place as is designated by the
director and shall be conducted in accordance with chapter
34.05 RCW. The hearing shall be private unless the director
determines that a public hearing is necessary to protect the
[Title 30 RCW—page 14]
30.04.475 Violations or unsafe or unsound practices—Removal of officer or employee or prohibiting
participation in bank or trust company affairs—
Jurisdiction of courts in enforcement or issuance of
orders, injunctions or judicial review. The director may
apply to the superior court of the county of the principal
place of business of the bank or trust company affected for
the enforcement of any effective and outstanding order
issued under RCW 30.04.450, 30.04.455, 30.04.465, or
30.12.042, and the court shall have jurisdiction to order
compliance therewith.
(2002 Ed.)
General Provisions
No court shall have jurisdiction to affect by injunction
or otherwise the issuance or enforcement of any order or to
review, modify, suspend, terminate, or set aside any order
except as provided in RCW 30.04.460 and 30.04.470. [1994
c 92 § 35; 1977 ex.s. c 178 § 9.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.04.500 Fairness in lending act—Short title.
RCW 30.04.505 through 30.04.515 shall be known and may
be cited as the "fairness in lending act". [1977 ex.s. c 301
§ 10.]
Unfair practices of financial institutions: RCW 49.60.175.
30.04.505 Fairness in lending act—Definitions. As
used in RCW 30.04.505 through 30.04.515:
(1) "Financial institution" means any bank or trust
company, mutual savings bank, credit union, mortgage
company, or savings and loan association which operates or
has a place of business in this state whether regulated by the
state or federal government.
(2) "Particular type of loan" refers to a class of loans
which is substantially similar with respect to the following:
(a) FHA, VA, or conventional as defined in *RCW
19.106.030(2);
(b) Uniform or nonuniform payment;
(c) Uniform or nonuniform rate of interest;
(d) Purpose; and
(e) The location of the real estate offered as security for
the loan as being inside or outside of that financial
institution’s lending area.
(3) "Varying the terms of a loan" includes, but is not
limited to the following practices:
(a) Requiring a greater down payment than is usual for
the particular type of a loan involved;
(b) Requiring a shorter period of amortization than is
usual for the particular type of loan involved;
(c) Charging a higher interest rate than is usual for the
particular type of loan involved;
(d) A deliberate underappraisal of the value of the
property offered as security. [1977 ex.s. c 301 § 11.]
*Reviser’s note: RCW 19.106.030 expired on January 1, 1981. See
1977 ex.s. c 301 § 9.
30.04.510 Fairness in lending act—Unlawful
practices. Subject to RCW 30.04.515, it shall be unlawful
for any financial institution, in processing any application for
a loan to be secured by a single-family residence to:
(1) Deny or vary the terms of a loan on the basis that a
specific parcel of real estate offered as security is located in
a specific geographical area, unless building, remodeling, or
continued habitation in such specific geographical area is
prohibited or restricted by any local, state, or federal law or
rules or regulations promulgated thereunder.
(2) Utilize lending standards that have no economic
basis. [1977 ex.s. c 301 § 12.]
30.04.515 Fairness in lending act—Sound underwriting practices not precluded. Nothing contained in
RCW 30.04.505 through 30.04.510 shall preclude a financial
institution from considering sound underwriting practices in
(2002 Ed.)
30.04.475
processing any application for a loan to any person. Such
practices shall include the following:
(1) The willingness and the financial ability of the
borrower to repay the loan.
(2) The market value of any real estate and of any other
item of property proposed as security for any loan.
(3) Diversification of the financial institution’s investment portfolio. [1977 ex.s. c 301 § 13.]
30.04.550 Reorganization as subsidiary of bank
holding company—Authority. A state banking corporation
may, with the approval of the director and the affirmative
vote of the shareholders of such corporation owning at least
two-thirds of each class of shares entitled to vote under the
terms of such shares, be reorganized to become a subsidiary
of a bank holding company or a company that will, upon
consummation of such reorganization, become a bank
holding company, as defined in the federal bank holding
company act of 1956, as amended. [1994 c 92 § 36; 1986
c 279 § 40; 1982 c 196 § 1.]
Severability—1982 c 196: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 196 § 11.]
30.04.555 Reorganization as subsidiary of bank
holding company—Procedure. A reorganization authorized
under RCW 30.04.550 shall be carried out in the following
manner:
(1) A plan of reorganization specifying the manner in
which the reorganization shall be carried out must be
approved by a majority of the entire board of directors of the
banking corporation. The plan shall specify the name of the
acquiring corporation, the amount of cash, securities of the
bank holding company, other consideration, or any combination thereof to be paid to the shareholders of the reorganizing corporation in exchange for their shares of the stock of
the corporation. The plan shall also specify the exchange
date or the manner in which such exchange date shall be
determined, the manner in which the exchange shall be
carried out, and such other matters, not inconsistent with this
chapter, as shall be determined by the board of directors of
the corporation.
(2) The plan of reorganization shall be submitted to the
shareholders of the reorganizing corporation at a meeting to
be held on the call of the directors. Notice of the meeting
of shareholders at which the plan shall be considered shall
be given by prepaid first class mail at least twenty days
before the date of the meeting, to each stockholder of record
of the banking corporation. The notice shall state that
dissenting shareholders will be entitled to payment of the
value of only those shares which are voted against approval
of the plan. [1994 c 256 § 38; 1986 c 279 § 41; 1982 c 196
§ 2.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.560 Reorganization as subsidiary of bank
holding company—Dissenter’s rights—Conditions. If the
shareholders approve the reorganization by a two-thirds vote
of each class of shares entitled to vote under the terms of
[Title 30 RCW—page 15]
30.04.560
Title 30 RCW: Banks and Trust Companies
such shares, and if it is thereafter approved by the director
and consummated, any shareholder of the banking corporation who has voted shares against such reorganization at
such meeting or has given notice in writing at or prior to
such meeting to the banking corporation that he or she
dissents from the plan of reorganization and has not voted in
favor of the reorganization, shall be entitled to receive the
value of the shares determined as provided in RCW
30.04.565. Such dissenter’s rights must be exercised by
making written demand which shall be delivered to the
corporation at any time within thirty days after the date of
shareholder approval, accompanied by the surrender of the
appropriate stock certificates. [1994 c 92 § 37; 1986 c 279
§ 42; 1982 c 196 § 3.]
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.565 Reorganization as subsidiary of bank
holding company—Valuation of shares of dissenting
shareholders. The value of the shares of a dissenting
shareholder who has properly perfected dissenter’s rights
shall be ascertained as of the day prior to the date of the
shareholder action approving such reorganization by three
appraisers, one to be selected by the owners of two-thirds of
the dissenting shares, one by the board of directors of the
acquiring bank holding company, and the third by the two so
chosen. The valuation agreed upon by any two appraisers
shall govern. The dissenting shareholders shall bear, on a
pro rata basis based on the number of dissenting shares
owned, the cost of their appraisal and one-half of the cost of
the third appraisal, and the acquiring bank holding company
shall bear the cost of its appraisal and one-half of the cost of
the third appraisal. If the appraisal is not completed within
ninety days after the effective date of the reorganization, the
director shall cause an appraisal to be made which shall be
final and binding upon all parties. The cost of such appraisal shall be borne equally by the dissenting shareholders and
the acquiring bank holding company. The dissenting
shareholders shall share their half of the cost on a pro rata
basis based on the number of dissenting shares owned.
[1994 c 256 § 39; 1994 c 92 § 38; 1982 c 196 § 4.]
Reviser’s note: This section was amended by 1994 c 92 § 38 and by
1994 c 256 § 39, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.570 Reorganization as subsidiary of bank
holding company—Approval of director—Certificate of
reorganization—Exchange of shares. The reorganization
and exchange authorized by RCW 30.04.550 through
30.04.570 shall become effective as follows:
(1) If the board of directors and shareholders of the state
banking corporation and the board of directors of the
acquiring corporation approve the plan of reorganization,
then both corporations shall apply for the approval of the
director, providing such information as the director by rule
may prescribe.
(2) If the director approves the reorganization, the
director shall issue a certificate of reorganization to the state
banking corporation.
[Title 30 RCW—page 16]
(3) Upon the issuance of a certificate of reorganization
by the director, or on such later date as shall be provided for
in the plan of reorganization, the shares of the state banking
corporation shall be deemed to be exchanged in accordance
with the plan of reorganization, subject to the rights of
dissenters under RCW 30.04.560 and 30.04.565. [1994 c 92
§ 39; 1982 c 196 § 5.]
Severability—1982 c 196: See note following RCW 30.04.550.
30.04.575 Public hearing prior to approval of
reorganization—Request. Prior to the approval of the
reorganization, the director, upon request of the board of
directors of the bank, or not less than ten percent of its
shareholders, shall hold a public hearing at which bank
shareholders and other interested parties may appear. Notice
of the public hearing shall be sent to each shareholder by
prepaid first class mail.
The approval of the reorganization by the director shall
be conditioned on a finding that the terms of the reorganization are fair to the shareholders and other interested parties.
[1994 c 256 § 40; 1994 c 92 § 40; 1986 c 279 § 44.]
Reviser’s note: This section was amended by 1994 c 92 § 40 and by
1994 c 256 § 40, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.600 Shareholders—Actions authorized
without meetings—Written consent. Any action required
by this title to be taken at a meeting of the shareholders of
a corporation, or any action that may be taken at a meeting
of the shareholders, may be taken without a meeting if a
consent in writing, setting forth the action so taken, is signed
by all of the shareholders entitled to vote with respect to the
subject matter thereof.
The consent shall have the same force and effect as a
unanimous vote of shareholders and may be stated as such
in any articles or documents filed under this title. [1986 c
279 § 46.]
30.04.605 Directors, committees—Actions authorized without meetings—Written consent. Unless otherwise provided by the articles of incorporation or bylaws, any
action required by this title to be taken at a meeting of the
directors of a bank or trust company, or any action which
may be taken at any meeting of the directors or of a committee, may be taken without a meeting if a consent in writing,
setting forth the action so taken, shall be signed by all of the
directors, or all of the members of the committee, as the
case may be. Such consent shall have the same effect as a
unanimous vote. [1986 c 279 § 47.]
30.04.610 Directors, committees—Meetings authorized by conference telephone or similar communications
equipment. Except as may be otherwise restricted by the
articles of incorporation or bylaws, members of the board of
directors or any committee designated by the board of
directors may participate in a meeting of the board or
committee by means of a conference telephone or similar
communications equipment by means of which all persons
participating in the meeting can hear each other at the same
(2002 Ed.)
General Provisions
time. Participation by such means shall constitute presence,
in person, at a meeting. [1986 c 279 § 48.]
30.04.650 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to
automated teller machines and night depositories regulated
under this title. [1993 c 324 § 10.]
Effective date—1993 c 324: See RCW 19.174.900.
Chapter 30.08
ORGANIZATION AND POWERS
Sections
30.08.010
30.08.020
30.08.030
30.08.040
30.08.050
30.08.055
30.08.060
30.08.070
30.08.080
30.08.081
30.08.082
30.08.083
30.08.084
30.08.086
30.08.087
30.08.088
30.08.090
30.08.092
30.08.095
30.08.140
30.08.150
30.08.155
30.08.160
30.08.170
30.08.180
30.08.190
Incorporators—Paid-in capital stock, surplus, and undivided
profits—Requirements.
Notice of intention to organize—Proposed articles of incorporation—Contents.
Investigation.
Notice to file articles—Articles approved or refused—
Hearing.
Approved articles to be filed and recorded—Organization
complete.
Amending articles—Filing with director—Contents.
Certificate of authority—Issuance—Contents.
Failure to commence business—Effect—Extension of time.
Extension of existence—Application—Investigation—
Certificate—Appeal—Winding up for failure to continue
existence.
Shares—Certificates not required.
Authority to issue preferred or special classes of stock.
Authority to divide classes into series—Rights and preferences—Filing of statement.
Rights of holders of preferred or special classes of stock—
Preference in dividends and liquidation.
Determination of capital impairment when capital consists of
preferred stock.
Authorized but unissued shares of capital stock—Issuance—
Consideration.
Authorized but unissued shares of capital stock—When
shares become part of capital stock.
Amendment of articles—Procedure.
Increase or decrease of capital stock authorized.
Schedule of fees to be established.
Corporate powers of banks.
Corporate powers of trust companies.
Powers and authorities of trust companies—Federally chartered trust companies—Findings of director.
Report of bond liability—Collateral.
Securities may be held in name of nominee.
Reports of resources and liabilities.
Time of filing—Availability—Penalty.
30.08.010 Incorporators—Paid-in capital stock,
surplus, and undivided profits—Requirements. When
authorized by the director, as hereinafter provided, one or
more natural persons, citizens of the United States, may
incorporate a bank or trust company in the manner herein
prescribed. No bank or trust company shall incorporate for
less amount nor commence business unless it has a paid-in
capital stock, surplus and undivided profits in the amount as
may be determined by the director after consideration of the
proposed location, management, and the population and
economic characteristics for the area, the nature of the
proposed activities and operation of the bank or trust
company, and other factors deemed pertinent by the director.
Each bank and trust company shall before commencing
business have subscribed and paid into it in the same manner
(2002 Ed.)
30.04.610
as is required for capital stock, an amount equal to at least
ten percent of the capital stock above required, that shall be
carried in the undivided profit account and may be used to
defray organization and operating expenses of the company.
Any sum not so used shall be transferred to the surplus fund
of the company before any dividend shall be declared to the
stockholders. [1994 c 256 § 41; 1994 c 92 § 42; 1986 c 279
§ 17; 1973 1st ex.s. c 104 § 3; 1969 c 136 § 3; 1955 c 33 §
30.08.010. Prior: 1947 c 131 § 1; 1929 c 72 § 4; 1923 c
115 § 2; 1917 c 80 § 19; Rem. Supp. 1947 § 3226.]
Reviser’s note: This section was amended by 1994 c 92 § 42 and by
1994 c 256 § 41, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.020 Notice of intention to organize—Proposed
articles of incorporation—Contents. Persons desiring to
incorporate a bank or trust company shall file with the
director a notice of their intention to organize a bank or trust
company in such form and containing such information as
the director shall prescribe by rule, together with proposed
articles of incorporation, which shall be submitted for
examination to the director at his or her office.
The proposed articles of incorporation shall state:
(1) The name of such bank or trust company.
(2) The city, village or locality and county where the
head office of such corporation is to be located.
(3) The nature of its business, whether that of a commercial bank, or a trust company.
(4) The amount of its capital stock, which shall be
divided into shares of a par or no par value as may be
provided in the articles of incorporation.
(5) The names and places of residence and mailing
addresses of the persons who as directors are to manage the
corporation until the first annual meeting of its stockholders.
(6) If there is to be preferred or special classes of stock,
a statement of preferences, voting rights, if any, limitations
and relative rights in respect of the shares of each class; or
a statement that the shares of each class shall have the
attributes as shall be determined by the bank’s board of
directors from time to time with the approval of the director.
(7) Any provision granting the shareholders the preemptive right to acquire additional shares of the bank and any
provision granting shareholders the right to cumulate their
votes.
(8) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the affairs of the corporation, including
any provision restricting the transfer of shares, any provision
which under this title is required or permitted to be set forth
in the bylaws, and any provision permitted by RCW
23B.17.030.
(9) Any provision the incorporators elect to so set forth,
not inconsistent with law or the purposes for which the bank
is organized, or any provision limiting any of the powers
granted in this title.
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers granted in this
title. The articles of incorporation shall be signed by all of
the incorporators. [1999 c 14 § 11; 1995 c 134 § 3. Prior:
1994 c 256 § 42; 1994 c 92 § 43; 1986 c 279 § 18; 1981 c
[Title 30 RCW—page 17]
30.08.020
Title 30 RCW: Banks and Trust Companies
73 § 1; 1973 1st ex.s. c 104 § 4; 1959 c 118 § 1; 1957 c
248 § 1; 1955 c 33 § 30.08.020; prior: (i) 1923 c 115 § 3;
1917 c 80 § 20; RRS § 3227. (ii) 1929 c 174 § 1; 1923 c
115 § 4; 1917 c 80 § 21; RRS § 3228.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1981 c 73: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 73 § 3.]
30.08.030 Investigation. When the notice of intention
to organize and proposed articles of incorporation complying
with the foregoing requirements have been received by the
director, together with the fees required by law, the director
shall ascertain from the best source of information at his or
her command and by such investigation as he or she may
deem necessary, whether the character, responsibility and
general fitness of the persons named in such articles are such
as to command confidence and warrant belief that the business of the proposed bank or trust company will be honestly
and efficiently conducted in accordance with the intent and
purpose of this title, whether the resources in the neighborhood of such place and in the surrounding country afford a
reasonable promise of adequate support for the proposed
bank and whether the proposed bank or trust company is
being formed for other than the legitimate objects covered by
this title. [1994 c 92 § 44; 1973 1st ex.s. c 104 § 5; 1955
c 33 § 30.08.030. Prior: 1929 c 72 § 3, part; 1923 c 115 §
5, part; 1917 c 80 § 22, part; RRS § 3229, part.]
30.08.040 Notice to file articles—Articles approved
or refused—Hearing. After the director is satisfied of the
above facts, and, within six months of the date the notice of
intention to organize has been received in his or her office,
the director shall notify the incorporators to file executed
articles of incorporation with the director in triplicate.
Unless the director otherwise consents in writing, such
articles shall be in the same form and shall contain the same
information as the proposed articles and shall be filed with
the director within ten days of such notice. Within thirty
days after the receipt of such articles of incorporation, the
director shall endorse upon each of the triplicates thereof,
over his or her official signature, the word "approved," or
the word "refused," with the date of such endorsement. In
case of refusal the director shall forthwith return one of the
triplicates, so endorsed, together with a statement explaining
the reason for refusal to the person from whom the articles
were received, which refusal shall be conclusive, unless the
incorporators, within ten days of the issuance of such notice
of refusal, shall request a hearing pursuant to the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended. [1995 c 134 § 4. Prior: 1994 c 256 § 43;
1994 c 92 § 45; 1981 c 302 § 15; 1973 1st ex.s. c 104 § 6;
1955 c 33 § 30.08.040; prior: 1929 c 72 § 3, part; 1923 c
115 § 5, part; 1917 c 80 § 22, part; RRS § 3229, part.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 302: See note following RCW 19.76.100.
30.08.050 Approved articles to be filed and recorded—Organization complete. In case of approval the
[Title 30 RCW—page 18]
director shall forthwith give notice thereof to the proposed
incorporators and file one of the triplicate articles of incorporation in his or her own office, and shall transmit
another triplicate to the secretary of state, and the last to the
incorporators. Upon receipt from the proposed incorporators
of the same fees as are required for filing and recording
other articles of incorporation the secretary of state shall file
such articles and record the same. Upon the filing of articles
of incorporation approved as aforesaid by the director, with
the secretary of state, all persons named therein and their
successors shall become and be a corporation, which shall
have the powers and be subject to the duties and obligations
prescribed by this title, and whose existence shall continue
from the date of the filing of such articles until terminated
pursuant to law; but such corporation shall not transact any
business except as is necessarily preliminary to its organization until it has received a certificate of authority as provided
herein. [1994 c 92 § 46; 1986 c 279 § 19; 1981 c 302 § 16;
1957 c 248 § 2; 1955 c 33 § 30.08.050. Prior: 1929 c 72
§ 3, part; 1923 c 115 § 5, part; 1917 c 80 § 22, part; RRS
§ 3229, part.]
Severability—1981 c 302: See note following RCW 19.76.100.
30.08.055 Amending articles—Filing with director—
Contents. A bank or trust company amending its articles of
incorporation shall deliver articles of amendment to the
director for filing as required for articles of incorporation.
The articles of amendment shall set forth:
(1) The name of the bank or trust company;
(2) The text of each amendment adopted;
(3) The date of each amendment’s adoption;
(4) If the amendment was adopted by the incorporators
or board of directors without shareholder action, a statement
to that effect and that shareholder action was not required;
and
(5) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 30.08.090. [1994
c 256 § 53.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.060 Certificate of authority—Issuance—
Contents. Before any bank or trust company shall be
authorized to do business, and within ninety days after approval of the articles of incorporation or such other time as
the director may allow, it shall furnish proof satisfactory to
the director that such corporation has a paid-in capital in the
amount determined by the director, that the requisite surplus
or reserve fund has been accumulated or paid in cash, and
that it has in good faith complied with all the requirements
of law and fulfilled all the conditions precedent to commencing business imposed by this title. If so satisfied, and
within thirty days after receipt of such proof, the director
shall issue under his or her hand and official seal, in
triplicate, a certificate of authority for such corporation. The
certificate shall state that the corporation therein named has
complied with the requirements of law, that it is authorized
to transact the business of a bank or trust company, or both,
as the case may be: PROVIDED, HOWEVER, That the
director may make his or her issuance of the certificate to a
bank or trust company authorized to accept deposits, condi(2002 Ed.)
Organization and Powers
tional upon the granting of deposit insurance by the federal
deposit insurance corporation, and in such event, shall set
out such condition in a written notice which shall be delivered to the corporation.
One of the triplicate certificates shall be transmitted by
the director to the corporation and one of the other two shall
be filed by the director in the office of the secretary of state
and shall be attached to the articles of incorporation:
PROVIDED, HOWEVER, That if the issuance of the
certificate is made conditional upon the granting of deposit
insurance by the federal deposit insurance corporation, the
director shall not transmit or file the certificate until such
condition is satisfied. [1994 c 92 § 47; 1986 c 279 § 20;
1981 c 302 § 17; 1973 1st ex.s. c 104 § 7; 1955 c 33 §
30.08.060. Prior: 1929 c 72 § 3, part; 1923 c 115 § 5, part;
1917 c 80 § 22, part; RRS § 3229, part.]
Severability—1981 c 302: See note following RCW 19.76.100.
30.08.070 Failure to commence business—Effect—
Extension of time. Every corporation heretofore or hereafter authorized by the laws of this state to do business as a
bank or trust company, which corporation shall have failed
to organize and commence business within six months after
certificate of authority to commence business has been
issued by the director, shall forfeit its rights and privileges
as such corporation, which fact the director shall certify to
the secretary of state, and such certificate of forfeiture shall
be filed and recorded in the office of the secretary of state
in the same manner as the certificate of authority: PROVIDED, That the director may, upon showing of cause satisfactory to him or her, issue an order under his or her hand and
seal extending for not more than three months the time
within which such organization may be effected and business
commenced, such order to be transmitted to the office of the
secretary of state and filed and recorded therein. [1994 c 92
§ 48; 1986 c 279 § 21; 1981 c 302 § 18; 1955 c 33 §
30.08.070. Prior: 1931 c 9 § 1; RRS § 3229-1; 1915 c 175
§ 41; RRS § 3370.]
Severability—1981 c 302: See note following RCW 19.76.100.
30.08.080 Extension of existence—Application—
Investigation—Certificate—Appeal—Winding up for
failure to continue existence. At any time not less than one
year prior to the expiration of the time of the existence of
any bank or trust company, it may by written application to
the director, signed and verified by a majority of its directors
and approved in writing by the owners of not less than twothirds of its capital stock, apply to the director for leave to
file amended articles of incorporation, extending its time of
existence. Prior to acting upon such application, the director
shall make such investigation of the applicant as he or she
deems necessary. If the director determines that the applicant is in sound condition, that it is conducting its business
in a safe manner and in compliance with law and that no
reason exists why it should not be permitted to continue, he
or she shall issue to the applicant a certificate authorizing it
to file amended articles of incorporation extending the time
of its existence until such time as it be dissolved by the act
of its shareholders owning not less than two-thirds of its
stock, or until its certificate of authority becomes revoked or
forfeited by reason of violation of law, or until its affairs be
(2002 Ed.)
30.08.060
taken over by the director for legal cause and finally wound
up by him or her. Otherwise the director shall notify the
applicant that he or she refuses to grant such certificate. The
applicant may appeal from such refusal in the same manner
as in the case of a refusal to grant an original certificate of
authority. Otherwise the determination of the director shall
be conclusive.
Upon receiving a certificate, as hereinabove provided,
the applicant may file amended articles of incorporation,
extending the time of its existence for the term authorized,
to which shall be attached a copy of the certificate of the
director. Such articles shall be filed in the same manner and
upon payment of the same fees as for original articles of
incorporation.
Should any bank or trust company fail to continue its
existence in the manner herein provided and be not previously dissolved, the director shall at the end of its original term
of existence immediately take possession thereof and wind
up the same in the same manner as in the case of insolvency. [1999 c 14 § 12; 1994 c 92 § 49; 1961 c 280 § 1; 1955
c 33 § 30.08.080. Prior: 1943 c 148 § 1; 1917 c 80 § 27;
Rem. Supp. 1943 § 3234.]
Severability—1999 c 14: See RCW 32.35.900.
30.08.081 Shares—Certificates not required. (1)
Shares of a bank or trust company may, but need not be,
represented by certificates. Unless this title expressly
provides otherwise, the rights and obligations of shareholders
are identical whether or not their shares are represented by
certificates. At a minimum, each share certificate must state
the information required to be stated and must be signed as
provided in RCW 23B.06.250 and/or 23B.06.270 for
corporations.
(2) Unless the articles of incorporation or bylaws
provide otherwise, the board of directors of a bank or trust
company may authorize the issue of some or all of the
shares of any or all of its classes or series without certificates. The authorization does not affect shares already
represented by certificates until they are surrendered to the
bank or trust company.
(3) Within a reasonable time after the issue or transfer
of shares without certificates, the bank or trust company
shall send the shareholder a written statement of the information required to be stated on certificates under subsection (1)
of this section. [1994 c 256 § 52.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.082 Authority to issue preferred or special
classes of stock. (1) Notwithstanding any other provisions
of law and if so authorized by its articles of incorporation or
amendments thereto made in the manner provided in the case
of a capital increase, any bank or trust company may,
pursuant to action taken by its board of directors from time
to time with the approval of the director, issue shares of
preferred or special classes of stock with the attributes and
in such amounts and with such par value, if any, as shall be
determined by the board of directors from time to time with
the approval of the director. No increase of preferred stock
shall be valid until the amount thereof shall have been
subscribed and actually paid in.
[Title 30 RCW—page 19]
30.08.082
Title 30 RCW: Banks and Trust Companies
(2) If provided in its articles of incorporation, a bank or
trust company may issue shares of preferred or special
classes having any one or several of the following provisions:
(a) Subjecting the shares to the right of the bank or trust
company to repurchase or retire any such shares at the price
fixed by the articles of incorporation for the repurchase or
retirement thereof;
(b) Entitling the holders thereof to cumulative, noncumulative, or partially cumulative dividends;
(c) Having preference over any other class or classes of
shares as to the payment of dividends;
(d) Having preference in the assets of the bank or trust
company over any other class or classes of shares upon the
voluntary or involuntary liquidation of the bank or trust
company;
(e) Having voting or nonvoting rights; and
(f) Being convertible into shares of any other class or
into shares of any series of the same or any other class,
except a class having prior or superior rights and preferences
as to dividends or distribution of assets upon liquidation.
[1994 c 256 § 44; 1994 c 92 § 50; 1986 c 279 § 22; 1981 c
89 § 4.]
Reviser’s note: This section was amended by 1994 c 92 § 50 and by
1994 c 256 § 44, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 89: See note following RCW 30.04.180.
30.08.083 Authority to divide classes into series—
Rights and preferences—Filing of statement. (1) If the
articles of incorporation shall expressly vest authority in the
board of directors, then, to the extent that the articles of
incorporation shall not have established series, and fixed and
determined the variations in the relative rights and preferences as between series, the board of directors have authority to
divide any or all of the classes into series and, within the
limitation set forth in this section and in the articles of
incorporation, fix and determine the relative rights and
preferences of the shares of any series so established.
(2) In order for the board of directors to establish a
series, where authority to do so is contained in the articles
of incorporation, the board of directors shall adopt a resolution setting forth the designation of the series and fixing and
determining the relative rights and preferences thereof, or so
much thereof as is not fixed and determined by the articles
of incorporation.
(3) Prior to the issue of any shares of a series established by resolution adopted by the board of directors, the
corporation shall file and execute in the manner provided in
this section a statement setting forth:
(a) The name of the bank;
(b) A copy of the resolution establishing and designating
the series, and fixing and determining the relative rights and
preferences thereof;
(c) The date of adoption of such resolution; and
(d) That the resolution was duly adopted by the board
of directors.
(4) The statement shall be executed in triplicate by the
bank by one of its officers and shall be delivered to the
director. If the director finds that the statement conforms to
[Title 30 RCW—page 20]
law, the director shall, when all fees have been paid as
provided in this title:
(a) Endorse on each of the triplicate originals the word
"Filed," and the effective date of the filing thereof;
(b) File two of the originals; and
(c) Return the other original to the bank or its representative.
(5) Upon the filing of the statement by the director with
the secretary of state, the resolution establishing and designating the series and fixing and determining the relative
rights and preferences thereof shall become effective and
shall constitute an amendment of the articles of incorporation. [1994 c 92 § 51; 1986 c 279 § 23.]
30.08.084 Rights of holders of preferred or special
classes of stock—Preference in dividends and liquidation.
Notwithstanding any other provisions of law, whether
relating to restriction upon the payment of dividends upon
capital stock or otherwise, the holders of shares of preferred
or special classes of stock shall be entitled to receive such
dividends on the purchase price received by the bank or trust
company for such stock as may be provided by the articles
of incorporation or by the board of directors of the bank or
trust company with the approval of the director.
No dividends shall be declared or paid on common
stock until cumulative dividends, if any, on the shares of
preferred or special classes of stock shall have been paid in
full; and, if the director takes possession of a bank or trust
company for purposes of liquidation, no payments shall be
made to the holders of the common stock until the holders
of the shares of preferred or special classes of stock shall
have been paid in full such amount as may be provided
under the terms of said shares plus all accumulated dividends, if any. [1994 c 92 § 52; 1986 c 279 § 24; 1981 c 89
§ 5.]
Severability—1981 c 89: See note following RCW 30.04.180.
30.08.086 Determination of capital impairment
when capital consists of preferred stock. If any part of
the capital of a bank and trust company consists of preferred
stock, the determination of whether or not the capital of such
bank is impaired and the amount of such impairment shall be
based on the value of its stock as established at the time it
was issued, or its par value, if any, even though the amount
which the holders of such preferred stock shall be entitled to
receive in the event of retirement or liquidation shall be in
excess of the originally established value or the par value of
such preferred stock. [1986 c 279 § 25; 1981 c 89 § 6.]
Severability—1981 c 89: See note following RCW 30.04.180.
30.08.087 Authorized but unissued shares of capital
stock—Issuance—Consideration. Any bank or trust
company may provide in its articles of incorporation or
amendments thereto for authorized but unissued shares of its
capital stock. The shares may be issued for such consideration as shall be established by the board from time to time
and all consideration received therefor shall be allocated to
the capital stock or surplus of the corporation. [1994 c 256
§ 45; 1986 c 279 § 26; 1979 c 106 § 1; 1965 c 140 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2002 Ed.)
Organization and Powers
30.08.088 Authorized but unissued shares of capital
stock—When shares become part of capital stock. The
authorized but unissued shares shall not become a part of the
capital stock until they have been issued and paid for. [1994
c 256 § 46; 1994 c 92 § 53; 1986 c 279 § 27; 1979 c 106 §
2; 1965 c 140 § 2.]
Reviser’s note: This section was amended by 1994 c 92 § 53 and by
1994 c 256 § 46, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.090 Amendment of articles—Procedure.
Unless the articles of incorporation provide otherwise, the
board of directors of a bank or trust company may, by
majority vote, amend the bank or trust company’s articles of
incorporation without shareholder action as follows:
(1) If the bank or trust company has only one class of
shares outstanding, to provide, change, or eliminate any
provision with respect to the par value of any class of
shares;
(2) To delete the name and address of the initial
directors;
(3) If the bank or trust company has only one class of
shares outstanding, solely to change the number of authorized shares to effectuate a split of, or stock dividend in, the
bank or trust company’s own shares, or solely to do so and
to change the number of authorized shares in proportion
thereto;
(4) To change the bank or trust company’s name; or
(5) To make any other change expressly permitted by
this title to be made without shareholder action.
Other amendments to a bank or trust company’s articles
of incorporation, in a manner not inconsistent with the
provisions of this title, require the affirmative vote of the
stockholders representing two-thirds of each class of shares
entitled to vote under the terms of the shares at a regular
meeting, or special meeting duly called for that purpose in
the manner prescribed by the bank or trust company’s
bylaws. No amendment shall be made whereby a bank becomes a trust company unless such bank first receives
permission from the director. [1994 c 256 § 47; 1994 c 92
§ 54; 1987 c 420 § 3; 1986 c 279 § 28; 1965 c 140 § 3;
1955 c 33 § 30.08.090. Prior: 1923 c 115 § 7; 1917 c 80
§ 26; RRS § 3233.]
Reviser’s note: This section was amended by 1994 c 92 § 54 and by
1994 c 256 § 47, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.092 Increase or decrease of capital stock
authorized. A bank or trust company may increase or
decrease its capital stock by amendment to its articles of
incorporation. No issuance of capital stock shall be valid,
until the amount thereof shall have been actually paid in.
No reduction of the capital stock shall be made to an amount
less than is required for capital by the director. [1994 c 256
§ 48; 1994 c 92 § 55; 1987 c 420 § 4.]
Reviser’s note: This section was amended by 1994 c 92 § 55 and by
1994 c 256 § 48, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
(2002 Ed.)
30.08.088
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.095 Schedule of fees to be established. The
director shall collect fees for the following services:
For filing application for certificate of authority and
attendant investigation as outlined in the law;
For filing application for certificate conferring trust
powers upon a state or national bank;
For filing articles of incorporation, or amendments
thereof, or other certificates required to be filed in his or her
office;
For filing merger agreement and attendant investigation;
For filing application to relocate main office or branch
and attendant investigation;
For issuing each certificate of authority;
For furnishing copies of papers filed in his or her office,
per page.
The director shall establish the amount of the fee for
each of the above transactions, and for other services
rendered.
Every bank or trust company shall also pay to the
secretary of state for filing any instrument with him or her
the same fees as are required of general corporations for
filing corresponding instruments, and also the same license
fees as are required of general corporations. [1995 c 134 §
5. Prior: 1994 c 256 § 49; 1994 c 92 § 56; 1981 c 302 §
19; 1973 1st ex.s. c 104 § 8; 1969 c 136 § 4; 1955 c 33 §
30.08.095; prior: 1929 c 72 § 1; 1923 c 115 § 1; 1917 c 80
§ 12; RRS § 3219. Formerly RCW 30.04.080.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 302: See note following RCW 19.76.100.
Indemnification of directors, officers, employees, etc. by corporation
authorized: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
30.08.140 Corporate powers of banks. Upon the
issuance of a certificate of authority to a bank, the persons
named in the articles of incorporation and their successors
shall thereupon become a corporation and shall have power:
(1) To adopt and use a corporate seal.
(2) To have perpetual succession.
(3) To make contracts.
(4) To sue and be sued, the same as a natural person.
(5) To elect directors who, subject to the provisions of
the corporation’s bylaws, shall have power to appoint such
officers as may be necessary or convenient, to define their
powers and duties and to dismiss them at pleasure, and who
shall also have general supervision and control of the affairs
of such corporation.
(6) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of its affairs.
(7) To invest and reinvest its funds in marketable
obligations evidencing the indebtedness of any person,
copartnership, association, or corporation in the form of
bonds, notes, or debentures commonly known as investment
securities except as may by regulation be limited by the
director.
(8) To discount and negotiate promissory notes, drafts,
bills of exchange and other evidences of debt, to receive
deposits of money and commercial paper, to lend money
[Title 30 RCW—page 21]
30.08.140
Title 30 RCW: Banks and Trust Companies
secured or unsecured, to issue all forms of letters of credit,
to buy and sell bullion, coins and bills of exchange.
(9) To take and receive as bailee for hire upon terms
and conditions to be prescribed by the corporation, for
safekeeping and storage, jewelry, plate, money, specie,
bullion, stocks, bonds, mortgages, securities and valuable
paper of any kind and other valuable personal property, and
to rent vaults, safes, boxes and other receptacles for safekeeping and storage of personal property.
(10) If the bank be located in a city of not more than
five thousand inhabitants, to act as insurance agent. A bank
exercising this power may continue to act as an insurance
agent notwithstanding a change of the population of the city
in which it is located.
(11) To accept drafts or bills of exchange drawn upon
it having not more than six months sight to run, which grow
out of transactions involving the importation or exportation
of goods; or which grow out of transactions involving the
domestic shipment of goods, providing shipping documents
conveying or securing title are attached at the time of
acceptance; or which are secured at the time of acceptance
by a warehouse receipt or other such document conveying or
securing title to readily marketable staples. No bank shall
accept, either in a foreign or a domestic transaction, for any
one person, company, firm or corporation, to an amount
equal at any one time in the aggregate to more than ten
percent of its paid up and unimpaired capital stock and
surplus unless the bank is secured by attached documents or
by some other actual security growing out of the same
transaction as the acceptance; and no bank shall accept such
bills to an amount equal at any time in the aggregate to more
than one-half of its paid up and unimpaired capital stock and
surplus: PROVIDED, HOWEVER, That the director, under
such general regulations applicable to all banks irrespective
of the amount of capital or surplus, as the director may
prescribe may authorize any bank to accept such bills to an
amount not exceeding at any time in the aggregate one
hundred percent of its paid up and unimpaired capital stock
and surplus: PROVIDED, FURTHER, That the aggregate of
acceptances growing out of domestic transactions shall in no
event exceed fifty percent of such capital stock and surplus.
(12) To accept drafts or bills of exchange drawn upon
it, having not more than three months sight to run, drawn
under regulations to be prescribed by the director by banks
or bankers in foreign countries or dependencies or insular
possessions of the United States for the purpose of furnishing dollar exchange as required by the usages of trade in the
respective countries, dependencies or insular possessions.
Such drafts or bills may be acquired by banks in such
amounts and subject to such regulations, restrictions and
limitations as may be provided by the director: PROVIDED,
HOWEVER, That no bank shall accept such drafts or bills
of exchange referred to in this subdivision for any one bank
to an amount exceeding in the aggregate ten percent of the
paid up and unimpaired capital and surplus of the accepting
bank unless the draft or bill of exchange is accompanied by
documents conveying or securing title or by some other
adequate security, and that no such drafts or bills of exchange shall be accepted by any bank in an amount exceeding at any time the aggregate of one-half of its paid up and
unimpaired capital and surplus: PROVIDED FURTHER,
That compliance by any bank which is a member of the
[Title 30 RCW—page 22]
federal reserve system of the United States with the rules,
regulations and limitations adopted by the federal reserve
board thereof with respect to the acceptance of drafts or bills
of exchange by members of such federal reserve system
shall be a sufficient compliance with the requirements of this
subdivision or paragraph relating to rules, regulations and
limitations prescribed by the director.
(13) To have and exercise all powers necessary or
convenient to effect its purposes.
(14) To serve as custodian of an individual retirement
account and pension and profit sharing plans qualified under
internal revenue code section 401(a), the assets of which are
invested in deposits of the bank or trust company or are
invested, pursuant to directions from the customer owning
the account, in securities traded on a national securities
market: PROVIDED, That the bank or trust company shall
accept no investment responsibilities over the account unless
it is granted trust powers by the director.
(15) To be a limited partner in a limited partnership that
engages in only such activities as are authorized for the
bank.
(16) To exercise any other power or authority permissible under applicable state or federal law conducted by outof-state state banks with branches in Washington to the same
extent if, in the opinion of the director, those powers and
authorities affect the operations of banking in Washington or
affect the delivery of financial services in Washington.
[1996 c 2 § 5; 1994 c 92 § 58; 1986 c 279 § 29; 1957 c 248
§ 3; 1955 c 33 § 30.08.140. Prior: 1931 c 127 § 1; 1919 c
209 § 8; 1917 c 80 § 23; RRS § 3230.]
Severability—1996 c 2: See RCW 30.38.900.
30.08.150 Corporate powers of trust companies.
Upon the issuance of a certificate of authority to a trust
company, the persons named in the articles of incorporation
and their successors shall thereupon become a corporation
and shall have power:
(1) To execute all the powers and possess all the
privileges conferred on banks.
(2) To act as fiscal or transfer agent of the United States
or of any state, municipality, body politic or corporation and
in such capacity to receive and disburse money.
(3) To transfer, register and countersign certificates of
stock, bonds or other evidences of indebtedness and to act as
attorney in fact or agent of any corporation, foreign or
domestic, for any purpose, statutory or otherwise.
(4) To act as trustee under any mortgage, or bonds,
issued by any municipality, body politic, or corporation,
foreign or domestic, or by any individual, firm, association
or partnership, and to accept and execute any municipal or
corporate trust.
(5) To receive and manage any sinking fund of any
corporation upon such terms as may be agreed upon between
such corporation and those dealing with it.
(6) To collect coupons on or interest upon all manner of
securities, when authorized so to do, by the parties depositing the same.
(7) To accept trusts from and execute trusts for married
persons in respect to their separate property and to be their
agent in the management of such property and to transact
any business in relation thereto.
(2002 Ed.)
Organization and Powers
(8) To act as receiver or trustee of the estate of any person, or to be appointed to any trust by any court, to act as
assignee under any assignment for the benefit of creditors of
any debtor, whether made pursuant to statute or otherwise,
and to be the depositary of any moneys paid into court.
(9) To be appointed and to accept the appointment of
executor of, or trustee under, the last will and testament, or
administrator with or without the will annexed, of the estate
of any deceased person and to be appointed and to act as
guardian of the estate of lunatics, idiots, persons of unsound
mind, minors and habitual drunkards: PROVIDED, HOWEVER, That the power hereby granted to trust companies to
act as guardian or administrator, with or without the will
annexed, shall not be construed to deprive parties of the
prior right to have issued to them letters of guardianship, or
of administration, as such right now exists under the law of
this state.
(10) To execute any trust or power of whatever nature
or description that may be conferred upon or entrusted or
committed to it by any person or by any court or municipality, foreign or domestic corporation and any other trust or
power conferred upon or entrusted or committed to it by
grant, assignment, transfer, devise, bequest or by any other
authority and to receive, take, use, manage, hold and dispose
of, according to the terms of such trusts or powers any
property or estate, real or personal, which may be the subject
of any such trust or power.
(11) Generally to execute trusts of every description not
inconsistent with law.
(12) To purchase, invest in and sell promissory notes,
bills of exchange, bonds, debentures and mortgages and
when moneys are borrowed or received for investment, the
bonds or obligations of the company may be given therefor,
but no trust company hereafter organized shall issue such
bonds: PROVIDED, That no trust company which receives
money for investment and issues the bonds of the company
therefor shall engage in the business of banking or receiving
of either savings or commercial deposits: AND PROVIDED, That it shall not issue any bond covering a period of
more than ten years between the date of its issuance and its
maturity date: AND PROVIDED FURTHER, That if for
any cause, the holder of any such bond upon which one or
more annual rate installments have been paid, shall fail to
pay the subsequent annual rate installments provided in said
bond such holder shall, on or before the maturity date of
said bond, be paid not less than the full sum which he has
paid in on account of said bond. [1973 1st ex.s. c 154 § 48;
1955 c 33 § 30.08.150. Prior: 1929 c 72 § 4, part; 1923 c
115 § 6, part; 1921 c 94 § 1, part; 1917 c 80 § 24, part;
RRS § 3231, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
30.08.155 Powers and authorities of trust companies—Federally chartered trust companies—Findings of
director. Notwithstanding any restrictions, limitations, and
requirements of law, in addition to all powers, express or
implied, that a trust company has under the laws of this
state, a trust company shall have the powers and authorities
conferred as of June 11, 1998, upon a federally chartered
trust company doing business in this state. A trust company
may exercise the powers and authorities conferred on a
(2002 Ed.)
30.08.150
federally chartered trust company after this date only if the
director finds that the exercise of such powers and authorities:
(1) Serves the convenience and advantage of trustors;
and
(2) Maintains the fairness of competition and parity
between state-chartered trust companies and federally
chartered trust companies.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate
governance and operational matters.
The restrictions, limitations, and requirements applicable
to specific powers or authorities of federally chartered trust
companies shall apply to trust companies exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to exercising the powers or authorities granted trust companies solely under this section. [1998 c 45 § 2.]
30.08.160 Report of bond liability—Collateral. Any
trust company receiving moneys for investment, and for
which it shall give its bonds as in RCW 30.08.150(12)
provided, shall within ten days after any regular report is
called for from banks or trust companies by the director,
make a statement of its total liability, on all bonds issued
and then in force, certified by its board of directors, and
shall at the same time deposit with the state treasurer, for the
benefit of the holders of such bonds or obligations, sufficient
securities or money so that it will have on deposit with said
state treasurer a sufficient amount of said securities, which
may be exchanged for other securities as necessity may
require, or money to, at any time, pay all of said liability.
In the event of its failure to make such deposits, it shall
cease doing such business: PROVIDED, That whenever
money shall have been deposited with the treasurer, it may
be withdrawn at any time upon a like amount of securities
being deposited in its stead: AND PROVIDED FURTHER,
That the securities deposited shall consist of such securities
as are by this title permitted for the investment of trust
funds. [1994 c 92 § 59; 1955 c 33 § 30.08.160. Prior:
1917 c 80 § 25; RRS § 3232.]
30.08.170 Securities may be held in name of
nominee. Any trust company incorporated under the laws
of this state and any national banking association authorized
to act in a fiduciary capacity in this state, when acting in a
fiduciary capacity, either alone or jointly with an individual
or individuals, may, with the consent of such individual
fiduciary or fiduciaries, who are hereby authorized to give
such consent, cause any stocks, securities, or other property
now held or hereafter acquired to be registered and held in
the name of a nominee or nominees of such corporate or
association fiduciary without mention of the fiduciary
relationship. Any such fiduciary shall be liable for any loss
occasioned by the acts of any of its nominees with respect
to such stocks, securities or other property so registered.
[1955 c 33 § 30.08.170. Prior: 1947 c 146 § 1; Rem. Supp.
1947 § 3292b.]
30.08.180 Reports of resources and liabilities.
Every bank and trust company shall make at least three
[Title 30 RCW—page 23]
30.08.180
Title 30 RCW: Banks and Trust Companies
regular reports each year to the director, as of the dates
which he or she shall designate, according to form prescribed by him or her, verified by the president, manager or
cashier and attested by at least two directors, which shall
exhibit under appropriate heads the resources and liabilities
of such corporation. The dates designated by the director
shall be the dates designated by the comptroller of the
currency of the United States for reports of national banking
associations.
Every such corporation shall also make such special
reports as the director shall call for. [1995 c 344 § 3; 1994
c 92 § 60; 1955 c 33 § 30.08.180. Prior: 1919 c 209 § 4;
1917 c 80 § 5; RRS § 3212.]
30.12.047
30.08.190 Time of filing—Availability—Penalty. (1)
Every regular report shall be filed with the director within
thirty days from the date of issuance of the notice. Every
special report shall be filed with the director within such
time as shall be specified by him or her in the notice
therefor.
(2) The director shall provide a copy of any regular
report free of charge to any person that submits a written
request for the report.
(3) Every bank and trust company which fails to file
any report, required to be filed under subsection (1) of this
section and within the time specified, shall be subject to a
penalty of fifty dollars per day for each day’s delay. A civil
action for the recovery of any such penalty may be brought
by the attorney general in the name of the state. [1995 c
344 § 4; 1995 c 134 § 6. Prior: 1994 c 256 § 51; 1994 c
92 § 61; 1977 c 38 § 1; 1955 c 33 § 30.08.190; prior: 1917
c 80 § 6; RRS § 3213.]
30.12.230
Reviser’s note: This section was amended by 1995 c 134 § 6 and by
1995 c 344 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 30.12
OFFICERS, EMPLOYEES, AND STOCKHOLDERS
Sections
30.12.010
30.12.020
30.12.025
30.12.030
30.12.040
30.12.042
30.12.044
30.12.045
30.12.046
Directors—Election—Meetings—Oath—Vacancies.
Meetings, where held—Corporate records.
Rights of shareholder to examine and make extracts of records—Penalty—Financial statements.
Fidelity bonds—Casualty insurance.
Removal of delinquent officer or employee or prohibiting
participation in bank or trust company affairs—
Grounds—Notice.
Removal of delinquent officer or employee or prohibiting
participation in bank or trust company affairs—Notice
contents—Hearing—Order of removal or prohibition.
Removal of delinquent officer or employee or prohibiting
participation in bank or trust company affairs—Effect
upon quorum—Procedure.
Removal of delinquent officer or employee or prohibiting
participation in bank or trust company affairs—
Administrative hearing—Judicial review.
Removal of delinquent officer or employee or prohibiting
participation in bank or trust company affairs—
Jurisdiction of courts in enforcement or issuance of
orders, injunctions or judicial review.
[Title 30 RCW—page 24]
30.12.060
30.12.070
30.12.090
30.12.100
30.12.110
30.12.115
30.12.120
30.12.130
30.12.180
30.12.190
30.12.205
30.12.220
30.12.240
Removal of delinquent officer or employee or prohibiting
participation in bank or trust company affairs—Violation
of final order—Penalty.
Loans to officers or employees.
Unsafe loans and discounts to directors.
False entries, statements, etc.—Penalty.
Destroying or secreting records—Penalty.
Commission, etc., for procuring loan—Penalty.
Transactions in which director or officer has an interest.
Loans to officers or employees from trust funds—Penalty.
Trust company as legal representative—Oath by officer.
Levy of assessments.
General penalty—Effect of conviction.
Stock purchase options—Incentive bonus contracts, stock
purchase or bonus plans, and profit sharing plans.
Preemptive rights of shareholders to acquire unissued
shares—Articles of incorporation may limit or permit—
Later acquisition.
Immunity of shareholders of bank insured by the federal
deposit insurance corporation.
Violations—Director liability.
30.12.010 Directors—Election—Meetings—Oath—
Vacancies. Every bank and trust company shall be managed
by not less than five directors, who need not be residents of
this state. Directors shall be elected by the stockholders and
hold office for such term as is specified in the articles of
incorporation, not exceeding three years, and until their
successors are elected and have qualified. In the first
instance the directors shall be those named in the articles of
incorporation and afterwards, those elected at the annual
meeting of the stockholders to be held at least once each
year on a day to be specified by the bank’s or trust
company’s bylaws. Shareholders may not cumulate their
votes unless the articles of incorporation specifically so
provide. If for any cause no election is held at that time, it
may be held at an adjourned meeting or at a subsequent
meeting called for that purpose in the manner prescribed by
the corporation’s bylaws. The directors shall meet at least
once each quarter and whenever required by the director. A
majority of the then serving board of directors shall constitute a quorum for the transaction of business. At all
stockholders’ meetings, each share shall be entitled to one
vote, unless the articles of incorporation provide otherwise.
Any stockholder may vote in person or by written proxy.
Each director, so far as the duty devolves upon him or
her, shall diligently and honestly administer the affairs of
such corporation and shall not knowingly violate or willingly
permit to be violated any provision of law applicable to such
corporation. Vacancies in the board of directors shall be
filled by the board. [1994 c 256 § 54; 1994 c 92 § 62; 1987
c 420 § 1; 1986 c 279 § 30; 1982 c 196 § 8; 1981 c 89 § 3;
1975 c 35 § 1; 1969 c 136 § 8; 1957 c 190 § 1; 1955 c 33
§ 30.12.010. Prior: 1947 c 129 § 1; 1917 c 80 § 30; Rem.
Supp. 1947 § 3237.]
Reviser’s note: This section was amended by 1994 c 92 § 62 and by
1994 c 256 § 54, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 196: See note following RCW 30.04.550.
Severability—1981 c 89: See note following RCW 30.04.180.
30.12.020 Meetings, where held—Corporate records. All meetings of the stockholders of any bank or trust
(2002 Ed.)
Officers, Employees, and Stockholders
company, except organization meetings and meetings held
with the consent of all stockholders, must be held in the
county in which the head office or any branch of the
corporation is located. Meetings of the directors of any bank
or trust company may be held either within or without this
state. Every such corporation shall keep records in which
shall be recorded the names and residences of the stockholders thereof, the number of shares held by each, and also the
transfers of stock, showing the time when made, the number
of shares and by whom transferred. In all actions, suits and
proceedings, said records shall be prima facie proof of the
facts shown therein. All of the corporate books, including
the certificate book, stockholders’ ledger and minute book or
a copy thereof shall be kept at the corporation’s principal
place of business. Any books, record, and minutes may be
in written form or any other form capable of being converted
to written form within a reasonable time. [1994 c 256 § 55;
1986 c 279 § 31; 1969 c 136 § 9; 1955 c 33 § 30.12.020.
Prior: 1927 c 179 § 1; 1917 c 80 § 31; RRS § 3238.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.12.025 Rights of shareholder to examine and
make extracts of records—Penalty—Financial statements.
Any person who has been a shareholder of record at least six
months immediately preceding his or her demand or who is
the holder of record of at least five percent of all the
outstanding shares of a bank or trust company, upon written
demand stating the purpose thereof, has the right to examine,
in person, or by agent or attorney, at any reasonable time or
times, for any proper purpose, the bank or trust company’s
minutes of the proceedings of its shareholders, its shareholder records, and its existing publicly available records. The
person is entitled to make extracts therefrom, except that the
person is not entitled to view or make extracts of any portion
of minutes that refer or relate to information which is confidential.
Any officer or agent who, or a bank or trust company
that, refuses to allow any such shareholder or his or her
agent or attorney, to examine and make extracts from its
minutes of the proceedings of its shareholders, record of
shareholders, or existing publicly available books and
records, for any proper purpose, shall be liable to the
shareholder for actual damages or other remedy afforded the
shareholder by law.
It is a defense to any action for penalties under this
section that the person suing therefor has, within two years:
(1) Sold or offered for sale any list of shareholders for
shares of such bank or trust company or any other bank or
trust company; (2) aided or abetted any person in procuring
any list of shareholders for any such purpose; (3) improperly
used any information secured through any prior examination
of existing publicly available books and records, or minutes,
or record of shareholders of such bank or trust company or
any other bank or trust company; or (4) not acted in good
faith or for a proper purpose in making his or her demand.
Nothing in this section impairs the power of any court
of competent jurisdiction, upon proof by a shareholder of
proper purpose, irrespective of the period of time during
which the shareholder has been a shareholder of record, and
irrespective of the number of shares held by him or her, to
compel the production for examination by the shareholder of
(2002 Ed.)
30.12.020
the existing publicly available books and records, minutes,
and record of shareholders of a bank or trust company.
Upon the written request of any shareholder of a bank
or trust company, the bank or trust company shall mail to
the shareholder its most recent financial statements showing
in reasonable detail its assets and liabilities and the results of
its operations. As used in this section, "shareholder"
includes the holder of voting trust certificates for shares.
[1986 c 279 § 32.]
30.12.030 Fidelity bonds—Casualty insurance. (1)
Except as otherwise permitted by the director under specified
terms and conditions, the board of directors of each bank
and trust company shall direct and require good and sufficient surety company fidelity bonds issued by a company
authorized to engage in the insurance business in the state of
Washington on all active officers and employees, whether or
not they draw salary or compensation, which bonds shall
provide for indemnity to such bank or trust company, on
account of any losses sustained by it as the result of any
dishonest, fraudulent or criminal act or omission committed
or omitted by them acting independently or in collusion or
combination with any person or persons. Such bonds may
be individual, schedule or blanket form, and the premiums
therefor shall be paid by the bank or trust company.
(2) The said directors shall also direct and require
suitable insurance protection to the bank or trust company
against burglary, robbery, theft and other similar insurance
hazards to which the bank or trust company may be exposed
in the operations of its business on the premises or elsewhere.
The said directors shall be responsible for prescribing at
least once in each year the amount or penal sum of such
bonds or policies and the sureties or underwriters thereon,
after giving due consideration to all known elements and
factors constituting such risk or hazard. Such action shall be
recorded in the minutes of the board of directors. [1994 c
92 § 63; 1986 c 279 § 33; 1955 c 33 § 30.12.030. Prior:
1947 c 132 § 1; 1927 c 224 § 1; 1917 c 80 § 32; Rem.
Supp. 1947 § 3239.]
30.12.040 Removal of delinquent officer or employee or prohibiting participation in bank or trust company
affairs—Grounds—Notice. The director may serve upon
a director, officer, or employee of any bank or trust company
a written notice of the director’s intention to remove the
person from office or to prohibit the person from participation in the conduct of the affairs of the bank or trust company, or both, whenever:
(1) In the opinion of the director any director, officer,
or employee of any bank or trust company has committed or
engaged in:
(a) Any violation of law or rule or of a cease and desist
order which has become final;
(b) Any unsafe or unsound practice in connection with
the bank or trust company; or
(c) Any act, omission, or practice which constitutes a
breach of his or her fiduciary duty as director, officer, or
employee; and
(2) The director determines that:
[Title 30 RCW—page 25]
30.12.040
Title 30 RCW: Banks and Trust Companies
(a) The bank or trust company has suffered or may
suffer substantial financial loss or other damage; or
(b) The interests of its depositors could be seriously
prejudiced by reason of the violation or practice or breach of
fiduciary duty; and
(c) The violation or practice or breach of fiduciary duty
is one involving personal dishonesty, recklessness, or
incompetence on the part of the director, officer, or employee. [1994 c 92 § 64; 1977 ex.s. c 178 § 5; 1955 c 33 §
30.12.040. Prior: 1933 c 42 § 1; 1917 c 80 § 10; RRS §
3217.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.12.042 Removal of delinquent officer or employee or prohibiting participation in bank or trust company
affairs—Notice contents—Hearing—Order of removal or
prohibition. A notice of an intention to remove a director,
officer, or employee from office or to prohibit his or her
participation in the conduct of the affairs of a bank or trust
company shall contain a statement of the facts which
constitute grounds therefor and shall fix a time and place at
which a hearing will be held. The hearing shall be set not
earlier than ten days nor later than thirty days after the date
of service of the notice unless an earlier or later date is set
by the director at the request of the director, officer, or
employee for good cause shown or of the attorney general of
the state.
Unless the director, officer, or employee appears at the
hearing personally or by a duly authorized representative, the
person shall be deemed to have consented to the issuance of
an order of removal or prohibition or both. In the event of
such consent or if upon the record made at the hearing the
director finds that any of the grounds specified in the notice
have been established, the director may issue such orders of
removal from office or prohibition from participation in the
conduct of the affairs of the bank or trust company as the
director may consider appropriate.
Any order shall become effective at the expiration of ten
days after service upon the bank and the director, officer, or
employee concerned except that an order issued upon
consent shall become effective at the time specified in the
order.
An order shall remain effective except to the extent it is
stayed, modified, terminated, or set aside by the director or
a reviewing court. [1994 c 92 § 65; 1977 ex.s. c 178 § 6.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.12.044 Removal of delinquent officer or employee or prohibiting participation in bank or trust company
affairs—Effect upon quorum—Procedure. If at any time
because of the removal of one or more directors under this
chapter there shall be on the board of directors of a bank or
trust company less than a quorum of directors, all powers
and functions vested in or exercisable by the board shall vest
in and be exercisable by the director or directors remaining
until such time as there is a quorum on the board of directors. If all of the directors of a bank or trust company are
removed under this chapter, the director shall appoint
persons to serve temporarily as directors until such time as
their respective successors take office. [1994 c 92 § 66;
1977 ex.s. c 178 § 7.]
[Title 30 RCW—page 26]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.12.045 Removal of delinquent officer or employee or prohibiting participation in bank or trust company
affairs—Administrative hearing—Judicial review. See
RCW 30.04.470.
30.12.046 Removal of delinquent officer or employee or prohibiting participation in bank or trust company
affairs—Jurisdiction of courts in enforcement or issuance
of orders, injunctions or judicial review. See RCW
30.04.475.
30.12.047 Removal of delinquent officer or employee or prohibiting participation in bank or trust company
affairs—Violation of final order—Penalty. Any present or
former director, officer, or employee of a bank or trust
company or any other person against whom there is outstanding an effective final order served upon the person and
who participates in any manner in the conduct of the affairs
of the bank or trust company involved; or who directly or
indirectly solicits or procures, transfers or attempts to
transfer, or votes or attempts to vote any proxies, consents,
or authorizations with respect to any voting rights in the
bank or trust company; or who, without the prior approval
of the director, votes for a director or serves or acts as a
director, officer, employee, or agent of any bank or trust
company shall upon conviction for a violation of any order,
be guilty of a gross misdemeanor punishable as prescribed
under chapter 9A.20 RCW, as now or hereafter amended.
[1994 c 92 § 67; 1977 ex.s. c 178 § 10.]
Severability—1977 ex.s. c 178: See note following RCW 30.04.450.
30.12.060 Loans to officers or employees. (1) Any
bank or trust company shall be permitted to make loans to
any employee of such corporation, or to purchase, discount
or acquire, as security or otherwise, the obligation or debt of
any employee to any other person, to the same extent as if
the employee were in no way connected with the corporation. Any bank or trust company shall be permitted to make
loans to any officer of such corporation, or to purchase, discount or acquire, as security or otherwise, the obligation or
debt of any officer to any other person: PROVIDED, That
the total value of the loans made and obligation acquired for
any one officer shall not exceed such amount as shall be
prescribed by the director pursuant to regulations adopted in
accordance with the Administrative Procedure Act, chapter
34.05 RCW, as now or hereafter amended: AND PROVIDED FURTHER, That no such loan shall be made, or obligation acquired, in excess of five percent of a bank’s capital
and unimpaired surplus or twenty-five thousand dollars,
whichever is larger, unless a resolution authorizing the same
shall be adopted by a vote of a majority of the board of
directors of such corporation prior to the making of such
loan or discount, and such vote and resolution shall be
entered in the corporate minutes. In no event shall the loan
or obligation acquired exceed five hundred thousand dollars
in the aggregate without prior approval by a majority of the
corporation’s board of directors. No loan in excess of five
percent of a bank’s capital and unimpaired surplus or
twenty-five thousand dollars, whichever is larger, shall be
(2002 Ed.)
Officers, Employees, and Stockholders
made by any bank or trust company to any director of such
corporation nor shall the note or obligation in excess of five
percent of a bank’s capital and unimpaired surplus or
twenty-five thousand dollars, whichever is larger, of such
director be discounted by any such corporation, or by any
officer or employee thereof in its behalf, unless a resolution
authorizing the same shall be adopted by a vote of a majority of the entire board of directors of such corporation exclusive of the vote of such interested director, and such vote
and resolution shall be entered in the corporate minutes. In
no event may the loan or obligation acquired exceed five
hundred thousand dollars in the aggregate without prior
approval by a majority of the corporation’s board of directors.
Each bank or trust company shall at such times and in
such form as may be required by the director, report to the
director all outstanding loans to directors of such bank or
trust company.
The amount of any endorsement or agreement of
suretyship or guaranty of any such director to the corporation
shall be construed to be a loan within the provisions of this
section. Any modification of the terms of an existing
obligation (excepting only such modifications as merely
extend or renew the indebtedness) shall be construed to be
a loan within the meaning of this section.
(2) "Unimpaired surplus," as used in this section,
consists of the sum of the following amounts:
(a) Fifty percent of the reserve for possible loan losses;
(b) Subordinated notes and debentures;
(c) Surplus;
(d) Undivided profits; and
(e) Reserve for contingencies and other capital reserves,
excluding accrued dividends on preferred stock. [1994 c 92
§ 69; 1985 c 305 § 6; 1969 c 136 § 5; 1959 c 165 § 1; 1955
c 33 § 30.12.060. Prior: 1947 c 147 § 1, part; 1933 c 42 §
22, part; 1917 c 80 § 52, part; Rem. Supp. 1947 § 3259,
part.]
30.12.070 Unsafe loans and discounts to directors.
The director may at any time, if in his or her judgment
excessive, unsafe or improvident loans are being made or are
likely to be made by a bank or trust company to any of its
directors, or to any corporation, copartnership or association
of which such director is a stockholder, member, co-owner,
or in which such director is financially interested, or like
discounts of the notes or obligations of any such director,
corporation, copartnership or association are being made or
are likely to be made, require such bank or trust company to
submit to him or her for approval all proposed loans to, or
discounts of the note or obligation of, any such director,
corporation, copartnership or association, and thereafter such
proposed loans and discounts shall be reported upon such
forms and with such information concerning the desirability
and safety of such loans or discounts and of the responsibility and financial condition of the person, corporation,
copartnership or association to whom such loan is to be
made or whose note or obligation is to be discounted and of
the amount and value of any collateral that may be offered
as security therefor, as the director may require, and no such
loan or discount shall be made without his or her written
approval thereon. [1994 c 92 § 70; 1955 c 33 § 30.12.070.
(2002 Ed.)
30.12.060
Prior: 1947 c 147 § 1, part; 1933 c 42 § 22, part; 1917 c 80
§ 52, part; Rem. Supp. 1947 § 3259, part.]
30.12.090 False entries, statements, etc.—Penalty.
Every person who shall knowingly subscribe to or make or
cause to be made any false statement or false entry in the
books of any bank or trust company or shall knowingly
subscribe to or exhibit any false or fictitious paper or
security, instrument or paper, with the intent to deceive any
person authorized to examine into the affairs of any bank or
trust company or shall make, state or publish any false
statement of the amount of the assets or liabilities of any
bank or trust company shall be guilty of a felony. [1955 c
33 § 30.12.090. Prior: 1917 c 80 § 56; RRS § 3263.]
30.12.100 Destroying or secreting records—Penalty.
Every officer, director or employee or agent of any bank or
trust company who, for the purpose of concealing any fact
or suppressing any evidence against himself or herself, or
against any other person, abstracts, removes, mutilates, destroys or secretes any paper, book or record of any bank or
trust company, or of the director, or of anyone connected
with his or her office, shall be guilty of a felony. [1994 c
92 § 71; 1955 c 33 § 30.12.100. Prior: 1917 c 80 § 56;
RRS § 3264.]
30.12.110 Commission, etc., for procuring loan—
Penalty. No officer, director, agent, employee or stockholder of any bank or trust company shall, directly or indirectly,
receive a bonus, commission, compensation, remuneration,
gift, speculative interest or gratuity of any kind from any
person, firm or corporation other than the bank or as allowed
by RCW 30.12.115 for granting, procuring or endeavoring
to procure, for any person, firm or corporation, any loan by
or out of the funds of such bank or trust company or the
purchase or sale of any securities or property for or on
account of such bank or trust company or for granting or
procuring permission for any person, firm or corporation to
overdraw any account with such bank or trust company.
Any person violating this section shall be guilty of a gross
misdemeanor. [1986 c 279 § 35; 1955 c 33 § 30.12.110.
Prior: 1919 c 209 § 20; RRS § 3290.]
30.12.115 Transactions in which director or officer
has an interest. (1) If a transaction is fair to a corporation
at the time it is authorized, approved, or ratified, the fact that
a director or an officer had a direct or indirect interest in the
transaction is not grounds for either invalidating the transaction or imposing liability on the director or officer.
(2) In any proceeding seeking to invalidate a transaction
with the corporation in which a director or an officer had a
direct or indirect interest in a transaction with the corporation, the person asserting the validity of the transaction has
the burden of proving fairness unless:
(a) The material facts of the transaction and the
director’s or officer’s interest was disclosed or known to the
board of directors, or a committee of the board, and the
board or committee authorized, approved, or ratified the
transaction; or
(b) The material facts of the transaction and the
director’s or officer’s interest was disclosed or known to the
[Title 30 RCW—page 27]
30.12.115
Title 30 RCW: Banks and Trust Companies
shareholders entitled to vote, and they authorized, approved,
or ratified the transaction.
(3) For purposes of this section, a director or an officer
of a corporation has an indirect interest in a transaction with
the corporation if:
(a) Another entity in which the director or officer has a
material financial interest, or in which such person is a
general partner, is a party to the transaction; or
(b) Another entity of which the director or officer is a
director, officer, or trustee is a party to the transaction, and
the transaction is or should be considered by the board of
directors of the corporation.
(4) For purposes of subsection (3)(a) of this section, a
transaction is authorized, approved, or ratified only if it
receives the affirmative vote of a majority of the directors on
the board of directors or on the committee who have no
direct or indirect interest in the transaction. If a majority of
the directors who have no direct or indirect interest in the
transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action
under this section. The presence of, or a vote cast by, a
director with a direct or indirect interest in the transaction
does not affect the validity of any action taken under
subsection (3)(a) of this section if the transaction is otherwise authorized, approved, or ratified as provided in that
subsection.
(5) For purposes of subsection (3)(b) of this section, a
transaction is authorized, approved, or ratified only if it
receives the vote of a majority of shares entitled to be
counted under this subsection. All outstanding shares
entitled to vote under this title or the articles of incorporation
are entitled to be counted under this subsection except shares
owned by or voted under the control of a director or an
officer who has a direct or indirect interest in the transaction.
Shares owned by or voted under the control of an entity
described in subsection (3)(a) of this section shall not be
counted to determine whether shareholders have authorized,
approved, or ratified a transaction for purposes of subsection
(3)(b) of this section. The vote of the shares owned by or
voted under the control of a director or an officer who has
a direct or indirect interest in the transaction and shares
owned by or voted under the control of an entity described
in subsection (3)(a) of this section, however, shall be
counted in determining whether the transaction is approved
under other sections of this title and for purposes of determining a quorum. [1986 c 279 § 36.]
30.12.120 Loans to officers or employees from trust
funds—Penalty. No corporation doing a trust business shall
make any loan to any officer, or employee from its trust
funds, nor shall it permit any officer, or employee to become
indebted to it in any way out of its trust funds. Every
officer, director, or employee of any such corporation, who
knowingly violates any provision of this section, or who aids
or abets any other person in any such violation, shall be
guilty of a felony. [1955 c 33 § 30.12.120. Prior: 1917 c
80 § 53; RRS § 3260.]
30.12.130 Trust company as legal representative—
Oath by officer. When any trust company shall be appointed executor, administrator, or trustee of any estate or
[Title 30 RCW—page 28]
guardian of the estate of any infant or other incompetent, it
shall be lawful for any duly authorized officer of such
corporation to take and subscribe for such corporation any
and all oaths or affirmations required of such an appointee.
[1955 c 33 § 30.12.130. Prior: 1917 c 80 § 50; RRS §
3257.]
30.12.180 Levy of assessments. Whenever the
director shall notify the board of directors of a bank or trust
company to levy an assessment upon the stock of such
corporation and the holders of two-thirds of the stock shall
consent thereto, such board shall, within ten days from the
issuance of such notice, adopt a resolution for the levy of
such assessment, and shall immediately upon the adoption of
such resolution serve notice upon each stockholder, personally or by mail, at his or her last known address, to pay such
assessment; and that if the same be not paid within twenty
days from the date of the issuance of such notice, his or her
stock will be subject to sale and all amounts previously paid
thereon shall be subject to forfeiture. If any stockholder fail
within said twenty days to pay the assessment as provided in
this section, it shall be the duty of the board of directors to
cause a sufficient amount of the capital stock of such
stockholder to be sold to make good the deficiency. The
sale shall be held at such time and place as shall be designated by the board of directors and shall be either public or
private, as the board shall deem best. At any time after the
expiration of sixty days from the expiration of said twentyday period the director may require any stock upon which
the assessment remains unpaid to be canceled and deducted
from the capital of the corporation. If such cancellation
shall reduce the capital of the corporation below the minimum required by this title or its articles of incorporation the
capital shall, within thirty days thereafter be increased to the
required amount by original subscription, in default of which
the director may take possession of such corporation in the
manner provided by law in case of insolvency. [1994 c 92
§ 72; 1955 c 33 § 30.12.180. Prior: 1923 c 115 § 8; 1917
c 80 § 34; RRS § 3241.]
30.12.190 General penalty—Effect of conviction.
Every person who shall violate, or knowingly aid or abet the
violation of any provision of RCW 30.04.010, 30.04.030,
30.04.050, 30.04.060, 30.04.070, 30.04.075, 30.04.111,
30.04.120, 30.04.130, 30.04.180, 30.04.210, 30.04.220,
30.04.280, *30.04.290, 30.04.300, 30.08.010, 30.08.020,
30.08.030, 30.08.040, 30.08.050, 30.08.060, 30.08.080,
30.08.090, 30.08.095, **30.08.110, ***30.08.120, 30.08.140,
30.08.150, 30.08.160, 30.08.180, 30.08.190, 30.12.010,
30.12.020, 30.12.030, 30.12.060, 30.12.070, 30.12.130,
30.12.180, 30.12.190, 30.16.010, 30.20.060, ****30.40.010,
30.44.010, 30.44.020, 30.44.030, 30.44.040, 30.44.050,
30.44.060, 30.44.070, 30.44.080, 30.44.090, 30.44.100,
30.44.130, 30.44.140, 30.44.150, 30.44.160, 30.44.170,
30.44.240, 30.44.250, *****43.19.020, 43.19.030, 43.19.050,
and 43.19.090, and every person who fails to perform any
act which it is therein made his duty to perform, shall be
guilty of a misdemeanor. No person who has been convicted for the violation of the banking laws of this or any other
state or of the United States shall be permitted to engage in
or become an officer or official of any bank or trust compa(2002 Ed.)
Officers, Employees, and Stockholders
30.12.190
ny organized and existing under the laws of this state. [1989
c 220 § 2; 1983 c 3 § 47; 1955 c 33 § 30.12.190. Prior:
1919 c 209 § 18; 1917 c 80 § 80; RRS § 3287.]
liable for any debts or obligations of the bank. [1986 c 279
§ 50.]
Reviser’s note: *(1) RCW 30.04.290 was repealed by 1994 c 256 §
124, without cognizance of its amendment by 1994 c 92 § 27. It has been
decodified for publication purposes pursuant to RCW 1.12.025. RCW
30.04.290 was subsequently repealed by 1997 c 101 § 7.
**(2) RCW 30.08.110 was repealed by 1994 c 256 § 124.
***(3) RCW 30.08.120 was repealed by 1994 c 256 § 124, without
cognizance of its amendment by 1994 c 92 § 57. It has been decodified for
publication purposes pursuant to RCW 1.12.025. RCW 30.08.120 was
subsequently repealed by 1997 c 101 § 7.
****(4) RCW 30.40.010 was decodified September 1996.
*****(5) RCW 43.19.020, 43.19.030, 43.19.050, and 43.19.090 were
recodified as RCW 43.320.060, 43.320.070, 43.320.080, and 43.320.100,
respectively, pursuant to 1993 c 472 § 30, effective October 1, 1993.
30.12.240 Violations—Director liability. If the directors of any bank shall knowingly violate, or knowingly
permit any of the officers, agents, or servants of the bank to
violate any of the provisions of this title or any lawful
regulation or directive of the director, and if the directors are
aware that such facts and circumstances constitute such
violations, then each director who participated in or assented
to the violation is personally and individually liable for all
damages which the state or any insurer of the deposits
sustains due to the violation. [1994 c 92 § 73; 1989 c 180
§ 7.]
30.12.205 Stock purchase options—Incentive bonus
contracts, stock purchase or bonus plans, and profit
sharing plans. Subject to any restrictions in its articles of
incorporation and in accordance with and subject to the
provisions of RCW 30.08.088, the board of directors of a
bank or trust company may grant options entitling the
holders thereof to purchase from the corporation shares of
any class of its stock. The instrument evidencing the option
shall state the terms upon which, the time within which, and
the price at which such shares may be purchased from the
corporation upon the exercise of such option. If any such
options are granted by contract, or are to be granted pursuant
to a plan, to officers or employees of the bank or trust
company, then the contract or the plan shall require the approval, within twelve months of its approval by the board of
directors, of the holders of a majority of its voting capital
stock. Subsequent amendments to any such contract or plan
which do not change the price or duration of any option, the
maximum number of shares which may be subject to
options, or the class of employees eligible for options may
be made by the board of directors without further shareholder approval.
Subject to any restrictions in its articles of incorporation,
the board of directors of a bank or trust company shall have
the authority to enter into any plans or contracts providing
for compensation for its officers and employees, including,
but not being limited to, incentive bonus contracts, stock
purchase or bonus plans and profit sharing plans. [1986 c
279 § 37.]
30.12.220 Preemptive rights of shareholders to
acquire unissued shares—Articles of incorporation may
limit or permit—Later acquisition. The articles of
incorporation of any bank or trust company organized under
this title may limit or permit the preemptive rights of a
shareholder to acquire unissued shares of the corporation and
may thereafter by amendment limit, deny, or grant to
shareholders of any class of stock the preemptive right to
acquire additional shares of the corporation whether then or
thereafter authorized. [1979 c 106 § 8.]
Chapter 30.16
CHECKS
Sections
30.16.010 Certification—Effect—Penalty.
Negotiable instruments: Title 62A RCW.
30.16.010 Certification—Effect—Penalty. No
director, officer, agent or employee of any bank or trust
company shall certify a check unless the amount thereof
actually stands to the credit of the drawer on the books of
such corporation and when certified must be charged to the
account of the drawer. Every violation of this provision
shall be a gross misdemeanor. Any such check so certified
by a duly authorized person shall be a good and valid
obligation of the bank or trust company in the hands of an
innocent holder. [1955 c 33 § 30.16.010. Prior: 1917 c 80
§ 44; RRS § 3251.]
Chapter 30.20
DEPOSITS
Sections
30.20.005
30.20.025
30.20.060
Deposits by individuals governed by chapter 30.22 RCW.
Receipt for deposits—Contents.
Deposits and accounts—Regulations—Passbooks or records—Deposit contract.
30.20.090 Adverse claim to a deposit to be accompanied by court
order or bond—Exceptions.
Payment to slayers: RCW 11.84.110.
Receiving deposits after insolvency prohibited: State Constitution Art. 12
§ 12.
30.20.005 Deposits by individuals governed by
chapter 30.22 RCW. Deposits made by individuals in a
national bank, state bank, trust company, or other banking
institution subject to the supervision of the director are
governed by chapter 30.22 RCW. [1994 c 92 § 74; 1981 c
192 § 23.]
Effective date—1981 c 192: See RCW 30.22.900.
30.12.230 Immunity of shareholders of bank
insured by the federal deposit insurance corporation.
The shareholders of a banking corporation organized under
the laws of this state and the deposits of which are insured
by the federal deposit insurance corporation shall not be
(2002 Ed.)
30.20.025 Receipt for deposits—Contents. Each
person making a deposit in a bank or trust company shall be
given a receipt that shall show or in conjunction with the
deposit slip can be used to trace the name of the bank or
[Title 30 RCW—page 29]
30.20.025
Title 30 RCW: Banks and Trust Companies
trust company, the name of the account, the account number,
the date, and the amount deposited. If specifically requested
by the depositor when making the deposit, the receipt must
expressly show the name of the bank or trust company, the
date, the amount deposited, plus either the name of the
account or the account number or both the name of the
account and the account number. [1985 c 305 § 2. Formerly RCW 30.04.085.]
30.20.060 Deposits and accounts—Regulations—
Passbooks or records—Deposit contract. A bank or trust
company shall repay all deposits to the depositor or his or
her lawful representative when required at such time or times
and with such interest as the regulations of the corporation
shall prescribe. These regulations shall be prescribed by the
directors of the bank or trust company and may contain
provisions with respect to the terms and conditions upon
which any account or deposit will be maintained by the bank
or trust company. These regulations and any amendments
shall be available to depositors on request, and shall be
posted in a conspicuous place in the principal office and
each branch in this state or, if the regulations and any
amendments are not so posted, a description of changes in
the regulations after an account is opened shall be mailed to
depositors pursuant to 12 U.S.C. Sec. 4305(c) or otherwise.
All these rules and regulations and all amendments shall be
binding upon all depositors. At the option of the bank, a
passbook shall be issued to each savings account depositor,
or a record maintained in lieu of a passbook. A deposit
contract may be adopted by the bank or trust company in
lieu of or in addition to account rules and regulations and
shall be enforceable and amendable in the same manner as
account rules and regulations or as provided in the deposit
contract. A copy of the contract shall be provided to the
depositor. [1996 c 2 § 8; 1986 c 279 § 38; 1961 c 280 § 3;
1959 c 106 § 5; 1955 c 33 § 30.20.060. Prior: 1945 c 69
§ 1; 1935 c 93 § 1; 1917 c 80 § 38; Rem. Supp. 1945 §
3244a.]
Severability—1996 c 2: See RCW 30.38.900.
30.20.090 Adverse claim to a deposit to be accompanied by court order or bond—Exceptions. Notice to
any national bank, state bank, trust company, mutual savings
bank or bank under the supervision of the director, doing
business in this state of an adverse claim to a deposit
standing on its books to the credit of any person may be
disregarded without liability by said bank or trust company
unless said adverse claimant shall also either procure a
restraining order, injunction or other appropriate process
against said bank or trust company from a court of competent jurisdiction in a cause therein instituted by him or her
wherein the person to whose credit the deposit stands is
made a party and served with summons or shall execute to
said bank or trust company, in form and with sureties
acceptable to it, a bond, in an amount which is double either
the amount of said deposit or said adverse claim, whichever
is the lesser, indemnifying said bank or trust company from
any and all liability, loss, damage, costs and expenses, for
and on account of the payment of such adverse claim or the
dishonor of the check or other order of the person to whose
credit the deposit stands on the books of said bank or trust
[Title 30 RCW—page 30]
company: PROVIDED, That where the person to whose
credit the deposit stands is a fiduciary for such adverse
claimant, and the facts constituting such relationship, and
also the facts showing reasonable cause of belief on the part
of said claimant that the said fiduciary is about to misappropriate said deposit, are made to appear by the affidavit of
such claimant, the bank or trust company shall without
liability refuse to deliver such property for a period of not
more than five business days from the date that the bank
received the adverse claimant’s affidavit, without liability for
the sufficiency or truth of the facts alleged in the affidavit,
after which time the claim shall be treated as any other claim
under this section.
This section shall not apply to accounts subject to
chapter 30.22 RCW. [1994 c 92 § 75; 1981 c 192 § 25;
1979 c 143 § 1; 1961 c 280 § 4.]
Effective date—1981 c 192: See RCW 30.22.900.
Chapter 30.22
FINANCIAL INSTITUTION INDIVIDUAL
ACCOUNT DEPOSIT ACT
Sections
30.22.010
30.22.020
30.22.030
30.22.040
30.22.041
30.22.050
30.22.060
30.22.070
30.22.080
30.22.090
30.22.100
30.22.110
30.22.120
30.22.130
30.22.140
30.22.150
30.22.160
30.22.170
30.22.180
30.22.190
30.22.200
30.22.210
30.22.220
30.22.230
30.22.240
30.22.245
30.22.250
30.22.900
30.22.901
Short title.
Purposes.
Construction.
Definitions.
Definitions.
Types of accounts which financial institution may establish.
Requirements of contract of deposit.
Accounts of minors and incompetents.
Accounts of married persons.
Ownership of funds during lifetime of depositor.
Ownership of funds after death of a depositor.
Controversies between owners.
Right to rely on form of account—Discharge of financial
institutions.
Rights as between individuals preserved.
Payment of funds to a depositor.
Payment to minors and incompetents.
Payment to trust and P.O.D. account beneficiaries.
Payment to agents of depositors.
Payment to personal representatives.
Payment to heirs and creditors of a deceased depositor.
Payment to foreign personal representative—Release of
financial institution.
Authority to withhold payment.
Adverse claim bond.
Authority to charge a customer for furnishing items or copies of items.
Records—Disclosure—Requests by law enforcement—Fees.
Records—Admission as evidence—Certificate.
No duty to request information.
Effective date—1981 c 192.
Severability—1995 c 186.
30.22.010 Short title. This chapter shall be known
and may be cited as the financial institution individual
account deposit act. [1981 c 192 § 1.]
30.22.020 Purposes. The purposes of this chapter are:
(1) To provide a consistent law applicable to all
financial institutions authorized to accept deposits from
individuals with respect to payments by the institutions to
individuals claiming rights to the deposited funds; and
(2002 Ed.)
Financial Institution Individual Account Deposit Act
(2) To qualify and simplify the law concerning the
respective ownership interests of individuals to funds held on
deposit by financial institutions, both as to the relationship
between the individual depositors and beneficiaries of an
account, and to the financial institution-depositor-beneficiary
relationships; and
(3) To simplify and make consistent the law pertaining
to payments by financial institutions of deposited funds both
before and after the death of a depositor or depositors,
including provisions for the validity and effect of certain
nontestamentary transfers of deposits upon the death of one
or more depositors. [1981 c 192 § 2.]
30.22.030 Construction. When construing sections
and provisions of this chapter, the sections and provisions
shall:
(1) Be liberally construed and applied to promote the
purposes of the chapter; and
(2) Be considered part of a general act which is intended as unified coverage of the subject matter, and no part of
the chapter shall be deemed impliedly repealed by subsequent legislation if such construction can be reasonably
avoided; and
(3) Not be held invalid because of the invalidity of other
sections or provisions of the chapter as long as the section
or provision in question can be given effect without regard
to the invalid section or provision, and to this end the
sections and provisions of this chapter are declared to be
severable; and
(4) Not be construed by reference to section or subsection headings as used in the chapter since these do not
constitute any part of the law; and
(5) Not be deemed to alter the community or separate
property nature of any funds held on deposit by a financial
institution or any individual’s community or separate
property rights thereto, and a depositor’s community and/or
separate property rights to funds on deposit shall not be
affected by the form of the account; and
(6) Not be construed as authorizing or extending the
authority of any financial institution to accept deposits or to
permit a financial institution to accept deposits from such
persons or entities or upon such terms as would contravene
any other applicable federal or state law. [1981 c 192 § 3.]
30.22.040 Definitions. Unless the context of this
chapter otherwise requires, the terms contained in this
section have the meanings indicated.
(1) "Account" means a contract of deposit between a
depositor or depositors and a financial institution; the term
includes a checking account, savings account, certificate of
deposit, savings certificate, share account, savings bond, and
other like arrangements.
(2) "Actual knowledge" means written notice to a
manager of a branch of a financial institution, or an officer
of the financial institution in the course of his employment
at the branch, pertaining to funds held on deposit in an
account maintained by the branch received within a period
of time which affords the financial institution a reasonable
opportunity to act upon the knowledge.
(3) "Individual" means a human being; "person"
includes an individual, corporation, partnership, limited
(2002 Ed.)
30.22.020
partnership, joint venture, trust, or other entity recognized by
law to have separate legal powers.
(4) "Agent" means a person designated by a depositor
or depositors in a contract of deposit or other document to
have the authority to deposit and to make payments from an
account in the name of the depositor or depositors.
(5) "Agency account" means an account to which funds
may be deposited and from which payments may be made
by an agent designated by a depositor. In the event there is
more than one depositor named on an account, each depositor may designate the same or a different agent for the
purpose of depositing to or making payments of funds from
a depositor’s account.
(6) "Single account" means an account in the name of
one depositor only.
(7) "Joint account without right of survivorship" means
an account in the name of two or more depositors and which
contains no provision that the funds of a deceased depositor
become the property of the surviving depositor or depositors.
(8) "Joint account with right of survivorship" means an
account in the name of two or more depositors and which
provides that the funds of a deceased depositor become the
property of one or more of the surviving depositors.
(9) "Trust and P.O.D. accounts" means accounts payable
on request to a depositor during the depositor’s lifetime, and
upon the depositor’s death to one or more designated
beneficiaries, or which are payable to two or more depositors
during their lifetimes, and upon the death of all depositors to
one or more designated beneficiaries. The term "trust
account" does not include deposits by trustees or other
fiduciaries where the trust or fiduciary relationship is
established other than by a contract of deposit with a
financial institution.
(10) "Trust or P.O.D. account beneficiary" means a
person or persons, other than a codepositor, who has or have
been designated by a depositor or depositors to receive the
depositor’s funds remaining in an account upon the death of
a depositor or all depositors.
(11) "Depositor", when utilized in determining the rights
of individuals to funds in an account, means an individual
who owns the funds. When utilized in determining the
rights of a financial institution to make or withhold payment,
and/or to take any other action with regard to funds held
under a contract of deposit, "depositor" means the individual
or individuals who have the current right to payment of
funds held under the contract of deposit without regard to
the actual rights of ownership thereof by these individuals.
A trust or P.O.D. account beneficiary becomes a depositor
only when the account becomes payable to the beneficiary
by reason of having survived the depositor or depositors
named on the account, depending upon the provisions of the
contract of deposit.
(12) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or
credit union authorized to do business and accept deposits in
this state under state or federal law.
(13) "Depositor’s funds" or "funds of a depositor"
means the amount of all deposits belonging to or made for
the benefit of a depositor, less all withdrawals of the funds
by the depositor or by others for the depositor’s benefit, plus
the depositor’s prorated share of any interest or dividends
included in the current balance of the account and any
[Title 30 RCW—page 31]
30.22.040
Title 30 RCW: Banks and Trust Companies
proceeds of deposit life insurance added to the account by
reason of the death of a depositor.
(14) "Payment(s)" of sums on deposit includes withdrawal, payment by check or other directive of a depositor
or his agent, any pledge of sums on deposit by a depositor
or his agent, any set-off or reduction or other disposition of
all or part of an account balance, and any payments to any
person under RCW 30.22.120, 30.22.140, 30.22.150,
30.22.160, 30.22.170, 30.22.180, 30.22.190, 30.22.200, and
30.22.220.
(15) "Proof of death" means a certified or authenticated
copy of a death certificate, or photostatic copy thereof,
purporting to be issued by an official or agency of the
jurisdiction where the death purportedly occurred, or a certified or authenticated copy of a record or report of a governmental agency, domestic or foreign, that a person is dead.
In either case, the proofs constitute prima facie proof of the
fact, place, date, and time of death, and identity of the
decedent and the status of the dates, circumstances, and
places disclosed by the record or report.
(16) "Request" means a request for withdrawal, or a
check or order for payment, which complies with all
conditions of the account, including special requirements
concerning necessary signatures and regulations of the
financial institution; but if the financial institution conditions
withdrawal or payment on advance notice, for purposes of
this chapter the request for withdrawal or payment is treated
as immediately effective and a notice of intent to withdraw
is treated as a request for withdrawal.
(17) "Withdrawal" means payment to a person pursuant
to check or other directive of a depositor. [1981 c 192 § 4.]
Powers of attorney or agent in probate and trust banking transactions:
RCW 11.94.030.
30.22.041 Definitions. The definitions in this section
apply throughout this section and RCW 30.22.240 and
30.22.245.
(1) "Customer" means any person, partnership, limited
partnership, corporation, trust, or other legal entity that is
transacting or has transacted business with a financial
institution, that is using or has used the services of an
institution, or for which a financial institution has acted or is
acting as a fiduciary.
(2) "Financial institution" means state and national
banks and trust companies, state and federal savings banks,
state and federal savings and loan associations, and state and
federal credit unions.
(3) "Law enforcement officer" means an employee of a
public law enforcement agency organized under the authority
of a county, city, or town and designated to obtain deposit
account information by the chief law enforcement officer of
that agency. [1995 c 186 § 1.]
30.22.050 Types of accounts which financial institution may establish. The types of accounts in which funds
may be deposited with a financial institution include, but are
not limited to, the following:
(1) A single account;
(2) A joint account without right of survivorship;
(3) A joint account with right of survivorship;
(4) An agency account;
[Title 30 RCW—page 32]
(5) A trust or P.O.D. account; and
(6) Any compatible combination of the foregoing.
In each case, the type of account shall be determined by
the terms of the contract of deposit between the depositor
and the financial institution. The financial institution shall
describe to a potential depositor the various types of accounts available. [1981 c 192 § 5.]
30.22.060 Requirements of contract of deposit. The
contract of deposit shall be in writing and signed by all
individuals who have a current right to payment of funds
from an account. The designation of an agent, or trust or
P.O.D. account beneficiary by a depositor of a joint account
without right of survivorship, or the designation of an agent
by a depositor of a joint account with right of survivorship
or by a depositor of a trust or P.O.D. account does not
require the signature of a codepositor. A financial institution
may insert such additional terms and conditions in a contract
of deposit as it deems appropriate. [1981 c 192 § 6.]
30.22.070 Accounts of minors and incompetents. A
minor or incompetent may enter into a valid and enforceable
contract of deposit with the financial institution and any
account in the name of a minor or incompetent shall, in the
absence of clear and convincing evidence of a different
intention at the time it is created, be held for the exclusive
right and benefit of the minor or incompetent free from the
control of all other persons. [1981 c 192 § 7.]
30.22.080 Accounts of married persons. A financial
institution may enter into a contract of deposit without
regard to whether the depositor is married and without
regard as to whether the funds on deposit are the community
or separate property of the depositor. [1981 c 192 § 8.]
30.22.090 Ownership of funds during lifetime of
depositor. Subject to community property rights, during the
lifetime of a depositor, or the joint lifetimes of depositors:
(1) Funds on deposit in a single account belong to the
depositor.
(2) Funds on deposit in a joint account without right of
survivorship and in a joint account with right of survivorship
belong to the depositors in proportion to the net funds owned
by each depositor on deposit in the account, unless the
contract of deposit provides otherwise or there is clear and
convincing evidence of a contrary intent at the time the
account was created.
(3) Funds on deposit in a trust or P.O.D. account belong
to the depositor and not to the trust or P.O.D. account
beneficiary or beneficiaries; if two or more depositors are
named on the trust or P.O.D. account, their rights of ownership to the funds on deposit in the account are governed by
subsection (2) of this section.
(4) Ownership of funds on deposit in an agency account
shall be determined in accordance with subsections (1), (2),
and (3) of this section depending upon whether the principal
is a depositor on a single account, joint account, joint
account with right of survivorship, or trust or P.O.D. account. [1981 c 192 § 9.]
(2002 Ed.)
Financial Institution Individual Account Deposit Act
30.22.100 Ownership of funds after death of a
depositor. Subject to community property rights and subject
to the terms and provisions of any community property
agreement, upon the death of a depositor:
(1) Funds which remain on deposit in a single account
belong to the depositor’s estate.
(2) Funds belonging to a deceased depositor which
remain on deposit in a joint account without right of survivorship belong to the depositor’s estate, unless the depositor
has also designated a trust or P.O.D. account beneficiary of
the depositor’s interest in the account.
(3) Funds belonging to a deceased depositor which
remain on deposit in a joint account with right of survivorship belong to the surviving depositors unless there is clear
and convincing evidence of a contrary intent at the time the
account was created. If there is more than one individual
having right of survivorship, the funds belong equally to the
surviving depositors unless the contract of deposit otherwise
provides. If there is more than one surviving depositor, the
rights of survivorship shall continue between the surviving
depositors.
(4) Funds remaining on deposit in a trust or P.O.D.
account belong to the trust or P.O.D. account beneficiary
designated by the deceased depositor unless the account has
also been designated as a joint account with right of survivorship, in which event the funds remaining on deposit in
the account do not belong to the trust or P.O.D. account
beneficiary until the death of the last surviving depositor and
the rights of the surviving depositors shall be determined by
subsection (3) of this section. If the deceased depositor has
designated more than one trust or P.O.D. account beneficiary, and more than one of the beneficiaries survive the
depositor, the funds belong equally to the surviving beneficiaries unless the depositor has specifically designated a
different method of distribution in the contract of deposit; if
two or more beneficiaries survive, there is no right of
survivorship as between them unless the terms of the account
or deposit agreement expressly provide for rights of survivorship between the beneficiaries.
(5) Upon the death of a depositor of an agency account,
the agency shall terminate and any funds remaining on
deposit belonging to the deceased depositor shall become the
property of the depositor’s estate or such other persons who
may be entitled thereto, depending upon whether the account
was a single account, joint account, joint account with right
of survivorship, or a trust or P.O.D. account.
Any transfers to surviving depositors or to trust or
P.O.D. account beneficiaries pursuant to the terms of this
section are declared to be effective by reason of the provisions of the account contracts involved and this chapter and
are not to be considered as testamentary dispositions. The
rights of survivorship and of trust and P.O.D. account
beneficiaries arise from the express terms of the contract of
deposit and cannot, under any circumstances, be changed by
the will of a depositor. [1981 c 192 § 10.]
30.22.110 Controversies between owners. RCW
30.22.090 and 30.22.100 are intended to establish ownership
of funds on deposit in the accounts stated, as between
depositors and/or trust or P.O.D. account beneficiaries, and
the provisions thereof are relevant only as to controversies
(2002 Ed.)
30.22.100
between such persons and their creditors, and other successors, and have no bearing on the power of any person to
receive payment of funds maintained in the accounts or the
right of a financial institution to make payments to any
person as provided by the terms of the contract of deposit.
[1981 c 192 § 11.]
30.22.120 Right to rely on form of account—
Discharge of financial institutions. In making payments of
funds deposited in an account, a financial institution may
rely conclusively and entirely upon the form of the account
and the terms of the contract of deposit at the time the
payments are made. A financial institution is not required
to inquire as to either the source or the ownership of any
funds received for deposit to an account, or to the proposed
application of any payments made from an account. Unless
a financial institution has actual knowledge of the existence
of dispute between depositors, beneficiaries, or other persons
claiming an interest in funds deposited in an account, all
payments made by a financial institution from an account at
the request of any depositor to the account and/or the agent
of any depositor to the account in accordance with this
section and RCW 30.22.140, 30.22.150, 30.22.160,
30.22.170, 30.22.180, 30.22.190, 30.22.200, and 30.22.220
shall constitute a complete release and discharge of the
financial institution from all claims for the amounts so paid
regardless of whether or not the payment is consistent with
the actual ownership of the funds deposited in an account by
a depositor and/or the actual ownership of the funds as
between depositors and/or the beneficiaries of P.O.D. and
trust accounts, and/or their heirs, successors, personal
representatives, and assigns. [1981 c 192 § 12.]
30.22.130 Rights as between individuals preserved.
The protection accorded to financial institutions under RCW
30.22.120, 30.22.140, 30.22.150, 30.22.160, 30.22.170,
30.22.180, 30.22.190, 30.22.200, 30.22.210, and 30.22.220
shall have no bearing on the actual rights of ownership to
deposited funds by a depositor, and/or between depositors,
and/or by and between beneficiaries of trust and P.O.D.
accounts, and their heirs, successors, personal representatives, and assigns. [1981 c 192 § 13.]
30.22.140 Payment of funds to a depositor. Payments of funds on deposit in a single account may be made
by a financial institution to or for the depositor regardless of
whether the depositor is, in fact, the actual owner of the
funds. Payments of funds on deposit in an account having
two or more depositors may be made by a financial institution to or for any one or more of the depositors named on
the account without regard to the actual ownership of the
funds by or between the depositors, and without regard to
whether any other depositor or depositors so named are
deceased or incompetent at the time the payments are made.
[1981 c 192 § 14.]
30.22.150 Payment to minors and incompetents.
Financial institutions may make payments of funds on
deposit in an account established by a depositor who is a
minor or incompetent without regard to whether it has actual
knowledge of the minority or incompetency of the depositor
[Title 30 RCW—page 33]
30.22.150
Title 30 RCW: Banks and Trust Companies
unless the branch of the financial institution at which the
account is maintained has received written notice to withhold
payment to the minor or incompetent by the guardian of his
estate and had a reasonable opportunity to act upon the
notice. [1981 c 192 § 15.]
(4) When consent to the payment has been given in
writing by all depositors and beneficiaries of the account; or
(5) When so ordered or directed by a superior court of
the state or other court having jurisdiction over the matter.
[1981 c 192 § 18.]
30.22.160 Payment to trust and P.O.D. account
beneficiaries. Financial institutions may pay any funds
remaining on deposit in an account to a trust or P.O.D. account beneficiary or beneficiaries when the financial institution has received proofs of death of all depositors to the
account who pursuant to the terms of the contract of deposit
were required to predecease the beneficiary. If there is more
than one trust or P.O.D. account beneficiary, financial institutions shall not, unless the contract of deposit otherwise
provides, pay to any one such beneficiary more than that
amount which is obtained by dividing the total of the funds
on deposit in the account by the number of trust or P.O.D.
account beneficiaries. [1981 c 192 § 16.]
30.22.190 Payment to heirs and creditors of a
deceased depositor. In each case, where it is provided in
RCW 30.22.180 that a financial institution may make
payment of funds deposited in an account to the personal
representative of the estate of a deceased depositor or
beneficiary, the financial institution may make payment of
the funds to the following persons under the circumstances
provided:
(1) In those instances where the deceased depositor left
a surviving spouse, and the deceased depositor and the
surviving spouse shall have executed a community property
agreement which by its terms would include funds of the
deceased depositor remaining in the account, a financial
institution may make payment of all funds in the name of
the deceased spouse to the surviving spouse upon receipt of
a certified copy of the community property agreement as
recorded in the office of a county auditor of the state and an
affidavit of the surviving spouse that the community property
agreement was validly executed and in full force and effect
upon the death of the depositor.
(2) In those instances where the balance of the funds in
the name of a deceased depositor does not exceed two
thousand five hundred dollars, payment of the decedent’s
funds remaining in the account may be made to the surviving spouse, next of kin, funeral director, or other creditor
who may appear to be entitled thereto upon receipt of proof
of death and an affidavit to the effect that no personal
representative has been appointed for the deceased
depositor’s estate. As a condition to the payment, a financial
institution may require such waivers, indemnity, receipts, and
acquittance and additional proofs as it may consider proper.
(3) In those instances where the person entitled presents
an affidavit which meets the requirements of chapter 11.62
RCW.
A person receiving a payment from a financial institution pursuant to subsections (2) and (3) of this section is
answerable and accountable therefor to any personal representative of the deceased depositor’s estate wherever and
whenever appointed. [1989 c 220 § 3; 1981 c 192 § 19.]
30.22.170 Payment to agents of depositors. Any
funds on deposit in an account may be paid by a financial
institution to or upon the order of any agent of any depositor. The contract of deposit or other document creating
such agency may provide, in accordance with chapter 11.94
RCW, that any such agent’s powers to receive payments and
make withdrawals from an account continues in spite of, or
arises by virtue of, the incompetency of a depositor, in
which event the agent’s powers to make payments and
withdrawals from an account on behalf of a depositor is not
affected by the incompetency of a depositor. Except as
provided in this section, the authority of an agent to receive
payments or make withdrawals from an account terminates
with the death or incompetency of the agent’s principal:
PROVIDED, That a financial institution is not liable for any
payment or withdrawal made to or by an agent for a deceased or incompetent depositor unless the financial institution making the payment or permitting the withdrawal had
actual knowledge of the incompetency or death at the time
payment was made. [1981 c 192 § 17.]
30.22.180 Payment to personal representatives.
Financial institutions may pay any funds remaining on
deposit in an account which belongs to a deceased depositor
to the personal representative of the depositor’s estate under
any of the following circumstances:
(1) When the decedent was the depositor on a single
account; or
(2) When the decedent was a depositor on a joint
account without right of survivorship or the only surviving
depositor on a joint account with right of survivorship, and
has not designated a trust or P.O.D. account beneficiary of
the decedent’s interest, and the financial institution has
received the proofs of death necessary to establish the deaths
of the other depositors named on the account; or
(3) When the decedent was a beneficiary of a P.O.D. or
trust account and the financial institution has received proofs
of death of the beneficiary and all depositors to the account
who, pursuant to the terms of the contract of deposit, were
required to predecease the beneficiary; or
[Title 30 RCW—page 34]
30.22.200 Payment to foreign personal representative—Release of financial institution. In each case where
it is provided in this chapter that payment may be made to
the personal representative of the estate of a deceased
depositor or trust or P.O.D. account beneficiary, financial
institutions may make payment of the funds on deposit in a
deceased depositor’s or beneficiary’s account to the personal
representative of the decedent’s estate appointed under the
laws of any other state or territory or country after:
(1) At least sixty days have elapsed since the date of the
deceased depositor’s death; and
(2) Upon receipt of the following:
(a) Proof of death of the deceased depositor or beneficiary;
(2002 Ed.)
Financial Institution Individual Account Deposit Act
(b) Proof of the appointment and continuing authority of
the personal representative requesting payment;
(c) The personal representative’s, or its agent’s, affidavit
to the effect that to the best of his or her knowledge no
personal representative has been or will be appointed under
the laws of this state; and
(d) Receipt of either an estate tax release from the
department of revenue or the personal representative’s, or its
agent’s, affidavit that the estate is not subject to Washington
estate tax. However, if a personal representative of the
deceased depositor’s or beneficiary’s estate is appointed and
qualified as such under the laws of this state, and delivers
proof of the appointment and qualification to the office or
branch of the financial institution in which the deposit is
maintained prior to the transmissions of the sums on deposit
to the foreign personal representative, then the funds shall be
paid to the personal representative of the deceased
depositor’s or beneficiary’s estate who has been appointed
and qualified in this state.
(3) The financial institution paying, delivering, transferring, or issuing funds on deposit in a deceased depositor’s or
beneficiary’s account in accordance with the provisions of
this section is discharged and released to the same extent as
if such person has dealt with a personal representative of the
decedent, unless at the time of such payment, delivery,
transfer, or issuance such institution had actual knowledge of
the falsity of any statement or affidavit required to be
provided under this section. Such institution is not required
to see to the application of funds, or to inquire into the truth
of any matter specified in any statement or affidavit required
to be provided under this section. [1988 c 29 § 9; 1981 c
192 § 20.]
30.22.210 Authority to withhold payment. Nothing
contained in this chapter shall be deemed to require any
financial institution to make any payment from an account
to a depositor, or any trust or P.O.D. account beneficiary, or
any other person claiming an interest in any funds deposited
in the account, if the financial institution has actual knowledge of the existence of a dispute between the depositors,
beneficiaries, or other persons concerning their respective
rights of ownerships to the funds contained in, or proposed
to be withdrawn, or previously withdrawn from the account,
or in the event the financial institution is otherwise uncertain
as to who is entitled to the funds pursuant to the contract of
deposit. In any such case, the financial institution may,
without liability, notify, in writing, all depositors, beneficiaries, or other persons claiming an interest in the account of
either its uncertainty as to who is entitled to the distributions
or the existence of any dispute, and may also, without
liability, refuse to disburse any funds contained in the
account to any depositor, and/or trust or P.O.D. account
beneficiary thereof, and/or other persons claiming an interest
therein, until such time as either:
(1) All such depositors and/or beneficiaries have
consented, in writing, to the requested payment; or
(2) The payment is authorized or directed by a court of
proper jurisdiction. [1981 c 192 § 21.]
30.22.220 Adverse claim bond. Notwithstanding
RCW 30.22.210, a financial institution may, without liability,
(2002 Ed.)
30.22.200
pay or permit withdrawal of any funds on deposit in an
account to a depositor and/or agent of a depositor and/or
trust or P.O.D. account beneficiary, and/or other person
claiming an interest therein, even when the financial institution has actual knowledge of the existence of the dispute, if
the adverse claimant shall execute to the financial institution,
in form and with security acceptable to it, a bond in an
amount which is double either the amount of the deposit or
the adverse claim, whichever is the lesser, indemnifying the
financial institution from any and all liability, loss, damage,
costs, and expenses, for and on account of the payment of
the adverse claim or the dishonor of the check or other order
of the person in whose name the deposit stands on the books
of the financial institution: PROVIDED, That where the
person in whose name the deposit stands is a fiduciary for
the adverse claimant, and the facts constituting such relationship, and also the facts showing reasonable cause of
belief on the part of the claimant that the fiduciary is about
to misappropriate the deposit, are made to appear by the
affidavit of the claimant, the financial institution shall,
without liability, refuse to deliver the property for a period
of not more than five business days from the date that the
financial institution receives the adverse claimant’s affidavit,
without liability for the sufficiency or truth of the facts
alleged in the affidavit, after which time the claim shall be
treated as any other claim under this section. [1981 c 192
§ 22.]
30.22.230 Authority to charge a customer for
furnishing items or copies of items. A financial institution
may charge a customer for furnishing items or copies of
items as defined in RCW 62A.4-104, in excess of the
number of free items or copies of items provided for in
RCW 62A.4-406(b), fifty cents per copy furnished plus fees
for retrieval at a rate not to exceed the rate assessed when
complying with summons issued by the Internal Revenue
Service. [1993 c 229 § 118.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See
RCW 62A.11-111 and 62A.11-112.
30.22.240 Records—Disclosure—Requests by law
enforcement—Fees. (1) If a financial institution discloses
information in good faith concerning its customer or customers in accordance with this section, it shall not be liable to
its customers or others for such disclosure or its consequences. Good faith will be presumed if the financial
institution follows the procedures set forth in this section.
(2) A request for financial records made by a law
enforcement officer shall be submitted to the financial
institution in writing stating that the officer is conducting a
criminal investigation of actual or attempted withdrawals
from an account at the institution and that the officer
reasonably believes a statutory notice of dishonor has been
given pursuant to RCW 62A.3-515, fifteen days have
elapsed, and the item remains unpaid. The request shall
include the name and number of the account and be accompanied by a copy of:
(a) The front and back of at least one unpaid check or
draft drawn on the account that has been presented for
payment no fewer than two times or has been drawn on a
closed account; and
[Title 30 RCW—page 35]
30.22.240
Title 30 RCW: Banks and Trust Companies
(b) A statement of the dates or time period relevant to
the investigation.
(3) To the extent permitted by federal law, under
subsection (2) of this section a financial institution shall
within a reasonable time disclose to a requesting law
enforcement officer so much of the following information as
has been requested concerning the account upon which the
dishonored check or draft was drawn, to the extent the
records can be located:
(a) The date the account was opened; the details and
amount of the opening deposit to the account; and if closed,
the reason the account was closed, the date the account was
closed, and balance at date of closing;
(b) A copy of the statements of the account for the
relevant period including dates under investigation and the
preceding and following thirty days and the closing statement, if the account was closed;
(c) A copy of the front and back of the signature card;
and
(d) If the account was closed by the financial institution,
the name of the person notified of its closing and a copy of
the notice of the account’s closing and whether such notice
was returned undelivered.
(4) Financial institutions may charge requesting parties
a reasonable fee for the actual costs of providing services
under this chapter. These fees may not exceed rates charged
to federal agencies for similar requests. In the event an
investigation results in conviction, the court may order the
defendant to pay costs incurred by law enforcement under
chapter 186, Laws of 1995. [1995 c 186 § 2.]
request the information set forth in RCW 9.38.015(1). [1995
c 186 § 5.]
30.22.245 Records—Admission as evidence—
Certificate. Records obtained pursuant to this chapter shall
be admitted as evidence in all courts of this state, under
Washington rule of evidence 902, when accompanied by a
certificate substantially in the following form:
Chapter 30.32
DEALINGS WITH FEDERAL LOAN AGENCIES
CERTIFICATE
1. The accompanying documents are true and correct copies of the records of [name of financial
institution]. The records were made in the regular
course of business of the financial institution at or
near the time of the acts, events, or conditions
which they reflect.
2. They are produced in response to a request made
under RCW 30.22.240.
3. The undersigned is authorized to execute this
certificate. I CERTIFY, under penalty of perjury
under the laws of the State of Washington, that the
foregoing statements are true and correct.
Date
Place of Signing
Signature
Type or Print Name/
Title/Telephone No.
30.22.900 Effective date—1981 c 192. This act shall
take effect on July 1, 1982. [1981 c 192 § 34.]
30.22.901 Severability—1995 c 186. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 186 § 7.]
Chapter 30.24
INVESTMENT OF TRUST FUNDS
Sections
30.24.080 Securities in default ineligible.
Fiduciary bonds, premium as lawful expense: RCW 48.28.020.
Investment of trust funds generally: Chapter 11.100 RCW.
Release of powers of appointment: Chapter 11.95 RCW.
30.24.080 Securities in default ineligible. Nothing in
this chapter shall be construed as authorizing any fiduciary
to invest funds held in trust, in any bonds, mortgages, notes
or other securities, during any default in payment of either
principal or interest thereof. [1955 c 33 § 30.24.080. Prior:
1947 c 100 § 8; 1941 c 41 § 16; Rem. Supp. 1947 § 325516.]
Sections
30.32.010
30.32.020
30.32.030
30.32.040
Membership in federal reserve system—Investment in stock
of Federal Deposit Insurance Corporation.
Investment in federal home loan bank stock or bonds.
May borrow from home loan bank.
Federal home loan bank as depositary.
30.32.010 Membership in federal reserve system—
Investment in stock of Federal Deposit Insurance Corporation. Any bank, trust company or mutual savings bank
may become a member of the federal reserve system of the
United States and to that end may comply with all laws of
the United States and all rules, regulations and requirements
promulgated pursuant thereto, including the investment of its
funds in the stock of a federal reserve bank; and any bank,
trust company or mutual savings bank, whether a member of
the federal reserve system or not, may invest its funds in the
stock of the Federal Deposit Insurance Corporation created
by the act of congress approved June 16, 1933, and may
participate in the insurance of bank deposits and obligate
itself for the cost of such participation by assessments or
otherwise in accordance with the laws of the United States.
[1955 c 33 § 30.32.010. Prior: 1933 ex.s. c 9 § 1; RRS §
3235-1.]
[1995 c 186 § 3.]
30.22.250 No duty to request information. RCW
9.38.015 does not create a duty for financial institutions to
[Title 30 RCW—page 36]
30.32.020 Investment in federal home loan bank
stock or bonds. Any savings and loan association, building
and loan association, bank, trust company, savings bank, or
(2002 Ed.)
Dealings With Federal Loan Agencies
mutual savings bank may become a member of and invest its
funds in the bonds and/or the capital stock of a federal home
loan bank, and vote such stock in the manner prescribed by
its board of directors. [1955 c 33 § 30.32.020. Prior: 1933
c 105 § 1; RRS § 3294-1.]
30.32.030 May borrow from home loan bank. Any
such bank, trust company, insurance company, or association, may borrow from any home loan bank and as security
for borrowing may pledge therewith the notes, mortgages,
trust deeds which it holds as shall be required by federal
law, and under such rules and regulations as shall be adopted
by a federal home loan bank. [1955 c 33 § 30.32.030.
Prior: 1933 c 105 § 2; RRS § 3294-2.]
30.32.040 Federal home loan bank as depositary.
Any such bank, trust company, insurance company or
association, may designate a federal home loan bank as a
depositary for its funds. [1955 c 33 § 30.32.040. Prior:
1933 c 105 § 3; RRS § 3294-3.]
the impairment as found by the director. [1994 c 92 § 77;
1955 c 33 § 30.36.030. Prior: 1935 c 42 § 3; RRS § 32953.]
30.36.040 Impairment to be corrected before
retirement of notes or debentures. Before such capital
notes or debentures are retired or paid by the bank, trust
company or mutual savings bank, any existing impairment
of its capital stock must be overcome or corrected to the
satisfaction of the director. [1994 c 92 § 78; 1955 c 33 §
30.36.040. Prior: 1935 c 42 § 4; RRS § 3295-4.]
30.36.050 Not subject to assessments—Liability of
holders. Such capital notes or debentures shall in no case
be subject to any assessment. The holders of such capital
notes or debentures shall not be held individually responsible, as such holders, for any debts, contracts or engagements
of such institution, and as such holders, shall not be held
liable for assessments to restore impairments in the capital
of such institution. [1955 c 33 § 30.36.050. Prior: 1935 c
42 § 5; RRS § 3295-5.]
Chapter 30.36
CAPITAL NOTES OR DEBENTURES
Sections
30.36.010
30.36.020
30.36.030
30.36.040
30.36.050
Definitions.
Issuance and sale—Status—Conversion rights.
Stock at less than par—Impairment.
Impairment to be corrected before retirement of notes or
debentures.
Not subject to assessments—Liability of holders.
30.36.010 Definitions. Capital notes or debentures,
where used in this chapter, shall mean notes or other
obligations issued by a bank, trust company or mutual
savings bank, for money obtained and used as additional
capital or to replace impaired capital stock: PROVIDED,
Such notes or other obligations are subordinate to the rights
of depositors and other creditors.
The term "capital" where used in this chapter shall mean
capital stock and/or capital notes. [1955 c 33 § 30.36.010.
Prior: 1935 c 42 § 1; RRS § 3295-1.]
30.36.020 Issuance and sale—Status—Conversion
rights. With the approval of the director, any bank, trust
company or mutual savings bank may at any time, through
action of its board of directors or trustees, issue and sell its
capital notes or debentures. Such capital notes or debentures
shall be subordinate to the claims of depositors and other
creditors. The holders of capital notes or debentures issued
by a bank or trust company shall have such conversion rights
as may be provided in the articles of incorporation with the
approval of the director. [1994 c 92 § 76; 1979 c 106 § 5;
1955 c 33 § 30.36.020. Prior: 1935 c 42 § 2; RRS 3295-2.]
30.36.030 Stock at less than par—Impairment.
Where any bank, trust company or mutual savings bank has
issued and has outstanding capital notes or debentures, it
may carry its capital stock on its books at a sum less than
par, and it shall not be considered impaired so long as the
amount of such capital notes or debentures equals or exceeds
(2002 Ed.)
30.32.020
Chapter 30.38
INTERSTATE BANKING
Sections
30.38.005
30.38.010
30.38.020
30.38.030
30.38.040
30.38.050
30.38.060
30.38.070
30.38.080
30.38.900
Definitions.
Out-of-state bank may engage in banking in this state—
Conditions—Director’s approval of interstate combination.
Out-of-state bank with host branches—Relocation of head
office—Reincorporation—Application— Director’s
approval required.
Out-of-state bank may maintain and operate branches—
Powers and authorities.
Examinations of any branch of an out-of-state state bank—
Reporting requirements for any branch of an out-of-state
bank—Supervisory agreements—Joint examinations or
enforcement actions—Assessments.
Branch of out-of-state state bank—Violations—Unsafe and
unsound operations—Enforcement actions—Notice to
home state regulator.
Rules.
Out-of-state state bank becomes resulting bank—Branches in
this state—RCW 30.49.125(5) does not apply—When
established and maintained—Notice to director.
Application of Washington laws—Declaration of invalidity.
Severability—1996 c 2.
30.38.005 Definitions. As used in this chapter, unless
a different meaning is required by the context, the following
words and phrases have the following meanings:
(1) "Bank" means any national bank, state bank, and
district bank, as those terms are defined in 12 U.S.C. Sec.
1813(a).
(2) "Bank holding company" has the meaning set forth
in 12 U.S.C. Sec. 1841(a)(1).
(3) "Bank supervisory agency" means:
(a) Any agency of another state with primary responsibility for chartering and supervising banks; and
(b) The office of the comptroller of the currency, the
federal deposit insurance corporation, the board of governors
of the federal reserve system, and any successor to these
agencies.
[Title 30 RCW—page 37]
30.38.005
Title 30 RCW: Banks and Trust Companies
(4) "Control" shall be construed consistently with the
provisions of 12 U.S.C. Sec. 1841(a)(2).
(5) "Home state" means with respect to a:
(a) State bank, the state by which the bank is chartered;
or
(b) National bank, the state in which the main office of
the bank is located under federal law.
(6) "Home state regulator" means, with respect to an
out-of-state state bank, the bank supervisory agency of the
state in which the bank is chartered.
(7) "Host state" means a state, other than the home state
of a bank, in which the bank maintains, or seeks to establish
and maintain a branch.
(8) "Interstate combination" means the:
(a) Merger or consolidation of banks with different
home states, and the conversion of branches of any bank
involved in the merger or consolidation into branches of the
resulting bank; or
(b) Purchase of all or substantially all of the assets, including all or substantially all of the branches, of a bank
whose home state is different from the home state of the
acquiring bank.
(9) "Out-of-state bank" means a bank whose home state
is a state other than Washington.
(10) "Out-of-state state bank" means a bank chartered
under the laws of any state other than Washington.
(11) "Resulting bank" means a bank that has resulted
from an interstate combination under this chapter.
(12) "State" means any state of the United States, the
District of Columbia, any territory of the United States,
Puerto Rico, Guam, American Samoa, the Trust Territory of
the Pacific Islands, the Virgin Islands, and the Northern
Mariana Islands.
(13) "Washington bank" means a bank whose home
state is Washington.
(14) "Washington state bank" means a bank organized
under Washington banking law. [1996 c 2 § 10.]
30.38.010 Out-of-state bank may engage in banking
in this state—Conditions—Director’s approval of interstate combination. (1) An out-of-state bank may engage in
banking in this state without violating RCW 30.04.280 only
if the conditions and filing requirements of this chapter are
met and the bank was lawfully engaged in banking in this
state on June 6, 1996, or resulted from an interstate combination pursuant to RCW 30.49.125 or 32.32.500, or resulted
from a relocation of a head office of a state bank pursuant
to 12 U.S.C. Sec. 30 and RCW 30.04.215(3), or resulted
from a relocation of a main office of a national bank
pursuant to 12 U.S.C. Sec. 30, or from the establishment of
a branch of a savings bank in compliance with RCW
32.04.030(2). Nothing in this section affects the authorities
of alien banks as defined by RCW 30.42.020 to engage in
banking within this state.
(2) The director, consistent with 12 U.S.C. Sec.
1831u(b)(2)(D), may approve an interstate combination if the
standard on which the approval is based does not discriminate against out-of-state banks, out-of-state bank holding
companies, or subsidiaries of those banks or holding companies. [1996 c 2 § 11.]
[Title 30 RCW—page 38]
30.38.020 Out-of-state bank with host branches—
Relocation of head office—Reincorporation—
Application— Director’s approval required. An out-ofstate bank with host branches in this state may relocate its
head office in Washington and reincorporate as a Washington state bank if the director finds that the bank meets the
standards as to capital structures, operations, business
experience, and character of officers and directors, and the
bank follows the procedures specified in this section.
The bank shall file with the director on a form prescribed by the director, an application to relocate its head
office to Washington. Within six months upon acceptance
of a complete application, the director shall notify the bank
to file, in triplicate, an executed and acknowledged certificate of reincorporation signed by a majority of the entire
board of directors that at least two-thirds of each class of
voting stock of the bank entitled to vote thereon has approved the: (1) Head office relocation; (2) change to a
Washington state bank; and (3) new articles of incorporation.
Within thirty days after receipt of the certificate and
articles, the director shall endorse upon each of the triplicate
copies, over the director’s official signature, the word
"approved" or the word "refused," with the date of the
endorsement. In case of refusal the director shall immediately return one of the triplicates, so endorsed, together with a
statement explaining the reason for refusal to the bank from
whom the certificate and articles were received. The refusal
shall be conclusive, unless the bank, within ten days of the
issuance of the notice of refusal, requests a hearing under
chapter 34.05 RCW. [1996 c 2 § 12.]
30.38.030 Out-of-state bank may maintain and
operate branches—Powers and authorities. (1) If authorized to engage in banking in this state under RCW
30.38.010, an out-of-state bank may maintain and operate the
branches in Washington of a Washington bank with which
the out-of-state bank or its predecessors engaged in an
interstate combination.
(2) The out-of-state bank may establish or acquire and
operate additional branches in Washington to the same extent
that any Washington bank may establish or acquire and
operate a branch in Washington under applicable federal and
state law.
(3) The out-of-state state bank may, at such branches,
unless otherwise limited by the bank’s home state law,
exercise any powers and authorities that are authorized under
the laws of this state for Washington state banks.
(4) The out-of-state state bank may, at these branches,
exercise additional powers and authorities that are authorized
under the laws of its home state, only if the director determines in writing that the exercise of the additional powers
and authorities in this state will not threaten the safety and
soundness of banks in this state and serves the convenience
and needs of Washington consumers. Washington state
banks also may exercise the powers and authorities under
RCW 30.08.140(16) or 32.08.140(15). [1996 c 2 § 13.]
30.38.040 Examinations of any branch of an out-ofstate state bank—Reporting requirements for any branch
of an out-of-state bank—Supervisory agreements—Joint
examinations or enforcement actions—Assessments. (1)
(2002 Ed.)
Interstate Banking
The director may make examinations of any branch in this
state of an out-of-state state bank as the director deems
necessary to determine whether the branch is being operated
in compliance with the laws of this state or is conducting its
activities in accordance with safe and sound banking
practices. The provisions applicable to examinations and
sharing of information of Washington state banks shall apply
to these examinations.
(2) The director may prescribe requirements for reports
regarding any branches of an out-of-state bank that operates
a branch in Washington pursuant to this chapter. The
required reports shall be provided by the bank or by the
bank supervisory agency having primary responsibility for
the bank. Any reporting requirements prescribed by the
director under this subsection shall be consistent with the
reporting requirements applicable to Washington state banks
and appropriate for the purpose of enabling the director to
carry out his or her responsibilities under this chapter.
(3) The director may enter into supervisory agreements
with any bank supervisory agency that has concurrent
jurisdiction over a Washington state bank or an out-of-state
state bank operating a branch in this state pursuant to this
chapter to engage the services of that agency’s examiners at
a reasonable rate of compensation, or to provide the services
of the director’s examiners to that agency at a reasonable
rate of compensation. These contracts are exempt from the
requirements of chapter 39.29 RCW. The director also may
enter into supervisory agreements with other appropriate
bank supervisory agencies and the bank to prescribe the
applicable laws governing powers and authorities, including
but not limited to corporate governance and operational
matters, of Washington branches of an out-of-state bank
chartered by another state or out-of-state branches of a
Washington state bank. The supervisory agreement may
resolve conflict of laws among home and host states and
specify the manner in which the examination, supervision,
and application processes shall be coordinated among the
home and host states.
(4) The director may enter into joint examinations or
joint enforcement actions with other bank supervisory
agencies having concurrent jurisdiction over any branch in
Washington of an out-of-state state bank or any branch of a
Washington state bank in any host state. The director also
may at any time take action independently if the director
deems it necessary or appropriate to carry out his or her
responsibilities under this chapter or to ensure compliance
with the laws of this state. However, in the case of an outof-state state bank, the director shall recognize the exclusive
authority of the home state regulator over corporate governance and operational matters and the primary responsibility
of the home state regulator with respect to safety and
soundness matters, unless otherwise specified in the supervisory agreement executed pursuant to this section.
(5) Each out-of-state state bank that maintains one or
more branches in this state may be assessed and, if assessed,
shall pay supervisory and examination fees in accordance
with the laws of this state and rules of the director. The
director is authorized to enter into agreements to share fees
with other bank supervisory agencies or any organization
affiliated with or representing one or more bank supervisory
agencies. [1996 c 2 § 14.]
(2002 Ed.)
30.38.040
30.38.050 Branch of out-of-state state bank—
Violations—Unsafe and unsound operations—
Enforcement actions—Notice to home state regulator. If
the director determines that a branch maintained by an outof-state state bank in this state is being operated in violation
of the laws of this state, or that the branch is being operated
in an unsafe and unsound manner, the director has the
authority to take all enforcement actions he or she would be
empowered to take if the branch were a Washington state
bank. However, the director shall promptly give notice to
the home state regulator of each enforcement action taken
against an out-of-state state bank and, to the extent practicable, shall consult and cooperate with the home state regulator
in pursuing and resolving the enforcement action. [1996 c
2 § 15.]
30.38.060 Rules. The director may adopt those rules
necessary to implement chapter 2, Laws of 1996. [1996 c 2
§ 16.]
30.38.070 Out-of-state state bank becomes resulting
bank—Branches in this state—RCW 30.49.125(5) does
not apply—When established and maintained—Notice to
director. (1) Any out-of-state state bank that will be the
resulting bank pursuant to an interstate combination involving any bank with branches in Washington, if RCW
30.49.125(5) does not apply, shall notify the director of the
proposed combination not later than three days after the date
of filing of an application for the combination with the
responsible federal bank supervisory agency, and shall submit a copy of the application to the director and pay applicable application fees, if any, required by the director. In lieu
of notice from the out-of-state state bank the director may
accept notice from the bank’s home state regulator. The
director has the authority to waive any procedures required
by Washington merger laws if the director finds that the
provision is in conflict with the applicable federal law or in
conflict with the applicable law of the state of the resulting
bank.
(2) An out-of-state state bank that has established and
maintains a branch in this state pursuant to this chapter shall
give at least thirty days’ prior written notice or, in the case
of an emergency transaction, shorter notice as is consistent
with the applicable state or federal law, to the director of
any transaction that would cause a change of control with
respect to the bank or any bank holding company that
controls the bank, with the result that an application would
be required to be filed pursuant to the federal change in bank
control act of 1978, as amended, 12 U.S.C. Sec. 1817(j), or
the federal bank holding company act of 1956, as amended,
12 U.S.C. Sec. 1841 et seq., or any successor statutes. In
lieu of notice from the out-of-state state bank the director
may accept notice from the bank’s home state regulator.
[1996 c 2 § 17.]
30.38.080 Application of Washington laws—
Declaration of invalidity. (1) The laws of Washington
applicable to Washington state banks regarding community
reinvestment, consumer protection, fair lending, and the
establishment of intrastate branches apply to any branch in
[Title 30 RCW—page 39]
30.38.080
Title 30 RCW: Banks and Trust Companies
Washington of an out-of-state national bank or out-of-state
state bank to the same extent as Washington laws apply to
a Washington state bank. In lieu of taking action directly
against an out-of-state state bank to enforce compliance with
these Washington laws on host state branches, the director
may refer action to the home state regulator, but the director
retains enforcement powers to ensure that compliance is
satisfactory to the director.
(2) Any host state branch of a Washington state bank
shall comply with all applicable host state laws concerning
community reinvestment, consumer protection, fair lending,
and the establishment of intrastate branches.
(3) In the event that the responsible federal chartering
authority, pursuant to applicable federal law, or in the event
a court of competent jurisdiction declares that any Washington state law is invalid with respect to an out-of-state or
national bank, that Washington state law is also invalid with
respect to Washington state banks and to host branches of
out-of-state state banks to that same extent. The director
may, from time to time, publish by rule Washington state
laws that have been found invalidated pursuant to federal
law and procedures. This subsection does not impair, in any
manner, the authority of the state attorney general to enforce
antitrust laws applicable to banks, bank holding companies,
or affiliates of those banks or bank holding companies.
[1996 c 2 § 18.]
30.38.900 Severability—1996 c 2. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1996 c 2 § 32.]
Chapter 30.42
ALIEN BANKS
Sections
30.42.010
30.42.020
30.42.030
30.42.040
30.42.050
30.42.060
30.42.070
30.42.080
30.42.090
30.42.100
30.42.105
30.42.115
30.42.120
30.42.130
30.42.140
30.42.145
30.42.150
30.42.155
30.42.160
30.42.170
30.42.180
30.42.190
30.42.200
30.42.210
Purpose.
Definitions.
Authorization and compliance with chapter required.
More than one office prohibited.
Acquisition or serving on board of directors or trustees of
other financial institutions prohibited.
Conditions to be met before opening office in state.
Allocated paid-in capital—Requirements.
Separate assets—Books and records—Priority as to assets.
Approval of application—Criteria—Reciprocity.
Notice of approval—Filing—Time period for commencing
business.
Power to make loans and to guarantee obligations.
Solicitation and acceptance of deposits.
Requirements for accepting deposits or transacting business.
Taking possession by director—Reasons—Disposition of
deposits—Claims—Priorities.
Investigations—Examinations.
Examination reports and information—Confidential—
Privileged—Penalty.
Loans subject to usury laws.
Powers and activities.
Powers as to real estate.
Advertising, status of federal insurance on deposits to be
included—Gifts for new deposits.
Approved agencies—Powers and activities.
Bonding requirements for officers and employees.
Books and accounts—English language.
Bureaus—Application procedure.
[Title 30 RCW—page 40]
30.42.220
30.42.230
30.42.240
30.42.250
30.42.260
30.42.270
30.42.280
30.42.290
30.42.300
30.42.310
30.42.320
30.42.330
30.42.340
30.42.900
Bureaus—Approval—Certificate of authority—Time limit
for commencing business.
Bureaus—Number—Powers.
Bureaus—Examinations.
Temporary facilities at trade fairs, etc.
Reports.
Taxation.
Directors, officers, and employees—Duties, responsibilities
and restrictions—Removal.
Compliance—Violations—Penalties.
Suspension or revocation of certificate to operate—Grounds.
Change of location.
Rules.
Fees.
Alien banks or branches in business on or before effective
date.
Severability—1973 1st ex.s. c 53.
30.42.010 Purpose. The purpose of this chapter is to
establish a legal and regulatory framework for operation by
alien banks in the state of Washington that will:
(1) Create a financial climate which will benefit the
economy of the state of Washington;
(2) Provide a well regulated and supervised financial
system to assist the movement of foreign capital into
Washington state for the support and diversification of the
local industrial base;
(3) Assist the development of the economy of the state
of Washington without disrupting business relationships of
state and federal financial institutions.[1973 1st ex.s. c 53 §
1.]
30.42.020 Definitions. For the purposes of this
chapter, the following terms shall be defined as follows:
(1) "Alien bank" means a bank organized under the laws
of a foreign country and having its principal place of
business in that country, the majority of the beneficial
ownership and control of which is vested in citizens of
countries other than the United States of America.
(2) "Office" means a branch or agency of an alien bank
carrying on business in this state pursuant to this chapter.
(3) "Branch" means an office of an alien bank that is
exercising the powers authorized by RCW 30.42.105,
30.42.115, and 30.42.155.
(4) "Agency" means an office of an alien bank that is
exercising the powers authorized by RCW 30.42.180.
(5) "Bureau" means an alien bank’s operation in this
state exercising the powers authorized by RCW 30.42.230.
[1994 c 92 § 80; 1983 c 3 § 48; 1973 1st ex.s. c 53 § 2.]
30.42.030 Authorization and compliance with
chapter required. An alien bank shall not establish and
operate an office or bureau in this state unless it is authorized to do so by the director and unless it first complies
with all of the provisions of this chapter and then only to the
extent expressly permitted by this chapter. [1994 c 92 § 81;
1973 1st ex.s. c 53 § 3.]
30.42.040 More than one office prohibited. An alien
bank shall not be permitted to have more than one office in
this state. [1973 1st ex.s. c 53 § 4.]
30.42.050 Acquisition or serving on board of
directors or trustees of other financial institutions
(2002 Ed.)
Alien Banks
prohibited. An alien bank shall not take over or acquire an
existing federal or state-chartered bank, trust company,
mutual savings bank, savings and loan association, or credit
union or any branch of any such bank, trust company, mutual savings bank, savings and loan association, or credit union
in this state; nor shall any designee, officer, agent or
employee of an alien bank serve on the board of directors of
any federal or state bank, trust company, savings and loan
association, or credit union, or the board of trustees of a
mutual savings bank. [1973 1st ex.s. c 53 § 5.]
30.42.060 Conditions to be met before opening
office in state. An alien bank shall not hereafter open an
office in this state until it has met the following conditions:
(1) It has filed with the director an application in such
form and containing such information as shall be prescribed
by the director.
(2) It has designated the director by a duly executed
instrument in writing, its agent, upon whom process in any
action or proceeding arising out of a transaction with the
Washington office may be served. Such service shall have
the same force and effect as if the alien bank were a
Washington corporation and had been lawfully served with
process within the state. The director shall forward by mail,
postage prepaid, a copy of every process served upon him or
her under the provisions of this subdivision, addressed to the
manager or agent of such bank at its office in this state.
(3) It has allocated and assigned to its office within this
state paid-in capital of not less than two hundred thousand
dollars or such larger amounts as the director in his or her
discretion may require.
(4) It has filed with the director a letter from its chief
executive officer guaranteeing that the alien bank’s entire
capital and surplus is and shall be available for all liabilities
and obligations of its office doing business in this state.
(5) It has paid the fees required by law and established
by the director pursuant to RCW 30.08.095.
(6) It has received from the director his or her certificate
authorizing the transaction of business in conformity with
this chapter. [1994 c 92 § 82; 1973 1st ex.s. c 53 § 6.]
30.42.070 Allocated paid-in capital—Requirements.
The capital allocated as required in RCW 30.42.060(3) shall
be maintained within this state at all times in cash or in
director approved interest bearing bonds, notes, debentures,
or other obligations: (1) Of the United States or of any
agency or instrumentality thereof, or guaranteed by the
United States; or (2) of this state, or of a city, county, town,
or other municipal corporation, or instrumentality of this
state or guaranteed by this state, or such other assets as the
director may approve. Such capital shall be deposited with
a bank qualified to do business in and having its principal
place of business within this state, or in a national bank
qualified to engage in banking in this state. Such bank shall
issue a written receipt addressed and delivered to the director
reciting that such deposit is being held for the sole benefit of
the United States domiciled creditors of such alien bank’s
Washington office and that the same is subject to his or her
order without offset for the payment of such creditors. For
the purposes of this section, the term "creditor" shall not
include any other offices, branches, subsidiaries, or affiliates
(2002 Ed.)
30.42.050
of such alien bank. Subject to the approval of the director,
reasonable arrangements may be made for substitution of
securities. So long as it shall continue business in this state
in conformance with this chapter and shall remain solvent,
such alien bank shall be permitted to collect all interest and/
or income from the assets constituting such allocated capital.
Should any securities so depreciate in market value and/
or quality as to reduce the deposit below the amount
required, additional money or securities shall be deposited
promptly in amounts sufficient to meet such requirements.
The director may make an investigation of the market value
and of the quality of any security deposited at the time such
security is presented for deposit or at any time thereafter.
The director may make such charge as may be reasonable
and proper for such investigation. [1994 c 92 § 83; 1982 c
95 § 1; 1979 c 106 § 6; 1973 1st ex.s. c 53 § 7.]
Effective date—1982 c 95: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1982." [1982 c 95 § 9.]
30.42.080 Separate assets—Books and records—
Priority as to assets. Every alien bank maintaining an
office in this state shall keep the assets of its Washington
office entirely separate and apart from the assets of its other
operations as though the Washington office was conducted
as a separate and distinct entity. Every such alien bank shall
keep separate books of account and records for its Washington office and shall observe with respect to such office the
applicable requirements of this chapter and the applicable
rules and regulations of the director. The United States
domiciled creditors of such alien bank’s Washington office
shall be entitled to priority with respect to the assets of its
Washington office before such assets may be used or applied
for the benefit of its other creditors or transferred to its
general business. [1994 c 92 § 84; 1973 1st ex.s. c 53 § 8.]
30.42.090 Approval of application—Criteria—
Reciprocity. The director may give or withhold his or her
approval of an application by an alien bank to establish an
office in this state at his or her discretion. The director’s
decision shall be based on the information submitted to his
or her office in the application required by RCW 30.42.060
and such additional investigation as the director deems
necessary or appropriate. Prior to granting approval to said
application, the director shall have ascertained to his or her
satisfaction that all of the following are true:
(1) The proposed location offers a reasonable promise
of adequate support for the proposed office;
(2) The proposed office is not being formed for other
than legitimate objects;
(3) The proposed officers of the proposed office have
sufficient banking experience and ability to afford reasonable
promise of successful operation;
(4) The reputation and financial standing of the alien
bank is such as to command the confidence and warrant
belief that the business of the proposed office will be
conducted honestly and efficiently in accordance with the
intent and purpose of this chapter, as set forth in RCW
30.42.010;
(5) The principal purpose of establishing such office
shall be within the intent of this chapter.
[Title 30 RCW—page 41]
30.42.090
Title 30 RCW: Banks and Trust Companies
The director shall not grant an application for an office
of an alien bank unless the law of the foreign country under
which laws the alien bank is organized permits a bank with
its principal place of business in this state to establish in that
foreign country a branch, agency or similar operation. [1994
c 92 § 85; 1973 1st ex.s. c 53 § 9.]
30.42.100 Notice of approval—Filing—Time period
for commencing business. If the director approves the
application, he or she shall notify the alien bank of his or
her approval and shall file certified copies of its charter,
certificate or other authorization to do business with the
secretary of state. Upon such filing, the director shall issue
a certificate of authority stating that the alien bank is
authorized to conduct business through a branch or agency
in this state at the place designated in accordance with this
chapter. Each such certificate shall be conspicuously
displayed at all times in the place of business specified
therein.
The office of the alien bank must commence business
within six months after the issuance of the director’s
certificate: PROVIDED, That the director for good cause
shown may extend such period for an additional time not to
exceed three months. [1994 c 92 § 86; 1985 c 305 § 7;
1973 1st ex.s. c 53 § 10.]
30.42.105 Power to make loans and to guarantee
obligations. An approved branch of an alien bank shall
have the same power to make loans and guarantee obligations as a state bank chartered pursuant to Title 30 RCW:
PROVIDED, HOWEVER, That the base for computing the
applicable loan limitation shall be the entire capital and
surplus of the alien bank. The director may adopt rules
limiting the amount of loans to full-time employees of the
branch. [1994 c 92 § 87; 1982 c 95 § 4.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.115 Solicitation and acceptance of deposits.
(1) Any branch of an alien bank that received approval of its
branch application pursuant to RCW 30.42.090, or that had
filed its branch application pursuant to RCW 30.42.060, on
or before July 27, 1978, and any approved branch of an alien
bank that has designated Washington as its home state pursuant to section 5 of the International Banking Act of 1978,
shall have the same power to solicit and accept deposits as
a state bank chartered pursuant to Title 30 RCW, except that
acceptance of initial deposits of less than one hundred
thousand dollars shall be limited to deposits of the following:
(a) Any business entity, including any corporation,
partnership, association, or trust, that engages in commercial
activity for profit: PROVIDED, That there shall be excluded
from this category any such business entity that is organized
under the laws of any state or the United States, is majorityowned by United States citizens or residents, and has total
assets, including assets of majority owned subsidiaries, of
less than one million five hundred thousand dollars as of the
date of the initial deposit;
(b) Any governmental unit, including the United States
government, any state government, any foreign government
and any political subdivision or agency of the foregoing;
[Title 30 RCW—page 42]
(c) Any international organization which is composed of
two or more nations;
(d) Any draft, check, or similar instrument for the
transmission of funds issued by the branch;
(e) Any depositor who is not a citizen of the United
States and who is not a resident of the United States at the
time of the initial deposit;
(f) Any depositor who established a deposit account on
or before July 1, 1982, and who has continuously maintained
the deposit account since that date: PROVIDED, That this
subparagraph (f) of this subsection shall be effective only
until July 1, 1985;
(g) Any other person: PROVIDED, That the amount of
deposits under this subparagraph (g) of this subsection may
not exceed four percent of the average of the branch’s
deposits for the last thirty days of the most recent calendar
quarter, excluding deposits in the branch of other offices,
branches, agencies, or wholly owned subsidiaries of the alien
bank.
(2) As used in subsection (1) of this section, "initial
deposit" means the first deposit transaction between a
depositor and the branch. Different deposit accounts that are
held by a depositor in the same right and capacity may be
added together for purposes of determining the dollar amount
of that depositor’s initial deposit.
(3) Approved branches of alien banks, other than those
described in subsection (1) of this section, may solicit and
accept deposits only from foreign governments and their
agencies and instrumentalities, persons, or entities conducting
business principally at their offices or establishments abroad,
and such other deposits that:
(a) Are to be transmitted abroad;
(b) Consist of collateral or funds to be used for payment
of obligations to the branch;
(c) Consist of the proceeds of collections abroad that are
to be used to pay for exported or imported goods or for
other costs of exporting or importing or that are to be
periodically transferred to the depositor’s account at another
financial institution;
(d) Consist of the proceeds of extensions of credit by
the branch; or
(e) Represent compensation to the branch for extensions
of credit or services to the customer.
(4) A branch may accept deposits, subject to the
limitations set forth in subsections (1) and (3) of this section,
only upon the same terms and conditions (including nature
and extent of such deposits, withdrawal, and the payment of
interest thereon) that banks organized under the laws of this
state which are members of the Federal Reserve System may
accept such deposits. Any branch that is not subject to
reserve requirements under regulations of the Federal
Reserve Board shall maintain deposit reserves in this state,
pursuant to rules adopted by the director, to the same extent
they must be maintained by banks organized under the laws
of this state which are members of the Federal Reserve
System. [1994 c 92 § 88; 1985 c 305 § 8; 1982 c 95 § 6.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.120 Requirements for accepting deposits or
transacting business. A branch shall not commence to
transact in this state the business of accepting deposits or
(2002 Ed.)
Alien Banks
transact such business thereafter unless it has met the
following requirements:
(1) It has obtained federal deposit insurance corporation
insurance covering its eligible deposit liabilities within this
state, or in lieu thereof, made arrangements satisfactory to
the director for maintenance within this state of additional
capital equal to not less than five percent of its deposit
liabilities, computed on the basis of the average daily net
deposit balances covering semimonthly periods as prescribed
by the director. Such additional capital shall be deposited in
the manner provided in RCW 30.42.070.
(2) It holds in this state currency, bonds, notes, debentures, drafts, bills of exchange, or other evidences of
indebtedness or other obligations payable in the United
States or in United States funds or, with the approval of the
director, in funds freely convertible into United States funds
or such other assets as are approved by the director, in an
amount not less than one hundred percent of the aggregate
amount of liabilities of such alien bank payable at or through
its office in this state. When calculating the value of the
assets so held, credit shall be given for the amounts deposited pursuant to RCW 30.42.060(3) and 30.42.120(1), but
there shall be excluded all amounts due from the head office
and any other branch, agency, or other office or whollyowned subsidiary of the bank, except those amounts due
from such offices or subsidiaries located within the United
States and payable in United States dollars.
(3) If deposits are not insured by the federal deposit
insurance corporation, then that fact shall be disclosed to all
depositors pursuant to rules of the director.
(4) If the branch conducts an international banking
facility, the deposits of which are exempt from reserve
requirements of the federal reserve banking system, the
liabilities of that facility shall be excluded from the deposit
and other liabilities of the branch for the purposes of
subsection (1) of this section. [1994 c 92 § 89; 1982 c 95
§ 2; 1975 1st ex.s. c 285 § 2; 1973 1st ex.s. c 53 § 12.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.130 Taking possession by director—
Reasons—Disposition of deposits—Claims—Priorities.
The director may take possession of the office of an alien
bank for the reasons stated and in the manner provided in
chapter 30.44 RCW. Upon the director taking such possession of a branch, no deposit liabilities of which are
insured by the federal deposit insurance corporation, the
amounts deposited pursuant to RCW 30.42.120(1) shall
thereupon become the property of the director, free and clear
of any and all liens and other claims, and shall be held by
the director in trust for the United States domiciled depositors of the office in this state of such alien bank. Upon
obtaining the approval of the superior court of Thurston
county, the director shall reduce such deposited capital to
cash and as soon as practicable distribute it to such depositors.
If sufficient cash is available, such distribution shall be
in equal amounts to each such depositor: PROVIDED, That
no such depositor receives more than the amount of his or
her deposit or an amount equal to the maximum amount
insured by the federal deposit insurance corporation, whichever is less. If sufficient cash is not available, such distribu(2002 Ed.)
30.42.120
tion shall be on a pro rata basis to each such depositor:
PROVIDED, That no such depositor receives more than the
maximum amount insured by the federal deposit insurance
corporation. If any cash remains after such distribution, it
shall be distributed pro rata to those depositors whose
deposits have not been paid in full: PROVIDED, That no
depositor receives more than the amount of his deposit. For
purposes of this section, the term "depositor" shall not
include any other offices, subsidiaries or affiliates of such
alien bank.
The term "deposit" as used in this section shall mean
the unpaid balance of money or its equivalent received or
held by the branch in the usual course of its business and for
which it has given or is obligated to give credit, either
conditionally or unconditionally to a demand, time or savings
account, or which is evidenced by its certificate of deposit,
or a check or draft drawn against a deposit account and
certified by the branch, or a letter of credit or traveler’s
checks on which the branch is primarily liable.
Claims of depositors and creditors shall be made and
disposed of in the manner provided in chapter 30.44 RCW
in the event of insolvency or inability of the bank to pay its
creditors in this state. The capital deposit of the bank shall
be available for claims of depositors and creditors. The
claims of depositors and creditors shall be paid from the
capital deposit in the following order or priority:
(1) Claims of depositors not paid from the amounts
deposited pursuant to RCW 30.42.120(1);
(2) Claims of Washington domiciled creditors;
(3) Other creditors domiciled in the United States; and
(4) Creditors domiciled in foreign countries.
The director shall proceed in accordance with and have
all the powers granted by chapter 30.44 RCW. [1994 c 92
§ 90; 1973 1st ex.s. c 53 § 13.]
30.42.140 Investigations—Examinations. The
director, without previous notice, shall visit the office of an
alien bank doing business in this state pursuant to this
chapter at least once every eighteen months, and more often
if necessary, for the purpose of making a full investigation
into the condition of such office, and for that purpose they
are hereby empowered to administer oaths and to examine
under oath any director or member of its governing body,
officer, employee, or agent of such alien bank or office. The
director shall make such other full or partial examination as
he or she deems necessary. The director shall collect, from
each alien bank for each examination of the conditions of its
office in this state, the estimated actual cost of such examination. [2001 c 176 § 1; 1994 c 92 § 91; 1982 c 95 § 3;
1973 1st ex.s. c 53 § 14.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.145 Examination reports and information—
Confidential—Privileged—Penalty. See RCW 30.04.075.
30.42.150 Loans subject to usury laws. Loans made
by an office shall be subject to the laws of the state of
Washington relating to usury. [1973 1st ex.s. c 53 § 15.]
30.42.155 Powers and activities. (1) In addition to
the taking of deposits and making of loans as provided in
[Title 30 RCW—page 43]
30.42.155
Title 30 RCW: Banks and Trust Companies
this chapter, a branch of an alien bank shall have the power
only to carry out these other activities:
(a) Borrow funds from banks and other financial
institutions;
(b) Make investments to the same extent as a state bank
chartered pursuant to Title 30 RCW;
(c) Buy and sell foreign exchange;
(d) Receive checks, bills, drafts, acceptances, notes,
bonds, coupons, and other securities for collection abroad
and collect such instruments in the United States for customers abroad;
(e) Hold securities in safekeeping for, or buy and sell
securities upon the order and for the risk of, customers
abroad;
(f) Act as paying agent for securities issued by foreign
governments or other organizations organized under foreign
law and not qualified under the laws of the United States, or
of any state or the District of Columbia, to do business in
the United States;
(g) In order to prevent loss on debts previously contracted a branch may acquire shares in a corporation: PROVIDED, That the shares are disposed of as soon as practical but
in no event later than two years from the date of acquisition;
(h) Issue letters of credit and create acceptances;
(i) Act as paying agent or trustee in connection with
revenue bonds issued pursuant to chapter 39.84 RCW, in
which the user is: (i) A corporation organized under the
laws of a country other than the United States, or a subsidiary or affiliate owned or controlled by such a corporation;
or (ii) a corporation, partnership, or other business organization, the majority of the beneficial ownership of which is
owned by persons who are citizens of a country other than
the United States and who are not residents of the United
States, and any subsidiary or affiliate owned or controlled by
such an organization; or in which the bank purchases twentyfive percent or more of the bond issue. For the purposes of
chapter 39.84 RCW, such an alien bank shall be deemed to
possess trust powers.
(2) In addition to the powers and activities expressly
authorized by this section, a branch shall have the power to
carry on such additional activities which are necessarily
incidental to the activities expressly authorized by this
section. [1982 c 95 § 5.]
Effective date—1982 c 95: See note following RCW 30.42.070.
30.42.160 Powers as to real estate. An alien bank
may purchase, hold and convey real estate for the following
purposes and no other:
(1) Such as shall be necessary for the convenient
transaction of its business, including with its banking offices
other apartments in the same building to rent as a source of
income: PROVIDED, That not to exceed thirty percent of
its capital and surplus and undivided profits may be so
invested without the approval of the director.
(2) Such as shall be purchased or conveyed to it in
satisfaction, or on account of, debts previously contracted in
the course of business.
(3) Such as it shall purchase at sale under judgments,
decrees, liens or mortgage foreclosures, against securities
held by it.
[Title 30 RCW—page 44]
(4) Such as it may take title to or for the purpose of
investing in real estate conditional sales contracts.
(5) Such as shall be convenient for the residences of its
employees.
No real estate except that specified in subsections (1)
and (5) of this section may be carried as an asset on the
corporation’s books for a longer period than five years from
the date title is acquired thereto, unless an extension of time
be granted by the director. [1994 c 92 § 92; 1975 1st ex.s.
c 285 § 3; 1973 1st ex.s. c 53 § 16.]
30.42.170 Advertising, status of federal insurance
on deposits to be included—Gifts for new deposits. (1)
An alien bank that advertises the services of its branch in the
state of Washington shall indicate on all advertising materials whether or not deposits placed with its branch are insured
by the federal deposit insurance corporation.
(2) A branch shall not make gifts to a new deposit
customer of a greater value than five dollars in total. The
value of the gifts shall be the cost to the branch of acquiring
said gift. [1973 1st ex.s. c 53 § 17.]
30.42.180 Approved agencies—Powers and activities. An approved agency of an alien bank may engage in
the business of making loans and guaranteeing obligations
for the financing of the international movement of goods and
services and for all operational needs including working
capital and short-term operating needs and for the acquisition
of fixed assets. Other than such activities, such agency may
engage only in the following activities:
(1) Borrow funds from banks and other financial
institutions;
(2) Buy and sell foreign exchange;
(3) Receive checks, bills, drafts, acceptances, notes,
bonds, coupons, and other securities for collection abroad
and collect such instruments in the United States for customers abroad;
(4) Hold securities in safekeeping for, or buy and sell
securities upon the order and for the risk of, customers
abroad;
(5) Act as paying agent for securities issued by foreign
governments or other organizations organized under foreign
law and not qualified under the laws of the United States, or
any state or the District of Columbia to do business in the
United States;
(6) In order to prevent loss on debts previously contracted, an agency may acquire shares in a corporation: PROVIDED, That the shares are disposed of as soon as practical,
but in no event later than two years from the date of
acquisition;
(7) Issue letters of credit and create acceptances;
(8) In addition to the powers and activities expressly
authorized by this section, an agency shall have the power to
carry on such additional activities which are necessarily
incidental to the activities expressly authorized by this
section. [1973 1st ex.s. c 53 § 18.]
30.42.190 Bonding requirements for officers and
employees. All officers and employees of an office shall be
subject to the same bonding requirements as are officers and
(2002 Ed.)
Alien Banks
employees of banks incorporated under the laws of this state.
[1973 1st ex.s. c 53 § 19.]
30.42.200 Books and accounts—English language.
The books and accounts of an office and a bureau shall be
kept in words and figures of the English language. [1973
1st ex.s. c 53 § 20.]
30.42.210 Bureaus—Application procedure. (1)
Application procedure. An alien bank shall not establish and
operate a bureau in this state unless it is authorized to do so
and unless it has met the following conditions:
(a) It has filed with the director an application in such
form and containing such information as shall be prescribed
by the director;
(b) It has paid the fee required by law and established
by the director pursuant to RCW 30.08.095;
(c) It has received from the director a certificate
authorizing the applicant bank to establish and operate a
bureau in conformity herewith.
(2) Upon receipt of the bank’s application, and the
conducting of such examination or investigation as the
director deems necessary and appropriate and being satisfied
that the opening of such bureau will be consistent with the
purposes of this chapter, the director may grant approval for
the bureau and issue a certificate authorizing the alien bank
to establish and operate a bureau in the state of Washington.
[1994 c 92 § 93; 1973 1st ex.s. c 53 § 21.]
30.42.220 Bureaus—Approval—Certificate of
authority—Time limit for commencing business. If the
director approves the application, he or she shall notify the
alien bank of his or her approval and shall file certified
copies of its charter, certificate, or other authorization to do
business with the secretary of state and with the recording
officer of the county in which the bureau is to be located.
Upon such filing, the director shall issue a certificate of authority stating that the alien bank is authorized to operate a
bureau in this state at the place designated in accordance
with this chapter. No such certificate shall be transferable
or assignable. Such certificate shall be conspicuously
displayed at all times in the place of business specified
therein.
A bureau of an alien bank must commence business
within six months after the issuance of the director’s
certificate: PROVIDED, That the director for good cause
shown may extend such period for an additional time not to
exceed three months. [1994 c 92 § 94; 1973 1st ex.s. c 53
§ 22.]
30.42.230 Bureaus—Number—Powers. An alien
bank may have as many bureaus in this state as the director
will authorize. A bureau in this state may provide information about services offered by the alien bank, its subsidiaries
and affiliates and may gather and provide business and
economic information. A bureau may not take deposits,
make loans or transact other commercial or banking business
in this state. [1994 c 92 § 95; 1973 1st ex.s. c 53 § 23.]
30.42.240 Bureaus—Examinations. The director is
empowered to examine the bureau operations of an alien
(2002 Ed.)
30.42.190
bank whenever he or she deems it necessary. The director
shall collect from such alien bank the estimated actual cost
of such examination. [1994 c 92 § 96; 1973 1st ex.s. c 53
§ 24.]
30.42.250 Temporary facilities at trade fairs, etc.
An alien bank may operate temporary facilities at trade fairs
or other commercial events of short duration without first
obtaining the approval of the director: PROVIDED, That the
activities of such temporary facility are limited solely to the
dissemination of information: AND PROVIDED FURTHER, If an alien bank engages in such activity, it shall
notify the director in writing prior to opening of the nature
and location of such facility. The director is empowered to
investigate the operation of such temporary facility if he or
she deems it necessary, and to collect from the alien bank
the estimated actual cost thereof. [1994 c 92 § 97; 1973 1st
ex.s. c 53 § 25.]
30.42.260 Reports. (1) An office of an alien bank
shall file the following reports with the director within such
times and in such form as the director shall prescribe by
rule:
(a) A statement of condition of the office;
(b) A capital position report of the office;
(c) A consolidated statement of condition of an alien
bank.
(2) An office of an alien bank shall publish such reports
as the director by rule may prescribe.
(3) An alien bank operating a bureau in this state shall
file a copy of the alien bank’s annual financial report with
the director as soon as possible following the end of each
fiscal year and shall file such other material as the director
may prescribe by rule. [1994 c 92 § 98; 1973 1st ex.s. c 53
§ 26.]
30.42.270 Taxation. An office of an alien bank shall
be taxed on the same basis as are banks incorporated under
the laws of this state. [1973 1st ex.s. c 53 § 27.]
30.42.280 Directors, officers, and employees—
Duties, responsibilities and restrictions—Removal. The
directors or other governing body of an alien bank and the
officers and employees of its office in this state shall be subject to all of the duties, responsibilities and restrictions to
which the directors, officers and employees of a bank
organized under the laws of this state are subject insofar as
such duties, responsibilities and restrictions are not inconsistent with the intent of this chapter. An officer or employee
of the office of an alien bank doing business in this state
pursuant to this chapter may be removed for the reasons
stated and in the manner provided in RCW 30.12.040, as
now or hereafter amended. [1973 1st ex.s. c 53 § 28.]
30.42.290 Compliance—Violations—Penalties. (1)
The director shall have the responsibility for assuring
compliance with the provisions of this chapter. An alien
bank that conducts business in this state in violation of any
provisions of this chapter shall be guilty of a misdemeanor
and in addition thereto shall be liable in the sum of one
hundred dollars per day that each such offense continues,
[Title 30 RCW—page 45]
30.42.290
Title 30 RCW: Banks and Trust Companies
such sum to be recovered by the attorney general in a civil
action in the name of the state.
(2) Every person who shall knowingly subscribe to or
make or cause to be made any false entry in the books of
any alien bank office or bureau doing business in this state
pursuant to this chapter or shall knowingly subscribe to or
exhibit any false or fictitious paper or security, instrument or
paper, with the intent to deceive any person authorized to
examine into the affairs of any such office or bureau or shall
make, state or publish any false statement of the amount of
the assets or liabilities of any such office or bureau shall be
guilty of a felony.
(3) Every director or member of the governing body,
officer, employee or agent of such alien bank operating an
office or bureau in this state who conceals or destroys any
fact or otherwise suppresses any evidence relating to a
violation of this chapter is guilty of a felony.
(4) Any person who transacts business in this state on
behalf of an alien bank which is subject to the provisions of
this chapter, but which is not authorized to transact such
business pursuant to this chapter is guilty of a misdemeanor
and in addition thereto shall be liable in the sum of one
hundred dollars per day for each day that such offense
continues, such sum to be recovered by the attorney general
in a civil action in the name of the state. [1994 c 92 § 99;
1973 1st ex.s. c 53 § 29.]
30.42.300 Suspension or revocation of certificate to
operate—Grounds. If the director finds that any alien bank
to which he or she has issued a certificate to operate an
office or bureau in this state pursuant to this chapter has
violated any law or rule, or has conducted its affairs in an
unauthorized manner, or has been unresponsive to the
director’s lawful orders or directions, or is in an unsound or
unsafe condition, or cannot with safety and expediency
continue business, or if he or she finds that the alien bank’s
country is unjustifiably refusing to allow banks qualified to
do business in and having their principal office within this
state to operate offices or similar operations in such country,
the director may suspend or revoke the certificate of such
alien bank and notify it of such suspension or revocation.
[1994 c 92 § 100; 1973 1st ex.s. c 53 § 30.]
30.42.310 Change of location. An alien bank
licensed to maintain an office or bureau in this state pursuant
to this chapter may apply to the director for leave to change
the location of its office or bureau. Such applications shall
be accompanied by an investigation fee as established in
accordance with RCW 30.42.330. Leave for a change of
location shall be granted if the director finds that the
proposed new location offers reasonable promise of adequate
support for the office. [1994 c 92 § 101; 1973 1st ex.s. c 53
§ 31.]
30.42.320 Rules. The director shall have power to
adopt uniform rules to govern examination and reports of
alien bank offices and bureaus doing business in this state
pursuant to this chapter and the form in which they shall
report their assets, liabilities, and reserves, charge off bad
debts and otherwise keep their records and accounts and
[Title 30 RCW—page 46]
otherwise to govern the administration of this chapter. [1994
c 92 § 102; 1973 1st ex.s. c 53 § 32.]
30.42.330 Fees. The director shall collect in advance
from an alien bank for filing its application for an office or
a bureau and the attendant investigation, and for such other
applications, approvals or certificates provided herein, such
fee as shall be established by rule adopted pursuant to the
administrative procedure act, chapter 34.05 RCW, as now or
hereafter amended. The alien bank shall also pay to the
secretary of state and the county recording officer for filing
instruments as required by this chapter the same fees as are
charged general corporations for the filing of similar instruments and also the same license fees as are required of foreign corporations doing business in this state. [1994 c 92 §
103; 1973 1st ex.s. c 53 § 33.]
30.42.340 Alien banks or branches in business on
or before effective date. (1) Any branch of an alien bank
that is conducting business in this state on July 16, 1973
pursuant to RCW 30.04.300 shall not be subject to the provisions of this chapter, and shall continue to conduct its
business pursuant to RCW 30.04.300.
(2) Except as provided in subsection (1) of this section,
any alien bank that is conducting business in this state on
July 16, 1973 shall be subject to the provisions of this
chapter: PROVIDED, That any such alien bank which has
operated an agency or similar operation in this state for at
least the five years immediately preceding such effective
date shall not be denied a certificate to operate an agency.
[1973 1st ex.s. c 53 § 34.]
30.42.900 Severability—1973 1st ex.s. c 53. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
this 1973 amendatory act, or the application of the provisions
to other persons or circumstances shall not be affected.
[1973 1st ex.s. c 53 § 38.]
Chapter 30.43
SATELLITE FACILITIES
Sections
30.43.005
Finding—Definition of "off-premises electronic facilities."
30.43.005 Finding—Definition of "off-premises
electronic facilities." The legislature finds that the establishment and operation of off-premises electronic facilities,
inside and outside the state of Washington, and the participation by financial institutions in arrangements for the sharing
of such facilities, facilitates the delivery of financial services
to the citizens of the state of Washington. The term "offpremises electronic facilities" includes, without limitation,
automated teller machines, cash-dispensing machines, pointof-sale terminals, and merchant-operated terminals. [1994 c
256 § 57.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2002 Ed.)
Insolvency and Liquidation
Chapter 30.44
INSOLVENCY AND LIQUIDATION
Sections
30.44.010
30.44.020
30.44.030
30.44.040
30.44.050
30.44.060
30.44.070
30.44.080
30.44.090
30.44.100
30.44.110
30.44.120
30.44.130
30.44.140
30.44.150
30.44.160
30.44.170
30.44.180
30.44.190
30.44.200
30.44.210
30.44.220
30.44.230
30.44.240
30.44.250
30.44.260
30.44.270
30.44.280
Delinquencies, notice to correct—Possession may be taken.
Director may order levy of assessment.
Director’s right to take possession may be contested.
Notice of taking possession.
Powers and duties of director.
Notice to creditors—Claims.
Inventory—List of claims.
Objections to approved claims.
Dividends.
Receiver prohibited except in emergency.
Preferences prohibited—Penalty.
Receiving deposits when insolvent—Penalty.
Expense of liquidation.
Liquidation after claims are paid.
Unclaimed dividends—Disposition.
Voluntary closing—Notice.
Voluntary liquidation—Notice to creditors.
Unclaimed dividends on voluntary liquidation.
Disposition of unclaimed personal property.
Duty of director—Notice to owner.
Final notice after two years—Sale.
Disposition of proceeds—Escheat.
Procedure as to papers, documents, etc.
Transfer of assets and liabilities to another bank or trust
company.
Reopening.
Destruction of records after liquidation.
Federal deposit insurance corporation as receiver or liquidator—Appointment—Powers and duties.
Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not hindered by judicial
review—Liability.
30.44.010 Delinquencies, notice to correct—
Possession may be taken. Whenever it shall in any manner
appear to the director that any bank or trust company has
violated any provision of law or is conducting its business in
an unsafe manner or that it refuses to submit its books,
papers, or concerns to lawful inspection or that any director
or officer thereof refuses to submit to examination on oath
touching its concerns, or that it has failed to carry out any
authorized order or direction of an examiner, the director
may give notice to the bank or trust company so offending
or delinquent or whose director or officer is thus offending
or delinquent to correct such offense or delinquency and if
such bank or trust company fails to comply with the terms
of such notice within thirty days from the date of its issuance or within such further time as the director may allow,
then the director may take possession of such bank or trust
company as in case of insolvency. [1994 c 92 § 107; 1955
c 33 § 30.44.010. Prior: 1917 c 80 § 59; 1915 c 98 § 1;
RRS § 3266.]
30.44.020 Director may order levy of assessment.
Whenever it shall in any manner appear to the director that
any offense or delinquency referred to in RCW 30.44.010
renders a bank or trust company in an unsound or unsafe
condition to continue its business or that its capital or
surplus is reduced or impaired below the amount required by
its articles of incorporation or by this title, or that it has suspended payment of its obligations or is insolvent, the director
may notify such bank or trust company to levy an assessment on its stock or otherwise to make good such impair(2002 Ed.)
Chapter 30.44
ment or offense or other delinquency within such time and
in such manner as he or she may specify or if he or she
deems necessary he or she may take possession thereof
without notice.
The board of directors of any such bank or trust
company, with the consent of the holders of record of twothirds of the capital stock expressed either in writing or by
vote at a stockholders’ meeting called for that purpose, shall
have power and authority to levy such assessment upon the
stockholders pro rata and to forfeit the stock upon which any
such assessment is not paid, in the manner prescribed in
RCW 30.12.180. [1994 c 92 § 108; 1955 c 33 § 30.44.020.
Prior: 1923 c 115 § 9; 1917 c 80 § 60; RRS § 3267.]
Levy of assessments: RCW 30.12.180.
30.44.030 Director’s right to take possession may be
contested. Within ten days after the director takes possession thereof, a bank or trust company may serve a notice
upon the director to appear before the superior court of the
county wherein such corporation is located and at a time to
be fixed by said court, which shall not be less than five nor
more than fifteen days from the date of the service of such
notice, to show cause why such corporation should not be
restored to the possession of its assets. Upon the return day
of such notice, or such further day as the matter may be
continued to, the court shall summarily hear said cause and
shall dismiss the same, if it be found that possession was
taken by the director in good faith and for cause, but if it
find that no cause existed for the taking possession of such
corporation, it shall require the director to restore such bank
or trust company to possession of its assets and enjoin him
or her from further interference therewith without cause.
[1994 c 92 § 109; 1955 c 33 § 30.44.030. Prior: 1917 c 80
§ 68; RRS § 3275.]
30.44.040 Notice of taking possession. Upon taking
possession of any bank or trust company, the director shall
forthwith give written notice thereof to all persons having
possession of any assets of such corporation. No person
knowing of the taking of such possession by the director
shall have a lien or charge for any payment thereafter
advanced or clearance thereafter made or liability thereafter
incurred against any of the assets of such corporation. [1994
c 92 § 110; 1955 c 33 § 30.44.040. Prior: 1917 c 80 § 61;
1915 c 98 § 2; RRS § 3268.]
30.44.050 Powers and duties of director. Upon
taking possession of any bank or trust company, the director
shall proceed to collect the assets thereof and to preserve,
administer and liquidate the business and assets of such
corporation. With the approval of the superior court of the
county in which such corporation is located, he or she may
sell, compound or compromise bad or doubtful debts, and
upon such terms as the court shall direct borrow, mortgage,
pledge or sell all or any part of the real estate and personal
property of such corporation. He or she shall deliver to each
purchaser or lender an appropriate deed, mortgage, agreement of pledge or other instrument of title or security. If
real estate is situated outside of said county, a certified copy
of the orders authorizing and confirming the sale or mortgage thereof shall be filed for record in the office of the
[Title 30 RCW—page 47]
30.44.050
Title 30 RCW: Banks and Trust Companies
auditor of the county in which such property is situated. He
or she may appoint special assistants and other necessary
agents to assist in the administration and liquidation of such
corporation, a certificate of such appointment to be filed with
the clerk of the county in which such corporation is located.
He or she shall require each special assistant to give a surety
company bond, conditioned as he or she shall provide, the
premium of which shall be paid out of the assets of such
corporation. He or she may also employ an attorney for
legal assistance in such administration and liquidation.
[1994 c 92 § 111; 1955 c 33 § 30.44.050. Prior: 1933 c 42
§ 25; 1917 c 80 § 62; 1915 c 98 § 3; RRS § 3269.]
30.44.060 Notice to creditors—Claims. The director
shall publish once a week for four consecutive weeks in a
newspaper which he or she shall select, a notice requiring all
persons having claims against such corporation to make
proof thereof at the place therein specified not later than
ninety days from the date of the first publication of said
notice, which date shall be therein stated. He or she shall
mail similar notices to all persons whose names appear as
creditors upon the books of the corporation. He or she may
approve or reject any claims, but shall serve notice of
rejection upon the claimant by mail or personally. An
affidavit of service of such notice shall be prima facie
evidence thereof. No action shall be brought on any claim
after three months from the date of service of notice of
rejection.
Claims of depositors may be presented after the expiration of the time fixed in the notice, and, if approved, shall be
entitled to their proportion of prior dividends, if there be
funds sufficient therefor, and shall share in the distribution
of the remaining assets.
After the expiration of the time fixed in the notice the
director shall have no power to accept any claim except the
claim of a depositor, and all claims except the claims of
depositors shall be barred. [1994 c 92 § 112; 1955 c 33 §
30.44.060. Prior: 1923 c 115 § 10; 1917 c 80 § 63; 1915
c 98 § 4; RRS § 3270.]
30.44.070 Inventory—List of claims. Upon taking
possession of such corporation, the director shall make an
inventory of the assets in duplicate and file one in his or her
office and one in the office of the county clerk. Upon the
expiration of the time fixed for the presentation of claims, he
or she shall make a duplicate list of claims presented,
segregating those approved and those rejected, to be filed as
aforesaid. He or she shall also make and file a supplemental
list of claims at least fifteen days before the declaration of
any dividend, and in any event at least every six months.
[1994 c 92 § 113; 1955 c 33 § 30.44.070. Prior: 1917 c 80
§ 65; 1915 c 98 § 6; RRS § 3272.]
30.44.080 Objections to approved claims. Objection
may be made by any interested person to any claim approved by the director, which objection shall be determined
by the court upon such notice to the claimant and objector
as the court shall prescribe. [1994 c 92 § 114; 1955 c 33 §
30.44.080. Prior: 1917 c 80 § 67; 1915 c 98 § 8; RRS §
3274.]
[Title 30 RCW—page 48]
30.44.090 Dividends. At any time after the expiration
of the date fixed for the presentation of claims, the director,
subject to the approval of the court, may declare one or
more dividends out of the funds remaining in his or her
hands after the payment of expenses. [1994 c 92 § 115;
1955 c 33 § 30.44.090. Prior: 1917 c 80 § 66; 1915 c 98
§ 7; RRS § 3273.]
30.44.100 Receiver prohibited except in emergency.
No receiver shall be appointed by any court for any bank or
trust company nor shall any assignment of any bank or trust
company for the benefit of creditors be valid, excepting only
that a court otherwise having jurisdiction may in case of
imminent necessity appoint a temporary receiver to take
possession of and preserve the assets of such corporation.
Immediately upon any such appointment, the clerk of such
court shall notify the director by telegraph and mail of such
appointment and the director shall forthwith take possession
of such bank or trust company, as in case of insolvency, and
such temporary receiver shall upon demand of the director
surrender up to him or her such possession and all assets
which shall have come into the hands of such receiver. The
director shall in due course pay such receiver out of the
assets of such corporation such amount as the court shall
allow. [1994 c 92 § 116; 1955 c 33 § 30.44.100. Prior:
1917 c 80 § 69; 1915 c 98 § 9; RRS § 3276.]
30.44.110 Preferences prohibited—Penalty. Every
transfer of its property or assets by any bank or trust
company in this state, made in contemplation of insolvency,
or after it shall have become insolvent, with a view to the
preference of one creditor over another, or to prevent the
equal distribution of its property and assets among its
creditors, shall be void. Every director, officer or employee
making any such transfer shall be guilty of a felony. [1955
c 33 § 30.44.110. Prior: 1917 c 80 § 55; RRS § 3262.]
30.44.120 Receiving deposits when insolvent—
Penalty. An officer, director or employee of any bank or
trust company who shall fraudulently receive for it any
deposit, knowing that such bank or trust company is insolvent, shall be guilty of a felony. [1955 c 33 § 30.44.120.
Prior: 1933 c 42 § 26; 1917 c 80 § 81; RRS § 3288.]
Receiving deposits after insolvency prohibited: State Constitution Art. 12
§ 12.
30.44.130 Expense of liquidation. All expenses
incurred by the director in taking possession, administering
and winding up any such corporation, including the expenses
of assistants and reasonable fees for any attorney who may
be employed in connection therewith, and the reasonable
compensation of any special assistant placed in charge of
such corporation shall be a first charge upon the assets
thereof. Such charges shall be fixed by the director, subject
to the approval of the court. [1994 c 92 § 117; 1955 c 33
§ 30.44.130. Prior: 1917 c 80 § 64; 1915 c 98 § 5; RRS §
3271.]
30.44.140 Liquidation after claims are paid. When
all proper claims of depositors and creditors (not including
stockholders) have been paid, as well as all expenses of
(2002 Ed.)
Insolvency and Liquidation
30.44.140
administration and liquidation and proper provision has been
made for unclaimed or unpaid deposits and dividends, and
assets still remain in his or her hands, the director shall call
a meeting of the stockholders of such corporation, giving
thirty days’ notice thereof, by one publication in a newspaper
published in the county where such corporation is located.
At such meeting, each share shall entitle the holder thereof
to a vote in person or by proxy. A vote by ballot shall be
taken to determine whether the director shall wind up the
affairs of such corporation or the stockholders appoint an
agent to do so. The director, if so required, shall wind up
such corporation and distribute its assets to those entitled
thereto. If the appointment of an agent is determined upon,
the stockholders shall forthwith select such agent by ballot.
Such agent shall file a bond to the state of Washington in
such amount and so conditioned as the director shall require.
Thereupon the director shall transfer to such agent the assets
of such corporation then remaining in his or her hands, and
be relieved from further responsibility in reference to such
corporation. Such agent shall convert the assets of such
corporation into cash and distribute the same to the parties
thereunto entitled, subject to the supervision of the court. In
case of his or her death, removal or refusal to act, the
stockholders may select a successor with like powers. [1994
c 92 § 118; 1955 c 33 § 30.44.140. Prior: 1917 c 80 § 70;
RRS § 3277.]
dation by a vote of its stockholders owning two-thirds of its
capital stock. When such liquidation is authorized, the
directors of such corporation shall publish in a newspaper
published in the place where such corporation is located,
once a week for four consecutive weeks, a notice requiring
creditors of such corporation to present their claims against
it for payment. [1994 c 92 § 121; 1955 c 33 § 30.44.170.
Prior: 1917 c 80 § 74; RRS § 3281.]
30.44.150 Unclaimed dividends—Disposition. Any
dividends to depositors or other creditors of such bank or
trust company remaining uncalled for and unpaid in the
hands of the director for six months after order of final
distribution, shall be deposited in a bank or trust company to
his or her credit, in trust for the benefit of the persons
entitled thereto and subject to the supervision of the court
shall be paid by him or her to them upon receipt of satisfactory evidence of their right thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 119; 1955
c 33 § 30.44.150. Prior: 1923 c 115 § 11; 1917 c 80 § 71;
RRS § 3278.]
30.44.190 Disposition of unclaimed personal property. Whenever any bank or trust company shall be liquidated,
voluntarily or involuntarily, and shall retain in its possession
at the conclusion of the liquidation, uncalled for and unclaimed personal property left with it for safekeeping, such
property shall, in the presence of at least one witness, be
inventoried by the liquidating agent and sealed in separate
packages, each package plainly marked with the name and
last known address of the person in whose name the property
stands on the books of the bank or trust company. If the
property is in safe deposit boxes, such boxes shall be opened
by the liquidating agent in the presence of at least one
witness, and the property inventoried, sealed in packages and
marked as above required. All the packages shall be
transmitted to the director, together with certificates signed
by the liquidating agent and witness or witnesses, listing
separately the property standing in the name of any one
person on the books of the bank or trust company, together
with the date of inventory, and name and last known address
of the person in whose name the property stands. [1994 c
92 § 123; 1955 c 33 § 30.44.190. Prior: 1947 c 148 § 2;
Rem. Supp. 1947 § 3281-2.]
30.44.160 Voluntary closing—Notice. Any bank or
trust company may place itself under the control of the
director to be liquidated as herein provided by posting a
notice on its door as follows: "This bank (trust company) is
in the hands of the State Director of Financial Institutions."
Immediately upon the posting of such notice, the
officers of such corporation shall notify the director thereof
by telegraph and mail. The posting of such notice or the
taking possession of any bank or trust company by the director shall be sufficient to place all of its assets and property
of every nature in his or her possession and bar all attachment proceedings. [1994 c 92 § 120; 1955 c 33 §
30.44.160. Prior: 1917 c 80 § 72; RRS § 3279.]
30.44.170 Voluntary liquidation—Notice to creditors. Any bank or trust company may, upon receipt of
written permission from the director, go into voluntary liqui(2002 Ed.)
30.44.180 Unclaimed dividends on voluntary
liquidation. Whenever any bank or trust company shall
voluntarily liquidate, any dividends to depositors or other
creditors of such bank or trust company remaining uncalled
for and unpaid at the conclusion of the liquidation shall be
transmitted to the director and shall be deposited by him or
her in a bank or trust company to his or her credit in trust
for the benefit of the persons entitled thereto, and shall be
paid by him or her to them upon receipt of satisfactory
evidence of their right thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 122; 1955
c 33 § 30.44.180. Prior: 1947 c 148 § 1; Rem. Supp. 1947
§ 3281-1.]
30.44.200 Duty of director—Notice to owner. Upon
receiving possession of the packages, the director shall cause
them to be opened in the presence of at least one witness,
the property reinventoried, and the packages resealed, and
held for safekeeping. The liquidated bank, its directors,
officers, and shareholders, and the liquidating agent shall
thereupon be relieved of responsibility and liability for the
property so delivered to and received by the director. The
director shall send immediately to each person in whose
name the property stood on the books of the liquidated bank
or trust company, at his or her last known address, in a
[Title 30 RCW—page 49]
30.44.200
Title 30 RCW: Banks and Trust Companies
securely closed, postpaid and registered letter, a notice that
the property listed will be held in his or her name for a
period of not less than two years. At any time after the
mailing of such notice, and before the expiration of two
years, such person may require the delivery of the property
so held, by properly identifying himself or herself and
offering evidence of his or her right thereto, to the satisfaction of the director. [1994 c 92 § 124; 1955 c 33 §
30.44.200. Prior: 1947 c 148 § 3; Rem. Supp. 1947 §
3281-3.]
30.44.210 Final notice after two years—Sale. After
the expiration of two years from the time of mailing the
notice, the director shall mail in a securely closed postpaid
registered letter, addressed to the person at his or her last
known address, a final notice stating that two years have
elapsed since the sending of the notice referred to in RCW
30.44.200, and that the director will sell all the property or
articles of value set out in the notice, at a specified time and
place, not less than thirty days after the time of mailing the
final notice. Unless the person shall, on or before the day
mentioned, claim the property, identify himself or herself
and offer evidence of his or her right thereto, to the satisfaction of the director, the director may sell all the property or
articles of value listed in the notice, at public auction, at the
time and place stated in the final notice: PROVIDED, That
a notice of the time and place of sale has been published
once within ten days prior to the sale in a newspaper of general circulation in the county where the sale is held. Any
such property held by the director, the owner of which is not
known, may be sold at public auction after it has been held
by the director for two years, provided, that a notice of the
time and place of sale has been published once within ten
days prior to the sale in a newspaper of general circulation
in the county where the sale is held. [1994 c 92 § 125; 1985
c 469 § 15; 1955 c 33 § 30.44.210. Prior: 1947 c 148 § 4;
Rem. Supp. 1947 § 3281-4.]
30.44.220 Disposition of proceeds—Escheat. The
proceeds of such sale shall be deposited by the director in a
bank or trust company to his or her credit, in trust for the
benefit of the person entitled thereto, and shall be paid by
him or her to such person upon receipt of satisfactory
evidence of his or her right thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 126; 1955
c 33 § 30.44.220. Prior: 1947 c 148 § 5; Rem. Supp. 1947
§ 3281-5.]
30.44.230 Procedure as to papers, documents, etc.
Whenever the personal property held by a liquidated bank or
trust company shall consist either wholly or in part, of
documents, letters, or other papers of a private nature, such
documents, letters, or papers shall not be sold, but shall be
retained by the director for a period of five years, and,
unless sooner claimed by the owner, may be thereafter
destroyed in the presence of the director and at least one
[Title 30 RCW—page 50]
other witness. [1994 c 92 § 127; 1955 c 33 § 30.44.230.
Prior: 1947 c 148 § 6; Rem. Supp. 1947 § 3281-6.]
30.44.240 Transfer of assets and liabilities to
another bank or trust company. A bank or trust company
may for the purpose of voluntary liquidation transfer its
assets and liabilities to another bank or trust company, by a
vote, or with the written consent of the stockholders of
record owning two-thirds of its capital stock, but only with
the written consent of the director and upon such terms and
conditions as he or she may prescribe. Upon any such
transfer being made, or upon the liquidation of any such
corporation for any cause whatever or upon its being no
longer engaged in the business of a bank or trust company,
the director shall terminate its certificate of authority, which
shall not thereafter be revived or renewed. When the
certificate of authority of any such corporation shall have
been revoked, it shall forthwith collect and distribute its
remaining assets, and when that is done the director shall
certify the fact to the secretary of state, whereupon the
corporation shall cease to exist and the secretary of state
shall note that fact upon his or her records. [1994 c 92 §
128; 1955 c 33 § 30.44.240. Prior: 1953 c 236 § 1; 1923
c 115 § 12; 1919 c 209 § 17; 1917 c 80 § 75; RRS § 3282.]
30.44.250 Reopening. Whenever the director has
taken possession of a bank or trust company for any cause,
he or she may wind up such corporation and cancel its
certificate of authority, unless enjoined from so doing, as
herein provided. Or if at any time within ninety days after
taking possession, he or she shall determine that all impairment and delinquencies have been made good, and that it is
safe and expedient for such corporation to reopen, he or she
may permit such corporation to reopen upon such terms and
conditions as he or she shall prescribe. Before being
permitted to reopen, every such corporation shall pay all of
the expenses of the director, as herein elsewhere defined.
[1994 c 92 § 129; 1955 c 33 § 30.44.250. Prior: 1917 c 80
§ 73; RRS § 3280.]
30.44.260 Destruction of records after liquidation.
Where any files, records, documents, books of account or
other papers have been taken over and are in the possession
of the director in connection with the liquidation of any
insolvent banks or trust companies under the laws of this
state, the director may, in his or her discretion at any time
after the expiration of one year from the declaration of the
final dividend, or from the date when such liquidation has
been entirely completed, destroy any of the files, records,
documents, books of account or other papers which may
appear to the director to be obsolete or unnecessary for
future reference as part of the liquidation and files of his or
her office. [1994 c 92 § 130; 1955 c 33 § 30.44.260. Prior:
1925 ex.s. c 55 § 1; RRS § 3277-1.]
30.44.270 Federal deposit insurance corporation as
receiver or liquidator—Appointment—Powers and duties.
The federal deposit insurance corporation is hereby authorized and empowered to be and act without bond as receiver
or liquidator of any bank or trust company the deposits in
which are to any extent insured by that corporation and
(2002 Ed.)
Insolvency and Liquidation
which shall have been closed on account of inability to meet
the demands of its depositors. In the event of such closing,
the director may appoint the federal deposit insurance
corporation as receiver or liquidator of such bank or trust
company. If the corporation accepts such appointment, it
shall have and possess all the powers and privileges provided
by the laws of this state with respect to a liquidator of a
bank or trust company, its depositors and other creditors, and
be subject to all the duties of such liquidator, except insofar
as such powers, privileges, or duties are in conflict with the
provisions of the federal deposit insurance act, as now or
hereafter amended. [1994 c 92 § 131; 1973 1st ex.s. c 54 §
1.]
30.44.280 Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not
hindered by judicial review—Liability. The pendency of
any proceedings for judicial review of the director’s actions
in taking possession and control of a bank or trust company
and its assets for the purpose of liquidation shall not operate
to defer, delay, impede, or prevent the payment or acquisition by the federal deposit insurance corporation of the
deposit liabilities of the bank or trust company which are
insured by the corporation. During the pendency of any
proceedings for judicial review, the director shall make
available to the federal deposit insurance corporation such
facilities in or of the bank or trust company and such books,
records, and other relevant data of the bank or trust company
as may be necessary or appropriate to enable the corporation
to pay out or to acquire the insured deposit liabilities of the
bank or trust company. The federal deposit insurance corporation and its directors, officers, agents, and employees,
and the director and his or her agents and employees shall be
free from liability to the bank or trust company, its directors,
stockholders, and creditors for or on account of any action
taken in connection herewith. [1994 c 92 § 132; 1973 1st
ex.s. c 54 § 2.]
Chapter 30.46
SUPERVISORY DIRECTION—
CONSERVATORSHIP
Sections
30.46.010
30.46.020
30.46.030
30.46.040
30.46.050
30.46.060
30.46.070
30.46.080
30.46.090
30.46.100
Definitions.
Grounds for determining need for supervisory direction—
Abatement of determination—Supervisory direction,
procedure—Conservator.
Supervisory direction—Appointment of representative to
supervise—Restrictions on operations.
Conservator—Appointment—Grounds—Powers, duties, and
functions.
Costs as charge against bank’s assets.
Request for review of action—Stay of action—Orders subject to review.
Suits against bank or conservator, where brought—Suits by
conservator.
Duration of conservator’s term—Rehabilitated banks—
Management.
Authority of director.
Rules.
30.46.010 Definitions. For the purposes of this
chapter the following terms shall be defined as follows:
(2002 Ed.)
30.44.270
(1) "Unsafe condition" shall mean and include, but not
be limited to, any one or more of the following circumstances:
(a) If a bank’s capital is impaired or impairment of
capital is threatened;
(b) If a bank violates the provisions of Title 30 RCW or
any other law or regulation applicable to banks;
(c) If a bank conducts a fraudulent or questionable
practice in the conduct of its business that endangers the
bank’s reputation or threatens its solvency;
(d) If a bank conducts its business in an unsafe or
unauthorized manner;
(e) If a bank violates any conditions of its charter or any
agreement entered with the director; or
(f) If a bank fails to carry out any authorized order or
direction of the examiner or the director.
(2) "Exceeded its powers" shall mean and include, but
not be limited to the following circumstances:
(a) If a bank has refused to permit examination of its
books, papers, accounts, records, or affairs by the director,
assistant director, or duly commissioned examiners; or
(b) If a bank has neglected or refused to observe an
order of the director to make good, within the time prescribed, any impairment of its capital.
(3) "Consent" includes and means a written agreement
by the bank to either supervisory direction or conservatorship
under this chapter. [1994 c 92 § 133; 1975 1st ex.s. c 87 §
1.]
30.46.020 Grounds for determining need for
supervisory direction—Abatement of determination—
Supervisory direction, procedure—Conservator. If upon
examination or at any other time it appears to the director
that any bank is in an unsafe condition and its condition is
such as to render the continuance of its business hazardous
to the public or to its depositors and creditors, or if such
bank appears to have exceeded its powers or has failed to
comply with the law, or if such bank gives its consent, then
the director shall upon his or her determination (1) notify the
bank of his or her determination, and (2) furnish to the bank
a written list of the director requirements to abate his or her
determination, and (3) if the director makes further determination to directly supervise, he or she shall notify the bank
that it is under the supervisory direction of the director and
that the director is invoking the provisions of this chapter.
If placed under supervisory direction the bank shall comply
with the lawful requirements of the director within such time
as provided in the notice of the director, subject however, to
the provisions of this chapter. If the bank fails to comply
within such time the director may appoint a conservator as
hereafter provided. [1994 c 92 § 134; 1975 1st ex.s. c 87 §
2.]
30.46.030 Supervisory direction—Appointment of
representative to supervise—Restrictions on operations.
During the period of supervisory direction the director may
appoint a representative to supervise such bank and may
provide that the bank may not do any of the following
during the period of supervisory direction, without the prior
approval of the director or the appointed representative.
(1) Dispose of, convey or encumber any of the assets;
[Title 30 RCW—page 51]
30.46.030
Title 30 RCW: Banks and Trust Companies
(2) Withdraw any of its bank accounts;
(3) Lend any of its funds;
(4) Invest any of its funds;
(5) Transfer any of its property; or
(6) Incur any debt, obligation, or liability. [1994 c 92
§ 135; 1975 1st ex.s. c 87 § 3.]
30.46.040 Conservator—Appointment—Grounds—
Powers, duties, and functions. After the period of supervisory direction specified by the director for compliance, if he
or she determines that such bank has failed to comply with
the lawful requirements imposed, upon due notice and
hearing or by consent of the bank, the director may appoint
a conservator, who shall immediately take charge of such
bank and all of its property, books, records, and effects. The
conservator shall conduct the business of the bank and take
such steps toward the removal of the causes and conditions
which have necessitated such order, as the director may
direct. During the pendency of the conservatorship the
conservator shall make such reports to the director from time
to time as may be required by the director, and shall be
empowered to take all necessary measures to preserve,
protect, and recover any assets or property of such bank,
including claims or causes of actions belonging to or which
may be asserted by such bank, and to deal with the same in
his or her own name as conservator, and shall be empowered
to file, prosecute, and defend any suit and suits which have
been filed or which may thereafter be filed by or against
such bank which are deemed by the conservator to be
necessary to protect all of the interested parties for a
property affected thereby. The director, or any newly
appointed assistant, may be appointed to serve as conservator. If the director, however, is satisfied that such bank is
not in condition to continue business in the interest of its
depositors or creditors under the conservator as above
provided, the director may proceed with appropriate remedies provided by other provisions of this title. [1994 c 92 §
136; 1975 1st ex.s. c 87 § 4.]
30.46.050 Costs as charge against bank’s assets. All
costs incident to supervisory direction and the conservatorship shall be fixed and determined by the director and shall
be a charge against the assets of the bank to be allowed and
paid as the director may determine. [1994 c 92 § 137; 1975
1st ex.s. c 87 § 5.]
30.46.060 Request for review of action—Stay of
action—Orders subject to review. During the period of
the supervisory direction and during the period of conservatorship, the bank may request the director to review an
action taken or proposed to be taken by the representative or
conservator; specifying wherein the action complained of is
believed not to be in the best interest of the bank, and such
request shall stay the action specified pending review of such
action by the director. Any order entered by the director
appointing a representative and providing that the bank shall
not do certain acts as provided in RCW 30.46.030 and
30.46.040, any order entered by the director appointing a
conservator, and any order by the director following the
review of an action of the representative or conservator as
herein above provided shall be subject to review in accor[Title 30 RCW—page 52]
dance with the administrative procedure act of the state of
Washington. [1994 c 92 § 138; 1975 1st ex.s. c 87 § 6.]
30.46.070 Suits against bank or conservator, where
brought—Suits by conservator. Any suit filed against a
bank or its conservator, after the entrance of an order by the
director placing such bank in conservatorship and while such
order is in effect, shall be brought in the superior court of
Thurston county and not elsewhere. The conservator
appointed hereunder for such bank may file suit in any
superior court or other court of competent jurisdiction
against any person for the purpose of preserving, protecting,
or recovering any asset or property of such bank including
claims or causes of action belonging to or which may be
asserted by such bank. [1994 c 92 § 139; 1975 1st ex.s. c
87 § 7.]
30.46.080 Duration of conservator’s term—
Rehabilitated banks—Management. The conservator shall
serve for such time as is necessary to accomplish the purposes of the conservatorship as intended by this chapter. If
rehabilitated, the rehabilitated bank shall be returned to
management or new managements under such conditions as
are reasonable and necessary to prevent recurrence of the
condition which occasioned the conservatorship. [1975 1st
ex.s. c 87 § 8.]
30.46.090 Authority of director. If the director
determines to act under authority of this chapter, the sequence of his or her acts and proceedings shall be as set
forth in this chapter. However, it is the purpose and
substance of this chapter to authorize administrative discretion—to allow the director administrative discretion in the
event of unsound banking operations—and in furtherance of
that purpose the director is hereby authorized to proceed
with regulation either under this chapter or under any other
applicable provisions of law or under this chapter in connection with other law, either as such law is now existing or is
hereinafter enacted, and it is so provided. [1994 c 92 § 140;
1975 1st ex.s. c 87 § 9.]
30.46.100 Rules. The director is empowered to adopt
and promulgate such reasonable rules as may be necessary
for the implementation of this chapter and its purposes.
[1994 c 92 § 141; 1975 1st ex.s. c 87 § 10.]
Chapter 30.49
MERGER, CONSOLIDATION, AND CONVERSION
Sections
30.49.010
30.49.020
30.49.030
30.49.040
30.49.050
30.49.060
Definitions.
State bank to resulting national bank—Laws applicable—
Vote required—Termination of franchise.
State or national bank to resulting state bank—Law applicable to nationals.
Merger to resulting state bank—Exception—Agreement,
contents, approval, amendment.
Merger to resulting state bank—Stockholders’ vote—Notice
of meeting—Waiver of notice.
Merger to resulting state bank—Effective date—Termination
of charters—Certificate of merger.
(2002 Ed.)
Merger, Consolidation, and Conversion
30.49.070
Conversion of national to state bank—Requirements—
Procedure.
30.49.080 Resulting bank as same business and corporate entity—Use
of name of merging, converting bank.
30.49.090 Rights of dissenting shareholder—Appraisal—Amount due
as debt.
30.49.100 Provision for successors to fiduciary positions.
30.49.110 Assets, business—Time for conformance with state law.
30.49.120 Resulting state bank—Valuation of certain assets limited.
30.49.125 Resulting bank has branches inside and outside of state—
Application—Definitions—Combination or purchase and
assumption requires director’s approval—Deposit concentration limits.
30.49.130 Severability—1955 c 33.
Reorganization as subsidiary of bank holding company: RCW 30.04.550
through 30.04.570.
30.49.010 Definitions. As used in this chapter:
"Merging bank" means a party to a merger;
"Converting bank" means a bank converting from a state
to a national bank, or the reverse;
"Merger" includes consolidation;
"Resulting bank" means the bank resulting from a
merger or conversion.
Wherever reference is made to a vote of stockholders or
a vote of classes of stockholders it shall mean only a vote of
those entitled to vote under the terms of such shares. [1986
c 279 § 43; 1955 c 33 § 30.49.010. Prior: 1953 c 234 § 1.]
30.49.020 State bank to resulting national bank—
Laws applicable—Vote required—Termination of franchise. This section is applicable where there is to be a resulting national bank.
Nothing in the law of this state shall restrict the right of
a state bank to merge with or convert into a resulting
national bank. The action to be taken by such merging or
converting state bank and its rights and liabilities and those
of its shareholders shall be the same as those prescribed at
the time of the action for national banks merging with or
converting into a resulting state bank by the law of the
United States, and not by the law of this state, except that a
vote of the holders of two-thirds of each class of voting
stock of a state bank shall be required for the merger or
conversion, and that on conversion by a state into a national
bank the rights of dissenting stockholders shall be those
specified in RCW 30.49.090.
Upon the completion of the merger or conversion, the
franchise of any merging or converting state bank shall
automatically terminate. [1955 c 33 § 30.49.020. Prior:
1953 c 234 § 2.]
30.49.030 State or national bank to resulting state
bank—Law applicable to nationals. This section is
applicable where there is to be a resulting state bank.
Upon approval by the director, state or national banks
may be merged to result in a state bank, or a national bank
may convert into a state bank as hereafter prescribed, except
that the action by a national bank shall be taken in the
manner prescribed by and shall be subject to limitations and
requirements imposed by the law of the United States which
shall also govern the rights of its dissenting shareholders.
[1994 c 92 § 142; 1955 c 33 § 30.49.030. Prior: 1953 c
234 § 3.]
(2002 Ed.)
Chapter 30.49
30.49.040 Merger to resulting state bank—
Exception—Agreement, contents, approval, amendment.
This section is applicable where there is to be a resulting
state bank, except in the case of reorganization and exchange
as authorized by this title.
(1) The board of directors of each merging state bank
shall, by a majority of the entire board, approve a merger
agreement which shall contain:
(a) The name of each merging state or national bank
and location of each office;
(b) With respect to the resulting state bank, (i) the name
and location of the principal and other offices; (ii) the name
and mailing address of each director to serve until the next
annual meeting of the stockholders; (iii) the name and
mailing address of each officer; (iv) the amount of capital,
the number of shares and the par value, if any, of each
share; and (v) the amendments to its charters and bylaws;
(c) Provisions governing the exchange of shares of the
merging state or national banks for such consideration as has
been agreed to in the merger agreement;
(d) A statement that the agreement is subject to approval
by the director and the stockholders of each merging state or
national bank;
(e) Provisions governing the manner of disposing of the
shares of the resulting state bank if such shares are to be
issued in the transaction and are not taken by dissenting
shareholders of merging state or national banks;
(f) Such other provisions as the director requires to
discharge his or her duties with respect to the merger;
(2) After approval by the board of directors of each
merging state bank, the merger agreement shall be submitted
to the director for approval, together with certified copies of
the authorizing resolutions of each board of directors
showing approval by a majority of the entire board and
evidence of proper action by the board of directors of any
merging national bank;
(3) Within sixty days after receipt by the director of the
papers specified in subsection (2) of this section, the director
shall approve or disapprove of the merger agreement, and if
no action is taken, the agreement shall be deemed approved.
The director shall approve the agreement if it appears that:
(a) The resulting state bank meets the requirements of
state law as to the formation of a new state bank;
(b) The agreement provides an adequate capital structure
including surplus in relation to the deposit liabilities of the
resulting state bank and its other activities which are to
continue or are to be undertaken;
(c) The agreement is fair;
(d) The merger is not contrary to the public interest.
If the director disapproves an agreement, he or she shall
state his or her objections and give an opportunity to the
merging state or national banks to amend the merger
agreement to obviate such objections. [1994 c 92 § 143;
1986 c 279 § 49; 1982 c 196 § 9; 1955 c 33 § 30.49.040.
Prior: 1953 c 234 § 4.]
Severability—1982 c 196: See note following RCW 30.04.550.
Reorganization as subsidiary of bank holding company: RCW 30.04.550
through 30.04.570.
[Title 30 RCW—page 53]
30.49.050
Title 30 RCW: Banks and Trust Companies
30.49.050 Merger to resulting state bank—
Stockholders’ vote—Notice of meeting—Waiver of notice.
To be effective, a merger which is to result in a state bank
must be approved by the stockholders of each merging state
bank by a vote of two-thirds of the outstanding voting stock
of each class at a meeting called to consider such action,
which vote shall constitute the adoption of the charter and
bylaws of the resulting state bank, including the amendments
in the merger agreement.
Unless waived in writing, notice of the meeting of
stockholders shall be given by publication in a newspaper of
general circulation in the place where the principal office of
each merging state bank is located, at least once each week
for four successive weeks, and by mail, at least fifteen days
before the date of the meeting, to each stockholder of record
of each merging state bank at his address on the books of his
bank; no notice of publication need be given if written
waivers are received from the holders of two-thirds of the
outstanding shares of each class of stock. The notice shall
state that dissenting stockholders will be entitled to payment
of the value of only those shares which are voted against
approval of the plan. [1955 c 33 § 30.49.050. Prior: 1953
c 234 § 5.]
30.49.060 Merger to resulting state bank—Effective
date—Termination of charters—Certificate of merger.
A merger which is to result in a state bank shall, unless a
later date is specified in the agreement, become effective
after the filing with and upon the approval of the director of
the executed agreement together with copies of the resolutions of the stockholders of each merging state or national
bank approving it, certified by the bank’s president or a vice
president and a secretary. The charters of the merging
banks, other than the resulting bank, shall thereupon automatically terminate.
The director shall thereupon issue to the resulting state
bank a certificate of merger specifying the name of each
merging state or national bank and the name of the resulting
state bank. Such certificate shall be conclusive evidence of
the merger and of the correctness of all proceedings therefor
in all courts and places, and may be recorded in any office
for the recording of deeds to evidence the new name in
which the property of the merging state or national bank is
held. [1994 c 92 § 144; 1955 c 33 § 30.49.060. Prior:
1953 c 234 § 6.]
30.49.070 Conversion of national to state bank—
Requirements—Procedure. Except as provided in RCW
30.49.100, a national bank located in this state which follows
the procedure prescribed by the laws of the United States to
convert into a state bank shall be granted a state charter by
the director if he or she finds that the bank meets the
standards as to location of offices, capital structures, and
business experience and character of officers and directors
for the incorporation of a state bank.
The national bank may apply for such charter by filing
with the director a certificate signed by its president and
cashier and by a majority of the entire board of directors,
setting forth the corporate action taken in compliance with
the provisions of the laws of the United States governing the
conversion of a national to a state bank, and the articles of
[Title 30 RCW—page 54]
incorporation, approved by the stockholders, for the government of the bank as a state bank. [1994 c 92 § 145; 1955
c 33 § 30.49.070. Prior: 1953 c 234 § 7.]
30.49.080 Resulting bank as same business and
corporate entity—Use of name of merging, converting
bank. A resulting state or national bank shall be the same
business and corporate entity as each merging state or
national bank or as the converting state or national bank with
all property, rights, powers and duties of each merging state
or national bank or the converting state or national bank,
except as affected by the state law in the case of a resulting
state bank or the federal law in the case of a resulting
national bank, and by the charter and bylaws of the resulting
state or national bank.
A resulting state or national bank shall have the right to
use the name of any merging state or national bank or of the
converting bank whenever it can do any act under such name
more conveniently.
Any reference to a merging or converting state or
national bank in any writing, whether executed or taking
effect before or after the merger or conversion, shall be
deemed a reference to the resulting state or national bank if
not inconsistent with the other provisions of such writing.
[1955 c 33 § 30.49.080. Prior: 1953 c 234 § 8.]
30.49.090 Rights of dissenting shareholder—
Appraisal—Amount due as debt. The owner of shares of
a state bank which were voted against a merger to result in
a state bank, or against the conversion of a state bank into
a national bank, shall be entitled to receive their value in
cash, if and when the merger or conversion becomes
effective, upon written demand made to the resulting state or
national bank at any time within thirty days after the
effective date of the merger or conversion, accompanied by
the surrender of the stock certificates. The value of such
shares shall be determined, as of the date of the
shareholders’ meeting approving the merger or conversion,
by three appraisers, one to be selected by the owners of twothirds of the dissenting shares, one by the board of directors
of the resulting state or national bank, and the third by the
two so chosen. The valuation agreed upon by any two
appraisers shall govern. If the appraisal is not completed
within ninety days after the merger or conversion becomes
effective, the director shall cause an appraisal to be made.
The dissenting shareholders shall bear, on a pro rata
basis based on the number of dissenting shares owned, the
cost of their appraisal and one-half of the cost of a third
appraisal, and the resulting bank shall bear the cost of its
appraisal and one-half of the cost of the third appraisal. If
the director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the resulting bank, with the dissenting shareholders
sharing their half of the cost on a pro rata basis based on the
number of dissenting shares owned.
The resulting state or national bank may fix an amount
which it considers to be not more than the fair market value
of the shares of a merging or the converting bank at the time
of the stockholders’ meeting approving the merger or
conversion, which it will pay dissenting shareholders of the
bank entitled to payment in cash. The amount due under
(2002 Ed.)
Merger, Consolidation, and Conversion
such accepted offer or under the appraisal shall constitute a
debt of the resulting state or national bank. [1994 c 256 §
58; 1994 c 92 § 146; 1955 c 33 § 30.49.090. Prior: 1953
c 234 § 9.]
Reviser’s note: This section was amended by 1994 c 92 § 146 and
by 1994 c 256 § 58, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.49.100 Provision for successors to fiduciary
positions. Where a resulting state bank is not to exercise
trust powers, the director shall not approve a merger or
conversion until satisfied that adequate provision has been
made for successors to fiduciary positions held by the
merging state or national banks or the converting state or
national bank. [1994 c 92 § 147; 1955 c 33 § 30.49.100.
Prior: 1953 c 234 § 10.]
30.49.110 Assets, business—Time for conformance
with state law. If a merging or converting state or national
bank has assets which do not conform to the requirements of
state law for the resulting state bank or carries on business
activities which are not permitted for the resulting state bank,
the director may permit a reasonable time to conform with
state law. [1994 c 92 § 148; 1955 c 33 § 30.49.110. Prior:
1953 c 234 § 11.]
30.49.120 Resulting state bank—Valuation of
certain assets limited. Without approval by the director no
asset shall be carried on the books of the resulting state bank
at a valuation higher than that on the books of the merging
or converting state or national bank at the time of its last
examination by a state examiner or national bank examiner
before the effective date of the merger or conversion. [1994
c 92 § 149; 1955 c 33 § 30.49.120. Prior: 1953 c 234 §
12.]
30.49.125 Resulting bank has branches inside and
outside of state—Application—Definitions—Combination
or purchase and assumption requires director’s approval—Deposit concentration limits. (1) This section is
applicable where the resulting bank would have branches
inside and outside the state of Washington.
(2) As used in this section, unless a different meaning
is required by the context, the following words and phrases
have the following meanings:
(a) "Combination" means a merger or consolidation, or
purchase or sale of all or substantially all of the assets,
including all or substantially all of the branches.
(b) "Out-of-state bank" means a bank, as defined in 12
U.S.C. Sec. 1813(a), which is chartered under the laws of
any state other than this state, or a national bank, the main
office of which is located in any state other than this state.
(c) "State" means any state of the United States, the
District of Columbia, any territory of the United States,
Puerto Rico, Guam, American Samoa, the Trust Territory of
the Pacific Islands, the Virgin Islands, and the Northern
Mariana Islands.
(3) A bank chartered under this title may engage in a
combination or purchase and assumption of one or more
(2002 Ed.)
30.49.090
branches of an out-of-state bank with an out-of-state bank
with the prior approval of the director if the combination or
purchase and assumption would result in a bank chartered
under this title. Upon notice to the director a bank chartered
under this title and an out-of-state bank may engage in a
combination if the combination would result in an out-ofstate bank. However, that combination shall comply with
applicable Washington law as determined by the director,
including but not limited to applicable state merger laws, and
the conditions and requirements of this section.
(4) Applications for the director’s approval under
subsection (3) of this section shall be on a form prescribed
by the director and conditioned upon payment of the fee
prescribed pursuant to RCW 30.08.095. If the director finds
that (a) the proposed combination will not be detrimental to
the safety and soundness of the applicant or the resulting
bank, (b) any new officers and directors of the resulting
bank are qualified by character, experience, and financial
responsibility to direct and manage the resulting bank, and
(c) the proposed merger is consistent with the convenience
and needs of the communities to be served by the resulting
bank in this state and is otherwise in the public interest, the
director shall approve the interstate combination and the
operation of branches outside of Washington by the applicant
bank. This transaction may be consummated only after the
applicant has received evidence of the director’s written
approval.
(5) Any out-of-state bank that will be the resulting bank
pursuant to an interstate combination involving a bank
chartered under this title shall notify the director of the
proposed combination not later than three days after the date
of filing of an application for the combination with the
responsible federal bank supervisory agency, and shall
submit a copy of that application to the director and pay
applicable filing fees, if any, required by the director. In
lieu of notice from the proposed resulting bank the director
may accept notice from the bank’s supervisory agency
having primary responsibility for the bank. The director
shall have the authority to waive any procedures required by
Washington merger laws if the director finds that the
procedures are in conflict with applicable federal law or in
conflict with the applicable law of the state of the resulting
bank.
(6) Subject to RCW 30.38.010(2), the deposit concentration limits stated in 12 U.S.C. Sec. 1831u(b)(2)(B) shall
apply to the combination of an out-of-state bank and a
nonaffiliated out-of-state bank or bank organized under this
title or under the national bank act if the combination is an
interstate merger transaction as defined by 12 U.S.C. Sec.
1831u(f)(6).
(7) A combination resulting in the acquisition, by an
out-of-state bank that does not have branches in this state, of
a bank organized under this title or the national bank act,
shall not be permitted under this chapter unless the bank to
be acquired, or its predecessors, have been in continuous
operation, on the date of the combination, for a period of at
least five years. [1996 c 2 § 9.]
Severability—1996 c 2: See RCW 30.38.900.
30.49.130 Severability—1955 c 33. If any provision
of this chapter or the application thereof to any person or
[Title 30 RCW—page 55]
30.49.130
Title 30 RCW: Banks and Trust Companies
circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of the chapter are declared to be
severable. The invalidity of any provision as to a national
bank or as to the stockholders of a national bank shall not
affect its validity as to a state bank or as to the stockholders
of a state bank. [1955 c 33 § 30.49.130. Prior: 1953 c 234
§ 13.]
Chapter 30.53
MERGING TRUST COMPANIES
Sections
30.53.010
30.53.020
30.53.030
30.53.040
30.53.050
30.53.060
30.53.070
30.53.080
Definitions.
Approval by director—Required.
Contents of merger agreement—Approval by each board of
directors—Requirements for director’s approval.
Approval by stockholders—Voting—Notice.
Effective date of merger—Certificate of merger.
Resulting trust company—Property, rights, powers, and
duties.
Dissenting shareholders—May receive value in cash—
Appraisal.
Valuation of assets—Books of merging trust company.
30.53.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
through this chapter.
(1) "Merging trust company" means a party to a merger.
(2) "Merger" includes consolidation.
(3) "Resulting trust company" means the trust company
resulting from a merger.
(4) "Vote of stockholders" or "vote of classes of
stockholders" means only a vote of those entitled to vote
under the terms of such shares. [1994 c 256 § 59.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.020 Approval by director—Required. Upon
approval by the director, trust companies may be merged to
result in a trust company. [1994 c 256 § 60.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.030 Contents of merger agreement—Approval
by each board of directors—Requirements for director’s
approval. (1) The board of directors of each merging trust
company shall, by a majority of the entire board, approve a
merger agreement that must contain:
(a) The name of each merging trust company and
location of each office;
(b) With respect to the resulting trust company, (i) the
name and location of the principal and other offices; (ii) the
name and mailing address of each director to serve until the
next annual meeting of the stockholders; (iii) the name and
mailing address of each officer; (iv) the amount of capital,
the number of shares and the par value, if any, of each
share; and (v) the amendments to its charters and bylaws;
(c) Provisions governing the exchange of shares of the
merging trust companies for such consideration as has been
agreed to in the merger agreement;
[Title 30 RCW—page 56]
(d) A statement that the agreement is subject to approval
by the director and the stockholders of each merging trust
company;
(e) Provisions governing the manner of disposing of the
shares of the resulting trust company if the shares are to be
issued in the transaction and are not taken by dissenting
shareholders of merging trust companies; and
(f) Any other provisions the director requires to discharge his or her duties with respect to the merger;
(2) After approval by the board of directors of each
merging trust company, the merger agreement shall be
submitted to the director for approval, together with certified
copies of the authorizing resolutions of each board of directors showing approval by a majority of the entire board.
Within sixty days after receipt by the director of the merger
agreement and resolutions, the director shall approve or
disapprove of the merger agreement, and if no action is
taken, the agreement is deemed approved. The director shall
approve the agreement if it appears that the:
(a) Resulting trust company meets the requirements of
state law as to the formation of a new trust company;
(b) Agreement provides an adequate capital structure
including surplus in relation to the deposit liabilities, if any,
of the resulting trust company and its other activities which
are to continue or are to be undertaken;
(c) Agreement is fair; and
(d) Merger is not contrary to the public interest.
If the director disapproves an agreement, he or she shall
state his or her objections and give an opportunity to the
merging trust company to amend the merger agreement to
obviate such objections. [1994 c 256 § 61.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.040 Approval by stockholders—Voting—
Notice. (1) To be effective, a merger that is to result in a
trust company must be approved by the stockholders of each
merging trust company by a vote of two-thirds of the
outstanding voting stock of each class at a meeting called to
consider such action. This vote shall constitute the adoption
of the charter and bylaws of the resulting trust company,
including the amendments in the merger agreement.
(2) Unless waived in writing, notice of the meeting of
stockholders shall be given by publication in a newspaper of
general circulation in the place where the principal office of
each merging trust company is located, at least once each
week for four successive weeks, and by mail, at least fifteen
days before the date of the meeting, to each stockholder of
record of each merging trust company at the address on the
books of the stockholder’s trust company. No notice of
publication need be given if written waivers are received
from the holders of two-thirds of the outstanding shares of
each class of stock. The notice shall state that dissenting
stockholders will be entitled to payment of the value of only
those shares which are voted against approval of the plan.
[1994 c 256 § 62.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.050 Effective date of merger—Certificate of
merger. (1) A merger that is to result in a trust company
shall, unless a later date is specified in the agreement,
become effective after the filing with and upon the approval
(2002 Ed.)
Merging Trust Companies
of the director of the executed agreement together with
copies of the resolutions of the stockholders of each merging
trust company approving it, certified by the trust company’s
president or a vice-president and a secretary. The charters
of the merging trust companies, other than the resulting trust
company, shall immediately after that automatically terminate.
(2) The director shall immediately after that issue to the
resulting trust company a certificate of merger specifying the
name of each merging trust company and the name of the
resulting trust company. The certificate shall be conclusive
evidence of the merger and of the correctness of all proceedings regarding the merger in all courts and places, and may
be recorded in any office for the recording of deeds to
evidence the new name in which the property of the merging
trust companies is held. [1994 c 256 § 63.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.050
(3) The resulting trust company may fix an amount
which it considers to be not more than the fair market value
of the shares of a merging trust company at the time of the
stockholders’ meeting approving the merger, that it will pay
dissenting shareholders of the trust company entitled to
payment in cash. The amount due under an accepted offer
or under the appraisal shall constitute a debt of the resulting
trust company. [1998 c 45 § 3; 1994 c 256 § 65.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.080 Valuation of assets—Books of merging
trust company. Without approval by the director, no asset
shall be carried on the books of the resulting trust company
at a valuation higher than that on the books of the merging
trust company at the time of its last examination by a state
trust examiner before the effective date of the merger or
conversion. [1994 c 256 § 66.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.060 Resulting trust company—Property,
rights, powers, and duties. (1) A resulting trust company
shall be the same business and corporate entity as each
merging trust company with all property, rights, powers, and
duties of each merging trust company, except as affected by
state law and by the charter and bylaws of the resulting trust
company. A resulting trust company shall have the right to
use the name of any merging trust company whenever it can
do any act under such name more conveniently.
(2) Any reference to a merging trust company in any
writing, whether executed or taking effect before or after the
merger, is a reference to the resulting trust company if not
inconsistent with the other provisions of that writing. [1994
c 256 § 64.]
Chapter 30.56
BANK STABILIZATION ACT
Sections
30.56.010
30.56.020
30.56.030
30.56.040
30.56.050
30.56.060
30.56.070
30.56.080
30.56.090
30.56.100
"Bank" and "directors" defined.
Postponement of payments on deposits—Order—Posting.
Business during postponement.
Deposits received during postponement.
Plan for reorganization—Conditions.
Approval of plan—Unsecured claims.
No dividends until reductions paid.
Failure to pay in excess of plan, effect.
New bank may be authorized.
Chapter designated "bank stabilization act."
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.070 Dissenting shareholders—May receive
value in cash—Appraisal. (1) The owner of shares of a
trust company that were voted against a merger to result in
a trust company shall be entitled to receive their value in
cash, if and when the merger becomes effective, upon
written demand made to the resulting trust company at any
time within thirty days after the effective date of the merger,
accompanied by the surrender of the stock certificates. The
value of the shares shall be determined, as of the date of the
stockholders’ meeting approving the merger, by three
appraisers, one to be selected by the owners of two-thirds of
the dissenting shares, one by the board of directors of the
resulting trust company, and the third by the two so chosen.
The valuation agreed upon by any two appraisers shall
govern. If the appraisal is not completed within ninety days
after the merger becomes effective, the director shall cause
an appraisal to be made.
(2) The dissenting shareholders shall bear, on a pro rata
basis based on number of dissenting shares owned, the cost
of their appraisal and one-half of the cost of a third appraisal, and the resulting trust company shall bear the cost of its
appraisal and one-half of the cost of the third appraisal. If
the director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the resulting trust company, with the dissenting
shareholders sharing their half of the cost on a pro rata basis
based on number of dissenting shares owned.
(2002 Ed.)
30.56.010 "Bank" and "directors" defined. In this
chapter the word "bank" includes savings banks, mutual
savings banks, and trust companies, and "directors" shall
include trustees. [1955 c 33 § 30.56.010. Prior: 1933 c 49
§ 2; RRS § 3293-2.]
30.56.020 Postponement of payments on deposits—
Order—Posting. The director is hereby empowered, upon
the written application of the directors of a bank, if in his or
her judgment the circumstances warrant it, to authorize a
bank to postpone, for a period of ninety days and for such
further period or periods as he or she may deem expedient,
the payment of such proportions or amounts of the demands
of its depositors from time to time as he or she may deem
necessary. The period or periods of postponement and the
proportions or amounts of the demands to be deferred shall
be determined by him or her according to the ability of the
bank to pay withdrawals. By the regulations prescribed for
deferred payments, the director may classify accounts and
limit payments to depositors of the several classes differently. The director’s orders, regulations and directions shall be
in writing and be filed in his or her office, and copies
thereof shall be delivered to the bank and be forthwith
posted in a conspicuous place in the banking room. [1994
c 92 § 150; 1955 c 33 § 30.56.020. Prior: 1933 c 49 § 2;
RRS § 3293-2.]
[Title 30 RCW—page 57]
30.56.030
Title 30 RCW: Banks and Trust Companies
30.56.030 Business during postponement. During
postponement of payments the bank shall remain open for
business and be in charge of its officers, but shall not make
any loans, investments or expenditures except such as the
director will approve as necessary to conserve its assets and
pay the cost of operation. The bank’s failure during a period
of postponement to repay deposits existing at the commencement of the period, shall not authorize or require the director
to take charge of or liquidate the bank, nor constitute ground
for the appointment of a receiver. [1994 c 92 § 151; 1955
c 33 § 30.56.030. Prior: 1933 c 49 § 3; RRS § 3293-3.]
30.56.040 Deposits received during postponement.
Deposits received during a period of postponement and for
sixty days thereafter shall be kept separate from other assets
of the bank, shall not draw interest, shall not be loaned or
invested except by depositing with reserve banks or investing
in liquid securities approved by the director, and shall be
withdrawable upon demand. If during a postponement of
payments, or at the expiration thereof, the director shall take
charge of the bank for liquidation, deposits made during the
period of postponement shall be deemed trust funds and be
repaid to the depositors forthwith. [1994 c 92 § 152; 1955
c 33 § 30.56.040. Prior: 1933 c 49 § 4; RRS § 3293-4.]
30.56.050 Plan for reorganization—Conditions. At
the request of the directors of a bank, the director may
propose a plan for its reorganization, if in his or her judgment it would be for the best interests of the bank’s creditors
and of the community which the bank serves. The plan may
contemplate such temporary ratable reductions of the
demands of depositors and other creditors as would leave its
reserve adequate and its capital and surplus unimpaired after
the charging off of bad and doubtful debts; and also may
contemplate a postponement of payments as in a case falling
within RCW 30.56.020. The plan shall be fully described in
a writing, the original of which shall be filed in the office of
the director and several copies of which shall be furnished
the bank, where one or more copies shall be kept available
for inspection by stockholders, depositors and other creditors.
[1994 c 92 § 153; 1955 c 33 § 30.56.050. Prior: 1933 c 49
§ 5; RRS § 3293-5.]
30.56.060 Approval of plan—Unsecured claims. If,
within ninety days after the filing of the plan, creditors
having unsecured demands against the bank aggregating not
less than three-fourths of the amount of the unsecured
demands of all its creditors, approved the plan, the director
shall have power to declare the plan to be in effect. Thereupon the unsecured demands of creditors shall be ratably
reduced according to the plan and appropriate debits shall be
made in the books. The right of a secured creditor to
enforce his or her security shall not be affected by the
operation of the plan, but the amount of any deficiency to
which he or she may be entitled shall be reduced as unsecured demands were reduced. If the plan contemplates a
temporary postponement of payments, RCW 30.56.020,
30.56.030 and 30.56.040 shall be applicable, and the bank
shall comply therewith and conduct its affairs accordingly.
[1994 c 92 § 154; 1955 c 33 § 30.56.060. Prior: 1933 c 49
§ 6; RRS § 3293-6.]
[Title 30 RCW—page 58]
30.56.070 No dividends until reductions paid. A
bank for which such a plan has been put into effect shall not
declare or pay a dividend or distribute any of its assets
among stockholders until there shall have been set aside for
and credited ratably to the creditors whose demands were
reduced an amount equal to the aggregate of the reductions.
[1955 c 33 § 30.56.070. Prior: 1933 c 49 § 7; RRS 32937.]
30.56.080 Failure to pay in excess of plan, effect.
The failure of a bank operating under such a plan to pay to
a creditor at any time a sum greater than the plan then
requires, shall not constitute a default nor authorize or
require the director to take charge of or liquidate the bank
nor entitle the creditor to maintain an action against the
bank. [1994 c 92 § 155; 1955 c 33 § 30.56.080. Prior:
1933 c 49 § 8; RRS 3293-8.]
30.56.090 New bank may be authorized. If the net
assets of a bank operating under such a plan are sufficient to
provide the capital and surplus of a newly organized bank in
the same place, the director, under such reasonable conditions as he or she shall prescribe, may approve the incorporation of a new bank and permit it to take over the assets
and business and assume the liabilities of the existing bank.
[1994 c 92 § 156; 1955 c 33 § 30.56.090. Prior: 1933 c 49
§ 9; RRS § 3293-9.]
30.56.100 Chapter designated "bank stabilization
act." This chapter shall be known as the bank stabilization
act. [1955 c 33 § 30.56.100. Prior: 1933 c 49 § 1; RRS §
3293-1.]
Chapter 30.60
COMMUNITY CREDIT NEEDS
Sections
30.60.010
30.60.020
30.60.030
30.60.900
30.60.901
Examinations—Investigation and assessment of performance
record in meeting community credit needs.
Approval and disapproval of applications—Consideration of
performance record in meeting community credit needs.
Adoption of rules.
Severability—1985 c 329.
Effective date—1985 c 329.
30.60.010 Examinations—Investigation and assessment of performance record in meeting community credit
needs. (1) In conducting an examination of a bank chartered
under Title 30 RCW, the director shall investigate and assess
the record of performance of the bank in meeting the credit
needs of the bank’s entire community, including low and
moderate-income neighborhoods. The director shall accept,
in lieu of an investigation or part of an investigation required
by this section, any report or document that the bank is
required to prepare or file with one or more federal agencies
by the act of Congress entitled the "Community Reinvestment Act of 1977" and the regulations promulgated in
accordance with that act, to the extent such reports or
documents assist the director in making an assessment based
upon the factors outlined in subsection (2) of this section.
(2002 Ed.)
Community Credit Needs
(2) In making an investigation required under subsection
(1) of this section, the director shall consider, independent of
any federal determination, the following factors in assessing
the bank’s record of performance:
(a) Activities conducted by the institution to ascertain
credit needs of its community, including the extent of the
institution’s efforts to communicate with members of its
community regarding the credit services being provided by
the institution;
(b) The extent of the institution’s marketing and special
credit related programs to make members of the community
aware of the credit services offered by the institution;
(c) The extent of participation by the institution’s board
of directors in formulating the institution’s policies and
reviewing its performance with respect to the purposes of the
Community Reinvestment Act of 1977;
(d) Any practices intended to discourage applications for
types of credit set forth in the institution’s community
reinvestment act statement(s);
(e) The geographic distribution of the institution’s credit
extensions, credit applications, and credit denials;
(f) Evidence of prohibited discriminatory or other illegal
credit practices;
(g) The institution’s record of opening and closing
offices and providing services at offices;
(h) The institution’s participation, including investments,
in local community development projects;
(i) The institution’s origination of residential mortgage
loans, housing rehabilitation loans, home improvement loans,
and small business or small farm loans within its community, or the purchase of such loans originated in its community;
(j) The institution’s participation in governmentally
insured, guaranteed, or subsidized loan programs for housing, small businesses, or small farms;
(k) The institution’s ability to meet various community
credit needs based on its financial condition, size, legal
impediments, local economic condition, and other factors;
(l) Other factors that, in the judgment of the director,
reasonably bear upon the extent to which an institution is
helping to meet the credit needs of its entire community.
(3) The director shall include as part of the examination
report, a summary of the results of the assessment required
under subsection (1) of this section and shall assign annually
to each bank a numerical community reinvestment rating
based on a one through five scoring system. Such numerical
scores shall represent performance assessments as follows:
(a) Excellent performance:
(b) Good performance:
(c) Satisfactory performance:
(d) Inadequate performance:
(e) Poor performance:
1
2
3
4
5
[1994 c 92 § 157; 1985 c 329 § 2.]
Legislative intent—1985 c 329: "The legislature believes that
commercial banks and savings banks doing business in Washington state
have a responsibility to meet the credit needs of the businesses and
communities of Washington state, consistent with safe and sound business
practices and the free exercise of management discretion.
This act is intended to provide the supervisor of banking and the
supervisor of savings and loan associations with the information necessary
to enable the supervisors to better determine whether commercial banks,
(2002 Ed.)
30.60.010
savings banks, and savings and loan associations are meeting the convenience and needs of the public.
This act is further intended to condition the approval of any application by a commercial bank, savings bank, or savings and loan association
for a new branch or satellite facility, for an acquisition, merger, conversion,
or purchase of assets of another institution not required for solvency
reasons, or for the exercise of any new power upon proof that the applicant
is satisfactorily meeting the convenience and needs of its community or
communities." [1985 c 329 § 1.] "This act" consists of the enactment of
RCW 30.04.212, 30.04.214, 30.60.010, 30.60.020, 30.60.030, 30.60.900,
30.60.901, 32.40.010, 32.40.020, and 32.40.030 and this section and the
1985 c 329 amendment to RCW 30.04.210.
30.60.020 Approval and disapproval of applications—Consideration of performance record in meeting
community credit needs. Whenever the director must
approve or disapprove of an application for a new branch or
satellite facility; for a purchase of assets, a merger, an
acquisition or a conversion not required for solvency
reasons; or for authority to engage in a business activity, the
director shall consider, among other factors, the record of
performance of the applicant in helping to meet the credit
needs of the applicant’s entire community, including low and
moderate-income neighborhoods. Assessment of an
applicant’s record of performance may be the basis for
denying an application. [1994 c 92 § 158; 1985 c 329 § 3.]
30.60.030 Adoption of rules. The director shall adopt
all rules necessary to implement sections 2 through 6,
chapter 329, Laws of 1985 by January 1, 1986. [1994 c 92
§ 159; 1985 c 329 § 7.]
30.60.900 Severability—1985 c 329. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 329 § 11.]
30.60.901 Effective date—1985 c 329. This act shall
take effect on January 1, 1986, but the director may immediately take such steps as are necessary to ensure that this act
is implemented on its effective date. [1994 c 92 § 160;
1985 c 329 § 13.]
Chapter 30.98
CONSTRUCTION
Sections
30.98.010
30.98.020
30.98.030
30.98.040
30.98.050
30.98.060
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Prior investments or transactions not affected.
Repeals and saving.
Emergency—1955 c 33.
30.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter and
relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[1955 c 33 § 30.98.010.]
[Title 30 RCW—page 59]
30.98.020
Title 30 RCW: Banks and Trust Companies
30.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1955 c 33 § 30.98.020.]
30.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1955 c 33 §
30.98.030.]
30.98.040 Prior investments or transactions not
affected. Nothing in this title shall be construed to affect
the legality of investments, made prior to March 10, 1917,
or of transactions had before March 10, 1917, pursuant to
any provisions of law in force when such investment were
made or transactions had. (Adopted from 1917 c 80 § 77.)
[1955 c 33 § 30.98.040.]
30.98.050
30.98.050.
Repeals and saving. See 1955 c 33 §
30.98.060 Emergency—1955 c 33. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1955 c 33 § 30.98.060.]
[Title 30 RCW—page 60]
(2002 Ed.)
Title 31
MISCELLANEOUS LOAN AGENCIES
Chapters
31.04
31.12
31.13
31.20
31.24
31.35
31.40
31.45
31.04.145
Consumer loan act.
Washington state credit union act.
Corporate credit unions.
Development credit corporations.
Industrial development corporations.
Agricultural lenders—Loan guaranty program.
Federally guaranteed small business loans.
Check cashers and sellers.
Bills of lading: Article 62A.7 RCW.
Cooperative associations: Chapter 23.86 RCW.
Corporations and associations
nonprofit: Title 24 RCW.
profit: Title 23B RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Department of financial institutions: Chapter 43.320 RCW.
False representations concerning credit: RCW 9.38.010.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Forgery: RCW 9A.60.020.
Interest and usury in general: Chapter 19.52 RCW.
Joint tenancies with right of survivorship: Chapter 64.28 RCW.
Mortgages and trust receipts: Title 61 RCW.
Negotiable instruments: Article 62A.3 RCW.
Nonadmitted foreign corporations, powers relative to secured interests:
Chapter 23B.18 RCW.
Pawnbrokers: Chapter 19.60 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
Chapter 31.04
CONSUMER LOAN ACT
(Formerly: Industrial loan companies)
Sections
31.04.005
31.04.015
31.04.025
31.04.027
31.04.035
31.04.045
31.04.055
31.04.065
31.04.075
31.04.085
31.04.093
31.04.102
31.04.105
31.04.115
31.04.125
31.04.135
(2002 Ed.)
Finding—Purpose.
Definitions.
Application of chapter.
Violations of chapter.
License required.
License—Application—Fee—Surety bond.
License—Director’s duties.
License—Information contained—Requirement to post.
Licensee—Place of business.
Licensee—Assessment—Bond—Time of payment.
Licensing—Applications—Regulation of licensees—
Director’s duties—Fines—Orders.
Loans secured, or not secured, by lien on real property—
Licensee’s obligations—Disclosure of fees and costs to
borrower—Time limits.
Licensee—Powers—Restrictions.
Open-end loan—Requirements—Restrictions—Options.
Loan restrictions—Interest calculations.
Advertisements or promotions.
Investigations and examinations—Director’s duties—
Production of information—Costs.
31.04.155 Licensee—Recordkeeping—Director’s access—Report requirement—Failure to report.
31.04.165 Director—Broad administrative discretion—Rule making—
Actions in superior court.
31.04.175 Violations—No penalty prescribed—Gross misdemeanor—
Good faith exception.
31.04.185 Repealed sections of law—Rules adopted under.
31.04.202 Application of administrative procedure act.
31.04.205 Enforcement of chapter—Director’s discretion—Hearing—
Sanctions.
31.04.208 Application of consumer protection act.
31.04.900 Severability—1991 c 208.
31.04.901 Short title.
31.04.902 Effective dates, implementation—1991 c 208.
Department of financial institutions: Chapter 43.320 RCW.
Master license system exemption: RCW 19.02.800.
31.04.005 Finding—Purpose. The legislature finds
that borrowers who represent a higher than average credit
risk are unable to obtain credit except at interest rates higher
than permitted under other statutory provisions governing
interest rates for loans. Therefore, it is the purpose of this
chapter to authorize higher interest rates for certain types of
loans, subject to the conditions and limitations contained in
this chapter in order to ensure credit availability. [1991 c
208 § 1.]
31.04.015 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires a different meaning.
(1) "Person" includes individuals, partnerships, associations, limited liability companies, limited liability partnerships, trusts, corporations, and all other legal entities.
(2) "License" means a single license issued under the
authority of this chapter with respect to a single place of
business.
(3) "Licensee" means a person to whom one or more
licenses have been issued.
(4) "Director" means the director of financial institutions.
(5) "Insurance" means life insurance, disability insurance, property insurance, involuntary unemployment insurance, and such other insurance as may be authorized by the
insurance commissioner.
(6) "Add-on method" means the method of
precomputing interest payable on a loan whereby the interest
to be earned is added to the principal balance and the total
plus any charges allowed under this chapter is stated as the
loan amount, without further provision for the payment of
interest except for failure to pay according to loan terms.
The director may adopt by rule a more detailed explanation
of the meaning and use of this method.
(7) "Simple interest method" means the method of
computing interest payable on a loan by applying the annual
[Title 31 RCW—page 1]
31.04.015
Title 31 RCW: Miscellaneous Loan Agencies
percentage interest rate or its periodic equivalent to the
unpaid balances of the principal of the loan outstanding for
the time outstanding with each payment applied first to any
unpaid penalties, fees, or charges, then to accumulated
interest, and the remainder of the payment applied to the
unpaid balance of the principal until paid in full. In using
such method, interest shall not be payable in advance nor
compounded, except that on a loan secured by real estate, a
licensee may collect at the time of the loan closing up to but
not exceeding forty-five days of prepaid interest. The
director may adopt by rule a more detailed explanation of
the meaning and use of this method.
(8) "Applicant" means a person applying for a license
under this chapter.
(9) "Borrower" means any person who consults with or
retains a licensee or person subject to this chapter in an
effort to obtain or seek information about obtaining a loan,
regardless of whether that person actually obtains such a
loan.
(10) "Loan" means a sum of money lent at interest or
for a fee or other charge and includes both open-end and
closed-end loan transactions.
(11) "Loan originator" means a person employed, either
directly or indirectly, or retained as an independent contractor by a licensee, to make or assist a person in applying to
obtain a loan.
(12) "Making a loan" means closing a loan in a person’s
name, or advancing, offering to advance, or making a
commitment to advance funds to a borrower for a loan.
(13) "Mortgage broker" means the same as defined in
RCW 19.146.010, except that for purposes of this chapter, a
licensee or person subject to this chapter cannot receive
compensation as both a consumer loan licensee making the
loan and as a mortgage broker in the same loan transaction.
(14) "Officer" means an official appointed by the
company for the purpose of making business decisions or
corporate decisions.
(15) "Principal" means any person who controls, directly
or indirectly through one or more intermediaries, alone or in
concert with others, a ten percent or greater interest in a
partnership; company; association or corporation; or a
limited liability company, and the owner of a sole proprietorship.
(16) "Senior officer" means an officer of a licensee at
the vice-president level or above.
(17) "Third party service provider" means any person
other than the licensee or a mortgage broker who provides
goods or services to the licensee or borrower in connection
with the preparation of the borrower’s loan and includes, but
is not limited to, credit reporting agencies, real estate brokers
or salespersons, title insurance companies and agents,
appraisers, structural and pest inspectors, or escrow companies. [2001 c 81 § 1; 1994 c 92 § 161; 1991 c 208 § 2.]
31.04.025 Application of chapter. Each loan made
to a resident of this state by a licensee is subject to the
authority and restrictions of this chapter, unless such loan is
made under the authority of another license issued pursuant
to a law of this state or under other authority of a law of this
state. This chapter shall not apply to any person doing
business under and as permitted by any law of this state or
[Title 31 RCW—page 2]
of the United States relating to banks, savings banks, trust
companies, savings and loan or building and loan associations, or credit unions, nor to any pawnbroking business
lawfully transacted under and as permitted by any law of this
state regulating pawnbrokers, nor to any loan of credit made
pursuant to a credit card plan. [2001 c 81 § 2; 1991 c 208
§ 4.]
31.04.027 Violations of chapter. It is a violation of
this chapter for a licensee, its officers, directors, employees,
or independent contractors, or any other person subject to
this chapter to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead any borrower, to defraud or
mislead any lender, or to defraud or mislead any person;
(2) Directly or indirectly engage in any unfair or
deceptive practice toward any person;
(3) Directly or indirectly obtain property by fraud or
misrepresentation;
(4) Solicit or enter into a contract with a borrower that
provides in substance that the consumer loan company may
earn a fee or commission through the consumer loan
company’s best efforts to obtain a loan even though no loan
is actually obtained for the borrower;
(5) Solicit, advertise, or enter into a contract for specific
interest rates, points, or other financing terms unless the
terms are actually available at the time of soliciting, advertising, or contracting;
(6) Fail to make disclosures to loan applicants as
required by RCW 31.04.102 and any other applicable state
or federal law;
(7) Make, in any manner, any false or deceptive
statement or representation with regard to the rates, points,
or other financing terms or conditions for a residential
mortgage loan or engage in bait and switch advertising;
(8) Negligently make any false statement or knowingly
and willfully make any omission of material fact in connection with any reports filed with the department by a licensee
or in connection with any investigation conducted by the
department;
(9) Make any payment, directly or indirectly, to any
appraiser of a property, for the purposes of influencing the
independent judgment of the appraiser with respect to the
value of the property; or
(10) Advertise any rate of interest without conspicuously
disclosing the annual percentage rate implied by that rate of
interest or otherwise fail to comply with any requirement of
the truth in lending act, 15 U.S.C. Sec. 1601 and regulation
Z, 12 C.F.R. Sec. 226, the real estate settlement procedures
act, 12 U.S.C. Sec. 2601 and regulation X, 24 C.F.R. Sec.
3500, or the equal credit opportunity act, 15 U.S.C. Sec.
1691 and regulation B, Sec. 202.9, 202.11, and 202.12, or
any other applicable federal statute, as now or hereafter
amended, in any advertising of residential mortgage loans or
any other consumer loan company activity. [2001 c 81 § 3.]
31.04.035 License required. No person may engage
in the business of making secured or unsecured loans of
money, credit, or things in action at interest rates authorized
by this chapter without first obtaining and maintaining a
license in accordance with this chapter. [1991 c 208 § 3.]
(2002 Ed.)
Consumer Loan Act
31.04.045 License—Application—Fee—Surety bond.
(1) Application for a license under this chapter must be in
writing and in the form prescribed by the director. The
application must contain at least the following information:
(a) The name and the business addresses of the applicant;
(b) If the applicant is a partnership or association, the
name of every member;
(c) If the applicant is a corporation, the name, residence
address, and telephone number of each officer and director;
(d) The street address, county, and municipality from
which business is to be conducted; and
(e) Such other information as the director may require
by rule.
(2) At the time of filing an application for a license
under this chapter, each applicant shall pay to the director an
investigation fee and the license fee in an amount determined
by rule of the director to be sufficient to cover the director’s
costs in administering this chapter.
(3) Each applicant shall file and maintain a surety bond,
approved by the director, executed by the applicant as
obligor and by a surety company authorized to do a surety
business in this state as surety, whose liability as such surety
shall not exceed in the aggregate the penal sum of the bond.
The penal sum of the bond shall be one hundred thousand
dollars for each licensed location up to and including five
licensed locations, and an additional ten thousand dollars for
each licensed location in excess of five licensed locations,
except that a licensee who makes a loan secured by real
property shall maintain at a minimum a surety bond with a
penal sum of not less than four hundred thousand dollars.
The bond shall run to the state of Washington as obligee for
the use and benefit of the state and of any person or persons
who may have a cause of action against the obligor under
this chapter. The bond shall be conditioned that the obligor
as licensee will faithfully conform to and abide by this
chapter and all the rules adopted under this chapter. The
bond will pay to the state and any person or persons having
a cause of action against the obligor all moneys that may
become due and owing to the state and those persons under
and by virtue of this chapter. In lieu of a surety bond, if the
applicant is a Washington business corporation, the applicant
may maintain unimpaired capital, surplus, and long-term
subordinated debt in an amount that at any time its outstanding promissory notes or other evidences of debt (other than
long-term subordinated debt) in an aggregate sum do not
exceed three times the aggregate amount of its unimpaired
capital, surplus, and long-term subordinated debt. The
director may define qualifying "long-term subordinated debt"
for purposes of this section. [2001 c 81 § 4; 1994 c 92 §
162; 1991 c 208 § 5.]
31.04.055 License—Director’s duties. (1) The
director shall issue and deliver a license to the applicant to
make loans in accordance with this chapter at the location
specified in the application if, after investigation, the director
finds that:
(a) The applicant has paid all required fees;
(b) The applicant has submitted a complete application
in compliance with RCW 31.04.045;
(2002 Ed.)
31.04.045
(c) Neither the applicant nor its officers or principals
have had a license issued under this section or any other
section, in this state or another state, revoked or suspended
within the last five years of the date of filing of the application;
(d) Neither the applicant nor any of its officers or
principals have been convicted of a gross misdemeanor
involving dishonesty or financial misconduct or a felony or
a violation of the banking laws of this state or of the United
States within seven years of the filing of an application; and
(e) The financial responsibility, experience, character,
and general fitness of the applicant are such as to command
the confidence of the community and to warrant a belief that
the business will be operated honestly, fairly, and efficiently
within the purposes of this chapter.
(2) If the director does not find the conditions of
subsection (1) of this section have been met, the director
shall not issue the license. The director shall notify the
applicant of the denial and return to the applicant the bond
posted and the sum paid by the applicant as a license fee,
retaining the investigation fee to cover the costs of investigating the application. The director shall approve or deny
every application for license under this chapter within ninety
days from the filing of a complete application with the fees
and the approved bond. [2001 c 81 § 5; 1994 c 92 § 163;
1991 c 208 § 6.]
31.04.065 License—Information contained—
Requirement to post. The license shall state the address at
which the business is to be conducted and shall state fully
the name of the licensee, and if the licensee is a copartnership or association, the names of its members, and if a
corporation, the date and place of its incorporation. The
licensee shall conspicuously post the license in the place of
business of the licensee. The license is not transferable or
assignable. [1991 c 208 § 7.]
31.04.075 Licensee—Place of business. The licensee
may not maintain more than one place of business under the
same license, but the director may issue more than one
license to the same licensee upon application by the licensee
in a form and manner established by the director.
Whenever a licensee wishes to change the place of
business to a street address other than that designated in the
license, the licensee shall give written notice to the director
as required by rule, pay the license fee, and obtain the
director’s approval. [2001 c 81 § 6; 1994 c 92 § 164; 1991
c 208 § 8.]
31.04.085 Licensee—Assessment—Bond—Time of
payment. A licensee shall, for each license held by any
person, on or before the first day of each March, pay to the
director an annual assessment as determined by rule by the
director. The licensee shall be responsible for payment of
the annual assessment for the previous calendar year if the
licensee had a license for any time during the preceding
calendar year, regardless of whether they surrendered their
license during the calendar year or whether their license was
suspended or revoked. At the same time the licensee shall
file with the director the required bond or otherwise demon[Title 31 RCW—page 3]
31.04.085
Title 31 RCW: Miscellaneous Loan Agencies
strate compliance with RCW 31.04.045. [2001 c 81 § 7;
1994 c 92 § 165; 1991 c 208 § 9.]
31.04.093 Licensing—Applications—Regulation of
licensees—Director’s duties—Fines—Orders. (1) The
director shall enforce all laws and rules relating to the
licensing and regulation of licensees and persons subject to
this chapter.
(2) The director may deny applications for licenses for:
(a) Failure of the applicant to demonstrate within its
application for a license that it meets the requirements for
licensing in RCW 31.04.045 and 31.04.055;
(b) Violation of an order issued by the director under
this chapter or another chapter administered by the director,
including but not limited to cease and desist orders and
temporary cease and desist orders;
(c) Revocation or suspension of a license to conduct
lending, or to provide settlement services associated with
lending, by this state, another state, or by the federal
government within five years of the date of submittal of a
complete application for a license; or
(d) Filing an incomplete application when that incomplete application has been filed with the department for sixty
or more days, provided that the director has given notice to
the licensee that the application is incomplete, informed the
applicant why the application is incomplete, and allowed at
least twenty days for the applicant to complete the application.
(3) The director may suspend or revoke a license issued
under this chapter if the director finds that:
(a) The licensee has failed to pay any fee due the state
of Washington, has failed to maintain in effect the bond or
permitted substitute required under this chapter, or has failed
to comply with any specific order or demand of the director
lawfully made and directed to the licensee in accordance
with this chapter;
(b) The licensee, either knowingly or without the
exercise of due care, has violated any provision of this
chapter or any rule adopted under this chapter; or
(c) A fact or condition exists that, if it had existed at the
time of the original application for the license, clearly would
have allowed the director to deny the application for the
original license. The director may revoke or suspend only
the particular license with respect to which grounds for
revocation or suspension may occur or exist unless the
director finds that the grounds for revocation or suspension
are of general application to all offices or to more than one
office operated by the licensee, in which case, the director
may revoke or suspend all of the licenses issued to the
licensee.
(4) The director may impose fines of up to one hundred
dollars per day upon the licensee, its employee or loan
originator, or other person subject to this chapter for:
(a) Any violation of this chapter; or
(b) Failure to comply with any order or subpoena issued
by the director under this chapter.
(5) The director may issue an order directing the
licensee, its employee or loan originator, or other person
subject to this chapter to:
(a) Cease and desist from conducting business in a
manner that is injurious to the public or violates any provision of this chapter;
(b) Take such affirmative action as is necessary to
comply with this chapter; or
(c) Make restitution to a borrower or other person who
is damaged as a result of a violation of this chapter.
(6) The director may issue an order removing from
office or prohibiting from participation in the affairs of any
licensee, or both, any officer, principal, employee or loan
originator, or any person subject to this chapter for:
(a) False statements or omission of material information
from an application for a license that, if known, would have
allowed the director to deny the original application for a
license;
(b) Conviction of a gross misdemeanor involving
dishonesty or financial misconduct or a felony;
(c) Suspension or revocation of a license to engage in
lending, or perform a settlement service related to lending,
in this state or another state;
(d) Failure to comply with any order or subpoena issued
under this chapter; or
(e) A violation of RCW 31.04.027.
(7) Whenever the director determines that the public is
likely to be substantially injured by delay in issuing a cease
and desist order, the director may immediately issue a
temporary cease and desist order. The order may direct the
licensee to discontinue any violation of this chapter, to take
such affirmative action as is necessary to comply with this
chapter, and may include a summary suspension of the
licensee’s license and may order the licensee to immediately
cease the conduct of business under this chapter. The order
shall become effective at the time specified in the order.
Every temporary cease and desist order shall include a
provision that a hearing will be held upon request to determine whether the order will become permanent. Such
hearing shall be held within fourteen days of receipt of a
request for a hearing unless otherwise specified in chapter
34.05 RCW.
(8) A licensee may surrender a license by delivering to
the director written notice of surrender, but the surrender
does not affect the licensee’s civil or criminal liability, if
any, for acts committed before the surrender, including any
administrative action initiated by the director to suspend or
revoke a license, impose fines, compel the payment of restitution to borrowers or other persons, or exercise any other
authority under this chapter.
(9) The revocation, suspension, or surrender of a license
does not impair or affect the obligation of a preexisting
lawful contract between the licensee and a borrower.
(10) Every license issued under this chapter remains in
force and effect until it has been surrendered, revoked, or
suspended in accordance with this chapter. However, the
director may on his or her own initiative reinstate suspended
licenses or issue new licenses to a licensee whose license or
licenses have been revoked if the director finds that the
licensee meets all the requirements of this chapter. [2001 c
81 § 8; 1994 c 92 § 166; 1991 c 208 § 10.]
31.04.102 Loans secured, or not secured, by lien on
real property—Licensee’s obligations—Disclosure of fees
[Title 31 RCW—page 4]
(2002 Ed.)
Consumer Loan Act
and costs to borrower—Time limits. (1) For all loans
made by a licensee that are not secured by a lien on real
property, the licensee must make disclosures in compliance
with the truth in lending act, 15 U.S.C. Sec. 1601 and
regulation Z, 12 C.F.R. Sec. 226, and all other applicable
federal laws and regulations.
(2) For all loans made by a licensee that are secured by
a lien on real property, the licensee shall provide to each
borrower within three business days following receipt of a
loan application a written disclosure containing an itemized
estimation and explanation of all fees and costs that the
borrower is required to pay in connection with obtaining a
loan from the licensee. A good faith estimate of a fee or
cost shall be provided if the exact amount of the fee or cost
is not available when the disclosure is provided. Disclosure
in a form which complies with the requirements of the truth
in lending act, 15 U.S.C. Sec. 1601 and regulation Z, 12
C.F.R. Sec. 226, the real estate settlement procedures act and
regulation X, 24 C.F.R. Sec. 3500, and all other applicable
federal laws and regulations, as now or hereafter amended,
shall be deemed to constitute compliance with this disclosure
requirement. Each licensee shall comply with all other
applicable federal and state laws and regulations.
(3) In addition, for all loans made by the licensee that
are secured by a lien on real property, the licensee must
provide to the borrower an estimate of the annual percentage
rate on the loan and a disclosure of whether or not the loan
contains a prepayment penalty within three days of receipt
of a loan application. The annual percentage rate must be
calculated in compliance with the truth in lending act, 15
U.S.C. Sec. 1601 and regulation Z, 12 C.F.R. Sec. 226. If
a licensee provides the borrower with a disclosure in
compliance with the requirements of the truth in lending act
within three business days of receipt of a loan application,
then the licensee has complied with this subsection. If the
director determines that the federal government has required
a disclosure that substantially meets the objectives of this
subsection, then the director may make a determination by
rule that compliance with this federal disclosure requirement
constitutes compliance with this subsection. [2002 c 346 §
1; 2001 c 81 § 9.]
31.04.105 Licensee—Powers—Restrictions. Every
licensee may:
(1) Lend money at a rate that does not exceed twentyfive percent per annum as determined by the simple interest
method of calculating interest owed;
(2) In connection with the making of a loan, charge the
borrower a nonrefundable, prepaid, loan origination fee not
to exceed four percent of the first twenty thousand dollars
and two percent thereafter of the principal amount of the
loan advanced to or for the direct benefit of the borrower,
which fee may be included in the principal balance of the
loan;
(3) Agree with the borrower for the payment of fees to
third parties other than the licensee who provide goods or
services to the licensee in connection with the preparation of
the borrower’s loan, including, but not limited to, credit
reporting agencies, title companies, appraisers, structural and
pest inspectors, and escrow companies, when such fees are
actually paid by the licensee to a third party for such
(2002 Ed.)
31.04.102
services or purposes and may include such fees in the
amount of the loan. However, no charge may be collected
unless a loan is made, except for reasonable fees properly
incurred in connection with the appraisal of property by a
qualified, independent, professional, third-party appraiser
selected by the borrower and approved by the lender or in
the absence of borrower selection, selected by the lender;
(4) In connection with the making of a loan secured by
real estate, when the borrower actually obtains a loan, agree
with the borrower to pay a fee to a mortgage broker that is
not owned by the licensee or under common ownership with
the licensee and that performed services in connection with
the origination of the loan. A licensee may not receive
compensation as a mortgage broker in connection with any
loan made by the licensee;
(5) Charge and collect a penalty of ten cents or less on
each dollar of any installment payment delinquent ten days
or more;
(6) Collect from the debtor reasonable attorneys’ fees,
actual expenses, and costs incurred in connection with the
collection of a delinquent debt, a repossession, or a foreclosure when a debt is referred for collection to an attorney
who is not a salaried employee of the licensee;
(7) Make open-end loans as provided in this chapter;
(8) Charge and collect a fee for dishonored checks in an
amount approved by the director; and
(9) In accordance with Title 48 RCW, sell insurance
covering real and personal property, covering the life or
disability or both of the borrower, and covering the involuntary unemployment of the borrower. [2001 c 81 § 10; 1998
c 28 § 1; 1994 c 92 § 167; 1993 c 190 § 1; 1991 c 208 §
11.]
31.04.115 Open-end loan—Requirements—
Restrictions—Options. (1) As used in this section, "openend loan" means an agreement between a licensee and a
borrower that expressly states that the loan is made in
accordance with this chapter and that provides that:
(a) A licensee may permit the borrower to obtain
advances of money from the licensee from time to time, or
the licensee may advance money on behalf of the borrower
from time to time as directed by the borrower;
(b) The amount of each advance and permitted charges
and costs are debited to the borrower’s account, and payments and other credits are credited to the same account;
(c) The charges are computed on the unpaid principal
balance, or balances, of the account from time to time; and
(d) The borrower has the privilege of paying the account
in full at any time without prepayment penalty or, if the
account is not in default, in monthly installments of fixed or
determinable amounts as provided in the agreement.
(2) Interest charges on an open-end loan shall not
exceed twenty-five percent per annum computed in each
billing cycle by any of the following methods:
(a) By converting the annual rate to a daily rate, and
multiplying the daily rate by the daily unpaid principal
balance of the account, in which case each daily rate is
determined by dividing the annual rate by three hundred
sixty-five;
(b) By multiplying a monthly rate by the average daily
unpaid principal balance of the account in the billing cycle,
[Title 31 RCW—page 5]
31.04.115
Title 31 RCW: Miscellaneous Loan Agencies
in which case the monthly rate is one-twelfth of the annual
rate, and the average daily unpaid principal balance is the
sum of the amount unpaid each day during the cycle divided
by the number of days in the cycle; or
(c) By converting the annual rate to a daily rate, and
multiplying the daily rate by the average daily unpaid
principal balance of the account in the billing cycle, in which
case the daily rate is determined by dividing the annual rate
by three hundred sixty-five, and the average daily unpaid
principal balance is the sum of the amount unpaid each day
during the cycle divided by the number of days in the cycle.
For all of the methods of computation specified in this
subsection, the billing cycle shall be monthly, and the unpaid
principal balance on any day shall be determined by adding
to the balance unpaid, as of the beginning of that day, all
advances and other permissible amounts charged to the borrower, and deducting all payments and other credits made or
received that day. A billing cycle is considered monthly if
the closing date of the cycle is on the same date each month,
or does not vary by more than four days from that date.
(3) In addition to the charges permitted under subsection
(2) of this section, the licensee may contract for and receive
an annual fee, payable each year in advance, for the privilege of opening and maintaining an open-end loan account.
Except as prohibited or limited by this section, the licensee
may also contract for and receive on an open-end loan any
additional charge permitted by this chapter on other loans,
subject to the conditions and restrictions otherwise pertaining
to those charges.
(4)(a) If credit life or credit disability insurance is
provided, the additional charge for credit life insurance or
credit disability insurance shall be calculated in each billing
cycle by applying the current monthly premium rate for the
insurance, at the rate approved by the insurance commissioner to the entire outstanding balances in the borrower’s openend loan account, or so much thereof as the insurance covers
using any of the methods specified in subsection (2) of this
section for the calculation of interest charges; and
(b) The licensee shall not cancel credit life or disability
insurance written in connection with an open-end loan
because of delinquency of the borrower in the making of the
required minimum payments on the loan, unless one or more
of the payments is past due for a period of ninety days or
more; and the licensee shall advance to the insurer the
amounts required to keep the insurance in force during that
period, which amounts may be debited to the borrower’s
account.
(5) A security interest in real or personal property may
be taken to secure an open-end loan. Any such security
interest may be retained until the open-end account is
terminated. The security interest shall be promptly released
if (a) there has been no outstanding balance in the account
for twelve months and the borrower either does not have or
surrenders the unilateral right to create a new outstanding
balance; or (b) the account is terminated at the borrower’s
request and paid in full.
(6) The licensee may from time to time increase the rate
of interest being charged on the unpaid principal balance of
the borrower’s open-end loans if the licensee mails or
delivers written notice of the change to the borrower at least
thirty days before the effective date of the increase unless
the increase has been earlier agreed to by the borrower.
[Title 31 RCW—page 6]
However, the borrower may choose to terminate the openend account and the licensee shall allow the borrower to
repay the unpaid balance incurred before the effective date
of the rate increase upon the existing open-end loan account
terms and interest rate unless the borrower incurs additional
debt on or after the effective date of the rate increase or
otherwise agrees to the new rate.
(7) The licensee shall deliver a copy of the open-end
loan agreement to the borrower at the time the open-end
account is created. The agreement must contain the name
and address of the licensee and of the principal borrower,
and must contain such specific disclosures as may be
required by rule of the director. In adopting the rules the
director shall consider Regulation Z promulgated by the
board of governors of the federal reserve system under the
federal consumer credit protection act.
(8) Except in the case of an account that the licensee
deems to be uncollectible, or with respect to which delinquency collection procedures have been instituted, the
licensee shall deliver to the borrower at the end of each
billing cycle in which there is an outstanding balance of
more than one dollar in the account, or with respect to which
interest is imposed, a periodic statement in the form required
by the director. In specifying such form the director shall
consider Regulation Z promulgated by the board of governors of the federal reserve system under the federal consumer credit protection act. [1994 c 92 § 168; 1993 c 405 § 1;
1991 c 208 § 12.]
31.04.125 Loan restrictions—Interest calculations.
(1) No licensee may make a loan with a repayment period
greater than six years and fifteen days after the loan origination date except for open-end loans or loans secured by real
estate or personal property used as a residence.
(2) No licensee may make a loan using any method of
calculating interest other than the simple interest method;
except that the add-on method of calculating interest may be
used for a loan not secured by real property or personal
property used as a residence when the repayment period does
not exceed three years and fifteen days after the loan
origination date.
(3) No licensee may make a loan using the add-on
method to calculate interest that does not provide for a
refund to the borrower or a credit to the borrower’s account
of any unearned interest when the loan is repaid before the
original maturity date in full by cash, by a new loan, by
refinancing, or otherwise before the final due date. The
refund must be calculated using the actuarial method, unless
a sum equal to two or more installments has been prepaid
and the account is not in arrears and continues to be paid
ahead, in which case the interest on the account must be
recalculated by the simple interest method with the refund of
unearned interest made as if the loan had been made using
the simple interest method. When computing an actuarial
refund, the lender may round the annual rate used to the
nearest quarter of one percent.
In computing a required refund of unearned interest, a
prepayment made on or before the fifteenth day after the
scheduled payment date is deemed to have been made on the
payment date preceding the prepayment. In the case of
prepayment before the first installment due date, the compa(2002 Ed.)
Consumer Loan Act
ny may retain an amount not to exceed one-thirtieth of the
first month’s interest charge for each day between the
origination date of the loan and the actual date of prepayment.
(4) No licensee may provide credit life or disability
insurance in an amount greater than that required to pay off
the total balance owing on the date of the borrower’s death
net of refunds in the case of credit life insurance, or all
minimum payments that become due on the loan during the
covered period of disability in the case of credit disability
insurance. The lender may not require any such insurance.
(5) Except in the case of loans by mail, where the
borrower has sufficient time to review papers before returning them, no licensee may prepare loan papers in advance of
the loan closing without having reviewed with the borrower
the terms and conditions of the loan to include the type and
amount of insurance, if any, requested by the borrower.
[1995 c 9 § 1; 1991 c 208 § 13.]
31.04.135 Advertisements or promotions. No
licensee may advertise, print, display, publish, distribute, or
broadcast or cause or permit to be advertised, printed,
displayed, published, distributed, or broadcast, in any manner
whatsoever, any statement or representation with regard to
the rates, terms, or conditions for the lending of money that
is false, misleading, or deceptive. [1991 c 208 § 14.]
31.04.145 Investigations and examinations—
Director’s duties—Production of information—Costs. (1)
For the purpose of discovering violations of this chapter or
securing information lawfully required under this chapter, the
director may at any time, either personally or by designees,
investigate or examine the loans and business and, wherever
located, the books, accounts, records, papers, documents,
files, and other information used in the business of every
licensee and of every person who is engaged in the business
making or assisting in the making of loans at interest rates
authorized by this chapter, whether the person acts or claims
to act as principal or agent, or under or without the authority
of this chapter. For these purposes, the director or designated representatives shall have free access to the offices and
places of business, books, accounts, papers, documents, other
information, records, files, safes, and vaults of all such persons. The director or persons designated by the director may
require the attendance of and examine under oath all persons
whose testimony may be required about the loans or the
business or the subject matter of any investigation, examination, or hearing and may require such person to produce
books, accounts, papers, records, files, and any other
information the director or designated persons deem relevant
to the inquiry. The director may require the production of
original books, accounts, papers, records, files, and other
information; may require that such original books, accounts,
papers, records, files, and other information be copied; or
may make copies himself or herself or by designee of such
original books, accounts, papers, records, files, or other
information. If a licensee or person does not attend and
testify, or does not produce the requested books, accounts,
papers, records, files, or other information, then the director
or designated persons may issue a subpoena or subpoena
duces tecum requiring attendance or compelling production
(2002 Ed.)
31.04.125
of the books, accounts, papers, records, files, or other
information.
(2) The director shall make such periodic examinations
of the affairs, business, office, and records of each licensee
as determined by rule.
(3) Every licensee examined or investigated by the
director or the director’s designee shall pay to the director
the cost of the examination or investigation of each licensed
place of business as determined by rule by the director.
[2001 c 81 § 11; 1995 c 9 § 2; 1994 c 92 § 169; 1991 c 208
§ 15.]
31.04.155 Licensee—Recordkeeping—Director’s
access—Report requirement—Failure to report. The
licensee shall keep and use in the business such books,
accounts, records, papers, documents, files, and other
information as will enable the director to determine whether
the licensee is complying with this chapter and with the rules
adopted by the director under this chapter. The director
shall have free access to such books, accounts, records,
papers, documents, files, and other information wherever
located. Every licensee shall preserve the books, accounts,
records, papers, documents, files, and other information
relevant to a loan for at least twenty-five months after
making the final entry on any loan. No licensee or person
subject to examination or investigation under this chapter
shall withhold, abstract, remove, mutilate, destroy, or secrete
any books, accounts, records, papers, documents, files, or
other information.
Each licensee shall, on or before the first day of March
of each year, file a report with the director giving such
relevant information as the director may reasonably require
concerning the business and operations of each licensed
place of business conducted during the preceding calendar
year. The report must be made under oath and must be in
the form prescribed by the director, who shall make and
publish annually an analysis and recapitulation of the reports.
Every licensee that fails to file a report that is required to be
filed by this chapter within the time required under this
chapter is subject to a penalty of fifty dollars per day for
each day’s delay. The attorney general may bring a civil
action in the name of the state for recovery of any such
penalty. [2001 c 81 § 12; 1994 c 92 § 170; 1991 c 208 §
16.]
31.04.165 Director—Broad administrative discretion—Rule making—Actions in superior court. (1) The
director has the power, and broad administrative discretion,
to administer and interpret this chapter to facilitate the
delivery of financial services to the citizens of this state by
loan companies subject to this chapter. The director shall
adopt all rules necessary to administer this chapter and to
ensure complete and full disclosure by licensees of lending
transactions governed by this chapter.
(2) If it appears to the director that a licensee is conducting business in an injurious manner or is violating any
provision of this chapter, the director may order or direct the
discontinuance of any such injurious or illegal practice.
(3) For purposes of this section, "conducting business in
an injurious manner" means conducting business in a manner
that violates any provision of this chapter, or that creates the
[Title 31 RCW—page 7]
31.04.165
Title 31 RCW: Miscellaneous Loan Agencies
reasonable likelihood of a violation of any provision of this
chapter.
(4) The director or designated persons, with or without
prior administrative action, may bring an action in superior
court to enjoin the acts or practices that constitute violations
of this chapter and to enforce compliance with this chapter
or any rule or order made under this chapter. Upon proper
showing, injunctive relief or a temporary restraining order
shall be granted. The director shall not be required to post
a bond in any court proceedings. [2001 c 81 § 13; 1994 c
92 § 171; 1991 c 208 § 17.]
and is an unfair and deceptive act or practice and unfair
method of competition in the conduct of trade or commerce
in violation of RCW 19.86.020. Remedies provided by
chapter 19.86 RCW are cumulative and not exclusive. [2001
c 81 § 17.]
31.04.175 Violations—No penalty prescribed—
Gross misdemeanor—Good faith exception. (1) A person
who violates, or knowingly aids or abets in the violation of
any provision of this chapter, for which no penalty has been
prescribed, and a person who fails to perform any act that it
is his or her duty to perform under this chapter and for
which failure no penalty has been prescribed, is guilty of a
gross misdemeanor.
(2) No provision imposing civil penalties or criminal
liability under this chapter or rule adopted under this chapter
applies to an act taken or omission made in good faith in
conformity with a written notice, interpretation, or examination report of the director or his or her agent. [2001 c 81 §
14; 1994 c 92 § 172; 1991 c 208 § 18.]
31.04.901 Short title. This chapter shall be known as
the consumer loan act. [1991 c 208 § 21.]
31.04.185 Repealed sections of law—Rules adopted
under. All rules adopted under or to implement the provisions of law repealed by sections 23 and 24, chapter 208,
Laws of 1991 remain in effect until amended or repealed by
the director. [1994 c 92 § 173; 1991 c 208 § 19.]
Sections
31.12.003
31.12.005
31.04.202 Application of administrative procedure
act. The proceedings for denying license applications,
issuing cease and desist orders, suspending or revoking
licenses, and imposing civil penalties or other remedies
under this chapter, and any review or appeal of such action,
shall be governed by the provisions of the administrative
procedure act, chapter 34.05 RCW. [2001 c 81 § 15.]
31.04.900 Severability—1991 c 208. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 208 § 20.]
31.04.902 Effective dates, implementation—1991 c
208. (1) Sections 1 through 23 of this act shall take effect
January 1, 1992, but the director shall take such steps and
adopt such rules as are necessary to implement this act by
that date.
(2) Section 24 of this act shall take effect January 1,
1993. [1994 c 92 § 174; 1991 c 208 § 25.]
Chapter 31.12
WASHINGTON STATE CREDIT UNION ACT
CREDIT UNION ORGANIZATION
31.12.015
31.12.025
31.12.035
31.12.055
31.12.065
31.12.075
31.12.085
31.04.208 Application of consumer protection act.
The legislature finds that the practices governed by this
chapter are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. Any violation of this chapter is not reasonable
in relation to the development and preservation of business
[Title 31 RCW—page 8]
Declaration of policy.
Use of words in name.
Application for permission to organize—Approval.
Manner of organizing—Articles of incorporation—
Submission to director.
Bylaws—Submission to director.
Approval, denial of proposed credit union—Appeal.
Filing upon approval—Fee—Notice to director—Authority
to commence business.
CORPORATE GOVERNANCE
31.12.105
31.04.205 Enforcement of chapter—Director’s
discretion—Hearing—Sanctions. The director or designated persons may, at his or her discretion, take such action as
provided for in this chapter to enforce this chapter. If the
person subject to such action does not appear in person or by
counsel at the time and place designated for any administrative hearing that may be held on the action, then the person
shall be deemed to consent to the action. If the person subject to the action consents, or if after hearing the director
finds by a preponderance of the evidence that any grounds
for sanctions under this chapter exist, then the director may
impose any sanction authorized by this chapter. [2001 c 81
§ 16.]
Findings—Intent—1997 c 397.
Definitions.
31.12.115
31.12.185
31.12.195
31.12.225
31.12.235
31.12.246
31.12.255
31.12.265
31.12.267
31.12.269
31.12.285
31.12.326
31.12.335
31.12.345
31.12.365
Amendment to articles of incorporation—Approval of director—Procedure.
Amendment to bylaws—Approval of director required—
Procedure.
Annual membership meetings.
Special membership meetings.
Board of directors—Election of directors—Terms—
Vacancies—Meetings.
Directors—Qualifications—Operating officers and employees may serve.
Removal of directors—Interim directors.
Board of directors—Powers and duties.
Officers.
Directors and officers—Fiduciary relationship.
Directors and committee members—Limitations on personal
liability—Exceptions.
Suspension of members of board or supervisory committee
by board—For cause.
Supervisory committee—Membership—Terms—
Vacancies—Operating officers and employees may not
serve.
Supervisory committee—Duties.
Suspension of members of a committee or members of the
board by supervisory committee—For cause.
Directors and members of committees—Compensation—
Reimbursement—Loans.
(2002 Ed.)
Washington State Credit Union Act
31.12.367
Risk—Bond coverage—Notice to director.
31.12.382
31.12.384
31.12.386
Limitation on membership.
Membership.
Voting rights—Methods—Proxy—Under eighteen years of
age.
Expulsion of member—Challenge—Share and deposit accounts.
MEMBERSHIP
31.12.388
POWERS OF CREDIT UNIONS
31.12.402
31.12.404
31.12.408
31.12.413
Powers.
Additional powers—Powers conferred on federal credit union—Authority of director.
Insurance required after December 31, 1998—Federal share
insurance program or an equivalent share insurance
program—Director’s findings.
Low-income credit unions—Director’s approval required—
Powers—Rules.
31.12.667
31.12.671
31.12.674
31.12.677
31.12.681
31.12.684
31.12.687
31.12.691
31.12.694
31.12.697
31.12.701
31.12.704
31.12.707
31.12.711
31.12.714
31.12.717
MEMBERS’ ACCOUNTS
31.12.416
31.12.418
Shares and deposits governed by chapter 30.22 RCW—
Limitation on shares and deposits—Notice of withdrawal—Lien rights.
Dividends.
LOANS TO MEMBERS
31.12.426
31.12.428
Loans to members—Secured or unsecured loans.
Limit on loan amount.
INVESTMENTS
31.12.436
31.12.438
Investment of funds in excess of loans.
Investment in real property or leasehold interests for own
use—Future expansion.
MERGERS, CONVERSIONS, AND VOLUNTARY LIQUIDATIONS
31.12.461
31.12.464
31.12.467
31.12.471
31.12.474
Mergers.
Merger or conversion of state into federal, out-of-state, or
foreign credit union, or other type of financial institution.
Merger or conversion of federal, out-of-state, or foreign to
state credit union.
Authority of out-of-state or foreign credit union to operate in
this state—Conditions.
Liquidation—Disposition of unclaimed funds.
EXAMINATION AND SUPERVISION
31.12.516
31.12.545
31.12.565
31.12.567
31.12.569
31.12.571
31.12.575
31.12.585
31.12.595
31.12.625
31.12.630
31.12.633
31.12.637
31.12.641
31.12.644
31.12.647
31.12.651
31.12.654
31.12.657
31.12.661
31.12.664
(2002 Ed.)
Powers of director.
Examinations and investigations—Reports—Access to records—Oaths—Subpoenas.
Examination reports and information confidential—
Exceptions—Penalty.
Reports—Financial and statistical data—As required by
director.
Generally accepted accounting principles.
Notice of intent to establish branch—Another state or foreign jurisdiction.
Removal or prohibition orders—Director’s authority—
Notice.
Prohibited acts—Notice—Cease and desist order.
Temporary cease and desist order—Notice—Superior court.
Administrative hearing—Procedures.
Authority of director to call special meeting of board.
Authority of director to attend meetings of the board.
Intervention by director—Conditions.
Supervision by director—Notice—Compliance—Costs.
Supervision by director—Certain acts prohibited.
Supervision by director—Credit union request for review.
Conservator—Authorized actions—Costs.
Actions by conservator—Review.
Lawsuits during period of conservatorship.
Conservator serves until purposes are accomplished.
Liquidation—Suspension or revocation of articles—
Placement in involuntary liquidation—Appointment of
liquidating agent—Notice—Procedure—Effect.
31.12.721
31.12.724
Chapter 31.12
Order directing involuntary liquidation—Procedure.
Receivership—Appointment of receiver by director—
Notice—Act without bond.
Receiver may be required to show cause—Superior court.
Powers and duties of receiver.
Claims against credit union in receivership—Notice.
Receiver shall inventory assets—File lists of assets and
claims—Objections to approved claims.
Expenses incurred by receiver.
Liquidation dividends—Approval of court.
Remaining assets—Distribution.
Unclaimed liquidation dividends.
Personal property—Receiver’s duties.
Proceeds of sale—Deposit or payment by receiver.
Completion of receivership—Merger, purchase, or liquidation—Secretary of state.
Director may terminate receivership—Expenses.
Receivership files.
Pendency of proceedings for review of appointment of receiver—Liabilities of credit union—Availability of
relevant data.
Appointment by court of temporary receiver—Notice to
director.
Actions that are void—Felonious conduct—Penalties.
MISCELLANEOUS
31.12.850 Prohibited acts—Penalty.
31.12.860 Taxation of credit unions.
31.12.890 Satellite facilities.
31.12.891 Automated teller machines and night depositories security.
31.12.902 Short title.
31.12.906 Effective date—1997 c 397.
31.12.907 Severability—1997 c 397.
31.12.908 Severability—2001 c 83.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
Master license system exemption: RCW 19.02.800.
31.12.003 Findings—Intent—1997 c 397. The
legislature finds that credit unions provide many valuable
services to the consumers of this state and will be better
prepared to continue providing these services if the Washington state credit union act is modernized, clarified, and
reorganized.
Furthermore, the legislature finds that credit unions and
credit union members will benefit by enacting provisions
clearly specifying the director of financial institutions’
authority to enforce statutory provisions.
Revisions to this chapter reflect the legislature’s intent
to modernize, clarify, and reorganize the existing act, and
specify the director’s enforcement authority. By enacting the
revisions to this chapter, it is not the intent of the legislature
to affect the scope of credit unions’ field of membership or
tax status, or impact federal parity provisions. [1997 c 397
§ 1.]
31.12.005 Definitions. Unless the context clearly
requires otherwise, as used in this chapter:
(1) "Board" means the board of directors of a credit
union.
(2) "Board officer" means an officer of the board
elected under RCW 31.12.265(1).
(3) "Branch" of a credit union, out-of-state credit union,
or foreign credit union means any facility that meets all of
the following criteria:
(a) The facility is a staffed physical facility;
(b) The facility is owned or leased in whole or part by
the credit union or its credit union service organization; and
[Title 31 RCW—page 9]
31.12.005
Title 31 RCW: Miscellaneous Loan Agencies
(c) Deposits and withdrawals may be made, or shares
purchased, through staff at the facility.
(4) "Capital" means a credit union’s reserves, undivided
earnings, and allowance for loan and lease losses, and other
items that may be included under RCW 31.12.413 or by rule
of the director.
(5) "Credit union" means a credit union organized and
operating under this chapter.
(6) "Credit union service organization" means an
organization that a credit union has invested in pursuant to
RCW 31.12.436(8), or a credit union service organization
invested in by an out-of-state, federal, or foreign credit
union.
(7) "Director" means the director of financial institutions.
(8) "Federal credit union" means a credit union organized and operating under the laws of the United States.
(9) "Financial institution" means any commercial bank,
trust company, savings bank, or savings and loan association,
whether state or federally chartered, and any credit union,
out-of-state credit union, or federal credit union.
(10) "Foreign credit union" means a credit union
organized and operating under the laws of another country
or other foreign jurisdiction.
(11) "Insolvency" means:
(a) If, under generally accepted accounting principles,
the recorded value of the credit union’s assets are less than
its obligations to its share account holders, depositors,
creditors, and others; or
(b) If it is likely that the credit union will be unable to
pay its obligations or meet its share account holders’ and
depositors’ demands in the normal course of business.
(12) "Loan" means any loan, overdraft line of credit,
extension of credit, or lease, in whole or in part.
(13) "Material violation of law" means:
(a) If the credit union or person has violated a material
provision of:
(i) Law;
(ii) Any cease and desist order issued by the director;
(iii) Any condition imposed in writing by the director in
connection with the approval of any application or other
request of the credit union; or
(iv) Any written agreement entered into with the
director;
(b) If the credit union or person has concealed any of
the credit union’s books, papers, records, or assets, or
refused to submit the credit union’s books, papers, records,
or affairs for inspection to any examiner of the state or, as
appropriate, to any examiner of the national credit union
administration; or
(c) If the person has breached his or her fiduciary duty
to the credit union.
(14) "Membership share" means an initial share that a
credit union may require a person to purchase in order to
establish and maintain membership in a credit union.
(15) "Net worth" means a credit union’s capital, less the
allowance for loan and lease losses.
(16) "Operating officer" means an employee of a credit
union designated as an officer pursuant to RCW
31.12.265(2).
[Title 31 RCW—page 10]
(17) "Organization" means a corporation, partnership,
association, limited liability company, trust, or other organization or entity.
(18) "Out-of-state credit union" means a credit union
organized and operating under the laws of another state or
United States territory or possession.
(19) "Person" means an organization or a natural person
including, but not limited to, a sole proprietorship.
(20) "Principally" or "primarily" means more than onehalf.
(21) "Senior operating officer" includes:
(a) An operating officer who is a vice-president or
above; and
(b) Any employee who has policy-making authority.
(22) "Small credit union" means a credit union with up
to ten million dollars in total assets.
(23) "Unsafe or unsound condition" means, but is not
limited to:
(a) If the credit union is insolvent;
(b) If the credit union has incurred or is likely to incur
losses that will deplete all or substantially all of its net
worth; or
(c) If the credit union is in imminent danger of losing
its share and deposit insurance or guarantee.
(24) "Unsafe or unsound practice" means any action, or
lack of action, which is contrary to generally accepted
standards of prudent operation, the likely consequences of
which, if continued, would be abnormal risk of loss or
danger to a credit union, its members, or an organization
insuring or guaranteeing its shares and deposits. [2001 c 83
§ 1; 1997 c 397 § 2. Prior: 1994 c 256 § 68; 1994 c 92 §
175; 1984 c 31 § 2.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
CREDIT UNION ORGANIZATION
31.12.015 Declaration of policy. A credit union is a
cooperative society organized under this chapter as a
nonprofit corporation for the purposes of promoting thrift
among its members and creating a source of credit for them
at fair and reasonable rates of interest.
The director is the state’s credit union regulatory
authority whose purpose is to protect members’ financial
interests, the integrity of credit unions as cooperative
institutions, and the interests of the general public, and to
ensure that credit unions remain viable and competitive in
this state. [1997 c 397 § 3. Prior: 1994 c 256 § 69; 1994
c 92 § 176; 1984 c 31 § 3.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.025 Use of words in name. (1) A credit union
shall include the words "credit union" in its name.
(2) No person may conduct business or engage in any
other activity under a name or title containing the words
"credit union", or represent itself as a credit union, unless it
is:
(a) A credit union, out-of-state credit union, or a foreign
credit union;
(b) An organization whose membership or ownership is
limited to credit unions, out-of-state credit unions, federal
credit unions, or their trade organizations;
(2002 Ed.)
Washington State Credit Union Act
(c) A person that is primarily in the business of managing one or more credit unions, out-of-state credit unions, or
federal credit unions; or
(d) A credit union service organization. [1997 c 397 §
4; 1994 c 256 § 70; 1984 c 31 § 4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.035 Application for permission to organize—
Approval. Seven or more natural persons who reside in this
state may apply to the director for permission to organize a
credit union. The application must include copies of the
proposed articles of incorporation and bylaws, and such other
information as may be required by the director. The director
shall approve or deny a complete application within sixty
days of receipt. [1997 c 397 § 5; 1994 c 92 § 177; 1984 c
31 § 5.]
31.12.055 Manner of organizing—Articles of
incorporation—Submission to director. (1) Persons
applying for the organization of a credit union shall execute
articles of incorporation stating:
(a) The initial name and location of the credit union;
(b) That the duration of the credit union is perpetual;
(c) That the purpose of the credit union is to engage in
the business of a credit union and any other lawful activities
permitted to a credit union by applicable law;
(d) The number of its directors, which must not be less
than five or greater than fifteen, and the names of the
persons who are to serve as the initial directors;
(e) The names of the incorporators;
(f) The initial par value, if any, of the shares of the
credit union;
(g) The extent, if any, to which personal liability of
directors is limited;
(h) The extent, if any, to which directors, supervisory
committee members, officers, employees, and others will be
indemnified by the credit union; and
(i) Any other provision which is not inconsistent with
this chapter.
(2) Applicants shall submit the articles of incorporation
in triplicate to the director. [1997 c 397 § 6. Prior: 1994
c 256 § 71; 1994 c 92 § 179; 1984 c 31 § 7.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.065 Bylaws—Submission to director. (1)
Persons applying for the organization of a credit union shall
adopt bylaws that prescribe the manner in which the business
of the credit union shall be conducted. The bylaws shall
include:
(a) The name of the credit union;
(b) The field of membership of the credit union;
(c) Reasonable qualifications for membership in the
credit union, including, but not limited to, the minimum
number of shares, and the payment of a membership fee, if
any, required for membership, and the procedures for
expelling a member;
(d) The number of directors and supervisory committee
members, and the length of terms they serve and the
permissible term length of any interim director or supervisory committee member;
(2002 Ed.)
31.12.025
(e) Any qualification for eligibility to serve on the credit
union’s board or supervisory committee;
(f) The number of credit union employees that may
serve on the board, if any;
(g) The frequency of regular meetings of the board and
the supervisory committee, and the manner in which members of the board or supervisory committee will be notified
of meetings;
(h) The timing of the annual membership meeting;
(i) The manner in which members may call a special
membership meeting;
(j) The manner in which members will be notified of
membership meetings;
(k) The number of members constituting a quorum at a
membership meeting;
(l) Provisions, if any, for the indemnification of directors, supervisory committee members, officers, employees,
and others by the credit union, if not included in the articles
of incorporation; and
(m) Any other provision which is not inconsistent with
this chapter.
(2) Applicants shall submit the bylaws in duplicate to
the director. [2001 c 83 § 2; 1997 c 397 § 7. Prior: 1994
c 256 § 72; 1994 c 92 § 180; 1984 c 31 § 8.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.075 Approval, denial of proposed credit
union—Appeal. (1) When the proposed articles of incorporation and bylaws complying with the requirements of RCW
31.12.055 and 31.12.065 have been filed with the director,
the director shall:
(a) Determine whether the articles of incorporation and
bylaws are consistent with this chapter; and
(b) Determine the feasibility of the credit union, taking
into account surrounding facts and circumstances influencing
the successful operation of the credit union.
(2) If the director is satisfied with the determinations
made under subsection (1)(a) and (b) of this section, the
director shall endorse each of the articles of incorporation
"approved", indicate the date the approval was granted, and
return two sets of articles and one set of bylaws to the applicants.
(3) If the director is not satisfied with the determinations
made under subsection (1)(a) and (b) of this section, the
director shall endorse each of the articles of incorporation
"denied," indicate the date of, and reasons for, the denial,
and return two copies of the articles of incorporation with
one copy of the bylaws to the person from whom they were
received. The director shall at the time of returning the
copies of the articles of incorporation and bylaws, also
provide notice to the applicant of the applicant’s right to
appeal the denial under chapter 34.05 RCW. The denial is
conclusive unless the applicant requests a hearing under
chapter 34.05 RCW. [1997 c 397 § 8; 1994 c 92 § 181;
1984 c 31 § 9.]
31.12.085 Filing upon approval—Fee—Notice to
director—Authority to commence business. (1) Upon
approval under RCW 31.12.075(2), the director shall deliver
a copy of the articles of incorporation to the secretary of
state for filing. Upon receipt of the approved articles of
[Title 31 RCW—page 11]
31.12.085
Title 31 RCW: Miscellaneous Loan Agencies
incorporation and a twenty dollar filing fee provided by the
applicants, the secretary of state shall file the articles of
incorporation.
(2) Upon filing of the approved articles of incorporation
by the secretary of state, the persons named in the articles of
incorporation and their successors may conduct business as
a credit union, having the powers, duties, and obligations set
forth in this chapter. A credit union may not conduct
business until the articles have been filed by the secretary of
state.
(3) A credit union shall organize and begin conducting
business within six months of the date that its articles of
incorporation are filed by the secretary of state or its charter
is void. However, the director may grant extensions of the
six-month period. [2001 c 83 § 3; 1997 c 397 § 9; 1994 c
92 § 182; 1993 c 269 § 12; 1984 c 31 § 10.]
Effective date—1993 c 269: See note following RCW 23.86.070.
CORPORATE GOVERNANCE
31.12.105 Amendment to articles of incorporation—
Approval of director—Procedure. A credit union’s articles
of incorporation may be amended by the board with the
approval of the director. Complete applications for amendments to the articles must be approved or denied by the
director within sixty days of receipt. Amendments to a
credit union’s articles of incorporation must conform with
RCW 31.12.055.
Upon approval, the director shall promptly deliver the
articles’ amendments, including any necessary filing fees
paid by the applicant, to the secretary of state for filing. The
articles’ amendments are effective upon filing of the amendments by the secretary of state. [2001 c 83 § 4; 1997 c 397
§ 10; 1994 c 92 § 184; 1984 c 31 § 12.]
31.12.115 Amendment to bylaws—Approval of
director required—Procedure. (1) A credit union’s field
of membership bylaws may be amended by the board with
approval of the director. Complete applications to amend a
credit union’s field of membership bylaws must be approved
or denied by the director within sixty days of receipt.
(2) A credit union’s other bylaws may be amended by
the board.
(3) Any amendments to a credit union’s bylaws must
conform with RCW 31.12.065. [2001 c 83 § 5; 1997 c 397
§ 11. Prior: 1994 c 256 § 73; 1994 c 92 § 185; 1984 c 31
§ 13.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.185 Annual membership meetings. (1) A
credit union’s annual membership meeting shall be held at
such time and place as the bylaws prescribe, and shall be
conducted according to the rules of procedure approved by
the board.
(2) Notice of the annual membership meetings of a
credit union shall be given as provided in the bylaws of the
credit union. [1997 c 397 § 12; 1987 c 338 § 2; 1984 c 31
§ 20.]
[Title 31 RCW—page 12]
31.12.195 Special membership meetings. (1) A
special membership meeting of a credit union may be called
by a majority of the board, a majority vote of the supervisory committee, or upon written application of at least ten
percent or two thousand of the members of a credit union,
whichever is less.
(2) A request for a special membership meeting of a
credit union shall be in writing and shall state specifically
the purpose or purposes for which the meeting is called. At
this meeting, only those agenda items detailed in the written
request may be considered. If the special membership
meeting is being called for the removal of one or more
directors, the request shall state the name of the director or
directors whose removal is sought.
(3) Upon receipt of a request for a special membership
meeting, the secretary of the credit union shall designate the
time and place at which the special membership meeting will
be held. The designated place of the meeting must be a
reasonable location within the county in which the principal
place of business of the credit union is located, unless
provided otherwise by the bylaws. The designated time of
the membership meeting must be no sooner than twenty, and
no later than thirty days after the request is received by the
secretary.
The secretary shall give notice of the meeting within ten
days of receipt of the request or within such other reasonable
time period as may be provided by the bylaws. The notice
must include the purpose or purposes for which the meeting
is called, as provided in the bylaws. If the special membership meeting is being called for the removal of one or more
directors, the notice must state the name of the director or
directors whose removal is sought.
(4) Except as provided in this subsection, the chairperson of the board shall preside over special membership
meetings. If the purpose of the special meeting includes the
proposed removal of the chairperson, the next highest ranking board officer whose removal is not sought shall preside
over the special meeting. If the removal of all board officers
is sought, the chairperson of the supervisory committee shall
preside over the special meeting.
(5) Special membership meetings shall be conducted
according to the rules of procedure approved by the board.
[1997 c 397 § 13. Prior: 1994 c 256 § 77; 1994 c 92 §
188; 1987 c 338 § 3; 1984 c 31 § 21.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.225 Board of directors—Election of directors—Terms—Vacancies—Meetings. (1) The business and
affairs of a credit union shall be managed by a board of not
less than five and not greater than fifteen directors.
(2) The directors must be elected at the credit union’s
annual membership meeting. They shall hold their offices
until their successors are qualified and elected or appointed.
(3) Directors shall be elected to terms of between one
and three years, as provided in the bylaws. If the terms are
longer than one year, the directors must be divided into
classes, and an equal number of directors, as nearly as possible, must be elected each year.
(4) Any vacancy on the board must be filled by an
interim director appointed by the board, unless the interim
director would serve a term of fewer than ninety days.
(2002 Ed.)
Washington State Credit Union Act
Interim directors appointed to fill vacancies created by
expansion of the board will serve until the next annual
meeting of members. Other interim directors will serve out
the unexpired term of the former director, unless provided
otherwise in the credit union’s bylaws.
(5) The board will have regular meetings not less
frequently than once each month. [2001 c 83 § 6; 1997 c
397 § 14; 1984 c 31 § 24.]
31.12.235 Directors—Qualifications—Operating
officers and employees may serve. (1) A director must be
a natural person and a member of the credit union. If a
director ceases to be a member of the credit union, the
director shall no longer serve as a director.
(2)(a) If a director is absent from four of the regular
board meetings in any twelve-month period in a term
without being reasonably excused by the board, the director
shall no longer serve as a director for the period remaining
in the term.
(b) The board secretary shall promptly notify the
director that he or she shall no longer serve as a director.
Failure to provide notice does not affect the termination of
the director’s service under (a) of this subsection.
(3) A director must meet any qualification requirements
set forth in the credit union’s bylaws. If a director fails to
meet these requirements, the director shall no longer serve
as a director.
(4) The operating officers and employees of the credit
union may serve as directors of the credit union, but only as
permitted by the credit union’s bylaws. In no event may the
operating officers and employees of the credit union constitute a majority of the board. [2001 c 83 § 7; 1997 c 397
§ 15; 1994 c 256 § 78; 1984 c 31 § 25.]
31.12.225
(c) Establish the loan policies under which loans may be
approved;
(d) Establish the conditions under which a member may
be expelled for cause;
(e) Fill vacancies on all committees except the supervisory committee;
(f) Approve an annual operating budget for the credit
union;
(g) Designate those persons or positions authorized to
execute or certify documents or records on behalf of the
credit union;
(h) Review the supervisory committee’s annual report;
and
(i) Perform such other duties as the members may
direct.
(2) In addition, unless delegated, the board shall:
(a) Act upon applications for membership in the credit
union;
(b) Determine the maximum amount of shares and
deposits that a member may hold in the credit union;
(c) Declare dividends on shares and set the rate of
interest on deposits;
(d) Set the fees, if any, to be charged by the credit
union to its members for the right to be a member of the
credit union and for services rendered by the credit union;
(e) Determine the amount which may be loaned to a
member together with the terms and conditions of loans;
(f) Establish policies under which the credit union may
borrow and invest; and
(g) Approve the charge-off of credit union losses.
[2001 c 83 § 8; 1997 c 397 § 17; 1994 c 256 § 79; 1984 c
31 § 27.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.246 Removal of directors—Interim directors.
The members of a credit union may remove a director of the
credit union at a special membership meeting held in
accordance with RCW 31.12.195 and called for that purpose.
If the members remove a director, the members may at the
same special membership meeting elect an interim director
to complete the remainder of the former director’s term of
office or authorize the board to appoint an interim director
as provided in RCW 31.12.225. [1997 c 397 § 16; 1984 c
31 § 26.]
31.12.255 Board of directors—Powers and duties.
The business and affairs of a credit union shall be managed
by the board of the credit union. The duties of the board
include, but are not limited to, the duties enumerated in this
section. The duties listed in subsection (1) of this section
may not be delegated by the credit union’s board of directors. The duties listed in subsection (2) of this section may
be delegated to a committee, officer, or employee, with
appropriate reporting to the board.
(1) The board shall:
(a) Set the par value of shares, if any, of the credit union;
(b) Set the minimum number of shares, if any, required
for membership;
(2002 Ed.)
31.12.265 Officers. (1) The board at its first meeting
after the annual membership meeting shall elect board
officers from among its members, as provided in the credit
union’s bylaws. The board will elect as many board officers
as it deems necessary for transacting the business of the
board of the credit union. The board officers shall hold
office until their successors are qualified and elected, unless
sooner removed as provided in this chapter. All board
officers must be elected members of the board. However,
the office of board treasurer and board secretary may be held
by the same person and need not be elected members of the
board.
(2) The board may designate as many operating officers
as it deems necessary for conducting the business of the
credit union, including, but not limited to, a principal
operating officer. Individuals serving as operating officers
may also serve as board officers in accordance with subsection (1) of this section and subject to RCW 31.12.235(4).
[1997 c 397 § 18; 1994 c 256 § 80; 1987 c 338 § 4; 1984 c
31 § 28.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.267 Directors and officers—Fiduciary relationship. Directors, board officers, and senior operating
officers are deemed to stand in a fiduciary relationship to the
credit union, and must discharge the duties of their respective positions:
[Title 31 RCW—page 13]
31.12.267
Title 31 RCW: Miscellaneous Loan Agencies
(1) In good faith;
(2) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(3) In a manner the director or officer reasonably
believes to be in the best interests of the credit union. [2001
c 83 § 9; 1997 c 397 § 19.]
31.12.269 Directors and committee members—
Limitations on personal liability—Exceptions. (1)
Directors and committee members at a credit union or
federal credit union have no personal liability for harm
caused by acts or omissions performed on behalf of the
credit union if: The director or committee member was
acting within the scope of his or her duties at the time of the
act or omission; the harm was not caused by an act in
violation of RCW 31.12.267; the harm was not caused by
willful or criminal misconduct, gross negligence, reckless
misconduct, or a conscious, flagrant indifference to the rights
or safety of the individual harmed; and the harm was not
caused by the director or committee member’s operation of
a motor vehicle, vessel, aircraft, or other vehicle for which
the state requires the operator or the owner of the vehicle,
craft, or vessel to either possess an operator’s license or
maintain insurance.
(2) This section does not affect a director’s or committee member’s liability to the credit union or to a governmental entity for harm to the credit union or governmental entity
caused by the director or committee member.
(3) This section does not affect the vicarious liability of
the credit union with respect to harm caused to any person,
including harm caused by the negligence of a director or
committee member.
(4) This section does not affect the liability of employees of the credit union for acts or omissions done within the
scope of their employment. [2001 c 120 § 1.]
31.12.285 Suspension of members of board or
supervisory committee by board—For cause. The board
may suspend for cause a member of the board or a member
of the supervisory committee until a membership meeting is
held. The membership meeting must be held within thirty
days after the suspension. The members attending the
meeting shall vote whether to remove a suspended party.
For purposes of this section, "cause" includes demonstrated
financial irresponsibility, a breach of fiduciary duty to the
credit union, or activities which, in the judgment of the
board, threaten the safety and soundness of the credit union.
[1997 c 397 § 21; 1984 c 31 § 30.]
31.12.326 Supervisory committee—Membership—
Terms—Vacancies—Operating officers and employees
may not serve. (1) A supervisory committee of at least
three members must be elected at the annual membership
meeting of the credit union. Members of the supervisory
committee shall serve a term of three years, unless sooner
removed under this chapter or until their successors are
qualified and elected or appointed. The members of the
supervisory committee shall be divided into classes so that
as equal a number as is possible is elected each year.
(2)(a) If a supervisory committee member is absent
from more than one-third of the committee meetings in any
[Title 31 RCW—page 14]
twelve-month period in a term without being reasonably
excused by the committee, the member shall no longer serve
as a member of the committee for the period remaining in
the term.
(b) The supervisory committee shall promptly notify the
member that he or she shall no longer serve as a committee
member. Failure to provide notice does not affect the
termination of the member’s service under (a) of this
subsection.
(3) A supervisory committee member must be a natural
person and a member of the credit union. If a member of
the supervisory committee ceases to be a member of the
credit union, the member shall no longer serve as a committee member. The chairperson of the supervisory committee
may not serve as a board officer.
(4) Any vacancy on the committee must be filled by an
interim member appointed by the committee, unless the
interim member would serve a term of fewer than ninety
days. Interim members appointed to fill vacancies created
by expansion of the committee will serve until the next
annual meeting of members. Other interim members may
serve out the unexpired term of the former member, unless
provided otherwise by the credit union’s bylaws. However,
if all positions on the committee are vacant at the same time,
the board may appoint interim members to serve until the
next annual membership meeting.
(5) No operating officer or employee of a credit union
may serve on the credit union’s supervisory committee. No
more than one director may be a member of the supervisory
committee at the same time, unless provided otherwise by
the credit union’s bylaws. No member of the supervisory
committee may serve on the credit committee or investment
committee of the credit union while serving on the supervisory committee. [2001 c 83 § 10; 1997 c 397 § 22; 1984 c
31 § 34.]
31.12.335 Supervisory committee—Duties. (1) The
supervisory committee of a credit union shall:
(a) Meet at least quarterly;
(b) Keep fully informed as to the financial condition of
the credit union and the decisions of the credit union’s
board;
(c) Perform or arrange for a complete annual audit of
the credit union and a verification of its members’ accounts;
and
(d) Report its findings and recommendations to the
board and make an annual report to members at each annual
membership meeting.
(2) At least one supervisory committee member may
attend each regular board meeting. [2001 c 83 § 11; 1997
c 397 § 23. Prior: 1994 c 256 § 82; 1994 c 92 § 192; 1984
c 31 § 35.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.345 Suspension of members of a committee or
members of the board by supervisory committee—For
cause. (1) The supervisory committee may, by unanimous
vote, for cause, suspend a member of the board, until a
membership meeting is held. The membership meeting must
be held within thirty days after the suspension. The members attending that meeting shall vote whether to remove the
(2002 Ed.)
Washington State Credit Union Act
suspended party or parties. The supervisory committee may,
by unanimous vote, for cause, suspend members of other
committees until a membership meeting is held. The
meeting must be held within thirty days after the suspension.
The members attending that meeting shall vote whether to
remove the suspended party or parties.
(2) For purposes of this section, "cause" includes
demonstrated financial irresponsibility, a breach of fiduciary
duty to the credit union, or activities which, in the judgment
of the supervisory committee, threaten the safety and
soundness of the credit union. [1997 c 397 § 24; 1984 c 31
§ 36.]
31.12.365 Directors and members of committees—
Compensation—Reimbursement—Loans. (1) Directors
and members of committees shall not receive compensation
for their service as directors and committee members.
However, this subsection does not prohibit directors or
committee members from receiving:
(a) Gifts of minimal value; and
(b) Insurance coverage or incidental services, available
to employees generally.
(2) Directors and members of committees may receive
reimbursement for reasonable expenses incurred on behalf of
themselves and their spouses in the performance of the
directors’ and committee members’ duties.
(3) Loans to directors and supervisory and credit
committee members may not be made under more favorable
terms and conditions than those made to members generally.
[2001 c 83 § 12; 1997 c 397 § 25; 1984 c 31 § 38.]
31.12.367 Risk—Bond coverage—Notice to director.
(1) Each credit union must be adequately insured against
risk. In addition, each director, officer, committee member,
and employee of a credit union must be adequately bonded.
(2) When a credit union receives notice that its fidelity
bond coverage will be suspended or terminated, the credit
union shall notify the director in writing not less than thirtyfive days prior to the effective date of the notice of suspension or termination. [2001 c 83 § 13; 1997 c 397 § 26; 1994
c 92 § 191; 1984 c 31 § 32. Formerly RCW 31.12.306.]
MEMBERSHIP
31.12.382 Limitation on membership. (1) Membership in a credit union shall be limited to groups having a
common bond of occupation or association, or to groups
within a well-defined neighborhood, community, or rural district. The director may adopt rules: (a) Reasonably defining
"common bond"; and (b) setting forth standards for the
approval of charters.
(2) The director may approve the inclusion within the
field of membership of a credit union a group having a
separate common bond if the director determines that the
group is not of sufficient size or resources to support a
viable credit union of its own. [1994 c 92 § 178; 1984 c 31
§ 6. Formerly RCW 31.12.045.]
31.12.384 Membership. (1) A credit union may
admit to membership those persons qualified for membership
as set forth in its bylaws.
(2002 Ed.)
31.12.345
(2) An organization whose membership, ownership, or
employees are comprised principally of persons who are
eligible for membership in the credit union may become a
member of the credit union. [1997 c 397 § 27; 1984 c 31 §
16. Formerly RCW 31.12.145.]
31.12.386 Voting rights—Methods—Proxy—Under
eighteen years of age. (1) No member may have more than
one vote regardless of the number of shares held by the
member. An organization having membership in a credit
union may cast one vote through its agent duly authorized in
writing.
(2) Members may vote, as prescribed in the credit
union’s bylaws, by mail ballot, absentee ballot, or other
method. However, no member may vote by proxy.
(3) A member who is not at least eighteen years of age
is not eligible to vote as a member unless otherwise provided
in the credit union’s bylaws. [1997 c 397 § 28; 1994 c 256
§ 76; 1984 c 31 § 17. Formerly RCW 31.12.155.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.388 Expulsion of member—Challenge—Share
and deposit accounts. (1) Members expelled from the
credit union will be notified of the expulsion and the reasons
upon which it is based. The credit union will, upon request
of the expelled member, allow the member to challenge the
expulsion and seek reinstatement as a member.
(2) The amounts in an expelled member’s share and
deposit accounts must be promptly paid to the person
following expulsion, and after deducting amounts due from
the member(s) to the credit union, including, but not limited
to, any applicable penalties for early withdrawal. Expulsion
will not operate to relieve the person from outstanding
liabilities owed to the credit union. [1997 c 397 § 29; 1984
c 31 § 31. Formerly RCW 31.12.295.]
POWERS OF CREDIT UNIONS
31.12.402 Powers. A credit union may:
(1) Issue shares to and receive deposits from its members in accordance with RCW 31.12.416;
(2) Make loans to its members in accordance with RCW
31.12.426 and 31.12.428;
(3) Pay dividends and interest to its members in
accordance with RCW 31.12.418;
(4) Impose reasonable charges for the services it
provides to its members;
(5) Impose financing charges and reasonable late
charges in the event of default on loans, subject to applicable
law, and recover reasonable costs and expenses, including,
but not limited to, collection costs, and reasonable attorneys’
fees incurred both before and after judgment, incurred in the
collection of sums due, if provided for in the note or agreement signed by the borrower;
(6) Acquire, lease, hold, assign, pledge, sell, or otherwise dispose of interests in personal property and in real
property in accordance with RCW 31.12.438;
(7) Deposit and invest funds in accordance with RCW
31.12.436;
(8) Borrow money, up to a maximum of fifty percent of
its total shares, deposits, and net worth;
[Title 31 RCW—page 15]
31.12.402
Title 31 RCW: Miscellaneous Loan Agencies
(9) Discount or sell any of its assets, or purchase any or
all of the assets of another credit union, out-of-state credit
union, or federal credit union. However, a credit union may
not discount or sell all, or substantially all, of its assets
without the approval of the director;
(10) Accept deposits of deferred compensation of its
members;
(11) Act as fiscal agent for and receive payments on
shares and deposits from the federal government or this
state, and any agency or political subdivision thereof;
(12) Engage in activities and programs as requested by
the federal government, this state, and any agency or
political subdivision thereof, when the activities or programs
are not inconsistent with this chapter;
(13) Hold membership in credit unions, out-of-state
credit unions, or federal credit unions and in organizations
controlled by or fostering the interests of credit unions,
including, but not limited to, a central liquidity facility
organized under state or federal law;
(14) Pay additional dividends and interest to members,
or an interest rate refund to borrowers;
(15) Enter into lease agreements, lease contracts, and
lease-purchase agreements with members;
(16) Act as insurance agent or broker for the sale to
members of:
(a) Group life, accident, health, and credit life and disability insurance; and
(b) Other insurance that other types of Washington
state-chartered financial institutions are permitted to sell, on
the same terms and conditions that these institutions are
permitted to sell such insurance;
(17) Impose a reasonable service charge for the administration and processing of accounts that remain dormant for
a period of time specified by the credit union;
(18) Establish and operate on-premises or off-premises
electronic facilities;
(19) Enter into formal or informal agreements with
another credit union for the purpose of fostering the development of the other credit union;
(20) Work with community leaders to develop and
prioritize efforts to improve the areas where their members
reside by making investments in the community through
contributions to organizations that primarily serve either a
charitable, social, welfare, or educational purpose, or are
exempt from taxation pursuant to section 501(c)(3) of the
internal revenue code;
(21) Limit the personal liability of its directors in accordance with provisions of its articles of incorporation that
conform with RCW 23B.08.320;
(22) Indemnify its directors, supervisory committee
members, officers, employees, and others in accordance with
provisions of its articles of incorporation or bylaws that
conform with RCW 23B.08.500 through 23B.08.600; and
(23) Exercise such incidental powers as are necessary or
convenient to enable it to conduct the business of a credit
union. [2001 c 83 § 14; 1997 c 397 § 30. Prior: 1994 c
256 § 74; 1994 c 92 § 186; 1990 c 33 § 564; 1984 c 31 §
14. Formerly RCW 31.12.125.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
[Title 31 RCW—page 16]
31.12.404 Additional powers—Powers conferred on
federal credit union—Authority of director. (1) Notwithstanding any other provision of law, and in addition to all
powers and authorities, express or implied, that a credit
union has under the laws of this state, a credit union has the
powers and authorities that a federal credit union had on
December 31, 1993, or a subsequent date not later than July
22, 2001.
(2) Notwithstanding any other provision of law, and in
addition to the powers and authorities, express or implied,
that a credit union has under subsection (1) of this section,
a credit union has the powers and authorities that a federal
credit union has, and an out-of-state credit union operating
a branch in Washington has, subsequent to July 22, 2001, if
the director finds that the exercise of the power and authority
serves the convenience and advantage of members of credit
unions, and maintains the fairness of competition and parity
between credit unions and federal or out-of-state credit
unions. However, a credit union:
(a) Must still comply with RCW 31.12.408; and
(b) Is not granted the field of membership powers or
authorities of any out-of-state credit union operating a branch
in Washington.
(3) The restrictions, limitations, and requirements
applicable to specific powers or authorities of federal or outof-state credit unions apply to credit unions exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to the specific exercise of the powers or authorities granted
credit unions solely under this section.
(4) As used in this section, "powers and authorities"
include, but are not limited to, powers and authorities in
corporate governance matters. [2001 c 83 § 15; 1997 c 397
§ 31. Prior: 1994 c 256 § 75; 1994 c 92 § 187; 1987 c 338
§ 1; 1984 c 31 § 15. Formerly RCW 31.12.136.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.408 Insurance required after December 31,
1998—Federal share insurance program or an equivalent
share insurance program—Director’s findings. (1) After
December 31, 1998, credit unions must be insured under the
federal share insurance program or an equivalent share
insurance program as defined in this section. For the
purposes of this section an equivalent share insurance
program is a program that: (a) Holds reserves proportionately equal to the federal share insurance program; (b) maintains adequate reserves and access to additional sources of
funds through replenishment features, reinsurance, or other
sources of funds; and (c) has share insurance contracts that
reflect a national geographic diversity.
(2) Before any credit union may insure its share deposits
with a share insurance program other than the federal share
insurance program, the director must make a finding that the
alternative share insurance program meets the standards set
forth in this section, following a public hearing and a report
on the basis for such finding to the appropriate standing
committees of the legislature. All such findings shall be
made before December 1st of any year and shall not take
effect until the end of the regular legislative session of the
following year.
(2002 Ed.)
Washington State Credit Union Act
(3) Any alternative share insurance program approved
under this section shall be reviewed annually by the director
to determine whether the program currently meets the
standards in this section. The director shall prepare a written
report of his or her findings including supporting analysis
and forward the report to the appropriate standing committees of the legislature. If the director finds that the alternative share insurance program does not currently meet the
standards of this section the director shall notify all credit
unions that insure their shares under the alternative share
insurance program, and shall include notice of a public
hearing for the purpose of receiving comment on the
director’s finding. Following the hearing the director may
either rescind his or her finding or reaffirm the finding that
the alternative share insurance program does not meet the
standards in this section. If the finding is reaffirmed, the
director shall order all credit unions whose shares are insured
with the alternative share insurance program to file, immediately, an application with the national credit union administration to convert to the federal share insurance program.
[1996 c 5 § 6; (1998 c 122 § 6 expired July 1, 2001).
Formerly RCW 31.12.039.]
Expiration date—1998 c 122 §§ 5 and 6: "Sections 5 and 6 of this
act expire July 1, 2001." [1998 c 122 § 9.]
Findings—Intent—1996 c 5: "The legislature finds that since its
creation in 1975 the Washington credit union share guaranty association has
provided security to member share accounts and other valuable services to
members.
The legislature further finds that although during that period thirty
member credit unions have been required to liquidate or merge with other
members with the assistance of the association, no depositor has experienced any loss.
The legislature further finds that the changing financial services
environment, and ever-increasing competitive pressures have caused the
association to review its operation and capacity with the result that the
membership has recommended an orderly dissolution, and now seeks the
adoption of standards and procedures by the legislature that will direct and
ensure an orderly transition to federal share insurance.
Therefore, it is the intent of the legislature to effectuate a fair and
orderly transition of association members to federal share insurance, and
provide the highest available level of safety for share accounts in keeping
with depositors’ expectations." [1996 c 5 § 1.]
Severability—1996 c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1996 c 5 § 9.]
31.12.413 Low-income credit unions—Director’s
approval required—Powers—Rules. (1) A credit union
may apply in writing to the director for designation as a lowincome credit union. The criteria for approval of this
designation are as follows:
(a) At least fifty percent of a substantial and welldefined segment of the credit union’s members or potential
primary members earn no more than eighty percent of the
state or national median income, whichever is higher;
(b) The credit union must submit an acceptable written
plan on marketing to and serving the well-defined segment;
(c) The credit union must agree to submit annual reports
to the director on its service to the well-defined segment;
and
(d) The credit union must submit other information and
satisfy other criteria as may be required by the director.
(2)(a) Among other powers and authorities, a lowincome credit union may:
(2002 Ed.)
31.12.408
(i) Issue secondary capital accounts approved in advance
by the director upon application of the credit union; and
(ii) Accept shares and deposits from nonmembers.
(b) A secondary capital account is:
(i) Over one hundred thousand dollars, or a higher
amount as established by the director;
(ii) Nontransactional;
(iii) Owned by a nonnatural person; and
(iv) Subordinate to other creditors.
(3) The director may adopt rules for the organization
and operation of low-income credit unions including, but not
limited to, rules concerning secondary capital accounts and
requiring disclosures to the purchasers of the accounts.
[2001 c 83 § 16.]
MEMBERS’ ACCOUNTS
31.12.416 Shares and deposits governed by chapter
30.22 RCW—Limitation on shares and deposits—Notice
of withdrawal—Lien rights. (1) Shares held and deposits
made in a credit union by a natural person are governed by
chapter 30.22 RCW.
(2) A credit union may require ninety days notice of a
member’s intention to withdraw shares or deposits. The
notice requirement may be extended with the written consent
of the director.
(3) A credit union will have a lien on all shares and
deposits, including, but not limited to, dividends, interest,
and any other earnings and accumulations thereon, of any
share account holder or depositor, to the extent of any
obligation owed to the credit union by the share account
holder or depositor. [1997 c 397 § 32. Prior: 1994 c 256
§ 83; 1994 c 92 § 194; 1984 c 31 § 40. Formerly RCW
31.12.385.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.418 Dividends. Dividends may be declared
from the credit union’s earnings which remain after the
deduction of expenses, interest on deposits, and the amounts
required for reserves, or the dividends may be declared in
whole or in part from the undivided earnings that remain
from preceding periods. [1997 c 397 § 33; 1984 c 31 § 50.
Formerly RCW 31.12.485.]
LOANS TO MEMBERS
31.12.426 Loans to members—Secured or unsecured loans. (1) A credit union may make secured and
unsecured loans to its members under policies established by
the board, subject to the loans to one borrower limits
provided for in RCW 31.12.428. Each loan must be evidenced by records adequate to support enforcement or
collection of the loan and any review of the loan by the
director. Loans must be in compliance with rules adopted
by the director.
(2) A credit union may obligate itself to purchase loans
in accordance with RCW 31.12.436(1), if the credit union’s
underwriting policies would have permitted it to originate the
loans. [2001 c 83 § 17; 1997 c 397 § 34. Prior: 1994 c
[Title 31 RCW—page 17]
31.12.426
Title 31 RCW: Miscellaneous Loan Agencies
256 § 84; 1994 c 92 § 195; 1987 c 338 § 6; 1984 c 31 § 42.
Formerly RCW 31.12.406.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.428 Limit on loan amount. (1) No loan may
be made to any borrower if the loan would cause the
borrower to be indebted to the credit union on all types of
loans in an aggregated amount exceeding ten thousand
dollars or twenty-five percent of the capital of the credit
union, whichever is greater, without the approval of the
director.
(2) The director by rule may establish separate limits on
business loans to one borrower. [2001 c 83 § 18; 1997 c
397 § 35; 1994 c 256 § 92. Formerly RCW 31.12.317.]
Effective date—1997 c 397 § 35: "Section 35 of this act takes effect
July 1, 1998." [1997 c 397 § 90.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
INVESTMENTS
tions under this subsection. In addition, a credit union may
in the aggregate lend an amount not to exceed one percent
of its assets to organizations under this subsection. These
limits do not apply to investments in, and loans to, an
organization:
(a) That is wholly owned by one or more credit unions
or federal or out-of-state credit unions; and
(b) Whose activities are limited exclusively to those
authorized by this chapter for a credit union;
(9) Loans to credit unions, out-of-state credit unions, or
federal credit unions. The aggregate of loans issued under
this subsection is limited to twenty-five percent of the total
shares and deposits of the lending credit union;
(10) Key person insurance policies, the proceeds of
which inure exclusively to the benefit of the credit union; or
(11) Other investments approved by the director upon
written application. [2001 c 83 § 19; 1997 c 397 § 36.
Prior: 1994 c 256 § 86; 1994 c 92 § 197; 1987 c 338 § 7;
1984 c 31 § 44. Formerly RCW 31.12.425.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.436 Investment of funds in excess of loans. A
credit union may invest its funds in any of the following, as
long as they are deemed prudent by the board:
(1) Loans held by credit unions, out-of-state credit
unions, or federal credit unions; loans to members held by
other lenders; and loans to nonmembers held by other
lenders, with the approval of the director;
(2) Bonds, securities, or other investments that are fully
guaranteed as to principal and interest by the United States
government, and general obligations of this state and its
political subdivisions;
(3) Obligations issued by corporations designated under
31 U.S.C. Sec. 9101, or obligations, participations or other
instruments issued and guaranteed by the federal national
mortgage association, federal home loan mortgage corporation, government national mortgage association, or other
government-sponsored enterprise;
(4) Participations or obligations which have been
subjected by one or more government agencies to a trust or
trusts for which an executive department, agency, or instrumentality of the United States has been named to act as
trustee;
(5) Share or deposit accounts of other financial institutions, the accounts of which are federally insured or insured
or guaranteed by another insurer or guarantor approved by
the director. The shares and deposits made by a credit union
under this subsection may exceed the insurance or guarantee
limits established by the organization insuring or guaranteeing the institution into which the shares or deposits are
made;
(6) Common trust or mutual funds whose investment
portfolios consist of securities issued or guaranteed by the
federal government or an agency of the government;
(7) Up to five percent of the capital of the credit union,
in debt or equity issued by an organization owned by the
Washington credit union league;
(8) Shares, stocks, loans, or other obligations of organizations whose primary purpose is to strengthen, advance, or
provide services to the credit union industry or credit union
members. A credit union may in the aggregate invest an
amount not to exceed one percent of its assets in organiza[Title 31 RCW—page 18]
31.12.438 Investment in real property or leasehold
interests for own use—Future expansion. (1) A credit
union may invest in real property or leasehold interests
primarily for its own use in conducting business, including,
but not limited to, structures and fixtures attached to real
property, subject to the following limitations:
(a) The credit union’s net worth equals at least five
percent of the total of its share and deposit accounts;
(b) The board approves the investment; and
(c) The aggregate of all such investments does not
exceed seven and one-half percent of the total of its share
and deposit accounts.
(2) If the real property or leasehold interest is acquired
for future expansion, the credit union must satisfy the use
requirement in subsection (1) of this section within three
years after the credit union makes the investment.
(3) The director may, upon written application, waive
any of the limitations listed in subsection (1) or (2) of this
section. [2001 c 83 § 20; 1997 c 397 § 37. Prior: 1994 c
256 § 87; 1994 c 92 § 198; 1984 c 31 § 45. Formerly RCW
31.12.435.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
MERGERS, CONVERSIONS, AND
VOLUNTARY LIQUIDATIONS
31.12.461 Mergers. (1) For purposes of this section,
the merging credit union is the credit union whose charter
ceases to exist upon merger with the continuing credit union.
The continuing credit union is the credit union whose charter
continues upon merger with the merging credit union.
(2) A credit union may be merged with another credit
union with the approval of the director and in accordance
with requirements the director may prescribe. The merger
must be approved by a two-thirds majority vote of the board
of each credit union and a two-thirds majority vote of those
members of the merging credit union voting on the merger
at a membership meeting. The requirement of approval by
the members of the merging credit union may be waived by
(2002 Ed.)
Washington State Credit Union Act
the director if the merging credit union is in imminent
danger of insolvency.
(3) The property, rights, and interests of the merging
credit union transfer to and vest in the continuing credit
union without deed, endorsement, or instrument of transfer,
although instruments of transfer may be used if their use is
deemed appropriate. The debts and obligations of the
merging credit union that are known or reasonably should be
known are assumed by the continuing credit union. The
continuing credit union shall cause to be published notice of
merger once a week for three consecutive weeks in a
newspaper of general circulation in the county in which the
principal place of business of the merging credit union is
located. The notice of merger must also inform creditors of
the merging credit union how to make a claim on the
continuing credit union, and that if a claim is not made upon
the continuing credit union within thirty days of the last date
of publication, creditors’ claims that are not known by the
continuing credit union may be barred. Except for claims
filed as requested by the notice, or debts or obligations that
are known or reasonably should be known by the continuing
credit union, the debts and obligations of the merging credit
union are discharged. Upon merger, the charter of the
merging credit union ceases to exist.
(4) Mergers are effective after the thirty-day notice
period to creditors and all regulatory waiting periods have
expired, and upon filing of the credit union’s articles of
merger by the secretary of state, or a later date stated in the
articles, which in no event may be later than ninety days
after the articles are filed. [2001 c 83 § 21; 1997 c 397 §
40. Prior: 1994 c 256 § 91; 1994 c 92 § 220; 1987 c 338
§ 8; 1984 c 31 § 71. Formerly RCW 31.12.695.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.464 Merger or conversion of state into
federal, out-of-state, or foreign credit union, or other
type of financial institution. (1) A credit union may merge
or convert into a federal credit union as authorized by the
federal credit union act. The merger or conversion must be
approved by a two-thirds majority vote of those credit union
members voting at a membership meeting.
(2) If the merger or conversion is approved by the
members, a copy of the resolution certified by the secretary
must be filed with the director within ten days of approval.
The board may effect the merger or conversion upon terms
agreed by the board and the federal regulator.
(3) A certified copy of the federal credit union charter
or authorization issued by the federal regulator must be filed
with the director and thereupon the credit union ceases to
exist except for the purpose of winding up its affairs and
prosecuting or defending any litigation by or against the
credit union. For all other purposes, the credit union is
merged or converted into a federal credit union and the
credit union may execute, acknowledge, and deliver to the
successor federal credit union the instruments of transfer,
conveyance, and assignment that are necessary or desirable
to complete the merger or conversion, and the property,
tangible or intangible, and all rights, titles, and interests that
are agreed to by the board and the federal regulator.
(4) Mergers and conversions are effective after all
applicable regulatory waiting periods have expired and upon
(2002 Ed.)
31.12.461
filing of the credit union’s articles of merger or articles of
conversion, as appropriate, by the secretary of state, or a
later date stated in the articles, which in no event may be
later than ninety days after the articles are filed.
(5) Procedures, similar to those contained in subsections
(1) through (4) of this section, prescribed by the director
must be followed when a credit union merges or converts
into an out-of-state or foreign credit union, or other type of
financial institution. [2001 c 83 § 22; 1997 c 397 § 41;
1994 c 92 § 221; 1984 c 31 § 72. Formerly RCW
31.12.705.]
31.12.467 Merger or conversion of federal, out-ofstate, or foreign to state credit union. (1) A federal credit
union located and conducting business in this state may
merge or convert into a credit union organized and operating
under this chapter.
(2) In the case of a conversion, the board of the federal
credit union shall file with the director proposed articles of
incorporation and bylaws, as provided by this chapter for
organizing a new credit union. If the conversion is approved
by the director, the federal credit union becomes a credit
union under the laws of this state.
(3) The assets and liabilities of the federal credit union
will vest in and become the property of the successor credit
union subject to all existing liabilities against the federal
credit union. Members of the federal credit union may
become members of the successor credit union.
(4) Mergers and conversions are effective after all
applicable regulatory waiting periods have expired and upon
filing of the federal credit union’s articles of merger or
articles of conversion, as appropriate, by the secretary of
state, or a later date stated in the articles, which in no event
may be later than ninety days after the articles are filed.
(5) Procedures, similar to those contained in subsections
(1) through (4) of this section, prescribed by the director
must be followed when an out-of-state or foreign credit
union wishes to merge or convert into a credit union
organized and operating under this chapter. [2001 c 83 § 23;
1997 c 397 § 42; 1994 c 92 § 222; 1984 c 31 § 73. Formerly RCW 31.12.715.]
31.12.471 Authority of out-of-state or foreign credit
union to operate in this state—Conditions. (1) An out-ofstate or foreign credit union may not operate a branch in
Washington unless:
(a) The director has approved its application in accordance with this section;
(b) A credit union organized and operating under this
chapter is permitted to do business in the state or foreign
jurisdiction in which the credit union is organized;
(c) The interest rate charged by the credit union on
loans made to members residing in this state does not exceed
the maximum interest rate permitted in the state or jurisdiction in which the credit union is organized, or exceed the
maximum interest rate that a credit union organized and
operating under this chapter is permitted to charge on similar
loans, whichever is lower;
(d) The credit union has secured surety bond and
fidelity bond coverages satisfactory to the director;
[Title 31 RCW—page 19]
31.12.471
Title 31 RCW: Miscellaneous Loan Agencies
(e) The credit union’s share and deposit accounts are
insured under the federal share insurance program or an
equivalent share insurance program in compliance with RCW
31.12.408;
(f) The credit union submits to the director an annual
examination report of its most recently completed fiscal year;
(g) The credit union has not had its authority to do
business in another state or foreign jurisdiction suspended or
revoked;
(h) The credit union complies with:
(i) The provisions concerning field of membership in
this chapter and rules adopted by the director; and
(ii) Such other provisions of this chapter and rules
adopted by the director, as determined by the director; and
(i) In addition, if the credit union is a foreign credit
union:
(i) A treaty or agreement between the United States and
the jurisdiction where the credit union is organized requires
the director to permit the credit union to operate a branch in
Washington; and
(ii) The director determines that the credit union has
substantially the same characteristics as a credit union
organized and operating under this chapter.
(2) The director shall deny an application filed under
this section or, upon notice and an opportunity for hearing,
suspend or revoke the approval of an application, if the
director finds that the standards of organization, operation,
and regulation of the applicant do not reasonably conform
with the standards under this chapter. In considering the
standards of organization, operation, and regulation of the
applicant, the director may consider the laws of the state or
foreign jurisdiction in which the applicant is organized. A
decision under this subsection may be appealed under chapter 34.05 RCW.
(3) In implementing this section, the director may
cooperate with credit union regulators in other states or
jurisdictions and may share with the regulators the information received in the administration of this chapter.
(4) The director may enter into supervisory agreements
with out-of-state and foreign credit unions and their regulators to prescribe the applicable laws governing the powers
and authorities of Washington branches of the out-of-state or
foreign credit unions. The director may also enter into
supervisory agreements with the credit union regulators in
other states or foreign jurisdictions to prescribe the applicable laws governing the powers and authorities of out-of-state
or foreign branches and other facilities of credit unions.
The agreements may address, but are not limited to,
corporate governance and operational matters. The agreements may resolve any conflict of laws, and specify the
manner in which the examination, supervision, and application processes must be coordinated with the regulators.
The director may adopt rules for the periodic examination and investigation of the affairs of an out-of-state or
foreign credit union operating a branch in this state. [2001
c 83 § 24; 1997 c 397 § 43. Prior: 1994 c 256 § 88; 1994
c 92 § 205; 1984 c 31 § 54. Formerly RCW 31.12.526.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.474 Liquidation—Disposition of unclaimed
funds. (1) At a special meeting called for the purpose of
[Title 31 RCW—page 20]
liquidation, and upon the recommendation of at least twothirds of the total members of the board of a credit union,
the members of a credit union may elect to liquidate the
credit union by a two-thirds majority vote of those members
voting.
(2) Upon a vote to liquidate under subsection (1) of this
section, a three-person liquidating committee must be elected
to liquidate the assets of the credit union. The committee
shall act in accordance with any requirements of the director
and may be reasonably compensated by the board of the
credit union. Each share account holder and depositor at the
credit union is entitled to his, her, or its proportionate part of
the assets in liquidation after all shares, deposits, and debts
have been paid. The proportionate allocation shall be based
on account balances as of a date determined by the board.
For the purposes of liquidation, shares and deposits are
equivalent. The assets of the liquidating credit union are not
subject to contingent liabilities. Upon distribution of the
assets, the credit union ceases to exist except for the purpose
of discharging existing liabilities and obligations.
(3) Funds representing unclaimed dividends in liquidation and remaining in the hands of the liquidating committee
for six months after the date of the final dividend must be
deposited, together with all the books and papers of the
credit union, with the director. The director may, one year
after receipt, destroy such records, books, and papers as, in
the director’s judgment, are obsolete or unnecessary for
future reference. The funds may be deposited in one or
more financial institutions to the credit of the director, in
trust for the members of the credit union entitled to the
funds. The director may pay a portion of the funds to a
person upon receipt of satisfactory evidence that the person
is entitled to the funds. In case of doubt or conflicting
claims, the director may require an order of the superior
court of the county in which the principal place of business
of the credit union was located, authorizing and directing the
payment of the funds. The director may apply the interest
earned by the funds toward defraying the expenses incurred
in the holding and paying of the funds. Five years after the
receipt of the funds, the funds still remaining with the
director must be remitted to the state as unclaimed property.
[2001 c 83 § 25; 1997 c 397 § 44; 1994 c 92 § 223; 1984 c
31 § 74. Formerly RCW 31.12.725.]
Uniform unclaimed property act: Chapter 63.29 RCW.
EXAMINATION AND SUPERVISION
31.12.516 Powers of director. (1) The powers of
supervision and examination of credit unions and other
persons subject to this chapter and chapter 31.13 RCW are
vested in the director. The director shall require each credit
union to conduct business in compliance with this chapter
and may require each credit union to conduct business in
compliance with other state and federal laws that apply to
credit unions. The director has the power to commence and
prosecute actions and proceedings, to enjoin violations, and
to collect sums due the state of Washington from a credit
union.
(2) The director may adopt such rules as are reasonable
or necessary to carry out the purposes of this chapter and
chapter 31.13 RCW. Chapter 34.05 RCW will, whenever
(2002 Ed.)
Washington State Credit Union Act
applicable, govern the rights, remedies, and procedures
respecting the administration of this chapter.
(3) The director may by rule provide appropriate relief
for small credit unions from requirements under this chapter
or rules of the director. However, small credit unions must
still comply with RCW 31.12.408.
(4) The director shall have the power and broad administrative discretion to administer and interpret the provisions
of this chapter and chapter 31.13 RCW, to facilitate the
delivery of financial services to the members of a credit
union.
(5) Nonfederally insured credit unions, nonfederally
insured out-of-state credit unions, and nonfederally insured
foreign credit unions operating in this state as permitted by
RCW 31.12.408 and 31.12.471, as applicable, must comply
with safety and soundness requirements established by the
director.
(6) The director may charge fees to credit unions and
other persons subject to examination and investigation under
this chapter and chapter 31.13 RCW, and to other parties
where the division contracts out its services, in order to
cover the costs of the operation of the division of credit
unions, and to establish a reasonable reserve for the division.
The director may waive all or a portion of the fees. [2001
c 83 § 26; 1997 c 397 § 45; 1994 c 92 § 204; 1984 c 31 §
53.]
31.12.545 Examinations and investigations—
Reports—Access to records—Oaths—Subpoenas. (1) The
director shall make an examination and investigation into the
affairs of each credit union at least once every eighteen
months, unless the director determines with respect to a
credit union, that a less frequent examination schedule will
satisfactorily protect the financial stability of the credit union
and will satisfactorily assure compliance with the provisions
of this chapter.
(2) In regard to credit unions, and out-of-state and
foreign credit unions permitted to operate a branch in
Washington pursuant to RCW 31.12.471, the director:
(a) Shall have full access to the credit union’s books
and records and files, including but not limited to computer
files;
(b) May appraise and revalue the credit union’s investments; and
(c) May require the credit union to charge off or set up
a special reserve for loans and investments.
(3) The director may make an examination and investigation into the affairs of:
(a) An out-of-state or foreign credit union permitted to
operate a branch in Washington pursuant to RCW 31.12.471;
(b) A nonpublicly held organization in which a credit
union has a material investment;
(c) A publicly held organization the capital stock or
equity of which is controlled by a credit union;
(d) A credit union service organization in which a credit
union has an interest;
(e) An organization that is not a credit union, out-ofstate credit union, federal credit union, or foreign credit
union, and that has a majority interest in a credit union
service organization in which a credit union has an interest;
(2002 Ed.)
31.12.516
(f) A sole proprietorship or organization primarily in the
business of managing one or more credit unions; and
(g) A person providing electronic data processing
services to a credit union.
The director shall have full access to the books and
records and files, including but not limited to computer files,
of persons described in this subsection.
(4) In connection with examinations and investigations,
the director may:
(a) Administer oaths and examine under oath any person
concerning the affairs of any credit union or of any person
described in subsection (3) of this section; and
(b) Issue subpoenas to and require the attendance and
testimony of any person at any place within this state, and
require witnesses to produce any books and records and
files, including but not limited to computer files, that are
material to an examination or investigation.
(5) The director may accept in lieu of an examination
under this section:
(a) The report of an examiner authorized to examine a
credit union or an out-of-state, federal, or foreign credit
union, or other financial institution; or
(b) The report of an accountant, satisfactory to the
director, who has made and submitted a report of the
condition of the affairs of a credit union or an out-of-state,
federal, or foreign credit union, or other financial institution.
The director may accept all or part of such a report in lieu
of all or part of an examination. The accepted report or
accepted part of the report has the same force and effect as
an examination under this section. [2001 c 83 § 27; 1997 c
397 § 46; 1994 c 92 § 207; 1984 c 31 § 56.]
31.12.565 Examination reports and information
confidential—Exceptions—Penalty. (1) The following are
confidential and privileged and not subject to public disclosure under chapter 42.17 RCW:
(a) Examination reports and information obtained by the
director in conducting examinations and investigations under
this chapter and chapter 31.13 RCW;
(b) Examination reports and related information from
other financial institution regulators obtained by the director;
(c) Reports or parts of reports accepted in lieu of an
examination under RCW 31.12.545; and
(d) Business plans and other proprietary information
obtained by the director in connection with a credit union’s
application or notice to the director.
(2) Notwithstanding subsection (1) of this section, the
director may furnish examination reports prepared by the
director to:
(a) Federal agencies empowered to examine credit
unions or other financial institutions;
(b) Officials empowered to investigate criminal charges.
The director may furnish only that part of the report which
is necessary and pertinent to the investigation, and only after
notifying the affected credit union and members of the credit
union who are named in that part of the examination report,
or other person examined, that the report is being furnished
to the officials, unless the officials requesting the report
obtain a waiver of the notice requirement for good cause
from a court of competent jurisdiction;
[Title 31 RCW—page 21]
31.12.565
Title 31 RCW: Miscellaneous Loan Agencies
(c) The examined credit union or other person examined, solely for its confidential use;
(d) The attorney general in his or her role as legal
advisor to the director;
(e) Prospective merger partners or conservators, receivers, or liquidating agents of a distressed credit union;
(f) Credit union regulators in other states or foreign
jurisdictions regarding an out-of-state or foreign credit union
conducting business in this state under this chapter, or
regarding a credit union conducting business in the other
state or jurisdiction;
(g) A person officially connected with the credit union
or other person examined, as officer, director, supervisory
committee member, attorney, auditor, accountant, independent attorney, independent auditor, or independent accountant;
(h) Organizations that have bonded the credit union to
the extent that information is relevant to the renewal of the
bond coverage or to a claim under the bond coverage;
(i) Organizations insuring or guaranteeing the shares of,
or deposits in, the credit union; or
(j) Other persons as the director may determine necessary to protect the public interest and confidence.
(3) Examination reports furnished under subsection (2)
of this section remain the property of the director and no
person to whom reports are furnished or any officer, director, or employee thereof may disclose or make public the
reports or information contained in the reports except in
published statistical information that does not disclose the
affairs of a person, except that nothing prevents the use in a
criminal prosecution of reports furnished under subsection
(2)(b) of this section.
(4) In a civil action in which the reports or information
are sought to be discovered or used as evidence, a party
may, upon notice to the director, petition the court for an incamera review of the reports or information. The court may
permit discovery and introduction of only those portions of
the report or information which are relevant and otherwise
unobtainable by the requesting party. This subsection does
not apply to an action brought or defended by the director.
(5) This section does not apply to investigation reports
prepared by the director concerning an application for a new
credit union or a notice of intent to establish a branch of a
credit union, except that the director may adopt rules making
portions of the reports confidential, if in the director’s
opinion the public disclosure of that portion of the report
would impair the ability to obtain information the director
considers necessary to fully evaluate the application.
(6) Any person who knowingly violates a provision of
this section is guilty of a gross misdemeanor. [2001 c 83 §
28; 1997 c 397 § 48. Prior: 1994 c 256 § 90; 1994 c 92 §
209; 1984 c 31 § 58.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
31.12.567 Reports—Financial and statistical data—
As required by director. A credit union shall file with the
director any financial and statistical report that it is required
to file with the national credit union administration. Each
report must be certified by the principal operating officer of
[Title 31 RCW—page 22]
the credit union. In addition, a credit union shall file reports
as may be required by the director. [2001 c 83 § 29; 1997
c 397 § 49.]
31.12.569 Generally accepted accounting principles.
Credit unions will comply with the provisions of generally
accepted accounting principles as required by federal law or
rule of the director. In adopting rules to implement this
section, the director shall consider, among other relevant
factors, whether to transition small credit unions to generally
accepted accounting principles over a period of time. [2001
c 83 § 30; 1997 c 397 § 50.]
Effective date—1997 c 397 § 50: "Section 50 of this act takes effect
January 1, 1999." [1997 c 397 § 91.]
31.12.571 Notice of intent to establish branch—
Another state or foreign jurisdiction. A credit union
desiring to establish a branch in another state or a foreign
jurisdiction shall submit to the director a notice of intent to
establish the branch at least thirty days before conducting
business at the branch. [2001 c 83 § 31; 1997 c 397 § 51;
1994 c 92 § 190; 1984 c 31 § 23. Formerly RCW
31.12.215.]
31.12.575 Removal or prohibition orders—
Director’s authority—Notice. The director may issue and
serve a credit union director, supervisory committee member,
officer, or employee with written notice of intent to remove
the person from office or employment or to prohibit the
person from participating in the conduct of the affairs of the
credit union or any credit union whenever, in the opinion of
the director:
(1) The person has committed a material violation of
law or an unsafe or unsound practice; and
(2)(a) The credit union has suffered or is likely to suffer
substantial financial loss or other damage; or
(b) The interests of the credit union’s share account
holders and depositors could be seriously prejudiced by
reason of the violation or practice; and
(3) The violation or practice involves personal dishonesty, recklessness, or incompetence. [2001 c 83 § 32; 1997
c 397 § 52; 1994 c 92 § 210; 1984 c 31 § 59.]
31.12.585 Prohibited acts—Notice—Cease and
desist order. The director may issue and serve a credit
union with a written notice of charges and intent to issue a
cease and desist order if, in the opinion of the director, the
credit union has committed or is about to commit:
(1) A material violation of law; or
(2) An unsafe or unsound practice.
Upon taking effect, the order may require the credit
union and its directors, supervisory committee members,
officers, employees, and agents to cease and desist from the
violation or practice and may require them to take affirmative action to correct the conditions resulting from the
violation or practice. [2001 c 83 § 33; 1997 c 397 § 53;
1994 c 92 § 211; 1984 c 31 § 60.]
31.12.595 Temporary cease and desist order—
Notice—Superior court. (1) If the director determines that
the violation or practice specified in RCW 31.12.585 is
(2002 Ed.)
Washington State Credit Union Act
likely to cause an unsafe or unsound condition at the credit
union, the director may issue and serve a temporary cease
and desist order. The order may require the credit union and
its directors, supervisory committee members, officers,
employees, and agents to cease and desist from the violation
or practice and may require them to take affirmative action
to correct the conditions resulting from the violation or
practice.
(2) With the temporary order, the director shall serve a
notice of charges and intent to issue a cease and desist order
under RCW 31.12.585 in the matter.
(3) The temporary order becomes effective upon service
on the credit union and remains effective until completion of
the administrative proceedings under the notice issued under
subsection (2) of this section.
(4) Within ten days after a credit union has been served
with a temporary order, the credit union may apply to the
superior court in the county of its principal place of business
for an injunction setting aside, limiting, or suspending the
order pending the completion of the administrative proceedings under the notice issued under subsection (2) of this
section.
(5) In the case of a violation or threatened violation of
a temporary order, the director may apply to the superior
court of the county of the principal place of business of the
credit union for an injunction to enforce the order, and the
court shall issue an injunction if it determines that there has
been a violation or threatened violation. [2001 c 83 § 34;
1997 c 397 § 54; 1994 c 92 § 212; 1984 c 31 § 61.]
31.12.625 Administrative hearing—Procedures. An
administrative hearing on the notice provided for in RCW
31.12.575 and 31.12.585 must be conducted in accordance
with chapter 34.05 RCW; provided that, to the extent the
requirements of this chapter are inconsistent with chapter
34.05 RCW, this chapter will govern. The hearing may be
held at such place as is designated by the director. The
hearing shall be private unless the director determines that a
public hearing is necessary to protect the public interest after
fully considering the views of the party afforded the hearing.
[2001 c 83 § 35; 1997 c 397 § 56; 1994 c 92 § 214; 1984 c
31 § 64.]
31.12.630 Authority of director to call special
meeting of board. The director may request a special
meeting of the board of a credit union if the director believes
that a special meeting is necessary for the welfare of the
credit union or the purposes of this chapter. The director’s
request for a special board meeting must be made in writing
to the secretary of the board and the request must be handled
in the same manner as a call for a special meeting under
RCW 31.12.195. The director may require the attendance of
all of the directors at the special board meeting, and an absence unexcused by the director constitutes a violation of
this chapter. [1997 c 397 § 58; 1994 c 92 § 216; 1984 c 31
§ 67. Formerly RCW 31.12.655.]
31.12.633 Authority of director to attend meetings
of the board. The director may attend a meeting of the
board of a credit union if the director believes that attendance at the meeting is necessary for the welfare of the
(2002 Ed.)
31.12.595
credit union, or the purposes of this chapter, or if the board
has requested the director’s attendance. The director shall
provide reasonable notice to the board before attending a
meeting. [1997 c 397 § 59; 1994 c 92 § 217; 1984 c 31 §
68. Formerly RCW 31.12.665.]
31.12.637 Intervention by director—Conditions.
The director may place a credit union under supervisory
direction in accordance with RCW 31.12.641 through
31.12.647, appoint a conservator for a credit union in
accordance with RCW 31.12.651 through 31.12.661, appoint
a liquidating agent for a credit union in accordance with
RCW 31.12.664 and 31.12.667, or appoint a receiver for a
credit union in accordance with RCW 31.12.671 through
31.12.724, if the credit union:
(1) Consents to the action;
(2) Has failed to comply with the requirements of the
director while the credit union is under supervisory direction;
(3) Has committed or is about to commit a material
violation of law or an unsafe or unsound practice, and such
violation or practice has caused or is likely to cause an
unsafe or unsound condition at the credit union; or
(4) Is in an unsafe or unsound condition. [1997 c 397
§ 60.]
31.12.641 Supervision by director—Notice—
Compliance—Costs. (1) As authorized by RCW 31.12.637,
the director may determine to place a credit union under
supervisory direction. Upon such a determination, the
director shall notify the credit union in writing of:
(a) The director’s determination; and
(b) Any requirements that must be satisfied before the
director shall terminate the supervisory direction.
(2) The credit union must comply with the requirements
of the director as provided in the notice. If the credit union
fails to comply with the requirements, the director may
appoint a conservator, liquidating agent, or receiver for the
credit union, in accordance with this chapter. The director
may appoint a representative to supervise the credit union
during the period of supervisory direction.
(3) All costs incident to supervisory direction will be a
charge against the assets of the credit union to be allowed
and paid as the director may determine. [1997 c 397 § 61.]
31.12.644 Supervision by director—Certain acts
prohibited. During the period of supervisory direction, the
director may prohibit the credit union from engaging in any
of the following acts without prior approval:
(1) Disposing of, conveying, or encumbering any of its
assets;
(2) Withdrawing any of its accounts at other financial
institutions;
(3) Lending any of its funds;
(4) Investing any of its funds;
(5) Transferring any of its property; or
(6) Incurring any debt, obligation, or liability. [1997 c
397 § 62.]
31.12.647 Supervision by director—Credit union
request for review. During the period of supervisory
direction, the credit union may request the director to review
[Title 31 RCW—page 23]
31.12.647
Title 31 RCW: Miscellaneous Loan Agencies
an action taken or proposed to be taken by the representative, specifying how the action is not in the best interests of
the credit union. The request stays the action, pending the
director’s review of the request. [1997 c 397 § 63.]
31.12.651 Conservator—Authorized actions—Costs.
(1) As authorized by RCW 31.12.637, the director may,
upon due notice and hearing, appoint a conservator for a
credit union. The director may appoint himself or herself or
another qualified party as conservator of the credit union.
The conservator shall immediately take charge of the credit
union and all of its property, books, records, and effects.
(2) The conservator shall conduct the business of the
credit union and take such steps toward the removal of the
causes and conditions that have necessitated the appointment
of a conservator, as the director may direct. The conservator
is authorized to, without limitation:
(a) Take all necessary measures to preserve, protect, and
recover any assets or property of the credit union, including
any claim or cause of action belonging to or which may be
asserted by the credit union, and administer the same in his
or her own name as conservator; and
(b) File, prosecute, and defend any suit that has been
filed or may be filed by or against the credit union that is
deemed by the conservator to be necessary to protect all of
the interested parties or a property affected thereby.
The conservator shall make such reports to the director
from time to time as may be required by the director.
(3) All costs incident to conservatorship will be a charge
against the assets of the credit union to be allowed and paid
as the director may determine.
(4) If at any time the director determines that the credit
union is not in condition to continue business under the
conservator in the interest of its share account holders,
depositors, or creditors, and grounds exist under RCW
31.12.637, the director may proceed with appointment of a
liquidating agent or receiver in accordance with this chapter.
[1997 c 397 § 64.]
31.12.654 Actions by conservator—Review. During
the period of conservatorship, the credit union may request
the director to review an action taken or proposed to be
taken by the conservator, specifying how the action is not in
the best interest of the credit union. The request stays the
action, pending the director’s review of the request. [1997
c 397 § 65.]
31.12.657 Lawsuits during period of conservatorship. Any suit filed against a credit union or its conservator,
during the period of conservatorship, must be brought in the
superior court of Thurston county. A conservator for a
credit union may file suit in any superior court or other court
of competent jurisdiction against any person for the purpose
of preserving, protecting, or recovering any asset or property
of the credit union, including, but not limited to, any claims
or causes of action belonging to or asserted by the credit
union. [1997 c 397 § 66.]
31.12.661 Conservator serves until purposes are
accomplished. The conservator shall serve until the
purposes of the conservatorship have been accomplished. If
[Title 31 RCW—page 24]
rehabilitated, the credit union must be returned to management or new management under such conditions as the
director may determine. [1997 c 397 § 67.]
31.12.664 Liquidation—Suspension or revocation of
articles—Placement in involuntary liquidation—
Appointment of liquidating agent—Notice—Procedure—
Effect. (1) As authorized by RCW 31.12.637, the director
may appoint a liquidating agent for a credit union. Before
appointing a liquidating agent, the director shall issue and
serve notice on the credit union an order directing the credit
union to show cause why its articles of incorporation should
not be suspended or revoked, in accordance with chapter
34.05 RCW.
(2) If the credit union fails to adequately show cause,
the director shall serve the credit union with an order
directing the suspension or revocation of the articles of
incorporation, placing the credit union in involuntary liquidation, appointing a liquidating agent under this section and
RCW 31.12.667, and providing a statement of the findings
on which the order is based.
(3) The suspension or revocation must be immediate and
complete. Once the articles of incorporation are suspended
or revoked, the credit union shall cease conducting business.
The credit union may not accept any payment to share or
deposit accounts, may not grant or pay out any new or
previously approved loans, may not invest any of its assets,
and may not declare or pay out any previously declared
dividends. The liquidating agent of a credit union whose
articles have been suspended or revoked may accept payments on loans previously paid out and may accept income
from investments already made. [1997 c 397 § 68; 1994 c
92 § 218; 1984 c 31 § 69. Formerly RCW 31.12.675.]
31.12.667 Order directing involuntary liquidation—
Procedure. (1) On receipt of the order placing the credit
union in involuntary liquidation, the officers and directors of
the credit union shall deliver to the liquidating agent possession and control of all books, records, assets, and property
of the credit union.
(2) The liquidating agent shall proceed to convert the
assets to cash, collect all debts due to the credit union and
wind up its affairs in accordance with any instructions and
procedures issued by the director. If a liquidating agent
agrees to absorb and serve the membership of the credit
union, the director may approve a pooling of assets and
liabilities rather than a distribution of assets.
(3) Each share account holder and depositor at the credit
union is entitled to a proportionate allocation of the assets in
liquidation after all shares, deposits, and debts have been
paid.
The proportionate allocation shall be based on account
balances as of a date determined by the board. For the
purposes of liquidation, shares and deposits are equivalent.
(4) The liquidating agent shall cause a notice of liquidation to be published once a week for three consecutive
weeks in a newspaper of general circulation in the county in
which the principal place of business of the credit union is
located. The notice of liquidation must inform creditors of
the credit union on how to make a claim upon the liquidating agent, and that if a claim is not made upon the liqui(2002 Ed.)
Washington State Credit Union Act
dating agent within thirty days of the last date of publication,
the creditor’s claim is barred. The liquidating agent shall
provide personal notice of liquidation to the creditors of
record, informing them that if they fail to make a claim upon
the liquidating agent within thirty days of the service of the
notice, the creditor’s claim is barred. If a creditor fails to
make a claim upon the liquidating agent within the times
required to be specified in the notices of liquidation, the
creditor’s claim is barred. All contingent liabilities of the
credit union are discharged upon the director’s order to
liquidate the credit union. The liquidating agent shall, upon
completion, certify to the director that the distribution or
pooling of assets of the credit union is complete. [1997 c
397 § 69; 1994 c 92 § 219; 1984 c 31 § 70. Formerly RCW
31.12.685.]
31.12.671 Receivership—Appointment of receiver
by director—Notice—Act without bond. As authorized by
RCW 31.12.637, the director may without prior notice
appoint a receiver to take possession of a credit union. The
director may appoint the national credit union administration
or other qualified party as receiver. Upon appointment, the
receiver is authorized to act without bond. Upon acceptance
of the appointment, the receiver shall have and possess all
the powers and privileges provided by the laws of this state
with respect to the receivership of a credit union, and be
subject to all the duties of and restrictions applicable to such
a receiver, except insofar as such powers, privileges, duties,
or restrictions are in conflict with any applicable provision
of the federal credit union act.
Upon taking possession of the credit union, the receiver
shall give written notice to the directors of the credit union
and to all persons having possession of any assets of the
credit union. No person with knowledge of the taking of
possession by the receiver shall have a lien or charge for any
payment advanced, clearance made, or liability incurred
against any of the assets of the credit union, after the
receiver takes possession, unless approved by the receiver.
[1997 c 397 § 70.]
31.12.674 Receiver may be required to show
cause—Superior court. Within ten days after the receiver
takes possession of a credit union’s assets, the credit union
may serve notice upon the receiver to appear before the
superior court of the county in which the principal place of
business of the credit union is located and at a time to be
fixed by the court, which may not be less than five or more
than fifteen days from the date of the service of the notice,
to show cause why the credit union should not be restored
to the possession of its assets.
The court shall summarily hear and dismiss the complaint if it finds that the receiver was appointed for cause.
However, if the court finds that no cause existed for appointment of the receiver, the court shall require the receiver to
restore the credit union to possession of its assets and enjoin
the director from further appointment of a receiver for the
credit union without cause. [1997 c 397 § 71.]
31.12.677 Powers and duties of receiver. Upon
taking possession of a credit union, the receiver shall
(2002 Ed.)
31.12.667
proceed to collect the assets of the credit union and preserve,
administer, and liquidate its business and assets.
With the approval of the Thurston county superior court
or the superior court of the county in which the principal
place of business of the credit union is located, the receiver
may sell, compound, or compromise bad or doubtful debts,
and upon such terms as the court may direct, borrow, mortgage, pledge, or sell all or any part of the real and personal
property of the credit union. The receiver may deliver to
each purchaser or lender an appropriate deed, mortgage,
agreement of pledge, or other instrument of title or security.
The receiver may employ an attorney or other assistants to
assist in carrying out the receivership, subject to such surety
bond as the director may require. The premium for any such
bond must be paid out of the assets of the credit union.
In carrying out the receivership, the receiver may
without limitation arrange for the merger or consolidation of
the credit union in receivership with another credit union,
out-of-state credit union, or federal credit union, or may
arrange for the purchase of the credit union’s assets and the
assumption of its liabilities by such a credit union, in whole
or in part, or may arrange for such a transaction with another
type of financial institution as may be otherwise permitted
by law. The receiver shall give preference to transactions
with a credit union or a federal credit union that has its
principal place of business in this state. [1997 c 397 § 72.]
31.12.681 Claims against credit union in receivership—Notice. The receiver shall publish once a week for
four consecutive weeks in a newspaper of general circulation
in the county where the credit union’s principal place of
business is located, a notice requiring all persons having
claims against the credit union to file proof of claim not later
than ninety days from the date of the first publication of the
notice. The receiver shall mail similar notices to all persons
whose names appear as creditors upon the books of the
credit union. The assets of the credit union are not subject
to contingent claims.
After the expiration of the time fixed in the notice, the
receiver has no power to accept any claim except the claim
of a depositor or share account holder, and all other claims
are barred. Claims of depositors or share account holders
may be presented after the expiration of the time fixed in the
notice and may be approved by the receiver. If such a claim
is approved, the depositor or share account holder is entitled
to its proportion of prior liquidation dividends, if sufficient
funds are available for it, and will share in the distribution
of the remaining assets.
The receiver may approve or reject any claim, but shall
serve notice of rejection upon the claimant by mail or
personally. An affidavit of service of the notice of rejection
will serve as prima facie evidence that notice was given. No
action may be brought on any claim after three months from
the date of service of the notice of rejection. [1997 c 397 §
73.]
31.12.684 Receiver shall inventory assets—File lists
of assets and claims—Objections to approved claims.
Upon taking possession of the credit union, the receiver shall
make an inventory of the assets and file the list in the office
of the county clerk. Upon the expiration of the time fixed
[Title 31 RCW—page 25]
31.12.684
Title 31 RCW: Miscellaneous Loan Agencies
for the presentation of claims, the receiver shall make a list
of claims presented, segregating those approved and those
rejected, to be filed in the office of the county clerk. The
receiver shall also make and file with the office of the
county clerk a supplemental list of claims at least fifteen
days before the declaration of any liquidation dividend, and
in any event at least every six months.
Objection may be made by any interested person to any
claim approved by the receiver. Objections to claims
approved by the receiver will be resolved by the court after
providing notice to both the claimant and objector, as the
court may prescribe. [1997 c 397 § 74.]
31.12.687 Expenses incurred by receiver. All
expenses incurred by the receiver in relation to the receivership of a credit union, including, but not limited to, reasonable attorneys’ fees, become a first charge upon the assets of
the credit union. The charges shall be fixed and determined
by the receiver, subject to the approval of the court. [1997
c 397 § 75.]
31.12.691 Liquidation dividends—Approval of
court. At any time after the expiration of the date fixed for
the presentation of claims, the receiver, subject to the
approval of the court, may declare one or more liquidation
dividends out of the funds remaining after the payment of
expenses. [1997 c 397 § 76.]
31.12.694 Remaining assets—Distribution. When all
expenses of the receivership have been paid, as well as all
proper claims of share account holders, depositors, and other
creditors, and proper provision has been made for unclaimed
or unpaid debts and liquidation dividends, and assets of the
credit union still remain, the receiver shall wind up the
affairs of the credit union and distribute its assets to those
entitled to them. Each share account holder and depositor at
the credit union is entitled to a proportionate share of the
assets remaining. The proportionate allocation shall be based
on account balances as of a date determined by the board.
For the purposes of liquidation, shares and deposits are
equivalent. [1997 c 397 § 77.]
31.12.697 Unclaimed liquidation dividends. Any
liquidation dividends to share account holders, depositors, or
other creditors of the credit union remaining uncalled for and
unpaid in the hands of the receiver for six months after the
order of final distribution, must be deposited in a financial
institution to each share account holder’s, depositor’s, or
creditor’s credit. The funds must be held in trust for the
benefit of the persons entitled to the funds and, subject to the
supervision of the court, must be paid by the receiver to
them upon presentation of satisfactory evidence of their right
to the funds. [1997 c 397 § 78.]
31.12.701 Personal property—Receiver’s duties. (1)
The receiver shall inventory, package, and seal uncalled for
and unclaimed personal property left with the credit union,
including, but not limited to, property held in safe deposit
boxes, and arrange for the packages to be held in safekeeping. The credit union, its directors and officers, and the
receiver, shall be relieved of responsibility and liability for
[Title 31 RCW—page 26]
the property held in safekeeping. The receiver shall promptly send to each person in whose name the property stood on
the books of the credit union, at the person’s last known
address, a registered letter notifying the person that the
property will be held in the person’s name for a period of
not less than two years.
(2) After the expiration of two years from the date of
mailing the notice, the receiver shall promptly send to each
person in whose name the property stood on the books of the
credit union, at the person’s last known address, a registered
letter providing notice of sale. The letter must indicate that
the receiver will sell the property set out in the notice, at a
public auction at a specified time and place, not less than
thirty days after the date of mailing the letter. The receiver
may sell the property unless the person, prior to the sale,
presents satisfactory evidence of the person’s right to the
property. A notice of the time and place of the sale must be
published once within ten days prior to the sale in a newspaper of general circulation in the county where the sale is to
be held.
(3) Any property, for which the address of the owner or
owners is not known, may be sold at public auction after it
has been held by the receiver for two years. A notice of the
time and place of the sale must be published once within ten
days prior to the sale in a newspaper of general circulation
in the county where the sale is to be held.
(4) Whenever the personal property left with the credit
union consists either wholly or in part, of documents, letters,
or other papers of a private nature, the documents, letters, or
papers may not be sold, but must be retained by the receiver
and may be destroyed after a period of five years. [1997 c
397 § 79.]
31.12.704 Proceeds of sale—Deposit or payment by
receiver. The proceeds of the sale less any amounts for
costs and charges incurred in safekeeping and sale must be
deposited by the receiver in a financial institution, in trust
for the benefit of the person entitled to the property. The
sale proceeds must be paid by the receiver to the person
upon presentation of satisfactory evidence of the person’s
right to the funds. [1997 c 397 § 80.]
31.12.707 Completion of receivership—Merger,
purchase, or liquidation—Secretary of state. Upon the
completion of a receivership through merger, purchase of
assets and assumption of liabilities, or liquidation, the
director shall terminate the credit union’s authority to
conduct business and certify that fact to the secretary of
state. Upon certification, the credit union shall cease to exist
and the secretary of state shall note that fact upon his or her
records. [1997 c 397 § 81.]
31.12.711 Director may terminate receivership—
Expenses. If at any time after a receiver is appointed, the
director determines that all material deficiencies at the credit
union have been corrected, and that the credit union is in a
safe and sound condition to resume conducting business, the
director may terminate the receivership and permit the credit
union to reopen upon such terms and conditions as the
director may prescribe. Before being permitted to reopen,
(2002 Ed.)
Washington State Credit Union Act
31.12.711
the credit union must pay all of the expenses of the receiver.
[1997 c 397 § 82.]
credit union, knowing that the credit union is insolvent, is
guilty of a felony. [1997 c 397 § 86.]
31.12.714 Receivership files. The receiver or
director, as appropriate, may at any time after the expiration
of one year from the order of final distribution, or from the
date when the receivership has been completed, destroy any
of the remaining files, records, documents, books of account,
or other papers of the credit union that appear to be obsolete
or unnecessary for future reference as part of the receivership files. [1997 c 397 § 83.]
MISCELLANEOUS
31.12.717 Pendency of proceedings for review of
appointment of receiver—Liabilities of credit union—
Availability of relevant data. The pendency of any
proceedings for judicial review of the appointment of a
receiver may not operate to prevent the payment or acquisition of the share and deposit liabilities of the credit union by
the national credit union administration or other insurer or
guarantor of the share and deposit liabilities of the credit
union. During the pendency of the proceedings, the receiver
shall make credit union facilities, books, records, and other
relevant credit union data available to the insurer or guarantor as may be necessary or appropriate to enable the insurer
or guarantor to pay out or to acquire the insured or guaranteed share and deposit liabilities of the credit union. The
national credit union administration and any other insurer or
guarantor of the credit union’s share and deposit liabilities,
together with their directors, officers, agents, and employees,
and the director and receiver and their agents and employees,
will be free from liability to the credit union, its directors,
members, and creditors, for or on account of any action
taken in connection with the receivership. [1997 c 397 §
84.]
31.12.721 Appointment by court of temporary
receiver—Notice to director. No receiver may be appointed by any court for any credit union, except that a court
otherwise having jurisdiction may in case of imminent
necessity appoint a temporary receiver to take possession of
and preserve the assets of the credit union. Immediately
upon appointment, the clerk of the court shall notify the director in writing of the appointment and the director shall
appoint a receiver to take possession of the credit union and
the temporary receiver shall upon demand surrender possession of the assets of the credit union to the receiver. The
receiver may in due course pay the temporary receiver out
of the assets of the credit union, subject to the approval of
the court. [1997 c 397 § 85.]
31.12.724 Actions that are void—Felonious conduct—Penalties. Every transfer of a credit union’s property
or assets, and every assignment by a credit union for the
benefit of creditors, made in contemplation of insolvency, or
after it has become insolvent, to intentionally prefer one
creditor over another, or to intentionally prevent the equal
distribution of its property and assets among its creditors, is
void. Every credit union director, officer, or employee
making any such transfer is guilty of a felony.
An officer, director, or employee of a credit union who
fraudulently receives any share or deposit on behalf of the
(2002 Ed.)
31.12.850 Prohibited acts—Penalty. (1) It is
unlawful for a director, supervisory committee member,
officer, employee, or agent of a credit union to knowingly
violate or consent to a violation of this chapter. Unless
otherwise provided by law, a violation of this subsection is
a misdemeanor under chapter 9A.20 RCW.
(2) It is unlawful for a person to perform any of the
following acts:
(a) To knowingly subscribe to, make, or cause to be
made a false statement or entry in the books of a credit
union;
(b) To knowingly make a false statement or entry in a
report required to be made to the director; or
(c) To knowingly exhibit a false or fictitious paper,
instrument, or security to a person authorized to examine a
credit union.
A violation of this subsection is a class C felony under
chapter 9A.20 RCW. [1997 c 397 § 87; 1994 c 92 § 215;
1984 c 31 § 65. Formerly RCW 31.12.635.]
31.12.860 Taxation of credit unions. Neither a credit
union nor its members may be taxed upon its shares and
deposits as property. A credit union shall be taxable upon
its real property and tangible personal property, and every
credit union shall be termed a mutual institution for savings
and neither it nor its property may be taxable under any law
which exempts savings banks or institutions for savings from
taxation. For all purposes of taxation, the assets represented
by the regular reserve and other reserves, other than reserves
for expenses and losses of a credit union, shall be deemed its
only permanent capital, and in computing any tax, whether
it be property, income, or excise, appropriate adjustment
shall be made to give effect to the mutual nature of such
credit union. [1984 c 31 § 75. Formerly RCW 31.12.735.]
31.12.890
RCW.
Satellite facilities. See chapter 30.43
31.12.891 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to
automated teller machines and night depositories regulated
under this title. [1993 c 324 § 11. Formerly RCW
31.12.740.]
Effective date—1993 c 324: See RCW 19.174.900.
31.12.902 Short title. This chapter may be known
and cited as the "Washington State Credit Union Act."
[1984 c 31 § 76.]
31.12.906 Effective date—1997 c 397. Except for
sections 35 and 50 of this act, this act takes effect January
1, 1998. [1997 c 397 § 92.]
31.12.907 Severability—1997 c 397. If any provision
of this act or its application to any person or circumstance is
[Title 31 RCW—page 27]
31.12.907
Title 31 RCW: Miscellaneous Loan Agencies
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1997 c 397 § 93.]
31.12.908 Severability—2001 c 83. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2001 c 83 § 41.]
Chapter 31.13
CORPORATE CREDIT UNIONS
(Formerly: Central credit unions)
Sections
31.13.010
31.13.020
Definition of corporate credit union or corporate.
Authority to organize and operate—Powers and authorities—Name—Federal or Kansas state corporate credit
unions.
Master license system exemption: RCW 19.02.800.
31.13.010 Definition of corporate credit union or
corporate. As used in this chapter, unless the context in
which it is used clearly indicates otherwise, the term
"corporate credit union" or "corporate" means a credit union
organized under this chapter. [2001 c 83 § 36; 1984 c 31 §
79; 1977 ex.s. c 207 § 5.]
Severability—2001 c 83: See RCW 31.12.908.
31.13.020 Authority to organize and operate—
Powers and authorities—Name—Federal or Kansas state
corporate credit unions. (1) Corporate credit unions may
be organized and operated under this chapter. A corporate
credit union has all the powers and authorities granted in,
and is subject to, all of the provisions of chapter 31.12 RCW
which are not inconsistent with this chapter. A corporate
must use the term "corporate" in its official name. The
director may adopt rules for the organization and operation
of corporate credit unions.
(2) Notwithstanding any other provision of law, and in
addition to all powers and authorities, express or implied,
that a corporate credit union has under the laws of this state,
a corporate has the powers and authorities that a federal or
Kansas state corporate credit union had on July 22, 2001.
However, a corporate must still comply with RCW
31.12.408.
(3) Notwithstanding any other provision of law, and in
addition to the powers and authorities, express or implied,
that a corporate has under subsection (2) of this section, a
corporate credit union has the powers and authorities that a
federal or Kansas state corporate credit union has subsequent
to July 22, 2001, if the director finds that the exercise of the
power and authority serves the convenience and advantage
of members of credit unions, and maintains the fairness of
competition and parity between corporate credit unions.
However, a corporate must still comply with RCW
31.12.408.
(4) The restrictions, limitations, and requirements
applicable to specific powers or authorities of federal or
Kansas state corporate credit unions apply to corporate credit
unions exercising those powers or authorities permitted under
[Title 31 RCW—page 28]
this section but only insofar as the restrictions, limitations,
and requirements relate to the specific exercise of the powers
or authorities granted corporate credit unions solely under
this section.
(5) As used in this section, "powers and authorities"
include, but are not limited to, powers and authorities in
corporate governance matters. [2001 c 83 § 37; 1977 ex.s.
c 207 § 1.]
Severability—2001 c 83: See RCW 31.12.908.
Chapter 31.20
DEVELOPMENT CREDIT CORPORATIONS
Sections
31.20.010
31.20.020
31.20.030
31.20.040
31.20.050
31.20.060
31.20.070
31.20.080
31.20.090
31.20.100
31.20.110
31.20.120
31.20.130
31.20.140
Creation under general corporation laws authorized.
Purposes specified.
Corporate powers.
Minimum capital stock.
Board of directors.
Members power to loan funds to corporation.
Members of corporation enumerated.
Members duty to loan funds to corporation—Maximum
limits—Proration of calls.
Withdrawal from membership.
Surplus reserve required.
Funds to be deposited in designated depository.
Money deposits prohibited.
Publication of annual statement of assets and liabilities.
Participation in federal act authorized.
31.20.010 Creation under general corporation laws
authorized. Organizations to provide development credit
are authorized to be created under the general corporation
laws of the state, with all of the powers, privileges and
immunities conferred on corporations by such laws. [1959
c 213 § 1.]
31.20.020 Purposes specified. The purposes of
development credit corporations as authorized herein shall
be: (1) To promote, aid, and, through the united efforts of
the institutions and corporations which shall from time to
time become members thereof, develop and advance the
industrial and business prosperity and welfare of the state of
Washington; (2) To encourage new industries; (3) To
stimulate and help to expand all kinds of business ventures
which tend to promote the growth of the state; (4) To act
whenever and wherever deemed by it advisable in conjunction with other organizations, the objects of which are the
promotion of industrial, agricultural or recreational developments within the state; and (5) To furnish for approved and
deserving applicants ready and required money for the
carrying on and development of every kind of business or
industrial undertaking whereby a medium of credit is
established not otherwise readily available therefor. [1959
c 213 § 2.]
31.20.030 Corporate powers. In furtherance of the
purposes set forth in RCW 31.20.020, and in addition to the
powers conferred by the general laws relating to corporations, this corporation shall, subject to the restrictions and
limitations set forth in this chapter, have the following
powers:
(2002 Ed.)
Development Credit Corporations
(1) To borrow money on secured or unsecured notes
from any bank, trust company, savings bank, mutual savings
bank, savings and loan association, building and loan
association, credit union, insurance company or union funds
which shall be members of this corporation and to pledge
bonds, notes and other securities as collateral therefor:
PROVIDED, In no case shall the amount so loaned by any
member exceed the limit as hereinafter defined;
(2) To lend money upon secured or unsecured applications: PROVIDED, It shall not be the purpose hereof to
take from other institutions within the state any such loans
or commitments as may be desired by such institutions
generally in the ordinary course of their business;
(3) To establish and regulate the terms and conditions
of any such loans and charges for interest or service connected therewith;
(4) To purchase, hold, lease and otherwise acquire and
to convey such real estate as may, from time to time, be
acquired by it in satisfaction of debts or may be acquired by
it in the foreclosure of mortgages thereon or upon judgments
for debts or in settlements to secure debts. [1959 c 213 § 3.]
31.20.040 Minimum capital stock. No development
credit corporation shall be organized with a capital stock of
less than twenty-five thousand dollars, which shall be paid
into the treasury of the corporation in cash before the
corporation shall be authorized to transact any business other
than such as relates to its organization. [1959 c 213 § 4.]
31.20.050 Board of directors. All the corporate
powers of a development credit corporation shall be exercised by a board of not less than nine directors who shall be
residents of this state. The number of directors and their
term of office shall be determined by the stockholders at the
first meeting held by the incorporators and at each annual
meeting thereafter. In the first instance the directors shall be
elected by the stockholders to serve until the first annual
meeting. At the first annual meeting, and at each annual
meeting thereafter, one-third of the directors shall be elected
by a vote of the stockholders and the remaining two-thirds
thereof shall be elected by members of the corporation
herein provided for, each member having one vote. The
removal of any director from this state shall immediately
vacate his office. If any vacancy occurs in the board of
directors through death, resignation or otherwise, the remaining directors may elect a person to fill the vacancy until
the next annual meeting of the corporation. The directors
shall be annually sworn to the proper discharge of their
duties and they shall hold office until others are elected or
appointed and qualified in their stead. [1959 c 213 § 5.]
31.20.060 Members power to loan funds to corporation. Any member, as set forth in RCW 31.20.070, shall
have power and authority to loan any of their funds to any
development credit corporation of which they are a member,
subject to the restrictions as set forth in RCW 31.20.080,
notwithstanding any laws to the contrary pertaining to such
member. [1959 c 213 § 6.]
31.20.070 Members of corporation enumerated.
The members of a development credit corporation shall
(2002 Ed.)
31.20.030
consist of such banks, trust companies, savings banks,
mutual savings banks, savings and loan associations, building
and loan associations, credit unions, insurance companies or
union funds as may make accepted applications to this
corporation to lend funds to it upon call and up to the limit
herein provided. [1959 c 213 § 7.]
31.20.080 Members duty to loan funds to corporation—Maximum limits—Proration of calls. Each member
of a development credit corporation shall lend funds to the
development credit corporation as and when called upon by
it to do so to the extent of the member’s commitment, but
the total amount on loan by any member at any one time
shall not exceed the following limit: (1) For banks, trust
companies, or insurance companies, three percent of capital
and surplus; (2) For mutual savings banks, savings and loan
associations, or credit unions, three percent of guaranty and
reserve funds; and (3) Comparable limits for other institutions. All loan limits shall be established at the thousand
dollars amount nearest to the amount computed on an actual
basis. All calls when made by this corporation shall be
prorated among the members on the same proportion that the
maximum lending commitment of each bears to the aggregate maximum lending commitment of all members. [1959
c 213 § 8.]
31.20.090 Withdrawal from membership. Upon
notice given one year in advance a member of the corporation may withdraw from membership in the corporation at
the expiration date of such notice and from said expiration
date shall be free from obligations hereunder except as to
those accrued prior to said expiration date. [1959 c 213 §
9.]
31.20.100 Surplus reserve required. A development
credit corporation shall set apart a surplus of not less than
ten percent of its net earnings in each and every year until
such surplus, with any unimpaired surplus paid in, shall
amount to one-half of the capital stock. The said surplus
shall be kept to secure against losses and contingencies, and
whenever the same becomes impaired it shall be reimbursed
in the manner provided for its accumulation. [1959 c 213 §
10.]
31.20.110 Funds to be deposited in designated
depository. A development credit corporation shall not
deposit any of its funds in any institution unless such
institution has been designated as a depository by a vote of
a majority of the directors, exclusive of the vote of any
director who is an officer or director of the depository so
designated. [1959 c 213 § 11.]
31.20.120 Money deposits prohibited. A development credit corporation shall not receive money on deposit.
[1959 c 213 § 12.]
31.20.130 Publication of annual statement of assets
and liabilities. A development credit corporation, on or
before February 15th of each year, shall publish in three
consecutive issues of a newspaper of general circulation in
[Title 31 RCW—page 29]
31.20.130
Title 31 RCW: Miscellaneous Loan Agencies
the area or areas where the corporation is located a statement
of assets and liabilities as of December 31st of the preceding
year. [1959 c 213 § 13.]
31.20.140 Participation in federal act authorized.
Any development credit corporation desiring to qualify and
participate in the federal Small Business Investment Act of
1958 and as hereafter amended may do so and to that end
may comply with all the laws of the United States and all
the rules, regulations and requirements promulgated pursuant
thereto. [1959 c 213 § 14.]
Chapter 31.24
INDUSTRIAL DEVELOPMENT CORPORATIONS
Sections
31.24.010
31.24.020
31.24.030
31.24.040
31.24.050
31.24.060
31.24.070
31.24.080
31.24.090
31.24.100
31.24.110
31.24.120
31.24.130
31.24.140
31.24.150
31.24.160
31.24.170
31.24.180
31.24.190
31.24.900
Economic
Definitions.
Articles of incorporation—Contents—Approval.
Corporate powers.
Organizations authorized to acquire, hold and dispose of
corporate bonds, securities, stock, etc.—Membership—
Rights and powers—Limitation on stock ownership.
Membership by financial institutions—Loans to corporation
by members—Limitations—Interest.
Membership—Duration—Withdrawal.
Powers of stockholders and members—Voting rights—Proxy
voting.
Amendment of articles—Articles of amendment—
Contents—Filing.
Board of directors.
Earnings and surplus—Reserves.
Funds to be deposited in designated depository—Money
deposits prohibited.
Examinations by director of financial institutions—
Reports—Authority of director.
First meeting.
Duration of corporation.
Dissolution—Method—Distribution of assets.
Credit of state not pledged.
Corporations designated state development companies—
Scope of operations.
Calendar year adopted as fiscal year.
Formation of industrial development corporation for purpose
of preservation of historic buildings or areas.
Severability—1963 c 162.
development finance authority: RCW 43.163.080.
31.24.010 Definitions. As used in this chapter, the
following words and phrases, unless differently defined or
described, shall have the meanings and references as follows:
(1) Corporation means a Washington industrial development corporation created under this chapter.
(2) Financial institution means any banking corporation
or trust company, national banking association, savings and
loan association, insurance company or related corporation,
partnership, foundation, or other institution engaged primarily in lending or investing funds.
(3) Member means any financial institution authorized
to do business within this state which shall undertake to lend
money to a corporation created under this chapter, upon its
call, and in accordance with the provisions of this chapter.
(4) Board of directors means the board of directors of
the corporation created under this chapter.
(5) Loan limit means for any member, the maximum
amount permitted to be outstanding at one time on loans
[Title 31 RCW—page 30]
made by such member to the corporation, as determined
under the provisions of this chapter. [1963 c 162 § 1.]
31.24.020 Articles of incorporation—Contents—
Approval. Fifteen or more persons, a majority of whom
shall be residents of this state, who may desire to create an
industrial development corporation under the provisions of
this chapter, for the purpose of promoting, developing and
advancing the prosperity and economic welfare of the state
and, to that end, to exercise the powers and privileges
hereinafter provided, may be incorporated by filing in the
office of the secretary of state, as hereinafter provided,
articles of incorporation. The articles of incorporation shall
contain:
(1) The name of the corporation, which shall include the
words "Development Corporation of Washington."
(2) The location of the principal office of the corporation, but such corporation may have offices in such other
places within the state as may be fixed by the board of
directors.
(3) The purposes for which the corporation is founded,
which shall be to promote, stimulate, develop and advance
the business prosperity and economic welfare of Washington
and its citizens; to encourage and assist through loans,
investments or other business transactions in the location of
new business and industry in this state and to rehabilitate
and assist existing business and industry; to stimulate and
assist in the expansion of all kinds of business activity which
will tend to promote the business development and maintain
the economic stability of this state, provide maximum
opportunities for employment, encourage thrift, and improve
the standard of living of citizens of this state; similarly, to
cooperate and act in conjunction with other organizations,
public or private, in the promotion and advancement of
industrial, commercial, agricultural and recreational developments in this state; and to provide financing for the promotion, development, and conduct of all kinds of business
activity in this state.
(4) The names and post office addresses of the members
of the first board of directors, who, unless otherwise provided by the articles of incorporation or the bylaws, shall hold
office for the first year of existence of the corporation or
until their successors are elected and have qualified.
(5) Any provision which the incorporators may choose
to insert for the regulation of the business and for the
conduct of the affairs of the corporation and any provision
creating, dividing, limiting and regulating the powers of the
corporation, the directors, stockholders or any class of the
stockholders, including, but not limited to a list of the
officers, and provisions governing the issuance of stock
certificates to replace lost or destroyed certificates.
(6) The amount of authorized capital stock and the
number of shares into which it is divided, the par value of
each share and the amount of capital with which it will
commence business and, if there is more than one class of
stock, a description of the different classes; the names and
post office addresses of the subscribers of stock and the
number of shares subscribed by each. The aggregate of the
subscription shall be the minimum amount of capital with
which the corporation shall commence business which shall
not be less than fifty thousand dollars. The articles of
(2002 Ed.)
Industrial Development Corporations
incorporation may also contain any provision consistent with
the laws of this state for the regulation of the affairs of the
corporation.
(7) The articles of incorporation shall be in writing, subscribed by not less than five natural persons competent to
contract and acknowledged by each of the subscribers before
an officer authorized to take acknowledgments and filed in
the office of the secretary of state for approval. A duplicate
copy so subscribed and acknowledged may also be filed.
(8) The articles of incorporation shall recite that the
corporation is organized under the provisions of this chapter.
The secretary of state shall not approve articles of
incorporation for a corporation organized under this chapter
until a total of at least ten national banks, state banks,
savings banks, industrial savings banks, federal savings and
loan associations, domestic building and loan associations, or
insurance companies authorized to do business within this
state, or any combination thereof, have agreed in writing to
become members of said corporation; and said written
agreement shall be filed with the secretary of state with the
articles of incorporation and the filing of same shall be a
condition precedent to the approval of the articles of incorporation by the secretary of state. Whenever the articles of
incorporation shall have been filed in the office of the
secretary of state and approved by him and all taxes, fees
and charges, have been paid, as required by law, the subscribers, their successors and assigns shall constitute a
corporation, and said corporation shall then be authorized to
commence business, and stock thereof to the extent herein or
hereafter duly authorized may from time to time be issued.
[1974 ex.s. c 16 § 1; 1963 c 162 § 2.]
31.24.030 Corporate powers. In furtherance of its
purposes and in addition to the powers now or hereafter
conferred on business corporations by the provisions of Title
23B RCW, the corporation shall, subject to the restrictions
and limitations herein contained, have the following powers:
(1) To elect, appoint and employ officers, agents and
employees; to make contracts and incur liabilities for any of
the purposes of the corporation: PROVIDED, That the
corporation shall not incur any secondary liability by way of
guaranty or endorsement of the obligations of any person,
firm, corporation, joint stock company, association or trust,
or in any other manner.
(2) To borrow money from its members and the small
business administration and any other similar federal agency,
for any of the purposes of the corporation; to issue therefor
its bonds, debentures, notes or other evidence of indebtedness, whether secured or unsecured, and to secure the same
by mortgage, pledge, deed of trust or other lien on its
property, franchises, rights and privileges of every kind and
nature or any part thereof or interest therein, without
securing stockholder or member approval: PROVIDED,
That no loan to the corporation shall be secured in any
manner unless all outstanding loans to the corporation shall
be secured equally and ratably in proportion to the unpaid
balance of such loans and in the same manner.
(3) To make loans to any person, firm, corporation,
joint-stock company, association or trust, and to establish
and regulate the terms and conditions with respect to any
such loans and the charges for interest and service connected
(2002 Ed.)
31.24.020
therewith: PROVIDED, That the corporation shall not
approve any application for a loan unless and until the
person applying for said loan shall show that he has applied
for the loan through ordinary banking channels and that the
loan has been refused by at least one bank or other financial
institution.
(4) To purchase, receive, hold, lease, or otherwise
acquire, and to sell, convey, transfer, lease or otherwise
dispose of real and personal property, together with such
rights and privileges as may be incidental and appurtenant
thereto and the use thereof, including, but not restricted to,
any real or personal property acquired by the corporation
from time to time in the satisfaction of debts or enforcement
of obligations.
(5) To acquire the good will, business, rights, real and
personal property, and other assets, or any part thereof, or
interest therein, of any persons, firms, corporations, jointstock companies, associations or trusts, and to assume,
undertake, or pay the obligations, debts and liabilities of any
such person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate
for the purpose of constructing industrial plants or other
business establishments thereon or for the purpose of disposing of such real estate to others for the construction of
industrial plants or other business establishments; and to
acquire, construct or reconstruct, alter, repair, maintain,
operate, sell, convey, transfer, lease, or otherwise dispose of
industrial plants or business establishments.
(6) To acquire, subscribe for, own, hold, sell, assign,
transfer, mortgage, pledge or otherwise dispose of the stock,
shares, bonds, debentures, notes or other securities and
evidences of interest in, or indebtedness of, any person, firm,
corporation, joint-stock company, association or trust, and
while the owner or holder thereof to exercise all the rights,
powers and privileges of ownership, including the right to
vote thereon.
(7) To mortgage, pledge, or otherwise encumber any
property, right or things of value, acquired pursuant to the
powers contained in subsections (4), (5), or (6) of this
section, as security for the payment of any part of the
purchase price thereof.
(8) To cooperate with and avail itself of the facilities of
the United States department of commerce, the department
of trade and economic development, and any other similar
state or federal governmental agencies; and to cooperate with
and assist, and otherwise encourage organizations in the
various communities of the state in the promotion, assistance
and development of the business prosperity and economic
welfare of such communities or of this state or of any part
thereof.
(9) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this chapter.
[1991 c 72 § 49; 1985 c 466 § 42; 1983 c 3 § 51; 1963 c
162 § 3.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
31.24.040 Organizations authorized to acquire, hold
and dispose of corporate bonds, securities, stock, etc.—
Membership—Rights and powers—Limitation on stock
ownership. Notwithstanding any rule at common law or
any provision of any general or special law or any provision
[Title 31 RCW—page 31]
31.24.040
Title 31 RCW: Miscellaneous Loan Agencies
in their respective charters, agreements of association,
articles of organization or trust indentures:
(1) Any person including all domestic corporations
organized for the purpose of carrying on business within this
state and further including without implied limitation public
utility companies and insurance companies, and foreign
corporations licensed to do business within this state, and all
financial institutions as defined herein, and all trustees, are
hereby authorized to acquire, purchase, hold, sell, assign,
transfer, mortgage, pledge or otherwise dispose of any
bonds, securities or other evidences of indebtedness created
by, or the shares of the capital stock of, the corporation, and
while owners of said stock to exercise all the rights, powers
and privileges of ownership, including the right to vote
thereon, all without the approval of any regulatory authority
of the state except as otherwise provided in this chapter:
PROVIDED, That a financial institution which does not
become a member of the corporation shall not be permitted
to acquire any shares of the capital stock of the corporation;
(2) All financial institutions are hereby authorized to
become members of the corporation and to make loans to the
corporation as provided herein; and
(3) Each financial institution which becomes a member
of the corporation is hereby authorized to acquire, purchase,
hold, sell, assign, transfer, mortgage, pledge or otherwise
dispose of, any bonds, securities or other evidences of
indebtedness created by, or the shares of the capital stock of,
the corporation, and while owners of said stock, to exercise
all the rights, powers and privileges of ownership, including
the right to vote thereon, all without the approval of any
regulatory authority of the state: PROVIDED, That the
amount of the capital stock of the corporation which may be
acquired by any member pursuant to the authority granted
herein shall not exceed ten percent of the loan limit of such
member.
The amount of capital stock of the corporation which
any member is authorized to acquire pursuant to the authority granted herein is in addition to the amount of capital stock
in corporations which such member may otherwise be
authorized to acquire. [1963 c 162 § 4.]
31.24.050 Membership by financial institutions—
Loans to corporation by members—Limitations—
Interest. Any financial institution may request membership
in the corporation by making application to the board of
directors on such form and in such manner as said board of
directors may require, and membership shall become
effective upon acceptance of such application by said board.
Each member of the corporation shall make loans to the
corporation as and when called upon by it to do so on such
terms and other conditions as shall be approved from time to
time by the board of directors, subject to the following
conditions:
(1) All loan limits shall be established at the thousand
dollar amount nearest to the amount computed in accordance
with the provisions of this section.
(2) No loan to the corporation shall be made if immediately thereafter the total amount of the obligations of the
corporation would exceed fifteen times the amount then paid
in on the outstanding capital stock of the corporation.
[Title 31 RCW—page 32]
(3) The total amount outstanding on loans to the
corporation made by any member at any time, when added
to the amount of the investment in the capital stock of the
corporation then held by such member, shall not exceed:
(a) Thirty percent of the total amount then outstanding
on loans to the corporation by all members, including in said
total amount outstanding, amounts validly called for loan but
not yet loaned.
(b) The following limit, to be determined as of the time
such member becomes a member on the basis of the audited
balance sheet of such member at the close of its fiscal year
immediately preceding its application for membership, or
thereafter on the basis of the preceding fiscal year, or in the
case of an insurance company, its last annual statement to
the state insurance commissioner; or thereafter on the basis
of its last annual statement to the insurance commissioner,
two and one-half percent of the capital and surplus of
commercial banks and trust companies; one-half of one
percent of the total outstanding loans made by savings and
loan associations, and building and loan associations; two
and one-half percent of the capital and unassigned surplus of
stock insurance companies, except fire insurance companies;
two and one-half percent of the unassigned surplus of mutual
insurance companies, except fire insurance companies; onetenth of one percent of the assets of fire insurance companies; and such limits as may be approved by the board of
directors of the corporation for other financial institutions.
(4) Subject to subsection (3)(a) of this section, each call
made by the corporation shall be prorated among the
members of the corporation in substantially the same
proportion that the adjusted loan limit of each member bears
to the aggregate of the adjusted loan limits of all members.
The adjusted loan limit of a member shall be the amount of
such member’s loan limit, reduced by the balance of
outstanding loans made by such member to the corporation
and the investment in capital stock of the corporation held
by such member at the time of such call.
(5) All loans to the corporation by members shall be
evidenced by bonds, debentures, notes, or other evidences of
indebtedness of the corporation, which shall be freely
transferable at all times, and which shall bear interest at a
rate of not less than one-quarter of one percent in excess of
the rate of interest determined by the board of directors to be
the prime rate prevailing at the date of issuance thereof on
unsecured commercial loans. [1974 ex.s. c 16 § 2; 1973 1st
ex.s. c 90 § 1; 1963 c 162 § 5.]
31.24.060 Membership—Duration—Withdrawal.
Membership in the corporation shall be for the duration of
the corporation: PROVIDED, That upon written notice
given to the corporation five years in advance, a member
may withdraw from membership in the corporation at the
expiration date of such notice.
A member shall not be obligated to make any loans to
the corporation pursuant to calls made subsequent to notice
of the intended withdrawal of said member. [1963 c 162 §
6.]
31.24.070 Powers of stockholders and members—
Voting rights—Proxy voting. The stockholders and the
(2002 Ed.)
Industrial Development Corporations
members of the corporation shall have the following powers
of the corporation:
(1) To determine the number of and elect directors as
provided in RCW 31.24.090;
(2) To make, amend and repeal bylaws;
(3) To amend this charter as provided in RCW
31.24.080;
(4) To dissolve the corporation as provided in RCW
31.24.150;
(5) To do all things necessary or desirable to secure aid,
assistance, loans and other financing from any financial
institutions, and from any agency established under the small
business investment act of 1958, public law 85-699, 85th
congress, or other similar federal laws now or hereafter enacted.
(6) To exercise such other of the powers of the corporation consistent with this chapter as may be conferred on the
stockholders and the members by the bylaws.
As to all matters requiring action by the stockholders
and the members of the corporation, said stockholders and
said members shall vote separately thereon by classes, and,
except as otherwise herein provided, such matters shall require the affirmative vote of a majority of the votes to which
the stockholders present or represented at the meeting shall
be entitled and the affirmative vote of a majority of the votes
to which the members present or represented at the meeting
shall be entitled.
Each stockholder shall have one vote, in person or by
proxy, for each share of capital stock held by him, and each
member shall have one vote, in person or by proxy, except
that any member having a loan limit of more than one
thousand dollars shall have one additional vote, in person or
by proxy, for each additional one thousand dollars which
such member is authorized to have outstanding on loans to
the corporation at any one time as determined under subsection (3)(b) of RCW 31.24.050. [1963 c 162 § 7.]
31.24.080 Amendment of articles—Articles of
amendment—Contents—Filing. The articles of incorporation may be amended by the votes of the stockholders and
the members of the corporation, voting separately by classes,
and such amendments shall require approval by the affirmative vote of two-thirds of the votes to which the stockholders
shall be entitled and two-thirds of the votes to which the
members shall be entitled: PROVIDED, That no amendment
of the articles of incorporation which is inconsistent with the
general purposes expressed herein or which authorizes any
additional class of capital stock to be issued, or which
eliminates or curtails the right of the director to examine the
corporation or the obligation of the corporation to make
reports as provided in RCW 31.24.120, shall be made:
PROVIDED, FURTHER, That no amendment of the articles
of incorporation which increases the obligation of a member
to make loans to the corporation, or makes any charge in the
principal amount, interest rate, maturity date, or in the
security or credit position of an outstanding loan of a
member to the corporation, or affects a member’s right to
withdraw from membership as provided herein, or affects a
member’s voting rights as provided herein, shall be made
without the consent of each membership affected by such
amendment.
(2002 Ed.)
31.24.070
Within thirty days after any meeting at which an
amendment of the articles of incorporation has been adopted,
articles of amendment signed and sworn to by the president,
treasurer, and a majority of the directors, setting forth such
amendment and due adoption thereof, shall be submitted to
the secretary of state, who shall examine them and if he
finds that they conform to the requirements of this chapter,
shall so certify and endorse his or her approval thereon.
Thereupon, the articles of amendment shall be filed in the
office of the secretary of state and no such amendment shall
take effect until such articles of amendment shall have been
filed as aforesaid. [1994 c 92 § 235; 1963 c 162 § 8.]
31.24.090 Board of directors. The business and
affairs of the corporation shall be managed and conducted by
a board of directors, a president, a vice president, a secretary, a treasurer, and such other officers and such agents as
the corporation by its bylaws shall authorize. The board of
directors shall consist of such number, not less than eleven
nor more than twenty-one, as shall be determined in the first
instance by the incorporators and thereafter annually by the
members and the stockholders of the corporation. The board
of directors may exercise all the powers of the corporation
except such as are conferred by law or by the bylaws of the
corporation upon the stockholders or members and shall
choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of
director which shall be filled as hereinafter provided. The
board of directors shall be elected in the first instance by the
incorporators and thereafter at the annual meeting, the day
and month of which shall be established by the bylaws of
the corporations, or, if no annual meeting shall be held in the
year of incorporation, then within ninety days after the
approval of the articles of incorporation at a special meeting
as hereinafter provided. At each annual meeting, or at each
special meeting held as provided in this section, the members of the corporation shall elect two-thirds of the board of
directors and the stockholders shall elect the remaining
directors. The directors shall hold office until the next
annual meeting of the corporation or special meeting held in
lieu of the annual meeting after the election and until their
successors are elected and qualified unless sooner removed
in accordance with the provisions of the bylaws. Any
vacancy in the office of a director elected by the members
shall be filled by the directors elected by the members, and
any vacancy in the office of a director elected by the
stockholders shall be filled by the directors elected by the
stockholders.
Directors and officers shall not be responsible for losses
unless the same shall have been occasioned by the wilful
misconduct of such directors and officers. [1974 ex.s. c 16
§ 3; 1963 c 162 § 9.]
31.24.100 Earnings and surplus—Reserves. Each
year the corporation shall set apart as earned surplus not less
than ten percent of its net earnings for the preceding fiscal
year until such surplus shall be equal in value to one-half of
the amount paid in on the capital stock then outstanding.
Whenever the amount of surplus established herein shall
become impaired, it shall be built up again to the required
amount in the manner provided for its original accumulation.
[Title 31 RCW—page 33]
31.24.100
Title 31 RCW: Miscellaneous Loan Agencies
Net earnings and surplus shall be determined by the board of
directors, after providing for such reserves as said directors
deem desirable, and the determination of the directors made
in good faith shall be conclusive on all persons. [1963 c 162
§ 10.]
31.24.110 Funds to be deposited in designated
depository—Money deposits prohibited. The corporation
shall not deposit any of its funds in any banking institution
unless such institution has been designated as a depository
by a vote of a majority of the directors present at an authorized meeting of the board of directors, exclusive of any
director who is an officer or director of the depository so
designated. The corporation shall not receive money on
deposit. [1963 c 162 § 11.]
31.24.120 Examinations by director of financial
institutions—Reports—Authority of director. The
corporation shall be examined at least once annually by the
director and shall make reports of its condition not less than
annually to the director and more frequently upon call of the
director, who in turn shall make copies of such reports
available to the state insurance commissioner and the
governor; and the corporation shall also furnish such other
information as may from time to time be required by the
director and secretary of state. The corporation shall pay the
actual cost of the examinations. The director shall exercise
the same power and authority over corporations organized
under this chapter as is now exercised over banks and trust
companies by the provisions of the Title 30 RCW, where the
provisions of Title 30 RCW are not in conflict with this
chapter. [1994 c 92 § 236; 1963 c 162 § 12.]
31.24.130 First meeting. The first meeting of the
corporation shall be called by a notice signed by three or
more of the incorporators, stating the time, place and
purpose of the meeting, a copy of which notice shall be
mailed, or delivered, to each incorporator at least five days
before the day appointed for the meeting. Said first meeting
may be held without such notice upon agreement in writing
to that effect signed by all the incorporators. There shall be
recorded in the minutes of the meeting a copy of said notice
or of such unanimous agreement of the incorporators.
At such first meeting, the incorporators shall organize
by the choice, by ballot, of a temporary clerk; by the
adoption of bylaws, by the election by ballot of directors;
and by action upon such other matters within the powers of
the corporation as the incorporators may see fit. The
temporary clerk shall be sworn and shall make and attest a
record of the proceedings. Ten of the incorporators shall be
a quorum for the transaction of business. [1963 c 162 § 13.]
31.24.140 Duration of corporation. Unless otherwise
provided in the articles of incorporation, the period of
duration of the corporation shall be perpetual, subject,
however, to the right of the stockholders and the members
to dissolve the corporation prior to the expiration of said
period as provided in RCW 31.24.150. [1963 c 162 § 14.]
two-thirds of the votes to which the stockholders shall be
entitled and two-thirds of the votes to which the member
shall be entitled dissolve said corporation as provided by
Title 23B RCW, insofar as Title 23B RCW is not in conflict
with the provisions of this chapter. Upon any dissolution of
the corporation, none of the corporation’s assets shall be distributed to the stockholders until all sums due the members
of the corporation as creditors thereof have been paid in full.
[1991 c 72 § 50; 1983 c 3 § 52; 1963 c 162 § 15.]
31.24.160 Credit of state not pledged. Under no
circumstances shall the credit of the state of Washington be
pledged to any corporation organized under the provisions of
this chapter. [1963 c 162 § 16.]
31.24.170 Corporations designated state development companies—Scope of operations. Any corporation
organized under the provisions of this chapter shall be a state
development company, as defined in the small business investment act of 1958, public law 85-699, 85th congress, or
any other similar federal legislation, and shall be authorized
to operate on a statewide basis. [1963 c 162 § 17.]
31.24.180 Calendar year adopted as fiscal year.
Corporations organized under this chapter shall adopt the
calendar year as their fiscal year. [1963 c 162 § 18.]
31.24.190 Formation of industrial development
corporation for purpose of preservation of historic
buildings or areas. In addition to the purposes specified in
RCW 31.24.020(2) [(3)] an industrial development corporation may be formed to encourage and stimulate the preservation of historic buildings or areas by returning them to
economically productive uses which are compatible with or
enhance the historic character of such buildings or areas; to
stimulate and assist in the development of business or other
activities which have an impact upon the preservation of
historic buildings or areas; to cooperate and act in conjunction with other organizations, public or private, in the
promotion and advancement of historical preservation
activities; and to provide financing through loans, investments of other business transactions for the promotion,
development, and conduct of all kinds of business activity
which encourages or relates to historic preservation. An
industrial development corporation created to carry out the
purposes of this section shall not engage in the broad
economic and business promotion activities permitted by
RCW 31.24.020(3) which are not related to the purposes of
this section. Any such industrial development corporation
shall in all other respects be subject to the provisions of this
chapter. [1973 1st ex.s. c 90 § 2.]
31.24.900 Severability—1963 c 162. The provisions
of this chapter are severable, and if any of its provisions
shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or
impair any of the remaining provisions. [1963 c 162 § 19.]
31.24.150 Dissolution—Method—Distribution of
assets. The corporation may upon the affirmative vote of
[Title 31 RCW—page 34]
(2002 Ed.)
Agricultural Lenders—Loan Guaranty Program
Chapter 31.35
AGRICULTURAL LENDERS—LOAN
GUARANTY PROGRAM
Sections
31.35.010
31.35.020
31.35.030
31.35.040
31.35.050
31.35.060
Findings—Intent.
Definitions.
Administration—Rules—Duties of director.
Participation by agricultural lender—Powers and privileges.
Costs of supervision—Fees.
Responsibility of agricultural lender—Recordkeeping—Loan
loss reserve.
31.35.070 Examination of agricultural lender.
31.35.080 Enforcement—Responsibility of director—Penalty.
31.35.090 Enforcement—Court order.
31.35.100 Notice—Investments not insured.
31.35.900 Severability—Administrative review—1990 c 134.
Department of financial institutions: Chapter 43.320 RCW.
31.35.010 Findings—Intent. The legislature finds
and declares that nondepository agricultural lenders can
enhance their access to working capital for the purpose of
financing agricultural borrowers by using the United States
farmers home administration loan guaranty program. The
farmers home administration loan guaranty program provides
financing to agricultural borrowers needing working capital
and longer term financing for the purchase of real estate,
agricultural production expenses, debt refinancing, equipment, and the purchase of other fixed assets. Loans can be
made to agricultural borrowers by nondepository lenders and
guaranteed by the farmers home administration only if the
state provides an ongoing opportunity for examination of
such entities to confirm good lending practices and solvency.
It is the intent of the legislature to empower the director
of financial institutions to examine nondepository agricultural
lenders for the purpose of allowing such lenders to qualify
for participation in the farmers home administration loan
guaranty program. [1994 c 92 § 251; 1990 c 134 § 1.]
31.35.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural lender" means a Washington corporation incorporated under Title 23B or 24 RCW and qualified
as such under this chapter and the jurisdiction of the federal
government agency sponsoring the loan guaranty program.
(2) "Director" means the director of financial institutions.
(3) "Loan guaranty program" means the farmers home
administration loan guaranty program, or any other government program for which the agricultural lender is eligible
and which has as its function the provision, facilitation, or
financing of agricultural business operations. [1994 c 92 §
252; 1990 c 134 § 2.]
31.35.030 Administration—Rules—Duties of
director. (1) The director shall administer this chapter. The
director may issue orders and adopt rules that, in the opinion
of the director, are necessary to execute, enforce, and effectuate the purposes of this chapter. Rules to enforce the
provisions of this chapter shall be adopted under the administrative procedure act, chapter 34.05 RCW.
(2002 Ed.)
Chapter 31.35
(2) An application filed with the director under this
chapter shall be in such form and contain such information
as required by the director by rule and be consistent with the
requirements of the loan guaranty program.
(3) After the director is satisfied that the applicant has
satisfied all the conditions necessary for approval, the
director shall issue a license to the applicant authorizing it to
be an agricultural lender under this chapter.
(4) Any change of control of an agricultural lender shall
be subject to the approval of the director. Such approval
shall be subject to the same criteria as the criteria for
approval of the original license. For purposes of this
subsection, "change of control" means directly or indirectly,
alone or in concert with others, to own, control, or hold the
power to vote ten percent or more of the outstanding voting
stock of an agricultural lender or the power to elect or
control the election of a majority of the board of directors of
an agricultural lender.
(5) The director may deny, suspend, or revoke a license
if the agricultural lender violates any provision of this
chapter or any rules promulgated pursuant to this chapter.
[1994 c 92 § 253; 1990 c 134 § 3.]
31.35.040 Participation by agricultural lender—
Powers and privileges. (1) An agricultural lender may
participate in a loan guaranty program. If an agricultural
lender participates in a loan guaranty program, the agricultural lender shall comply with the requirements of that
program.
(2) An agricultural lender may be incorporated under
either the Washington business corporation act, Title 23B
RCW, or the Washington nonprofit corporation act, Title 24
RCW. In addition to the powers and privileges provided to
an agricultural lender by this chapter, an agricultural lender
has all the powers and privileges conferred by its incorporating statute that are not inconsistent with or limited by this
chapter. [1990 c 134 § 4.]
31.35.050 Costs of supervision—Fees. (1) The
director is authorized to charge a fee for the estimated direct
and indirect costs for examination and supervision by the
director of an agricultural lender or a subsidiary of an agricultural lender. Excess examiner time shall be billed at a
reasonable rate established by rule.
(2) All such fees shall be deposited in the financial
services regulation fund and administered consistent with the
provisions of RCW 43.320.110. [2001 c 177 § 7; 1994 c 92
§ 254; 1990 c 134 § 5.]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.35.060 Responsibility of agricultural lender—
Recordkeeping—Loan loss reserve. (1) An agricultural
lender shall keep books, accounts, and other records in such
form and manner as required by the director. These records
shall be kept at such place and shall be preserved for such
length of time as specified by the director by rule.
(2) Not more than ninety days after the close of each
calendar year, or within a period specified by the director, an
agricultural lender shall file with the director a report
containing the following:
[Title 31 RCW—page 35]
31.35.060
Title 31 RCW: Miscellaneous Loan Agencies
(a) Financial statements, including the balance sheet, the
statement of income or loss, the statement of changes in
capital accounts, and the statement of changes in financial
position; and
(b) Other information that the director may require.
(3) Each agricultural lender shall provide for a loan loss
reserve sufficient to cover projected loan losses that are not
guaranteed by the United States government or any agency
thereof. [1994 c 92 § 255; 1990 c 134 § 6.]
31.35.070 Examination of agricultural lender. (1)
The director shall visit each agricultural lender at least every
twenty-four months for the purpose of assuring that the
agricultural lender remains in compliance with and qualified
for the loan guaranty program.
(a) The director may accept timely audited financial
statements and other timely reports the director determines
to be relevant and accurate as part of a full and complete
examination of the agricultural lender. The director shall
make an independent review of loans guaranteed by the loan
guaranty program.
(b) The agricultural lender shall be exempt from
examination under this subsection if it terminates its activities under the loan guaranty program and no loans guaranteed by the loan guaranty program remain on the books.
This exemption becomes effective upon notification to the
director. The director shall confirm termination of activities
under the loan guaranty program with the appropriate federal
agency.
(c) All examination reports and all information obtained
by the director and the director’s staff in conducting examinations of an agricultural lender are confidential to the same
extent bank examinations are confidential under RCW
30.04.075.
(d) All examination reports may be shared with other
state or federal agencies consistent with chapter 30.04 RCW.
(2) A director, officer, or employee of an agricultural
lender or of a subsidiary of an agricultural lender being
examined by the director or a person having custody of any
of the books, accounts, or records of the agricultural lender
or of the subsidiary shall facilitate the examination so far as
it is in his or her power to do so.
(3) If in the opinion of the director it is necessary in the
examination of an agricultural lender or of a subsidiary of an
agricultural lender, the director may retain any certified
public accountant, attorney, appraiser, or other person to
assist the director. The agricultural lender being examined
shall pay the fees of a person retained by the director under
this subsection. [1994 c 92 § 256; 1990 c 134 § 7.]
31.35.080 Enforcement—Responsibility of director—Penalty. (1) The director shall adopt rules to enforce
the intent and purposes of this chapter. Such rules shall
include, but not be limited to, the following:
(a) Disclosure of conflicts of interest;
(b) Prohibition of false statements made to the director
on any form required by the director or during any examination; or
(c) Prevention of fraud and undue influence within an
agricultural lender.
[Title 31 RCW—page 36]
(2) A violation of any provision of this chapter or any
rule of the director adopted under this chapter by an agent,
employee, officer, or director of the agricultural lender shall
be punishable by a fine, established by the director, not to
exceed one hundred dollars for each offense. Each day’s
continuance of the violation shall be a separate and distinct
offense. All fines shall be credited to the financial services
regulation fund.
(3) The director may issue and serve upon an agricultural lender a notice of charges if, in the opinion of the
director, the agricultural lender is violating or has violated
the law, rule, or any condition imposed in writing by the
director or any written agreement made by the director.
(a) The notice shall contain a statement of the facts
constituting the alleged violation or practice and shall fix a
time and place at which a hearing will be held to determine
whether an order to cease and desist should issue against the
agricultural lender. The hearing shall be set not earlier than
ten days nor later than thirty days after service of the notice
unless a later date is set by the director at the request of the
agricultural lender.
Unless the agricultural lender appears at the hearing by
a duly authorized representative, it shall be deemed to have
consented to the issuance of the cease and desist order. In
the event of consent or if, upon the record made at the
hearing, the director finds that any violation or practice
specified in the notice of charges has been established, the
director may issue and serve upon the agricultural lender an
order to cease and desist from the violation or practice. The
order may require the agricultural lender and its directors,
officers, employees, and agents to cease and desist from the
violation or practice and may require the agricultural lender
to take affirmative action to correct the conditions resulting
from the violation or practice.
(b) A cease and desist order shall become effective at
the expiration of ten days after the service of the order upon
the agricultural lender concerned, except that a cease and
desist order issued upon consent shall become effective at
the time specified in the order and shall remain effective as
provided in the order unless it is stayed, modified, terminated, or set aside by action of the director or a reviewing
court. [2001 c 177 § 8; 1994 c 92 § 257; 1990 c 134 § 8.]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.35.090 Enforcement—Court order. If, in the
opinion of the director, an agricultural lender violates or
there is reasonable cause to believe that an agricultural
lender is about to violate any provision of this chapter or any
rule adopted under this chapter, the director may bring an
action in the appropriate court to enjoin the violation or to
enforce compliance. Upon a proper showing, a restraining
order, or preliminary or permanent injunction, shall be
granted, and a receiver or a conservator may be appointed
for the agricultural lender or the agricultural lender’s assets.
[1994 c 92 § 258; 1990 c 134 § 9.]
31.35.100 Notice—Investments not insured. All
agricultural lenders shall notify their members at the time of
membership and annually thereafter that their investment in
the agricultural lender, although regulated by the director, is
(2002 Ed.)
Agricultural Lenders—Loan Guaranty Program
not insured, guaranteed, or protected by any federal or state
agency. [1994 c 92 § 259; 1990 c 134 § 10.]
31.35.900 Severability—Administrative review—
1990 c 134. If any provision of this act or its application to
any person or circumstance is held invalid or, if in the
written opinion of the farmers home administration, is
contrary to the intent and purposes of the loan guaranty
program, the director shall not enforce such provision, but
the remainder of the act or the application of the provision
to other persons or circumstances shall not be affected.
[1994 c 92 § 260; 1990 c 134 § 11.]
Chapter 31.40
FEDERALLY GUARANTEED SMALL
BUSINESS LOANS
Sections
31.40.010
31.40.020
31.40.030
31.40.040
31.40.050
31.40.060
31.40.070
31.40.080
31.40.090
31.40.100
31.40.110
31.40.120
31.40.130
31.40.900
Intent.
Definitions.
Director—Powers and duties.
Licensee—Powers and duties.
License approval.
Prohibited loans—Exception.
Fees.
Records—Reports—Loan loss reserve.
Examination of licensees.
Application denial.
Rules—Penalties.
Injunction.
Penalty—License impairment.
Severability—1989 c 212.
31.40.010 Intent. The legislature finds and declares
that small and moderate-size companies can enhance their
access to working capital and to capital for acquiring and
equipping commercial and industrial facilities by using the
United States small business administration national small
business loan program known as the 7(a) loan guaranty
program. The 7(a) loan guaranty program provides financing to small firms needing working capital and longer term
financing for equipment and other fixed assets. Such loans
can be made to small businesses by nondepository lenders
and guaranteed by the small business administration only if
the state provides for the on-going regulation and examination of such entities.
It is the intent of the legislature that the director of
financial institutions [license], regulate, and subject to ongoing examination, nondepository lenders for the purpose of
allowing such lenders to participate in the small business
administration’s 7(a) loan guaranty program. [1994 c 92 §
261; 1989 c 212 § 1.]
31.40.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Licensee" means a Washington corporation licensed
under the terms of this chapter.
(2) "Director" means the director of financial institutions. [1994 c 92 § 262; 1989 c 212 § 2.]
(2002 Ed.)
31.35.100
31.40.030 Director—Powers and duties. (1) The
director shall administer this chapter. The director may issue
orders and adopt rules that, in the opinion of the director, are
necessary to execute, enforce, and effectuate the purposes of
this chapter. Rules to enforce the provisions of this chapter
shall be adopted under the administrative procedure act,
chapter 34.05 RCW.
(2) Whenever the director issues an order or a license
under this chapter, the director may impose conditions that
are necessary, in the opinion of the director, to carry out the
purposes of this chapter.
(3) An application filed with the director under this
chapter shall be in such a form and contain such information
as the director may require.
(4) Any change of control of a licensee shall be subject
to the approval of the director. Such approval shall be
subject to the same criteria as the criteria for approval of the
original license. For purposes of this subsection, "change of
control" means directly or indirectly, alone or in concert with
others, to own, control, or hold the power to vote ten percent
or more of the outstanding voting stock of a licensee or the
power to elect or control the election of a majority of the
board of directors of the licensee. [1994 c 92 § 263; 1989
c 212 § 3.]
31.40.040 Licensee—Powers and duties. (1) A
licensee may participate in the 7(a) loan guaranty program
of the small business administration pursuant to section 7(a)
of the federal small business investment act of 1958, 15
U.S.C. Sec. 636(a), or any other government program for
which the licensee is eligible and which has as its function
the provision or facilitation of financing or management
assistance to business firms. If a licensee participates in a
program referred to in this section, the licensee shall comply
with the requirements of that program.
(2) A licensee may be incorporated under either the
Washington business corporation act or the Washington
nonprofit corporation act. In addition to the powers and
privileges provided to a licensee by this chapter, a licensee
has all the powers and privileges conferred by its incorporating statute which are not inconsistent with or limited by this
chapter. [1989 c 212 § 4.]
31.40.050 License approval. After a review of
information regarding the directors, officers, and controlling
persons of the applicant for a license, a review of the
applicant’s business plan, including at least three years of
detailed financial projections and other relevant information,
and a review of such additional information as is considered
relevant by the director, the director shall approve an
application for a license if, and only if, the director determines that:
(1) The applicant is capitalized in an amount that is not
less than five hundred thousand dollars and that such sum is
adequate for the applicant to transact business as a
nondepository 7(a) lender and that in evaluating the capital
position of the applicant the director may consider and
include the net worth of any corporate shareholder of the
applicant corporation if the shareholder guarantees the
liabilities of the applicant: PROVIDED, That such corporate
[Title 31 RCW—page 37]
31.40.050
Title 31 RCW: Miscellaneous Loan Agencies
shareholder be subject to the reporting requirements of RCW
31.40.080;
(2) Each director, officer, and controlling person of the
applicant is of good character and sound financial standing;
that the directors and officers of the applicant are competent
to perform their functions with respect to the applicant; and
that the directors and officers of the applicant are collectively adequate to manage the business of the applicant as a
nondepository 7(a) lender;
(3) The business plan of the applicant will be honestly
and efficiently conducted in accordance with the intent and
purposes of this chapter; and
(4) The proposed activity possesses a reasonable
prospect for success. [1994 c 92 § 264; 1989 c 212 § 5.]
31.40.060 Prohibited loans—Exception. (1) Either
by itself or in concert with a director, officer, principal
shareholder, or affiliate, or with another licensee, a licensee
shall not hold control of a business firm to which it has
made a loan under section 7(a) of the federal small business
investment act of 1958, 15 U.S.C. Sec. 636(a), except that,
to the extent necessary to protect the licensee’s interest as
creditor of the business firm, a licensee that provides
financing assistance to a business firm may acquire and hold
control of that business firm. Unless the director approves
a longer period, a licensee holding control of a business firm
under this section shall divest itself of the interest which
constitutes holding control as soon as practicable or within
five years after acquiring that interest, whichever is sooner.
(2) For the purposes of subsection (1) of this section,
"hold control" means alone or in concert with others:
(a) Ownership, directly or indirectly, of record or
beneficially, of voting securities greater than:
(i) For a business firm with outstanding voting securities
held by fewer than fifty shareholders, forty percent of the
outstanding voting securities;
(ii) For a business firm with outstanding voting securities held by fifty or more shareholders, twenty-five percent
of the outstanding voting securities;
(b) Being able to elect or control the election of a
majority of the board of directors. [1994 c 92 § 265; 1989
c 212 § 6.]
31.40.070 Fees. (1) The director is authorized to
charge a fee for the estimated direct and indirect costs of the
following:
(a) An application for a license and the investigation
thereof;
(b) An application for approval to acquire control of a
licensee and the investigation thereof;
(c) An application for approval for a licensee to merge
with another corporation, an application for approval for a
licensee to purchase all or substantially all of the business of
another person, or an application for approval for a licensee
to sell all or substantially all of its business or of the
business of any of its offices to another licensee and the
investigation thereof;
(d) An annual license;
(e) An examination by the director of a licensee or a
subsidiary of a licensee. Excess examiner time shall be
billed at a reasonable rate established by rule.
[Title 31 RCW—page 38]
(2) A fee for filing an application with the director shall
be paid at the time the application is filed with the director.
(3) All such fees shall be deposited in the financial
services regulation fund and administered consistent with the
provisions of RCW 43.320.110. [2001 c 177 § 9; 1994 c 92
§ 266; 1989 c 212 § 7.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Construction—1989 c 212 § 7: "Nothing in section 7 of this act
shall be construed to prevent repayment to the general fund of the twentyfive thousand dollar start-up appropriation set forth in section 15 of this
act." [1989 c 212 § 14.]
31.40.080 Records—Reports—Loan loss reserve.
(1) A licensee shall keep books, accounts, and other records
in such a form and manner as the director may require.
These records shall be kept at such a place and shall be
preserved for such a length of time as the director may
specify.
(2) Not more than ninety days after the close of each
calendar year or within a period specified by the director, a
licensee shall file with the director a report containing the
following:
(a) Financial statements, including the balance sheet, the
statement of income or loss, the statement of changes in
capital accounts and the statement of changes in financial
position; and
(b) Other information that the director may require.
(3) Each licensee shall provide for a loan loss reserve
sufficient to cover projected loan losses which are not
guaranteed by the United States government or any agency
thereof. [1994 c 92 § 267; 1989 c 212 § 8.]
31.40.090 Examination of licensees. (1) The director
shall examine each licensee not less than once each year.
(2) The director may with or without notice and at any
time during regular business hours examine a licensee or a
subsidiary of a licensee.
(3) A director, officer, or employee of a licensee or of
a subsidiary of a licensee being examined by the director or
a person having custody of any of the books, accounts, or
records of the licensee or of the subsidiary shall otherwise
facilitate the examination so far as it is in his or her power
to do so.
(4) If in the director’s opinion it is necessary in the
examination of a licensee, or of a subsidiary of a licensee,
the director may retain any certified public accountant,
attorney, appraiser, or other person to assist the director.
The licensee being examined shall pay the fees of a person
retained by the director under this subsection. [1994 c 92 §
268; 1989 c 212 § 9.]
31.40.100 Application denial. If the director denies
an application, the director shall provide the applicant with
a written statement explaining the basis for the denial. [1994
c 92 § 269; 1989 c 212 § 10.]
31.40.110 Rules—Penalties. (1) The director shall
adopt rules to enforce the intent and purposes of this chapter.
Such rules shall include, but need not be limited to, the
following:
(a) Disclosure of conflicts of interest;
(2002 Ed.)
Federally Guaranteed Small Business Loans
(b) Prohibition of false statements made to the director
on any form required by the director or during any examination requested by the director; or
(c) Prevention of fraud and undue influence by a
licensee.
(2) A violation of any provision of this chapter or any
rule of the director adopted under this chapter by an agent,
employee, officer, or director of the licensee shall be
punishable by a fine, established by the director, not to
exceed one hundred dollars for each offense. Each day’s
continuance of the violation shall be a separate and distinct
offense. Each such fine shall be credited to the financial
services regulation fund. [2001 c 177 § 10; 1994 c 92 §
270; 1989 c 212 § 11.]
31.45.100
31.45.110
31.45.120
31.45.130
31.45.140
31.45.150
31.45.160
31.45.170
31.45.180
31.45.190
31.45.200
31.45.900
31.40.110
Examination—Director’s duty.
Violation or unsound practice—Notice of charges—
Hearing—Cease and desist order—Director’s duty.
Violation or unsound practice—Temporary cease and desist
order—Director’s duty.
Temporary cease and desist order—Licensee’s application
for injunction.
Violation of temporary cease and desist order—Director’s
application for injunction.
Licensee’s failure to perform obligations—Director’s duty.
Director’s possession of property and business—
Appointment of receiver.
Violation—Penalty.
Violation—Misdemeanor.
Violation—Consumer protection act—Remedies.
Director—Broad administrative discretion.
Effective date, implementation—1991 c 355.
Effective date—2001 c 177: See note following RCW 43.320.080.
31.40.120 Injunction. If, in the opinion of the
director, a person violates or there is reasonable cause to
believe that a person is about to violate any provision of this
chapter or any rule adopted under this chapter, the director
may bring an action in the appropriate court to enjoin the
violation or to enforce compliance. Upon a proper showing,
a restraining order, preliminary or permanent injunction,
shall be granted, and a receiver or a conservator may be
appointed for the defendant or the defendant’s assets. [1994
c 92 § 271; 1989 c 212 § 12.]
31.40.130 Penalty—License impairment. The
director may deny, suspend, or revoke a license if the
applicant or holder violates any provision of this chapter or
any rules promulgated pursuant to this chapter. [1994 c 92
§ 272; 1989 c 212 § 13.]
31.40.900 Severability—1989 c 212. If any provision
of this act or its application to any person or circumstance is
held invalid or, if in the written opinion of the small business administration, is contrary to the intent and purposes of
the 7(a) loan guaranty program, the director shall not enforce
such provision but the remainder of the act or the application
of the provision to other persons or circumstances shall not
be affected. [1994 c 92 § 273; 1989 c 212 § 16.]
Chapter 31.45
CHECK CASHERS AND SELLERS
Sections
31.45.010
31.45.020
31.45.030
31.45.040
31.45.050
31.45.060
31.45.070
31.45.073
31.45.077
31.45.080
31.45.090
(2002 Ed.)
Definitions.
Application of chapter.
License required—Small loan endorsement—Application—
Fee—Bond—Deposit in lieu of bond—Director’s duties.
Application for license or small loan endorsement—
Financial responsibility—Director’s investigation.
Investigation fee and annual assessment fee required—
Amounts determined by rule—Notice requirements of
licensee.
Licensee—Schedule of fee and charges—Recordkeeping.
Licensee—Permissible transactions—Restrictions.
Making small loans—Endorsement required—Interest—
Fees—Postdated check or draft as security.
Small loan endorsement—Application—Form—
Information—Exemption from disclosure—Fees.
Trust funds—Deposit requirements—Rules.
Report requirements—Rules.
31.45.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Check casher" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of
cashing checks, drafts, money orders, or other commercial
paper serving the same purpose.
(2) "Check seller" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of or
selling checks, drafts, money orders, or other commercial
paper serving the same purpose.
(3) "Licensee" means a check casher or seller licensed
by the director to engage in business in accordance with this
chapter. For purposes of the enforcement powers of this
chapter, including the power to issue cease and desist orders
under RCW 31.45.110, "licensee" also means a check casher
or seller who fails to obtain the license required by this
chapter.
(4) "Small loan" means a loan of up to five hundred
dollars for a period of thirty-one days or less.
(5) "Director" means the director of financial institutions. [1995 c 18 § 1; 1994 c 92 § 274; 1993 c 143 § 1;
1991 c 355 § 1.]
31.45.020 Application of chapter. (1) This chapter
does not apply to:
(a) Any bank, trust company, savings bank, savings and
loan association, or credit union;
(b) The cashing of checks, drafts, or money orders by
any corporation, partnership, association, or person who
cashes checks, drafts, or money orders as a convenience, as
a minor part of its customary business, and not for profit;
(c) The issuance or sale of checks, drafts, or money
orders by any corporation, partnership, or association that
has a net worth of not less than three million dollars as
shown by audited financial statements; and
(d) The issuance or sale of checks, drafts, money orders,
or other commercial paper serving the same purpose by any
agent of a corporation, partnership, or association described
in (c) of this subsection.
(2) Upon application to the director, the director may
exempt a corporation, partnership, association, or other
person from any or all provisions of this chapter upon a
finding by the director that although not otherwise exempt
[Title 31 RCW—page 39]
31.45.020
Title 31 RCW: Miscellaneous Loan Agencies
under this section, the applicant is not primarily engaged in
the business of cashing or selling checks and a total or
partial exemption would not be detrimental to the public.
[1994 c 92 § 275; 1991 c 355 § 2.]
31.45.030 License required—Small loan endorsement—Application—Fee—Bond—Deposit in lieu of
bond—Director’s duties. (1) Except as provided in RCW
31.45.020, no check casher or seller may engage in business
without first obtaining a license from the director in accordance with this chapter. A license is required for each
location where a licensee engages in the business of cashing
or selling checks or drafts.
(2) Each application for a license shall be in writing in
a form prescribed by the director and shall contain the
following information:
(a) The legal name, residence, and business address of
the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director
thereof;
(b) The location where the initial registered office of the
applicant will be located in this state;
(c) The complete address of any other locations at
which the applicant proposes to engage in business as a
check casher or seller;
(d) Such other data, financial statements, and pertinent
information as the director may require with respect to the
applicant, its directors, trustees, officers, members, or agents.
(3) Any information in the application regarding the
personal residential address or telephone number of the
applicant is exempt from the public records disclosure
requirements of chapter 42.17 RCW.
(4) The application shall be filed together with an
investigation and supervision fee established by rule by the
director. Such fees collected shall be deposited to the credit
of the financial services regulation fund in accordance with
RCW 43.320.110.
(5)(a) Before granting a license to sell checks, drafts, or
money orders under this chapter, the director shall require
that the licensee file with the director a surety bond running
to the state of Washington, which bond shall be issued by a
surety insurer which meets the requirements of chapter 48.28
RCW, and be in a format acceptable to the director. The
director shall adopt rules to determine the penal sum of the
bond that shall be filed by each licensee. The bond shall be
conditioned upon the licensee paying all persons who
purchase checks, drafts, or money orders from the licensee
the face value of any check, draft, or money order which is
dishonored by the drawee bank, savings bank, or savings and
loan association due to insufficient funds or by reason of the
account having been closed. The bond shall only be liable
for the face value of the dishonored check, draft, or money
order, and shall not be liable for any interest or consequential damages.
(b) Before granting a small loan endorsement under this
chapter, the director shall require that the licensee file with
the director a surety bond, in a format acceptable to the
director, issued by a surety insurer that meets the requirements of chapter 48.28 RCW. The director shall adopt rules
to determine the penal sum of the bond that shall be filed by
each licensee. A licensee who wishes to engage in both
[Title 31 RCW—page 40]
check selling and making small loans may combine the penal
sums of the bonding requirements and file one bond in a
form acceptable to the director. The bond shall run to the
state of Washington as obligee, and shall run to the benefit
of the state and any person or persons who suffer loss by
reason of the licensee’s violation of this chapter or any rules
adopted under this chapter. The bond shall only be liable for
damages suffered by borrowers as a result of the licensee’s
violation of this chapter or rules adopted under this chapter,
and shall not be liable for any interest or consequential
damages.
(c) The bond shall be continuous and may be canceled
by the surety upon the surety giving written notice to the
director and licensee of its intent to cancel the bond. The
cancellation is effective thirty days after the notice is
received by the director. Whether or not the bond is
renewed, continued, reinstated, reissued, or otherwise
extended, replaced, or modified, including increases or
decreases in the penal sum, it shall be considered one
continuous obligation, and the surety upon the bond shall not
be liable in an aggregate or cumulative amount exceeding
the penal sum set forth on the face of the bond. In no event
shall the penal sum, or any portion thereof, at two or more
points in time be added together in determining the surety’s
liability. The bond shall not be liable for any liability of the
licensee for tortious acts, whether or not such liability is
imposed by statute or common law, or is imposed by contract. The bond shall not be a substitute or supplement to
any liability or other insurance required by law or by the
contract. If the surety desires to make payment without
awaiting court action against it, the penal sum of the bond
shall be reduced to the extent of any payment made by the
surety in good faith under the bond.
(d) Any person who is a purchaser of a check, draft, or
money order from the licensee having a claim against the
licensee for the dishonor of any check, draft, or money order
by the drawee bank, savings bank, or savings and loan
association due to insufficient funds or by reason of the
account having been closed, or who obtained a small loan
from the licensee and was damaged by the licensee’s violation of this chapter or rules adopted under this chapter,
may bring suit upon such bond or deposit in the superior
court of the county in which the check, draft, or money
order was purchased, or in the superior court of a county in
which the licensee maintains a place of business. Jurisdiction shall be exclusively in the superior court. Any such
action must be brought not later than one year after the
dishonor of the check, draft, or money order on which the
claim is based. In the event valid claims against a bond or
deposit exceed the amount of the bond or deposit, each
claimant shall only be entitled to a pro rata amount, based on
the amount of the claim as it is valid against the bond, or
deposit, without regard to the date of filing of any claim or
action.
(e) In lieu of the surety bond required by this section,
the applicant for a check seller license may file with the
director a deposit consisting of cash or other security
acceptable to the director in an amount equal to the penal
sum of the required bond. In lieu of the surety bond
required by this section, the applicant for a small loan
endorsement may file with the director a deposit consisting
of cash or other security acceptable to the director in an
(2002 Ed.)
Check Cashers and Sellers
amount equal to the penal sum of the required bond, or may
demonstrate to the director net worth in excess of three times
the amount of the penal sum of the required bond.
The director may adopt rules necessary for the proper
administration of the security or to establish reporting
requirements to ensure that the net worth requirements
continue to be met. A deposit given instead of the bond required by this section is not an asset of the licensee for the
purpose of complying with the liquid asset provisions of this
chapter. A deposit given instead of the bond required by
this section is a fund held in trust for the benefit of eligible
claimants under this section and is not an asset of the estate
of any licensee that seeks protection voluntarily or involuntarily under the bankruptcy laws of the United States.
(f) Such security may be sold by the director at public
auction if it becomes necessary to satisfy the requirements of
this chapter. Notice of the sale shall be served upon the
licensee who placed the security personally or by mail. If
notice is served by mail, service shall be addressed to the
licensee at its address as it appears in the records of the
director. Bearer bonds of the United States or the state of
Washington without a prevailing market price must be sold
at public auction. Such bonds having a prevailing market
price may be sold at private sale not lower than the prevailing market price. Upon any sale, any surplus above amounts
due shall be returned to the licensee, and the licensee shall
deposit with the director additional security sufficient to
meet the amount required by the director. A deposit given
instead of the bond required by this section shall not be
deemed an asset of the licensee for the purpose of complying
with the liquid asset provisions of this chapter. [2001 c 177
§ 11; 1995 c 18 § 4; 1994 c 92 § 276; 1993 c 176 § 1; 1991
c 355 § 3.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1993 c 176: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 30, 1993]." [1993 c 176 § 2.]
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
31.45.040 Application for license or small loan
endorsement—Financial responsibility—Director’s
investigation. (1) The director shall conduct an investigation of every applicant to determine the financial responsibility, experience, character, and general fitness of the applicant. The director shall issue the applicant a license to
engage in the business of cashing or selling checks, or both,
or a small loan endorsement, if the director determines to his
or her satisfaction that:
(a) The applicant is financially responsible and appears
to be able to conduct the business of cashing or selling
checks or making small loans in an honest, fair, and efficient
manner with the confidence and trust of the community; and
(b) The applicant has the required bonds, or has provided an acceptable alternative form of financial security.
(2) The director may refuse to issue a license or small
loan endorsement if he or she finds that the applicant, or any
person who is a director, officer, partner, agent, or substantial stockholder of the applicant, has been convicted of a
felony in any jurisdiction or is associating or consorting with
any person who has been convicted of a felony in any
(2002 Ed.)
31.45.030
jurisdiction. The term "substantial stockholder" as used in
this subsection, means a person owning or controlling ten
percent or more of the total outstanding shares of the
applicant corporation.
(3) No license or small loan endorsement may be issued
to an applicant whose license to conduct business under this
chapter had been revoked by the director within the twelvemonth period preceding the application.
(4) A license or small loan endorsement issued under
this chapter shall be conspicuously posted in the place of
business of the licensee. The license is not transferable or
assignable.
(5) A license or small loan endorsement issued in
accordance with this chapter remains in force and effect until
surrendered, suspended, or revoked. [1996 c 13 § 1; 1995
c 18 § 5; 1994 c 92 § 277; 1991 c 355 § 4.]
31.45.050 Investigation fee and annual assessment
fee required—Amounts determined by rule—Notice
requirements of licensee. (1) Each applicant and licensee
shall pay to the director an investigation fee and an annual
assessment fee in an amount determined by rule of the
director as necessary to cover the operation of the program.
In establishing the fees, the director shall differentiate
between check cashing and check selling and making small
loans, and consider at least the volume of business, level of
risk, and potential harm to the public related to each activity.
The fees collected shall be deposited to the credit of the
financial services regulation fund in accordance with RCW
43.320.110.
(2) If a licensee intends to do business at a new location, to close an existing place of business, or to relocate an
existing place of business, the licensee shall provide written
notification of that intention to the director no less than
thirty days before the proposed establishing, closing, or
moving of a place of business. [2001 c 177 § 12; 1996 c 13
§ 2; 1995 c 18 § 6; 1994 c 92 § 278; 1991 c 355 § 5.]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.45.060 Licensee—Schedule of fee and charges—
Recordkeeping. (1) A schedule of the fees and the charges
for the cashing and selling of checks, drafts, money orders,
or other commercial paper serving the same purpose shall be
conspicuously and continuously posted in every location
licensed under this chapter. The licensee shall provide to its
customer a receipt for each transaction. The receipt must
include the name of the licensee, the type and amount of the
transaction, and the fee or fees charged for the transaction.
(2) Each licensee shall keep and maintain such business
books, accounts, and records as the director may require to
fulfill the purposes of this chapter. Every licensee shall
preserve such books, accounts, and records for at least two
years.
(3) A check, draft, or money order sold by a licensee
shall be drawn on an account of a licensee maintained at a
bank, savings bank, or savings and loan association authorized to do business in the state of Washington. [1994 c 92
§ 279; 1991 c 355 § 6.]
31.45.070 Licensee—Permissible transactions—
Restrictions. (1) No licensee may engage in a loan business
[Title 31 RCW—page 41]
31.45.070
Title 31 RCW: Miscellaneous Loan Agencies
or the negotiation of loans or the discounting of notes, bills
of exchange, checks, or other evidences of debt on the same
premises where a check cashing or selling business is
conducted, unless the licensee:
(a) Is conducting the activities of pawnbroker as defined
in RCW 19.60.010;
(b) Is a properly licensed consumer loan company;
(c) Is conducting other lending activity permitted in the
state of Washington; or
(d) Has a small loan endorsement.
(2) Except as otherwise permitted in this chapter, no
licensee may at any time cash or advance any moneys on a
postdated check or draft. However, a licensee may cash a
check payable on the first banking day following the date of
cashing if:
(a) The check is drawn by the United States, the state
of Washington, or any political subdivision of the state, or
by any department or agency of the state or its subdivisions;
or
(b) The check is a payroll check drawn by an employer
to the order of its employee in payment for services performed by the employee.
(3) Except as otherwise permitted in this chapter, no
licensee may agree to hold a check or draft for later deposit.
A licensee shall deposit all checks and drafts cashed by the
licensee as soon as practicable.
(4) No licensee may issue or cause to be issued any
check, draft, or money order, or other commercial paper
serving the same purpose, that is drawn upon the trust
account of a licensee without concurrently receiving the full
principal amount, in cash, or by check, draft, or money order
from a third party believed to be valid.
(5) No licensee may advertise, print, display, publish,
distribute, or broadcast or cause or permit to be advertised,
printed, displayed, published, distributed, or broadcast, any
statement or representation that is false, misleading, or
deceptive, or that omits material information, or that refers
to the supervision of the licensee by the state of Washington
or any department or official of the state.
(6) Each licensee shall comply with all applicable
federal statutes governing currency transaction reporting.
[1995 c 18 § 7; 1994 c 92 § 280; 1991 c 355 § 7.]
(3) In connection with making a small loan, a licensee
may advance moneys on the security of a postdated check or
draft provided the time period between the date the loan is
granted and the date of the postdated check does not exceed
thirty-one days. A licensee shall deposit all postdated checks
or drafts as soon as practicable after the date of the check or
draft has passed.
(4) No person may at any time cash or advance any
moneys on a postdated check or draft in excess of the
amount of goods or services purchased without first obtaining a small loan endorsement to a check casher or check
seller license. [1995 c 18 § 2.]
31.45.073 Making small loans—Endorsement
required—Interest—Fees—Postdated check or draft as
security. (1) No licensee may engage in the business of
making small loans without first obtaining a small loan
endorsement to its license from the director in accordance
with this chapter. An endorsement will be required for each
location where a licensee engages in the business of making
small loans, but a small loan endorsement may authorize a
licensee to make small loans at a location different than the
licensed locations where it cashes or sells checks or drafts.
A licensee may have more than one endorsement.
(2) A licensee that has obtained the required small loan
endorsement may charge interest or fees for small loans not
to exceed in the aggregate fifteen percent of the principal
amount borrowed. The director may determine by rule
which fees, if any, are not subject to the fifteen percent
limitation.
31.45.080 Trust funds—Deposit requirements—
Rules. (1) All funds received by a licensee or its agents
from the sale of checks, drafts, money orders, or other
commercial paper serving the same purpose constitute trust
funds owned by and belonging to the person from whom
they were received or to the person who has paid the checks,
drafts, money orders, or other commercial paper serving the
same purpose.
(2) All such trust funds shall be deposited in a bank,
savings bank, or savings and loan association located in
Washington state in an account or accounts in the name of
the licensee designated "trust account," or by some other
appropriate name indicating that the funds are not the funds
of the licensee or of its officers, employees, or agents. Such
funds are not subject to attachment, levy of execution, or
sequestration by order of a court except by a payee, assignee, or holder in due course of a check, draft, or money order
sold by a licensee or its agent. Funds in the trust account,
[Title 31 RCW—page 42]
31.45.077 Small loan endorsement—Application—
Form—Information—Exemption from disclosure—Fees.
(1) Each application for a small loan endorsement to a check
casher or check seller license must be in writing and in a
form prescribed by the director and shall contain the following information:
(a) The legal name, residence, and business address of
the applicant, and if the applicant is a partnership, corporation, or association, the name and address of every member,
partner, officer, and director thereof;
(b) The street and mailing address of each location
where the licensee will engage in the business of making
small loans;
(c) A surety bond, or other security allowed under RCW
31.45.030, in the amount required; and
(d) Any other pertinent information, including financial
statements, as the director may require with respect to the
licensee and its directors, officers, trustees, members, or
employees.
(2) Any information in the application regarding the
licensee’s personal residential address or telephone number
is exempt from the public records disclosure requirements of
chapter 42.17 RCW.
(3) The application shall be filed together with an
investigation and supervision fee established by rule by the
director. Fees collected shall be deposited to the credit of
the financial services regulation fund in accordance with
RCW 43.320.110. [2001 c 177 § 13; 1995 c 18 § 3.]
Effective date—2001 c 177: See note following RCW 43.320.080.
(2002 Ed.)
Check Cashers and Sellers
together with funds and checks on hand and in the hands of
agents held for the account of the licensee at all times shall
be at least equal to the aggregate liability of the licensee on
account of checks, drafts, money orders, or other commercial
paper serving the same purpose that are sold.
(3) The director shall adopt rules requiring the licensee
to periodically withdraw from the trust account the portion
of trust funds earned by the licensee from the sale of checks,
drafts, money orders, or other commercial paper serving the
same purpose. If a licensee has accepted, in payment for a
check, draft, money order, or commercial paper serving the
same purpose issued by the licensee, a check or draft that is
subsequently dishonored, the director shall prohibit the
withdrawal of earned funds in an amount necessary to cover
the dishonored check or draft.
(4) If a licensee or its agent commingles trust funds
with its own funds, all assets belonging to the licensee or its
agent are impressed with a trust in favor of the persons
specified in subsection (1) of this section in an amount equal
to the aggregate funds that should have been segregated.
Such trust continues until an amount equal to the necessary
aggregate funds have been deposited in accordance with
subsection (2) of this section.
(5) Upon request of the director, a licensee shall furnish
to the director an authorization for examination of financial
records of any trust fund account established for compliance
with this section.
(6) The director may adopt any rules necessary for the
maintenance of trust accounts, including rules establishing
procedures for distribution of trust account funds if a license
is suspended, terminated, or not renewed. [1994 c 92 § 281;
1991 c 355 § 8.]
31.45.090 Report requirements—Rules. (1) Each
licensee shall submit to the director, in a form approved by
the director, a report containing financial statements covering
the calendar year or, if the licensee has an established fiscal
year, then for such fiscal year, within one hundred five days
after the close of each calendar or fiscal year. The licensee
shall also file such additional relevant information as the
director may require.
(2) A licensee whose license has been suspended or
revoked shall submit to the director, at the licensee’s
expense, within one hundred five days after the effective
date of such surrender or revocation, a closing audit report
containing audited financial statements as of such effective
date for the twelve months ending with such effective date.
(3) The director shall adopt rules specifying the form
and content of such audit reports and may require additional
reporting as is necessary for the director to ensure compliance with this chapter. [1994 c 92 § 282; 1991 c 355 § 9.]
31.45.100 Examination—Director’s duty. The
director may at any time investigate the business and
examine the books, accounts, records, and files of any
licensee or person who the director has reason to believe is
engaging in the business governed by this chapter. The
director shall collect from the licensee, the actual cost of the
examination. [1994 c 92 § 283; 1991 c 355 § 10.]
(2002 Ed.)
31.45.080
31.45.110 Violation or unsound practice—Notice of
charges—Hearing—Cease and desist order—Director’s
duty. (1) The director may issue and serve upon a licensee
a notice of charges if, in the opinion of the director, any licensee:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business governed by this chapter;
(b) Is violating or has violated the law, rule, or any
condition imposed in writing by the director in connection
with the granting of any application or other request by the
licensee or any written agreement made with the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause.
(2) The notice shall contain a statement of the facts
constituting the alleged violation or violations or the practice
or practices and shall fix a time and place at which a hearing
will be held to determine whether an order to cease and
desist should be issued against the licensee. The hearing
shall be set not earlier than ten days nor later than thirty
days after service of the notice unless a later date is set by
the director at the request of the licensee.
Unless the licensee personally appears at the hearing or
by a duly authorized representative, the licensee is deemed
to have consented to the issuance of the cease and desist
order. In the event of this consent or if upon the record
made at the hearing the director finds that any violation or
practice specified in the notice of charges has been established, the director may issue and serve upon the licensee an
order to cease and desist from the violation or practice. The
order may require the licensee and its directors, officers, employees, and agents to cease and desist from the violation or
practice and may require the licensee to take affirmative
action to correct the conditions resulting from the violation
or practice.
(3) A cease and desist order becomes effective upon the
expiration of ten days after the service of the order upon the
licensee concerned, except that a cease and desist order
issued upon consent becomes effective at the time specified
in the order and remains effective as provided in the order
unless it is stayed, modified, terminated, or set aside by
action of the director or a reviewing court. [1994 c 92 §
284; 1991 c 355 § 11.]
31.45.120 Violation or unsound practice—
Temporary cease and desist order—Director’s duty.
Whenever the director determines that the acts specified in
RCW 31.45.110 or their continuation is likely to cause
insolvency or substantial injury to the public, the director
may also issue a temporary order requiring the licensee to
cease and desist from the violation or practice. The order
becomes effective upon service upon the licensee and
remains effective unless set aside, limited, or suspended by
a court under RCW 31.45.130 pending the completion of the
administrative proceedings under the notice and until such
time as the director dismisses the charges specified in the
notice or until the effective date of the cease and desist order
issued against the licensee under RCW 31.45.110. [1994 c
92 § 285; 1991 c 355 § 12.]
[Title 31 RCW—page 43]
31.45.130
Title 31 RCW: Miscellaneous Loan Agencies
31.45.130 Temporary cease and desist order—
Licensee’s application for injunction. Within ten days
after a licensee has been served with a temporary cease and
desist order, the licensee may apply to the superior court in
the county of its principal place of business for an injunction
setting aside, limiting, or suspending the order pending the
completion of the administrative proceedings pursuant to the
notice served under RCW 31.45.120. The superior court has
jurisdiction to issue the injunction. [1991 c 355 § 13.]
31.45.140 Violation of temporary cease and desist
order—Director’s application for injunction. In the case
of a violation or threatened violation of a temporary cease
and desist order issued under RCW 31.45.120, the director
may apply to the superior court of the county of the principal place of business of the licensee for an injunction. [1994
c 92 § 286; 1991 c 355 § 14.]
31.45.150 Licensee’s failure to perform obligations—Director’s duty. Whenever as a result of an
examination or report it appears to the director that:
(1) The capital of any licensee is impaired;
(2) Any licensee is conducting its business in such an
unsafe or unsound manner as to render its further operations
hazardous to the public;
(3) Any licensee has suspended payment of its trust
obligations;
(4) Any licensee has refused to submit its books, papers,
and affairs to the inspection of the director or the director’s
examiner;
(5) Any officer of any licensee refuses to be examined
under oath regarding the business of the licensee;
(6) Any licensee neglects or refuses to comply with any
order of the director made pursuant to this chapter unless the
enforcement of such order is restrained in a proceeding
brought by such licensee;
the director may immediately take possession of the property
and business of the licensee and retain possession until the
licensee resumes business or its affairs are finally liquidated
as provided in RCW 31.45.160. The licensee may resume
business upon such terms as the director may prescribe.
[1994 c 92 § 287; 1991 c 355 § 15.]
offense, to be recovered by the attorney general in a civil
action in the name of the state. Each day’s continuance of
the violation is a separate and distinct offense. [1994 c 92
§ 289; 1991 c 355 § 17.]
31.45.180 Violation—Misdemeanor. Any person
who violates or participates in the violation of any provision
of the rules or orders of the director or of this chapter is
guilty of a misdemeanor. [1994 c 92 § 290; 1991 c 355 §
18.]
31.45.190 Violation—Consumer protection act—
Remedies. The legislature finds and declares that any
violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and an
unfair method of competition in the conduct of trade or
commerce as set forth in RCW 19.86.020. Remedies
available under chapter 19.86 RCW shall not affect any other
remedy the injured party may have. [1991 c 355 § 19.]
31.45.200 Director—Broad administrative discretion. The director has the power, and broad administrative
discretion, to administer and interpret the provisions of this
chapter to ensure the protection of the public. [1994 c 92 §
291; 1991 c 355 § 20.]
31.45.900 Effective date, implementation—1991 c
355. This act shall take effect January 1, 1992. The
director shall take such steps as are necessary to ensure that
this act is implemented on its effective date. [1994 c 92 §
292; 1991 c 355 § 24.]
31.45.160 Director’s possession of property and
business—Appointment of receiver. Whenever the director
has taken possession of the property and business of a
licensee, the director may petition the superior court for the
appointment of a receiver to liquidate the affairs of the
licensee. During the time that the director retains possession
of the property and business of a licensee, the director has
the same powers and authority with reference to the licensee
as is vested in the director under chapter 31.04 RCW, and
the licensee has the same rights to hearings and judicial
review as are granted under chapter 31.04 RCW. [1997 c
101 § 4; 1994 c 92 § 288; 1991 c 355 § 16.]
31.45.170 Violation—Penalty. Every licensee
violating or failing to comply with any provision of this
chapter or any lawful direction or requirement of the director
is subject, in addition to any penalty otherwise provided, to
a penalty of not more than one hundred dollars for each
[Title 31 RCW—page 44]
(2002 Ed.)
Title 32
MUTUAL SAVINGS BANKS
Chapters
32.04
32.08
32.12
32.16
32.20
32.24
32.28
32.30
32.32
32.34
32.35
32.40
32.98
32.04.220
General provisions.
Organization and powers.
Deposits—Earnings—Dividends—Interest.
Officers and employees.
Investments.
Insolvency and liquidation.
Satellite facilities.
Conversion of mutual savings bank to building and loan or savings and loan association.
Conversion of mutual savings bank to capital
stock savings bank.
Merger, consolidation, conversion, etc.
Stock savings banks.
Community credit needs.
Construction.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
Indemnification of directors, officers, employees, etc., by corporations
authorized, insurance: RCW 23B.08.320, 23B.08.500 through
23B.08.580, 23B.08.600, and 23B.17.030.
Master license system exemption: RCW 19.02.800.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Chapter 32.04
GENERAL PROVISIONS
Sections
32.04.010
32.04.020
32.04.022
32.04.025
32.04.030
32.04.035
32.04.050
32.04.070
32.04.080
32.04.082
32.04.085
32.04.100
32.04.110
32.04.120
32.04.130
32.04.150
32.04.170
32.04.190
32.04.200
32.04.210
32.04.211
(2002 Ed.)
Scope of title.
Definitions.
"Mortgage" includes deed of trust.
Powers as to horizontal property regimes or condominiums.
Branches—Director’s approval.
Agency agreements—Written notice to director.
Reports.
Certified copies of records as evidence.
Employees’ pension, retirement, or health insurance benefits—Payment.
Pension, retirement, or health insurance benefits—Waiver by
bank of offsets attributable to social security.
Pension, retirement, or health insurance benefits—
Supplementation.
Penalty for falsification.
Penalty for concealing or destroying evidence.
Specific penalties invoked.
General penalty.
Cost of examination.
Conversion to mutual savings bank of savings and loan
association.
Bank stabilization act.
Capital notes or debentures.
Saturday closing authorized.
Examinations directed—Cooperative agreements and actions.
Examination reports and information—Confidential—
Privileged—Penalty.
32.04.250 Violations or unsafe practices—Notice of charges—
Grounds—Contents of notice—Hearing—Cease and
desist orders.
32.04.260 Violations or unsafe practices—Temporary cease and desist
orders.
32.04.270 Violations or unsafe practices—Injunction to set aside temporary cease and desist order.
32.04.280 Violation of temporary cease and desist order—Injunction to
enforce order.
32.04.290 Administrative hearing provided for in RCW 32.04.250 or
32.16.093—Procedure—Order—Judicial review.
32.04.300 Jurisdiction of courts as to cease and desist orders, orders to
remove trustee, officer, or employee, etc.
32.04.310 Automated teller machines and night depositories security.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Depositaries of state funds: Chapter 43.85 RCW.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Indemnification of directors, officers, employees, etc., by corporation
authorized, insurance: RCW 23B.08.320, 23B.08.500 through
23B.08.580, 23B.08.600, and 23B.17.030.
Negotiable instruments: Title 62A RCW.
Powers of appointment: Chapter 11.95 RCW.
Safe deposit companies: Chapter 22.28 RCW.
32.04.010 Scope of title. This title shall not be
construed as amending or repealing any other law of the
state authorizing the incorporation of banks or regulating the
same, but shall be deemed to be additional legislation for the
sole purpose of authorizing the incorporation and operation
of mutual savings banks and mutual savings banks converted
under chapter 32.32 RCW to stock form, as herein prescribed. Savings banks incorporated on the stock plan, other
than converted mutual savings banks, and other stock banks
having savings departments as authorized by RCW
30.20.060, or by any other law of the state heretofore or
hereafter enacted, shall not be in any manner affected by the
provisions of this title, or any amendment thereto. [1981 c
85 § 105; 1955 c 13 § 32.04.010. Prior: 1915 c 175 § 52;
RRS § 3381.]
32.04.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) The use of the term "savings bank" or "mutual
savings bank" refers to savings banks organized under
chapter 32.08 or 32.35 RCW or converted under chapter
32.32 or 33.44 RCW.
(2) The use of the words "mutual savings" as part of a
name under which business of any kind is or may be
transacted by any person, firm, or corporation, except such
as were organized and in actual operation on June 9, 1915,
or as may be thereafter operated under the requirements of
this title is hereby prohibited.
[Title 32 RCW—page 1]
32.04.020
Title 32 RCW: Mutual Savings Banks
(3) The use of the term "director" refers to the director
of financial institutions.
(4) The use of the word "branch" refers to an established office or facility other than the principal office, at
which employees of the savings bank take deposits. The
term "branch" does not refer to a machine permitting customers to leave funds in storage or communicate with
savings bank employees who are not located at the site of
that machine, unless employees of the savings bank at the
site of that machine take deposits on a regular basis. An
office of an entity other than the savings bank is not established by the savings bank, regardless of any affiliation,
accommodation arrangement, or other relationship between
the other entity and the savings bank. [1999 c 14 § 13; 1997
c 101 § 5; 1996 c 2 § 20; 1994 c 92 § 293; 1985 c 56 § 1;
1981 c 85 § 106; 1955 c 13 § 32.04.020. Prior: 1915 c 175
§ 49; RRS § 3378.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
32.04.022 "Mortgage" includes deed of trust. The
word "mortgage" as used in this title includes deed of trust.
[1969 c 55 § 13.]
32.04.025 Powers as to horizontal property regimes
or condominiums. The words "real estate" and "real
property" as used in this title shall include apartments or
other portions, however designated, of horizontal property
regimes, or a condominium interest in property, as may be
created under any laws now in existence or hereafter enacted. A mutual savings bank may do any act necessary or
appropriate in connection with its interest in or ownership of
any portion of a horizontal property regime or condominium.
[1963 c 176 § 10.]
Horizontal property regimes: Chapter 64.32 RCW.
32.04.030 Branches—Director’s approval. A
savings bank may not, without the written approval of the
director, establish and operate branches in any place.
A savings bank headquartered in this state desiring to
establish a branch shall file a written application with the
director, who shall approve or disapprove the application.
The director’s approval shall be conditioned on a
finding that the savings bank has a satisfactory record of
compliance with applicable laws and has a satisfactory
financial condition. In making such findings, the director
may rely on an application in the form filed with the federal
deposit insurance corporation pursuant to 12 U.S.C. Sec.
1828(d). If the application for a branch is not approved, the
savings bank shall have the right to appeal in the same
manner and within the same time as provided by RCW
32.08.050 and 32.08.060. The savings bank when delivering
the application to the director shall transmit to the director
a check in an amount established by rule to cover the
expense of the investigation. A savings bank headquartered
in this state shall not move its headquarters or any branch
more than two miles from its existing location without prior
approval of the director. On or before the date on which it
opens any office at which it will transact business in any
state, territory, province, or other jurisdiction, a savings bank
shall give written notice to the director of the location of this
[Title 32 RCW—page 2]
office. No such notice shall become effective until it has
been delivered to the director.
The board of trustees of a savings bank, after notice to
the director, may discontinue the operation of a branch. The
savings bank shall keep the director informed in the matter
and shall notify the director of the date operation of the
branch is discontinued.
(1) A savings bank that is headquartered in this state
and is operating branches in another state, territory, province,
or other jurisdiction may provide copies of state examination
reports and reports of condition of the savings bank to the
regulator having oversight responsibility with regard to its
operations in that other jurisdiction, including the regulator
of savings associations in the event such a savings bank is
transacting savings and loan business pursuant to RCW
32.08.142 in that other jurisdiction.
(2) No savings bank headquartered in another state may
establish, or acquire pursuant to RCW 32.32.500, and
operate branches as a savings bank in any place within the
state unless:
(a) The savings bank has filed with the director an
agreement to comply with the requirements of RCW
30.38.040 for periodic reports by the savings bank or by the
appropriate state superintendent or equivalent regulator of the
savings bank under the laws of the state in which the savings
bank is incorporated, unless the laws expressly require the
provision of all the reports to the director;
(b) The savings bank has filed with the director (i) a
duly executed instrument in writing, by its terms of indefinite duration and irrevocable, appointing the director and his
or her successors its true and lawful attorney, upon whom all
process in any action or proceeding against it in a cause of
action arising out of business transacted by such savings
bank in this state, may be served with the same force and
effect as if it were a domestic corporation and had been
lawfully served with process within the state, and (ii) a
written certificate of designation, which may be changed
from time to time by the filing of a new certificate of
designation, specifying the name and address of the officer,
agent, or other person to whom such process shall be
forwarded by the director; and
(c) The savings bank has supplied the director with such
information as he or she shall require by rule, not to exceed
the information on which the director may rely in approving
a branch application pursuant to this section by a savings
bank headquartered in this state.
A savings bank headquartered in another state may not
establish and operate branches as a foreign savings association in any place within the state except upon compliance
with chapter 33.32 RCW. [1996 c 2 § 21. Prior: 1994 c
256 § 93; 1994 c 92 § 294; 1985 c 56 § 2; 1955 c 80 § 1;
1955 c 13 § 32.04.030; prior: 1933 c 143 § 1; 1925 ex.s. c
86 § 10; 1915 c 175 § 15; RRS § 3344.]
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.04.035 Agency agreements—Written notice to
director. On or before the date on which a mutual savings
bank enters into any agency agreement authorizing another
entity, as agent of the mutual savings bank, to receive
deposits or renew time deposits, the mutual savings bank
(2002 Ed.)
General Provisions
shall give written notice to the director of the existence of
the agency agreement. The notice is not effective until it
has been delivered to the office of the director. [1996 c 2 §
22.]
Severability—1996 c 2: See RCW 30.38.900.
32.04.050 Reports. A savings bank shall render to the
director, in such form as he or she shall prescribe, at least
three regular reports each year exhibiting its resources and
liabilities as of such dates as the director shall designate,
which shall be the dates designated by the comptroller of the
currency of the United States for reports of national banking
associations. Every such report, in a condensed form to be
prescribed by the director, shall be published once in a
newspaper of general circulation, published in the place
where the bank is located. A savings bank shall also make
such special reports as the director shall call for. A regular
report shall be filed with the director within thirty days and
proof of the publication thereof within forty days from the
date of the issuance of the call for the report. A special
report shall be filed within such time as the director shall
indicate in the call therefor. A savings bank that fails to file
within the prescribed time any report required by this section
or proof of the publication of any report required to be published shall be subject to a penalty to the state of fifty
dollars for each day’s delay, recoverable by a civil action
brought by the attorney general in the name of the state.
[1994 c 92 § 296; 1977 ex.s. c 241 § 1; 1955 c 13 §
32.04.050. Prior: 1925 ex.s. c 86 § 13; 1915 c 175 § 39;
RRS § 3368a.]
32.04.035
32.04.082 Pension, retirement, or health insurance
benefits—Waiver by bank of offsets attributable to social
security. With respect to pension payments or retirement or
health insurance benefits payable by a mutual savings bank
to any employee heretofore or hereafter retired, such bank
may waive all or any part of any offsets thereto attributable
to social security benefits receivable by such employee.
[1999 c 14 § 15; 1957 c 80 § 7.]
Severability—1999 c 14: See RCW 32.35.900.
32.04.085 Pension, retirement, or health insurance
benefits—Supplementation. Any pension payment or
retirement or health insurance benefits payable by a mutual
savings bank to a former officer or employee, or to a person
or persons entitled thereto by virtue of service performed by
such officer or employee, in the discretion of a majority of
all the trustees of such bank, may be supplemented from
time to time. The board of trustees of a savings bank or a
board committee, none of whose members is an officer of
the bank, may set aside from current earnings, reserves in
such amounts as the board or the committee shall deem
appropriate to provide for the payments of future supplemental payments. [1999 c 14 § 16. Prior: 1994 c 256 § 96;
1994 c 92 § 298; 1971 ex.s. c 222 § 1.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1971 ex.s. c 222: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 222 § 9.]
32.04.070 Certified copies of records as evidence.
Copies from the records, books, and accounts of a savings
bank shall be competent evidence in all cases, equal with
originals thereof, if there is annexed to such copies an
affidavit taken before a notary public or clerk of a court
under seal, stating that the affiant is the officer of the bank
having charge of the original records, and that the copy is
true and correct and is full so far as the same relates to the
subject matter therein mentioned. [1955 c 13 § 32.04.070.
Prior: 1915 c 175 § 47; RRS § 3376.]
32.04.100 Penalty for falsification. Every person
who knowingly subscribes to or makes or causes to be made
any false statement or false entry in the books of any savings
bank, or knowingly subscribes to or exhibits any false or
fictitious security, document or paper, with the intent to
deceive any person authorized to examine into the affairs of
any savings bank, or makes or publishes any false statement
of the amount of the assets or liabilities of any such savings
bank shall be guilty of a felony. [1955 c 13 § 32.04.100.
Prior: 1931 c 132 § 11; RRS § 3379b.]
32.04.080 Employees’ pension, retirement, or health
insurance benefits—Payment. A mutual savings bank may
provide for pensions or retirement benefits for its disabled or
superannuated employees or health insurance benefits for its
employees and may pay a part or all of the cost of providing
such pensions or benefits in accordance with a plan adopted
by its board of trustees or a board committee, none of whose
members is an officer of the bank. The board of trustees of
a savings bank or such a committee of the board may set
aside from current earnings reserves in such amounts as the
board or the committee shall deem wise to provide for the
payment of future pensions or benefits. [1999 c 14 § 14.
Prior: 1994 c 256 § 95; 1994 c 92 § 297; 1955 c 80 § 2;
1955 c 13 § 32.04.080; prior: 1949 c 119 § 1; 1937 c 64 §
2; 1935 c 87 § 1; Rem. Supp. 1949 § 3366-1.]
32.04.110 Penalty for concealing or destroying
evidence. Every trustee, officer, employee, or agent of any
savings bank who for the purpose of concealing any fact
suppresses any evidence against himself or herself, or against
any other person, or who abstracts, removes, mutilates,
destroys, or secretes any paper, book, or record of any
savings bank, or of the director, or anyone connected with
his or her office shall be guilty of a felony. [1994 c 92 §
299; 1955 c 13 § 32.04.110. Prior: 1931 c 132 § 12; RRS
§ 3379c.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2002 Ed.)
32.04.120 Specific penalties invoked. The provisions
of RCW 9.24.050, 9.24.040 and 9.24.030 shall apply to the
corporations authorized under this title. [1955 c 13 §
32.04.120. Prior: 1915 c 175 § 50; RRS § 3379.]
32.04.130 General penalty. Any person who does
anything forbidden by chapter 32.04, 32.08, 32.12, 32.16 or
32.24 RCW of this title for which a penalty is not provided
[Title 32 RCW—page 3]
32.04.130
Title 32 RCW: Mutual Savings Banks
in this title, or in some other law of the state, shall be guilty
of a gross misdemeanor and be punished accordingly. [1955
c 13 § 32.04.130. Prior: 1915 c 175 § 51; RRS § 3380.]
actions independently to carry out his or her responsibilities
under this title and assure compliance with the laws of this
state. [1994 c 92 § 300; 1989 c 180 § 4.]
32.04.150 Cost of examination. See RCW 30.04.070.
32.04.220 Examination reports and information—
Confidential—Privileged—Penalty. (1) All examination
reports and all information obtained by the director and the
director’s staff in conducting examinations of mutual savings
banks, and information obtained by the director and the
director’s staff from other state or federal bank regulatory
authorities with whom the director has entered into agreements pursuant to RCW 32.04.211, and information obtained
by the director and the director’s staff relating to examination and supervision of holding companies owning a savings
bank in this state or subsidiaries of such holding companies,
is confidential and privileged information and shall not be
made public or otherwise disclosed to any person, firm,
corporation, agency, association, governmental body, or other
entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or any part of examination reports
prepared by the director’s office to:
(a) Federal agencies empowered to examine mutual
savings banks;
(b) Bank regulatory authorities with whom the director
has entered into agreements pursuant to RCW 32.04.211, and
other bank regulatory authorities who are the primary
regulatory authority or insurer of accounts for a holding
company owning a savings bank the principal operations of
which are conducted in this state or a subsidiary of such
holding company; provided that the director shall first find
that the reports of examination to be furnished shall receive
protection from disclosure comparable to that accorded by
this section;
(c) Officials empowered to investigate criminal charges
subject to legal process, valid search warrant, or subpoena.
If the director furnishes any examination report to officials
empowered to investigate criminal charges, the director may
only furnish that part of the report which is necessary and
pertinent to the investigation, and the director may do this
only after notifying the affected mutual savings bank and
any customer of the mutual savings bank who is named in
that part of the report of the order to furnish the part of the
examination report unless the officials requesting the report
first obtain a waiver of the notice requirement from a court
of competent jurisdiction for good cause;
(d) The examined savings bank or holding company
thereof;
(e) The attorney general in his or her role as legal
advisor to the director;
(f) Liquidating agents of a distressed savings bank;
(g) A person or organization officially connected with
the savings bank as officer, director, attorney, auditor, or
independent attorney or independent auditor;
(h) The Washington public deposit protection commission as provided by RCW 39.58.105.
(3) All examination reports furnished under subsections
(2) and (4) of this section shall remain the property of the
department of financial institutions, and be confidential, and
no person, agency, or authority to whom reports are furnished or any officer, director, or employee thereof shall
32.04.170 Conversion to mutual savings bank of
savings and loan association. See chapter 33.44 RCW.
32.04.190
RCW.
Bank stabilization act. See chapter 30.56
32.04.200
30.36 RCW.
Capital notes or debentures. See chapter
32.04.210
30.04.330.
Saturday closing authorized. See RCW
32.04.211 Examinations directed—Cooperative
agreements and actions. (1) The director, assistant director,
or an examiner shall visit each savings bank at least once
every eighteen months, and oftener if necessary, for the purpose of making a full investigation into the condition of such
corporation, and for that purpose they are hereby empowered
to administer oaths and to examine under oath any director,
officer, employee, or agent of such corporation. The director
may make such other full or partial examinations as deemed
necessary and may examine any holding company that owns
any portion of a savings bank chartered by the state of
Washington and obtain reports of condition for any holding
company that owns any portion of a savings bank chartered
by the state of Washington. The director may visit and
examine into the affairs of any nonpublicly held corporation
in which the savings bank or holding company has an
investment or any publicly held corporation the capital stock
of which is controlled by the savings bank or holding
company; may appraise and revalue such corporations’
investments and securities; and shall have full access to all
the books, records, papers, securities, correspondence, bank
accounts, and other papers of such corporations for such
purposes. The director may, in his or her discretion, accept
in lieu of the examinations required in this section the
examinations conducted at the direction of the federal reserve board or the Federal Deposit Insurance Corporation.
Any willful false swearing in any examination is perjury in
the second degree.
(2) The director may enter into cooperative and reciprocal agreements with the bank regulatory authorities of the
United States, any state, the District of Columbia, or any
trust territory of the United States for the periodic examination of domestic savings banks or holding companies owning
banking institutions in other states, the District of Columbia,
or trust territories, and subsidiaries of such domestic savings
banks and holding companies, or of out-of-state holding
companies owning a savings bank the principal operations of
which are conducted in this state. The director may accept
reports of examination and other records from such authorities in lieu of conducting his or her own examinations. The
director may enter into joint actions with other regulatory
bodies having concurrent jurisdiction or may enter into such
[Title 32 RCW—page 4]
(2002 Ed.)
General Provisions
disclose or make public any of the reports or any information contained therein except in published statistical material
that does not disclose the affairs of any individual or
corporation: PROVIDED, That nothing herein shall prevent
the use in a criminal prosecution of reports furnished under
subsection (2) of this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the mutual savings bank, and the director may furnish a copy
of the report to the mutual savings bank examined. The
report shall remain the property of the director and will be
furnished to the mutual savings bank solely for its confidential use. Under no circumstances shall the mutual savings
bank or any of its trustees, officers, or employees disclose or
make public in any manner the report or any portion thereof,
to any person or organization not connected with the savings
bank as officer, director, employee, attorney, auditor, or
candidate for executive office with the bank. The savings
bank may also, after execution of an agreement not to
disclose information in the report, disclose the report or
relevant portions thereof to a party proposing to acquire or
merge with the savings bank.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations,
or from other state and federal bank regulatory authorities
with whom the director has entered into agreements pursuant
to RCW 32.04.211, or relating to examination and supervision of holding companies owning a savings bank the
principal operations of which are conducted in this state or
a subsidiary of such holding company, shall not be subject
to public disclosure under chapter 42.17 RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning
an application for a new mutual savings bank or an application for a branch of a mutual savings bank: PROVIDED,
That the director may adopt rules making confidential
portions of the reports if in the director’s opinion the public
disclosure of the portions of the report would impair the
ability to obtain the information which the director considers
necessary to fully evaluate the application.
(8) Every person who violates any provision of this
section shall forfeit the person’s office or employment and
be guilty of a gross misdemeanor. [1994 c 92 § 301; 1989
c 180 § 5; 1977 ex.s. c 245 § 2.]
Severability—1977 ex.s. c 245: See note following RCW 30.04.075.
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
32.04.250 Violations or unsafe practices—Notice of
charges—Grounds—Contents of notice—Hearing—Cease
and desist orders. (1) The director may issue and serve
upon a mutual savings bank a notice of charges if in the
opinion of the director any mutual savings bank:
(2002 Ed.)
32.04.220
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the mutual savings
bank;
(b) Is violating or has violated the law, rule, or any
condition imposed in writing by the director in connection
with the granting of any application or other request by the
mutual savings bank or any written agreement made with the
director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause.
(2) The notice shall contain a statement of the facts
constituting the alleged violation or violations or the practice
or practices and shall fix a time and place at which a hearing
will be held to determine whether an order to cease and
desist should issue against the mutual savings bank. The
hearing shall be set not earlier than ten days nor later than
thirty days after service of the notice, unless a later date is
set by the director at the request of the mutual savings bank.
Unless the mutual savings bank shall appear at the
hearing by a duly authorized representative, it shall be
deemed to have consented to the issuance of the cease and
desist order. In the event of this consent or if upon the
record made at the hearing the director finds that any
violation or practice specified in the notice of charges has
been established, the director may issue and serve upon the
mutual savings bank an order to cease and desist from the
violation or practice. The order may require the mutual
savings bank and its trustees, officers, employees, and agents
to cease and desist from the violation or practice and may
require the mutual savings bank to take affirmative action to
correct the conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at
the expiration of ten days after the service of the order upon
the mutual savings bank concerned, except that a cease and
desist order issued upon consent shall become effective at
the time specified in the order and shall remain effective as
provided therein, unless it is stayed, modified, terminated, or
set aside by action of the director or a reviewing court.
[1994 c 92 § 302; 1979 c 46 § 1.]
Severability—1979 c 46: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 46 § 11.]
32.04.260 Violations or unsafe practices—
Temporary cease and desist orders. Whenever the director
determines that the acts specified in RCW 32.04.250 or their
continuation is likely to cause insolvency or substantial
dissipation of assets or earnings of the mutual savings bank
or to otherwise seriously prejudice the interest of its depositors, the director may also issue a temporary order requiring
the mutual savings bank to cease and desist from the
violation or practice. The order shall become effective upon
service on the mutual savings bank and, unless set aside,
limited, or suspended by a court in proceedings under RCW
32.04.270, shall remain effective pending the completion of
the administrative proceedings under the notice and until
such time as the director shall dismiss the charges specified
in the notice or until the effective date of a cease and desist
order issued against the mutual savings bank under RCW
32.04.250. [1994 c 92 § 303; 1979 c 46 § 2.]
[Title 32 RCW—page 5]
32.04.260
Title 32 RCW: Mutual Savings Banks
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.270 Violations or unsafe practices—Injunction
to set aside temporary cease and desist order. Within ten
days after a mutual savings bank has been served with a
temporary cease and desist order, the mutual savings bank
may apply to the superior court in the county of its principal
place of business for an injunction setting aside, limiting, or
suspending the order pending the completion of the administrative proceedings pursuant to the notice served under RCW
32.04.250.
The superior court shall have jurisdiction to issue the
injunction. [1979 c 46 § 3.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.280 Violation of temporary cease and desist
order—Injunction to enforce order. In the case of a
violation or threatened violation of a temporary cease and
desist order issued under RCW 32.04.260, the director may
apply to the superior court of the county of the principal
place of business of the mutual savings bank for an injunction to enforce the order. The court shall issue an injunction
if it determines there has been a violation or threatened
violation. [1994 c 92 § 304; 1979 c 46 § 4.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.290 Administrative hearing provided for in
RCW 32.04.250 or 32.16.093—Procedure—Order—
Judicial review. (1) Any administrative hearing provided in
RCW 32.04.250 or 32.16.093 may be held at such place as
is designated by the director and shall be conducted in
accordance with chapter 34.05 RCW. The hearing shall be
private unless the director determines that a public hearing
is necessary to protect the public interest after fully considering the views of the party afforded the hearing.
Within sixty days after the hearing, the director shall
render a decision which shall include findings of fact upon
which the decision is based and shall issue and serve upon
each party to the proceeding an order or orders consistent
with RCW 32.04.250 or 32.16.093, as the case may be.
Unless a petition for review is timely filed in the
superior court of the county of the principal place of
business of the affected mutual savings bank under subsection (2) of this section, and until the record in the proceeding
has been filed as provided therein, the director may at any
time modify, terminate, or set aside any order upon such
notice and in such manner as he or she shall deem proper.
Upon filing the record, the director may modify, terminate,
or set aside any order only with permission of the court.
The judicial review provided in this section shall be
exclusive for orders issued under RCW 32.04.250 and
32.16.093.
(2) Any party to the proceeding or any person required
by an order, temporary order, or injunction issued under
RCW 32.04.250, 32.04.260, 32.04.280, or 32.16.093 to
refrain from any of the violations or practices stated therein
may obtain a review of any order served under subsection
(1) of this section other than one issued upon consent by
filing in the superior court of the county of the principal
place of business of the affected mutual savings bank within
ten days after the date of service of the order a written
[Title 32 RCW—page 6]
petition praying that the order of the director be modified,
terminated, or set aside. A copy of the petition shall be
immediately served upon the director and the director shall
then file in the court the record of the proceeding. The court
shall have jurisdiction upon the filing of the petition, which
jurisdiction shall become exclusive upon the filing of the
record, to affirm, modify, terminate, or set aside in whole or
in part the order of the director except that the director may
modify, terminate, or set aside an order with the permission
of the court. The judgment and decree of the court shall be
final, except that it shall be subject to appellate review under
the rules of court.
(3) The commencement of proceedings for judicial
review under subsection (2) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(4) Service of any notice or order required to be served
under RCW 32.04.250, 32.04.260, or 32.16.093, or under
RCW 32.16.090, as now or hereafter amended, shall be
accomplished in the same manner as required for the service
of process in civil actions in superior courts of this state.
[1994 c 92 § 305; 1979 c 46 § 5.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.300 Jurisdiction of courts as to cease and
desist orders, orders to remove trustee, officer, or
employee, etc. The director may apply to the superior court
of the county of the principal place of business of the mutual
savings bank affected for the enforcement of any effective
and outstanding order issued under RCW 32.04.250 or
32.16.093, and the court shall have jurisdiction to order
compliance therewith.
No court shall have jurisdiction to affect by injunction
or otherwise the issuance or enforcement of any such order,
or to review, modify, suspend, terminate, or set aside any
such order, except as provided in RCW 32.04.270,
32.04.280, and 32.04.290. [1994 c 92 § 306; 1979 c 46 §
6.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.04.310 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to
automated teller machines and night depositories regulated
under this title. [1993 c 324 § 12.]
Effective date—1993 c 324: See RCW 19.174.900.
Chapter 32.08
ORGANIZATION AND POWERS
Sections
32.08.010
32.08.020
32.08.030
32.08.040
32.08.050
32.08.060
32.08.061
32.08.070
32.08.080
32.08.090
32.08.100
32.08.110
Authority to organize—Incorporators—Certificate.
Notice of intention.
Submission of certificate—Proof of service of notice.
Examination and action by director.
Appeal from adverse decision.
Procedure upon approval.
Extension of period of existence—Procedure.
Authorization certificate.
Conditions precedent to reception of deposits.
Expense fund—Agreement to contribute further—Security.
Guaranty fund.
Guaranty fund—Purpose.
(2002 Ed.)
Organization and Powers
32.08.115
Guaranty fund—Payment of interest and dividends—
Legislative declaration.
32.08.116 Guaranty fund—Payment of interest and dividends—When
authorized.
32.08.120 Guaranty fund—Replenishment—Dividends.
32.08.130 Reimbursement fund.
32.08.140 Powers of bank.
32.08.142 Additional powers—Powers of federal mutual savings bank.
32.08.145 Safe deposit companies.
32.08.146 Powers and authorities granted to federal mutual savings
banks.
32.08.148 Operation of branch outside Washington—Powers and authorities.
32.08.150 Certificates of deposit.
32.08.160 Writing of fire insurance restricted.
32.08.170 Effect of failure to organize or commence business.
32.08.180 Extension of existence.
32.08.190 May borrow from home loan bank.
32.08.210 Power to act as trustee—Authorized trusts—Limitations—
Application to act as trustee, fee—Approval or refusal
of application—Right of appeal—Use of word "trust".
32.08.215 Power to act as trustee for common trust funds under multiple trust agreements—Conditions.
32.08.220 Findings—Purpose.
32.08.225 Sale, purchase, etc., of interest rate exchange agreements,
loans, or interests therein.
32.08.230 Restrictions and requirements by director.
Federal bonds and notes as investment of collateral: Chapter 39.60 RCW.
32.08.010 Authority to organize—Incorporators—
Certificate. When authorized by the director, as hereinafter
provided, not less than nine nor more than thirty persons
may form a corporation to be known as a "mutual savings
bank." Such persons must be citizens of the United States;
at least four-fifths of them must be residents of this state,
and at least two-thirds of them must be residents of the
county where the bank is to be located and its business
transacted. They shall subscribe an incorporation certificate
in triplicate which shall specifically state:
(1) The name by which the savings bank is to be
known, which name shall include the words "mutual savings
bank";
(2) The place where the bank is to be located, and its
business transacted, naming the city or town and county;
(3) The name, occupation, residence, and post office
address of each incorporator;
(4) The sums which each incorporator will contribute in
cash to the initial guaranty fund, and to the expense fund
respectively, as provided in RCW 32.08.090 and 32.08.100;
(5) Any provision the incorporators elect to so set forth
which is permitted by RCW 23B.17.030;
(6) Any other provision the incorporators elect to so set
forth which is not inconsistent with this chapter;
(7) A declaration that each incorporator will accept the
responsibilities and faithfully discharge the duties of a trustee
of the savings bank, and is free from all the disqualifications
specified in RCW 32.16.010. [1994 c 256 § 97; 1994 c 92
§ 307; 1955 c 13 § 32.08.010. Prior: 1915 c 175 § 1; 1905
c 129 § 2; RRS § 3313.]
Reviser’s note: This section was amended by 1994 c 92 § 307 and
by 1994 c 256 § 97, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.08.020 Notice of intention. At the time of
executing the incorporation certificate, the proposed incorpo(2002 Ed.)
Chapter 32.08
rators shall sign a notice of intention to organize the mutual
savings bank, which shall specify their names, the name of
the proposed corporation, and its location as set forth in the
incorporation certificate. The original of such notice shall be
filed in the office of the director within sixty days after the
date of its execution, and a copy thereof shall be published
at least once a week for four successive weeks in a newspaper designated by the director, the publication to be commenced within thirty days after such designation. At least
fifteen days before the incorporation certificate is submitted
to the director for examination, as provided in RCW
32.08.030, a copy of such notice shall be served upon each
savings bank doing business in the city or town named in the
incorporation certificate, by mailing such copy (postage
prepaid) to such bank. [1994 c 92 § 308; 1955 c 13 §
32.08.020. Prior: 1915 c 175 § 2; RRS § 3314.]
32.08.030 Submission of certificate—Proof of
service of notice. After the lapse of at least twenty-eight
days from the date of the first due publication of the notice
of intention to incorporate, and within ten days after the date
of the last publication thereof, the incorporation certificate
executed in triplicate shall be submitted for examination to
the director at his or her office in Olympia, with affidavits
showing due publication and service of the notice of intention to organize prescribed in RCW 32.08.020. [1994 c 92
§ 309; 1955 c 13 § 32.08.030. Prior: 1915 c 175 § 3; RRS
§ 3315.]
32.08.040 Examination and action by director.
When any such certificate has been filed for examination the
director shall thereupon ascertain from the best source of
information at his or her command, and by such investigation as he or she may deem necessary, whether the character,
responsibility, and general fitness of the person or persons
named in such certificate are such as to command confidence
and warrant belief that the business of the proposed bank
will be honestly and efficiently conducted in accordance with
the intent and purpose of this title, and whether the public
convenience and advantage will be promoted by allowing
such proposed bank to be incorporated and engage in business, and whether greater convenience and access to a
savings bank would be afforded to any considerable number
of depositors by opening a mutual savings bank in the place
designated, whether the population in the neighborhood of
such place, and in the surrounding country, affords a
reasonable promise of adequate support for the proposed
bank, and whether the contributions to the initial guaranty
fund and expense fund have been paid in cash. After the
director has satisfied himself or herself by such investigation
whether it is expedient and desirable to permit such proposed
bank to be incorporated and engage in business, he or she
shall within sixty days after the date of the filing of the certificate for examination indorse upon each of the triplicates
thereof over his or her official signature the word "approved"
or the word "refused," with the date of such indorsement. In
case of refusal he or she shall forthwith return one of the
triplicates so indorsed to the proposed incorporators from
whom the certificate was received. [1994 c 92 § 310; 1955
c 13 § 32.08.040. Prior: 1915 c 175 § 4, part; RRS § 3316,
part.]
[Title 32 RCW—page 7]
32.08.050
Title 32 RCW: Mutual Savings Banks
32.08.050 Appeal from adverse decision. From the
director’s refusal to issue a certificate of authorization, the
applicants or a majority of them, may within thirty days
from the date of the filing of the certificate of refusal with
the secretary of state, appeal to a board of appeal composed
of the governor or the governor’s designee, the attorney
general and the director by filing in the office of the director
a notice that they appeal to such board from his or her
refusal. The procedure upon the appeal shall be such as the
board may prescribe, and its determination shall be certified,
filed, and recorded in the same manner as the director’s, and
shall be final. [1994 c 92 § 311; 1979 ex.s. c 57 § 6; 1955
c 13 § 32.08.050. Prior: 1915 c 175 § 4, part; RRS § 3316,
part.]
32.08.060 Procedure upon approval. In case of
approval, the director shall forthwith give notice thereof to
the proposed incorporators, and file one of the duplicate
certificates in his or her own office, and shall transmit the
other to the secretary of state. Upon receipt from the
proposed incorporators of the same fees as are required for
filing and recording other incorporation certificates, the
secretary of state shall file the certificate and record the
same. Upon the filing of said incorporation certificate in
duplicate approved as aforesaid in the offices of the director
and the secretary of state, the persons named therein and
their successors shall thereupon become and be a corporation, which corporation shall have the powers and be subject
to the duties and obligations prescribed in this title and its
corporate existence shall be perpetual, unless sooner terminated pursuant to law, but such corporation shall not receive
deposits or engage in business until authorized so to do by
the director as provided in RCW 32.08.070. [1994 c 92 §
312; 1981 c 302 § 26; 1957 c 80 § 1; 1955 c 13 §
32.08.060. Prior: 1915 c 175 § 4, part; RRS § 3316, part.]
Severability—1981 c 302: See note following RCW 19.76.100.
32.08.061 Extension of period of existence—
Procedure. A mutual savings bank may amend its incorporation certificate to extend the period of its corporate
existence for a further definite time or perpetually by a
resolution adopted by a majority vote of its board of trustees.
Duplicate copies of the resolution, subscribed and acknowledged by the president and secretary of such bank, shall be
filed in the office of the director within thirty days after its
adoption. If the director finds that the resolution conforms
to law he or she shall, within sixty days after the date of the
filing thereof, endorse upon each of the duplicates thereof,
over his or her official signature, his or her approval and
forthwith give notice thereof to the bank and shall file one
of the certificates in his or her own office and shall transmit
the other to the secretary of state. Upon receipt from the
mutual savings bank of the same fees as are required of
general corporations for filing corresponding instruments, the
secretary of state shall file the resolution and record the
same. Upon the filing of said resolution in duplicate, approved as aforesaid in the offices of the director and the
secretary of state, the corporate existence of said bank shall
continue for the period set forth in said resolution unless
sooner terminated pursuant to law. [1994 c 92 § 313; 1981
c 302 § 27; 1963 c 176 § 1; 1957 c 80 § 8.]
[Title 32 RCW—page 8]
Severability—1981 c 302: See note following RCW 19.76.100.
32.08.070 Authorization certificate. Before a mutual
savings bank shall be authorized to do any business the
director shall be satisfied that the corporation has in good
faith complied with all the requirements of law and fulfilled
all the conditions precedent to commencing business imposed by this title. If satisfied that the corporation has in
good faith complied with all the requirements of law, and
fulfilled all the conditions precedent to commencing business
imposed by this title, the director shall within six months
after the date upon which the proposed organization certificate was filed with him or her for examination, but in no
case after the expiration of that period, issue under his or her
hand and official seal in triplicate an authorization certificate
to such corporation. Such authorization certificate shall state
that the corporation therein named has complied with all the
requirements of law, that it is authorized to transact at the
place designated in its certificate of incorporation, the
business of a mutual savings bank. One of the triplicate
authorization certificates shall be transmitted by the director
to the corporation therein named, and the other two authorization certificates shall be filed by the director in the same
public offices where the certificate of incorporation is filed,
and shall be attached to said incorporation certificate. [1994
c 92 § 314; 1981 c 302 § 28; 1955 c 13 § 32.08.070. Prior:
1915 c 175 § 5; RRS § 3317.]
Severability—1981 c 302: See note following RCW 19.76.100.
32.08.080 Conditions precedent to reception of
deposits. Before such corporation shall be authorized to
receive deposits or transact business other than the completion of its organization, the director shall be satisfied that:
(1) The incorporators have made the deposit of the
initial guaranty fund required by this title;
(2) The incorporators have made the deposit of the
expense fund required by RCW 32.08.090 and if the director
shall so require, have entered into the agreement or undertaking with him or her and have filed the same and the
security therefor as prescribed in said section;
(3) The corporation has transmitted to the director the
name, residence, and post office address of each officer of
the corporation;
(4) Its certificate of incorporation in triplicate has been
filed in the respective public offices designated in this title.
[1994 c 92 § 315; 1955 c 13 § 32.08.080. Prior: 1915 c
175 § 6; RRS § 3318.]
32.08.090 Expense fund—Agreement to contribute
further—Security. Before any mutual savings bank shall
be authorized to do business, its incorporators shall create an
expense fund from which the expense of organizing such
bank and its operating expenses may be paid, until such time
as its earnings are sufficient to pay its operating expenses in
addition to such dividends as may be declared and credited
to its depositors from its earnings. The incorporators shall
deposit to the credit of such savings bank in cash as an
expense fund the sum of five thousand dollars. They shall
also enter into such an agreement or undertaking with the
director as trustee for the depositors with the savings bank
as he or she may require to make such further contributions
(2002 Ed.)
Organization and Powers
in cash to the expense fund as may be necessary to pay its
operating expenses until such time as it can pay them from
its earnings, in addition to such dividends as may be declared and credited to its depositors. Such agreement or
undertaking shall fix the maximum liability assumed thereby
which shall be a reasonable amount approved by the director
and the same shall be secured to his or her satisfaction,
which security in his or her discretion may be by a surety
bond executed by a domestic or foreign corporation authorized to transact within this state the business of surety. The
agreement or undertaking and security shall be filed in the
office of the director. Such agreement or undertaking and
such security need not be made or furnished unless the
director shall require the same. The amounts contributed to
the expense fund of said savings bank by the incorporators
or trustees shall not constitute a liability of the savings bank
except as hereinafter provided. [1994 c 92 § 316; 1955 c 13
§ 32.08.090. Prior: 1915 c 175 § 8; RRS § 3320.]
32.08.100 Guaranty fund. Before any mutual savings
bank shall be authorized to do business, its incorporators
shall create a guaranty fund for the protection of its depositors against loss on its investments, whether arising from
depreciation in the market value of its securities or otherwise:
(1) Such guaranty fund shall consist of payments in cash
made by the original incorporators and of all sums credited
thereto from the earnings of the savings bank as hereinafter
required.
(2) The incorporators shall deposit to the credit of such
savings bank in cash as an initial guaranty fund at least five
thousand dollars.
(3) Prior to the liquidation of any such savings bank
such guaranty fund shall not be in any manner encroached
upon, except for losses and the repayment of contributions
made by incorporators or trustees as hereinafter provided,
until such fund together with undivided profits exceeds
twenty-five percent of the amount due depositors.
(4) The amounts contributed to such guaranty fund by
the incorporators or trustees shall not constitute a liability of
the savings bank, except as hereinafter provided, and any
loss sustained by the savings bank in excess of that portion
of the guaranty fund created from earnings may be charged
against such contributions pro rata. [1955 c 13 § 32.08.100.
Prior: 1915 c 175 § 7; RRS § 3319.]
32.08.110 Guaranty fund—Purpose. The contributions of the incorporators, or trustees of any such savings
bank under the provisions of RCW 32.08.100, and the sums
credited thereto from its net earnings under the provisions of
RCW 32.08.120, shall constitute a guaranty fund for the
security of its depositors, and shall be held to meet any
contingency or loss in its business from depreciation of its
securities or otherwise, and for no other purpose except as
provided in RCW 32.08.130, and RCW 32.12.090(5). [1955
c 13 § 32.08.110. Prior: 1915 c 175 § 21; RRS § 3350.]
32.08.115 Guaranty fund—Payment of interest and
dividends—Legislative declaration. It is hereby recognized
that the savings banks of the state of Washington are
affected adversely by the uncertainties and ambiguities in the
(2002 Ed.)
32.08.090
law relating to guaranty funds. It is the express purpose of
the legislature in enacting RCW 32.08.116 to clarify that the
law permits payment of interest and dividends from the
guaranty funds of savings banks and RCW 32.08.116 shall
be liberally construed to that end. [1982 c 5 § 1.]
32.08.116 Guaranty fund—Payment of interest and
dividends—When authorized. A savings bank not having
net earnings or undivided profits or other surplus may pay
interest and dividends from its guaranty fund upon prior
written approval of the director, which approval shall not be
withheld unless the director has determined that such
payments would place the savings bank in an unsafe and unsound condition. [1994 c 92 § 317; 1982 c 5 § 2.]
32.08.120 Guaranty fund—Replenishment—
Dividends. (1) If at the close of any dividend period the
guaranty fund of a savings bank is less than ten percent of
the amount due to depositors, there shall be deducted from
its net earnings and credited to its guaranty fund not less
than five percent of its net earnings for such period.
(2) The balance of its net earnings for such dividend
period, plus any earnings from prior accounting periods not
previously disbursed and not reserved for losses or other
contingencies or required to be maintained in the guaranty
fund, shall be available for dividends.
While the trustees of such savings bank are paying its
expenses or any portion thereof, the amounts to be credited
to its guaranty fund shall be computed at the same percentage upon the total dividends credited to its depositors instead
of upon its net earnings. If the guaranty fund accumulated
from earnings equals or exceeds ten percent of the amount
due to depositors, the minimum dividend shall be four
percent, if the net earnings for such period are sufficient
therefor. [1955 c 13 § 32.08.120. Prior: 1941 c 15 § 4;
1929 c 123 § 3; 1927 c 184 § 6; 1915 c 175 § 24; Rem.
Supp. 1941 § 3353.]
32.08.130 Reimbursement fund. When the portion
of the guaranty fund created from earnings amounts to not
less than five thousand dollars (including in the case of a
savings bank converted from a building and loan or savings
and loan association or society the amount of the initial
guaranty fund), the board of trustees, with the written
consent of the director, may establish a reimbursement fund
from which to repay contributors to the expense fund and the
initial guaranty fund (excepting the initial guaranty fund in
the case of a bank converted from a building and loan or
savings and loan association or society), and may transfer to
the reimbursement fund any unexpended balance of contributions to the expense fund. At the close of each dividend
period the trustees may place to the credit of the reimbursement fund not more than one percent of the net earnings of
the bank during that period. Payments from the reimbursement fund may be made from time to time in such amounts
as the board of trustees shall determine, and shall be made
first to the contributors to the expense fund in proportion to
their contributions thereto until they shall have been repaid
in full, and then shall be made to the contributors to the
guaranty fund in proportion to their contributions thereto
until they shall have been repaid in full. In case of the
[Title 32 RCW—page 9]
32.08.130
Title 32 RCW: Mutual Savings Banks
liquidation of the savings bank before the contributions to
the expense fund and the initial guaranty fund have been
fully repaid as above contemplated, any portion of the contributions not needed for the payment of the expenses of
liquidation and the payment of depositors in full shall be
paid to the contributors to the expense fund in proportion to
their contributions thereto until they have been repaid in full,
and then shall be paid to the contributors to the guaranty
fund in proportion to their contributions thereto until they
have been repaid in full. [1994 c 92 § 318; 1955 c 13 §
32.08.130. Prior: 1945 c 135 § 1; 1927 c 178 § 1; 1915 c
175 § 9; Rem. Supp. 1945 § 3321.]
32.08.140 Powers of bank. Every mutual savings
bank incorporated under this title shall have, subject to the
restrictions and limitations contained in this title, the following powers:
(1) To receive deposits of money, to invest the same in
the property and securities prescribed in this title, to declare
dividends in the manner prescribed in this title, and to
exercise by its board of trustees or duly authorized officers
or agents, subject to law, all such incidental powers as shall
be necessary to carry on the business of a savings bank.
(2) To issue transferable certificates showing the
amounts contributed by any incorporator or trustee to the
guaranty fund of such bank, or for the purpose of paying its
expenses. Every such certificate shall show that it does not
constitute a liability of the savings bank, except as otherwise
provided in this title.
(3) To purchase, hold and convey real property as
prescribed in RCW 32.20.280.
(4) To pay depositors as hereinafter provided, and when
requested, pay them by drafts upon deposits to the credit of
the savings bank in any city in the United States, and to
charge current rates of exchange for such drafts.
(5) To borrow money in pursuance of a resolution
adopted by a vote of a majority of its board of trustees duly
entered upon its minutes whereon shall be recorded by ayes
and noes the vote of each trustee, for the purpose of repaying depositors, and to pledge or hypothecate securities as
collateral for loans so obtained. Immediate written notice
shall be given to the director of all amounts so borrowed,
and of all assets so pledged or hypothecated.
(6) Subject to such regulations and restrictions as the director finds to be necessary and proper, to borrow money in
pursuance of a resolution, policy, or other governing document adopted by its board of trustees, for purposes other
than that of repaying depositors and to pledge or hypothecate
its assets as collateral for any such loans, provided that no
amount shall at any time be borrowed by a savings bank
pursuant to this subsection (6), if such amount, together with
the amount then remaining unpaid upon prior borrowings by
such savings bank pursuant to this subsection (6), exceeds
thirty percent of the assets of the savings bank.
The sale of securities or loans by a bank subject to an
agreement to repurchase the securities or loans shall not be
considered a borrowing. Borrowings from federal, state, or
municipal governments or agencies or instrumentalities
thereof shall not be subject to the limits of this subsection.
(7) To collect or protest promissory notes or bills of exchange owned by such bank or held by it as collateral, and
[Title 32 RCW—page 10]
remit the proceeds of the collections by drafts upon deposits
to the credit of the savings bank in any city in the United
States, and to charge the usual rates or fees for such collection and remittance for such protest.
(8) To sell gold or silver received in payment of interest
or principal of obligations owned by the savings bank or
from depositors in the ordinary course of business.
(9) To act as insurance agent for the purpose of writing
fire insurance on property in which the bank has an insurable
interest, the property to be located in the city in which the
bank is situated and in the immediate contiguous suburbs,
notwithstanding anything in any other statute to the contrary.
(10) To let vaults, safes, boxes or other receptacles for
the safekeeping or storage of personal property, subject to
laws and regulations applicable to, and with the powers
possessed by, safe deposit companies.
(11) To elect or appoint in such manner as it may
determine all necessary or proper officers, agents, boards,
and committees, to fix their compensation, subject to the
provisions of this title, and to define their powers and duties,
and to remove them at will.
(12) To make and amend bylaws consistent with law for
the management of its property and the conduct of its
business.
(13) To wind up and liquidate its business in accordance
with this title.
(14) To adopt and use a common seal and to alter the
same at pleasure.
(15) To exercise any other power or authority permissible under applicable state or federal law exercised by other
savings banks or by savings and loan associations with
branches in Washington to the same extent as those savings
institutions if, in the opinion of the director, the exercise of
these powers and authorities by the other savings institutions
affects the operations of savings banks in Washington or
affects the delivery of financial services in Washington.
(16) To exercise the powers and authorities conferred by
RCW 30.04.215.
(17) To exercise the powers and authorities that may be
carried on by a subsidiary of the mutual savings bank that
has been determined to be a prudent investment pursuant to
RCW 32.20.380.
(18) To do all other acts authorized by this title.
(19) To exercise the powers and authorities that may be
exercised by an insured state bank in compliance with 12
U.S.C. Sec. 1831a. [1999 c 14 § 17; 1996 c 2 § 23; 1994
c 92 § 319; 1981 c 86 § 2; 1977 ex.s. c 104 § 1; 1963 c 176
§ 2; 1957 c 80 § 2; 1955 c 13 § 32.08.140. Prior: 1927 c
184 § 1; 1925 ex.s. c 86 § 1; 1915 c 175 § 10; RRS §
3322.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Severability—1981 c 86: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1981 c 86 § 17.]
32.08.142 Additional powers—Powers of federal
mutual savings bank. Notwithstanding any restrictions,
limitations, and requirements of law, in addition to all
powers, express or implied, that a mutual savings bank has
under the laws of this state, a mutual savings bank shall
(2002 Ed.)
Organization and Powers
32.08.142
have the powers and authorities that a federal mutual savings
bank had on July 28, 1985, or a subsequent date not later
than July 25, 1999. As used in this section, "powers and
authorities" include without limitation powers and authorities
in corporate governance matters.
The restrictions, limitations, and requirements applicable
to specific powers or authorities of federal mutual savings
banks shall apply to mutual savings banks exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to exercising the powers or authorities granted mutual
savings banks solely under this section. [1999 c 14 § 18;
1996 c 2 § 24; 1994 c 256 § 98; 1985 c 56 § 3; 1981 c 86
§ 10.]
ited or limited by the laws of this state or by any rule or
order of the director applicable to the mutual savings bank.
However, the director may waive any limitation in writing
with respect to powers and authorities that the director
determines do not threaten the safety or soundness of the
mutual savings bank. [1996 c 2 § 26.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1981 c 86: See note following RCW 32.08.140.
Severability—1981 c 86: See note following RCW 32.08.140.
32.08.145 Safe deposit companies. See chapter 22.28
RCW.
32.08.146 Powers and authorities granted to federal
mutual savings banks. A mutual savings bank may
exercise the powers and authorities granted, after July 25,
1999, to federal mutual savings banks or their successors
under federal law, only if the director finds that the exercise
of such powers and authorities:
(1) Serves the convenience and advantage of depositors
and borrowers; and
(2) Maintains the fairness of competition and parity
between state-chartered savings banks and federal savings
banks or their successors under federal law.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate
governance matters.
The restrictions, limitations, and requirements applicable
to specific powers or authorities of federal mutual savings
banks or their successors under federal law shall apply to
mutual savings banks exercising those powers or authorities
permitted under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the
powers or authorities granted mutual savings banks solely
under this section. [1999 c 14 § 19; 1996 c 2 § 25; 1994 c
256 § 99.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.08.148 Operation of branch outside Washington—Powers and authorities. In addition to all powers and
authorities, express or implied, that a mutual savings bank
has under the laws of this state, a mutual savings bank chartered under this title may exercise any powers and authorities
at any branch outside Washington that are permissible for a
savings bank operating in the jurisdiction where that branch
is located, or for a bank, savings association, or similar
financial institution operating in the jurisdiction if the laws
of the jurisdiction do not provide for the operation of savings
banks in the jurisdiction, except to the extent that the
exercise of these powers and authorities is expressly prohib(2002 Ed.)
Severability—1996 c 2: See RCW 30.38.900.
32.08.150 Certificates of deposit. A mutual savings
bank may issue savings certificates of deposit in such form
and upon such terms as the bank may determine. [1981 c 86
§ 3; 1979 c 51 § 1; 1975 c 15 § 1; 1969 c 55 § 1; 1959 c 41
§ 1; 1959 c 14 § 1; 1957 c 80 § 3; 1955 c 13 § 32.08.150.
Prior: 1915 c 175 § 13; RRS § 3342.]
32.08.160 Writing of fire insurance restricted.
When a savings bank is itself acting as an insurance agent,
a trustee, officer, or employee of the bank shall not act as an
insurance agent to write fire insurance on property in which
the bank has an insurable interest, and no part of a room
used by a savings bank in the transaction of its business
shall be occupied or used by any person other than the bank
in the writing of fire insurance. [1955 c 13 § 32.08.160.
Prior: 1925 ex.s. c 86 § 7; RRS § 3342a.]
32.08.170 Effect of failure to organize or commence
business. See RCW 30.08.070.
32.08.180
30.08.080.
Extension of existence. See RCW
32.08.190 May borrow from home loan bank. See
RCW 30.32.030.
32.08.210 Power to act as trustee—Authorized
trusts—Limitations—Application to act as trustee, fee—
Approval or refusal of application—Right of appeal—Use
of word "trust". A mutual savings bank shall have the
power to act as trustee under:
(1) A trust established by an inter vivos trust agreement
or under the will of a deceased person.
(2) A trust established in connection with any collective
bargaining agreement or labor negotiation wherein the
beneficiaries of the trust include the employees concerned
under the agreement or negotiation, or a trust established in
connection with any pension, profit sharing, or retirement
benefit plan of any corporation, partnership, association, or
individual, including but not limited to retirement plans
established pursuant to the provisions of the act of congress
entitled "Self-Employed Individuals Tax Retirement Act of
1962", as now constituted or hereafter amended, or plans
established pursuant to the provisions of the act of congress
entitled "Employee Retirement Income Security Act of
1974", as now constituted or hereafter amended.
A mutual savings bank may be appointed to and accept
the appointment of personal representative of the last will
and testament, or administrator with will annexed, of the
estate of any deceased person and to be appointed and to act
[Title 32 RCW—page 11]
32.08.210
Title 32 RCW: Mutual Savings Banks
as guardian of the estate of minors and incompetent and
disabled persons.
The restrictions, limitations and requirements in Title 30
RCW shall apply to a mutual savings bank exercising the
powers granted under this section insofar as the restrictions,
limitations, and requirements relate to exercising the powers
granted under this section. The incidental trust powers to act
as agent in the management of trust property and the transaction of trust business in Title 30 RCW shall apply to a
mutual savings bank exercising the powers granted under
this section insofar as the incidental powers relate to exercising the powers granted under this section.
Before engaging in trust business, a mutual savings bank
shall apply to the director on such form as he or she shall
determine and pay the same fee as required for a state bank
to engage in trust business. In considering such application
the director shall ascertain from the best source of information at his or her command and by such investigation as he
or she may deem necessary whether the management and
personnel of the mutual savings bank are such as to command confidence and warrant belief that the trust business
will be adequately and efficiently conducted in accordance
with law, whether the resources in the neighborhood of such
place and in the surrounding country afford a reasonable
promise of adequate support for the proposed trust business
and whether the resources of the mutual savings bank are
sufficient to support the conduct of such trust business, and
that the mutual savings bank has and maintains, in addition
to its guaranty fund, undivided profits against which the
depositors have no prior claim in an amount not less than
would be required of a state bank or trust company, which
undivided profits shall be eligible for investment in the same
manner as the guaranty fund of a mutual savings bank.
Within sixty days after receipt of such application, the
director shall either approve or refuse the same and forthwith
return to the mutual savings bank a copy of the application
upon which his or her decision has been endorsed. The
director shall not be required to approve or refuse an
application until thirty days after any appropriate approval
has been obtained from a federal regulatory agency. The
applicant shall have the right to appeal from an unfavorable
determination in accordance with the procedures of the
administrative procedure act, chapter 34.05 RCW, as now or
hereafter amended. A mutual savings bank shall not use the
word "trust" in its name, but may use the word "trust" in its
business or advertising. [1994 c 92 § 320; 1975 1st ex.s. c
265 § 1; 1969 c 55 § 12.]
32.08.215 Power to act as trustee for common trust
funds under multiple trust agreements—Conditions. No
mutual savings bank or wholly owned subsidiary thereof
shall act as trustee for common trust funds established for
the benefit of more than one beneficiary under more than
one trust agreement, unless the savings bank or subsidiary
trust company shall first give written notice to the director,
at least sixty days prior to the creation of any such fund.
[1994 c 92 § 321; 1985 c 56 § 4.]
32.08.220 Findings—Purpose. The legislature finds
that [the] state of Washington needs investment of funds
from out of state and from investors in the state of Washing[Title 32 RCW—page 12]
ton to keep money for real estate and other forms of financing reasonably available for the needs of Washington
citizens. Many innovations have taken place in the last
several years to aid in the sale of loans or portions thereof
to others including the sale of mortgage passthrough certificates, mortgage backed bonds, participation sales with
varying rates, terms or priorities to various participants and
the like. As the marketing of such investments continues,
further innovations can be expected. It will benefit the state
if mutual savings banks subject to the laws of this state have
the broadest powers possible commensurate with their safety
and soundness to take part in such activities. It is the
purpose of RCW 32.08.225 and 32.08.230 to grant a broad
power. [1981 c 86 § 11.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.08.225 Sale, purchase, etc., of interest rate
exchange agreements, loans, or interests therein. Any
mutual savings bank may through any device sell, purchase,
exchange, issue evidence of a sale or exchange of, or in any
manner deal in any form of sale or exchange of interest rate
exchange agreements, loans, or any interest therein including
but not being limited to mortgage passthrough issues,
mortgage backed bond issues, and loan participations and
may purchase a subordinated portion thereof, issue letters of
credit to insure against losses on a portion thereof, agree to
repurchase all or a portion thereof, guarantee all or a portion
of the payments thereof, and without any implied limitation
by the foregoing or otherwise, do any and all things necessary or convenient to take part in or effectuate any such
sales or exchanges by a mutual savings bank itself or by a
subsidiary thereof. [1985 c 56 § 5; 1981 c 86 § 12.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.08.230 Restrictions and requirements by director. Any mutual savings bank engaging in any activity
contemplated in RCW 32.08.225, whereby it holds or
purchases subordinated securities, issues letters of credit to
secure a portion of any sale or issue of loans sold or
exchanged, or in any manner acts as a partial guarantor or
insurer or repurchaser of any loans sold or exchanged, shall
do so only in accordance with such reasonable restrictions
and requirements as the director shall require and shall report
and carry such transactions on its books and records in such
manner as the director shall require. In establishing any
requirements and restrictions hereunder, the director shall
consider the effect the transaction and the reporting thereof
will have on the safety and soundness of the mutual savings
bank engaging in it. [1994 c 92 § 322; 1981 c 86 § 13.]
Severability—1981 c 86: See note following RCW 32.08.140.
Chapter 32.12
DEPOSITS—EARNINGS—DIVIDENDS—INTEREST
Sections
32.12.010
32.12.020
32.12.025
Deposits by individuals governed by chapter 30.22 RCW—
Other deposits which a savings bank may establish—
Limitations.
Repayment of deposits and dividends.
Withdrawals by savings bank’s drafts in accordance with
depositor’s instructions authorized.
(2002 Ed.)
Deposits—Earnings—Dividends—Interest
32.12.050
32.12.070
32.12.080
32.12.090
32.12.120
Accounting—Entry of assets, real estate, securities, etc.
Computation of earnings.
Misleading advertisement of surplus or guaranty fund.
Interest—Rate—Notice of changed rate.
Adverse claim to a deposit to be accompanied by court
order or bond—Exceptions.
Depositaries
city: Chapter 35.38 RCW.
county: Chapter 36.48 RCW.
of state funds: Chapter 43.85 RCW.
Receiving deposits after insolvency prohibited: State Constitution Art. 12
§ 12; RCW 9.24.030.
Uniform unclaimed property act: Chapter 63.29 RCW.
32.12.010 Deposits by individuals governed by
chapter 30.22 RCW—Other deposits which a savings
bank may establish—Limitations. Deposits made by
individuals in a mutual savings bank under this chapter are
governed by chapter 30.22 RCW. In addition, other deposits
which a savings bank may establish include but are not limited to the following:
(1) Deposits in the name of, or on behalf of, a partnership or other form of multiple ownership enterprise.
(2) Deposits in the name of a corporation, society, or
unincorporated association.
(3) Deposits maintained by a person, society, or corporation as administrator, executor, guardian, or trustee under
a will or trust agreement.
Every such bank may limit the aggregate amount which
an individual or any corporation or society may have to his
or her or its credit to such sum as such bank may deem
expedient to receive; and may in its discretion refuse to
receive a deposit, or may at any time return all or any part
of any deposits or require the withdrawal of any dividends
or interest. Any account in excess of one hundred thousand
dollars may only be accepted or held in accordance with
such regulations as the director may establish. [1994 c 92
§ 323; 1981 c 192 § 27; 1967 c 145 § 1; 1961 c 80 § 1;
1959 c 41 § 2; 1957 c 80 § 4; 1955 c 13 § 32.12.010. Prior:
1953 c 238 § 1; 1949 c 119 § 4; 1941 c 15 § 2; 1929 c 123
§ 1; 1927 c 184 § 5; 1921 c 156 § 2; 1919 c 200 § 2; 1915
c 175 § 17; Rem. Supp. 1949 § 3346.]
Effective date—1981 c 192: See RCW 30.22.900.
32.12.020 Repayment of deposits and dividends.
The sums deposited with any savings bank, together with
any dividends or interest credited thereto, shall be repaid to
the depositors thereof respectively, or to their legal representatives, after demand in such manner, and at such times, and
under such regulations, as the board of trustees shall prescribe, subject to the provisions of this section and chapter
30.22 RCW. These regulations shall be available to depositors upon request, and shall be posted in a conspicuous place
in the principal office and each branch in this state or, if the
regulations are not so posted, a description of changes in the
regulations after an account is opened shall be mailed to
depositors pursuant to 12 U.S.C. Sec. 4305(c) or otherwise.
All such rules and regulations, and all amendments thereto,
from time to time in effect, shall be binding upon all
depositors.
(1) Such bank may at any time by a resolution of its
board of trustees require a notice of not more than six
months before repaying deposits, in which event no deposit
(2002 Ed.)
Chapter 32.12
shall be due or payable until the required notice of intention
to withdraw the same shall have been personally given by
the depositor: PROVIDED, That such bank at its option
may pay any deposit or deposits before the expiration of
such notice. But no bank shall agree with its depositors or
any of them in advance to waive the requirement of notice
as herein provided: PROVIDED, That the bank may create
a special class of depositors who shall be entitled to receive
their deposits upon demand.
(2) The savings bank may pay dividend or interest, or
repay a deposit or portion thereof, upon receipt of information in written, oral, visual, electronic, or other form satisfactory to such bank, that the recipient is entitled to receipt, and
may pay any check drawn upon it by a depositor. [1999 c
14 § 20; 1996 c 2 § 27; 1994 c 92 § 324; 1985 c 56 § 6;
1983 c 3 § 53; 1981 c 192 § 28; 1974 ex.s. c 117 § 40;
1969 c 55 § 2; 1967 c 145 § 2; 1963 c 176 § 3; 1961 c 80
§ 2; 1959 c 41 § 3; 1955 c 13 § 32.12.020. Prior: 1945 c
228 § 6; 1921 c 156 § 3; 1915 c 175 § 18; Rem. Supp. 1945
§ 3347.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Effective date—1981 c 192: See RCW 30.22.900.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
32.12.025 Withdrawals by savings bank’s drafts in
accordance with depositor’s instructions authorized.
Subject to the provisions of RCW 32.12.020(1), a savings
bank may, on instructions from a depositor, effect withdrawals from a savings account by the savings bank’s drafts
payable to parties and on terms as so instructed; to the extent
of the subjection of accounts to such withdrawal instruction,
such accounts may be specifically classified under RCW
32.12.090(2) and ineligible to receive interest or eligible only
for limited interest. [1967 c 145 § 3.]
32.12.050 Accounting—Entry of assets, real estate,
securities, etc. (1) No savings bank shall by any system of
accounting, or any device of bookkeeping, directly or
indirectly, enter any of its assets upon its books in the name
of any other individual, partnership, unincorporated association, or corporation, or under any title or designation that is
not in accordance with the actual facts.
(2) The bonds, notes, mortgages, or other interest
bearing obligations purchased or acquired by a savings bank,
shall not be entered on its books at more than the actual cost
thereof, and shall not thereafter be carried upon its books for
a longer period than until the next declaration of dividends,
or in any event for more than one year, at a valuation exceeding their present cost as determined by amortization, that
is, by deducting from the cost of any such security purchased for a sum in excess of the amount payable thereon at
maturity and charging to "profit and loss" a sufficient sum
to bring it to par at maturity, or adding to the cost of any
such security purchased at less than the amount payable
thereon at maturity and crediting to "profit and loss" a
sufficient sum to bring it to par at maturity.
(3) No such bank shall enter, or at any time carry on its
books, the real estate and the building or buildings thereon
[Title 32 RCW—page 13]
32.12.050
Title 32 RCW: Mutual Savings Banks
used by it as its place of business at a valuation exceeding
their actual cost to the bank.
(4) Every such bank shall conform its methods of
keeping its books and records to such orders in respect
thereof as shall have been made and promulgated by the
director. Any officer, agent, or employee of any savings
bank who refuses or neglects to obey any such order shall be
punished as hereinafter provided.
(5) Real estate acquired by a savings bank, other than
that acquired for use as a place of business, may be entered
on the books of the bank at the actual cost thereof but shall
not be carried beyond the current dividend period at an
amount in excess of the amount of the debt in protection of
which such real estate was acquired, plus the cost of any improvements thereto.
An appraisal shall be made by a qualified person of
every such parcel of real estate within six months from the
date of conveyance. If the value at which such real estate is
carried on the books is in excess of the value found on
appraisal the book value shall, at the end of the dividend
period during which such appraisal was made, be reduced to
an amount not in excess of such appraised value.
(6) No such bank shall enter or carry on its books any
asset which has been disallowed by the director or the
trustees of such bank, unless the director upon application by
such savings bank has fixed a valuation at which such asset
may be carried as permitted in subsection (7) of this section.
(7) Notwithstanding the provisions of this section, no
savings bank may maintain its books and records or enter
and carry on its books any asset or liability at any valuation
contrary to any accounting rules promulgated or adopted by
the federal deposit insurance corporation or the director or
contrary to generally accepted accounting principles. [1994
c 256 § 100; 1994 c 92 § 325; 1985 c 56 § 7; 1983 c 44 §
1; 1955 c 13 § 32.12.050. Prior: 1941 c 15 § 1; 1915 c 175
§ 16; Rem. Supp. 1941 § 3345.]
Reviser’s note: This section was amended by 1994 c 92 § 325 and
by 1994 c 256 § 100, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.12.070 Computation of earnings. (1) Gross
current operating earnings. Every savings bank shall close
its books, for the purpose of computing its net earnings, at
the end of any period for which a dividend is to be paid, and
in no event less frequently than semiannually. To determine
the amount of gross earnings of a savings bank during any
dividend period the following items may be included:
(a) All earnings actually received during such period,
less interest accrued and uncollected included in the last
previous calculation of earnings;
(b) Interest accrued and uncollected upon debts owing
to it secured by authorized collateral, upon which there has
been no default for more than one year, and upon corporate
bonds, or other interest bearing obligations owned by it upon
which there is no default;
(c) The sums added to the cost of securities purchased
for less than par as a result of amortization;
(d) Any profits actually received during such period
from the sale of securities, real estate or other property
owned by it;
[Title 32 RCW—page 14]
(e) Such other items as the director, in his or her
discretion and upon his or her written consent, may permit
to be included.
(2) Net current earnings. To determine the amount of
its net earnings for each dividend period the following items
shall be deducted from gross earnings:
(a) All expenses paid or incurred, both ordinary and
extraordinary, in the transaction of its business, the collection
of its debts and the management of its affairs, less expenses
incurred and interest accrued upon its debts deducted at the
last previous calculation of net earnings for dividend
purposes;
(b) Interest paid or accrued and unpaid upon debts
owing by it;
(c) The amounts deducted through amortization from the
cost of bonds or other interest bearing obligations purchased
above par in order to bring them to par at maturity;
(d) Contributions to any corporation or any community
chest fund or foundation organized and operated exclusively
for religious, charitable, scientific, literary or educational
purposes, no part of the net earnings of which inures to the
benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation. The
total contributions for any calendar year shall not exceed a
sum equal to one-half of one percent of the net earnings of
such savings bank for the preceding calendar year.
The balance thus obtained shall constitute the net
earnings of the savings bank for such period.
(3) Earnings paid by a savings bank on deposits may be
referred to as "dividends" or as "interest". [1994 c 92 § 327;
1955 c 80 § 3; 1955 c 13 § 32.12.070. Prior: 1953 c 238
§ 2; 1941 c 15 § 3; 1915 c 175 § 23; Rem. Supp. 1941 §
3352.]
32.12.080 Misleading advertisement of surplus or
guaranty fund. No savings bank shall put forth any sign or
notice or publish or circulate any advertisement or advertising literature upon which or in which it is stated that such
savings bank has a surplus or guaranty fund other than as
determined in the manner prescribed by law. [1955 c 13 §
32.12.080. Prior: 1929 c 123 § 5; 1915 c 175 § 27; RRS
§ 3356.]
32.12.090 Interest—Rate—Notice of changed rate.
(1) Every savings bank shall regulate the rate of interest
upon the amounts to the credit of depositors therewith, in
such manner that depositors shall receive as nearly as may
be all the earnings of the bank after transferring the amount
required by RCW 32.08.120 and such further amounts as its
trustees may deem it expedient and for the security of the
depositors to transfer to the guaranty fund, which to the
amount of ten percent of the amount due its depositors the
trustees shall gradually accumulate and hold. Such trustees
may also deduct from its net earnings, and carry as reserves
for losses, or other contingencies, or as undivided profits,
such additional sums as they may deem wise.
(2) Every savings bank may classify its depositors
according to the local market, character, amount, regularity,
or duration of their dealings with the savings bank, and may
regulate the interest in such manner that each depositor shall
(2002 Ed.)
Deposits—Earnings—Dividends—Interest
receive the same ratable portion of interest as all others of
his or her class.
(3) Unimpaired contributions to the initial guaranty fund
and to the expense fund, made by the incorporators or
trustees of a savings bank, shall be entitled to have dividends
apportioned thereon, which may be credited and paid to such
incorporators or trustees.
Whenever the guaranty fund of any savings bank is
sufficiently large to permit the return of such contributions,
the contributors may receive interest thereon not theretofore
credited or paid at the same rate paid to depositors.
(4) A savings bank may pay interest on deposits at such
rates as its board or a committee or officer designated by the
board shall from time to time determine.
(5) The trustees of any savings banks, other than a stock
savings bank, whose undivided profits and guaranty fund,
determined in the manner prescribed in RCW 32.12.070,
amount to more than twenty-five percent of the amount due
its depositors, shall at least once in three years divide equitably the accumulation beyond such twenty-five percent as an
extra dividend to depositors in excess of the regular dividend
authorized.
(6) A notice posted conspicuously in a savings bank of
a change in the rate of interest shall be equivalent to a
personal notice. [1999 c 14 § 21; 1994 c 256 § 101; 1983
c 44 § 2; 1977 ex.s. c 104 § 2; 1969 c 55 § 3; 1961 c 80 §
3; 1957 c 80 § 5; 1955 c 13 § 32.12.090. Prior: 1953 c 238
§ 3; 1921 c 156 § 4; 1919 c 200 § 3; 1915 c 175 § 25; RRS
§ 3354.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.12.120 Adverse claim to a deposit to be accompanied by court order or bond—Exceptions. Notice to
any mutual savings bank doing business in this state of an
adverse claim to a deposit standing on its books to the credit
of any person shall not be effectual to cause said bank to
recognize said adverse claimant unless said adverse claimant
shall also either procure a restraining order, injunction or
other appropriate process against said bank from a court of
competent jurisdiction in a cause therein instituted by him
wherein the person to whose credit the deposit stands is
made a party and served with summons or shall execute to
said bank, in form and with sureties acceptable to it, a bond,
in an amount which is double either the amount of said
deposit or said adverse claim, whichever is the lesser,
indemnifying said bank from any and all liability, loss,
damage, costs and expenses, for and on account of the
payment of such adverse claim or the dishonor of the check
or other order of the person to whose credit the deposit
stands on the books of said bank: PROVIDED, That this
law shall not apply in any instance where the person to
whose credit the deposit stands is a fiduciary for such
adverse claimant, and the facts constituting such relationship
as also the facts showing reasonable cause of belief on the
part of said claimant that the said fiduciary is about to
misappropriate said deposit, are made to appear by the affidavit of such claimant.
This section shall not apply to accounts subject to
chapter 30.22 RCW. [1981 c 192 § 31; 1963 c 176 § 13.
Cf. 1961 c 280 § 4; RCW 30.20.090.]
(2002 Ed.)
32.12.090
Effective date—1981 c 192: See RCW 30.22.900.
Chapter 32.16
OFFICERS AND EMPLOYEES
Sections
32.16.010
32.16.012
32.16.020
32.16.030
32.16.040
32.16.050
32.16.060
32.16.070
32.16.080
32.16.090
32.16.093
32.16.095
32.16.097
32.16.100
32.16.110
32.16.120
32.16.130
32.16.140
Board of trustees—Number—Qualifications.
Age requirements.
Oath of trustees—Declaration of incumbency—Not applicable to directors of stock savings banks.
Vacancies, when to be filled.
Quorum—Meetings.
Compensation of trustees.
Change in number of trustees.
Restrictions on trustees.
Removal of trustees—Vacancies—Eligibility to reelection.
Removal of trustee, officer, or employee or prohibition from
participation in conduct of affairs on objection of the
director—Grounds—Notice.
Notice of intention to remove or prohibit participation in
conduct of affairs—Hearing—Order of removal and/or
prohibition.
Removal of trustees—Lack of quorum—Temporary trustees.
Penalty for violation of order issued under RCW 32.16.093.
Examination by trustees’ committee—Report.
Officers.
Fidelity bonds.
Conversion of savings and loan association to mutual savings bank—Director may serve as trustee.
Violations—Director liability.
32.16.010
Board of trustees—Number—
Qualifications. (1) There shall be a board of trustees who
shall have the entire management and control of the affairs
of the savings bank. The persons named in the certificate of
authorization shall be the first trustees. The board shall
consist of not less than nine nor more than thirty members.
(2) A person shall not be a trustee of a savings bank, if
he
(a) Is not a resident of a state of the United States;
(b) Has been adjudicated a bankrupt or has taken the
benefit of any insolvency law, or has made a general
assignment for the benefit of creditors;
(c) Has suffered a judgment recovered against him for
a sum of money to remain unsatisfied of record or unsecured
on appeal for a period of more than three months;
(d) Is a trustee, officer, clerk, or other employee of any
other savings bank.
(3) Nor shall a person be a trustee of a savings bank
solely by reason of his holding public office. [1985 c 56 §
8; 1955 c 13 § 32.16.010. Prior: 1915 c 175 § 28; RRS §
3357.]
32.16.012 Age requirements. The bylaws of a
savings bank may prescribe a maximum age beyond which
no person shall be eligible for election to the board of trustees and may prescribe a mandatory retirement age of
seventy-five years or less for trustees subject to the following limitations:
(1) No person shall be eligible for initial election as a
trustee after December 31, 1969, who is seventy years of age
or more; and
(2) No person shall continue to serve as a trustee after
December 31, 1973, who is seventy-five years of age or
more and the office of any such trustee shall become vacant
[Title 32 RCW—page 15]
32.16.012
Title 32 RCW: Mutual Savings Banks
on the last day of the month in which the trustee reaches his
seventy-fifth birthday or December 31, 1973, whichever is
the latest.
If a savings bank does not adopt a bylaw prescribing a
mandatory retirement age for trustees prior to January 1,
1970, or does not maintain thereafter a bylaw prescribing a
mandatory retirement age, the office of a trustee of such
savings bank shall become vacant on the last day of the
month in which such trustee reaches his seventieth birthday
or on December 31, 1969, whichever is the latest. [1969 c
55 § 14.]
32.16.020 Oath of trustees—Declaration of incumbency—Not applicable to directors of stock savings
banks. (1) Each trustee, whether named in the certificate of
authorization or elected to fill a vacancy, shall, when such
certificate of authorization has been issued, or when notified
of such election, take an oath that he or she will, so far as it
devolves on him or her, diligently and honestly administer
the affairs of the savings bank, and will not knowingly
violate, or willingly permit to be violated, any of the
provisions of law applicable to such savings bank. Such
oath shall be subscribed by the trustee making it and
certified by the officer before whom it is taken, and shall be
immediately transmitted to the director and filed and
preserved in his or her office.
(2) Prior to the first day of March in each year, every
trustee of every savings bank shall subscribe a declaration to
the effect that he or she is, at the date thereof, a trustee of
the savings bank, and that he or she has not resigned,
become ineligible, or in any other manner vacated his or her
office as such trustee. Such declaration shall be acknowledged in like manner as a deed to be entitled to record and
shall be transmitted to the director and filed in his or her
office prior to the tenth day of March in each year.
(3) This section does not apply to the directors of stock
savings banks. [1994 c 256 § 102; 1994 c 92 § 328; 1955
c 13 § 32.16.020. Prior: 1915 c 175 § 29; RRS § 3358.]
Reviser’s note: This section was amended by 1994 c 92 § 328 and
by 1994 c 256 § 102, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.030 Vacancies, when to be filled. A vacancy
in the board of trustees shall be filled by the board as soon
as practicable, at a regular meeting thereof. [1955 c 13 §
32.16.030. Prior: 1915 c 175 § 36; RRS § 3365.]
32.16.040 Quorum—Meetings. A quorum at any
regular or special or adjourned meeting of the board of
trustees shall consist of not less than five of whom the chief
executive officer shall be one, except when he or she is
prevented from attending by sickness or other unavoidable
detention, when he or she may be represented in forming a
quorum by such other officer as the board may designate;
but less than a quorum shall have power to adjourn from
time to time until the next regular meeting. However, a
savings bank may adopt procedures which provide that, in
the event of a national emergency, any trustee may act on
behalf of the board to continue the operations of the savings
[Title 32 RCW—page 16]
bank. For purposes of this subsection, a national emergency
is an emergency declared by the president of the United
States or the person performing the president’s functions, or
a war, or natural disaster.
Regular meetings of the board of trustees shall be held
as established from time to time by the board, not less than
six times during each year. [1999 c 14 § 22; 1985 c 56 § 9;
1969 c 55 § 4; 1955 c 13 § 32.16.040. Prior: 1915 c 175
§ 31; RRS § 3360.]
Severability—1999 c 14: See RCW 32.35.900.
32.16.050 Compensation of trustees. (1) A trustee
of a savings bank shall not directly or indirectly receive any
pay or emolument for services as trustee, except as provided
in this section.
(2) A trustee may receive, by affirmative vote of a
majority of all the trustees, reasonable compensation for (a)
attendance at meetings of the board of trustees; (b) service
as an officer of the savings bank, provided his or her duties
as officer require and receive his or her regular and faithful
attendance at the savings bank; (c) service in appraising real
property for the savings bank; and (d) service as a member
of a committee of the board of trustees: PROVIDED, That
a trustee receiving compensation for service as an officer
pursuant to (b) shall not receive any additional compensation
for service under (a), (c), or (d).
(3) An attorney for a savings bank, although he or she
is a trustee thereof, may receive a reasonable compensation
for his or her professional services, including examinations
and certificates of title to real property on which mortgage
loans are made by the savings bank; or if the bank requires
the borrowers to pay all expenses of searches, examinations,
and certificates of title, including the drawing, perfecting,
and recording of papers, such attorney may collect of the
borrower and retain for his or her own use the usual fees for
such services, excepting any commissions as broker or on
account of placing or accepting such mortgage loans.
(4) All incentive compensation, bonus, or supplemental
compensation plans for officers and employees of a savings
bank shall be approved by a majority of nonofficer trustees
of the savings bank or approved by a committee of not less
than three trustees, none of whom shall be officers of the
savings bank. No such plan shall permit any officer or
employee of a savings bank who has or exercises final
authority with regard to any loan or investment to receive
any commission on such loan or investment.
(5) If an officer or attorney of a savings bank receives,
on any loan made by the bank, any commission which he or
she is not authorized by this section to retain for his or her
own use, he or she shall immediately pay the same over to
the savings bank. [1999 c 14 § 23; 1985 c 56 § 10; 1957 c
80 § 6; 1955 c 13 § 32.16.050. Prior: 1915 c 175 § 32;
RRS § 3361.]
Severability—1999 c 14: See RCW 32.35.900.
32.16.060 Change in number of trustees. The board
of trustees of every savings bank may, by resolution incorporated in its bylaws, increase or reduce the number of trustees
named in the original charter or certificate of authorization.
(1) The number may be increased to a number designated in the resolution not exceeding thirty: PROVIDED, That
(2002 Ed.)
Officers and Employees
reasons therefor are shown to the satisfaction of the director
and his or her written consent thereto is first obtained.
(2) The number may be reduced to a number designated
in the resolution but not less than nine. The reduction shall
be effected by omissions to fill vacancies occurring in the
board. [1994 c 92 § 329; 1955 c 13 § 32.16.060. Prior:
1915 c 175 § 33; RRS § 3362.]
32.16.070 Restrictions on trustees. (1) A trustee of
a savings bank shall not, except to the extent permitted for
a director of a federal mutual savings bank:
(a) Have any interest, direct or indirect, in the gains or
profits of the savings bank, except to receive dividends (i)
upon the amounts contributed by him or her to the guaranty
fund and the expense fund of the savings bank as provided
in RCW 32.08.090 and 32.08.100, and (ii) upon any deposit
he or she may have in the bank, the same as any other
depositor and under the same regulations and conditions.
(b) Become a member of the board of directors of a
bank, trust company, or national banking association of
which board enough other trustees of the savings bank are
members to constitute with him a majority of the board of
trustees.
(2) Neither a trustee nor an officer of a savings bank
shall, except to the extent permitted for a director or officer
of a federal mutual savings bank:
(a) For himself or herself or as agent or partner of
another, directly or indirectly use any of the funds or
deposits held by the savings bank, except to make such
current and necessary payments as are authorized by the
board of trustees.
(b) Receive directly or indirectly and retain for his or
her own use any commission on or benefit from any loan
made by the savings bank, or any pay or emolument for
services rendered to any borrower from the savings bank in
connection with such loan, except as authorized by RCW
32.16.050.
(c) Become an indorser, surety, or guarantor, or in any
manner an obligor, for any loan made by the savings bank.
(d) For himself or herself or as agent or partner of
another, directly or indirectly borrow any of the funds or
deposits held by the savings bank, or become the owner of
real property upon which the savings bank holds a mortgage.
A loan to or a purchase by a corporation in which he or she
is a stockholder to the amount of fifteen percent of the total
outstanding stock, or in which he or she and other trustees
of the savings bank hold stock to the amount of twenty-five
percent of the total outstanding stock, shall be deemed a loan
to or a purchase by such trustee within the meaning of this
section, except when the loan to or purchase by such
corporation occurred without his or her knowledge or against
his or her protest. A deposit in a bank shall not be deemed
a loan within the meaning of this section. [1994 c 256 §
103; 1955 c 13 § 32.16.070. Prior: 1925 ex.s. c 86 § 12;
1915 c 175 § 34; RRS § 3363.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.080 Removal of trustees—Vacancies—
Eligibility to reelection. (1) Whenever, in the judgment of
three-fourths of the trustees, the conduct and habits of a
trustee of any savings bank are of such character as to be
(2002 Ed.)
32.16.060
injurious to such bank, or he or she has been guilty of acts
that are detrimental or hostile to the interests of the bank, he
or she may be removed from office, at any regular meeting
of the trustees, by the affirmative vote of three-fourths of the
total number thereof: PROVIDED, That a written copy of
the charges made against him or her has been served upon
him or her personally at least two weeks before such
meeting, that the vote of such trustees by ayes and noes is
entered in the record of the minutes of such meeting, and
that such removal receives the written approval of the
director which shall be attached to the minutes of such
meeting and form a part of the record.
(2) The office of a trustee of a savings bank shall
immediately become vacant whenever he or she:
(a) Fails to comply with any of the provisions of RCW
32.16.020 relating to his or her official oath and declaration;
(b) Becomes disqualified for any of the reasons specified in RCW 32.16.010(2);
(c) Has failed to attend the regular meetings of the
board of trustees, or to perform any of his or her duties as
trustee, for a period of six successive months, unless excused
by the board for such failure;
(d) Violates any of the provisions of RCW 32.16.070
imposing restrictions upon trustees and officers, except
subsection (2)(c) thereof.
(3) A trustee who has forfeited or vacated his or her
office shall not be eligible to reelection, except when the
forfeiture or vacancy occurred solely by reason of his or her:
(a) Failure to comply with the provisions of RCW
32.16.020, relating to his or her official oath and declaration;
or
(b) Neglect of his or her official duties as prescribed in
subsection (2)(c) of this section; or
(c) Disqualification through becoming a nonresident, or
becoming a trustee, officer, clerk or other employee of
another savings bank, or becoming a director of a bank, trust
company, or national banking association under the circumstances specified in RCW 32.16.070(1)(b) and such disqualification has been removed. [1994 c 92 § 330; 1955 c 13 §
32.16.080. Prior: 1915 c 175 § 35; RRS § 3364.]
32.16.090 Removal of trustee, officer, or employee
or prohibition from participation in conduct of affairs on
objection of the director—Grounds—Notice. Whenever
the director finds that:
(1) Any trustee, officer, or employee of any mutual
savings bank has committed or engaged in:
(a) A violation of any law, rule, or cease and desist
order which has become final;
(b) Any unsafe or unsound practice in connection with
the mutual savings bank; or
(c) Any act, omission, or practice which constitutes a
breach of his or her fiduciary duty as trustee, officer, or
employee; and
(2) The director determines that:
(a) The mutual savings bank has suffered or may suffer
substantial financial loss or other damage; or
(b) The interests of its depositors could be seriously
prejudiced by reason of the violation, practice, or breach of
fiduciary duty; and
[Title 32 RCW—page 17]
32.16.090
Title 32 RCW: Mutual Savings Banks
(3) The director determines that the violation, practice,
or breach of fiduciary duty is one involving personal
dishonesty, recklessness, or incompetence on the part of the
trustee, officer, or employee;
Then the director may serve upon the trustee, officer, or
employee of any mutual savings bank a written notice of the
director’s intention to remove the person from office or to
prohibit the person from participation in the conduct of the
affairs of the mutual savings bank. [1994 c 92 § 331; 1979
c 46 § 7; 1955 c 13 § 32.16.090. Prior: 1931 c 132 § 2;
RRS § 3364a.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.16.093 Notice of intention to remove or prohibit
participation in conduct of affairs—Hearing—Order of
removal and/or prohibition. A notice of an intention to
remove a trustee, officer, or employee from office or to prohibit his or her participation in the conduct of the affairs of
a mutual savings bank shall contain a statement of the facts
which constitute grounds therefor and shall fix a time and
place at which a hearing will be held. The hearing shall be
set not earlier than ten days nor later than thirty days after
the date of service of the notice unless an earlier or later
date is set by the director at the request of the trustee,
officer, or employee for good cause shown or at the request
of the attorney general of the state.
Unless the trustee, officer, or employee appears at the
hearing personally or by a duly authorized representative, the
person shall be deemed to have consented to the issuance of
an order of removal or prohibition or both. In the event of
such consent or if upon the record made at the hearing the
director finds that any of the grounds specified in the notice
have been established, the director may issue such orders of
removal from office or prohibition from participation in the
conduct of the affairs of the mutual savings bank as the
director may consider appropriate.
Any order under this section shall become effective at
the expiration of ten days after service upon the mutual
savings bank and the trustee, officer, or employee concerned
except that an order issued upon consent shall become
effective at the time specified in the order.
An order shall remain effective except to the extent it is
stayed, modified, terminated, or set aside by the director or
a reviewing court. [1994 c 92 § 332; 1979 c 46 § 8.]
Severability—1979 c 46: See note following RCW 32.04.250.
Administrative hearings, procedure, orders, and judicial review: RCW
32.04.290.
Jurisdiction of courts as to orders to remove trustee, officer, or employee:
RCW 32.04.300.
Violations or unsafe practices, procedure, etc.: RCW 32.04.250 through
32.04.300.
32.16.095 Removal of trustees—Lack of quorum—
Temporary trustees. If at any time because of the removal
of one or more trustees under this chapter there shall be on
the board of trustees of a mutual savings bank less than a
quorum of trustees, all powers and functions vested in, or
exercisable by the board shall vest in, and be exercisable by
the trustee or trustees remaining, until such time as there is
a quorum on the board of trustees. If all of the trustees of
a mutual savings bank are removed under this chapter, the
[Title 32 RCW—page 18]
director shall appoint persons to serve temporarily as trustees
until such time as their respective successors take office.
[1994 c 92 § 333; 1979 c 46 § 9.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.16.097 Penalty for violation of order issued
under RCW 32.16.093. Any present or former trustee,
officer, or employee of a mutual savings bank or any other
person against whom there is outstanding an effective final
order issued under RCW 32.16.093, which order has been
served upon the person, and who, in violation of the order,
(1) participates in any manner in the conduct of the affairs
of the mutual savings bank involved; or (2) directly or indirectly solicits or procures, transfers or attempts to transfer,
or votes or attempts to vote any proxies, consents, or
authorizations with respect to any voting rights in the mutual
savings bank; or (3) without the prior approval of the
director, votes for a trustee or serves or acts as a trustee,
officer, employee, or agent of any mutual savings bank, shall
be guilty of a gross misdemeanor, and, upon conviction,
shall be punishable as prescribed under chapter 9A.20 RCW.
[1994 c 92 § 334; 1979 c 46 § 10.]
Severability—1979 c 46: See note following RCW 32.04.250.
32.16.100 Examination by trustees’ committee—
Report. The trustees of every savings bank, by a committee
of not less than three of their number, shall at least annually
fully examine the records and affairs of such savings bank
for the purpose of determining its financial condition. The
trustees may employ such assistants as they deem necessary
in making the examination. A report of each such examination shall be presented to the board of trustees at a regular
meeting within thirty days after the completion of the same,
and shall be filed in the records of the savings bank. [1994
c 256 § 104; 1955 c 13 § 32.16.100. Prior: 1941 c 15 § 5;
1915 c 175 § 38; Rem. Supp. 1941 § 3367.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.110 Officers. The board of trustees shall elect
from their number, or otherwise, a president and two vice
presidents and such other officers as they may deem fit.
[1955 c 13 § 32.16.110. Prior: 1915 c 175 § 30; RRS §
3359.]
32.16.120 Fidelity bonds. The trustees of every
savings bank shall have power to require from the officers,
clerks, and agents thereof such security for their fidelity and
the faithful performance of their duties as the trustees deem
necessary. Such security may be accepted from any company authorized to furnish fidelity bonds and doing business
under the laws of this state, and the premiums therefor may
be paid as a necessary expense of the savings bank. [1955
c 13 § 32.16.120. Prior: 1915 c 175 § 37; RRS § 3366.]
32.16.130 Conversion of savings and loan association to mutual savings bank—Director may serve as
trustee. In the event a savings and loan association is
converted to a mutual savings bank, any person, who at the
time of such conversion was a director of the savings and
loan association, may serve as a trustee of the mutual
(2002 Ed.)
Officers and Employees
savings bank until he reaches the age of seventy-five years
or until one year following the date of conversion of such
savings and loan association, whichever is later. The bylaws
of any mutual savings bank may modify this provision by
requiring earlier retirement of any trustee affected hereby.
[1971 ex.s. c 222 § 2.]
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.16.140 Violations—Director liability. If the directors of any bank shall knowingly violate, or knowingly
permit any of the officers, agents, or servants of the bank to
violate any of the provisions of this title or any lawful
regulation or directive of the director, and if the directors are
aware that such facts and circumstances constitute such
violations, then each director who participated in or assented
to the violation is personally and individually liable for all
damages which the state or any insurer of the deposits
sustains due to the violation. [1994 c 92 § 335; 1989 c 180
§ 9.]
Chapter 32.20
INVESTMENTS
Sections
32.20.010
32.20.020
32.20.030
32.20.035
32.20.040
32.20.045
32.20.047
32.20.050
32.20.060
32.20.070
32.20.080
32.20.090
32.20.100
32.20.110
32.20.120
32.20.130
32.20.210
32.20.215
32.20.217
32.20.219
32.20.220
32.20.230
32.20.240
32.20.253
32.20.265
32.20.280
32.20.285
32.20.300
32.20.310
32.20.320
32.20.330
32.20.335
32.20.340
(2002 Ed.)
Definitions.
Power to invest funds—Restrictions.
Bonds or obligations of United States and Canada.
Investment trusts or companies.
Federally insured or secured loans, securities, etc.
Obligations of corporations created as federal agency or
instrumentality.
Stock of small business investment companies regulated by
United States.
Bonds of state of Washington and its agencies.
Bonds of other states.
Bonds and warrants of counties, municipalities, etc., of
Washington.
Municipal bonds in adjoining state.
Housing and industrial development bonds and municipal
obligations in any state.
Revenue bonds of certain cities in any state.
District bonds secured by taxing power.
Local improvement district bonds.
Bonds of irrigation, diking, drainage districts.
Obligations of International Bank for Reconstruction and
Development.
Obligations issued or guaranteed by Inter-American Development Bank.
Obligations of Asian Development Bank.
Obligations issued or guaranteed by African Development
Bank or other multilateral development bank.
Bankers’ acceptances, bills of exchange, and commercial
paper.
Notes secured by investments.
Notes secured by pledge or assignment of account.
Loans secured by real estate, mobile homes, movable buildings.
Valuation of property to be mortgaged—Appraiser’s opinion.
Investments in real estate.
Investments through purchase of real estate—Improvements.
Home loan bank as depositary.
Deposit of securities.
Investment of funds.
Investments—Loans, preferred stock, or interest-bearing
obligations—Restrictions.
Investments—Qualified thrift investments.
Stock or bonds of federal home loan bank.
32.16.130
32.20.350
Stock of federal reserve bank or Federal Deposit Insurance
Corporation.
32.20.360 Investment in safe deposit corporation authorized.
32.20.361 Capital stock of banking service corporations.
32.20.370 Corporate bonds and other interest-bearing or discounted
obligations.
32.20.380 Stocks, securities, of corporations not otherwise eligible for
investment.
32.20.390 Obligations of corporations or associations federally authorized to insure or market real estate mortgages—Loans,
etc., eligible for insurance.
32.20.400 Loans for home or property repairs, alterations, appliances,
improvements, additions, furnishings, underground utilities, education or nonbusiness family purposes.
32.20.410 Limitation of total investment in certain obligations.
32.20.415 Limitation on certain secured and unsecured loans.
32.20.430 Loans to banks or trust companies.
32.20.440 Purchase of United States securities from banks or trust
companies.
32.20.445 Stock, other securities, and obligations of federally insured
institutions.
32.20.450 Low-cost housing—Legislative finding.
32.20.460 Low-cost housing—Factory built housing—Mobile homes.
32.20.470 Improvement of private land for public parks and recreation
areas.
32.20.480 Loans or investments to provide adequate housing and environmental improvements—Criteria—Restrictions.
32.20.500 Construction—1973 1st ex.s. c 31.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
32.20.010 Definitions. The words "mutual savings
bank" and "savings bank," whenever used in this chapter,
shall mean a mutual savings bank organized and existing
under the laws of the state of Washington.
The words "its funds," whenever used in this chapter,
shall mean and include moneys deposited with or borrowed
by a mutual savings bank, sums credited to the guaranty
fund of a mutual savings bank, and the income derived from
such deposits or fund, or both, and the principal balance of
any outstanding capital notes, and capital debentures. [1999
c 14 § 24; 1977 ex.s. c 241 § 2; 1955 c 13 § 32.20.010.
Prior: 1929 c 74 § 1; RRS § 3381-1.]
Severability—1999 c 14: See RCW 32.35.900.
32.20.020 Power to invest funds—Restrictions. A
mutual savings bank shall have the power to invest its funds
in the manner set forth in chapter 32.08 RCW and in this
chapter and not otherwise. [1999 c 14 § 25; 1955 c 13 §
32.20.020. Prior: 1929 c 74 § 2; RRS § 3381-2.]
Severability—1999 c 14: See RCW 32.35.900.
32.20.030 Bonds or obligations of United States and
Canada. A mutual savings bank may invest its funds in the
bonds or obligations of the United States or the Dominion of
Canada or those for which the faith of the United States or
the Dominion of Canada is pledged to provide for the
payment of the interest and principal, including bonds of the
District of Columbia: PROVIDED, That in the case of
bonds of the Dominion or those for which its faith is
pledged the interest and principal is payable in the United
States or with exchange to a city in the United States and in
lawful money of the United States or its equivalent. [1955
c 13 § 32.20.030. Prior: 1937 c 95 § 1; 1929 c 74 § 3;
1925 ex.s. c 86 § 2; 1921 c 156 §§ 11, 11a; RRS § 3381-3.]
[Title 32 RCW—page 19]
32.20.035
Title 32 RCW: Mutual Savings Banks
32.20.035 Investment trusts or companies. Except
as may be limited by the director by rule, a mutual savings
bank may invest its funds in obligations of the United States,
as authorized by RCW 32.20.030, either directly or in the
form of securities of, or other interests in, an open-end or
closed-end management type investment company or
investment trust registered under the federal investment
company act of 1940, as now or hereafter amended, if both
of the following conditions are met:
(1) The portfolio of the investment company or investment trust is limited to obligations of the United States and
to repurchase agreements fully collateralized by such
obligations; and
(2) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian. [1994 c 92 §
336; 1989 c 97 § 2.]
32.20.040 Federally insured or secured loans,
securities, etc. A mutual savings bank may invest its funds:
(1) In such loans and advances of credit and purchases
of obligations representing loans and advances of credit as
are eligible for insurance by the Federal Housing Administrator, and may obtain such insurance.
(2) In such loans secured by mortgage on real property
as the Federal Housing Administrator insures or makes a
commitment to insure, and may obtain such insurance.
(3) In such other loans or contracts or advances of credit
as are insured or guaranteed or which are covered by a
repurchase agreement in whole or in part by the United
States or through any corporation, administrator, agency or
instrumentality which is or hereafter may be created by the
United States, and may obtain such insurance or guarantee.
(4) In capital stock, notes, bonds, debentures, or other
such obligations of any national mortgage association.
(5) In such loans as are secured by contracts of the
United States or any agency or department thereof assigned
under the "Assignment of Claims Act of 1940," approved
October 9, 1940, and acts amendatory thereof or supplementary thereto, and may participate with others in such loans.
(6) In notes or bonds secured by mortgages issued under
sections 500 to 505, inclusive, of Title III of the
Servicemen’s Readjustment Act of 1944 (Public Law 346,
78th congress), and any amendments thereto, and the
regulations, orders or rulings promulgated thereunder.
No law of this state prescribing the nature, amount, or
form of security or requiring security or prescribing or
limiting interest rates or prescribing or limiting the term,
shall be deemed to apply to loans, contracts, advances of
credit or purchases made pursuant to the foregoing subdivisions (1), (2), (3), (4), (5), and (6). [1963 c 176 § 5; 1955
c 13 § 32.20.040. Prior: 1945 c 228 § 1; 1941 c 15 § 6;
1939 c 33 § 1; 1935 c 10 § 1; 1929 c 74 § 3a; Rem. Supp.
1945 § 3381-3a.]
32.20.045 Obligations of corporations created as
federal agency or instrumentality. A mutual savings bank
may invest its funds in capital stock, notes, bonds, debentures, or other such obligations of any corporation which is
or hereafter may be created by the United States as a governmental agency or instrumentality: PROVIDED, That the
[Title 32 RCW—page 20]
total amount a mutual savings bank may invest pursuant to
this section shall not exceed fifteen percent of the funds of
such savings bank: PROVIDED FURTHER, That the
amounts heretofore or hereafter invested by a mutual savings
bank pursuant to any law of this state other than this section,
even if such investment might also be authorized under this
section, shall not be limited by the provisions of this section
and amounts so invested pursuant to any such other law of
this state shall not be included in computing the maximum
amount which may be invested pursuant to this section.
[1967 c 145 § 4; 1957 c 80 § 10.]
32.20.047 Stock of small business investment
companies regulated by United States. A savings bank
may purchase and hold for its own investment account stock
in small business investment companies licensed and
regulated by the United States, as authorized by the Small
Business Act, Public Law 85-536, 72 Statutes at Large 384,
in an amount not to exceed one percent of the guaranty fund
of such mutual savings bank. [1959 c 185 § 2.]
32.20.050 Bonds of state of Washington and its
agencies. A mutual savings bank may invest its funds in the
bonds or interest bearing obligations of this state, or any
agency thereof, issued pursuant to the authority of any law
of this state, whether such bonds or interest bearing obligations are general or limited obligations of the state or such
agency. [1955 c 13 § 32.20.050. Prior: 1953 c 238 § 4;
1929 c 74 § 9; 1921 c 156 § 11b; RRS § 3381-4.]
32.20.060 Bonds of other states. A mutual savings
bank may invest its funds in the bonds or obligations of any
other state of the United States upon which there is no
default. [1955 c 13 § 32.20.060. Prior: 1937 c 95 § 2;
1929 c 74 § 5; 1921 c 156 § 11c; RRS § 3381-5.]
32.20.070 Bonds and warrants of counties, municipalities, etc., of Washington. A mutual savings bank may
invest its funds in the valid warrants or bonds of any county,
city, town, school district, port district, water-sewer district,
or other municipal corporation in the state of Washington
issued pursuant to law and for the payment of which the
faith and credit of such county, municipality, or district is
pledged and taxes are leviable upon all taxable property
within its limits.
A mutual savings bank may invest its funds in the water
revenue, sewer revenue, or electric revenue bonds of any city
or public utility district of this state for the payment of
which the entire revenue of the city’s or district’s water
system, sewer system, or electric system, less maintenance
and operating costs, is irrevocably pledged. [1999 c 153 §
26; 1955 c 13 § 32.20.070. Prior: 1941 c 15 § 7; 1937 c 95
§ 3; 1929 c 74 § 6; 1925 ex.s. c 86 § 3; 1921 c 156 § 11d;
Rem. Supp. 1941 § 3381-6.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
32.20.080 Municipal bonds in adjoining state. A
mutual savings bank may invest its funds in the valid bonds
of any incorporated city having a population in excess of
three thousand inhabitants as shown by the last decennial
(2002 Ed.)
Investments
federal census or of any county or school district situated in
one of the states of the United States which adjoins the state
of Washington: PROVIDED, That the indebtedness of such
city or school district, together with the indebtedness of any
other district or other municipal corporation or subdivision
(except a county) which is wholly or in part included within
the boundaries or limits of the city or school district, less its
water debt and sinking fund, does not exceed twelve percent,
or the indebtedness of the county less its sinking fund does
not exceed seven percent, of the valuation thereof for the
purposes of taxation. [1955 c 13 § 32.20.080. Prior: 1937
c 95 § 4; 1929 c 74 § 7; 1925 ex.s. c 86 § 4; 1921 c 156 §
11e; RRS § 3381-7.]
32.20.090 Housing and industrial development
bonds and municipal obligations in any state. A mutual
savings bank may invest in housing or industrial development bonds or municipal obligations issued by a state,
county, parish, borough, city, or district situated in the
United States, or by any instrumentality thereof, provided
such bonds or obligations at the time of purchase are prudent
investments. [1985 c 56 § 11; 1955 c 13 § 32.20.090.
Prior: 1937 c 95 § 5; 1929 c 74 § 8; 1921 c 156 § 11f;
RRS § 3381-8.]
32.20.100 Revenue bonds of certain cities in any
state. A mutual savings bank may invest its funds in the
water revenue or electric revenue bonds of any incorporated
city situated in the United States: PROVIDED, That the city
has a population as shown by the last decennial federal
census of at least forty-five thousand inhabitants, and the
entire revenue of the city’s water or electric system less
maintenance and operating costs is irrevocably pledged to
the payment of the interest and principal of the bonds.
[1955 c 13 § 32.20.100. Prior: 1941 c 15 § 8; 1937 c 95 §
6; Rem. Supp. 1941 § 3381-8a.]
32.20.110 District bonds secured by taxing power.
A mutual savings bank may invest its funds in the bonds of
any port district, sanitary district, water-sewer district, tunnel
district, bridge district, flood control district, park district, or
highway district in the United States which has a population
as shown by the last decennial federal census of not less
than one hundred fifty thousand inhabitants, and has taxable
real property with an assessed valuation in excess of two
hundred million dollars and has power to levy taxes on the
taxable real property therein for the payment of the bonds
without limitation of rate or amount. [1999 c 153 § 27;
1955 c 13 § 32.20.110. Prior: 1937 c 95 § 7; RRS § 33818b.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
32.20.120 Local improvement district bonds. A
mutual savings bank may invest not to exceed fifteen percent
of its funds in the bonds or warrants of any local improvement district of any city or town of this state (except bonds
or warrants issued for an improvement consisting of grading
only), unless the total indebtedness of the district after the
completion of the improvement for which the bonds or
warrants are issued, plus the amount of all other assessments
(2002 Ed.)
32.20.080
of a local or special nature against the land assessed or liable
to be assessed to pay the bonds, exceed fifty percent of the
value of the benefited property, exclusive of improvements,
at the time the bonds or warrants are purchased or taken by
the bank, according to the actual valuation last placed upon
the property for general taxation.
Before any such bonds or warrants are purchased or
taken as security the condition of the district’s affairs shall
be ascertained and the property of the district examined by
at least two members of the board of investment who shall
report in writing their findings and recommendations; and no
bonds or warrants shall be taken unless such report is
favorable, nor unless the executive committee of the board
of trustees after careful investigation is satisfied of the
validity of the bonds or warrants and of the validity and
sufficiency of the assessment or other means provided for
payment thereof: PROVIDED, That, excepting bonds issued
by local improvement districts in cities of the first or second
class, for improvements ordered after June 7, 1927, no local
improvement district bonds falling within the twenty-five
percent in amount of any issue last callable for payment,
shall be acquired or taken as security. [1955 c 13 §
32.20.120. Prior: 1953 c 238 § 5; 1929 c 74 § 9; 1921 c
156 § 11h; RRS § 3381-9.]
32.20.130 Bonds of irrigation, diking, drainage
districts. A mutual savings bank may invest not to exceed
five percent of its funds in the bonds of any irrigation,
diking, drainage, diking improvement, or drainage improvement district of this state, unless the total indebtedness of the
district after the completion of the improvement for which
the bonds are issued, plus the amount of all other assessments of a local or special nature against the land assessed
or liable to be assessed to pay the bonds, exceeds forty
percent of the value of the benefited property, exclusive of
improvements, at the time the bonds are purchased or taken
by the bank, according to the actual valuation last placed
upon the property for general taxation.
Before any such bonds are purchased or taken as
security the condition of the district’s affairs shall be
ascertained and the property of the district examined by at
least two members of the board of investment of the mutual
savings bank, who shall report in writing their findings and
recommendations; and no bonds shall be taken unless such
report is favorable, nor unless the executive committee of the
board of trustees after careful investigation is satisfied of the
validity of the bonds and of the sufficiency of the assessment
or other means provided for payment thereof: PROVIDED,
That no mutual savings bank shall invest a sum greater than
three percent of its funds, or, in any event, more than three
hundred thousand dollars, in the bonds of any one district
described in this section. [1955 c 13 § 32.20.130. Prior:
1929 c 74 § 10; 1921 c 156 § 11h; RRS § 3381-10.]
32.20.210 Obligations of International Bank for
Reconstruction and Development. A mutual savings bank
may invest not to exceed five percent of its funds in interest
bearing obligations of the International Bank for Reconstruction and Development. [1955 c 13 § 32.20.210. Prior:
1949 c 119 § 3; Rem. Supp. 1949 § 3381-16b.]
[Title 32 RCW—page 21]
32.20.215
Title 32 RCW: Mutual Savings Banks
32.20.215 Obligations issued or guaranteed by
Inter-American Development Bank. A mutual savings
bank may invest not to exceed five percent of its funds in
obligations issued or guaranteed by the Inter-American
Development Bank. [1963 c 176 § 14.]
32.20.217 Obligations of Asian Development Bank.
A mutual savings bank may invest not to exceed five percent
of its funds in obligations issued or guaranteed by the Asian
Development Bank. [1971 ex.s. c 222 § 7.]
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.20.219 Obligations issued or guaranteed by
African Development Bank or other multilateral development bank. A mutual savings bank may invest not to
exceed five percent of its funds in obligations issued or
guaranteed by the African Development Bank or in obligations issued or guaranteed by any multilateral development
bank in which the United States government formally
participates. [1985 c 301 § 1.]
32.20.220 Bankers’ acceptances, bills of exchange,
and commercial paper. A mutual savings bank may invest
not to exceed twenty percent of its funds in the following:
(1) Bankers’ acceptances, and bills of exchange made
eligible by law for rediscount with federal reserve banks,
provided the same are accepted by a bank or trust company
which is a member of the federal reserve system and which
has a capital and surplus of not less than two million dollars,
or commercial paper which is a prudent investment.
(2) Bills of exchange drawn by the seller on the
purchaser of goods and accepted by such purchaser, of the
kind made eligible by law for rediscount with federal reserve
banks, provided the same are indorsed by a bank or trust
company which is a member of the federal reserve system
and which has a capital and surplus of not less than two
million dollars.
The aggregate amount of the liability of any bank or
trust company to any mutual savings bank, whether as
principal or indorser, for acceptances held by such savings
bank and deposits made with it, shall not exceed twenty-five
percent of the paid up capital and surplus of such bank or
trust company, and not more than five percent of the funds
of any mutual savings bank shall be invested in the acceptances of or deposited with a bank or trust company of
which a trustee of such mutual savings bank is a director.
[1985 c 56 § 12; 1955 c 13 § 32.20.220. Prior: 1929 c 74
§ 17; RRS § 3381-17.]
32.20.230 Notes secured by investments. A mutual
savings bank may invest its funds in promissory notes
payable to the order of the savings bank, secured by the
pledge or assignment of investments lawfully purchasable by
a savings bank. No such loan shall exceed ninety percent of
the cash market value of such investments so pledged.
Should any of the investments so held in pledge depreciate
in value after the making of such loan, the savings bank
shall require an immediate payment of such loan, or of a
part thereof, or additional security therefor, so that the
amount loaned thereon shall at no time exceed ninety percent
of the market value of the investments so pledged for such
[Title 32 RCW—page 22]
loan. [1969 c 55 § 5; 1963 c 176 § 6; 1955 c 13 §
32.20.230. Prior: 1945 c 228 § 2; 1929 c 74 § 18; Rem.
Supp. 1945 § 3381-18.]
Interest and usury in general: Chapter 19.52 RCW.
32.20.240 Notes secured by pledge or assignment of
account. A mutual savings bank may invest its funds in
promissory notes made payable to the order of the savings
bank, secured by the pledge or assignment of the account of
the mutual savings bank as collateral security for the
payment thereof. No such loan shall exceed the balance due
the holder of such account. [1967 c 145 § 5; 1955 c 13 §
32.20.240. Prior: 1945 c 228 § 3; 1929 c 74 § 19; 1921 c
156 § 11m; Rem. Supp. 1945 § 3381-19.]
Interest and usury in general: Chapter 19.52 RCW.
32.20.253 Loans secured by real estate, mobile
homes, movable buildings. A mutual savings bank may
invest its funds in loans secured by real estate or on the
security of mobile homes or other movable buildings or any
interest or estate in any of the foregoing. Such loans may be
on such terms and conditions and subject to such limitations
and restrictions as the board of trustees shall from time to
time establish. [1981 c 86 § 14.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.265 Valuation of property to be mortgaged—
Appraiser’s opinion. When, under any provision of this
title, a written report is required of members of the board of
investment of a mutual savings bank certifying according to
their best judgment the value of any property to be mortgaged such value may be determined upon the signed
opinion in writing of an appraiser appointed by the board of
trustees of such bank. [1957 c 80 § 9.]
32.20.280 Investments in real estate. A mutual
savings bank may invest its funds in real estate as follows:
(1) A tract of land whereon there is or may be erected
a building or buildings suitable for the convenient transaction
of the business of the savings bank, from portions of which
not required for its own use revenue may be derived:
PROVIDED, That the cost of the land and building or
buildings for the transaction of the business of the savings
bank shall in no case exceed fifty percent of the guaranty
fund, undivided profits, reserves, and subordinated securities
of the savings bank, except with the approval of the director;
and before the purchase of such property is made, or the
erection of a building or buildings is commenced, the
estimate of the cost thereof, and the cost of the completion
of the building or buildings, shall be submitted to and
approved by the director. "The cost of the land and building
or buildings" means the amounts paid or expended therefor
less the reasonable depreciation thereof taken by the bank
against such improvements during the time they were held
by the bank.
(2) Such lands as shall be conveyed to the savings bank
in satisfaction of debts previously contracted in the course of
its business.
(3) Such lands as the savings bank shall purchase at
sales under judgments, decrees, or mortgages held by it.
(2002 Ed.)
Investments
All real estate purchased by any such savings bank, or
taken by it in satisfaction of debts due it, under this section,
shall be conveyed to it directly by name, or in the name of
a corporation all of the stock of which is owned by the bank,
or in such other manner as the bank shall determine to be in
the best interest of the bank, and the conveyance shall be
immediately recorded in the office of the proper recording
officer of the county in which such real estate is situated.
(4) Every parcel of real estate purchased or acquired by
a savings bank under subsections (2) and (3) of this section,
shall be sold by it within five years from the date on which
it was purchased or acquired, or in case it was acquired
subject to a right of redemption, within five years from the
date on which the right of redemption expires, unless:
(a) There is a building thereon occupied by the savings
bank and its offices,
(b) The director, on application of the board of trustees
of the savings bank, extends the time within which such sale
shall be made, or
(c) The property is held by the bank as an investment
under the provisions of RCW 32.20.285, as now or hereafter
amended. [1994 c 92 § 337; 1981 c 86 § 4; 1973 1st ex.s.
c 31 § 6; 1969 c 55 § 7; 1955 c 13 § 32.20.280. Prior:
1929 c 74 § 22; 1921 c 156 § 110; 1915 c 175 § 12; RRS
§ 3381-22.]
Severability—1981 c 86: See note following RCW 32.08.140.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.285 Investments through purchase of real
estate—Improvements. A mutual savings bank may invest
its funds in such real estate, improved or unimproved, and its
fixtures and equipment, as the savings bank shall purchase
either alone or with others or through ownership of interests
in entities holding such real estate. The savings bank may
improve property which it owns, and rent, lease, sell, and
otherwise deal in such property, the same as any other owner
thereof. The total amount a mutual savings bank may invest
pursuant to this section shall not exceed twenty percent of its
funds. No officer or trustee of the bank shall own or hold
any interest in any property in which the bank owns an
interest, and in the event the bank owns an interest in
property hereunder with or as a part of another entity, no
officer or trustee of the bank shall own more than two and
one-half percent of the equity or stock of any entity involved, and all of the officers and trustees of the bank shall
not own more than five percent of the equity or stock of any
entity involved. [1981 c 86 § 5; 1969 c 55 § 15.]
32.20.280
[1955 c 13 § 32.20.310. Prior: 1929 c 74 § 24; 1927 c 184
§ 4; RRS § 3381-24.]
32.20.320 Investment of funds. The trustees of every
savings bank shall as soon as practicable invest the moneys
deposited with it in the securities prescribed in this title.
The purchase by a savings bank of a negotiable certificate of deposit or similar security issued by a bank need not
be considered a deposit if the certificate or security is
eligible for investment by a savings bank under any other
provision of this title. [1969 c 55 § 8; 1955 c 13 §
32.20.320. Prior: 1929 c 74 § 25; 1925 ex.s. c 86 § 11;
1915 c 175 § 20; RRS § 3381-25.]
32.20.330 Investments—Loans, preferred stock, or
interest-bearing obligations—Restrictions. A mutual
savings bank may invest in loans to sole proprietorships,
partnerships, limited liability companies, corporations, or
other entities, or in preferred stock or discounted or other
interest bearing obligations issued, guaranteed, or assumed
by limited liability companies or corporations commonly
accepted as industrial corporations or engaged in communications, transportation, agriculture, furnishing utility professional services, manufacturing, construction, mining, fishing,
processing or merchandising of goods, food, or information,
banking, or commercial or consumer financing, doing business or incorporated under the laws of the United States, or
any state thereof, or the District of Columbia, or the Dominion of Canada, or any province thereof, subject to the
following conditions:
(1) Not more than two percent of the bank’s funds shall
be invested, pursuant to this section, in the aggregate of
loans to and preferred stock and obligations of any person,
as defined in RCW 32.32.228(1)(c), and such person’s
affiliates, as defined in RCW 32.32.025(1), incorporating the
definition of control in RCW 32.32.025(8).
(2) Such loans or securities shall be prudent investments.
(3) Pursuant to this section, the total amount a savings
bank may invest shall not exceed fifty percent of its funds,
and not more than fifteen percent of the bank’s funds may
be invested in such loans to or securities of any industry.
[1999 c 14 § 26; 1985 c 56 § 13; 1973 1st ex.s. c 31 § 7;
1971 ex.s. c 222 § 6; 1955 c 80 § 6.]
Severability—1999 c 14: See RCW 32.35.900.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.300 Home loan bank as depositary. See RCW
30.32.040.
32.20.310 Deposit of securities. A savings bank may
deposit securities owned by it, for safekeeping, with any
duly designated depositary for the bank’s funds. The written
statement of the depositary that it holds for safekeeping
specified securities of a savings bank may be taken as
evidence of the facts therein shown by any public officer or
any officer of the bank or committee of its trustees whose
duty it is to examine the affairs and assets of the bank.
(2002 Ed.)
32.20.335 Investments—Qualified thrift investments. A mutual savings bank may invest in loans or
securities that are qualified thrift investments for a savings
association subject to the limits specified in 12 U.S.C. Sec.
1467a(m). [1999 c 14 § 27.]
Severability—1999 c 14: See RCW 32.35.900.
32.20.340 Stock or bonds of federal home loan
bank. See RCW 30.32.020.
32.20.350 Stock of federal reserve bank or Federal
Deposit Insurance Corporation. See RCW 30.32.010.
[Title 32 RCW—page 23]
32.20.360
Title 32 RCW: Mutual Savings Banks
32.20.360 Investment in safe deposit corporation
authorized. See RCW 30.04.122.
32.20.361 Capital stock of banking service corporations. See RCW 30.04.128.
32.20.370 Corporate bonds and other interestbearing or discounted obligations. A mutual savings bank
may invest its funds in bonds or other interest bearing or
discounted obligations of corporations not otherwise eligible
for investment by the savings bank which are prudent
investments for such bank in the opinion of its board of
trustees or of a committee thereof whose action is ratified by
such board at its regular meeting next following such
investment. The total amount a mutual savings bank may
invest pursuant to this section shall not exceed ten percent of
its funds. [1977 ex.s. c 104 § 5; 1967 c 145 § 9; 1959 c 41
§ 6.]
32.20.380 Stocks, securities, of corporations not
otherwise eligible for investment. A mutual savings bank
may invest its funds in stocks or other securities of corporations not otherwise eligible for investment by the savings
bank which are prudent investments for the bank in the
opinion of its board of trustees or of a committee thereof
whose action is ratified by the board at its regular meeting
next following the investment. The total amount a mutual
savings bank may invest pursuant to this section shall not
exceed fifty percent of the total of its guaranty fund,
undivided profits, and unallocated reserves, or five percent
of its deposits, whichever is less. [1981 c 86 § 6; 1963 c
176 § 16.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.390 Obligations of corporations or associations federally authorized to insure or market real estate
mortgages—Loans, etc., eligible for insurance. A mutual
savings bank may invest its funds:
(1) In capital stock, notes, bonds, debentures, participating certificates, and other obligations of any corporation or
association which is or hereafter may be created pursuant to
any law of the United States for the purpose of insuring or
marketing real estate mortgages: PROVIDED, That the
amount a mutual savings bank may invest in the capital
stock of any one such corporation shall not exceed five
percent of the funds of the mutual savings bank and the total
amount it may invest in capital stock pursuant to this
subsection (1) shall not exceed ten percent of the funds of
the mutual savings bank.
(2) In such loans, advances of credit, participating
certificates, and purchases of obligations representing loans
and advances of credit as are eligible for insurance by any
corporation or association which is or hereafter may be
created pursuant to any law of the United States for the
purpose of insuring real estate mortgages. The bank may do
all acts necessary or appropriate to obtain such insurance.
No law of this state prescribing the nature, amount, or form
of security, or prescribing or limiting the period for which
loans or advances of credit may be made shall apply to
loans, advances of credit, or purchases made pursuant to this
subsection (2). [1963 c 176 § 17.]
[Title 32 RCW—page 24]
32.20.400 Loans for home or property repairs,
alterations, appliances, improvements, additions, furnishings, underground utilities, education or nonbusiness
family purposes. A mutual savings bank may invest not to
exceed twenty percent of its funds pursuant to this section in
loans for home or property repairs, alterations, appliances,
improvements, or additions, home furnishings, for installation of underground utilities, for educational purposes, or for
nonbusiness family purposes: PROVIDED, That the
application therefor shall state that the proceeds are to be
used for one of the above purposes. [1999 c 14 § 28; 1981
c 86 § 7; 1977 ex.s. c 104 § 6; 1969 c 55 § 9; 1967 c 145
§ 10; 1963 c 176 § 18.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.410 Limitation of total investment in certain
obligations. The aggregate total amount a mutual savings
bank may invest in the following shall not exceed the sum
of eighty-five percent of its funds and one hundred percent
of its borrowings as permitted under RCW 32.08.140, as
now or hereafter amended and RCW 32.08.190, as now or
hereafter amended:
(1) Mortgages upon real estate and participations
therein;
(2) Contracts for the sale of realty;
(3) Mortgages upon leasehold estates; and
(4) Notes secured by pledges or assignments of first
mortgages or real estate contracts.
The limitation of this section shall not apply to GNMA
certificates, mortgage backed bonds, mortgage passthrough
certificates or other similar securities purchased or held by
the bank. [1981 c 86 § 8; 1977 ex.s. c 104 § 7; 1969 c 55
§ 10; 1963 c 176 § 19.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.415 Limitation on certain secured and
unsecured loans. In addition to all other investments and
loans authorized for mutual savings banks in this state, a
mutual savings bank may invest not more than twenty
percent of its funds in secured or unsecured loans on such
terms and conditions as the bank may determine. [1981 c 86
§ 15.]
Severability—1981 c 86: See note following RCW 32.08.140.
32.20.430 Loans to banks or trust companies. A
mutual savings bank may invest its funds in loans to banks
or trust companies which mature on the next business day
following the day of making such loan. The loans may be
evidenced by any writing or ledger entries deemed adequate
by the mutual savings bank and may be secured or unsecured. The loans made hereunder are payable on the same
basis as are regular deposits in such banks, and therefore the
transactions may be characterized for accounting and
statement purposes and carried on the books of the mutual
savings bank as either a deposit with or a loan to the bank.
[1971 ex.s. c 222 § 3.]
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
(2002 Ed.)
Investments
32.20.440 Purchase of United States securities from
banks or trust companies. A mutual savings bank may
invest its funds in the purchase of United States government
securities from a bank or trust company, subject to the selling bank’s or trust company’s agreement to repurchase such
securities on the business day next following their purchase
by the mutual savings bank. The securities may be purchased at par, or at a premium or discount, as the mutual
savings bank may agree, and may be characterized for
accounting and statement purposes and carried on the books
of the mutual savings bank as such securities to the extent of
their market value, and as due from such banks or trust
companies to the extent that the repurchase price agreed to
be paid exceeds such market value. [1971 ex.s. c 222 § 4.]
Severability—1971 ex.s. c 222: See note following RCW 32.04.085.
32.20.445 Stock, other securities, and obligations of
federally insured institutions. A savings bank may invest
its funds in the stock and other securities and obligations of
a savings or banking institution or holding company thereof
if the deposits of the savings or banking institution are
insured by the federal deposit insurance corporation or any
other federal instrumentalities established to carry on
substantially the same functions as such corporations. [1999
c 14 § 29; 1989 c 180 § 8.]
Severability—1999 c 14: See RCW 32.35.900.
32.20.450 Low-cost housing—Legislative finding.
The legislature finds there is a shortage of adequate housing
in a suitable environment in many parts of this state for
people of modest means, which shortage adversely affects
the public in general and the mutual savings banks of this
state and their depositors. The legislature further finds that
the making of loans or investments to alleviate this problem
which may provide a less than market rate of return and
entail a higher degree of risk than might otherwise be
acceptable, will benefit this state, the banks, and their
depositors. [1973 1st ex.s. c 31 § 1.]
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.460 Low-cost housing—Factory built housing—Mobile homes. In addition to the portions of its funds
permitted to be invested in real estate loans under RCW
32.20.410, a mutual savings bank may invest not to exceed
fifteen percent of its funds in loans and investments as
follows:
(1) Loans for the rehabilitation, remodeling, or expansion of existing housing.
(2) Loans in connection with, or participation in:
(a) Housing programs of any agency of federal, state, or
local government; and
(b) Housing programs of any nonprofit, union, community, public, or quasi-public corporation or entity.
Such housing must be made available to all without
regard to race, creed, sex, color, or national origin.
(3) Loans for purchasing or constructing factory built
housing, including but not limited to mobile homes. The
bank shall determine the amount, security, and repayment
basis which it considers prudent for the loans.
(4) In mobile home chattel paper which finances the
acquisition of inventory by a mobile home dealer if the
(2002 Ed.)
32.20.440
inventory is to be held for sale in the ordinary course of
business by the mobile home dealer, the monetary obligation
evidenced by such chattel paper is the obligation of the
mobile home dealer and the amount thereof does not exceed
the amount allowed to be loaned on such mobile homes
under subsection (3) of this section. [1981 c 86 § 9; 1977
ex.s. c 104 § 9; 1973 1st ex.s. c 31 § 2.]
Severability—1981 c 86: See note following RCW 32.08.140.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.470 Improvement of private land for public
parks and recreation areas. Subject to the limits hereinafter set forth, a mutual savings bank may expend its funds for
the improvement for public use of privately owned land as
parks or recreation areas, including but not limited to "vest
pocket" parks, provided that the owner of such land will:
(1) Permit public use thereof for a period of at least
eighteen months or for such longer period and subject to
such other requirements as the bank may impose; and
(2) At or before the end of public use, permit the
removal of all such improvements which in the bank’s
judgment reasonably may be accomplished.
As used in this section, "public use" means use without
regard to race, creed, sex, color, or national origin. The
amount expended hereunder and under RCW 32.12.070(2)(d)
in any calendar year shall not exceed one-half of one percent
of the net earnings of bank for the preceding year. [1973 1st
ex.s. c 31 § 3.]
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.480 Loans or investments to provide adequate
housing and environmental improvements—Criteria—
Restrictions. Loans or investments made under *this 1973
amendatory act may provide a less than market rate of return
and entail a higher degree of risk than might otherwise be
acceptable to the general market, so long as the board of
trustees of the bank determines the loan or investment may
be beneficial to the community where made, without the
need to show a direct corporate benefit, and so long as any
private individual who benefits is not, and is not related to
any person who is, an officer, employee, or trustee of the
bank. It is hereby recognized that the mutual savings banks
of the state of Washington and their depositors are affected
adversely by the absence of adequate low-cost housing and
environmental developments and improvements within the
communities they serve and the state of Washington.
The amount a mutual savings bank may invest under
*this 1973 amendatory act during any twelve month period
at less than a market rate of return shall not exceed two
percent of the total principal amount of all real estate loans
made by the bank during the preceding twelve months.
[1973 1st ex.s. c 31 § 4.]
*Reviser’s note: "This 1973 amendatory act" consists of the
enactment of RCW 32.20.450, 32.20.460, 32.20.470, 32.20.480, 32.20.490,
and 32.20.500 and the amendments to RCW 32.20.280 and 32.20.330 by
1973 1st ex.s. c 31.
Construction—1973 1st ex.s. c 31: See RCW 32.20.500.
32.20.500 Construction—1973 1st ex.s. c 31. The
powers granted by *this 1973 amendatory act are in addition
to and not in limitation of the powers conferred upon a
[Title 32 RCW—page 25]
32.20.500
Title 32 RCW: Mutual Savings Banks
mutual savings bank by other provisions of law. [1973 1st
ex.s. c 31 § 8.]
*Reviser’s note: For "this 1973 amendatory act," see note following
RCW 32.20.480.
Chapter 32.24
INSOLVENCY AND LIQUIDATION
Sections
32.24.010
32.24.020
32.24.030
32.24.040
32.24.050
32.24.060
32.24.070
32.24.080
32.24.090
32.24.100
Liquidation of solvent bank.
Procedure to liquidate and dissolve.
Transfer of assets and liabilities to another bank.
Unsafe practices—Notice to correct.
Liquidation of bank in unsound condition or insolvent.
Possession by director—Bank may contest.
Receiver prohibited except in emergency.
Transfer of assets when insolvent—Penalty.
Federal deposit insurance corporation as receiver or liquidator—Appointment—Powers and duties.
Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not hindered by judicial
review—Liability.
32.24.010 Liquidation of solvent bank. If the
trustees of any solvent mutual savings bank deem it necessary or expedient to close the business of such bank, they
may, by affirmative vote of not less than two-thirds of the
whole number of trustees, at a meeting called for that
purpose, of which one month’s notice has been given, either
personally or by mailing such notice to the post office
address of each trustee, declare by resolution their determination to close such business and pay the moneys due
depositors and creditors and to surrender the corporate
franchise. Subject to the approval and under the direction of
the director, such savings bank may adopt any lawful plan
for closing up its affairs, as nearly as may be in accordance
with the original plan and objects. [1994 c 92 § 339; 1955
c 13 § 32.24.010. Prior: 1915 c 175 § 45; RRS § 3374.]
32.24.020 Procedure to liquidate and dissolve.
When the trustees, acting under the provisions of RCW
32.24.010, have paid the sums due respectively to all
creditors and depositors, who, after such notice as the
director shall prescribe, claim the money due and their
deposits, the trustees shall make a transcript or statement
from the books in the bank of the names of all depositors
and creditors who have not claimed or have not received the
balance of the credit due them, and of the sums due them,
respectively, and shall file such transcript with the director
and pay over and transfer all such unclaimed and unpaid deposits, credits, and moneys to the director. The trustees shall
then report their proceedings, duly verified, to the superior
court of the county wherein the bank is located, and upon
such report and the petition of the trustees, and after notice
to the attorney general and the director, and such other
notice as the court may deem necessary, the court shall
adjudge the franchise surrendered and the existence of the
corporation terminated. Certified copies of the judgment
shall be filed in the offices of the secretary of state and the
director and shall be recorded in the office of the secretary
of state. [1994 c 92 § 340; 1981 c 302 § 29; 1955 c 13 §
32.24.020. Prior: 1931 c 132 § 4; 1915 c 175 § 46; RRS
§ 3375.]
[Title 32 RCW—page 26]
Severability—1981 c 302: See note following RCW 19.76.100.
32.24.030 Transfer of assets and liabilities to
another bank. An unconverted mutual savings bank may
for the purpose of consolidation, acquisition, pooling of assets, merger, or voluntary liquidation arrange for its assets
and liabilities to become assets and liabilities of another
mutual savings bank, by the affirmative vote or with the
written consent of two-thirds of the whole number of its
trustees, but only with the written consent of the director and
upon such terms and conditions as he or she may prescribe.
Upon any such transfer being made, or upon the
liquidation of any such mutual savings bank for any cause
whatever, or upon its being no longer engaged in the
business of a mutual savings bank, the director shall terminate its certificate of authority, which shall not thereafter be
revived or renewed. When the certificate of authority of any
such corporation has been revoked, it shall forthwith collect
and distribute its remaining assets, and when that is done,
the director shall certify the fact to the secretary of state,
whereupon the corporation shall cease to exist and the
secretary of state shall note the fact upon his or her records.
In case of the consolidation with or voluntary liquidation
of a mutual savings bank by another mutual savings bank, as
herein provided, any sums advanced by its incorporators, or
others, to create or maintain its guaranty fund or its expense
fund shall not be liabilities of such mutual savings bank
unless the mutual savings bank, so assuming its liabilities
shall specifically undertake to pay the same, or a stated
portion thereof. [1994 c 92 § 341; 1985 c 56 § 14; 1955 c
13 § 32.24.030. Prior: 1931 c 132 § 5; RRS § 3375a.]
32.24.040 Unsafe practices—Notice to correct.
Whenever it appears to the director that any mutual savings
bank is conducting its business in an unsafe manner or that
it refuses to submit its books, papers, or concerns to lawful
inspection, or that any trustee or officer thereof refuses to
submit to examination on oath touching its concerns, or that
it has failed to carry out any authorized order or direction of
the director, such director may give notice to the mutual
savings bank so offending or delinquent or whose trustee or
officer is thus offending or delinquent to correct such offense
or delinquency, and if the mutual savings bank fails to
comply with the terms of such notice within thirty days from
the date of its issuance, or within such further time as the
director may allow, then the director may take possession of
such mutual savings bank as in the case of insolvency.
[1994 c 92 § 342; 1955 c 13 § 32.24.040. Prior: 1931 c
132 § 6; RRS § 3375b.]
32.24.050 Liquidation of bank in unsound condition
or insolvent. Whenever it appears to the director that any
offense or delinquency referred to in RCW 32.24.040 renders
a mutual savings bank in an unsound or unsafe condition to
continue its business, or that it has suspended payment of its
obligations, or is insolvent, such director may take possession thereof without notice.
Upon taking possession of any mutual savings bank, the
director shall forthwith proceed to liquidate the business,
affairs, and assets thereof and such liquidation shall be had
in accordance with the provisions of law governing the
(2002 Ed.)
Insolvency and Liquidation
liquidation of insolvent banks and trust companies. [1994 c
92 § 343; 1955 c 13 § 32.24.050. Prior: 1931 c 132 § 7;
RRS § 3375c.]
32.24.060 Possession by director—Bank may
contest. Within ten days after the director takes possession
thereof, a mutual savings bank may serve notice upon such
director to appear before the superior court in the county
wherein such corporation is located, at a time to be fixed by
said court, which shall not be less than five nor more than
fifteen days from the date of the service of such notice, to
show cause why such corporation should not be restored to
the possession of its assets. Upon the return day of such
notice, or such further day as the matter may be continued
to, the court shall summarily hear said cause and shall
dismiss the same, if it finds that possession was taken by the
director in good faith and for cause, but if it finds that no
cause existed for the taking possession of such corporation,
it shall require the director to restore the bank to the possession of its assets and enjoin him or her from further interference therewith without cause. [1994 c 92 § 344; 1955 c 13
§ 32.24.060. Prior: 1931 c 132 § 8; RRS § 3375d.]
32.24.070 Receiver prohibited except in emergency.
No receiver shall be appointed by any court for any mutual
savings bank, nor shall any assignment of any such bank for
the benefit of creditors be valid, excepting only that a court
otherwise having jurisdiction may in case of imminent
necessity appoint a temporary receiver to take possession of
and preserve the assets of the mutual savings bank. Immediately upon any such appointment, the clerk of the court shall
notify the director by telegram and mail of such appointment
and the director shall forthwith take possession of the mutual
savings bank, as in case of insolvency, and the temporary
receiver shall upon demand of the director surrender up to
him or her such possession and all assets which have come
into his or her hands. The director shall in due course pay
such receiver out of the assets of the mutual savings bank
such amount as the court shall allow. [1994 c 92 § 345;
1955 c 13 § 32.24.070. Prior: 1931 c 132 § 9; RRS §
3375e.]
32.24.080 Transfer of assets when insolvent—
Penalty. Every transfer of its property or assets by any
mutual savings bank in this state, made (1) after it has
become insolvent, (2) within ninety days before the date the
director takes possession of such savings bank under RCW
32.24.050 or the federal deposit insurance corporation is
appointed as receiver or liquidator of such savings bank
under RCW 32.24.090, and (3) with the view to the preference of one creditor over another or to prevent equal distribution of its property and assets among its creditors, shall be
void. Every trustee, officer, or employee making any such
transfer shall be guilty of a felony. [1994 c 92 § 346; 1985
c 56 § 15; 1955 c 13 § 32.24.080. Prior: 1931 c 132 § 10;
RRS § 3379a.]
32.24.090 Federal deposit insurance corporation as
receiver or liquidator—Appointment—Powers and duties.
The federal deposit insurance corporation is hereby authorized and empowered to be and act without bond as receiver
(2002 Ed.)
32.24.050
or liquidator of any mutual savings bank the deposits in
which are to any extent insured by that corporation and
which shall have been closed on account of inability to meet
the demands of its depositors. In the event of such closing,
the director may appoint the federal deposit insurance
corporation as receiver or liquidator of such mutual savings
bank. If the corporation accepts such appointment, it shall
have and possess all the powers and privileges provided by
the laws of this state with respect to a liquidator of a mutual
savings bank, its depositors and other creditors, and be
subject to all the duties of such liquidator, except insofar as
such powers, privileges, or duties are in conflict with the
provisions of the federal deposit insurance act, as now or
hereafter amended. [1994 c 92 § 347; 1973 1st ex.s. c 54 §
3.]
32.24.100 Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not
hindered by judicial review—Liability. The pendency of
any proceedings for judicial review of the director’s actions
in taking possession and control of a mutual savings bank
and its assets for the purpose of liquidation shall not operate
to defer, delay, impede, or prevent the payment or acquisition by the federal deposit insurance corporation of the
deposit liabilities of the mutual savings bank which are
insured by the corporation. During the pendency of any
proceedings for judicial review, the director shall make
available to the federal deposit insurance corporation such
facilities in or of the mutual savings bank and such books,
records, and other relevant data of the mutual savings bank
as may be necessary or appropriate to enable the corporation
to pay out or to acquire the insured deposit liabilities of the
mutual savings bank. The federal deposit insurance corporation and its directors, officers, agents, and employees, the
director, and his or her agents and employees shall be free
from liability to the mutual savings bank, its directors,
stockholders, and creditors for or on account of any action
taken in connection herewith. [1994 c 92 § 348; 1973 1st
ex.s. c 54 § 4.]
Chapter 32.28
SATELLITE FACILITIES
(See chapter 30.43 RCW)
Chapter 32.30
CONVERSION OF MUTUAL SAVINGS BANK TO
BUILDING AND LOAN OR SAVINGS AND LOAN
ASSOCIATION
(See chapter 33.46 RCW)
Chapter 32.32
CONVERSION OF MUTUAL SAVINGS BANK TO
CAPITAL STOCK SAVINGS BANK
Sections
32.32.010
32.32.015
Chapter exclusive—Prohibition on conversion without approval—Waiver of requirements.
Forms.
[Title 32 RCW—page 27]
Chapter 32.32
32.32.020
32.32.025
32.32.030
32.32.035
32.32.040
32.32.042
32.32.045
32.32.050
32.32.055
32.32.060
32.32.065
32.32.070
32.32.075
32.32.080
32.32.085
32.32.090
32.32.095
32.32.100
32.32.105
32.32.110
32.32.115
32.32.120
32.32.125
32.32.130
32.32.135
32.32.140
32.32.145
32.32.150
32.32.155
32.32.160
32.32.165
32.32.170
32.32.175
32.32.180
32.32.185
32.32.190
32.32.195
32.32.200
32.32.205
32.32.210
32.32.215
32.32.220
32.32.222
32.32.225
32.32.228
32.32.230
32.32.235
32.32.240
32.32.245
Title 32 RCW: Mutual Savings Banks
Request of noncompliance—Requirements.
Definitions.
Prohibition on approval of certain applications for conversion.
Requirements of plan of conversion.
Issuance of capital stock—Price.
Shares—Certificate not required.
Stock purchase subscription rights—Eligible account holders.
Stock purchase subscription rights received by officers, directors, and their associates—Subordination.
Supplemental share purchase subscription rights—
Supplemental eligible account holder—Conditions.
Sale of shares not sold in subscription offering—Methods—
Conditions.
Limitation on subscription and purchase of shares by person
with associate or group—Amount.
Limitation on purchase of shares by officers, directors, and
their associates—Amount.
Prohibition on purchase of shares by officers, directors, and
their associates—Exception.
Uniform sales price of shares required—Application to
specify arrangements on sale of shares not sold in subscription offering.
Savings account holder to receive withdrawable savings
account(s)—Amount.
Liquidation account—Establishment and maintenance required.
Establishment of eligibility record date required.
Capital stock—Voting rights.
Amendment and termination of plan of conversion.
Restriction on sale of shares of stock by directors and officers.
Conditions on shares of stock subject to restriction on sale.
Registration of securities—Marketing of securities—Listing
of shares on securities exchange or NASDAQ quotation
system.
Reasonable expenses required.
Plan of conversion—Prohibited provisions.
Plan of conversion—Permissible provisions.
Purchase of certain shares of stock by directors, officers, and
employees permitted—Conditions.
Receipt of certain subscription rights by account holders
permitted—Amount—Conditions.
Permissible sales of insignificant residue of shares.
Limitation on number of shares subscribed in subscription
offering permitted.
Minimum purchase requirement in exercise of subscription
rights permitted.
Stock option plan permitted—Reserved shares.
Issuance of securities in lieu of capital stock permitted—
References to capital stock.
Approval of other equitable provisions.
Amount of qualifying deposit of eligible account holder or
supplemental eligible account holder.
Liquidation account—Establishment required—Amount—
Function.
Liquidation account—Maintenance required—Subaccounts.
Liquidation account—Distribution upon complete liquidation.
Liquidation account—Determination of subaccount balances.
Reduction of subaccount balance.
Converted savings bank prohibited from repurchasing its
stock without approval.
Limitation on cash dividends.
Limitation on certain cash dividends within ten years of
conversion.
Dividends on preferred stock.
Prohibitions on offer, sale, or purchase of securities.
Acquisition of control of a converted savings bank.
Nonapproval of conversion unless acquisition of control
within three years by certain companies prohibited.
Plan of conversion—Charter restrictions permitted.
Confidentiality of consideration to convert—Remedial measures for breach.
Public statement authorized.
[Title 32 RCW—page 28]
32.32.250
32.32.255
32.32.260
32.32.265
32.32.270
32.32.275
32.32.280
32.32.285
32.32.290
32.32.295
32.32.300
32.32.305
32.32.310
32.32.315
32.32.320
32.32.325
32.32.330
32.32.335
32.32.340
32.32.345
32.32.350
32.32.355
32.32.360
32.32.365
32.32.370
32.32.375
32.32.380
32.32.385
32.32.390
32.32.395
32.32.400
32.32.405
32.32.410
32.32.415
32.32.420
32.32.425
32.32.430
32.32.435
32.32.440
32.32.445
32.32.450
32.32.455
32.32.460
32.32.465
32.32.470
32.32.475
32.32.480
32.32.485
32.32.490
32.32.495
32.32.497
Adoption of plan of conversion—Notice to and inspection
by account holders—Statement and letter—Press release
authorized.
Statement, letter, and press release—Content permitted.
Statement, letter, and press release—Contents prohibited—
Inquiries.
Notices of filing of application—Requests for subscription
offering circular.
Filing of notice and affidavit of publication required.
Applications available for public inspection—Confidential
information.
Offers and sales of securities—Prohibitions.
Distribution of offering circulars authorized.
Preliminary offering circular for subscription offering—
Estimated subscription price range required.
Review of price information by director.
Underwriting commissions.
Consideration of pricing information by director—
Guidelines.
Submission of information by applicant.
Subscription offering—Distribution of order forms for the
purchase of shares.
Order forms—Final offering circular and detailed instructions.
Subscription price.
Order form—Contents.
Order form—Additional provision authorized—Payment by
withdrawal.
Time period for completion of sale of all shares of capital
stock.
Copies of application for approval to be filed.
Nonacceptance and return of applications.
Continuity of corporate existence.
Form of application.
Representations upon filing of application.
Representations upon filing of application—Exception.
Application to furnish information.
Application—Additional information required.
Omission of certain information permitted—Conditions.
Offering circular—Certain manner of presentation of required information prohibited.
Form and contents of filings.
Conformance required to order prohibiting the use of any
filing.
Application—Certain named persons—Filing of written
consent required.
Offering circular—Certain named persons—Filing of written
consent required.
Date of receipt—Date of filing.
Availability for conferences in advance of filing of application—Refusal of prefiling review.
Appeal from refusal to approve application.
Postconversion reports.
Definitions.
Certain agreement to transfer and transfers of ownership in
rights or securities prohibited.
Certain offers and announcements on securities prohibited.
Certain offers and acquisitions prohibited.
Nonapplicability of RCW 32.32.440 and 32.32.445.
Nonapplicability of RCW 32.32.445 and 32.32.450.
Nonapplicability of RCW 32.32.450.
Approval of certain applications prohibited.
Penalty for violations.
Name of converted savings bank.
Amendments to charter required in application—Articles of
incorporation—Filing of certificate required—
Contents—Issuance and filing of authorization certificate.
Amendments to articles of incorporation.
Directors—Election—Meetings—Quorum—Oath—
Vacancies.
Conversions incident to acquisition by savings bank holding
company or merger or consolidation with savings bank
holding company subsidiary—Application of RCW
32.32.110 and 32.32.115.
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.500
32.32.505
32.32.515
32.32.520
32.32.525
32.32.900
Merger, consolidation, conversion, etc.—Approval—
Concentration limits.
Intent—References in the Revised Code of Washington.
Guaranty fund.
"Funds" defined.
Prohibition on certain securities and purchases—Exception.
Severability—1981 c 85.
32.32.010 Chapter exclusive—Prohibition on
conversion without approval—Waiver of requirements.
This chapter shall exclusively govern the conversion of
mutual savings banks to capital stock savings banks. No
mutual savings bank may convert to the capital stock form
of organization without the prior written approval of the
director pursuant to this chapter, except that the director may
waive requirements of this chapter in appropriate cases.
[1994 c 92 § 349; 1981 c 85 § 1.]
32.32.015 Forms. The director may prescribe under
this chapter such forms as the director deems appropriate for
use by a mutual savings bank seeking to convert to a capital
stock savings bank pursuant to this chapter. [1994 c 92 §
350; 1981 c 85 § 2.]
32.32.020
Request of noncompliance—
Requirements. (1) If an applicant finds that compliance
with any provision of this chapter would be in conflict with
applicable federal law, the director shall grant or deny a
request of noncompliance with the provision. The request
may be incorporated in the application for conversion; otherwise, the applicant shall file the request in accordance with
the requirements of the director.
(2) In making any such request, the applicant shall:
(a) Specify the provision or provisions of this chapter
with respect to which the applicant desires waiver;
(b) Furnish an opinion of counsel demonstrating that
applicable federal law is in conflict with the specified
provision or provisions of this chapter; and
(c) Demonstrate that the requested waiver would not
result in any effects that would be inequitable or detrimental
to the applicant, its account holders, or other financial
institutions or would be contrary to the public interest.
[1994 c 92 § 351; 1981 c 85 § 3.]
32.32.025 Definitions. As used in this chapter, the
following definitions apply, unless the context otherwise
requires:
(1) Except as provided in RCW 32.32.230, an "affiliate"
of, or a person "affiliated" with, a specified person, is a
person that directly, or indirectly through one or more
intermediaries, controls, or is controlled by, or is under
common control with, the person specified.
(2) The term "amount", when used in regard to securities, means the principal amount if relating to evidences of
indebtedness, the number of shares if relating to shares, and
the number of units if relating to any other kind of security.
(3) An "applicant" is a mutual savings bank which has
applied to convert pursuant to this chapter.
(4) The term "associate", when used to indicate a
relationship with any person, means (a) any corporation or
organization (other than the applicant or a majority-owned
subsidiary of the applicant) of which the person is an officer
(2002 Ed.)
Chapter 32.32
or partner or is, directly or indirectly, the beneficial owner
of ten percent or more of any class of equity securities, (b)
any trust or other estate in which the person has a substantial
beneficial interest or as to which the person serves as trustee
or in a similar fiduciary capacity, and (c) any relative who
would be a "class A beneficiary" if the person were a
decedent.
(5) The term "broker" means any person engaged in the
business of effecting transactions in securities for the account
of others.
(6) The term "capital stock" includes permanent stock,
guaranty stock, permanent reserve stock, any similar certificate evidencing nonwithdrawable capital, or preferred stock,
of a savings bank converted under this chapter or of a
subsidiary institution or holding company.
(7) The term "charter" includes articles of incorporation,
articles of reincorporation, and certificates of incorporation,
as amended, effecting (either with or without filing with any
governmental agency) the organization or creation of an
incorporated person.
(8) Except as provided in RCW 32.32.230, the term
"control" (including the terms "controlling", "controlled by",
and "under common control with") means the possession,
direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether
through the ownership of voting securities, by contract, or
otherwise.
(9) The term "dealer" means any person who engages
either for all or part of his or her time, directly or indirectly,
as agent, broker, or principal, in the business of offering,
buying, selling, or otherwise dealing or trading in securities
issued by another person.
(10) The term "deposits" refers to the deposits of a
savings bank that is converting under this chapter, and may
refer in addition to the deposits or share accounts of any
other financial institution that is converting to the stock form
in connection with a merger with and into a savings bank.
(11) The term "director" means any director of a
corporation, any trustee of a mutual savings bank, or any
person performing similar functions with respect to any organization whether incorporated or unincorporated.
(12) The term "eligibility record date" means the record
date for determining eligible account holders of a converting
mutual savings bank.
(13) The term "eligible account holder" means any
person holding a qualifying deposit as determined in accordance with RCW 32.32.180.
(14) The term "employee" does not include a director or
officer.
(15) The term "equity security" means any stock or
similar security; or any security convertible, with or without
consideration, into such a security, or carrying any warrant
or right to subscribe to or purchase such a security; or any
such warrant or right.
(16) The term "market maker" means a dealer who, with
respect to a particular security, (a) regularly publishes bona
fide, competitive bid and offer quotations in a recognized
interdealer quotation system; or (b) furnishes bona fide
competitive bid and offer quotations on request; and (c) is
ready, willing, and able to effect transaction in reasonable
quantities at his or her quoted prices with other brokers or
dealers.
[Title 32 RCW—page 29]
32.32.025
Title 32 RCW: Mutual Savings Banks
(17) The term "material", when used to qualify a
requirement for the furnishing of information as to any
subject, limits the information required to those matters as to
which an average prudent investor ought reasonably to be
informed before purchasing an equity security of the applicant.
(18) The term "mutual savings bank" means a mutual
savings bank organized and operating under Title 32 RCW.
(19) Except as provided in RCW 32.32.435, the term
"offer", "offer to sell", or "offer of sale" shall include every
attempt or offer to dispose of, or solicitation of an offer to
buy, a security or interest in a security, for value. These
terms shall not include preliminary negotiations or agreements between an applicant and any underwriter or among
underwriters who are or are to be in privity of contract with
an applicant.
(20) The term "officer", for purposes of the purchase of
stock in a conversion under this chapter or the sale of this
stock, means the chairman of the board, president, vice
president, secretary, treasurer or principal financial officer,
comptroller or principal accounting officer, and any other
person performing similar functions with respect to any
organization whether incorporated or unincorporated.
(21) Except as provided in RCW 32.32.435, the term
"person" means an individual, a corporation, a partnership,
an association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision
thereof.
(22) The term "proxy" includes every form of authorization by which a person is or may be deemed to be designated to act for a stockholder in the exercise of his or her
voting rights in the affairs of an institution. Such an authorization may take the form of failure to dissent or object.
(23) The terms "purchase" and "buy" include every
contract to purchase, buy, or otherwise acquire a security or
interest in a security for value.
(24) The terms "sale" and "sell" include every contract
to sell or otherwise dispose of a security or interest in a
security for value; but these terms do not include an exchange of securities in connection with a merger or acquisition approved by the director.
(25) The term "savings account" means deposits
established in a mutual savings bank and includes certificates
of deposit.
(26) Except as provided in RCW 32.32.435, the term
"security" includes any note, stock, treasury stock, bond,
debenture, transferable share, investment contract, votingtrust certificate, or in general, any instrument commonly
known as a "security"; or any certificate of interest or
participation in, temporary or interim certificate for, receipt
for, or warrant or right to subscribe to or purchase any of the
foregoing.
(27) The term "series of preferred stock" refers to a
subdivision, within a class of preferred stock, each share of
which has preferences, limitations, and relative rights
identical with those of other shares of the same series.
(28) The term "subscription offering" refers to the
offering of shares of capital stock, through nontransferable
subscription rights issued to: (a) Eligible account holders as
required by RCW 32.32.045; (b) supplemental eligible
account holders as required by RCW 32.32.055; (c) directors, officers, and employees, as permitted by RCW
[Title 32 RCW—page 30]
32.32.140; and (d) eligible account holders and supplemental
eligible account holders as permitted by RCW 32.32.145.
(29) A "subsidiary" of a specified person is an affiliate
controlled by the person, directly or indirectly through one
or more intermediaries.
(30) The term "supplemental eligibility record date"
means the supplemental record date for determining supplemental eligible account holders of a converting savings bank
required by RCW 32.32.055. The date shall be the last day
of the calendar quarter preceding director approval of the
application for conversion.
(31) The term "supplemental eligible account holder"
means any person holding a qualifying deposit, except
officers, directors, and their associates, as of the supplemental eligibility record date.
(32) The term "underwriter" means any person who has
purchased from an applicant with a view to, or offers or sells
for an applicant in connection with, the distribution of any
security, or participates or has a direct or indirect participation in the direct or indirect underwriting of any such
undertaking; but the term does not include a person whose
interest is limited to a commission from an underwriter or
dealer not in excess of the usual and customary distributors’
or sellers commission. The term "principal underwriter"
means an underwriter in privity of contract with the applicant or other issuer of securities as to which that person is
the underwriter.
Terms defined in other chapters of this title, when used
in this chapter, shall have the meanings given in those
definitions, to the extent those definitions are not inconsistent
with the definitions contained in this chapter unless the
context otherwise requires. [1995 c 134 § 7. Prior: 1994
c 256 § 105; 1994 c 92 § 352; 1985 c 56 § 16; 1981 c 85 §
4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.030 Prohibition on approval of certain
applications for conversion. No application for conversion
may be approved by the director if:
(1) The plan of conversion adopted by the applicant’s
board of directors is not in accordance with this chapter;
(2) The conversion would result in a reduction of the
applicant’s net worth below requirements established by the
director;
(3) The conversion may result in a taxable reorganization of the applicant under the United States Internal
Revenue Code of 1954, as amended; or
(4) The converted savings bank does not meet the
insurance requirements as established by the director. [1994
c 92 § 353; 1981 c 85 § 5.]
32.32.035 Requirements of plan of conversion. The
plan of conversion shall contain all of the provisions set
forth in RCW 32.32.040 through 32.32.125. [1981 c 85 §
6.]
32.32.040 Issuance of capital stock—Price. A
converted savings bank or a holding company organized
pursuant to chapter 32.34 RCW shall issue and sell capital
stock at a total price equal to the estimated pro forma market
value of the stock issued in connection with the conversion,
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
based on an independent valuation, as provided in RCW
32.32.305. In the conversion of a mutual savings bank or
holding company, either of which is in the process of
merging with, being acquired by, or consolidating with a
stock savings bank, or a savings bank holding company
owned by stockholders, or a subsidiary thereof, the following
subsections apply:
(1) The price per share of the shares offered for
subscription and issued in the conversion shall be not less
than the price reported for stock which is listed on a national
or regional stock exchange, or the bid price for stock which
is traded on the NASDAQ system, as of the day before any
public offering or other completion of the sale of stock in
the conversion: PROVIDED, That for stock not so listed
and not traded on the NASDAQ system, and any stock
whose price has been affected, as of the day specified above,
by a violation of RCW 32.32.225, the price per share shall
be determined by the director, upon the submission of such
information as the director may request.
(2) The independent valuation as provided in RCW
32.32.305 shall determine the aggregate value of shares for
which subscription rights are granted pursuant to RCW
32.32.045, 32.32.050, and 32.32.055, rather than a price per
share or number of shares as provided in RCW 32.32.290,
32.32.325, and 32.32.330. This independent valuation may
be replaced by a demonstration, to the satisfaction of the
director, of the fairness of the price of the shares issued.
[1994 c 92 § 354; 1985 c 56 § 17; 1981 c 85 § 7.]
32.32.042 Shares—Certificate not required. (1)
Shares of a savings bank may, but need not be, represented
by certificates. Unless this title expressly provides otherwise, the rights and obligations of shareholders are identical
whether or not their shares are represented by certificates.
At a minimum, each share certificate must state the information required to be stated and must be signed as provided in
RCW 23B.06.250 and/or 23B.06.270 for corporations.
(2) Unless the articles of incorporation or bylaws
provide otherwise, the board of directors of a savings bank
may authorize the issue of some or all of the shares of any
or all of its classes or series without certificates. The
authorization does not affect shares already represented by
certificates until they are surrendered to the savings bank.
(3) Within a reasonable time after the issue or transfer
of shares without certificates, the savings bank shall send the
shareholder a written statement of the information required
to be stated on certificates under subsection (1) of this
section. [1994 c 256 § 114.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.045 Stock purchase subscription rights—
Eligible account holders. Each eligible account holder shall
receive, without payment, nontransferable subscription rights
to purchase capital stock in an amount equal to the greatest
of two hundred shares, one-tenth of one percent of the total
offering of shares, or fifteen times the product (rounded
down to the next whole number) obtained by multiplying the
total number of shares of capital stock to be issued by a
fraction of which the numerator is the amount of the
qualifying deposit of the eligible account holder and the
denominator is the total amount of qualifying deposits of all
(2002 Ed.)
32.32.040
eligible account holders in the converting savings bank. If
the allotment made in this section results in an oversubscription, shares shall be allocated among subscribing
eligible account holders so as to permit each such account
holder, to the extent possible, to purchase a number of shares
sufficient to make his total allocation equal to one hundred
shares. Any shares not so allocated shall be allocated among
the subscribing eligible account holders on such equitable
basis, related to the amounts of their respective qualifying
deposits, as may be provided in the plan of conversion.
[1981 c 85 § 8.]
32.32.050 Stock purchase subscription rights
received by officers, directors, and their associates—
Subordination. Nontransferable subscription rights to
purchase capital stock received by officers and directors and
their associates of the converting savings bank based on their
increased deposits in the converting savings bank in the oneyear period preceding the eligibility record date shall be
subordinated to all other subscriptions involving the exercise
of nontransferable subscription rights to purchase shares
pursuant to RCW 32.32.045. [1981 c 85 § 9.]
32.32.055 Supplemental share purchase subscription rights—Supplemental eligible account holder—
Conditions. In plans involving an eligibility record date that
is more than fifteen months prior to the date of the latest
amendment to the application for conversion filed prior to
the director approval, a supplemental eligibility record date
shall be determined whereby each supplemental eligible
account holder of the converting savings bank shall receive,
without payment, nontransferable subscription rights to
purchase supplemental shares in an amount equal to the
greatest of two hundred shares, one-tenth of one percent of
the total offering of shares, or fifteen times the product
(rounded down to the next whole number) obtained by
multiplying the total number of shares of capital stock to be
issued by a fraction of which the numerator is the amount of
the qualifying deposit of the supplemental eligible account
holder and the denominator is the total amount of the
qualifying deposits of all supplemental eligible account holders in the converting savings bank on the supplemental
eligibility record date.
(1) Subscription rights received pursuant to this section
shall be subordinated to all rights received by eligible
account holders to purchase shares pursuant to RCW
32.32.045 and 32.32.050.
(2) Any nontransferable subscription rights to purchase
shares received by an eligible account holder in accordance
with RCW 32.32.045 shall be applied in partial satisfaction
of the subscription rights to be distributed pursuant to this
section.
(3) In the event of an oversubscription for supplemental
shares pursuant to this section, shares shall be allocated
among the subscribing supplemental eligible account holders
as follows:
(a) Shares shall be allocated among subscribing supplemental eligible account holders so as to permit each such
supplemental account holder, to the extent possible, to
purchase a number of shares sufficient to make the supplemental account holder’s total allocation (including the
[Title 32 RCW—page 31]
32.32.055
Title 32 RCW: Mutual Savings Banks
number of shares, if any, allocated in accordance with RCW
32.32.045) equal to one hundred shares.
(b) Any shares not allocated in accordance with subsection (3)(a) of this section shall be allocated among the
subscribing supplemental eligible account holders on such
equitable basis, related to the amounts of their respective
qualifying deposits, as may be provided in the plan of
conversion. [1994 c 92 § 355; 1981 c 85 § 10.]
32.32.060 Sale of shares not sold in subscription
offering—Methods—Conditions. Any shares of the
converting savings bank not sold in the subscription offering
shall either be sold in a public offering through an underwriter or directly by the converting savings bank in a direct
community marketing, subject to the applicant demonstrating
to the director the feasibility of the method of sale and to
such conditions as may be provided in the plan of conversion. The conditions shall include, but not be limited to:
(1) A condition limiting purchases by each officer and
director or their associates in this phase of the offering to
one-tenth of one percent of the total offering of shares.
(2) A condition limiting purchases by any person and
that person’s associates in this phase of the offering to a
number of shares or a percentage of the total offering so
long as the limitation does not exceed two percent of the
shares to be sold in the total offering.
(3) A condition that any direct community offering by
the converting savings bank shall give a preference to natural
persons residing in the counties in which the savings bank
has an office. The methods by which preference shall be
given shall be approved by the director. [1994 c 92 § 356;
1981 c 85 § 11.]
32.32.065 Limitation on subscription and purchase
of shares by person with associate or group—Amount.
The number of shares which any person together with any
associate or group of persons acting in concert may subscribe for or purchase in the conversion shall not exceed five
percent of the total offering of shares. For purposes of this
section, the members of the converting savings bank’s board
of directors shall not be deemed to be associates or a group
acting in concert solely as a result of their board membership. [1981 c 85 § 12.]
32.32.070 Limitation on purchase of shares by
officers, directors, and their associates—Amount. The
number of shares which officers and directors of the converting savings bank and their associates may purchase in
the conversion shall not exceed twenty-five percent of the
total offering of shares. [1981 c 85 § 13.]
32.32.075 Prohibition on purchase of shares by
officers, directors, and their associates—Exception. No
officer or director, or their associates, may purchase without
the prior written approval of the director the capital stock of
the converted savings bank except from a broker or a dealer
registered with the Securities and Exchange Commission for
a period of three years following the conversion. This
provision shall not apply to negotiated transactions involving
more than one percent of the outstanding capital stock of the
converted savings bank.
[Title 32 RCW—page 32]
As used in this section, the term "negotiated transactions" means transactions in which the securities are offered
and the terms and arrangements relating to any sale of the
securities are arrived at through direct communications
between the seller or any person acting on the seller’s behalf
and the purchaser or the purchaser’s investment representative. The term "investment representative" means a professional investment adviser acting as agent for the purchaser
and independent of the seller and not acting on behalf of the
seller in connection with the transaction. [1994 c 92 § 357;
1981 c 85 § 14.]
32.32.080 Uniform sales price of shares required—
Application to specify arrangements on sale of shares not
sold in subscription offering. The sales price of the shares
of capital stock to be sold in the conversion shall be a
uniform price determined in accordance with RCW
32.32.290, 32.32.305, and 32.32.325. The applicant shall
specify in its conversion application the underwriting and/or
other marketing arrangements to be made to assure the sale
of all shares not sold in the subscription offering. [1981 c
85 § 15.]
32.32.085 Savings account holder to receive withdrawable savings account(s)—Amount. Each savings
account holder of the converting savings bank shall receive,
without payment, a withdrawable savings account or accounts in the converted savings bank equal in withdrawable
amount to the withdrawal value of the account holder’s
savings account or accounts in the converting savings bank.
[1981 c 85 § 16.]
32.32.090 Liquidation account—Establishment and
maintenance required. A converting savings bank shall
establish and maintain a liquidation account for the benefit
of eligible account holders and supplemental eligible account
holders in the event of a subsequent complete liquidation of
the converted savings bank, in accordance with RCW
32.32.185 through 32.32.205. [1981 c 85 § 17.]
32.32.095 Establishment of eligibility record date
required. The applicant shall establish an eligibility record
date, which shall not be less than ninety days prior to the
date of adoption of the plan by the converting savings bank’s
board of directors. [1981 c 85 § 18.]
32.32.100 Capital stock—Voting rights. The holders
of the capital stock of the converted savings bank shall have
exclusive voting rights. [1981 c 85 § 19.]
32.32.105 Amendment and termination of plan of
conversion. The plan of conversion adopted by the
applicant’s board of directors may be amended by the board
of directors with the concurrence of the director at any time
prior to final approval of the director and may be terminated
with the concurrence of the director at any time prior to
issuance of the authorization certificate by the director.
[1994 c 92 § 358; 1981 c 85 § 20.]
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.110 Restriction on sale of shares of stock by
directors and officers. All shares of capital stock purchased by directors and officers on original issue in the
conversion either directly from the savings bank (by subscription or otherwise) or from an underwriter of the shares
shall be subject to the restriction that the shares shall not be
sold for a period of not less than three years following the
date of purchase, except in the event of death of the director
or officer. [1981 c 85 § 21.]
32.32.115 Conditions on shares of stock subject to
restriction on sale. In connection with shares of capital
stock subject to restriction on sale for a period of time:
(1) Each certificate for the stock shall bear a legend
giving appropriate notice of the restriction;
(2) Appropriate instructions shall be issued to the
transfer agent for the capital stock with respect to applicable
restrictions on transfer of any such restricted stock; and
(3) Any shares issued as a stock dividend, stock split, or
otherwise with respect to any such restricted stock shall be
subject to the same restrictions as may apply to the restricted
stock. [1985 c 56 § 18; 1981 c 85 § 22.]
32.32.120 Registration of securities—Marketing of
securities—Listing of shares on securities exchange or
NASDAQ quotation system. A converted savings bank or
holding company formed under chapter 32.34 RCW shall:
(1) Promptly following its conversion register the
securities issued in connection therewith pursuant to the
Securities and Exchange Act of 1934 and undertake not to
deregister the securities for a period of three years thereafter;
(2) Use its best efforts to encourage and assist a market
maker to establish and maintain a market for the securities
issued in connection with the conversion; and
(3) Use its best efforts to list those shares issued in
connection with the conversion on a national or regional
securities exchange or on the NASDAQ quotation system.
[1985 c 56 § 19; 1981 c 85 § 23.]
32.32.125 Reasonable expenses required. The
expenses incurred in the conversion shall be reasonable.
[1981 c 85 § 24.]
32.32.130 Plan of conversion—Prohibited provisions. The plan of conversion shall contain no provision
which the director determines to be inequitable or detrimental to the applicant, its savings account holders, or other
savings banks or to be contrary to the public interest. [1994
c 92 § 359; 1981 c 85 § 25.]
32.32.135 Plan of conversion—Permissible provisions. The plan of conversion may contain any of the
provisions set forth in RCW 32.32.140 through 32.32.170.
[1981 c 85 § 26.]
32.32.140 Purchase of certain shares of stock by
directors, officers, and employees permitted—Conditions.
Directors, officers, and employees of the converting savings
bank, as part of the subscription offering, may be entitled to
purchase shares of capital stock, to the extent that shares are
(2002 Ed.)
32.32.110
available after satisfying the subscriptions of eligible account
holders and supplemental eligible account holders, subject to
the following conditions:
(1) The total number of shares which may be purchased
under this section shall not exceed twenty-five percent of the
total number of shares to be issued in the case of a converting savings bank with total assets of less than fifty million
dollars or fifteen percent in the case of a converting savings
bank with total assets of five hundred million dollars or
more; in the case of a converting savings bank with total
assets of fifty million dollars or more but less than five
hundred million dollars, the percentage shall be no more than
a correspondingly appropriate number of shares based on
total asset size (for example, twenty percent in the case of a
converting savings bank with total assets of approximately
two hundred seventy five million dollars); and
(2) The shares shall be allocated among directors,
officers, and employees on an equitable basis such as by
giving weight to period of service, compensation, and position, subject to a reasonable limitation on the amount of
shares which may be purchased by any person or associate
thereof, or group of affiliated persons or group of persons
otherwise acting in concert. [1981 c 85 § 27.]
32.32.145 Receipt of certain subscription rights by
account holders permitted—Amount—Conditions. Any
account holder receiving rights to purchase stock in the
subscription offering may also receive, without payment,
nontransferable subscription rights to purchase up to one
percent of the total offering of shares of capital stock, to the
extent that the shares are available after satisfying the
subscription under RCW 32.32.045 and 32.32.055, subject to
such conditions as may be provided in the plan of conversion. In the event of an oversubscription for the additional
shares, the shares available shall be allocated among the
subscribing eligible account holders and supplemental
eligible account holders on such equitable basis, related to
the amounts of their respective subscriptions, as may be
provided in the plan of conversion. Where possible the
subscriptions shall be allocated in such a manner that total
purchases by eligible account holders and supplemental
eligible account holders shall be rounded to the nearest one
hundred shares. [1981 c 85 § 28.]
32.32.150 Permissible sales of insignificant residue
of shares. Any insignificant residue of shares not sold in
the subscription offering or in a public offering referred to
in RCW 32.32.060 may be sold in such other manner as provided in the plan with the director’s approval. [1994 c 92 §
360; 1985 c 56 § 20; 1981 c 85 § 29.]
32.32.155 Limitation on number of shares subscribed in subscription offering permitted. The number
of shares which any person, or group of persons affiliated
with each other or otherwise acting in concert, may subscribe for in the subscription offering may be made subject
to a limit of not less than one percent of the total offering of
shares. [1981 c 85 § 30.]
32.32.160 Minimum purchase requirement in
exercise of subscription rights permitted. Any person
[Title 32 RCW—page 33]
32.32.160
Title 32 RCW: Mutual Savings Banks
exercising subscription rights to purchase capital stock may
be required to purchase a minimum of up to twenty-five
shares to the extent the shares are available (but the aggregate price for any minimum share purchase shall not exceed
five hundred dollars). [1981 c 85 § 31.]
32.32.165 Stock option plan permitted—Reserved
shares. A stock option plan may be adopted by the board
of directors at the meeting at which the plan of conversion
is voted upon. The number of shares reserved for the stock
option plans should be limited to ten percent of the number
of shares sold in the conversion. [1981 c 85 § 32.]
32.32.170 Issuance of securities in lieu of capital
stock permitted—References to capital stock. The
converted savings bank may issue and sell, in lieu of shares
of its capital stock, units of securities consisting of capital
stock or other equity securities, in which event any reference
in this chapter to capital stock shall apply to the units of
equity securities unless the context otherwise requires. [1981
c 85 § 33.]
32.32.175 Approval of other equitable provisions.
The director may approve such other equitable provisions as
are necessary to avert imminent injury to the converting
savings bank. [1994 c 92 § 361; 1981 c 85 § 34.]
32.32.180 Amount of qualifying deposit of eligible
account holder or supplemental eligible account holder.
(1) Unless otherwise provided in the plan of conversion, the
amount of the qualifying deposit of an eligible account
holder or supplemental eligible account holder shall be the
total of the deposit balances in the eligible account holder’s
or supplemental eligible account holder’s savings accounts
in the converting savings bank as of the close of business on
the eligibility record date or supplemental eligibility record
date. However, the plan of conversion may provide that any
savings accounts with total deposit balances of less than fifty
dollars (or any lesser amount) shall not constitute a qualifying deposit.
(2) As used in this section, the term "savings account"
includes a predecessor or successor account of a given
savings account which is held only in the same right and
capacity and on the same terms and conditions as the given
savings account. However, the plan of conversion may
provide for lesser requirements for consideration as a
predecessor or successor account. [1981 c 85 § 35.]
32.32.185 Liquidation account—Establishment
required—Amount—Function. Each converted savings
bank shall, at the time of conversion, establish a liquidation
account in an amount equal to the amount of net worth of
the converting savings bank as of the latest practicable date
prior to conversion. For the purposes of this section, the
savings bank shall use the net worth figure no later than that
set forth in its latest statement of financial condition contained in the final offering circular. The function of the
liquidation account is to establish a priority on liquidation
and, except as provided in RCW 32.32.215, the existence of
the liquidation account shall not operate to restrict the use or
[Title 32 RCW—page 34]
application of any of the net worth accounts of the converted
savings bank. [1981 c 85 § 36.]
32.32.190 Liquidation account—Maintenance
required—Subaccounts. The liquidation account shall be
maintained by the converted savings bank for the benefit of
eligible account holders and supplemental eligible account
holders who maintain their savings accounts in the bank.
Each such eligible account holder shall, with respect to each
savings account, have a related inchoate interest in a portion
of the liquidation account balance ("subaccount"). [1981 c
85 § 37.]
32.32.195 Liquidation account—Distribution upon
complete liquidation. In the event of a complete liquidation
of the converted savings bank (and only in this event), each
eligible account holder and supplemental eligible account
holder shall be entitled to receive a liquidation distribution
from the liquidation account, in the amount of the then
current adjusted subaccount balances for savings accounts
then held, before any liquidation distribution may be made
with respect to capital stock. No merger, consolidation,
purchase of bulk assets with assumption of savings accounts
and other liabilities, or similar transaction, in which the
converted savings bank is not the survivor, is considered to
be a complete liquidation for this purpose. In these transactions, the liquidation account shall be assumed by the
surviving institution. [1981 c 85 § 38.]
32.32.200 Liquidation account—Determination of
subaccount balances. The initial subaccount balance for a
savings account held by an eligible account holder and/or
supplemental eligible account holder shall be determined by
multiplying the opening balance in the liquidation account by
a fraction of which the numerator is the amount of qualifying deposits in the savings account on the eligibility record
date and/or the supplemental eligibility record date and the
denominator is the total amount of qualifying deposits of all
eligible account holders and supplemental eligible account
holders in the converting savings bank on these dates. For
savings accounts in existence at both dates, separate
subaccounts shall be determined on the basis of the qualifying deposits in these savings accounts on these record
dates. The initial subaccount balances shall not be increased,
and it shall be subject to downward adjustment as provided
in RCW 32.32.205. [1981 c 85 § 39.]
32.32.205 Reduction of subaccount balance. If the
deposit balance in any savings account of an eligible account
holder or supplemental eligible account holder at the close
of business on any annual closing date subsequent to the
respective record dates is less than the lesser of (1) the
deposit balance in the savings account at the close of
business on any other annual closing date subsequent to the
eligibility record date or (2) the amount of qualifying deposit
as of the eligibility record date or the supplemental eligibility
record date, the subaccount balance for the savings account
shall be adjusted by reducing the subaccount balance in an
amount proportionate to the reduction in the deposit balance.
In the event of such a downward adjustment, the subaccount
balance shall not be subsequently increased, notwithstanding
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
any increase in the deposit balance of the related savings
account. If any such savings account is closed, the related
subaccount balance shall be reduced to zero. [1981 c 85 §
40.]
32.32.210 Converted savings bank prohibited from
repurchasing its stock without approval. No converted
savings bank may repurchase any of its capital stock from
any person unless the repurchase is approved by the director
either in advance or at the time of repurchase. [1994 c 92
§ 362; 1985 c 56 § 21; 1981 c 85 § 41.]
32.32.215 Limitation on cash dividends. Except as
provided in RCW 32.32.222, no converted savings bank may
declare or pay a cash dividend unless the declaration or
payment of the dividend would be in accordance with the
requirements of RCW 30.04.180 and would not have the
effect of reducing the net worth of the converted savings
bank below (1) the amount required for the liquidation
account or (2) the amount required by the director. [1994 c
92 § 363; 1985 c 56 § 22; 1981 c 85 § 42.]
32.32.220 Limitation on certain cash dividends
within ten years of conversion. Except as provided in
RCW 32.32.222, no converted savings bank may, without
the prior approval of the director, for a period of ten years
after the date of its conversion, declare or pay a cash
dividend on its capital stock in an amount in excess of onehalf of the greater of:
(1) The savings bank’s net income for the current fiscal
year; or
(2) The average of the savings bank’s net income for
the current fiscal year and not more than two of the immediately preceding fiscal years.
For purposes of this chapter, "net income" shall be
determined by generally accepted accounting principles.
[1994 c 92 § 364; 1985 c 56 § 23; 1981 c 85 § 43.]
32.32.222 Dividends on preferred stock. A converted mutual savings bank may pay dividends on preferred
stock at the rate or rates agreed in connection with the
issuance of preferred stock if such issuance has been
approved by the director. [1994 c 92 § 365; 1985 c 56 §
24.]
32.32.225 Prohibitions on offer, sale, or purchase of
securities. In the offer, sale, or purchase of securities issued
incident to its conversion, no savings bank, or any director,
officer, attorney, agent, or employee thereof, may (1) employ
any device, scheme, or artifice to defraud, or (2) obtain
money or property by means of any untrue statement of a
material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the
circumstances under which they were made, not misleading,
or (3) engage in any act, transaction, practice, or course of
business which operates or would operate as a fraud or
deceit upon a purchaser or seller. [1981 c 85 § 44.]
(2002 Ed.)
32.32.205
32.32.228 Acquisition of control of a converted
savings bank. (1) As used in this section, the following
definitions apply:
(a) "Control" means directly or indirectly alone or in
concert with others to own, control, or hold the power to
vote twenty-five percent or more of the outstanding stock or
voting power of the controlled entity;
(b) "Acquiring party" means the person acquiring
control of a bank through the purchase of stock;
(c) "Person" means any individual, corporation, partnership, group acting in concert, association, business trust, or
other organization.
(2)(a) It is unlawful for any person to acquire control of
a converted savings bank until thirty days after filing with
the director a completed application. The application shall
be under oath or affirmation, and shall contain substantially
all of the following information plus any additional information that the director may prescribe as necessary or appropriate in the particular instance for the protection of bank
depositors, borrowers, or shareholders and the public interest:
(i) The identity and banking and business experience of
each person by whom or on whose behalf acquisition is to
be made;
(ii) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(iii) The terms and conditions of any proposed acquisition and the manner in which the acquisition is to be made;
(iv) The source and amount of the funds or other
consideration used or to be used in making the acquisition,
and a description of the transaction and the names of the
parties if any part of these funds or other consideration has
been or is to be borrowed or otherwise obtained for the
purpose of making the acquisition;
(v) Any plan or proposal which any person making the
acquisition may have to liquidate the bank, to sell its assets,
to merge it with any other bank, or to make any other major
change in its business or corporate structure or management;
(vi) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any
person on its behalf, who makes solicitations or recommendations to shareholders for the purpose of assisting in the
acquisition and a brief description of the terms of the
employment, retainer, or arrangement for compensation;
(vii) Copies of all invitations for tenders or advertisements making a tender offer to shareholders for the purchase
of their stock to be used in connection with the proposed
acquisition; and
(viii) Such additional information as shall be necessary
to satisfy the director, in the exercise of the director’s
discretion, that each such person and associate meets the
standards of character, responsibility, and general fitness
established for incorporators of a savings bank under RCW
32.08.040.
(b) Notwithstanding any other provision of this section,
a bank or bank holding company which has been in operation for at least three consecutive years or a converted
mutual savings bank or the holding company of a mutual
savings bank need only notify the director and the savings
bank to be acquired of an intent to acquire control and the
date of the proposed acquisition of control at least thirty
days before the date of the acquisition of control.
[Title 32 RCW—page 35]
32.32.228
Title 32 RCW: Mutual Savings Banks
(c) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by (a) (i),
(ii), (vi), and (viii) of this subsection be given with respect
to each person, as defined in subsection (1)(c) of this
section, who has an interest in or controls a person filing an
application under this subsection.
(d) When a corporation is required to file an application
under this section, the director may require that information
required by (a) (i), (ii), (vi), and (viii) of this subsection be
given for the corporation, each officer and director of the
corporation, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the
outstanding voting securities of the corporation.
(e) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be
made by means of a registration statement under the securities act of 1933 (48 Stat. 74, 15 U.S.C. Sec. 77(a)), as
amended, or in circumstances requiring the disclosure of
similar information under the securities exchange act of 1934
(48 Stat. 881, 15 U.S.C. Sec. 78(a)), as amended, the
registration statement or application may be filed with the
director in lieu of the requirements of this section.
(f) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the savings
bank proposed to be acquired within two days after such
notice or application is filed with the director.
(g) Any acquisition of control in violation of this section
shall be ineffective and void.
(h) Any person who willfully or intentionally violates
this section or any rule adopted under this section is guilty
of a gross misdemeanor pursuant to chapter 9A.20 RCW.
Each day’s violation shall be considered a separate violation,
and any person shall upon conviction be fined not more than
one thousand dollars for each day the violation continues.
(3) The director may disapprove the acquisition of a
savings bank within thirty days after the filing of a complete
application pursuant to subsections (1) and (2) of this section
or an extended period not exceeding an additional fifteen
days if:
(a) The poor financial condition of any acquiring party
might jeopardize the financial stability of the savings bank
or might prejudice the interest of depositors, borrowers, or
shareholders;
(b) The plan or proposal of the acquiring party to
liquidate the savings bank, to sell its assets, to merge it with
any person, or to make any other major change in its
business or corporate structure or management is not fair and
reasonable to its depositors, borrowers, or stockholders or is
not in public interest;
(c) The banking and business experience and integrity
of any acquiring party who would control the operation of
the savings bank indicates that approval would not be in the
interest of the savings bank’s depositors, borrowers, or
shareholders;
(d) The information provided by the application is
insufficient for the director to make a determination or there
has been insufficient time to verify the information provided
and conduct an examination of the qualification of the
acquiring party; or
(e) The acquisition would not be in the public interest.
[Title 32 RCW—page 36]
An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of
intent not to disapprove the action.
The director shall set forth the basis for disapproval of
any proposed acquisition in writing and shall provide a copy
of such findings and order to the applicants and to the bank
involved. Such findings and order shall not be disclosed to
any other party and shall not be subject to public disclosure
under chapter 42.17 RCW unless the findings and/or order
are appealed pursuant to chapter 34.05 RCW.
Whenever such a change in control occurs, each party
to the transaction shall report promptly to the director any
changes or replacement of its chief executive officer or of
any director occurring in the next twelve-month period,
including in its report a statement of the past and current
business and professional affiliations of the new chief
executive officer or directors.
(4)(a) For a period of ten years following the acquisition
of control by any person, neither such acquiring party nor
any associate shall receive any loan or the use of any of the
funds of, nor purchase, lease, or otherwise receive any
property from, nor receive any consideration from the sale,
lease, or any other conveyance of property to, any savings
bank in which the acquiring party has control except as
provided in (b) of this subsection.
(b) Upon application by any acquiring party or associate
subject to (a) of this subsection, the director may approve a
transaction between a converted savings bank and such
acquiring party, person, or associate, upon finding that the
terms and conditions of the transaction are at least as
advantageous to the savings bank as the savings bank would
obtain in a comparable transaction with an unaffiliated
person.
(5) Except with the consent of the director, no converted
savings bank shall, for the purpose of enabling any person
to purchase any or all shares of its capital stock, pledge or
otherwise transfer any of its assets as security for a loan to
such person or to any associate, or pay any dividend to any
such person or associate. Nothing in this section shall
prohibit a dividend of stock among shareholders in proportion to their shareholdings. In the event any clause of this
section is declared to be unconstitutional or otherwise
invalid, all remaining dependent and independent clauses of
this section shall remain in full force and effect. [1994 c 92
§ 366; 1989 c 180 § 6; 1985 c 56 § 25.]
32.32.230 Nonapproval of conversion unless acquisition of control within three years by certain companies
prohibited. (1) No conversion may be approved by the
director unless the plan of conversion provides that the
converted savings bank shall enter into an agreement with
the director, in form satisfactory to the director, which shall
provide that for a period of three years following the
conversion any company significantly engaged in an unrelated business activity, either directly or through an affiliate
thereof, shall not be permitted, regardless of the form of the
transaction, to acquire control of the converted savings bank.
Any acquisition of a converted savings bank shall also
comply with RCW 32.32.228.
(2) As used in this section:
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
(a) The term "affiliate" means any person or company
which controls, is controlled by, or is under common control
with, a specified company.
(b) A person or company shall be deemed to have
"control" of:
(i) A savings bank if the person directly or indirectly or
acting in concert with one or more other persons, or through
one or more subsidiaries, owns, controls, or holds with
power to vote, or holds proxies representing, more than
twenty-five percent of the voting shares of the savings bank,
or controls in any manner the election of a majority of the
directors of the bank;
(ii) Any other company if the person directly or indirectly or acting in concert with one or more other persons,
or through one or more subsidiaries, owns, controls, or holds
with power to vote, or holds proxies representing, more than
twenty-five percent of the voting shares or rights of the other
company, or controls in any manner the election or appointment of a majority of the directors or trustees of the other
company, or is a general partner in or has contributed more
than twenty-five percent of the capital of the other company;
(iii) A trust if the person is a trustee thereof; or
(iv) A savings bank or any other company if the director
determines, after reasonable notice and opportunity for
hearing, that the person directly or indirectly exercises a
controlling influence over the management or policies of the
savings bank or other company.
(c) A company shall be deemed to be "significantly
engaged" in an unrelated business activity if its unrelated
business activities would represent, on either an actual or a
pro forma basis, more than fifteen percent of its consolidated
net worth at the close of this preceding fiscal year or of its
consolidated net earnings for such fiscal year.
(d) The term "unrelated business activity" means any
business activity not authorized for a savings bank or any
subsidiary thereof. [1994 c 92 § 367; 1985 c 56 § 26; 1981
c 85 § 45.]
32.32.235 Plan of conversion—Charter restrictions
permitted. To the extent permitted by applicable federal or
state law, a plan of conversion may provide for a provision
in the charter of the converted savings bank containing, in
substance, the restriction set forth in RCW 32.32.230. There
may also be included a restriction providing that the charter
provision may be amended only by a vote of up to seventyfive percent of the votes eligible to be cast at a regular or
special meeting of shareholders of the converted savings
bank. If the converted savings bank elects to adopt the foregoing optional charter provision, the director shall impose,
as a condition to approval of the conversion, a requirement
that the converted savings bank fully enforce the charter
provision. [1994 c 92 § 368; 1981 c 85 § 46.]
32.32.240 Confidentiality of consideration to
convert—Remedial measures for breach. A savings bank
which is considering converting pursuant to this chapter and
its directors, officers, and employees shall keep this consideration in the strictest confidence and shall only discuss the
potential conversion as would be consistent with the need to
prepare information for filing an application for conversion.
(2002 Ed.)
32.32.230
Should this confidence be breached the director may require
remedial measures including:
(1) A public statement by the savings bank that its
board of directors is currently considering converting
pursuant to this chapter;
(2) Providing for an eligibility record date which shall
be as of such a date prior to the adoption of the plan by the
converting savings bank’s board of directors as to assure the
equitability of the conversion;
(3) Limitation of the subscription rights of any person
violating or aiding the violation of this section to an amount
deemed appropriate by the director; and
(4) Any other actions the director may deem appropriate
and necessary to assure the fairness and equitability of the
conversion. [1994 c 92 § 369; 1981 c 85 § 47.]
32.32.245 Public statement authorized. If it should
become essential as a result of rumors prior to the adoption
of a plan of conversion by the applicant’s board of directors,
a public statement limited to that purpose may be made by
the applicant. [1981 c 85 § 48.]
32.32.250 Adoption of plan of conversion—Notice
to and inspection by account holders—Statement and
letter—Press release authorized. Promptly after the
adoption of a plan of conversion by not less than two-thirds
of its board of directors, the savings bank shall:
(1) Notify its account holders of the action by publishing a statement in a newspaper having general circulation in
each community in which an office of the savings bank is
located and/or by mailing a letter to each of its account
holders; and
(2) Have copies of the adopted plan of conversion
available for inspection by its account holders at each office
of the savings bank.
The savings bank may also issue a press release with
respect to the action. Copies of the proposed statement,
letter, and press release are not required to be filed with the
director but may be submitted to the director for comment.
Copies of the definitive statement, letter, and press release
shall be filed with the director as part of the application for
conversion. [1994 c 92 § 370; 1981 c 85 § 49.]
32.32.255 Statement, letter, and press release—
Content permitted. The statement, letter, and press release
of the applicant issued pursuant to RCW 32.32.250, unless
otherwise authorized by the director, shall contain only (but
need not contain all of) the following:
(1) A statement that the board of directors has adopted
a plan to convert the savings bank from a mutual savings
bank to a capital stock savings bank;
(2) A statement that the plan of conversion is subject to
approval by the director and by the appropriate federal
regulatory authority or authorities (naming such an authority
or authorities) before the plan can become effective and that
account holders of the applicant will have an opportunity to
file written comments including objections and materials
supporting the objections with the director;
(3) A statement that the plan of conversion is contingent
upon obtaining favorable tax rulings from the Internal
Revenue Service or an appropriate tax opinion;
[Title 32 RCW—page 37]
32.32.255
Title 32 RCW: Mutual Savings Banks
(4) A statement that there is no assurance that the
approval of the director or the approval of any appropriate
federal authority or authorities will be obtained, and also no
assurance that the favorable tax rulings or tax opinion will
be received;
(5) The proposed record date for determining the
eligible account holders entitled to receive nontransferable
subscription rights to purchase capital stock of the applicant;
(6) A brief statement describing the circumstances that
would require supplemental eligible account holders to
receive nontransferable subscription rights to purchase capital
stock of the applicant;
(7) A brief description of the plan of conversion;
(8) The par value and approximate number of shares of
capital stock to be issued and sold under the plan of conversion;
(9) A brief statement as to the extent to which directors,
officers, and employees will participate in the conversion;
(10) A statement that savings account holders will
continue to hold accounts in the converted savings bank
identical as to dollar amount, rate of return, and general
terms and that their accounts will continue to be insured by
the Federal Deposit Insurance Corporation;
(11) A statement that borrowers’ loans will be unaffected by conversion and that the amount, rate, maturity,
security, and other conditions will remain contractually fixed
as they existed prior to conversion;
(12) A statement that the normal business of the savings
bank in accepting savings and making loans will continue
without interruption; that the converted savings bank will
continue after conversion to conduct its present services to
savings account holders and borrowers under current policies
to be carried on in existing offices and by the present
management and staff;
(13) A statement that the plan of conversion may be
substantively amended or terminated by the board of
directors with the concurrence of the director; and
(14) A statement that questions of account holders may
be answered by telephoning or writing to the savings bank.
[1994 c 92 § 371; 1981 c 85 § 50.]
32.32.260 Statement, letter, and press release—
Contents prohibited—Inquiries. The statement, letter, and
press release of the applicant issued pursuant to RCW
32.32.250 shall not include financial statements or describe
the benefits of conversion or the value of the capital stock of
the savings bank upon conversion. In replying to inquiries,
the savings bank should limit its answers to the matters
listed in RCW 32.32.255. [1981 c 85 § 51.]
32.32.265 Notices of filing of application—Requests
for subscription offering circular. Upon determination that
an application for conversion is properly executed and is not
materially incomplete, the director shall advise the applicant,
in writing, to publish notices of the filing of the application.
Promptly after receipt of the advice, the applicant shall
furnish a written notice of the filing to each eligible account
holder and also publish a notice of the filing in a newspaper
printed in the English language and having general circulation in each community in which an office of the applicant
is located, as follows:
[Title 32 RCW—page 38]
NOTICE OF FILING OF AN APPLICATION
FOR APPROVAL TO CONVERT TO A
STOCK SAVINGS BANK
Notice is hereby given that, pursuant to chapter
32.32 of the Revised Code of Washington
..................................
(fill in name of applicant)
has filed an application with the Director of Financial Institutions for approval to convert to the stock
form of organization. Copies of the application
have been delivered to (address) .
Written comments, including objections to the plan
of conversion and materials supporting the objections, from any account holder of the applicant or
aggrieved person, will be considered by the director
if filed within twenty business days after the date
of this notice. Failure to make written comments
in objection may preclude the pursuit of any
administrative or judicial remedies. Three copies
of the comments should be sent to the aforementioned. The proposed plan of conversion and any
comments thereon will be available for inspection
by any account holder of the applicant at (address) . A copy of the plan may also be inspected
at each office of the applicant.
If a significant number of the applicant’s account holders
speak a language other than English and a newspaper in that
language is published in the area served by the applicant, an
appropriate translation of the notice shall also be published
in that newspaper. A notice sent by mail may be accompanied by the statement that the converting institution will not
mail a subscription offering circular to an eligible account
holder or a supplemental eligible account holder unless the
eligible account holder or the supplemental eligible account
holder, prior to the commencement of the subscription offering, requests the subscription offering circular by returning a postcard. The issuer of stock in the conversion shall
pay the postage of this postcard and shall inform the eligible
account holder or supplemental eligible holder that the
postage is paid. [1994 c 92 § 372; 1985 c 56 § 27; 1981 c
85 § 52.]
32.32.270 Filing of notice and affidavit of publication required. Promptly after publication of the notices
prescribed in RCW 32.32.265, the applicant shall file with
the director the notice and affidavit of publication from each
newspaper publisher in the manner the director shall require.
[1994 c 92 § 373; 1981 c 85 § 53.]
32.32.275 Applications available for public inspection—Confidential information. Should the applicant
desire to submit any information it deems to be of a confidential nature regarding any item or a part of any exhibit included in any application under this chapter, the information
pertaining to the item or exhibit shall be separately bound
and labeled "confidential", and a statement shall be submitted therewith briefly setting forth the grounds on which the
information should be treated as confidential. Only general
reference thereto need be made in that portion of the appli(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
cation which the applicant deems not to be confidential.
Applications under this chapter shall be made available for
inspection by the public, except for portions which are bound
and labeled "confidential" and which the director determines
to withhold from public availability under RCW 42.17.250
through 42.17.340. The applicant shall be advised of any
decision by the director to make public information designated as "confidential" by the applicant. Even though sections
of the application are considered "confidential" as far as
public inspection thereof is concerned, to the extent the
director deems necessary the director may comment on the
confidential submissions in any public statement in connection with the director’s decision on the application without
prior notice to the applicant. [1994 c 92 § 374; 1981 c 85
§ 54.]
32.32.280 Offers and sales of securities—
Prohibitions. No offer to sell securities of an applicant
pursuant to a plan of conversion may be made prior to
approval by the director of the application for conversion.
No sale of these securities in the subscription offering may
be made except by means of the final offering circular for
the subscription offering. No sale of unsubscribed securities
may be made except by means of the final offering circular
for the public offering or direct community marketing. The
offering of shares in the direct community marketing may
commence during the subscription offering upon the declaration of effectiveness by the director of the offering circular
proposed for the community offering. This section shall not
apply to preliminary negotiations or agreements between an
applicant and any underwriter or among underwriters who
are to be in privity of contract with the applicant. [1994 c
92 § 375; 1981 c 85 § 55.]
32.32.285 Distribution of offering circulars authorized. Any preliminary offering circular for the subscription
offering, the public offering, or the direct community
marketing which has been filed with the director may be
distributed to eligible account holders or supplemental
eligible account holders and to others in connection with the
offering after the director has advised the applicant in
writing that the application is properly executed and is not
materially incomplete under RCW 32.32.265. No final
offering circular may be distributed until the offering circular
has been declared effective by the director. [1994 c 92 §
376; 1981 c 85 § 56.]
32.32.290 Preliminary offering circular for subscription offering—Estimated subscription price range
required. With respect to the capital stock of the applicant
to be sold under the plan of conversion, any preliminary
offering circular for the subscription offering shall set forth
the estimated subscription price range. The maximum of the
price range should normally be no more than fifteen percent
above the average of the minimum and maximum of the
price range and the minimum should normally be no more
than fifteen percent below this average. The maximum price
used in the price range should normally be no more than
fifty dollars per share and the minimum no less than five
dollars per share. [1994 c 256 § 106; 1981 c 85 § 57.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2002 Ed.)
32.32.275
32.32.295 Review of price information by director.
The director shall review the price information required
under RCW 32.32.290 in determining whether to give
approval to an application for conversion. No representations may be made in any manner that the price information
has been approved by the director or that the shares of
capital stock sold pursuant to the plan of conversion have
been approved or disapproved by the director or that the
director has passed upon the accuracy or adequacy of any
offering circular covering the shares. [1994 c 92 § 377;
1981 c 85 § 58.]
32.32.300 Underwriting commissions. Underwriting
commissions shall not exceed an amount or percentage per
share acceptable to the director. No underwriting commission may be allowed or paid with respect to shares of capital
stock sold in the subscription offering; however, an underwriter may be reimbursed for accountable expenses in
connection with the subscription offering where the public
offering is so small that reasonable underwriting commissions thereon would not be sufficient to cover total accountable expenses. The term "underwriting commissions"
includes underwriting discounts. [1994 c 92 § 378; 1981 c
85 § 59.]
32.32.305 Consideration of pricing information by
director—Guidelines. In considering the pricing information required under RCW 32.32.290, the director shall apply
the following guidelines:
(1) The materials shall be prepared by persons independent of the applicant, experienced and expert in the area of
corporate appraisal, and acceptable to the director;
(2) The materials shall contain data which are sufficient
to support the conclusions reached therein;
(3) The materials shall contain a complete and detailed
description of the appraisal methodology employed; and
(4) To the extent that the appraisal is based on a
capitalization of the pro forma income of the converted
savings bank, the materials shall indicate the basis for
determination of the income to be derived from the proceeds
of the sale of stock and demonstrate the appropriateness of
the earnings multiple used, including assumptions made as
to future earnings growth. To the extent that the appraisal
is based on comparison of the capital stock of the applicant
with outstanding capital stock of existing stock savings
banks or stock savings and loan associations, the materials
shall demonstrate the appropriate comparability of the form
and substance of the outstanding capital stock and the
appropriate comparability of the existing stock savings banks
and stock savings and loan associations in terms of such
factors as size, market area, competitive conditions, profit
history, and expected future earnings. [1994 c 92 § 379;
1981 c 85 § 60.]
32.32.310 Submission of information by applicant.
In addition to the information required in RCW 32.32.305,
the applicant shall submit information demonstrating to the
satisfaction of the director the independence and expertise of
any person preparing materials under RCW 32.32.305.
However, a person will not be considered as lacking independence for the reason that the person will participate in
[Title 32 RCW—page 39]
32.32.310
Title 32 RCW: Mutual Savings Banks
effecting a sale of capital stock under the plan of conversion
or will receive a fee from the applicant for services rendered
in connection with the appraisal. [1994 c 92 § 380; 1981 c
85 § 61.]
32.32.315 Subscription offering—Distribution of
order forms for the purchase of shares. Promptly after
the director has declared the offering circular for the subscription offering effective, the applicant shall distribute
order forms for the purchase of shares of capital stock in the
subscription offering to all eligible account holders, supplemental eligible account holders (if applicable), and other
persons who may subscribe for the shares under the plan of
conversion. [1994 c 92 § 381; 1981 c 85 § 62.]
32.32.320 Order forms—Final offering circular and
detailed instructions. Each order form distributed pursuant
to RCW 32.32.315 shall be accompanied or preceded by the
final offering circular for the subscription offering and a set
of detailed instructions explaining how to properly complete
the order forms. [1981 c 85 § 63.]
32.32.325 Subscription price. The maximum
subscription price stated on each order form distributed
pursuant to RCW 32.32.315 shall be the amount to be paid
when the order form is returned. The maximum subscription
price and the actual subscription price shall be within the
subscription price range stated in the director’s approval and
the offering circular. If either the maximum subscription
price or the actual subscription price is not within this
subscription price range, the applicant shall obtain an
amendment to the director’s approval. If appropriate, the
director shall condition the giving of amended approval by
requiring a resolicitation of order forms. If the actual public
offering price is less than the maximum subscription price
stated on the order form, the actual subscription price shall
be correspondingly reduced and the difference shall be
refunded to those who have paid the maximum subscription
price. [1994 c 92 § 382; 1981 c 85 § 64.]
32.32.330 Order form—Contents. Each order form
distributed pursuant to RCW 32.32.315 shall be prepared so
as to indicate to the person receiving it, in as simple, clear,
and intelligible a manner as possible, the actions which are
required or available to the person with respect to the form
and the capital stock offered for purchase thereby. Specifically, each order form shall:
(1) Indicate the maximum number of shares that may be
purchased pursuant to the subscription offering;
(2) Indicate the period of time within which the subscription rights must be exercised, which period of time shall
not be less than twenty days following the date of the
mailing of the order form;
(3) State the maximum subscription price per share of
capital stock;
(4) Indicate any requirements as to the minimum
number of shares of capital stock which may be purchased;
(5) Provide a specifically designated blank space or
spaces for indicating the number of shares of capital stock
which the eligible account holder or other person wishes to
purchase;
[Title 32 RCW—page 40]
(6) Indicate that payment may be made by cash if
delivered in person or by check or by withdrawal from an
account holder’s savings account. If payment is to be made
by withdrawal, a box to check should be provided;
(7) Provide specifically designated blank spaces for
dating and signing the order form;
(8) Contain an acknowledgment by the account holder
or other person signing the order form that the person has
received the final offering circular for the subscription
offering prior to signing; and
(9) Indicate the consequences of failing to properly
complete and return the order form, including a statement
that the subscription rights are nontransferable and will
become void at the end of the subscription period. The
order form may, and the set of instructions shall, indicate the
place or places to which the order forms are to be returned
and when the applicant will consider order forms received,
such as by date and time of actual receipt in the applicant’s
offices or by date and time of postmark. [1981 c 85 § 65.]
32.32.335 Order form—Additional provision
authorized—Payment by withdrawal. The order form
distributed pursuant to RCW 32.32.315 may provide that it
may not be modified without the applicant’s consent after its
receipt by the applicant. If payment is to be made by
withdrawal from a savings account the applicant may, but
need not, cause the withdrawal to be made upon receipt of
the order form. If the withdrawal is made at any time prior
to the closing date of the public offering, the applicant shall
pay interest to the account holder on the account withdrawn
as if the amount had remained in the account from which it
was withdrawn until the closing date. [1981 c 85 § 66.]
32.32.340 Time period for completion of sale of all
shares of capital stock. The sale of all shares of capital
stock of the converting savings bank to be made under the
plan of conversion, including any sale in a public offering or
direct community marketing, shall be completed as promptly
as possible and within forty-five calendar days after the last
day of the subscription period, unless extended by the
director. [1994 c 92 § 383; 1981 c 85 § 67.]
32.32.345 Copies of application for approval to be
filed. An applicant that desires to convert in accordance
with this chapter shall file copies of an application for
approval in the form and number prescribed by the director.
[1994 c 92 § 384; 1981 c 85 § 68.]
32.32.350 Nonacceptance and return of applications. Any application for approval that is improperly
executed, or that does not contain copies of a plan of
conversion, amendments to the charter of the applicant in the
form of new articles of incorporation, and preliminary
offering circulars for the subscription offering and for the
public offering or direct community marketing shall not be
accepted for filing and shall be returned to the applicant.
Any application for approval containing a materially incomplete plan of conversion or offering circular may be returned
by the director to the applicant. [1994 c 92 § 385; 1981 c
85 § 69.]
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.355 Continuity of corporate existence. Upon
the filing of the articles of incorporation of a converted
savings bank with the secretary of state in accordance with
RCW 32.32.485, the corporate existence of the mutual
savings bank converting to a stock savings bank pursuant to
this chapter shall not terminate but the converted savings
bank shall be deemed to be a continuation of the entity of
the mutual savings bank so converted having the same rights
and obligations as it had prior to the conversion. [1981 c 85
§ 70.]
32.32.360 Form of application. The form of the
application shall comply with the requirements of the
director. [1994 c 92 § 386; 1981 c 85 § 71.]
32.32.365 Representations upon filing of application. Except as provided in RCW 32.32.370, the filing of
any application or amendment thereto under this chapter
shall constitute a representation of the applicant by its duly
authorized representative, the applicant’s principal executive
officer, the applicant’s principal financial officer, and the
applicant’s principal accounting officer, and each member of
the applicant’s board of directors (whether or not the director
has signed the application or any amendment thereto)
severally that (1) he or she has read the application or
amendment, (2) in the opinion of each such person he or she
has made such examination and investigation as is necessary
to enable him or her to express an informed opinion that the
application or amendment complies to the best of his or her
knowledge and belief with the applicable requirements of
this chapter, and (3) each such person holds this informed
opinion. [1981 c 85 § 72.]
32.32.370 Representations upon filing of application—Exception. The representations specified in RCW
32.32.365 shall not be deemed to have been made by any
director of the applicant who did not sign the application or
any amendment thereto, if, and only to the extent that, the
director files with the director within ten business days after
the filing of the application or amendment a statement
describing those portions of the filing as to which he or she
does not so represent. [1994 c 92 § 387; 1981 c 85 § 73.]
32.32.375 Application to furnish information. Every
application shall furnish information in accordance with this
chapter and with the requirements and forms prescribed by
the director. [1994 c 92 § 388; 1981 c 85 § 74.]
32.32.380 Application—Additional information
required. In addition to the information expressly required
to be included in any application under this chapter, there
shall be added such further material information, if any, as
may be necessary to make the required statements, in the
light of the circumstances under which they are made, not
misleading. [1981 c 85 § 75.]
32.32.385 Omission of certain information permitted—Conditions. Information required need be given only
insofar as it is known or reasonably available to the applicant. If any required information is unknown and not
(2002 Ed.)
32.32.355
reasonably available to the applicant, either because the
obtaining thereof would involve unreasonable effort or
expense or because it rests peculiarly within the knowledge
of another person not affiliated with the applicant, the information may be omitted, subject to the following conditions:
(1) The applicant shall give such information on the
subject as it possesses or can acquire without unreasonable
effort or expense, together with the sources thereof.
(2) The applicant shall include a statement either
showing that unreasonable effort or expense would be
involved or indicating the absence of any affiliation with the
person within whose knowledge the information rests and
stating the result of a request made to the person for the
information. [1981 c 85 § 76.]
32.32.390 Offering circular—Certain manner of
presentation of required information prohibited. The
information required in an offering circular shall not be set
forth in such fashion as to obscure any of the required
information or any information necessary to keep the
required information from being incomplete or misleading.
[1981 c 85 § 77.]
32.32.395 Form and contents of filings. The form
and contents of any filing made under this chapter need
conform only to the applicable requirements and forms prescribed by the director then in effect, and contain the
information, including financial statements, required at the
time the filing is made, notwithstanding subsequent changes,
except as otherwise provided in any such amendment or in
RCW 32.32.400. [1994 c 92 § 389; 1981 c 85 § 78.]
32.32.400 Conformance required to order prohibiting the use of any filing. Whenever the director prohibits
by order or otherwise the use of any filing under this
chapter, the form and contents of any filing used thereafter
shall conform to the requirements of the order. [1994 c 92
§ 390; 1981 c 85 § 79.]
32.32.405 Application—Certain named persons—
Filing of written consent required. (1) If any accountant,
attorney, investment banker, appraiser, or other persons
whose professions give authority to a statement made in any
application under this chapter is named as having prepared,
reviewed, passed upon, or certified any part thereof, or any
report or valuation for use in connection therewith, the
written consent of the person shall be filed with the application. If any portion of a report of an expert is quoted or
summarized as such in any filing under this chapter, the
written consent of the expert shall expressly state that the
expert consents to this quotation or summarization.
(2) All written consents filed pursuant to this section
shall be dated and signed manually. A list of the consents
shall be filed with the application. Where the consent of the
expert is contained in the expert’s report, a reference shall be
made in the list to the report containing the consent. [1981
c 85 § 80.]
32.32.410 Offering circular—Certain named
persons—Filing of written consent required. If any
person who has not signed an application is named in the
[Title 32 RCW—page 41]
32.32.410
Title 32 RCW: Mutual Savings Banks
offering circular as about to become a director, the written
consent of this person shall be filed with the director in the
form the director prescribes. [1994 c 92 § 391; 1981 c 85
§ 81.]
(3) Without limitation on the generality of its meaning,
the term "security" includes nontransferable subscription
rights issued to a plan of conversion. [1981 c 85 § 86.]
32.32.415 Date of receipt—Date of filing. The date
on which any documents are actually received by the office
of the director of financial institutions shall be the date of
filing thereof. [1994 c 92 § 392; 1981 c 85 § 82.]
32.32.440 Certain agreement to transfer and
transfers of ownership in rights or securities prohibited.
Prior to completion of a conversion, no person may transfer
or enter into any agreement or understanding to transfer the
legal or beneficial ownership of conversion subscription
rights, or the underlying securities, to the account of another.
[1981 c 85 § 87.]
32.32.420 Availability for conferences in advance of
filing of application—Refusal of prefiling review. (1) The
staff of the director shall be available for conferences with
prospective applicants or their representatives in advance of
filing an application to convert. These conferences may be
held for the purpose of discussing generally the problems
confronting an applicant in effecting conversion or to resolve
specific problems of an unusual nature.
(2) Prefiling review of an application may be refused by
the staff of the director if the review would delay the
examination and processing of material which has already
been filed or would favor certain applicants at the expense
of others. In any conference under this section, the staff of
the director shall not undertake to prepare material for filing
but shall limit itself to indicating the kind of information
required, leaving the actual drafting to the applicant and its
representatives. [1994 c 92 § 393; 1981 c 85 § 83.]
32.32.425 Appeal from refusal to approve application. From the director of financial institutions’ refusal to
approve an application for conversion, the applicant may,
within thirty days from the date of the mailing by the
director of financial institutions of notice of refusal to
approve, appeal to a board of appeal composed of the
governor or the governor’s designee, the attorney general,
and the director of financial institutions by filing in the
office of the director of financial institutions a notice that it
appeals to this board from the director of financial
institutions’ refusal. The procedure upon the appeal shall be
such as the board may prescribe, and its determination shall
be certified, filed, and recorded in the same manner as the
director of financial institutions’, and shall be final. [1994
c 92 § 394; 1981 c 85 § 84.]
32.32.430 Postconversion reports. The applicant
shall file such postconversion reports concerning its conversion as the director may require. [1994 c 92 § 395; 1981 c
85 § 85.]
32.32.435 Definitions. For purposes of RCW
32.32.440 through 32.32.475, the following definitions shall
apply:
(1) The term "offer" includes every offer to buy or
acquire, solicitation of an offer to sell, tender offer for, or
request or invitation for tenders of, a security or interest in
a security for value.
(2) The term "person" means an individual, a group
acting in concert, a corporation, a partnership, an association,
a joint stock company, a trust, and any unincorporated
organization or similar company.
[Title 32 RCW—page 42]
32.32.445 Certain offers and announcements on
securities prohibited. Prior to completion of a conversion,
no person may make any offer, or announcement of an offer
or intent to make an offer, for any security of a converting
savings bank issued or to be issued in connection with the
conversion. [1981 c 85 § 88.]
32.32.450 Certain offers and acquisitions prohibited. No person for a period of three years following the date
of the conversion may directly or indirectly offer to acquire
or acquire the beneficial ownership of more than ten percent
of any class of an equity security of any savings bank
converted in accordance with this chapter without the prior
written approval of the director of financial institutions.
[1994 c 92 § 396; 1981 c 85 § 89.]
32.32.455 Nonapplicability of RCW 32.32.440 and
32.32.445. RCW 32.32.440 and 32.32.445 shall not apply to
a transfer, agreement or understanding to transfer, offer, or
announcement of an offer or intent to make an offer which
(1) pertains only to securities to be purchased pursuant to
RCW 32.32.060, 32.32.150, or 32.32.175; and (2) has prior
written approval of the director. [1994 c 92 § 397; 1981 c
85 § 90.]
32.32.460 Nonapplicability of RCW 32.32.445 and
32.32.450. RCW 32.32.445 and 32.32.450 shall not apply to
any offer with a view toward public resale made exclusively
to the savings bank or underwriters or selling group acting
on its behalf. [1981 c 85 § 91.]
32.32.465 Nonapplicability of RCW 32.32.450.
Unless made applicable by the director by prior advice in
writing, the prohibition contained in RCW 32.32.450 shall
not apply to any offer or announcement of an offer which if
consummated would result in acquisition by a person,
together with all other acquisitions by the person of the same
class of securities during the preceding twelve-month period,
of not more than one percent of the same class of securities.
[1994 c 92 § 398; 1981 c 85 § 92.]
32.32.470 Approval of certain applications prohibited. The director shall not approve an application involving
an offer for, an announcement thereof, or an acquisition of
any security of a converted savings bank submitted under
RCW 32.32.450 if the director finds that the offer frustrates
the purposes of this chapter, is manipulative or deceptive,
subverts the fairness of the conversion, is likely to result in
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
injury to the savings bank, is not consistent with savings
banking under Title 32 RCW, or is otherwise violative of
law or regulation. [1994 c 92 § 399; 1981 c 85 § 93.]
32.32.475 Penalty for violations. For willful violation or assistance of such a violation of any provision of
RCW 32.32.440 through 32.32.470, any person who (1) has
any connection with the management of a converting or converted savings bank, including any director, officer, employee, attorney, or agent, or (2) controls more than ten percent
of the outstanding shares of any class of equity security or
voting rights thereto of a converting or converted savings
bank shall be subject to a civil penalty of not more than five
hundred dollars (which penalty shall be cumulative to any
other remedies) for each day that the violation continues,
which penalty the director may recover by suit or otherwise
for the director’s own use. The director in his or her
discretion may, at any time before collection of the penalty
(whether before or after the bringing of any action or other
legal proceedings, the obtaining of any judgment or other
recovery, or the issuance or levy of any execution or other
legal process thereof), compromise or remit in whole or in
part the penalty. [1994 c 92 § 400; 1981 c 85 § 94.]
32.32.480 Name of converted savings bank. A
savings bank shall not be forbidden or required to change its
corporate name as a result of its conversion pursuant to this
chapter. [1994 c 256 § 107; 1981 c 85 § 95.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.485 Amendments to charter required in
application—Articles of incorporation—Filing of certificate required—Contents—Issuance and filing of authorization certificate. (1) An application for conversion under
this chapter shall include amendments to the charter of the
converting savings bank. The charter of the converted
savings bank, as amended, shall be known after the conversion as the articles of incorporation of the converted savings
bank. The articles of incorporation may limit or permit the
preemptive rights of a shareholder to acquire unissued shares
of the converted savings bank and may thereafter by amendment limit, deny, or grant to shareholders of any class of
stock or of any series of preferred stock the preemptive right
to acquire additional shares of the converted savings bank
whether then or thereafter authorized. The articles of
incorporation may establish or may specify procedures, in
accordance with RCW 30.08.083, for the division of a class
of preferred stock into series. In addition to such provisions
and the provisions permitted pursuant to RCW 23B.17.030,
the articles of incorporation shall contain such other provisions not inconsistent with this chapter as the board of
directors of the converting savings bank may determine and
as shall be approved by the director of financial institutions.
(2) When all of the stock of a converting savings bank
has been subscribed for in accordance with the plan and any
amendments thereto, the board of trustees shall thereupon
issue the stock and shall cause to be filed with the director
of financial institutions, in triplicate, a certificate subscribed
by the persons who are to be directors of the converted
savings bank, stating:
(2002 Ed.)
32.32.470
(a) That all of the stock of the converted mutual savings
bank has been issued;
(b) That the attached articles of incorporation have been
executed by all of the persons who are to be directors of the
converted mutual savings bank;
(c) The place where the bank is to be located and its
business transacted, naming the city or town and county,
which city or town shall be the same as that where the
principal place of business of the mutual savings bank has
theretofore been located;
(d) The name, occupation, residence, and post office
address of each signer of the certificate; and
(e) The amount of the assets of the mutual savings
bank, the amount of its liabilities, and the amount of its
guaranty fund and nondivided profits as of the first day of
the current calendar month.
(3) Upon the filing of the certificate in triplicate, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that the corporation has complied with
all the provisions of this chapter, issue in triplicate an
authorization certificate stating that the corporation has
complied with all the requirements of law, and that it has
authority to transact at the place designated in its articles of
incorporation the business of a converted mutual savings
bank. One of the director of financial institutions’ certificates of authorization shall be attached to each of the articles
of incorporation, and one set of these shall be filed and
retained by the director of financial institutions, one set shall
be filed in the office of the secretary of state, and one set
shall be transmitted to the bank for its files. Upon the
receipt from the corporation of the same fees as are required
for filing and recording other incorporation certificates or
articles the secretary of state shall record the same; whereupon the conversion of the mutual savings bank shall be
deemed complete, the requirements of RCW 32.08.010
relating to the incorporation certificate of an unconverted
mutual savings bank shall no longer apply, and the signers
of the articles of incorporation and their successors shall be
a corporation having the powers and being subject to the
duties and obligations prescribed by the laws of this state
applicable to converted mutual savings banks, and the time
of existence of the corporation shall be perpetual, unless
terminated pursuant to law. [1994 c 256 § 108; 1994 c 92
§ 401; 1981 c 85 § 96.]
Reviser’s note: This section was amended by 1994 c 92 § 401 and
by 1994 c 256 § 108, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.490 Amendments to articles of incorporation.
(1) Amendments to the articles of incorporation of the
converted savings bank shall be made only with the approvals of the director, of two-thirds of the directors of the
savings bank, and of the holders of a majority of each class
of the outstanding shares of capital stock or such greater
percentage of these shares as may be specified in the articles
of the converted savings bank.
(2) Unless the articles of incorporation provide otherwise, the board of directors of a savings bank may, by
majority vote, amend the savings bank’s articles of incorporation as provided in this section without shareholder action:
[Title 32 RCW—page 43]
32.32.490
Title 32 RCW: Mutual Savings Banks
(a) If the savings bank has only one class of shares
outstanding, to provide, change, or eliminate any provision
with respect to the par value of any class of shares;
(b) To delete the name and address of the initial
directors;
(c) If the savings bank has only one class of shares
outstanding, solely to change the number of authorized
shares to effectuate a split of, or stock dividend in, the
savings bank’s own shares, or solely to do so and to change
the number of authorized shares in proportion thereto;
(d) To change the savings bank’s name; or
(e) To make any other change expressly permitted by
this title to be made without shareholder action. [1994 c 256
§ 109; 1994 c 92 § 402; 1985 c 56 § 28; 1981 c 85 § 97.]
Reviser’s note: This section was amended by 1994 c 92 § 402 and
by 1994 c 256 § 109, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.495 Directors—Election—Meetings—
Quorum—Oath—Vacancies. (1) Every converted savings
bank shall be managed by not less than five directors, except
that a bank having a capital of fifty thousand dollars or less
may have only three directors. Directors shall be elected by
the stockholders and hold office for one year and until their
successors are elected and have qualified. In the first
instance the directors shall be those named in the articles of
incorporation and afterwards, those elected at the annual
meeting of the stockholders to be held at least once each
year on a day to be specified by the converted savings
bank’s bylaws but not later than May 15th of each year. If
for any cause an election is not held at that time, it may be
held at an adjourned meeting or at a subsequent meeting
called for that purpose in the manner prescribed by the
corporation’s bylaws. Each director shall be a resident of a
state of the United States. The directors shall meet at least
nine times each year and whenever required by the director.
A majority of the board of directors shall constitute a
quorum for the transaction of business. At all stockholders’
meetings, each share shall be entitled to one vote, unless the
articles of incorporation provide otherwise. Any stockholder
may vote in person or by written proxy.
(2) If the board of directors consists of nine or more
members, in lieu of electing the entire number of directors
annually, the converted savings bank’s articles of incorporation or bylaws may provide that the directors be divided into
either two or three classes, each class to be as nearly equal
in number as possible, the term of office of directors of the
first class to expire at the first annual meeting of shareholders after their election, that of the second class to expire at
the second annual meeting after their election, and that of the
third class, if any, to expire at the third annual meeting after
their election. At each annual meeting after such classification, the number of directors equal to the number of the
class whose term expires at the time of such meeting shall
be elected to hold office until the second succeeding annual
meeting, if there are two classes, or until the third succeeding annual meeting, if there are three classes. A classification of directors shall not be effective prior to the first
annual meeting of shareholders.
[Title 32 RCW—page 44]
(3) Each director, so far as the duty devolves upon him
or her, shall diligently and honestly administer the affairs of
the corporation and shall not knowingly violate or willingly
permit to be violated any provision of law applicable to the
corporation.
(4) A vacancy occurring in the board of directors may
be filled by the affirmative vote of a majority of the remaining directors. A director elected to fill a vacancy shall be
elected for the unexpired term of the director’s predecessor
in office. A directorship to be filled by reason of an
increase in the number of directors may be filled by the
board of directors for a term of office continuing only until
the next election of directors by the shareholders. [1994 c
256 § 110; 1994 c 92 § 403; 1985 c 56 § 29; 1983 c 44 § 3;
1981 c 85 § 98.]
Reviser’s note: This section was amended by 1994 c 92 § 403 and
by 1994 c 256 § 110, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.497 Conversions incident to acquisition by
savings bank holding company or merger or consolidation with savings bank holding company subsidiary—
Application of RCW 32.32.110 and 32.32.115. (1) In a
conversion of an unconverted mutual savings bank that is in
the process of acquisition by a savings bank holding company or in the process of merger or consolidation with a
subsidiary of a savings bank holding company, the restrictions imposed by RCW 32.32.110 on resale of stock apply
to shares of the holding company purchased on original issue
by any director or officer of the converting savings bank that
is in the process of acquisition, merger, or consolidation, and
the restrictions imposed by this chapter apply to the ownership of capital stock in the holding company with the same
force and effect as they would apply to the ownership of
capital stock of the unconverted mutual savings bank if
shares of this savings bank were offered to depositors or the
public pursuant to this chapter.
(2) The tender of shares by directors and officers of a
converted savings bank in exchange for shares of another
converted savings bank, or for shares of a holding company,
do not constitute a sale for purposes of RCW 32.32.110.
However, the restrictions of RCW 32.32.110 and 32.32.115
apply to the resale of the shares they receive in such an
exchange with the same force and effect as to the shares of
the converted savings bank they purchased on original issue
for a period of three years following the date of such
purchase on original issue. [1985 c 56 § 30.]
32.32.500 Merger, consolidation, conversion, etc.—
Approval—Concentration limits. (1) A savings bank may
merge with, consolidate with, convert into, acquire a branch
or branches of, or sell its branch or branches to any depository institutions as defined in 12 U.S.C. Sec. 461 or financial
institution chartered or authorized to do business under the
laws of any state, territory, province, or other jurisdiction of
the United States or another nation, or to a holding company
or subsidiary thereof, subject to the approval of (a) the
director of financial institutions if the surviving institution is
one chartered under Title 30, 31, 32, or 33 RCW, or (b) if
the surviving institution is to be a bank, savings bank,
(2002 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
savings and loan association, or other depository institution
that is federally chartered under the laws of the United
States, the federal regulatory authority having jurisdiction
over the transaction under the applicable laws, or (c) if the
surviving institution is to be a bank, savings bank, savings
and loan association, or other depository or financial institution that is chartered under the laws of another state or
territory of the United States, the regulatory authority having
jurisdiction over that transaction under the applicable laws,
or (d) if the surviving institution is to be a bank, savings
bank, savings and loan association, or other depository or financial institution that is chartered under the laws of a nation
other than the United States or of a state, territory, province,
or other jurisdiction of such nation, the director of financial
institutions, or (e) if the surviving institution is to be a bank
holding company, the Federal Reserve Board or its successor
under 12 U.S.C. Sec. 1842 (a) and (d).
(2) In the case of a liquidation, acquisition, merger,
consolidation, or conversion of a converted savings bank,
chapter 32.34 RCW shall apply.
(3) The concentration limits applicable to these transactions, pursuant to 12 U.S.C. Sec. 1831u(b)(2)(C) with respect
to interstate transactions, shall be those imposed pursuant to
12 U.S.C. Sec. 1828(c)(5), as applied by the federal regulatory authority having jurisdiction over that transaction under
the applicable law, in lieu of the concentration limits of 12
U.S.C. Sec. 1831u(b)(2)(B). [1999 c 14 § 30; 1996 c 2 §
28. Prior: 1994 c 256 § 111; 1994 c 92 § 404; 1985 c 56
§ 31; 1981 c 85 § 99.]
Severability—1999 c 14: See RCW 32.35.900.
Severability—1996 c 2: See RCW 30.38.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.505 Intent—References in the Revised Code
of Washington. (1) It is the intention of the legislature to
grant, by this chapter, authority to permit conversions by
mutual savings banks to capital stock form, and the rights,
powers, restrictions, limitations, and requirements of Title 32
RCW shall apply to a converted mutual savings bank except
that, in the event of conflict between the provisions of this
chapter and other provisions of Title 32 RCW, the other
provisions shall be construed in favor of the accomplishment
of the purposes of this chapter.
(2) References in the Revised Code of Washington as of
the most recent effective date of any amendment, to mutual
savings banks shall refer also to stock savings banks.
References in the Revised Code of Washington to the board
of trustees of a mutual savings bank shall refer also to the
board of directors of a stock savings bank. The provisions
of Title 30 RCW shall not apply to a converted savings bank
except insofar as the provisions would apply to a mutual
savings bank. [1994 c 256 § 112; 1985 c 56 § 32; 1981 c
85 § 100.]
need be made to the guaranty fund by the converted savings
bank after conversion. When any provision of any other
chapter of this title refers to the amount of the guaranty fund
for the purpose of determining the extent of the authority of
a savings bank, and not for purposes of prescribing the use
of funds in or contributions to the guaranty fund, such
provision shall be deemed to refer to an amount including
capital surplus and paid-in capital of a stock savings bank.
[1994 c 256 § 113; 1981 c 85 § 102.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.520 "Funds" defined. The "funds" of a
converted savings bank, as the term is used in Title 32
RCW, shall mean deposits, sums credited to the liquidation
account, capital stock, the principal balance of any outstanding capital notes, capital debentures, borrowings, undivided
profits and income derived from the foregoing or the
proceeds of the foregoing as listed in this section. [1999 c
14 § 31; 1981 c 85 § 103.]
Severability—1999 c 14: See RCW 32.35.900.
32.32.525 Prohibition on certain securities and
purchases—Exception. After July 26, 1981, no converted
savings bank may make any loan or discount on the security
of its own capital stock, nor be the purchaser or holder of
any such shares, unless the security or purchase is necessary
to prevent loss upon a debt previously contracted in good
faith, in which case the stocks so purchased or acquired shall
be sold at public or private sale, or otherwise disposed of,
within six months from the time of its purchase or acquisition. The prohibitions of this section do not apply to a
purchase of shares approved by the director pursuant to
RCW 32.32.210. [1994 c 92 § 405; 1983 c 44 § 4; 1981 c
85 § 104.]
32.32.900 Severability—1981 c 85. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1981 c 85 § 107.]
Chapter 32.34
MERGER, CONSOLIDATION, CONVERSION, ETC.
(Formerly: Conversion between domestic and
federal savings bank)
Sections
32.34.010
32.34.020
32.34.025
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.34.030
32.32.515 Guaranty fund. The guaranty fund of a
mutual savings bank converted under this chapter shall
become surplus of the converted savings bank, but shall not
be available after conversion for purposes other than those
purposes for which a guaranty fund may be used by a
mutual savings bank under Title 32 RCW. No contribution
32.34.040
(2002 Ed.)
32.32.500
32.34.050
32.34.060
Conversion of domestic savings bank—Rights, powers, etc.,
of successor institution.
Conversion of federal savings bank, national bank, or state
commercial bank to domestic savings bank.
Conversion of stock savings bank to savings bank without
capital stock.
Savings banks converted to stock form—Voluntary liquidation, transfer of assets, merger, consolidation, etc.—
Approval of directors and shareholders.
Savings bank holding companies—Savings bank subsidiaries.
Business trusts for the benefit of depositors.
Voluntary liquidation, conversion, acquisition, merger, and
consolidation—Right of dissenting shareholder to receive value of shares—Determination.
[Title 32 RCW—page 45]
32.34.010
Title 32 RCW: Mutual Savings Banks
32.34.010 Conversion of domestic savings bank—
Rights, powers, etc., of successor institution. (1) A
domestic savings bank formed or converted under this title
may convert itself into a state or federal credit union or a
federal mutual or stock savings bank, national bank or,
within the meaning of chapter 30.49 RCW, a resulting state
bank. The conversion shall be effected, notwithstanding any
restrictions, limitations, and requirements of law:
(a) In the case of the conversion of a mutual savings
bank without capital stock to a state or federal credit union
or a federal mutual savings bank, by the vote of two-thirds
of the trustees at a regular or special meeting of the trustees
called for such purpose;
(b) In the case of the conversion of a stock savings bank
to a federal stock savings bank, national bank or, within the
meaning of chapter 30.49 RCW, a resulting state bank, by
the vote of a majority of the stockholders present, in person
or by proxy, at a regular or special meeting of the stockholders called for such purpose;
(c) In the case of the conversion of a savings bank to a
federal credit union, federal savings bank, or national bank,
in compliance with the procedure, if any, prescribed by the
laws of the United States.
(2) Notice of the meeting, stating the purpose thereof,
shall be given the director at least thirty days prior to the
meeting. If the conversion is authorized by the trustees or
stockholders at the meeting, the trustees or stockholders are
authorized and shall effect such action, and the officers of
the savings bank shall execute all proper conveyances,
documents, and other papers necessary or proper thereunto.
If conversion is authorized, a copy of the minutes of the
meeting shall be filed forthwith with the director.
(3) Upon consummation of the conversion, the successor
credit union, federal savings bank, national bank, or resulting
state bank shall succeed to all right, title, and interest of the
mutual or stock bank, respectively, in and to its assets and
to its liabilities to the creditors of the savings bank. Upon
the conversion, after the execution and delivery of all
instruments of transfer, conveyance, and assignment, the
domestic savings bank shall be deemed dissolved.
(4) Every federal savings bank, the home office of
which is located in this state, and the savings accounts
therein, have all the rights, powers, and privileges and are
entitled to the same immunities and exemptions as pertain to
savings banks organized under the laws of this state. [1999
c 14 § 32; 1994 c 92 § 406; 1983 c 45 § 1.]
Severability—1999 c 14: See RCW 32.35.900.
32.34.020 Conversion of federal savings bank,
national bank, or state commercial bank to domestic
savings bank. (1) A federal savings bank, the home office
of which is located in this state, a national bank, the head
office of which is located in this state, or a state commercial
bank incorporated under chapter 30.08 RCW or resulting
under chapter 30.49 RCW may convert itself into a domestic
savings bank under this title upon approval by the director.
For any such conversion, the federal savings bank, national
bank, or state commercial bank shall proceed as provided in
this chapter for the conversion of a domestic savings bank
into a federal savings bank, national bank, or resulting bank
under chapter 30.49 RCW. The conversion shall be effected
[Title 32 RCW—page 46]
by the vote of a majority of the members or stockholders
present, in person or by proxy, at a regular or special
meeting of the members or stockholders called for such purpose.
(2) Upon consummation of the conversion, the successor
domestic savings bank shall succeed to all right, title, and
interest of the federal savings bank in and to its assets, and
to its liabilities to the creditors of such federal savings bank,
national bank, or a state bank. [1999 c 14 § 33; 1994 c 92
§ 407; 1983 c 45 § 2.]
Severability—1999 c 14: See RCW 32.35.900.
32.34.025 Conversion of stock savings bank to
savings bank without capital stock. (1) The conversion of
a stock savings bank to a savings bank without capital stock
requires the affirmative vote or written consent of two-thirds
of the directors of the savings bank and requires the affirmative vote of two-thirds of the outstanding stock of the
savings bank. The conversion shall proceed as prescribed in
chapter 32.32 RCW subject to the authority of the director
under RCW 32.32.010 and is complete upon the payment
into the guaranty fund of the resulting savings bank without
capital stock of any surplus remaining after satisfaction of all
debts and liabilities of the savings bank, including but not
limited to liabilities to dissenting shareholders under RCW
32.34.060.
(2) Any stock savings bank may provide in its articles
of incorporation for a higher percentage of affirmative
shareholder votes to approve a conversion to a savings bank
without capital stock. [1999 c 14 § 34.]
Severability—1999 c 14: See RCW 32.35.900.
32.34.030 Savings banks converted to stock form—
Voluntary liquidation, transfer of assets, merger, consolidation, etc.—Approval of directors and shareholders. (1)
The voluntary liquidation of a mutual savings bank converted to the stock form requires the affirmative vote or written
consent of two-thirds of the directors of the converted
savings bank, requires the affirmative vote of two-thirds of
the outstanding stock of the savings bank, shall proceed as
prescribed in chapter 32.24 RCW, and shall be complete
upon the payment of any surplus remaining, after satisfaction
of all debts and liabilities of the savings bank, to shareholders in accordance with their legal rights to such surplus.
(2) A savings bank which has converted to the stock
form may sell all its assets and transfer all its liabilities upon
the affirmative vote or with the written consent of two-thirds
of its directors, and upon the affirmative vote of the holders
of two-thirds of the outstanding voting shares in each class
entitled to vote.
(3) Any merger or consolidation involving a mutual
savings bank converted to stock form requires approval by
two-thirds of the directors and by the holders of a majority
of the outstanding voting shares in each class except that a
merger or consolidation approved by two-thirds of the outstanding voting shares in each class requires approval by
only a majority of the directors of the converted savings
bank, and except as provided in subsection (4) of this
section.
(4) A savings bank that has converted to the stock form
may engage in a consolidation or merger upon the affirma(2002 Ed.)
Merger, Consolidation, Conversion, Etc.
tive vote of two-thirds of its directors, if (a) the transaction
is with a wholly-owned subsidiary of the converted savings
bank, or (b)(i) the transaction is incident to the establishment
of a holding company pursuant to RCW 32.34.040 or 12
U.S.C. Sec. 1467a, (ii) each shareholder will, immediately
after the effective date of such transaction, hold the same
number of shares of the holding company, with substantially
the same designations, preferences, limitations, and rights, as
the shares of the converted savings bank that the shareholder
held immediately before the effective date, and (iii) the
number of authorized shares of the holding company will,
immediately after the effective date, be the same as the
number of authorized shares of the converted savings bank
immediately before the effective date, or (c)(i) the total
assets of the converted savings bank, immediately prior to
the effective date of the transaction, exceed two-thirds of the
assets of the institution that would result from the transaction
and (ii) the converted savings bank will survive the transaction without its shareholders surrendering their shares of
stock in the converted savings bank.
(5) Any converted savings bank may provide in its
articles of incorporation for a higher percentage of affirmative shareholder votes to approve any liquidation, sale of
assets, merger, or consolidation. [1994 c 256 § 115; 1985
c 56 § 33.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.34.040 Savings bank holding companies—
Savings bank subsidiaries. (1) No savings bank having
capital stock may establish a holding company to own all its
stock without the approval of the director. Upon tender of
their shares of the converted savings bank, the shareholders
of the savings bank shall receive all the shares of the holding
company which are outstanding at the time of this tender.
(2) Any company owning more than twenty-five percent
of the outstanding voting stock of a savings bank doing
business under this Title 32 RCW shall, in addition to the
restrictions of RCW 32.32.228, be subject to regulation as a
savings bank holding company. Any savings bank holding
company which is not subject to regulation by the federal
reserve board or the federal home loan bank board, and all
holding company subsidiaries engaging in businesses which
are not subject to regulation or licensing by the federal home
loan bank board, the director, the commissioner of insurance,
or the administrator authorized to regulate loan companies
doing business under Title 31 RCW, will be subject to such
regulation of accounting practices and of the qualifications
of directors and officers, and such inspection and visitation
by the director as the director shall deem appropriate, subject
to the limitations imposed on regulation, inspection, and
visitation of a savings bank under this title. In addition, any
savings bank holding company and all holding company
subsidiaries will be subject to visitation by the director as
such shall deem appropriate, subject to the limitations
imposed on visitation of a savings bank under this Title 32
RCW and under the supremacy clause of the Constitution of
the United States. The savings bank subsidiary of this
holding corporation may engage in subsequent mergers,
consolidations, acquisitions, and conversions, only to the
extent authorized by RCW 32.32.500, and only upon
(2002 Ed.)
32.34.030
complying with the applicable requirements in RCW
32.34.030 and this chapter.
(3) In the event a savings bank forms a subsidiary to
carry out any of the powers of savings banks under this title,
any institution with which this subsidiary merges shall
continue to be subject to regulation, inspection, and visitation
by the director if the subsidiary is authorized to do business
by Title 33 RCW. [1994 c 92 § 408; 1985 c 56 § 34.]
32.34.050 Business trusts for the benefit of depositors. A savings bank not having capital stock may establish
a business trust for the benefit of its depositors, with the
approval of the director and subject to such rules as the
director may adopt. The director may permit this business
trust to become a mutual holding company owning all shares
of an interim stock savings bank, the sole purpose of which
shall be to merge into the mutual savings bank that formed
the business trust. The depositors in an unconverted savings
bank which has merged with the subsidiary of such a mutual
holding company, in the event of a later conversion of this
mutual holding company to the stock form, shall retain all
their rights to their deposits in the savings bank, and shall
also receive, without payment, nontransferrable rights to
subscribe for the stock of the holding company, and rights
to a liquidation account maintained by the holding company
in proportion to their deposits in the savings bank, to the
same extent that they would receive these rights in a stock
conversion of the savings bank as prescribed in chapter
32.32 RCW. [1994 c 92 § 409; 1985 c 56 § 35.]
32.34.060 Voluntary liquidation, conversion,
acquisition, merger, and consolidation—Right of dissenting shareholder to receive value of shares—
Determination. (1) Any holder of shares of a savings bank
shall be entitled to receive the value of these shares, as specified in subsection (2) of this section, if (a) the savings bank
is voluntarily liquidating, converting to a savings bank
without capital stock, being acquired, merging, or consolidating, (b) the shareholder voted, in person or by proxy, against
the liquidation, conversion, acquisition, merger, or consolidation, at a meeting of shareholders called for the
purpose of voting on such transaction, and (c) the shareholder delivers a written demand for payment, with the stock
certificates, to the savings bank within thirty days after such
meeting of shareholders. The value of shares shall be paid
in cash, within ten days after the later of the effective date
of the transaction or the completion of the appraisal as
specified in subsection (2) of this section.
(2) The value of such shares shall be determined as of
the close of business on the business day before the
shareholders’ meeting at which the shareholder dissented, by
three appraisers, one to be selected by the owners of twothirds of the dissenting shares, one by the board of directors
of the institution that will survive the transaction, and the
third by the two so chosen. The valuation agreed upon by
any two appraisers shall govern. If such appraisal is not
completed by the later of the effective date of the transaction
or the thirty-fifth day after receipt of the written demand and
stock certificates, the director shall cause an appraisal to be
made.
[Title 32 RCW—page 47]
32.34.060
Title 32 RCW: Mutual Savings Banks
(3) The dissenting shareholders shall bear, on a pro rata
basis based on the number of dissenting shares owned, the
cost of their appraisal and one-half of the cost of a third
appraisal, and the surviving institution shall bear the cost of
its appraisal and one-half the cost of the third appraisal. If
the director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the surviving institution, with the dissenting shareholders sharing their half of the cost on a pro rata basis
based on the number of dissenting shares owned.
The institution that is to survive the transaction may fix
an amount which it considers to be not more than the fair
market value of the shares of a savings bank at the time of
the stockholder’s meeting approving the transaction, which
it will pay dissenting shareholders entitled to payment in
cash. The amount due under such accepted offer or under
the appraisal shall constitute a debt of the surviving institution. [1999 c 14 § 35; 1994 c 256 § 116; 1985 c 56 § 36.]
Severability—1999 c 14: See RCW 32.35.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 32.35
STOCK SAVINGS BANKS
Sections
32.35.010
32.35.020
32.35.030
32.35.040
32.35.050
32.35.055
32.35.060
32.35.070
32.35.080
32.35.090
32.35.900
Incorporators—Paid-in capital stock, surplus, and undivided
profits—Requirements.
Notice of intention to organize—Proposed articles of incorporation—Contents.
Investigation.
Notice to file articles—Articles approved or refused—
Hearing.
Approved articles to be filed and recorded—Organization
complete.
Amending articles—Filing with director—Contents.
Certificate of authority—Issuance—Contents.
Failure to commence business—Effect—Extension of time.
Extension of existence—Application—Investigation—
Certificate—Appeal—Winding up for failure to continue
existence.
Shares—Certificates not required.
Severability—1999 c 14.
32.35.010 Incorporators—Paid-in capital stock,
surplus, and undivided profits—Requirements. When
authorized by the director, one or more natural persons, citizens of the United States, may incorporate a stock savings
bank in the manner prescribed under this chapter. No stock
savings bank may incorporate for less amount nor commence
business unless it has a paid-in capital stock, surplus and
undivided profits in the amount as may be determined by the
director after consideration of the proposed location, management, and the population and economic characteristics for
the area, the nature of the proposed activities and operation
of the stock savings bank, and other factors deemed pertinent
by the director. Before commencing business, each stock
savings bank shall have subscribed and paid into it in the
same manner as is required for capital stock, an amount
equal to at least ten percent of the capital stock required, that
shall be carried in the undivided profit account and may be
used to defray organization and operating expenses of the
company. Any sum not so used shall be transferred to the
surplus fund of the company before any dividend shall be
declared to the stockholders. [1999 c 14 § 1.]
[Title 32 RCW—page 48]
32.35.020 Notice of intention to organize—Proposed
articles of incorporation—Contents. Persons desiring to
incorporate a stock savings bank shall file with the director
a notice of their intention to organize a stock savings bank
in such form and containing such information as the director
shall require, together with proposed articles of incorporation, which shall be submitted for examination to the director
at his or her office.
The proposed articles of incorporation shall state:
(1) The name of the stock savings bank;
(2) The city, village, or locality and county where the
head office of the corporation is to be located;
(3) The nature of its business, that of a stock savings
bank;
(4) The amount of its capital stock, which shall be
divided into shares of a par or no par value as may be
provided in the articles of incorporation;
(5) The names and places of residence and mailing
addresses of the persons who as directors are to manage the
corporation until the first annual meeting of its stockholders;
(6) If there is to be preferred or special classes of stock,
a statement of preferences, voting rights, if any, limitations
and relative rights in respect of the shares of each class; or
a statement that the shares of each class shall have the
attributes as shall be determined by the stock savings bank’s
board of directors from time to time with the approval of the
director;
(7) Any provision granting the shareholders the preemptive right to acquire additional shares of the stock savings
bank and any provision granting shareholders the right to
cumulate their votes;
(8) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the affairs of the corporation, including
any provision restricting the transfer of shares, any provision
which under this title is required or permitted to be set forth
in the bylaws, and any provision permitted by RCW
23B.17.030;
(9) Any provision the incorporators elect to so set forth,
not inconsistent with law or the purposes for which the stock
savings bank is organized, or any provision limiting any of
the powers granted in this title.
It is not necessary to set forth in the articles of incorporation any of the corporate powers granted in this title. The
articles of incorporation shall be signed by all of the incorporators. [1999 c 14 § 2.]
32.35.030 Investigation. When the notice of intention
to organize and proposed articles of incorporation complying
with RCW 32.35.020 have been received by the director,
together with the fees required by law, the director shall
ascertain from the best source of information at his or her
command and by such investigation as he or she may deem
necessary, whether the character, responsibility and general
fitness of the persons named in the articles are such as to
command confidence and warrant belief that the business of
the proposed stock savings bank will be honestly and
efficiently conducted in accordance with the intent and
purpose of this title, whether the resources in the neighborhood of such place and in the surrounding country afford a
reasonable promise of adequate support for the proposed
(2002 Ed.)
Stock Savings Banks
stock savings bank, and whether the proposed stock savings
bank is being formed for other than the legitimate objects
covered by this title. [1999 c 14 § 3.]
32.35.040 Notice to file articles—Articles approved
or refused—Hearing. After the director is satisfied of the
*above facts, and, within six months of the date the notice
of intention to organize has been received in his or her
office, the director shall notify the incorporators to file
executed articles of incorporation with the director in
triplicate. Unless the director otherwise consents in writing,
such articles shall be in the same form and shall contain the
same information as the proposed articles and shall be filed
with the director within ten days of such notice. Within
thirty days after the receipt of such articles of incorporation,
the director shall endorse upon each of the copies, over his
or her official signature, the word "approved," or the word
"refused," with the date of such endorsement. In case of
refusal the director shall immediately return one of the
copies, so endorsed, together with a statement explaining the
reason for refusal to the person from whom the articles were
received, which refusal shall be conclusive, unless the
incorporators, within ten days of the issuance of such notice
of refusal, shall request a hearing pursuant to the administrative procedure act, chapter 34.05 RCW. [1999 c 14 § 4.]
*Reviser’s note: The term "above facts" apparently refers to the
investigation required under RCW 32.35.030.
32.35.050 Approved articles to be filed and recorded—Organization complete. In case of approval the
director shall immediately give notice to the proposed
incorporators and file one of the copies of the articles of
incorporation in his or her own office, and shall transmit
another copy to the secretary of state, and the last to the
incorporators. Upon receipt from the proposed incorporators
of the fees as are required for filing and recording other
articles of incorporation, the secretary of state shall file and
record the articles. Upon the filing of articles of incorporation approved by the director with the secretary of state, all
persons named in the articles and their successors shall
become and be a corporation, which shall have the powers
and be subject to the duties and obligations prescribed by
this title, and whose existence shall continue from the date
of the filing of such articles until terminated pursuant to law;
but such corporation shall not transact any business except
as is necessarily preliminary to its organization until it has
received a certificate of authority. [1999 c 14 § 5.]
32.35.055 Amending articles—Filing with director—
Contents. A stock savings bank amending its articles of
incorporation shall deliver articles of amendment to the
director for filing as required for articles of incorporation.
The articles of amendment shall set forth:
(1) The name of the stock savings bank;
(2) The text of each amendment adopted;
(3) The date of each amendment’s adoption;
(4) If the amendment was adopted by the incorporators
or board of directors without shareholder action, a statement
to that effect and that shareholder action was not required;
and
(2002 Ed.)
32.35.030
(5) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 32.32.490. [1999
c 14 § 6.]
32.35.060 Certificate of authority—Issuance—
Contents. Before any stock savings bank is authorized to
do business, and within ninety days after approval of the
articles of incorporation or such other time as the director
may allow, it shall furnish proof satisfactory to the director
that such corporation has a paid-in capital in the amount
determined by the director, that the requisite surplus or
reserve fund has been accumulated or paid in cash, and that
it has in good faith complied with all the requirements of
law and fulfilled all the conditions precedent to commencing
business imposed by this title. If so satisfied, and within
thirty days after receipt of such proof, the director shall issue
under his or her hand and official seal, in triplicate, a
certificate of authority for such corporation. The certificate
shall state that the named corporation has complied with the
requirements of law and that it is authorized to transact the
business of a stock savings bank. However, the director may
make his or her issuance of the certificate to a stock savings
bank authorized to accept deposits, conditional upon the
granting of deposit insurance by the federal deposit insurance
corporation, and in such event, shall set out such condition
in a written notice which shall be delivered to the corporation.
One of the triplicate certificates shall be transmitted by
the director to the corporation and one of the other two shall
be filed by the director in the office of the secretary of state
and shall be attached to the articles of incorporation.
However, if the issuance of the certificate is made conditional upon the granting of deposit insurance by the federal
deposit insurance corporation, the director shall not transmit
or file the certificate until such condition is satisfied. [1999
c 14 § 7.]
32.35.070 Failure to commence business—Effect—
Extension of time. Every corporation authorized by the
laws of this state to do business as a stock savings bank,
which corporation shall have failed to organize and commence business within six months after certificate of
authority to commence business has been issued by the
director, shall forfeit its rights and privileges as such
corporation, which fact the director shall certify to the
secretary of state, and such certificate of forfeiture shall be
filed and recorded in the office of the secretary of state in
the same manner as the certificate of authority. However,
the director may, upon showing of cause satisfactory to him
or her, issue an order under his or her hand and seal extending for not more than three months the time within which
such organization may be effected and business commenced,
such order to be transmitted to the office of the secretary of
state and filed and recorded. [1999 c 14 § 8.]
32.35.080 Extension of existence—Application—
Investigation—Certificate—Appeal—Winding up for
failure to continue existence. At any time not less than one
year prior to the expiration of the time of the existence of
any mutual savings bank or stock savings bank, it may by
[Title 32 RCW—page 49]
32.35.080
Title 32 RCW: Mutual Savings Banks
written application to the director, signed and verified by a
majority of its directors and approved in writing by the
owners of not less than two-thirds of its capital stock, apply
to the director for leave to file amended articles of incorporation, extending its time of existence. Prior to acting upon
such application, the director shall make such investigation
of the applicant as he or she deems necessary. If the
director determines that the applicant is in sound condition,
that it is conducting its business in a safe manner and in
compliance with law and that no reason exists why it should
not be permitted to continue, he or she shall issue to the
applicant a certificate authorizing it to file amended articles
of incorporation extending the time of its existence until
such time as it be dissolved by the act of its shareholders
owning not less than two-thirds of its stock, or until its
certificate of authority becomes revoked or forfeited by reason of violation of law, or until its affairs be taken over by
the director for legal cause and finally wound up by him or
her. Otherwise the director shall notify the applicant that he
or she refuses to grant such certificate. The applicant may
appeal from such refusal in the same manner as in the case
of a refusal to grant an original certificate of authority.
Otherwise the determination of the director shall be conclusive.
Upon receiving a certificate, as hereinabove provided,
the applicant may file amended articles of incorporation,
extending the time of its existence for the term authorized,
to which shall be attached a copy of the certificate of the
director. Such articles shall be filed in the same manner and
upon payment of the same fees as for original articles of
incorporation.
Should any mutual savings bank or stock savings bank
fail to continue its existence in the manner provided and be
not previously dissolved, the director shall at the end of its
original term of existence immediately take possession of the
corporation and wind up its affairs in the same manner as in
the case of insolvency. [1999 c 14 § 9.]
32.35.090 Shares—Certificates not required. (1)
Shares of a stock savings bank may, but need not be,
represented by certificates. Unless this title expressly
provides otherwise, the rights and obligations of shareholders
are identical whether or not their shares are represented by
certificates. At a minimum, each share certificate must state
the information required to be stated and must be signed as
provided in RCW 23B.06.250 and/or 23B.06.270 for
corporations.
(2) Unless the articles of incorporation or bylaws
provide otherwise, the board of directors of a stock savings
bank may authorize the issue of some or all of the shares of
any or all of its classes or series without certificates. The
authorization does not affect shares already represented by
certificates until they are surrendered to the stock savings
bank.
(3) Within a reasonable time after the issue or transfer
of shares without certificates, the stock savings bank shall
send the shareholder a written statement of the information
required to be stated on certificates under subsection (1) of
this section. [1999 c 14 § 10.]
[Title 32 RCW—page 50]
32.35.900 Severability—1999 c 14. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1999 c 14 § 38.]
Chapter 32.40
COMMUNITY CREDIT NEEDS
Sections
32.40.010
32.40.020
32.40.030
32.40.900
32.40.901
Examinations—Investigation and assessment of performance
record in meeting community credit needs.
Approval and disapproval of applications—Consideration of
performance record in meeting community credit needs.
Adoption of rules.
Severability—1985 c 329.
Effective date—1985 c 329.
32.40.010 Examinations—Investigation and assessment of performance record in meeting community credit
needs. (1) In conducting an examination of a savings bank
chartered under Title 32 RCW, the director shall investigate
and assess the record of performance of the savings bank in
meeting the credit needs of the savings bank’s entire
community, including low and moderate-income neighborhoods. The director shall accept, in lieu of an investigation
or part of an investigation required by this section, any
report or document that the savings bank is required to
prepare or file with one or more federal agencies by the act
of Congress entitled the "Community Reinvestment Act of
1977" and the regulations promulgated in accordance with
that act, to the extent such reports or documents assist the
director in making an assessment based upon the factors outlined in subsection (2) of this section.
(2) In making an investigation required under subsection
(1) of this section, the director shall consider, independent of
any federal determination, the following factors in assessing
the savings bank’s record of performance:
(a) Activities conducted by the institution to ascertain
credit needs of its community, including the extent of the
institution’s efforts to communicate with members of its
community regarding the credit services being provided by
the institution;
(b) The extent of the institution’s marketing and special
credit related programs to make members of the community
aware of the credit services offered by the institution;
(c) The extent of participation by the institution’s board
of directors or board of trustees in formulating the
institution’s policies and reviewing its performance with
respect to the purposes of the Community Reinvestment Act
of 1977;
(d) Any practices intended to discourage applications for
types of credit set forth in the institution’s community
reinvestment act statement(s);
(e) The geographic distribution of the institution’s credit
extensions, credit applications, and credit denials;
(f) Evidence of prohibited discriminatory or other illegal
credit practices;
(g) The institution’s record of opening and closing
offices and providing services at offices;
(h) The institution’s participation, including investments,
in local community development projects;
(2002 Ed.)
Community Credit Needs
(i) The institution’s origination of residential mortgage
loans, housing rehabilitation loans, home improvement loans
and small business or small farm loans within its community, or the purchase of such loans originated in its community;
(j) The institution’s participation in governmentally
insured, guaranteed, or subsidized loan programs for housing, small businesses, or small farms;
(k) The institution’s ability to meet various community
credit needs based on its financial condition, size, legal
impediments, local economic condition, and other factors;
(l) Other factors that, in the judgment of the director,
reasonably bear upon the extent to which an institution is
helping to meet the credit needs of its entire community.
(3) The director shall include as part of the examination
report, a summary of the results of the assessment required
under subsection (1) of this section and shall assign annually
to each savings bank a numerical community reinvestment
rating based on a one through five scoring system. Such
numerical scores shall represent performance assessments as
follows:
(a) Excellent performance:
(b) Good performance:
(c) Satisfactory performance:
(d) Inadequate performance:
(e) Poor performance:
1
2
3
4
5
[1994 c 92 § 410; 1985 c 329 § 8.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.020 Approval and disapproval of applications—Consideration of performance record in meeting
community credit needs. Whenever the director must
approve or disapprove of an application for a new branch or
satellite facility; for a purchase of assets, a merger, an
acquisition or a conversion not required for solvency
reasons; or for authority to engage in a business activity, the
director shall consider, among other factors, the record of
performance of the applicant in helping to meet the credit
needs of the applicant’s entire community, including low and
moderate-income neighborhoods. Assessment of an
applicant’s record of performance may be the basis for
denying an application. [1994 c 92 § 411; 1985 c 329 § 9.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.010
Chapter 32.98
CONSTRUCTION
Sections
32.98.010
32.98.020
32.98.030
32.98.031
32.98.050
32.98.060
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 c 176.
Repeals and saving.
Emergency—1955 c 13.
32.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter and
relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[1955 c 13 § 32.98.010.]
32.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1955 c 13 § 32.98.020.]
32.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1955 c 13 §
32.98.030.]
32.98.031 Severability—1963 c 176. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1963 c 176 § 20.]
32.98.050
32.98.050.
Repeals and saving. See 1955 c 13 §
32.98.060 Emergency—1955 c 13. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1955 c 13 § 32.98.060.]
32.40.030 Adoption of rules. The director shall adopt
all rules necessary to implement RCW 32.40.010 and
32.40.020 by January 1, 1986. [1994 c 92 § 412; 1985 c
329 § 10.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.900
30.60.900.
Severability—1985 c 329. See RCW
32.40.901
30.60.901.
Effective date—1985 c 329. See RCW
(2002 Ed.)
[Title 32 RCW—page 51]
Title 33
SAVINGS AND LOAN ASSOCIATIONS
Chapters
33.04
33.08
33.12
33.16
33.20
33.24
33.28
33.32
33.36
33.40
33.43
33.44
33.46
33.48
33.54
General provisions.
Organization—Articles—Bylaws.
Powers and restrictions.
Directors, officers and employees.
Members—Savings.
Loans and investments.
Fees and taxes.
Foreign associations.
Prohibited acts—Penalties.
Insolvency, liquidation, merger.
Conversion to and from federal association.
Conversion to mutual savings bank.
Conversion of savings bank or commercial
bank to association.
Stock associations.
Satellite facilities.
Age of majority: Chapter 26.28 RCW.
Assignment for benefit of creditors: Chapter 7.08 RCW.
Bonds and notes of federal agencies as investment and collateral: Chapter
39.60 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Corporation fees, in general: Chapter 23B.01 RCW.
Corporations: Titles 23B, 24 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Department of financial institutions: Chapter 43.320 RCW.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
False representations: Chapter 9.38 RCW.
Home loan bank
as depositary: RCW 30.32.040.
may borrow from: RCW 30.32.030.
Husband and wife, rights, liabilities: Chapter 26.16 RCW.
Indemnification of officers, directors, employees, etc., by corporation,
insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
Interest and usury in general: Chapter 19.52 RCW.
Investment
in federal home loan bank stock or bonds authorized: RCW 30.32.020.
of county funds not required for immediate expenditures, service fee:
RCW 36.29.020.
of funds of school districts—Service fee: RCW 28A.320.320.
Joint tenants, simultaneous death: RCW 11.05.030.
Master license system exemption: RCW 19.02.800.
Mortgages: Title 61 RCW.
Powers of appointment: Chapter 11.95 RCW.
Real property and conveyances: Title 64 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
(2002 Ed.)
Chapter 33.04
GENERAL PROVISIONS
Sections
33.04.002
33.04.005
33.04.011
33.04.020
33.04.025
33.04.030
33.04.042
33.04.044
33.04.046
33.04.048
33.04.052
33.04.054
33.04.060
33.04.070
33.04.090
33.04.110
33.04.120
Legislative declaration, intent—Purpose.
Definitions.
"Mortgage" includes deed of trust and real estate contract.
Director—Powers and duties.
Rules.
Compelling attendance of witnesses.
Cease and desist order—Notice of charges—Grounds—
Hearing on—Issuance of order, when—Contents—
Effective, when.
Temporary cease and desist order—Issued, when—Effective,
when—Duration.
Temporary cease and desist order—Injunction against order
on application of association—Jurisdiction.
Temporary cease and desist order—Injunction to enforce—
Jurisdiction.
Cease and desist order—Administrative hearing—
Procedure—Modification, termination, or setting aside
of order—Review of order, procedure—Manner of service of notice or order.
Cease and desist order—Enforcement—Jurisdiction.
Appellate review.
Appointment and qualifications of supervisor.
Saturday closing authorized.
Examination reports and information—Confidential and
privileged—Exceptions, limitations and procedure—
Penalty.
Automated teller machines and night depositories security.
33.04.002 Legislative declaration, intent—Purpose.
The legislature finds that the statutory law relating to savings
and loan associations has not been generally updated or
modernized since 1945; and, as a result, many changes to
Title 33 RCW should now be made with respect to the
powers and duties of the director; to the provisions relating
to the organization, management and conversion of savings
and loan associations; and to the powers and restrictions
placed upon savings and loan associations to make investments. While it is the intent of the legislature to grant
permissive investment powers to state-chartered savings and
loan associations, it does not intend these associations to
abandon the residential financing market in Washington. It,
therefore, finds that the powers granted in chapter 3, Laws
of 1982 are for the purpose of updating and modernizing the
law relating to savings and loan associations, thereby
creating a more secure and responsive financial environment
in which the residential home buyer will continue to obtain
financing. [1994 c 92 § 413; 1982 c 3 § 1.]
Severability—1982 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1982 c 3 § 118.]
[Title 33 RCW—page 1]
33.04.005
Title 33 RCW: Savings and Loan Associations
33.04.005 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this title.
(1) "Branch" means an established manned place of
business or a manned mobile facility or other manned
facility of an association, other than the principal office, at
which deposits may be taken.
(2) "Depositor" means a person who deposits money in
an association.
(3) "Domestic association" means a savings and loan
association which is incorporated under the laws of this state.
(4) "Federal association" means a savings and loan
association which is incorporated under federal law.
(5) "Foreign association" means a savings and loan
association organized under the laws of another state.
(6)(a) "Member," in a mutual association, means a
depositor or any other person who is a member of a class of
persons granted membership rights by the articles of incorporation or bylaws.
(b) "Member," in a stock association, means a stockholder or any other person who is a member of a class of
persons granted membership rights by the articles of incorporation or bylaws.
(7) "Mutual association" means an association formed
without authority to issue stock.
(8) "Savings and loan association," "savings association"
or "association," unless otherwise restricted, means a
domestic or foreign association and includes a stock or a
mutual association.
(9) "Stock association" means an association formed
with the authority to issue stock.
(10) "Department" means department of financial
institutions.
(11) "Director" means director of financial institutions.
[1994 c 92 § 414; 1982 c 3 § 2.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.011 "Mortgage" includes deed of trust and
real estate contract. See RCW 33.24.005.
33.04.020 Director—Powers and duties. The
director:
(1) Shall be charged with the administration and
enforcement of this title and shall have and exercise all
powers necessary or convenient thereunto;
(2) Shall issue to each association doing business
hereunder, when it shall have paid its annual license fee and
be duly qualified otherwise, a certificate of authority authorizing it to transact business;
(3) Shall require of each association an annual statement
and such other reports and statements as the director deems
desirable, on forms to be furnished by the director;
(4) Shall require each association to conduct its business
in compliance with the provisions of this title;
(5) Shall visit and examine into the affairs of every
association, at least once in each biennium; may appraise and
revalue its investments and securities; and shall have full
access to all the books, records, papers, securities, correspondence, bank accounts, and other papers of such association
for such purposes. The director may accept in lieu of an
examination the report of the examining division of the
[Title 33 RCW—page 2]
federal home loan bank board, or the report of the savings
and loan department of another state, which has made and
submitted a report of the condition of the affairs of the
association, and if approved, the report shall have the same
force and effect as though the examination were made by the
director or one of his or her appointees;
(6) May accept or exchange any information or reports
with the examining division of the federal home loan bank
board or other like agency which may insure the accounts in
an association or to which an association may belong or with
the savings and loan department of another state which has
authority to examine any association doing business in this
state;
(7) May visit and examine into the affairs of any
nonpublicly-held corporation in which the association has a
material investment and any publicly-held corporation the
capital stock of which is controlled by the association; may
appraise and revalue its investments and securities; and shall
have full access to all the books, records, papers, securities,
correspondence, bank accounts, and other papers of such
corporation for such purposes;
(8) May, in the director’s discretion, administer oaths to
and to examine any person under oath concerning the affairs
of any association or nonpublicly-held corporation in which
the association has a material investment and any publiclyheld corporation the capital stock of which is controlled by
an association and, in connection therewith, to issue subpoenas and require the attendance and testimony of any person
or persons at any place within this state, and to require
witnesses to produce any books, papers, documents, or other
things under their control material to such examination; and
(9) Shall have power to commence and prosecute
actions and proceedings to enforce the provisions of this
title, to enjoin violations thereof, and to collect sums due to
the state of Washington from any association. [1994 c 92 §
416; 1982 c 3 § 4; 1979 c 113 § 1; 1973 c 130 § 22; 1945
c 235 § 95; Rem. Supp. 1945 § 3717-214. Prior: 1933 c
183 §§ 79, 94, 95; 1919 c 169 § 12; 1913 c 110 § 19; 1890
p 56 § 19.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 113 § 17.]
Severability—1973 c 130: See note following RCW 33.24.350.
33.04.025 Rules. The director shall adopt uniform
rules in accordance with the administrative procedure act,
chapter 34.05 RCW, to govern examinations and reports of
associations and the form in which they shall report their assets, liabilities, and reserves, charge off bad debts and
otherwise keep their records and accounts, and otherwise to
govern the administration of this title. The director shall
mail a copy of the rules to each savings and loan association
at its principal place of business. The person doing the
mailing shall make and file his or her affidavit thereof in the
office of the director. [1994 c 92 § 417; 1982 c 3 § 5; 1973
c 130 § 20.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
(2002 Ed.)
General Provisions
33.04.030 Compelling attendance of witnesses. In
event any person shall refuse to appear in compliance with
any subpoena issued by the director or shall refuse to testify
thereunder, the superior court of the state of Washington for
the county in which such witness was required by said
subpoena to appear, upon application of the director, shall
have jurisdiction to compel such witness to attend and testify
and to punish for contempt any witness not complying with
the order of the court. [1994 c 92 § 418; 1945 c 235 § 96;
Rem. Supp. 1945 § 3717-215. Prior: 1933 c 183 §§ 94, 95;
1919 c 169 § 12; 1913 c 110 § 19.]
33.04.042 Cease and desist order—Notice of
charges—Grounds—Hearing on—Issuance of order,
when—Contents—Effective, when. (1) The director may
issue and serve upon an association a notice of charges if in
the opinion of the director the association:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the association;
(b) Is violating or has violated a material provision of
any law, rule, or any condition imposed in writing by the
director in connection with the granting of any application or
other request by the association or any written agreement
made with the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection if the opinion that the threat exists is based upon
reasonable cause.
(2) The notice shall contain a statement of the facts
constituting the alleged violation or violations or the practice
or practices and shall fix a time and place at which a hearing
will be held to determine whether an order to cease and
desist should issue against the association. The hearing shall
be set not earlier than ten days nor later than thirty days
after service of the notice unless a later date is set by the
director at the request of the association.
Unless the association appears at the hearing by a duly
authorized representative, it shall be deemed to have consented to the issuance of the cease and desist order. In the event
of this consent or if upon the record made at the hearing the
director finds that any violation or practice specified in the
notice of charges has been established, the director may
issue and serve upon the association an order to cease and
desist from the violation or practice. The order may require
the association and its directors, officers, employees, and
agents to cease and desist from the violation or practice and
may require the association to take affirmative action to
correct the conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at
the expiration of ten days after the service of the order upon
the association concerned except that a cease and desist
order issued upon consent shall become effective at the time
specified in the order and shall remain effective as provided
therein unless it is stayed, modified, terminated, or set aside
by action of the director or a reviewing court. [1994 c 92 §
419; 1982 c 3 § 7.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.044 Temporary cease and desist order—
Issued, when—Effective, when—Duration. Whenever the
director determines that the acts specified in RCW 33.04.042
or their continuation is likely to cause insolvency or substan(2002 Ed.)
33.04.030
tial dissipation of assets or earnings of the association or to
otherwise seriously prejudice the interests of its depositors,
the director may also issue a temporary order requiring the
association to cease and desist from the violation or practice.
The order shall become effective upon service on the association and shall remain effective unless set aside, limited, or
suspended by a court in proceedings under RCW 33.04.046
pending the completion of the administrative proceedings
under the notice and until such time as the director shall
dismiss the charges specified in the notice or until the effective date of a cease and desist order issued against the
association under RCW 33.04.042. [1994 c 92 § 420; 1982
c 3 § 8.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.046 Temporary cease and desist order—
Injunction against order on application of association—
Jurisdiction. Within ten days after an association has been
served with a temporary cease and desist order, the association may apply to the superior court in the county of its
principal place of business for an injunction setting aside,
limiting, or suspending the order pending the completion of
the administrative proceedings pursuant to the notice served
under RCW 33.04.044.
The superior court shall have jurisdiction to issue the
injunction. [1982 c 3 § 9.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.048 Temporary cease and desist order—
Injunction to enforce—Jurisdiction. In the case of a
violation or threatened violation of a temporary cease and
desist order issued under RCW 33.04.044, the director may
apply to the superior court of the county of the principal
place of business of the association for an injunction to
enforce the order, and the court shall issue an injunction if
it determines that there has been a violation or threatened
violation. [1994 c 92 § 421; 1982 c 3 § 10.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.052 Cease and desist order—Administrative
hearing—Procedure—Modification, termination, or
setting aside of order—Review of order, procedure—
Manner of service of notice or order. (1) Any administrative hearing provided in RCW 33.04.042 may be held at
such place as is designated by the director and shall be
conducted in accordance with chapter 34.05 RCW. The
hearing shall be private unless the director determines that a
public hearing is necessary to protect the public interest after
fully considering the views of the party afforded the hearing.
Within sixty days after the hearing, the director shall
render a decision which shall include findings of fact upon
which the decision is based and the director shall issue and
serve upon each party to the proceeding an order or orders
consistent with RCW 33.04.042.
Unless a petition for review is timely filed in the
superior court of the county of the principal place of
business of the affected association under subsection (2) of
this section and until the record in the proceeding has been
filed as therein provided, the director may at any time
modify, terminate, or set aside any order upon such notice
and in such manner as the director deems proper. Upon
[Title 33 RCW—page 3]
33.04.052
Title 33 RCW: Savings and Loan Associations
filing the record, the director may modify, terminate, or set
aside any order only with permission of the court.
The judicial review provided in this section for an order
shall be exclusive.
(2) Any party to the proceeding or any person required
by an order issued under RCW 33.04.042, 33.04.044 or
33.04.048 to refrain from any of the violations or practices
stated therein may obtain a review of any order served under
subsection (1) of this section other than one issued upon
consent by filing in the superior court of the county of the
principal place of business of the affected association within
ten days after the date of service of the order a written
petition praying that the order of the director be modified,
terminated, or set aside. A copy of the petition shall be
immediately served upon the director and the director shall
then file in the court the record of the proceeding. The court
shall have jurisdiction upon the filing of the petition, which
jurisdiction shall become exclusive upon the filing of the
record to affirm, modify, terminate, or set aside in whole or
in part the order of the director except that the director may
modify, terminate, or set aside an order with the permission
of the court. The judgment and decree of the court shall be
final, except that it is subject to appellate review under the
rules of court.
(3) The commencement of proceedings for judicial
review under subsection (2) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(4) Service of any notice or order required to be served
under RCW 33.04.042 or 33.04.044 shall be accomplished
in the same manner as required for the service of process in
civil actions in superior courts of this state. [1994 c 92 §
422; 1982 c 3 § 11.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.054 Cease and desist order—Enforcement—
Jurisdiction. The director may apply to the superior court
of the county of the principal place of business of the
association affected for the enforcement of any effective and
outstanding order issued under RCW 33.04.042, 33.04.044,
or 33.04.048, and the court shall have jurisdiction to order
compliance therewith.
No court shall have jurisdiction to affect by injunction
or otherwise the issuance or enforcement of any order or to
review, modify, suspend, terminate, or set aside any order
except as provided in RCW 33.04.046 and 33.04.052. [1994
c 92 § 423; 1982 c 3 § 12.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.04.060 Appellate review. An association may
petition the superior court of the state of Washington for
Thurston county for the review of any decision, ruling,
requirement or other action or determination of the director,
by filing its complaint, duly verified, with the clerk of the
court and serving a copy thereof upon the director. Upon
the filing of the complaint, the clerk of the court shall docket
the same as a cause pending therein.
The director may answer the complaint and the petitioner reply thereto, and the cause shall be heard before the
court as in other civil actions. Both the petitioner and the
director may seek appellate review of the decision of the
[Title 33 RCW—page 4]
court to the supreme court or the court of appeals of the
state of Washington. [1994 c 92 § 424; 1988 c 202 § 32;
1971 c 81 § 84; 1945 c 235 § 115; Rem. Supp. 1945 §
3717-234. Prior: 1933 c 183 § 95.]
Severability—1988 c 202: See note following RCW 2.24.050.
33.04.070 Appointment and qualifications of
supervisor. See RCW 43.19.100.
33.04.090
30.04.330.
Saturday closing authorized. See RCW
33.04.110 Examination reports and information—
Confidential and privileged—Exceptions, limitations and
procedure—Penalty. (1) Except as otherwise provided in
this section, all examination reports and all information
obtained by the director and the director’s staff in conducting
examinations of associations are confidential and privileged
information and shall not be made public or otherwise
disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish in whole or in part examination reports
prepared by the director’s office to federal agencies empowered to examine state associations, to savings and loan
supervisory agencies of other states which have authority to
examine associations doing business in this state, to the
attorney general in his or her role as legal advisor to the
director, to the examined association as provided in subsection (4) of this section, and to officials empowered to
investigate criminal charges. If the director furnishes any
examination report to officials empowered to investigate
criminal charges, the director may only furnish that part of
the report which is necessary and pertinent to the investigation, and the director may do this only after notifying the
affected savings and loan association and any customer of
the savings and loan association who is named in that part
of the report of the order to furnish the part of the examination report unless the officials requesting the report first
obtain a waiver of the notice requirement from a court of
competent jurisdiction for good cause. The director may
also furnish in whole or in part examination reports concerning any association in danger of insolvency to the directors
or officers of a potential acquiring party when, in the
director’s opinion, it is necessary to do so in order to protect
the interests of members, depositors, or borrowers of the
examined association.
(3) All examination reports furnished under subsection
(2) of this section shall remain the property of the department of financial institutions and, except as provided in
subsection (4) of this section, no person, agency, or authority
to whom reports are furnished or any officer, director, or
employee thereof shall disclose or make public any of the
reports or any information contained therein except in
published statistical material that does not disclose the affairs
of any individual or corporation: PROVIDED, That nothing
herein shall prevent the use in a criminal prosecution of
reports furnished under subsection (2) of this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the association, and the director may furnish a copy of the
(2002 Ed.)
General Provisions
report to the savings and loan association examined. The
report shall remain the property of the director and will be
furnished to the association solely for its confidential use.
Neither the association nor any of its directors, officers, or
employees may disclose or make public in any manner the
report or any portion thereof without permission of the board
of directors of the examined association. The permission
shall be entered in the minutes of the board.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations
shall not be subject to public disclosure under chapter 42.17
RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning
an application for a new association or an application for a
branch of an association. The director may adopt rules
making confidential portions of such reports if in the
director’s opinion the public disclosure of the portions of the
report would impair the ability to obtain the information
which the director considers necessary to fully evaluate the
application.
(8) Every person who intentionally violates any provision of this section is guilty of a gross misdemeanor. [1994
c 92 § 425; 1982 c 3 § 6; 1977 ex.s. c 245 § 3.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1977 ex.s. c 245: See note following RCW 30.04.075.
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
33.04.120 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to
automated teller machines and night depositories regulated
under this title. [1993 c 324 § 13.]
Effective date—1993 c 324: See RCW 19.174.900.
Chapter 33.08
ORGANIZATION—ARTICLES—BYLAWS
Sections
33.08.010
33.08.020
33.08.030
33.08.040
33.08.050
33.08.055
33.08.060
33.08.070
33.08.080
33.08.090
33.08.100
33.08.110
(2002 Ed.)
Compliance required—Use of words in name or advertising—Penalty—Saving.
Who may form association.
Domestic association as stock or mutual association—
Articles of incorporation.
Bylaws.
Articles and bylaws to director.
Certificate of incorporation—Application, contents—Filing
fee.
Investigation—Fee.
Approval or refusal—Appellate review.
Articles and bylaws filed—Certificate of incorporation issued—Revocation of right to engage in business, when.
Amendment of articles.
Amendment of bylaws.
Branch association—Authorized—Procedure—Limitations—
Discontinuance of branch, procedure.
33.04.110
33.08.010 Compliance required—Use of words in
name or advertising—Penalty—Saving. No person, firm,
company, association, fiduciary, co-partnership, or corporation, either foreign or domestic, shall organize as, carry
on or conduct the business of an association except in
conformity with the terms and provisions of this title or
unless incorporated as a savings and loan association under
the laws of the United States or use in name or advertising
any of the following:
Any collocation employing either or both of the words
"building" or "loan" with one or more of the words "saving",
"savings", "thrift", or words of similar import except in
conformity with this title;
Any collocation employing one or more of the words
"saving", "savings", "thrift" or words of similar import, with
one or more of the words "association", "institution",
"society", "company", "corporation", or words of similar
import, or abbreviations thereof except in conformity with
this title or unless authorized to do business under the laws
of this state or of the United States relating to savings and
loan associations, banks, or mutual savings banks; nor shall
the word "federal" be used as a part of such name unless the
user is incorporated as a savings and loan association under
the laws of the United States.
Neither shall the words "saving", or "savings", be used
in any name or advertising or to represent in any manner to
indicate that the business is of the character or kind of
business carried on or transacted by an association or which
is calculated to lead any person to believe that the business
is that of an association unless authorized to do business
under the laws of this state or of the United States relating
to savings and loan associations, banks, or mutual savings
banks.
Every person who, and every director and officer of
every corporation which, to the knowledge of such director
or officer, violates any provision of this section, shall be
guilty of a gross misdemeanor. Such conduct shall also be
deemed a nuisance and subject to abatement in the manner
prescribed by law at the instance of the director of financial
institutions or any other public body or officer authorized to
do so.
The provisions of this section shall have no application
to use of any word or collocation of words or to any
representation or advertising which had been adopted and
lawfully used by any person, firm, company, association,
fiduciary, co-partnership or corporation lawfully engaged in
business on March 24, 1959. [1994 c 92 § 426; 1959 c 280
§ 1; 1945 c 235 § 2; Rem. Supp. 1945 § 3717-121. Prior:
1933 c 183 §§ 84, 100; 1919 c 169 § 1; 1913 c 110 §§ 2,
25; 1890 p 56 §§ 2, 22, 37.]
33.08.020 Who may form association. Any individuals desiring to transact a business of an association may, by
complying with this chapter, become a body corporate for
that purpose. [1982 c 3 § 13; 1945 c 235 § 3; Rem. Supp.
1945 § 3717-122. Prior: 1933 c 183 § 3; 1925 ex.s. c 144
§ 1; 1913 c 110 § 1; 1903 c 116 § 1; 1890 p 56 § 1.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.030 Domestic association as stock or mutual
association—Articles of incorporation. A domestic
[Title 33 RCW—page 5]
33.08.030
Title 33 RCW: Savings and Loan Associations
association shall be incorporated either as a stock or a
mutual association. The articles of incorporation shall
specifically state:
(1) The name of the association, which shall include the
words:
(a) "Savings association";
(b) "Savings and loan association"; or
(c) "Savings bank";
(2) The city or town and county in which it is to have
its principal place of business;
(3) The name, occupation, and place of residence of all
incorporators, the majority of whom shall be Washington
residents;
(4) Its purposes;
(5) Its duration, which may be for a stated number of
years or perpetual;
(6) The amount of paid-in savings with which the
association will commence business;
(7) The names, occupations, and addresses of the first
directors;
(8) Whether the association is organized as a stock or
mutual association and who has membership rights and the
relative rights of different classes of members of the association; and
(9) Any provision the incorporators elect to so set forth
which is permitted by RCW 23B.17.030.
The articles of incorporation may contain any other
provisions consistent with the laws of this state and the
provisions of this title pertaining to the association’s business
or the conduct of its affairs. [1994 c 256 § 117; 1983 c 42
§ 1; 1982 c 3 § 14; 1949 c 20 § 1; 1945 c 235 § 4; Rem.
Supp. 1949 § 3717-123. Prior: 1933 c 183 § 4; 1925 ex.s.
c 144 § 1; 1919 c 169 § 5; 1913 c 110 §§ 1, 6; 1903 c 116
§ 1; 1890 p 56 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.040 Bylaws. The incorporators shall prepare
bylaws for the government of the association, which shall
include:
(1) The offices of the association and the respective
duties assigned to them;
(2) Policies and procedures for the conduct of the
business of the association;
(3) Any other matters deemed necessary or expedient.
Such bylaws must conform in all respects to the
provisions of this title and the laws of this state. [1982 c 3
§ 15; 1945 c 235 § 5; Rem. Supp. 1945 § 3717-124. Prior:
1933 c 183 § 5; 1919 c 169 § 1; 1913 c 110 § 2; 1890 p 56
§ 3.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.050 Articles and bylaws to director. The
incorporators shall deliver to the director triplicate originals
of the articles of incorporation and duplicate copies of its
proposed bylaws. [1994 c 92 § 427; 1982 c 3 § 16; 1981 c
302 § 30; 1945 c 235 § 6; Rem. Supp. 1945 § 3717-125.
Prior: 1933 c 183 § 6; 1890 p 56 § 3.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
[Title 33 RCW—page 6]
33.08.055 Certificate of incorporation—Application,
contents—Filing fee. When the incorporators of a domestic
association deliver the articles of incorporation and bylaws
to the director, the incorporators shall submit an application
for a certificate of incorporation, signed and verified by the
incorporators, together with the filing fee. The application
shall set forth:
(1) The names and addresses of the incorporators and
proposed directors and officers of the association;
(2) A statement of the character, financial responsibility,
experience, and fitness of the directors and officers to
engage in the association business;
(3) Statements of estimated receipts, expenditures,
earnings, and financial condition of the association for the
first two years or such longer period as the director may
require;
(4) A showing that the association will have a reasonable chance to succeed in the market area in which it
proposes to operate;
(5) A showing that the public convenience and advantage will be promoted by the formation of the proposed
association; and
(6) Any other matters the director may require. [1994
c 92 § 428; 1982 c 3 § 17.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.060 Investigation—Fee. Upon receipt of the
articles of incorporation and bylaws, the director shall
proceed to determine, from all sources of information and by
such investigation as he or she may deem necessary,
whether:
(1) The proposed articles and bylaws comply with all
requirements of law;
(2) The incorporators and directors possess the qualifications required by this title;
(3) The incorporators have available for the operation of
the business at the specified location sufficient cash assets;
(4) The general fitness of the persons named in the
articles of incorporation are such as to command confidence
and warrant belief that the business of the proposed association will be honestly and efficiently conducted in accordance
with the intent and purposes of this title;
(5) The public convenience and advantage will be
promoted by allowing such association to be incorporated
and engage in business in the market area indicated; and
(6) The population and industry of the market area
afford reasonable promise of adequate support for the
proposed association.
For the purpose of this investigation and determination,
the incorporators, when delivering the articles and bylaws to
the director, shall pay to the director an investigation fee, the
amount of which shall be established by rule of the director.
[1994 c 92 § 429; 1982 c 3 § 18; 1969 c 107 § 1; 1963 c
246 § 1; 1945 c 235 § 7; Rem. Supp. 1945 § 3717-126.
Prior: 1933 c 183 § 6; 1925 ex.s. c 144 § 2; 1919 c 169 §
2; 1913 c 110 § 3; 1890 p 56 § 3.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.08.070 Approval or refusal—Appellate review.
The director, not later than six months after receipt of the
proposed articles and bylaws shall endorse upon each copy
(2002 Ed.)
Organization—Articles—Bylaws
thereof the word "approved" or "refused" and the date
thereof. In case of refusal, he or she shall forthwith return
one copy of the articles and bylaws to the incorporators, and
the refusal shall be final unless the incorporators, or a
majority of them, within thirty days after the refusal, appeal
to the superior court of Thurston county. The appeal may be
accomplished by the incorporators preparing a notice of
appeal, serving a copy of it upon the director, and filing the
notice with the clerk of the court, whereupon the clerk,
under the direction of the judge, shall give notice to the
appellants and to the director of a date for the hearing of the
appeal. The appeal shall be tried de novo by the court. At
the hearing a record shall be kept of the evidence adduced,
and the decision of the court shall be final unless appellate
review is sought as in other cases. [1994 c 92 § 430; 1988
c 202 § 33; 1971 c 81 § 85; 1953 c 71 § 1; 1945 c 235 § 8;
Rem. Supp. 1945 § 3717-127. Prior: 1933 c 183 § 7; 1925
ex.s. c 144 § 2; 1919 c 169 § 2; 1913 c 110 § 3; 1890 p 56
§ 3.]
Severability—1988 c 202: See note following RCW 2.24.050.
33.08.080 Articles and bylaws filed—Certificate of
incorporation issued—Revocation of right to engage in
business, when. If the director approves the incorporation
of the proposed association, the director shall forthwith
return two copies of the articles of incorporation and one
copy of the bylaws to the incorporators, retaining the others
as a part of the files of the director’s office. The incorporators, thereupon, shall file one set of the articles with the
secretary of state and retain the other set of the articles of
incorporation and the bylaws as a part of its minute records,
paying to the secretary of state such fees and charges as are
required by law. Upon receiving an original set of the
approved articles of incorporation, duly endorsed by the
director as herein provided, together with the required fees,
the secretary of state shall issue the secretary of state’s
certificate of incorporation and deliver the same to the
incorporators, whereupon the corporate existence of the
association shall begin. Unless an association whose articles
of incorporation and bylaws have been approved by the
director shall engage in business within two years from the
date of such approval, its right to engage in business shall be
deemed revoked and of no effect. In the director’s discretion, the two-year period in which the association must
commence business may be extended for a reasonable period
of time, which shall not exceed one additional year. [1994
c 92 § 431; 1982 c 3 § 19; 1981 c 302 § 31; 1945 c 235 §
9; Rem. Supp. 1945 § 3717-128. Prior: 1933 c 183 § 8;
1925 ex.s. c 144 § 2; 1919 c 169 § 2; 1913 c 110 § 3; 1890
p 56 § 1.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.08.090 Amendment of articles. The members, at
any meeting called for the purpose, may amend the articles
of incorporation of the association by a majority vote of the
members present, in person or in proxy. The amended
articles shall be filed with the director and be subject to the
same procedure of approval, refusal, appeal, and filing with
the secretary of state as provided for the original articles of
incorporation. Proposed amendments of the articles of
(2002 Ed.)
33.08.070
incorporation shall be submitted to the director at least thirty
days prior to the meeting of the members.
If the amendments include a change in the association’s
corporate name, the association shall give notice by mail to
each association doing business within this state at its
principal place of business of the filing of the amended
articles. Persons interested in protesting an amendment
changing the association’s corporate name may contact the
director in person or by writing prior to a date which shall
be given in the notice. [1994 c 92 § 432; 1982 c 3 § 20;
1981 c 302 § 32; 1979 c 113 § 2; 1945 c 235 § 10; Rem.
Supp. 1945 § 3717-129. Prior: 1933 c 183 §§ 9, 10; 1925
ex.s. c 144 § 1; 1913 c 110 § 1; 1903 c 116 § 1; 1890 p 56
§§ 16, 17.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
Severability—1979 c 113: See note following RCW 33.04.020.
33.08.100 Amendment of bylaws. The bylaws
adopted by the incorporators and approved by the director
shall be the bylaws of the association. The members, at any
meeting called for the purpose, may amend the bylaws of the
association on a majority vote of the members present, in
person or by proxy, or the directors at any regular or special
meeting called under the provisions of RCW 33.16.090 may
amend the bylaws of the association on a two-thirds majority
vote of the directors. Amendments of the bylaws shall
become effective after being adopted by the board or the
members. [1994 c 256 § 118; 1994 c 92 § 433; 1967 c 49
§ 1; 1945 c 235 § 11; Rem. Supp. 1945 § 3717-130. Prior:
1933 c 183 §§ 9, 10; 1890 p 56 § 3.]
Reviser’s note: This section was amended by 1994 c 92 § 433 and
by 1994 c 256 § 118, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
33.08.110 Branch association—Authorized—
Procedure—Limitations—Discontinuance of branch,
procedure. An association with the written approval of the
director, may establish and operate branches in any place
within the state.
An association desiring to establish a branch shall file
a written application therefor with the director, who shall
approve or disapprove the application within four months
after receipt.
The director’s approval shall be conditioned on a
finding that the resources in the market area of the proposed
location offer a reasonable promise of adequate support for
the proposed branch and that the proposed branch is not
being formed for other than the legitimate purposes under
this title. A branch shall not be established or permitted if
the contingent fund, loss reserves and guaranty stock are less
than the aggregate paid-in capital which would be required
by law as a prerequisite to the establishment and operation
of an equal number of branches in like locations by a
commercial bank. If the application for a branch is not
approved, the association shall have the right to appeal in the
same manner and within the same time as provided by RCW
33.08.070 as now or hereafter amended. The association
when delivering the application to the director shall transmit
[Title 33 RCW—page 7]
33.08.110
Title 33 RCW: Savings and Loan Associations
to the director a check in an amount established by rule to
cover the expense of the investigation. An association shall
not move any office more than two miles from its existing
location without prior approval of the director.
The board of directors of an association, after notice to
the director, may discontinue the operation of a branch. The
association shall keep the director informed in the matter and
shall notify the director of the date operation of the branch
is discontinued. [1994 c 92 § 434; 1982 c 3 § 21; 1974 ex.s.
c 98 § 1; 1969 c 107 § 2; 1959 c 280 § 7.]
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.12
POWERS AND RESTRICTIONS
Sections
33.12.010
33.12.012
33.12.014
33.12.015
33.12.060
33.12.140
33.12.150
33.12.170
33.12.180
Powers in general.
Powers conferred upon federal savings and loan association
as of December 31, 1993.
Powers conferred upon federal savings and loan association—Reserve or other requirements—Authority of
director to adopt by rule—Conditions.
Safe deposit companies.
Dealings with directors, officers, agents, employees prohibited—Exception.
Expense and contingent funds.
Contingent fund as reserve—Members’ rights to fund limited.
May borrow from home loan bank.
Trustee of retirement plan established under federal act entitled "Self-Employed Individuals Tax Retirement Act of
1962."
33.12.010 Powers in general. An association shall
have the same capacity to act as possessed by natural
persons. An association has authority to perform such acts
as are necessary or proper to accomplish its purposes.
In addition to any other power an association may have,
an association has authority:
(1) To have and alter a corporate seal;
(2) To continue as an association for the time limited in
its articles of incorporation or, if no such time limit is
specified, then perpetually;
(3) To sue or be sued in its corporate name;
(4) To acquire, hold, sell, dispose of, pledge, mortgage,
or encumber property, as its interests and purposes may
require;
(5) To conduct business in this state and elsewhere as
may be permitted by law and, to this end, to comply with
any law, regulation, or other requirements incident thereto;
(6) To acquire capital in the form of deposits, shares, or
other accounts for fixed, minimum or indefinite periods of
time as are authorized by its bylaws, and may issue such
passbooks, statements, time certificates of deposit, or other
evidence of accounts;
(7) To pay interest;
(8) To charge reasonable service fees for services
provided as part of its business;
(9) To borrow money and to pledge, mortgage, or
hypothecate its properties and securities in connection
therewith;
(10) To collect or protest promissory notes or bills of
exchange owned or held as collateral by the association;
[Title 33 RCW—page 8]
(11) To let vaults, safes, boxes, or other receptacles for
the safekeeping or storage of personal property, subject to
the laws and regulations applicable to and with the powers
possessed by safe deposit companies; and to act as escrow
holder;
(12) To act as fiscal agent for the United States of
America; to purchase, own, vote, or sell stock in, or act as
fiscal agent for any federal home loan bank, the federal
housing administration, home owners’ loan corporation, or
other state or federal agency, organized under the authority
of the United States or of the state of Washington and
authorized to loan to or act as fiscal agent for associations or
to insure savings accounts or mortgages; and in the exercise
of these powers, to comply with any requirements of law or
rules or orders promulgated by such federal or state agency
and to execute any contracts and pay any charges in connection therewith;
(13) To procure insurance of its mortgages and of its
accounts from any state or federal corporation or agency
authorized to write such insurance and, in the exercise of
these powers, to comply with any requirements of law or
rules or orders promulgated and to execute any contracts and
pay any premiums required in connection therewith;
(14) To loan money and to sell any of its notes or other
evidences of indebtedness, together with the collateral
securing the same;
(15) To make, adopt, and amend bylaws for the management of its property and the conduct of its business;
(16) To deposit moneys and securities in any other
association or any bank or savings bank or other like
depository;
(17) To dissolve and wind up its business;
(18) To collect or compromise debts due to it and, in so
doing, to apply to the indebtedness the accounts of the
debtors, and to receive, as collateral or otherwise, other
securities, property or property rights of any kind or nature;
(19) To become a member of, deal with, or make
reasonable payments or contribution to any organization to
the extent that such organization assists in furthering or
facilitating the association’s purposes, powers or community
responsibilities, and to comply with any reasonable conditions of eligibility;
(20) To sell money orders, travelers checks and similar
instruments as agent for any organization empowered to sell
such instruments through agents within this state and to
receive money for transmission through a federal home loan
bank;
(21) To service loans and investments for others;
(22) To sell and to purchase mortgages or other loans,
including participating interests therein;
(23) To use abbreviations, words or symbols in connection with any document of any nature and on checks,
proxies, notices and other instruments which abbreviations,
words, or symbols shall have the same force and legal effect
as though the respective words and phrases for which they
stand were set forth in full for the purposes of all statutes of
the state and all other purposes;
(24) To conduct a trust business under rules adopted by
the director pursuant to chapter 34.05 RCW; and
(25) To exercise, by and through its board of directors
and duly authorized officers and agents, all such incidental
(2002 Ed.)
Powers and Restrictions
powers as may be necessary to carry on the business of the
association.
The powers granted in this section shall not be construed as limiting or enlarging any grant of authority made
elsewhere by this title. [1994 c 92 § 435; 1982 c 3 § 22;
1969 c 107 § 3; 1963 c 246 § 2; 1945 c 235 § 29; Rem.
Supp. 1945 § 3717-148. Prior: 1939 c 98 §§ 6, 7; 1935 c
171 § 1; 1933 c 183 §§ 47, 48, 55, 59.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.012 Powers conferred upon federal savings
and loan association as of December 31, 1993. Notwithstanding any other provision of law, in addition to all powers
and authorities, express or implied, that an association has
under this title, an association may exercise any of the
powers or authorities conferred as of December 31, 1993,
upon a federal savings and loan association doing business
in this state. As used in this section, "powers and authorities" include without limitation powers and authorities in
corporate governance matters.
The restrictions, limitations and requirements applicable
to specific powers or authorities of federal savings and loan
associations shall apply to associations exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to exercising the powers or authorities granted associations
solely by this section. [1994 c 256 § 119; 1982 c 3 § 23;
1981 c 87 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.014 Powers conferred upon federal savings
and loan association—Reserve or other requirements—
Authority of director to adopt by rule—Conditions.
Notwithstanding any other provision of law, in addition to all
powers and authorities, express or implied, that an association has under this title, the director may make reasonable
rules authorizing an association to exercise any of the
powers and authorities conferred at the time of the adoption
of the rules upon a federal savings and loan association
doing business in this state, or may modify or reduce reserve
or other requirements if an association is insured by the federal savings and loan insurance corporation, if the director
finds that the exercise of the power or authorities:
(1) Serves the convenience and advantage of depositors
and borrowers; and
(2) Maintains the fairness of competition and parity
between state-chartered savings and loan associations and
federally-chartered savings and loan associations.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate
governance matters.
The restrictions, limitations and requirements applicable
to specific powers or authorities of federal savings and loan
associations shall apply to associations exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to exercising the powers or authorities granted associations
solely by this section. [1994 c 256 § 120; 1994 c 92 § 436;
1982 c 3 § 24; 1981 c 87 § 2.]
(2002 Ed.)
33.12.010
Reviser’s note: This section was amended by 1994 c 92 § 436 and
by 1994 c 256 § 120, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.015 Safe deposit companies. See chapter 22.28
RCW.
33.12.060 Dealings with directors, officers, agents,
employees prohibited—Exception. An association shall
make no loan to or sell to or purchase any real property or
securities from any director, officer, agent, or employee of
an association except to the extent permitted to or from a
director, officer, agent, or employee of a federal savings
association. [1994 c 256 § 121; 1994 c 92 § 437; 1985 c
239 § 1; 1982 c 3 § 25; 1979 c 113 § 3; 1953 c 71 § 2;
1947 c 257 § 3; 1945 c 235 § 35; Rem. Supp. 1947 § 3717154. Prior: 1939 c 98 § 10; 1933 c 183 §§ 51, 53.]
Reviser’s note: This section was amended by 1994 c 92 § 437 and
by 1994 c 256 § 121, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.12.140 Expense and contingent funds. Before
any association is authorized to receive deposits or transact
any business, its incorporators shall create an expense fund,
in such amount as the director may determine, from which
the expense of organizing the association and its operating
expenses may be paid until such time as its earnings are
sufficient to pay its operating expenses, and the incorporators
shall enter into an undertaking with the director to make
such further contributions to the expense fund as may be
necessary to pay its operating expenses until such time as it
can pay them from its earnings.
Before any mutual association is authorized to receive
deposits or transact any business, its incorporators shall
create a contingent fund for the protection of its members
against investment losses, in an amount to be determined by
the director.
The contingent fund shall consist of payments in cash
made by the incorporators as provided in this section and of
all sums credited thereto from the earnings of the association
as hereinafter required.
Prior to the liquidation of any mutual association the
contingent fund shall not be encroached upon in any manner
except for losses and for the repayment of contributions
made by the incorporators.
No repayment of the contribution of incorporators to the
contingent fund shall be made until the net balance credited
to the contingent fund from earnings of the association, after
such repayment, equals five percent of the amount due
members.
The incorporators may receive interest upon the amount
of their contributions to the contingent fund at the same rate
as is paid, from time to time, to savings members.
The amounts contributed to the contingent fund by the
incorporators shall not constitute a liability of the association
[Title 33 RCW—page 9]
33.12.140
Title 33 RCW: Savings and Loan Associations
except as hereinafter provided, and any loss sustained by the
association in excess of that portion of the contingent fund
created from earnings may be charged against such contributions pro rata. [1994 c 92 § 438; 1982 c 3 § 26; 1945 c
235 § 13; Rem. Supp. 1945 § 3717-132. Prior: 1933 c 183
§ 77; 1925 ex.s. c 144 § 7; 1919 c 169 § 8; 1913 c 110 §§
13, 14; 1903 c 106 §§ 3, 5; 1890 p 56 §§ 6, 15, 31.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.150 Contingent fund as reserve—Members’
rights to fund limited. The contingent fund shall constitute
a reserve for the absorption of losses of a mutual association.
Members do not have, individually or collectively, any
right or claim to the contingent fund except upon dissolution
of the association. [1982 c 3 § 27; 1981 c 84 § 3; 1963 c
246 § 4; 1961 c 222 § 2; 1945 c 235 § 51; Rem. Supp. 1945
§ 3717-170. Prior: 1933 c 183 §§ 63, 67; 1925 ex.s. c 144
§ 7; 1919 c 169 § 8; 1913 c 110 §§ 13, 14; 1903 c 116 § 5;
1890 p 56 § 31.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.12.170 May borrow from home loan bank. See
RCW 30.32.030.
Home loan bank as depositary: RCW 30.32.040.
Investment in federal home loan bank stock or bonds authorized: RCW
30.32.020.
33.12.180 Trustee of retirement plan established
under federal act entitled "Self-Employed Individuals
Tax Retirement Act of 1962." A savings and loan association shall have the power to act as trustee under:
A retirement plan established pursuant to the provisions
of the act of congress entitled "Self-Employed Individuals
Tax Retirement Act of 1962" (76 Stat. 809, 26 U.S.C. Sec.
37), as now constituted or hereafter amended. If a retirement plan, which in the judgment of the savings and loan
association, constituted a qualified plan under the provisions
of that act at the time accepted by the savings and loan
association, is subsequently determined not to be a qualified
plan or subsequently ceases to be a qualified plan in whole
or in part, the savings and loan association may, nevertheless, continue to act as trustee of any deposits theretofore
made under the plan and to dispose of the same in accordance with the directions of the trustor and the beneficiaries
thereof. [1973 1st ex.s. c 93 § 1.]
Chapter 33.16
DIRECTORS, OFFICERS AND EMPLOYEES
Sections
33.16.010
33.16.020
33.16.030
33.16.040
33.16.050
33.16.060
33.16.080
33.16.090
33.16.120
33.16.130
33.16.150
33.16.170
Directors—Number—Vacancies.
Directors—Qualifications—Eligibility.
Directors—Prohibited acts.
Removal of director, officer or employee on objection of
director of financial institutions—Procedure.
Removal of director for cause—When—Procedure.
Fiduciary relationship of directors and officers.
Officers—Election—Service.
Board meetings—Notice—Quorum.
Statement of assets and liabilities—Reports.
Bonds of officers and employees.
Pensions, retirement plans and other benefits.
Federal home loan bank as depositary.
[Title 33 RCW—page 10]
Indemnification of directors, officers, employees, etc., by corporation,
insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
33.16.010 Directors—Number—Vacancies. The
business and affairs of every association shall be managed
and controlled by a board of not less than seven nor more
than fifteen directors, a majority of which shall not be
officers or employees of the association. The persons
designated in the articles of incorporation shall be the first
directors.
Vacancies in the board of directors shall be filled by
vote of the members at the annual meetings or at a special
meeting called for the purpose. The board of directors may
fill vacancies occurring on the board, such appointees to
serve until the next annual meeting of the members. [1947
c 257 § 1; 1945 c 235 § 14; Rem. Supp. 1947 § 3717-133.
Prior: 1933 c 183 § 11; 1925 ex.s. c 144 § 3; 1919 c 169 §
3; 1913 c 110 § 4; 1890 p 56 § 32.]
33.16.020 Directors—Qualifications—Eligibility.
The board of directors shall be elected at the annual meeting,
unless the bylaws of the association otherwise provide.
A person shall not be a director of an association if the
person has been adjudicated bankrupt or has taken the
benefit of any assignment for the benefit of creditors or has
suffered a judgment recovered against him for a sum of
money to remain unsatisfied of record or unsuperseded on
appeal for a period of more than three months.
To be eligible to hold the position of director of an
association, a person must have savings or stock or a
combination thereof in the sum or the aggregate sum of at
least one thousand dollars. Such minimum amount shall not
be reduced either by withdrawal or by pledge for a loan or
in any other manner, so long as he remains a director of the
association. [1982 c 3 § 28; 1963 c 246 § 5; 1945 c 235 §
15; Rem. Supp. 1945 § 3717-134. Prior: 1933 c 183 §§ 12,
14; 1925 ex.s. c 144 § 3; 1919 c 169 § 3; 1913 c 110 § 4.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.030 Directors—Prohibited acts. A director of
a savings and loan association shall not, except to the extent
permitted for a director of a federal savings and loan
association:
(1) Have any interest, direct or indirect, in the gains or
profits of the association, except to receive dividends, or
interest upon his or her contribution to the contingent fund
or upon his or her deposit accounts. However, nothing in
this subsection shall prevent an officer from receiving his or
her authorized compensation nor from participating in a
benefit program under RCW 33.16.150, nor prevent a
director from receiving an authorized director’s fee;
Receive and retain, directly or indirectly, for his or her
own use any commission on any loan, or purchase of real
property or securities, made by the association;
(2) Become an endorser, surety, or guarantor, or in any
manner an obligor, for any loan made by the association;
(3) For himself or herself or as agent, partner, stockholder, or officer of another, directly or indirectly, borrow
from the association, except as hereinafter provided. [1994
(2002 Ed.)
Directors, Officers and Employees
33.16.030
c 256 § 122; 1982 c 3 § 29; 1945 c 235 § 16; Rem. Supp.
1945 § 3717-135. Prior: 1933 c 183 §§ 21, 62.]
Rem. Supp. 1945 § 3717-139. Prior: 1933 c 183 § 15;
1925 ex.s. c 144 § 3; 1919 c 169 § 3; 1913 c 110 § 4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.040 Removal of director, officer or employee
on objection of director of financial institutions—
Procedure. If the director shall notify the board of directors
of any association in writing, that he or she has information
that any director, officer, or employee of such association is
dishonest, reckless, or incompetent or is failing to perform
any duty of his or her office, the board shall meet and
consider such matter forthwith and the director shall have
notice of the time and place of such meeting. If the board
shall find the director’s objection to be well founded, such
director, officer, or employee shall be removed immediately.
If the board does not remove the director, officer, or
employee against whom the objections have been filed, or if
the board fails to meet, consider or act upon the objections
within twenty days after receiving the same, the director may
forthwith or within twenty days thereafter, remove such
individual by complying with the administrative procedure
act, chapter 34.05 RCW. If the director feels that the public
interest or safety of the association requires the immediate
removal of such individual, the director may petition the
superior court for a temporary injunction suspending the
performance of the individual as a director pending the
administrative procedure hearing. [1994 c 92 § 439; 1982
c 3 § 30; 1973 c 130 § 21; 1945 c 235 § 17; Rem. Supp.
1945 § 3717-136. Prior: 1933 c 183 § 18.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
Appointment of provisional officers and directors: RCW 33.40.150.
33.16.050 Removal of director for cause—When—
Procedure. If a director becomes ineligible or if the
director’s conduct or habits are such as to reflect discredit
upon the association or if other good cause exists, the
director may be removed from office by an affirmative vote
of two-thirds of the members of the board of directors at any
regular meeting of the board or at any special meeting called
for that purpose. No such vote upon removal of a director
shall be taken until the director has been advised of the
reasons therefor and has had opportunity to submit to the
board of directors a statement relative thereto, either oral or
written. If the director affected is present at the meeting, he
shall leave the place where the meeting is being held after
his statement has been submitted and prior to the vote upon
the matter of his removal. [1982 c 3 § 31; 1945 c 235 § 19;
Rem. Supp. 1945 § 3717-138. Prior: 1933 c 183 § 17;
1925 ex.s. c 144 § 3; 1919 c 169 § 3; 1913 c 110 § 4.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.060 Fiduciary relationship of directors and
officers. Directors and officers of an association shall be
deemed to stand in a fiduciary relation to the association and
shall discharge the duties of their respective positions in
good faith and with that diligence, care, and skill which ordinary, prudent persons would exercise under similar circumstances in like position. [1982 c 3 § 32; 1945 c 235 § 20;
(2002 Ed.)
33.16.080 Officers—Election—Service. The board
of directors of the association shall elect the officers named
in the bylaws of the association, which officers shall serve
at the pleasure of the board. [1982 c 3 § 33; 1945 c 235 §
22; Rem. Supp. 1945 § 3717-141. Prior: 1939 c 98 § 2;
1933 c 183 §§ 19, 20.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.090 Board meetings—Notice—Quorum. The
board of directors of each association shall hold a regular
meeting at least once each quarter and whenever required by
the director, at a time to be designated by it. Special
meetings of the board of directors may be held upon notice
to each director sufficient to permit his or her attendance.
At any meeting of the board of directors, a majority of
the members shall constitute a quorum for the transaction of
business.
The president of the association or chairman of the
board or any three members of the board may call a meeting
of the board by giving notice to all of the directors. [1994
c 256 § 123; 1982 c 3 § 34; 1945 c 235 § 23; Rem. Supp.
1945 § 3717-142. Prior: 1933 c 183 § 19.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.120 Statement of assets and liabilities—
Reports. The board of directors shall cause to be prepared,
from the books of the association, a statement of assets and
of liabilities, at the end of the association’s fiscal year.
The board shall also cause to be prepared, certified, and
filed with the director, upon blanks to be furnished by the
director, such reports and statements as the director, from
time to time, may require. [1994 c 92 § 440; 1982 c 3 § 35;
1973 c 130 § 23; 1945 c 235 § 27; Rem. Supp. 1945 §
3717-146. Prior: 1933 c 183 § 79; 1919 c 169 §§ 11, 12;
1913 c 110 §§ 18, 19; 1890 p 56 §§ 18, 36.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.16.130 Bonds of officers and employees. The
board of directors of every association shall procure a bond
or bonds, covering all of its active officers, agents, and
employees, whether or not they draw salary or compensation,
with duly qualified corporate surety authorized to do
business in the state of Washington, conditioned that the
surety will indemnify and save harmless the association
against any and all loss or losses arising through the larceny,
theft, embezzlement, or other fraudulent or dishonest act or
acts of any such officer, agent, or employee. Such bond
coverage may provide for a deductible amount from any loss
which otherwise would be recoverable from the corporate
surety. A deductible amount may be applied separately to
one or more bonding agreements. The bond shall not
provide for more than one deductible amount from all losses
caused by the same person or caused by the same persons
acting in collusion or combination in cases in which such
[Title 33 RCW—page 11]
33.16.130
Title 33 RCW: Savings and Loan Associations
losses result from dishonesty of employees (as defined in the
bond).
Such bond or bonds shall be in such amount, as to each
of said officers or employees, as the directors shall deem
advisable, and said bond or bonds shall be subject to the
approval of the director and shall be filed with him or her.
The board shall review such bond, or bonds, at its regular
meeting in January of each year, and by resolution determine
such bond coverage for the ensuing year. [1994 c 92 § 441;
1979 c 113 § 4; 1945 c 235 § 28; Rem. Supp. 1945 § 3717147. Prior: 1939 c 98 § 2; 1933 c 183 § 20; 1925 ex.s. c
144 § 3; 1919 c 169 § 3; 1913 c 110 § 4; 1890 p 56 § 21.]
Severability—1979 c 113: See note following RCW 33.04.020.
33.16.150 Pensions, retirement plans and other
benefits. An association may provide for pensions, retirement plans and other benefits for its officers and employees,
and may contribute to the cost thereof in accordance with the
plan adopted by its board of directors. Any officer or
employee of the association who is also a director or any
director who has been an officer or employee is eligible for
and may receive such pension, retirement plan, or other
benefit to the extent that the officer or employee regularly
participates or the director while an officer or employee
regularly participated in the operation of the association.
[1982 c 3 § 36; 1945 c 235 § 38; Rem. Supp. 1945 § 3717157.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.16.170 Federal home loan bank as depositary.
See RCW 30.32.040.
Chapter 33.20
MEMBERS—SAVINGS
Sections
33.20.005
33.20.010
33.20.040
33.20.060
33.20.125
33.20.130
33.20.150
33.20.170
33.20.180
33.20.190
members of a mutual association, each member shall be
entitled to at least one vote. A mutual association, by its
bylaws, may provide that each member shall be entitled to
one vote for each one hundred dollars of the member’s
deposit account. At any meeting of the members, voting
may be in person or by proxy. Proxies shall be in writing
and signed by the member and, when filed with the secretary, shall continue in force until revoked or superseded by
subsequent proxies. Written notice of the time and place of
the holding of special meetings (other than the regular
annual meeting) shall be mailed to each member at his last
known address not more than thirty days, nor less than ten
days prior to the meeting. The regular annual meeting of the
mutual association shall be announced by publication of a
notice thereof in a newspaper published in the city or town,
or, if the association is not in a city or town, in the county
in which the association is located at least ten days prior to
the date of such meeting, or by ten days’ written notice to
the members mailed to the last known address of each
member. [1982 c 3 § 37; 1969 c 107 § 4; 1949 c 20 § 2;
1945 c 235 § 12; Rem. Supp. 1949 § 3717-131. Prior:
1933 c 183 §§ 13, 39; 1919 c 169 § 4; 1913 c 110 § 5; 1903
c 116 § 6; 1890 p 56 § 39.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.040 Minors as members. Subject to chapter
30.22 RCW, minors may become depositors or members of
an association and all contracts entered into between a minor
and an association, with respect to his membership or his
deposits therein, shall be valid and enforceable, and a minor
may not disaffirm, because of his minority, any such
membership or agreement in connection therewith. [1982 c
3 § 38; 1981 c 192 § 30; 1945 c 235 § 41; Rem. Supp. 1945
§ 3717-160. Prior: 1933 c 183 §§ 24, 40; 1919 c 169 § 5;
1913 c 110 § 6.]
Severability—1982 c 3: See note following RCW 33.04.002.
Effective date—1981 c 192: See RCW 30.22.900.
Deposits by individuals governed by chapter 30.22 RCW.
Mutual association member’s interest in assets—Meetings—
Voting—Proxies.
Minors as members.
State, political subdivisions, fiduciaries as depositors.
Record of member deposits—As in lieu of passbook, statement, or certificate of deposit.
Dormant accounts.
Deposits with interest to be repaid on request—
Postponement of withdrawals—Procedure.
Withdrawals may be limited—Conditions.
Classification of depositors—Regulation of earnings according to class.
Withdrawal by association draft or negotiable or transferable
order or authorization—Interest eligibility.
33.20.005 Deposits by individuals governed by
chapter 30.22 RCW. Deposits made by individuals in an
association are governed by chapter 30.22 RCW. [1981 c
192 § 29.]
Effective date—1981 c 192: See RCW 30.22.900.
33.20.060 State, political subdivisions, fiduciaries as
depositors. The state of Washington and the political
subdivisions thereof, and trustees, administrators, executors,
guardians, and other fiduciaries, either individual or corporate, in their fiduciary capacity, may be depositors in
associations. [1982 c 3 § 39; 1945 c 235 § 44; Rem. Supp.
1945 § 3717-163.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.125 Record of member deposits—As in lieu of
passbook, statement, or certificate of deposit. An association shall maintain a record of all deposits received from its
members. The issuance of a passbook, statement, or certificate may be omitted for any account if a record thereof is
maintained in lieu of a passbook, statement, or certificate of
deposit, on which shall be entered deposits, withdrawals, and
interest credited. [1982 c 3 § 40.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.010 Mutual association member’s interest in
assets—Meetings—Voting—Proxies. Each member having
deposits in a mutual association shall have a proportionate
proprietary interest in its assets or net earnings subordinate
to the claims of its other creditors. At any meeting of the
[Title 33 RCW—page 12]
33.20.130 Dormant accounts. When any savings
member shall have neither paid in nor withdrawn any funds
from his or her savings account in the association for seven
(2002 Ed.)
Members—Savings
consecutive years, and his or her whereabouts is unknown to
the association and he or she shall not respond to a letter
from the association inquiring as to his or her whereabouts,
sent by registered mail to his or her last known address, the
association may transfer his or her account to a "Dormant
Accounts" fund. Any savings account in the "Dormant
Accounts" fund shall not participate in the earnings of the
association except by permissive action of the directors of
the association. The member, or his or her or its executor,
administrator, successors or assigns, may claim the amount
so transferred from his or her account to the dormant
accounts fund at any time after such transfer. Should the
association be placed in liquidation while any savings
account shall remain credited in the dormant accounts fund
and before any valid claim shall have been made thereto, as
hereinabove provided, such savings account so credited,
upon order of the director and without any other escheat
proceedings, shall escheat to the state of Washington. [1994
c 92 § 442; 1945 c 235 § 53; Rem. Supp. 1945 § 3717-172.
Prior: 1933 c 183 § 38.]
Escheats: Chapter 11.08 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
33.20.150 Deposits with interest to be repaid on
request—Postponement of withdrawals—Procedure. The
deposits paid into an association, together with any interest
credited thereon, shall be repaid to the depositors thereof
respectively, or to their legal representatives, upon request.
If, in the judgment of the board, circumstances warrant
deferment of the payment of withdrawals from savings
accounts to a later date, thereafter withdrawals shall be paid
proportionately, on a percentage basis, to all depositors
requesting withdrawal until full withdrawal requests are paid
to all depositors. A board resolution of deferment shall not
affect the payments of withdrawals from federal tax and loan
accounts.
The board shall, however, have the right in its discretion, where need is shown, to pay not exceeding one hundred
dollars to any account holder in one month.
If, upon examination, the director finds that further postponement of withdrawals is unwarranted, the director may
order the association to resume full payment of withdrawals
and cancel all written withdrawal requests. Such order shall
be in writing.
The association’s failure, during a period of postponement, to pay withdrawal requests shall not authorize the
director to take charge of or liquidate the association. [1994
c 92 § 443; 1982 c 3 § 41; 1979 c 113 § 5; 1953 c 71 § 5;
1945 c 235 § 54; Rem. Supp. 1945 § 3717-173. Prior:
1939 c 98 § 5; 1933 c 183 §§ 29, 30, 31, 32, 33, 34, 37;
1919 c 169 § 10; 1913 c 110 § 16; 1890 p 56 § 27.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.20.170 Withdrawals may be limited—Conditions.
The director further is empowered, if in his or her judgment
the circumstances warrant it, to issue in writing a declaration
that an acute business depression, state of panic, or economic
emergency exists, in which event the directors of any
association, state or federal, within the state may limit
(2002 Ed.)
33.20.130
withdrawals by resolution, subject to the following conditions; that incoming funds shall be applied:
First, to the payment of operating expenses, indebtedness, taxes, insurance, and to the necessary charges for the
protection of the association and its investments;
Second, to the payment to members of emergency
withdrawals not exceeding twenty-five dollars per month to
any member. The board of directors of any association, with
the prior written approval of the director, by resolution may
authorize the payment of emergency withdrawals not
exceeding one hundred dollars per month to any member;
Third, to the payment of dividends on the savings of its
members;
Fourth, three-fourths of all remaining receipts of the
association, except interest payments, shall be applied to the
payment of withdrawals, until all withdrawal requests have
been paid.
All such withdrawal payments shall be made to members having withdrawal requests on file in proportion to the
amount of such withdrawal requests. [1994 c 92 § 444;
1945 c 235 § 99; Rem. Supp. 1945 § 3717-218. Prior:
1939 c 98 § 5; 1933 c 183 §§ 29, 30, 31, 32, 33, 34; 1919
c 169 § 10; 1913 c 110 § 16; 1890 p 56 § 27.]
33.20.180 Classification of depositors—Regulation
of earnings according to class. An association may classify
its depositors according to the character, amount, frequency
or duration of their dealings with the association and may
regulate the earnings in such manner that each depositor
receives the same rate of interest as all others of the
depositor’s class. [1982 c 3 § 42; 1969 c 107 § 9.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.20.190 Withdrawal by association draft or
negotiable or transferable order or authorization—
Interest eligibility. An association may, on instruction from
a depositor, effect withdrawals from the depositor’s account
by the association’s drafts payable to parties and on terms as
so instructed. An association may allow a depositor to effect
withdrawals or transfers from the depositor’s account upon
negotiable or transferable order or authorization to the
association. To the extent of the subjection of accounts to
such withdrawal instructions or orders, such accounts may be
specifically classified under RCW 33.20.180 and ineligible
to receive interest or eligible only for limited interest. [1982
c 3 § 43; 1980 c 54 § 1; 1969 c 107 § 10.]
Severability—1982 c 3: See note following RCW 33.04.002.
Contingent effective date—1980 c 54: "The provisions of this 1980
amendatory act shall take effect on the effective date of a law enacted by
the United States Congress enabling depository institutions in the state of
Washington to allow the owner of a deposit or account on which interest or
dividends are paid to make withdrawals by negotiable or transferable
instruments for the purpose of making transfers to third parties." [1980 c
54 § 3.] Section 303 of the Consumer Checking Account Equity Act of
1980, 94 Stat. 145, authorizes the above-mentioned withdrawals. Section
303 has an effective date of December 31, 1980.
[Title 33 RCW—page 13]
Chapter 33.24
Title 33 RCW: Savings and Loan Associations
Chapter 33.24
LOANS AND INVESTMENTS
Sections
33.24.005
33.24.007
33.24.010
33.24.015
33.24.020
33.24.025
33.24.030
33.24.040
33.24.050
33.24.060
33.24.065
"Mortgage" includes deed of trust and real estate contract.
"Real property" defined.
Loans to any one person—Limitation.
Loans generally—Limitation.
Obligations of United States or Canada.
Investment in investment trusts or companies.
Obligations of this state.
Obligations of other states.
Obligations of municipal corporations in this state.
Obligations of municipal corporations in any state.
Obligations issued or guaranteed by multilateral development bank.
33.24.070 City or district light, water, and sewer revenue bonds.
33.24.080 Local improvement district bonds.
33.24.090 Obligations of federal and state agencies—Investment in
other associations.
33.24.100 Loans or other obligations secured by real property.
33.24.115 Forming, incorporating with, or investing in other entities—
Limitation.
33.24.160 Investment in office equipment and real property interests
used in doing business.
33.24.200 Personal liability on unlawful loans.
33.24.210 Revenue bonds of public utility districts.
33.24.220 Stock or bonds of federal home loan bank.
33.24.270 Stock in small business investment companies.
33.24.295 Loans for nonbusiness family purposes—Limitation.
33.24.345 Acquisition of control of association—Authorized.
33.24.350 Acquisition of control of association—Definitions.
33.24.360 Acquisition of control of association—Unlawful, when—
Application—Contents—Notice to other associations.
33.24.370 Acquisition of control of association—Action or proceeding
to prevent—Grounds.
33.24.375 Acquisition of control of association—Application to foreign
association branches.
33.24.380 Acquisition of control of association—Penalty.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Interest and usury in general: Chapter 19.52 RCW.
Mortgages: Title 61 RCW.
Real property and conveyances: Title 64 RCW.
33.24.005 "Mortgage" includes deed of trust and
real estate contract. The word "mortgage" as used in this
title includes deed of trust and real estate contract. [1982 c
3 § 44; 1973 c 130 § 28.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.007 "Real property" defined. Unless the
context clearly requires otherwise, "real property" means
improved or unimproved real estate and includes leasehold
interests in improved or unimproved real estate and includes
manufactured housing whether temporarily, semipermanently,
or permanently attached to land and mobile homes and
manufactured homes whose title has been eliminated under
chapter 65.20 RCW. [1989 c 343 § 23; 1982 c 3 § 49.]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.010 Loans to any one person—Limitation.
An association may invest its funds only as provided in this
chapter.
[Title 33 RCW—page 14]
It shall not invest more than two and a half percent of
its assets in any loan or obligation to any one person, except
with the written approval of the director. [1994 c 92 § 445;
1982 c 3 § 45; 1979 c 113 § 6; 1963 c 246 § 7; 1953 c 71
§ 6; 1947 c 257 § 5; 1945 c 235 § 58; Rem. Supp. 1947 §
3717-177. Prior: 1939 c 98 § 11; 1933 c 183 §§ 39, 52, 56,
58; 1925 ex.s. c 144 § 5; 1913 c 110 §§ 8, 9; 1903 c 116 §
2; 1890 p 56 §§ 4, 30.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.24.015 Loans generally—Limitation. An association may invest not more than twenty percent of its assets in
loans on such terms as it deems appropriate. [1982 c 3 §
51.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.020 Obligations of United States or Canada.
An association may invest its funds in loans upon or
purchases of the bonds or obligations of or bonds or obligations guaranteed by the United States of America, including
bonds of the District of Columbia, of the Dominion of
Canada, or those for which the faith of the United States or
the Dominion of Canada is pledged to provide for the
payment of interest and principal: PROVIDED, That, in the
case of bonds of the Dominion of Canada or those for which
its faith is pledged, the interest and principal shall be payable
in the United States or with exchange to a city in the United
States and in lawful money of the United States or its
equivalent. [1947 c 257 § 6; 1945 c 235 § 59; Rem. Supp.
1947 § 3717-178. Prior: 1939 c 98 § 11; 1935 c 9 §§ 1, 2,
3; 1933 c 183 § 56.]
33.24.025 Investment in investment trusts or
companies. Except as may be limited by the director by
rule, an association may invest its funds in obligations of the
United States, as authorized by RCW 33.24.020, either
directly or in the form of securities of, or other interests in,
an open-end or closed-end management type investment
company or investment trust registered under the federal investment company act of 1940, as now or hereafter amended, if both of the following conditions are met:
(1) The portfolio of the investment company or investment trust is limited to obligations of the United States and
to repurchase agreements fully collateralized by such
obligations; and
(2) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian. [1994 c 92 §
446; 1989 c 97 § 3.]
33.24.030 Obligations of this state. An association
may invest its funds in the bonds or interest bearing obligations of this state or any agency thereof. [1955 c 126 § 1;
1945 c 235 § 60; Rem. Supp. 1945 § 3717-179. Prior:
1939 c 98 § 11; 1933 c 183 § 56.]
33.24.040 Obligations of other states. An association
may invest its funds in the bonds or interest bearing obligations of any other state of the United States upon which
(2002 Ed.)
Loans and Investments
there is no existing default and upon which there has been
no default for more than ninety days within ten years
immediately preceding the investment: PROVIDED, That
such state has not been in default for more than ninety days,
within said ten years, in the payment of any part of the
principal or interest of any debt contracted by it or for which
the faith of such state was pledged. [1945 c 235 § 61; Rem.
Supp. 1945 § 3717-180. Prior: 1939 c 98 § 11; 1933 c 183
§ 56.]
33.24.050 Obligations of municipal corporations in
this state. An association may invest its funds in the valid
warrants or bonds of any city, town, county, school district,
port district, or other municipal corporation in the state of
Washington which are issued pursuant to law and for the
payment of which the faith and credit of such municipal
corporations is pledged and taxes are leviable upon all
taxable property within its limits. The aggregate of the
investments of an association in any issue of such warrants
or bonds shall at no time exceed five percent of the amount
of its savings accounts. [1945 c 235 § 62; Rem. Supp. 1945
§ 3717-181. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
33.24.060 Obligations of municipal corporations in
any state. An association may invest its funds in the valid
warrants or bonds of any city, county, school district, port
district, or other municipal corporation in the United States
having a population of not less than fifty thousand inhabitants as determined by the last federal census, which municipal corporation has not defaulted in the payment of interest
or principal upon any general obligation, including those for
which its credit was pledged, within ten years last past, and
for the payment of which the faith and credit of such
municipal corporation is pledged and taxes are leviable upon
all taxable property within its limits. No such investment
shall be made unless the warrants or bonds for purchase are
rated not less than BAA by Moody’s Investors’ Service, or
have equivalent rating of another standard rating bureau, and
the aggregate of the investments of an association in any
issue of such warrants or bonds shall at no time exceed five
percent of the amount of its savings accounts. [1945 c 235
§ 63; Rem. Supp. 1945 § 3717-182. Prior: 1939 c 98 § 11;
1933 c 183 § 56.]
33.24.065 Obligations issued or guaranteed by
multilateral development bank. An association may invest
in obligations issued or guaranteed by any multilateral
development bank in which the United States government
formally participates. Such investment in any one multilateral development bank shall not exceed five percent of the
association’s assets. [1985 c 301 § 3.]
33.24.070 City or district light, water, and sewer
revenue bonds. An association may invest its funds in the
revenue bonds of any city, town, district, or political subdivision of this state for the payment of which revenue of the
city, town, district or political subdivision utility or revenue
producing facility is irrevocably pledged.
It may invest its funds in the light, water, or sewer
revenue bonds of any city or other municipal corporation in
the United States having a population of not less than fifty
(2002 Ed.)
33.24.040
thousand inhabitants as determined by the last federal census,
which has not defaulted in the payment of interest or
principal upon this or any like obligation, including those for
which its credit was pledged, within ten years last past, for
the payment of which the entire revenue of the city’s or
other municipal corporation’s light, water, or sewer system,
less maintenance and operating costs, is irrevocably pledged.
The aggregate of the investments of an association in
any issue of such revenue bonds shall at no time exceed five
percent of the amount of its savings accounts. [1955 c 126
§ 2; 1945 c 235 § 64; Rem. Supp. 1945 § 3717-183. Prior:
1939 c 98 § 11; 1933 c 183 § 56.]
33.24.080 Local improvement district bonds. An
association may invest its funds in the bonds of any local
improvement district of any city of this state (except bonds
issued for an improvement consisting of grading only), the
ultimate payment of which is guaranteed by the municipality
under the provisions of guaranty laws of this state: PROVIDED, That one-half of the lots in the district are improved
with revenue producing houses or other improvements and
that local improvement district bonds falling within the
twenty-five percent, in amount of any issue, last callable for
payment shall neither be acquired nor taken as security. The
aggregate of the investments of an association in any issue
of such bonds shall at no time exceed three percent of the
amount of its savings accounts, and it may not have invested, at any one time, more than one hundred thousand dollars
in the bonds of any such district. [1953 c 71 § 7; 1945 c
235 § 65; Rem. Supp. 1945 § 3717-184. Prior: 1939 c 98
§ 11; 1933 c 183 § 56.]
33.24.090 Obligations of federal and state agencies—Investment in other associations. An association
may invest its funds in stock or notes, bonds, debentures, or
other such obligations of any federal home loan bank, the
Home Owners’ Loan Corporation, any federal land bank, the
Federal Savings and Loan Insurance Corporation, the Federal
Housing Administration, the Federal National Mortgage
Association, or any other instrumentality of the federal
government, or any state or federal agency organized under
the laws of the United States or of the state of Washington
authorized to loan to or act as a fiscal agency for, or insurer
of, a savings and loan association.
An association may become a member of and invest its
funds in other savings and loan associations organized under
either federal or state law, which have an authorized office
in this state: PROVIDED, That the investment in any such
other savings and loan association shall not exceed the
amount which is insured by the Federal Savings and Loan
Insurance Corporation. [1959 c 280 § 3; 1953 c 71 § 8;
1945 c 235 § 66; Rem. Supp. 1945 § 3717-185. Prior:
1939 c 98 § 11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 § 56.]
33.24.100 Loans or other obligations secured by
real property. An association may invest its funds in loans,
mortgages, or other obligations secured by real property.
[1982 c 3 § 46; 1979 c 113 § 7; 1969 c 107 § 5; 1949 c 20
§ 6; 1945 c 235 § 67; Rem. Supp. 1949 § 3717-186. Prior:
1939 c 98 § 11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 §§ 56, 58;
[Title 33 RCW—page 15]
33.24.100
Title 33 RCW: Savings and Loan Associations
1925 ex.s. c 144 § 5; 1913 c 110 §§ 8, 9; 1903 c 116 § 2;
1890 p 56 § 4.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.24.115 Forming, incorporating with, or investing
in other entities—Limitation. An association, alone or in
conjunction with other entities, may form, incorporate, or
invest in corporations or other entities, whether or not such
other corporation or entity is related to the association’s
business. The aggregate amount of funds invested or used
in the formation of corporations or other entities under this
section shall not exceed ten percent of the assets of the
association. [1982 c 3 § 50.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.160 Investment in office equipment and real
property interests used in doing business. An association
may invest its funds in the acquisition of furniture, fixtures
and office equipment convenient and necessary for the carrying on of its business.
An association may invest its funds in real property or
leasehold interests therein for use in the transaction of its
business. [1982 c 3 § 47; 1945 c 235 § 73; Rem. Supp.
1945 § 3717-192. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.200 Personal liability on unlawful loans.
Every director, officer, agent, or employee of an association
who shall borrow or who shall knowingly permit any person
to borrow any of its funds in violation of the provisions of
this title shall be personally liable for any loss or damage
which the association may sustain in consequence thereof.
[1945 c 235 § 94; Rem. Supp. 1945 § 3717-213.]
33.24.210 Revenue bonds of public utility districts.
See RCW 54.24.120.
33.24.220 Stock or bonds of federal home loan
bank. See RCW 30.32.020.
Home loan bank as depositary: RCW 30.32.040.
May borrow from home loan bank: RCW 30.32.030.
33.24.270 Stock in small business investment
companies. A savings and loan association may purchase
and hold for its own investment accounts stock in small
business investment companies licensed and regulated by the
United States as authorized by the small business act, Public
Law 85-536, as amended and now in force, in an amount not
to exceed one percent of its assets. [1973 c 130 § 30; 1969
c 107 § 13.]
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.24.295 Loans for nonbusiness family purposes—
Limitation. An association may invest not to exceed twenty
percent of its assets in loans for any nonbusiness family
purposes. [1982 c 3 § 48; 1979 c 113 § 12; 1973 c 130 §
27.]
Severability—1979 c 113: See note following RCW 33.04.020.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.345 Acquisition of control of association—
Authorized. A person or other entity, including an association, organized under the laws of this state or authorized to
transact business in this state, may acquire any or all of the
assets or shares of stock of any association authorized to
transact business under this title. [1982 c 3 § 52.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.350 Acquisition of control of association—
Definitions. Unless the context requires otherwise, the
definitions in this section apply throughout this chapter.
(1) "Subsidiary" of a person or other entity means any
person or other entity which is controlled by such person or
other entity.
(2) "Control" means directly or indirectly or acting in
concert with one or more other persons or entities, or
through one or more subsidiaries, owning, controlling, or
holding with the power to vote twenty-five percent or more
of the voting rights of an association.
(3) "Acquiring party" means the person or other entity
acquiring control of a savings and loan association. [1982
c 3 § 53; 1973 c 130 § 1.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 130 § 32.]
33.24.360 Acquisition of control of association—
Unlawful, when—Application—Contents—Notice to other
associations. (1) It is unlawful for any acquiring party to
acquire control of an association until thirty days after the
date of filing with the director an application containing
substantially all of the following information and any
additional information that the director may prescribe as
necessary or appropriate in the public interest or for the
protection of deposit account holders, borrowers or stockholders:
(a) The identity, character, and experience of each
acquiring party by whom or on whose behalf acquisition is
to be made;
(b) The financial and managerial resources and future
prospects of each acquiring party involved in the acquisition;
(c) The terms and conditions of any proposed acquisition and the manner in which such acquisition is to be made;
(d) The source and amount of the funds or other
consideration used or to be used in making the acquisition
and, if any part of these funds or other consideration has
been or is to be borrowed or otherwise obtained for the
purpose of making the acquisition, a description of the
transaction and the names of the parties. However, where a
source of funds is a loan made in the lender’s ordinary
course of business, if the person filing the statement so
requests, the director shall not disclose the name of the
lender to the public;
(e) Any plans or proposals which any acquiring party
making the acquisition may have to liquidate the association
to sell its assets, to merge it with any company, or to make
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 16]
(2002 Ed.)
Loans and Investments
any other major changes in its business or corporate structure
or management;
(f) The identification of any persons employed, retained
or to be compensated by the acquiring party, or by any
person on his or her behalf, who makes solicitations or
recommendations to stockholders for the purpose of assisting
in the acquisition, and brief description of the terms of such
employment, retainer, or arrangements for compensation;
(g) Copies of all invitations for tenders or advertisements making a tender offer to stockholders for purchase of
their stock to be used in connection with the proposed
acquisition.
When an unincorporated company is required to file the
statements under (1)(a), (b), and (f) of this section, the
director may require that the information be given with
respect to each partner of a partnership or limited partnership, by each member of a syndicate or group, and by each
person who controls a partner or member. When an incorporated company is required to file the statements under
(1)(a), (b), and (f) of this section, the director may require
that the information be given for the corporation and for
each officer and director of the corporation and for each
person who is directly or indirectly the beneficial owner of
twenty-five percent or more of the outstanding voting
securities of the corporation. If any tender offer, request or
invitation for tenders or other agreement to acquire control
is proposed to be made by means of a registration statement
under the federal securities act of 1933 (48 Stat. 74, 15
U.S.C. Sec. 77a), as amended, or in circumstances requiring
the disclosure of similar information under the federal
securities exchange act of 1934 (48 Stat. 881; 15 U.S.C. Sec.
77b), as amended, or in an application filed with the federal
home loan bank board requiring similar disclosure, such
registration statement or application may be filed with the
director in lieu of the requirements of this section.
(2) The director shall give notice by mail to all associations doing business within the state of the filing of an
application to acquire control of an association. The
association shall transmit a check to the director for two
hundred dollars when filing the application to cover the
expense of notification. Persons interested in protesting the
application may contact the director in person or by writing
prior to a date which shall be given in the notice. [1994 c
92 § 447; 1982 c 3 § 54; 1979 c 113 § 13; 1973 c 130 § 2.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.370 Acquisition of control of association—
Action or proceeding to prevent—Grounds. The director
may within thirty days after the date of filing of the application under RCW 33.24.360, file an action or proceeding in
superior court to prevent the pending acquisition of control
if the director finds any of the following:
(1) The acquisition would substantially lessen competition or would in any manner be in restraint of trade or would
result in a monopoly, or would be in furtherance of any
combination or conspiracy to monopolize or to attempt to
monopolize the savings and loan business in any part of the
state of Washington, unless the director also finds that the
anticompetitive effects of the proposed acquisition are clearly
(2002 Ed.)
33.24.360
outweighed in the public interest by the probable effect of
the acquisition in meeting the convenience and needs of the
community to be served;
(2) The poor financial condition of any acquiring party
might jeopardize the financial stability of the association
being acquired or might prejudice the interests of the
depositors, borrowers, or stockholders of the association or
is not in the public interest;
(3) The plan or proposal under which the acquiring
party intends to liquidate the association, to sell its assets, or
to merge it with any person or company, or to make any
other major change in its business or corporate structure or
management, is not fair and reasonable to the association’s
depositors, borrowers, or stockholders or is not in the public
interest; or
(4) The competence, experience and integrity of any
acquiring party who would control the operation of the
association indicates that approval would not be in the
interest of the association’s depositors, borrowers, or
stockholders nor in the public interest. [1994 c 92 § 448;
1982 c 3 § 55; 1973 c 130 § 3.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.24.375 Acquisition of control of association—
Application to foreign association branches. RCW
33.24.345, 33.24.350, 33.24.360, and 33.24.370 do not apply
to foreign associations doing business in this state, except
when an acquiring party intends to acquire only one or more
branches of a foreign association which are located in this
state. [1982 c 3 § 56.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.24.380 Acquisition of control of association—
Penalty. Any person who wilfully violates any provision of
RCW 33.24.360, or any regulation or order thereunder, is
guilty of a misdemeanor and shall upon conviction be fined
not more than one thousand dollars for each day during
which the violation continues. [1973 c 130 § 4.]
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
Chapter 33.28
FEES AND TAXES
Sections
33.28.010
33.28.020
33.28.040
Filing and copy fees.
Fee for examination and supervision costs.
Taxation of associations.
33.28.010 Filing and copy fees. The secretary of
state shall collect fees of twenty dollars in advance for filing
articles of incorporation. The secretary of state shall
establish by rule, fees for amendments to articles of incorporation, other certificates required to be filed in his or
her office, and for furnishing copies of papers filed in his or
her office.
Every association shall also pay to the secretary of state,
for filing any instrument with him or her, the same fees as
are required of general corporations for filing similar papers.
[Title 33 RCW—page 17]
33.28.010
Title 33 RCW: Savings and Loan Associations
[1993 c 269 § 13; 1981 c 302 § 33; 1945 c 235 § 76; Rem.
Supp. 1945 § 3717-195.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Severability—1981 c 302: See note following RCW 19.76.100.
Corporations, fees in general: Chapter 23B.01 RCW.
33.28.020 Fee for examination and supervision
costs. The director shall collect from each association a fee,
the amount of which shall be set by rule, to cover the actual
cost of examinations and supervision. [1994 c 92 § 449;
1982 c 3 § 57; 1974 ex.s. c 22 § 1; 1969 c 107 § 6; 1961 c
222 § 4; 1945 c 235 § 77; Rem. Supp. 1945 § 3717-196.
Prior: 1933 c 183 § 82; 1919 c 169 § 11; 1913 c 110 § 18.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.28.040 Taxation of associations. The fees
provided for in this title shall be in lieu of all other corporation fees, licenses, or excises for the privilege of doing
business, except for business and occupation taxes imposed
pursuant to chapter 82.04 RCW, and except for license fees
or taxes imposed by a city or town under RCW 82.14A.010,
notwithstanding any other provisions of this section.
Neither an association nor its members shall be taxed
upon its deposit accounts as property, nor shall a domestic
association be taxed upon its real and tangible personal
property at a rate greater than any federal association doing
business in this state.
An association is an institution for deposits and neither
it nor its property shall be taxed under any law which shall
exempt banks or other savings institutions, state or federal,
from taxation.
For all purposes of taxation, the assets represented by
the contingent fund, guaranty fund, and other reserves (other
than reserves for expenses and specific losses) of an association shall be deemed its only permanent capital and, in
computing any tax, whether property, income, or excise,
appropriate adjustments shall be made to give effect to the
nature of such association. [1982 c 3 § 58; 1972 ex.s. c 134
§ 4; 1970 ex.s. c 101 § 1; 1945 c 235 § 79; Rem. Supp.
1945 § 3717-198. Prior: 1933 c 183 § 86; 1913 c 110 § 17;
1890 p 56 §§ 35, 38.]
Severability—1982 c 3: See note following RCW 33.04.002.
Effective date—1972 ex.s. c 134: See RCW 82.14A.900.
Severability—1970 ex.s. c 101: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 101 § 5.]
Effective date—1970 ex.s. c 101: "This act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect March 1, 1970." [1970 ex.s. c 101 § 6.]
City or town license fees or taxes on financial institutions: Chapter 82.14A
RCW.
Chapter 33.32
FOREIGN ASSOCIATIONS
Sections
33.32.020
33.32.030
33.32.050
33.32.060
Examinations and reports.
Subject to state regulations and laws.
Power of attorney for service of process.
Reciprocity.
[Title 33 RCW—page 18]
33.32.070
33.32.080
Failure to comply with title as disqualifying act.
Nonadmitted foreign associations—Powers relative to secured interests.
33.32.020 Examinations and reports. Unless
prohibited by the laws of the state in which it is incorporated, a foreign association or like corporation authorized to do
business in this state which, by the laws of the state in which
it is incorporated, is required to be examined or to make
reports to officers of such state, after each such examination
or on the making of each such report, shall furnish to the
director a copy of such examination or report, certified by
the officer of the state making such examination or receiving
the report. [1994 c 92 § 450; 1982 c 3 § 59; 1945 c 235 §
81; Rem. Supp. 1945 § 3717-200. Prior: 1933 c 183 § 87;
1913 c 110 § 21; 1890 p 56 §§ 14, 37.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.32.030 Subject to state regulations and laws.
Except as to those matters relating strictly to its internal
management which are governed by provisions of the law of
the state of its incorporation inconsistent with this title, a
foreign association or like corporation authorized to transact
business in this state shall conduct its business in
conformance with the provisions of this title and all requirements of the director.
All agreements made by any foreign association or like
corporation doing business in this state with any resident of
this state shall be deemed and construed to be made within
this state. [1994 c 92 § 451; 1982 c 3 § 60; 1945 c 235 §
82; Rem. Supp. 1945 § 3717-201. Prior: 1933 c 183 § 87;
1913 c 110 § 21; 1890 p 56 §§ 9, 14.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.32.050 Power of attorney for service of process.
No foreign savings and loan association or like corporation
shall do business in this state until it shall file with the
director a written irrevocable power of attorney providing
that service upon the director of any process issued against
it by any court in this state shall constitute valid service of
such process upon it. Such service shall be had by serving
upon the director two copies of such summons or other
process, together with the sum of two dollars. The director,
upon receipt of any such summons or other process, shall
forthwith transmit, by registered mail, one copy thereof to
the principal office of such foreign association or corporation. [1994 c 92 § 452; 1945 c 235 § 84; Rem. Supp. 1945
§ 3717-203. Prior: 1933 c 183 § 87; 1890 p 56 §§ 9, 10,
12.]
33.32.060 Reciprocity. No foreign savings and loan
association shall be permitted to do business in this state on
more favorable terms and conditions than the associations
organized under the laws of this state are permitted to do
business in the state in which such foreign association or
corporation is organized. [1945 c 235 § 85; Rem. Supp.
1945 § 3717-204. Prior: 1933 c 183 § 88; 1890 p 56 § 13.]
33.32.070 Failure to comply with title as disqualifying act. Any foreign savings and loan association or like
corporation doing business in this state which fails to comply
(2002 Ed.)
Foreign Associations
with any provision of this title as required shall not thereafter transact any business within this state. [1982 c 3 § 61;
1945 c 235 § 86; Rem. Supp. 1945 § 3717-205. Prior:
1933 c 183 § 89; 1913 c 110 § 21; 1890 p 56 §§ 14, 20.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.32.080 Nonadmitted foreign associations—
Powers relative to secured interests. See chapter 23B.18
RCW.
Chapter 33.36
PROHIBITED ACTS—PENALTIES
Sections
33.36.010
33.36.020
33.36.030
33.36.040
Illegal loans or investments.
Purchase at discount of accounts or certificates.
Preference in case of insolvency.
Falsification of books—Exhibiting false document—Making
false statement of assets or liabilities.
33.36.050 False statement affecting financial standing.
33.36.060 Suppressing, secreting, or destroying evidence or records.
Assignment for benefit of creditors: Chapter 7.08 RCW.
False representations: Chapter 9.38 RCW.
33.36.010 Illegal loans or investments. Any director,
officer, agent, or employee of an association who, on behalf
of such association, shall knowingly and wilfully make or
participate in making or consent to any loan or investment
contrary to the provisions of this title shall be guilty of a
gross misdemeanor. [1945 c 235 § 87; Rem. Supp. 1945 §
3717-206. Prior: 1933 c 183 §§ 53, 62, 102, 111; 1919 c
169 § 16; 1913 c 110 § 27.]
33.36.020 Purchase at discount of accounts or
certificates. Any director, officer, agent, attorney, or
employee of an association who, directly or indirectly, shall
purchase at a discount any savings account in the association
or any certificate or debenture of any segregation corporation
holding assets formerly held by the association shall be
guilty of a gross misdemeanor. [1945 c 235 § 88; Rem.
Supp. 1945 § 3717-207. Prior: 1933 c 183 §§ 62, 101.]
33.36.030 Preference in case of insolvency. Every
transfer of its property and assets by any association in this
state, made in contemplation of insolvency, or after it
becomes insolvent, with a view to the preference of one
creditor or member over another, or to prevent the proper
distribution of its property and assets among its creditors and
members, shall be void.
Every director, officer, agent, or employee making such
transfer or assisting therein is guilty of a class C felony as
provided in chapter 9A.20 RCW. [1982 c 3 § 62; 1945 c
235 § 89; Rem. Supp. 1945 § 3717-208.]
33.32.070
with intent to deceive any person authorized to examine into
the affairs of any association, or knowingly makes or
publishes any false statement of the amount of the assets or
liabilities of the association, is guilty of a class C felony as
provided in chapter 9A.20 RCW. [1982 c 3 § 63; 1945 c
235 § 90; Rem. Supp. 1945 § 3717-209. Prior: 1933 c 183
§ 101; 1919 c 169 §§ 12, 18; 1913 c 110 § 19.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.36.050 False statement affecting financial
standing. Any person who wilfully instigates, makes,
circulates, or transmits to another or others any statement
which the person knows to be false concerning the financial
condition or affecting the financial standing of any association doing business in this state, or who wilfully counsels,
aids, procures or induces another to start, transmit, or
circulate any such statement which the person knows to be
false, is guilty of a gross misdemeanor. [1982 c 3 § 64;
1945 c 235 § 92; Rem. Supp. 1945 § 3717-211. Prior:
1933 c 183 § 110.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.36.060 Suppressing, secreting, or destroying
evidence or records. Any person who, for the purpose of
concealing any material fact, suppresses any evidence or
abstract, removes, mutilates, destroys, or secretes any book,
paper or record of an association, or of the director, or of
anyone connected with the association or the office of the
director, is guilty of a class C felony as provided in chapter
9A.20 RCW. [1994 c 92 § 453; 1982 c 3 § 65; 1945 c 235
§ 91; Rem. Supp. 1945 § 3717-210. Prior: 1933 c 183 §
106; 1919 c 169 § 19.]
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.40
INSOLVENCY, LIQUIDATION, MERGER
Sections
33.40.010
33.40.020
33.40.030
33.40.040
33.40.050
33.40.060
33.40.070
33.40.075
33.40.080
33.40.110
33.40.120
33.40.130
33.40.150
Voluntary liquidation, merger, etc., authorized—Procedure.
Director may take possession of domestic association on
notice for delinquency.
Possession without notice.
Procedure on taking possession.
Involuntary liquidation—Procedure—Federal insurance corporation as liquidator.
Procedure to be as in receivership.
Liquidator’s powers.
Investment of liquidation funds—Use of income.
Disposition of records.
Voluntary liquidation—Disposition of unclaimed dividends
and records.
Removal of liquidator—Appellate review.
Payment of deposits accepted during economic emergency,
preference.
Appointment of provisional officers and directors.
Severability—1982 c 3: See note following RCW 33.04.002.
33.36.040 Falsification of books—Exhibiting false
document—Making false statement of assets or liabilities.
Every person who subscribes to or knowingly makes or
causes to be made any false statement or false entry in the
books of any association, or knowingly subscribes to or
exhibits any false or fictitious security, document, or paper,
(2002 Ed.)
33.40.010 Voluntary liquidation, merger, etc.,
authorized—Procedure. Any domestic association may
determine to enter upon voluntary liquidation, to transfer its
assets and liabilities to another association, to merge with
another association, to segregate its assets into classes, to
charge off its losses in excess of its reserves.
[Title 33 RCW—page 19]
33.40.010
Title 33 RCW: Savings and Loan Associations
Any such liquidation, transfer, merger, segregation, or
charge-off shall be effected by the vote of a majority in
amount of the members present, in person or by proxy, at
any regular or special meeting of the members called for
such purpose. Notice of such meeting, stating the purpose
thereof, shall be given the director at least thirty days prior
to the meeting and to the members pursuant to the provisions
contained in RCW 33.20.010.
If such liquidation, transfer, merger, segregation, or
charge-off be authorized by the members at the meeting, the
directors of the association are authorized and shall effect
such action, and the officers of the association shall execute
all proper conveyances, documents, and other papers
necessary or proper thereunto. [1994 c 92 § 454; 1949 c 20
§ 9; 1945 c 235 § 102; Rem. Supp. 1949 § 3717-221. Prior:
1935 c 171 § 4; 1933 c 183 §§ 60, 78; 1919 c 169 § 17.]
33.40.020 Director may take possession of domestic
association on notice for delinquency. Whenever it
appears to the director that any domestic association is in an
unsound condition or is conducting its business in an unsafe
manner or is refusing to submit its books, papers, or concerns to lawful inspection, or that any director or officer
thereof refuses to submit to examination on oath touching its
concerns and affairs or that it has failed to carry out any
authorized order or direction of the director, the director may
give notice to the association so offending or delinquent or
whose director or officer is thus offending or delinquent to
correct such offense or delinquency and, if such association
or such director or officer fails to correct the condition,
offense, or delinquency within a reasonable time, as determined by the director, the director may take possession of
the association. [1994 c 92 § 455; 1982 c 3 § 66; 1945 c
235 § 103; Rem. Supp. 1945 § 3717-222. Prior: 1933 c
183 §§ 68, 71.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.030 Possession without notice. Whenever it
shall appear to the director that any association is in an
unsound or unsafe condition to continue business or is
insolvent, the director may take possession thereof without
notice. [1994 c 92 § 456; 1945 c 235 § 104; Rem. Supp.
1945 § 3717-223. Prior: 1933 c 183 §§ 68, 71.]
33.40.040 Procedure on taking possession. Upon the
director taking possession of any domestic association, the
director shall proceed to liquidate the association unless, in
the director’s discretion, the director shall determine to call
a meeting of the members to consider either a proportionate
charge-off against the deposit accounts to permit the association thereafter to continue in business, or whether the association should proceed to voluntary liquidation under the
management of its board of directors. In such event, if the
director approves the decision of a majority in amount of the
members present and voting, the director shall order such
action to be taken.
During any period of voluntary liquidation, the director
may take possession of the association and its assets and
complete the liquidation whenever, in the director’s discretion, this seems advisable. [1994 c 92 § 457; 1982 c 3 § 67;
1945 c 235 § 105; Rem. Supp. 1945 § 3717-224. Prior:
[Title 33 RCW—page 20]
1935 c 171 § 4; 1933 c 183 §§ 70, 72, 78; 1919 c 169 § 13;
1913 c 110 § 20.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.050 Involuntary liquidation—Procedure—
Federal insurance corporation as liquidator. Whenever
the director determines to liquidate the affairs of a domestic
association, the director shall cause the attorney general to
present to the superior court of the county in which the
association has its principal place of business a written
petition setting forth the date of the taking of possession, the
reasons therefor, and other material facts concerning the affairs of the association and, if the court determines that the
association should be liquidated, it shall appoint the director,
or other responsible person as recommended by the director,
as the liquidator of the association and fix and require a
bond to be given by the liquidator conditioned for the
faithful performance of the duties as such liquidator, but if
the association has the insurance protection provided by Title
IV of the National Housing Act, as now or hereafter amended, the court upon the request of the director may tender to
the federal savings and loan insurance corporation the
appointment as liquidator.
Upon the filing with and approval by the court of the
bond, the director or other person appointed shall enter upon
the duties as liquidator of the affairs of the association, and,
under the direction of the court, shall administer and
liquidate the assets thereof and apply the same to the
payment of the expenses of liquidation and the debts of the
association, and distribute the remainder to the deposit
accounts proportionately.
If the court tenders the appointment as liquidator to the
federal savings and loan insurance corporation, and if the
insurance corporation accepts the appointment, it shall have
and possess all the powers and privileges provided by the
laws of this state with respect to a liquidator of an association, its depositors and other creditors, and be subject to
all the duties of such liquidator, except insofar as such
powers, privileges, or duties are in conflict with the provisions of Title IV of the National Housing Act, as now or
hereafter amended. In any liquidation proceeding in which
the insurance corporation is the liquidator, it may proceed to
liquidate without being subject to the control of the court
and without bond. [1994 c 92 § 458; 1982 c 3 § 68; 1973
c 130 § 29; 1945 c 235 § 106; Rem. Supp. 1945 § 3717-225.
Prior: 1935 c 171 § 4; 1933 c 183 §§ 70, 72, 73, 74, 76, 77,
78; 1919 c 169 § 13; 1913 c 110 § 20.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.40.060 Procedure to be as in receivership. In
any such liquidation proceeding, the court, except as otherwise in this title expressly provided, shall have the powers
and proceed as in receivership proceedings. [1945 c 235 §
107; Rem. Supp. 1945 § 3717-226. Prior: 1935 c 171 § 4;
1933 c 183 §§ 70, 72, 73, 75, 76, 77, 78; 1919 c 169 § 13;
1913 c 110 § 20.]
33.40.070 Liquidator’s powers. The liquidator, upon
the approval of the court, may sell, discount, or compromise
debts of the association and claims against its debtors. The
(2002 Ed.)
Insolvency, Liquidation, Merger
liquidator, with the approval of the court, may lease, operate,
repair, exchange, or sell, either for cash or upon terms, the
real and personal property of the association.
The liquidator, with the approval of the court, when
funds are available, may pay savings members whose
balances amount to not more than five dollars, the full
amount of the balances.
Checks issued or payments held by the liquidator which
remain undelivered for six months following the final
liquidation dividend shall be deposited with the director,
after which the liquidator shall be discharged by the court.
During ten years thereafter, the director shall deliver the
checks or payments, or the director’s own checks in lieu
thereof, to the payee, or his or her legal representative, upon
receipt of satisfactory evidence of the payee’s right thereto.
After the ten years, the director shall cancel all such checks
or payments remaining in the director’s possession and issue
a check against the account for the amount thereof, payable
to the state treasurer, and deliver it to the state treasurer.
Such payment shall escheat to the state, without further legal
proceedings. [1994 c 92 § 459; 1982 c 3 § 69; 1953 c 71 §
10; 1945 c 235 § 108; Rem. Supp. 1945 § 3717-227. Prior:
1935 c 171 § 4; 1933 c 183 §§ 70, 73, 74, 78.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.075 Investment of liquidation funds—Use of
income. All funds received by the director from liquidations
may be invested by the director. The earnings from the
moneys so held may be applied toward defraying the
expenses incurred in the liquidations. [1994 c 92 § 460;
1982 c 3 § 70; 1951 c 105 § 1.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.080 Disposition of records. Upon the termination of any liquidation proceeding, any files, records,
documents, books of account, or other papers in the possession of the liquidator shall be surrendered into the possession
of the director, who, in his or her discretion at any time after
the expiration of one year, may destroy any of such files,
records, documents, books of account or other papers which
appear to him or her to be obsolete or unnecessary for future
reference. [1994 c 92 § 461; 1945 c 235 § 109; Rem. Supp.
1945 § 3717-228.]
33.40.110 Voluntary liquidation—Disposition of
unclaimed dividends and records. In a voluntary liquidation of a domestic association, checks issued in the liquidation or funds representing liquidating dividends or otherwise
which remain undelivered for six months following the final
liquidating dividend, shall be deposited with the director,
together with any files, records, documents, books of
account, or other papers of the association. The director, at
any time after one year from delivery, may destroy any of
such files, records, documents, books of account, or other
papers which appear to the director to be obsolete or
unnecessary for future reference. During ten years thereafter, the director shall deliver such checks, or the director’s
own checks in lieu thereof, or portions of such funds to the
payee, or the payee’s legal representative, upon receipt of
satisfactory evidence of the payee’s right thereto. After the
ten years, the director shall cancel all such checks remaining
(2002 Ed.)
33.40.070
in the director’s possession and issue a check payable to the
state treasurer for the amount thereof together with any other
liquidating funds, and deliver them to the state treasurer.
Such payment shall escheat to the state without further legal
proceedings. [1994 c 92 § 462; 1982 c 3 § 71; 1953 c 71 §
11; 1945 c 235 § 112; Rem. Supp. 1945 § 3717-231.]
Severability—1982 c 3: See note following RCW 33.04.002.
Uniform unclaimed property act: Chapter 63.29 RCW.
33.40.120 Removal of liquidator—Appellate review.
The court, upon notice and hearing, may remove the liquidator for cause. Appellate review of the order of removal may
be sought as in other civil cases.
During the pendency of any appeal, the director of
financial institutions shall act as liquidator of the association,
without giving any additional bond for the performance of
the duties as such liquidator.
If such order of removal shall be affirmed, the director
of financial institutions shall name another liquidator for the
association, which nominee, upon qualifying as required for
receivers generally, shall succeed to the position of liquidator
of the association. [1994 c 92 § 463; 1988 c 202 § 34; 1982
c 3 § 72; 1971 c 81 § 86; 1945 c 235 § 113; Rem. Supp.
1945 § 3717-232.]
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.130 Payment of deposits accepted during
economic emergency, preference. Savings deposits
received by an association, during a period or periods of
postponement of payment of withdrawals or of acute
business depression, panic or economic emergency under
authorization or declaration of the director as hereinbefore
provided, shall be repaid to the depositors paying in such
savings before any liquidation dividends shall be declared or
paid if, during such period or periods or at the expiration
thereof, the director takes charge of the association for liquidation, as provided in this title. [1994 c 92 § 464; 1982 c
3 § 73; 1945 c 235 § 100; Rem. Supp. 1945 § 3717-219.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.40.150 Appointment of provisional officers and
directors. (1) The director of financial institutions, after
exercising the authority granted in RCW 33.16.040, may
appoint provisional officers and directors, in whole or in
part, of an association.
(2) Notice of the appointment shall be served upon the
association, and the appointment shall take effect immediately and shall remain in effect until a successor is chosen in
accordance with the association’s bylaws. [1994 c 92 § 465;
1985 c 239 § 2.]
Chapter 33.43
CONVERSION TO AND FROM
FEDERAL ASSOCIATION
Sections
33.43.010
33.43.020
Conversion of domestic association to federal association.
Federal association—Powers.
[Title 33 RCW—page 21]
Chapter 33.43
33.43.030
Title 33 RCW: Savings and Loan Associations
Conversion of federal association to domestic association.
33.43.010 Conversion of domestic association to
federal association. Any domestic association may convert
itself into a federal mutual or stock savings and loan
association. Any such conversion shall be effected by the
vote of a majority in amount of the members present, in
person or by proxy, at any regular or special meeting of the
members called for such purpose. Notice of such meeting,
stating the purpose thereof, shall be given the director at
least thirty days prior to the meeting and to the members
pursuant to the provisions contained in RCW 33.20.010.
If such conversion be authorized by the members at the
meeting, the directors of the association are authorized and
shall effect such action, and the officers of the association
shall execute all proper conveyances, documents, and other
papers necessary or proper thereunto.
If conversion be authorized, a copy of the minutes of
the meeting shall be filed forthwith with the director.
Upon consummation of such conversion, the successor
federal savings and loan association shall succeed to all
right, title, and interest of the domestic association in and to
its assets, and to its liabilities to the creditors and members
of the association. Upon such conversion, after the execution and delivery of all instruments of transfer, conveyance
and assignment, the domestic association shall be deemed
dissolved. [1994 c 92 § 466; 1982 c 3 § 74; 1949 c 20 §
10; 1945 c 235 § 116; Rem. Supp. 1949 § 3717-235. Prior:
1933 ex.s. c 15 §§ 1 through 6. Formerly RCW 33.44.100.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.43.020 Federal association—Powers. Every
federal savings and loan association, the home office of
which is located in this state, and the savings accounts
therein shall have all the rights, powers and privileges and
be entitled to the same immunities and exemptions as pertain
to savings and loan associations organized under the laws of
this state. [1945 c 235 § 117; Rem. Supp. 1945 § 3717-236.
Prior: 1939 c 98 § 9; 1933 c 183 § 50. Formerly RCW
33.44.110.]
33.43.030 Conversion of federal association to
domestic association. Any federal savings and loan
association the home office of which is located in this state
may convert itself into a domestic savings and loan association of this state. For any such conversion, such federal
association shall proceed as provided in this title for the
conversion of a domestic association into a federal association.
Upon consummation of such conversion, the successor
domestic association shall succeed to all right, title, and
interest of the federal association in and to its assets, and to
its liabilities to the creditors and members of such federal
association. [1945 c 235 § 118; Rem. Supp. 1945 § 3717237. Prior: 1939 c 98 § 1. Formerly RCW 33.44.120.]
[Title 33 RCW—page 22]
Chapter 33.44
CONVERSION TO MUTUAL SAVINGS BANK
Sections
33.44.020
33.44.080
33.44.090
33.44.125
33.44.130
Conversion to a savings bank or commercial bank—
Procedure.
Depositor’s interest upon conversion.
Transfer of securities upon conversion.
Waiver of chapter requirements.
Rules implementing chapter—Standard.
33.44.020 Conversion to a savings bank or commercial bank—Procedure. Any association organized under
the laws of this state, or under the laws of the United States,
may, if it has obtained the approval, required by law or regulation, of any federal agencies, including the federal home
loan bank board and the federal savings and loan insurance
corporation, be converted into a savings bank or commercial
bank in the following manner:
(1) The board of directors of such association shall pass
a resolution declaring its intention to convert the association
into a savings bank or commercial bank and shall apply to
the director of financial institutions for leave to submit to the
members of the association the question whether the association shall be converted into a savings bank or a commercial
bank. A duplicate of the application to the director of
financial institutions shall be filed with the director of
financial institutions, except that no such filing shall be
required in the case of an association organized under the
laws of the United States. The application shall include a
proposal which sets forth the method by and extent to which
membership or stockholder interests, as the case may be, in
the association are to be converted into membership or
stockholder interests, as the case may be, in the savings bank
or commercial bank, and the proposal shall allow for any
member or stockholder to withdraw the value of his or her
interest at any time within sixty days of the completion of
the conversion. The proposal shall be subject to the approval of the director of financial institutions and shall conform
to all applicable regulations of the federal home loan bank
board, the federal savings and loan insurance corporation, the
federal deposit insurance corporation, or other federal
regulatory agency.
(2) Thereupon the director of financial institutions shall
make the same investigation and determine the same
questions as would be required by law to make and determine in case of the submission to the director of financial
institutions of a certificate of incorporation of a proposed
new savings bank or commercial bank, and the director of
financial institutions shall also determine whether by the
proposed conversion the business needs and conveniences of
the members of the association would be served with facility
and safety, except that no such conference shall be pertinent
to such investigation or determination in the case of an
association organized under the laws of the United States.
After the director of financial institutions determines whether
it is expedient and desirable to permit the proposed conversion, the director of financial institutions shall, within sixty
days after the filing of the application, endorse thereon over
the official signature of the director of financial institutions
the word "granted" or the word "refused", with the date of
such endorsement and shall immediately notify the secretary
(2002 Ed.)
Conversion to Mutual Savings Bank
of such association of his or her decision. If an application
to convert to a mutual savings bank is granted, the director
of financial institutions shall require the applicants to enter
into such an agreement or undertaking with the director of
financial institutions as trustee for the depositors with the
mutual savings bank to make such contributions in cash to
the expense fund of the mutual savings bank as in the
director of financial institutions judgment will be necessary
then and from time to time thereafter to pay the operating
expenses of the mutual savings bank if its earnings should
not be sufficient to pay the same in addition to the payment
of such dividends as may be declared and credited to
depositors from its earnings.
If the application is denied by the director of financial
institutions, the association, acting by a two-thirds majority
of its board of directors, may, within thirty days after
receiving the notice of the denial, appeal to the superior
court in the manner prescribed in chapter 34.05 RCW.
(3) If the application is granted by the director of financial institutions or by the court, as the case may be, the
board of directors of the association shall, within sixty days
thereafter, submit the question of the proposed conversion to
the members of the association at a special meeting called
for that purpose. Notice of the meeting shall state the time,
place and purpose of the meeting, and that the only question
to be voted upon will be, "shall the (naming the association)
be converted into a savings bank or commercial bank under
the laws of the state of Washington?" The vote on the
question shall be by ballot. Any member may vote by proxy
or may transmit the member’s ballot by mail if the bylaws
provide a method for so doing. If two-thirds or more in
number of the members voting on the question vote affirmatively, then the board of directors shall have power, and it
shall be its duty, to proceed to convert such association into
a savings bank or commercial bank; otherwise, the proposed
conversion shall be abandoned and shall not be again
submitted to the members within three years from the date
of the meeting.
(4) If authority for the proposed conversion has been
approved by the members as required by this section, the
directors shall, within thirty days thereafter, subscribe and
acknowledge and file with the director of financial institutions in triplicate a certificate of reincorporation, stating:
(a) The name by which the converted corporation is to
be known.
(b) The place where the bank is to be located and its
business transacted, naming the city or town and county,
which city or town shall be the same as that where the
principal place of business of the corporation has theretofore
been located.
(c) The name, occupation, residence and post office
address of each signer of the certificate.
(d) The amount of the assets of the corporation, the
amount of its liabilities and the amount of its contingent,
reserve, expense, and guaranty fund, as applicable, as of the
first day of the then calendar month.
(e) A declaration that each signer will accept the
responsibilities and faithfully discharge the duties of a trustee
or director of the bank, and is free from all the disqualifications specified in the laws applicable to savings banks or
commercial banks.
(2002 Ed.)
33.44.020
(f) Such other items as the director of financial institutions may require.
(5) Upon the filing of the certificate in triplicate, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that all the provisions of this chapter
have been complied with, issue in triplicate an authorization
certificate stating that the corporation has complied with all
the requirements of law, and that it has authority to transact
at the place designated in its certificate of incorporation the
business of a savings bank or commercial bank. One of the
director of financial institutions certificates of authorization
shall be attached to each of the certificates of
reincorporation, and one set of these shall be filed and
retained by the director of financial institutions, one set shall
be filed in the office of the secretary of state, and one set
shall be transmitted to the bank for its files. Upon the
receipt from the corporation of the same fees as are required
for filing and recording other incorporation certificates or
articles, the secretary of state shall file the certificates and
record the same; whereupon the conversion of the association shall be deemed complete, and the signers of said
reincorporation certificate and their successors shall thereupon become and be a corporation having the powers and
being subject to the duties and obligations prescribed by the
laws of this state applicable to savings banks or commercial
banks, as the case may be. The time of existence of the
corporation shall be perpetual unless provided otherwise in
the articles of incorporation of the association or unless
sooner terminated pursuant to law. [1997 c 101 § 6; 1994
c 92 § 467; 1982 c 3 § 75; 1981 c 302 § 34; 1979 ex.s. c 57
§ 7; 1975 1st ex.s. c 111 § 1; 1927 c 177 § 1; 1917 c 154 §
1; RRS §§ 3749 through 3754. Formerly RCW 33.44.020
through 33.44.070.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.44.080 Depositor’s interest upon conversion.
Upon the conversion of any association into a savings bank
or commercial bank, every person who was a depositor of
the association at the time of the conversion shall become
and be deemed to be a depositor of the bank in a sum equal
to the value of the deposit of the depositor as of the day on
which the conversion was consummated. [1982 c 3 § 76;
1927 c 177 § 2; 1917 c 154 § 2; RRS § 3755.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.44.090 Transfer of securities upon conversion.
All mortgages, notes and other securities of any association
that has been converted into a savings bank or commercial
bank, shall on request of the bank, be delivered to it by the
director of financial institutions or under the director’s direction by any depositary having possession thereof. Every
such bank shall, as soon as practicable and within such time
and by such methods as the director may direct, cause its
organization, its securities and investments, the character of
its business and its methods of transacting the same to
conform to the laws applicable to savings banks or commercial banks, as applicable. [1994 c 92 § 468; 1982 c 3 § 77;
1927 c 177 § 3; 1917 c 154 § 3; RRS § 3756.]
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 23]
33.44.125
Title 33 RCW: Savings and Loan Associations
33.44.125 Waiver of chapter requirements. If, in
the opinion of the director of financial institutions, it is
necessary for any of the requirements of this chapter to be
waived in order to permit an association which is in danger
of failing to convert its charter to that of a commercial bank
or a savings bank so that the association may be acquired by
a commercial bank or a savings bank or a bank holding
company, then the director may waive any such requirement.
[1994 c 92 § 469; 1982 c 3 § 78.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.44.130 Rules implementing chapter—Standard.
The director of financial institutions shall adopt such rules
under the administrative procedure act, chapter 34.05 RCW,
as are necessary to implement this chapter in a manner
which protects the relative interests of members, depositors,
borrowers, stockholders, and creditors. [1994 c 92 § 470;
1982 c 3 § 79.]
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.46
CONVERSION OF SAVINGS BANK OR
COMMERCIAL BANK TO ASSOCIATION
(Formerly: Conversion of mutual savings bank to building and
loan or savings and loan association)
Sections
33.46.010
33.46.020
33.46.030
33.46.040
33.46.050
33.46.060
33.46.070
33.46.080
33.46.090
33.46.100
33.46.110
33.46.130
Definitions.
Conversion of bank to association—Procedure.
Cash contributions to expense fund if becoming domestic
mutual association.
Appeal from denial of application.
Certificate of reincorporation—Required—Filing—Contents.
Issuance of authorization certificate—Filing—Completion of
conversion—Effect.
Depositor’s interest upon conversion.
Transfer of securities—Conformance to state association
laws, when.
Assets, liabilities, etc., vested in association upon conversion.
Initial meeting of shareholders of domestic association—
Notice—Proxy voting.
Conversion to federal association—Procedure.
Rules implementing chapter—Standard.
33.46.010 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Association" means any association organized under
the laws of this state or the laws of the United States of
America;
(2) "Director" means a member of the board of directors
of an association, savings bank, or commercial bank, as
applicable;
(3) "Bank" means a savings bank or commercial bank
organized under the laws of this state; and
(4) "Trustee" means a member of the managing board
of a mutual savings bank. [1982 c 3 § 80; 1975 1st ex.s. c
83 § 1.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.020 Conversion of bank to association—
Procedure. Any bank may be converted into an association
in the following manner:
[Title 33 RCW—page 24]
(1) The trustees or directors of the bank shall pass, by
at least a two-thirds favorable vote of all trustees or directors, a resolution declaring its intention to convert the bank
into an association, specifying in such resolution the type of
association and whether the association is to be organized
under the laws of this state, or is to be organized under the
laws of the United States of America. If the association is
to be a state association the bank shall apply to the director
of financial institutions for authority to convert into an
association. The application shall include a proposal which
sets forth the method by and extent to which membership or
stockholder interests, as the case may be, in the bank are to
be converted into membership or shareholder interest, as the
case may be, in the association, and the proposal shall allow
for any member or stockholder to withdraw the value of his
or her interest at any time within sixty days of the completion of the conversion. The proposal is subject to the
approval of the director of financial institutions and shall
conform to all applicable regulations of the federal deposit
insurance corporation, the federal home loan bank board, the
federal savings and loan insurance corporation, or other
federal regulatory agency.
(2) The director of financial institutions shall, in the
case of an application to convert into a state association,
make the same investigation and determine the same
questions as he or she would be required by law to make in
determining the case of submission to him or her of articles
of incorporation of a proposed new state association, and
shall also determine whether the proposed conversion would
serve the needs and conveniences of the depositors of the
bank.
(3) The director of financial institutions shall grant or
deny the application within sixty days of its date of filing
and shall immediately notify the secretary of the bank of the
decision. [1994 c 92 § 471; 1982 c 3 § 81; 1975 1st ex.s.
c 83 § 2.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.030 Cash contributions to expense fund if
becoming domestic mutual association. If the application
to become a domestic mutual association is granted, the
director of financial institutions shall require the applicant to
enter into an agreement or undertaking with the director, as
trustee for the members of the association, to make such
cash contributions to an expense fund of the mutual association as in the director’s judgment will be necessary then and
from time to time thereafter to pay the operating expenses of
the association if its earnings should not be sufficient to pay
the same in addition to the payment of such dividends as
may be declared and credited to members from its earnings.
[1994 c 92 § 472; 1982 c 3 § 82; 1975 1st ex.s. c 83 § 3.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.040 Appeal from denial of application. If the
application is denied by the director of financial institutions,
the bank, acting by a two-thirds majority of its trustees or
directors, may, within thirty days after receiving notice of
such denial, appeal to the superior court of Thurston county
pursuant to the provisions of the administrative procedure
act, chapter 34.05 RCW. [1994 c 92 § 473; 1982 c 3 § 83;
1975 1st ex.s. c 83 § 4.]
(2002 Ed.)
Conversion of Savings Bank or Commercial Bank to Association
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.050 Certificate of reincorporation—
Required—Filing—Contents. If the application is granted
by the director of financial institutions, or by the court, the
trustees or directors of the bank shall, within thirty days
thereafter, subscribe, acknowledge, and file with the director
of financial institutions, in triplicate, a certificate of
reincorporation stating:
(1) The name by which the association is to be known;
(2) The place where the association is to be located and
its business transacted, naming the city or town and the
county, which city or town shall be the same as that where
the principal place of business of the bank has theretofore
been located;
(3) The name, occupation, residence, and post office
address of each signer of the certificate;
(4) The amount of the assets of the association, the
amount of its liabilities, and the amount of its contingent,
expense, or guaranty fund, as applicable, as of the first day
of the calendar month during which the certificate is filed;
and
(5) A declaration that each signer will accept the
responsibilities and faithfully discharge the duties of a
director of the association, and is free from all the disqualifications specified in the laws applicable to savings and loan
associations. [1994 c 92 § 474; 1982 c 3 § 84; 1981 c 302
§ 35; 1975 1st ex.s. c 83 § 5.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.46.060 Issuance of authorization certificate—
Filing—Completion of conversion—Effect. Upon filing
the certificate in triplicate as provided in RCW 33.46.050,
the director of financial institutions shall, within thirty days
thereafter, if satisfied that all the provisions of this chapter
have been complied with, issue in triplicate an authorization
certificate stating that the association has complied with all
of the requirements of law, and that it has authority to
transact, at the place or places designated in its certificate,
the business of an association. The director of financial
institutions shall retain one set of the triplicate originals of
the certificate of reincorporation and of the certificate of
authorization and shall transmit the other two sets to the
association, which shall retain one set, and file one set with
the secretary of state, paying the required fees. Upon such
filings being made, the conversion of the bank to the
association shall be deemed complete and consummated, and
the association shall thereupon be a corporation having the
powers and being subject to the duties and obligations
prescribed by the laws of this state applicable to state
associations, and the time of existence of such association
shall be perpetual, unless sooner terminated. [1994 c 92 §
475; 1982 c 3 § 85; 1981 c 302 § 36; 1975 1st ex.s. c 83 §
6.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.
33.46.070 Depositor’s interest upon conversion.
Upon the conversion of a bank into an association, every
person who was a depositor of the bank at the time of the
(2002 Ed.)
33.46.040
conversion shall become and be deemed to be a depositor of
the association in a sum equal to the value of the deposits of
the depositor in the bank as of the day on which the conversion was consummated. [1982 c 3 § 86; 1975 1st ex.s. c 83
§ 7.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.080 Transfer of securities—Conformance to
state association laws, when. All mortgages, notes, and
other securities of any bank that has been converted into an
association shall, on request of the association, be delivered
to it by the director of financial institutions or, under the
direction of the director, by any depository having possession
thereof. If the association is a state association it shall, as
soon as practicable and within such time and by such
methods as the director may direct, cause its organization, its
securities and investments, the character of its business, and
its methods of transacting the same to conform to the laws
applicable to state associations. [1994 c 92 § 476; 1982 c 3
§ 87; 1975 1st ex.s. c 83 § 8.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.090 Assets, liabilities, etc., vested in association upon conversion. Upon a conversion being consummated all assets, rights and properties of the bank shall vest
in and be the property of the association and all liabilities,
debts, and obligations of the bank shall be the liabilities,
debts, and obligations of the association and any right can be
enforced by or against the association the same as it could
have been enforced by or against the bank if the conversion
had not occurred. [1975 1st ex.s. c 83 § 9.]
33.46.100 Initial meeting of shareholders of domestic association—Notice—Proxy voting. Within twelve
months following consummation of the conversion, the directors of a domestic association shall call a meeting of the
members for the purpose of electing directors and conducting
such other business of the association as is appropriate.
Notice of such meeting shall be mailed not less than ten nor
more than thirty days in advance of the meeting to the last
known address of each member. The notice may also
include a proxy form authorizing any one or more persons,
who may be directors or officers of the association, selected
by the directors, to vote on behalf of any member executing
such proxy. [1982 c 3 § 88; 1975 1st ex.s. c 83 § 10.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.46.110 Conversion to federal association—
Procedure. If the bank specifies in the resolution that it
intends to become a federal association, it shall proceed to
make all filings and do all things which are required by
federal laws and regulations to qualify as and become a
federal association, and when all such things have been
accomplished and a charter has been issued by the appropriate federal agency, the bank shall thereupon cease to be a
bank organized under the laws of this state. [1982 c 3 § 89;
1975 1st ex.s. c 83 § 11.]
Severability—1982 c 3: See note following RCW 33.04.002.
[Title 33 RCW—page 25]
33.46.130
Title 33 RCW: Savings and Loan Associations
33.46.130 Rules implementing chapter—Standard.
The director of financial institutions shall adopt such rules
under the administrative procedure act, chapter 34.05 RCW,
as are necessary to implement this chapter in a manner
which protects the relative interests of members, depositors,
borrowers, stockholders, and creditors. [1994 c 92 § 477;
1982 c 3 § 90.]
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.48
STOCK ASSOCIATIONS
(Formerly: Guaranty stock state savings and loan associations)
Sections
33.48.025
33.48.030
33.48.040
33.48.080
33.48.090
33.48.100
33.48.110
33.48.120
33.48.130
33.48.140
33.48.150
33.48.160
33.48.170
33.48.180
33.48.190
33.48.200
33.48.210
33.48.220
33.48.230
33.48.240
33.48.250
33.48.260
33.48.270
33.48.280
33.48.290
33.48.320
Applicability of chapter 23B.06 RCW.
Minimum amount of permanent stock required—Preferred or
special classes of shares authorized.
Stock dividends, when.
Member’s proprietary interest—Subordinate to claims of
creditors.
Dividends only if interest paid on deposits.
Conversion procedure—Domestic stock to domestic mutual
association.
Conversion procedure—Mutual association to domestic
stock association—Rules implementing section—
Standard.
Conversion procedure—Creation of permanent loss reserve—Disposition of reserve upon liquidation.
Withdrawal of charter amendment or conversion application.
Legislative intent—Chapter to control over conflicting provisions.
Organizing permit—Required.
Organizing permit—Application.
Organizing permit—Conditions.
Permit authorizing sale of stock—Applicability.
Permit authorizing sale of guaranty stock—Required prior to
sale of issued or outstanding stock.
Permit authorizing sale of stock—Application—Contents.
Permit authorizing sale of stock—Examination and investigation—Issuance or denial.
Recitation in permit to take subscriptions for stock.
Sales of stock—Imposition of conditions.
Organizing permit—Amendment, alteration, suspension, or
revocation by director—Grounds.
Purchase by association of stock issued by it—Conditions.
Reduction of stock—Conditions.
Reduction of stock—Disposition of surplus.
Paid-in or contributed surplus or surplus created by reduction of stock—Application and uses.
RCW 33.48.150 through 33.48.280 inapplicable to foreign
associations.
Waiver of chapter requirements.
33.48.025 Applicability of chapter 23B.06 RCW.
Except to the extent provided otherwise in this title, stock
associations are subject to the provisions of chapter 23B.06
RCW. [1991 c 72 § 51; 1982 c 3 § 91; 1981 c 84 § 4.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.030 Minimum amount of permanent stock
required—Preferred or special classes of shares authorized. Stock associations shall have permanent stock which
may be issued with or without par value but with a statement
of value of nonpar stock in accordance with Title 23B RCW.
The minimum amount of such stock shall be twenty-five
thousand dollars in the case of associations outside of
incorporated cities, or in cities of less than twenty-five
[Title 33 RCW—page 26]
thousand population. Associations located in cities of greater
population shall have as a minimum, fifty thousand dollars
of such stock. The board of such association is authorized
and directed to issue and maintain the stock in the following
percentages: Three percent upon the first five million
dollars; two percent upon the next three million dollars, and
one percent upon all additional withdrawable savings:
PROVIDED, That associations whose savings are insured by
the Federal Savings and Loan Insurance Corporation shall
not be required to maintain stock in excess of three hundred
thousand dollars. A stock association may issue preferred or
special classes of shares as provided in chapter 23B.06
RCW. [1991 c 72 § 52; 1982 c 3 § 92; 1981 c 84 § 1; 1969
c 107 § 7; 1963 c 246 § 9; 1955 c 122 § 4.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.040 Stock dividends, when. No dividends shall
be declared on stock until the association has met the net
worth and federal insurance requirements of the federal
savings and loan insurance corporation. Subject to the
provisions of this chapter, stock shall be entitled to such rate
of dividend, if earned, as fixed by the board. Stock dividends may be declared and issued by the board at any time,
payable from otherwise unallocated surplus and undivided
profits. [1982 c 3 § 93; 1981 c 84 § 2; 1979 c 113 § 14;
1955 c 122 § 5.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
33.48.080 Member’s proprietary interest—
Subordinate to claims of creditors. Each member in a
stock association shall have a proportionate proprietary interest in its assets and net earnings subordinate to the claims of
its creditors with priorities as established by this chapter.
[1982 c 3 § 94; 1969 c 107 § 8; 1967 c 49 § 6; 1955 c 122
§ 9.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.090 Dividends only if interest paid on deposits. No dividend shall be paid or credited upon shares of
stock for any period in which the association has not
declared and paid interest on deposits eligible to receive
interest. [1982 c 3 § 95; 1955 c 122 § 10.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.100 Conversion procedure—Domestic stock to
domestic mutual association. A domestic stock association
may convert to a domestic mutual association under the
provisions of applicable statutes and regulations of proper
federal and state supervisory authorities. In the event of
compliance with such statutes and regulations an appraisal of
the stock shall be made by the director, upon written request
of the directors of the association, and the appropriate value
of the stock may be given consideration in the proceedings
to convert by giving credit to such stock from surplus and
other reserves. [1994 c 92 § 478; 1982 c 3 § 96; 1955 c
122 § 11.]
Severability—1982 c 3: See note following RCW 33.04.002.
(2002 Ed.)
Stock Associations
33.48.110 Conversion procedure—Mutual association to domestic stock association—Rules implementing
section—Standard. Any mutual association, either domestic
or federal, operating in the state of Washington may convert
itself into a domestic stock association. The conversion shall
be effected by the vote of two-thirds of the members present
and voting in person or by proxy at any regular or special
meeting of the members called for such purpose. Notice of
such meeting, stating the purpose thereof, shall be given to
the director and to each member by mailing notice to the
member’s last known address at least thirty days prior to the
meeting.
At the meeting, the members may adopt a resolution
amending its articles of incorporation and bylaws to provide
for operation under this chapter as a stock association.
Upon adoption of the resolution, members shall be given
notice of the proposed change and shall be offered, for a
period of sixty days following the date of the meeting, the
right to subscribe for the proposed stock, pro rata to their
deposits in such mutual association, and such right shall be
transferable. In the event that the total stock required has
not, at the end of the sixty day period, been fully subscribed,
the unsubscribed portion shall be offered to any former
subscribers for such stock.
When the stock has been fully subscribed and paid for,
certified copies of the documents relating to the conversion
shall be submitted to the director for his or her approval of
the conversion proceedings. Upon notification by the
director that the director approves the conversion, the
directors shall adopt a resolution declaring the association to
be a stock association and thereafter it shall be such.
The director shall adopt such rules under chapter 34.05
RCW, the administrative procedure act, as are necessary to
implement this section in a manner which protects the
relative interests of members, depositors, borrowers, stockholders, and creditors. [1994 c 92 § 479; 1982 c 3 § 97;
1955 c 122 § 12.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.120 Conversion procedure—Creation of
permanent loss reserve—Disposition of reserve upon
liquidation. The accumulated surplus and unallocated
reserves of an association at the time of conversion to a
stock association shall be designated as a permanent loss
reserve against which any losses incurred on assets may be
charged. In case of liquidation the remaining sum in said
permanent loss reserve shall be distributed to the depositors
in proportion to the withdrawable value of their deposit
accounts at the time of liquidation. In liquidation, after payment of all liabilities and the withdrawable value of all types
and classes of deposit accounts together with the remainder
in the permanent loss reserve heretofore mentioned, any
excess shall be paid pro rata to the stockholders. [1982 c 3
§ 98; 1955 c 122 § 13.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.130 Withdrawal of charter amendment or
conversion application. The directors of an association
which has voted to amend its charter or convert to another
type of institution, may withdraw the application at any time
prior to the issuance of the amended charter, by adopting a
(2002 Ed.)
33.48.110
proper resolution and forwarding a copy to the director.
[1994 c 92 § 480; 1955 c 122 § 14.]
33.48.140 Legislative intent—Chapter to control
over conflicting provisions. It is the intention of the
legislature to grant, by this chapter, authority to create stock
associations in this state, by either organization or conversion
under its provisions, and in the event of conflict between the
provisions of this chapter and other provisions of Title 33
RCW, such other provisions shall be construed in favor of
the accomplishment of the purposes of this chapter. [1982
c 3 § 99; 1955 c 122 § 15.]
Severability—1982 c 3: See note following RCW 33.04.002.
33.48.150 Organizing permit—Required. No
subscriptions or funds from proposed stockholders of any
proposed association, prior to its incorporation and prior to
a decision by the director on its application for approval of
its articles of incorporation, may be solicited or taken until
a verified application for an organizing permit has been filed
and a permit has been issued by the director authorizing such
subscription or collection of funds and then, only in accordance with the terms of such permit. [1994 c 92 § 481;
1973 c 130 § 6.]
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.48.160 Organizing permit—Application. The
application for an organizing permit under RCW 33.48.150
shall be in writing, verified as provided by law for the
verification of pleadings and shall be filed in the office of
the director. Such application shall be signed by the
proposed incorporators and shall include the following:
(1) The names and addresses of its proposed directors,
officers and incorporators, to the extent known;
(2) The proposed location of its office;
(3) A copy of any contract proposed to be used for the
solicitation of stock subscriptions and funds for its
preincorporation expenses;
(4) A copy of any advertisement, circular, or other
written matter proposed to be used for soliciting stock
subscriptions and funds for its preincorporation expenses;
(5) A statement of the total funds proposed to be
solicited and collected prior to incorporation and an itemized
estimate of the preincorporation expenses proposed to be
paid;
(6) A list of the names and addresses and amounts of
each of the known proposed stockholders and contributors to
the fund for preincorporation expenses; and
(7) Such additional information as the director may
require. [1994 c 92 § 482; 1973 c 130 § 7.]
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.48.170 Organizing permit—Conditions. The
director may impose conditions in the director’s organizing
permit issued under RCW 33.48.150 concerning the deposit
in escrow of funds collected pursuant to said permit, the
manner of expenditure of such funds and such other conditions as he or she deems reasonable and necessary or advis[Title 33 RCW—page 27]
33.48.170
Title 33 RCW: Savings and Loan Associations
able for the protection of the public and the subscribers to
such stock or funds for preincorporation expenses. [1994 c
92 § 483; 1982 c 3 § 100; 1973 c 130 § 8.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.180 Permit authorizing sale of stock—
Applicability. No association shall sell, take subscriptions
for, or issue any stock until the association applies for and
secures from the director a permit authorizing it to sell stock.
This section does not apply to an offering involving less
than five hundred thousand dollars nor to an offering made
under a registration statement filed under the federal securities act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77a). [1994 c
92 § 484; 1982 c 3 § 101; 1973 c 130 § 5.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.190 Permit authorizing sale of guaranty
stock—Required prior to sale of issued or outstanding
stock. No issued and outstanding stock of an association
shall be sold or offered for sale to the public, nor shall
subscriptions be solicited or taken for such sales until the
association or the selling stockholders have applied for and
secured from the director a permit authorizing the sale of the
guaranty stock.
This section shall not apply to an offering involving less
than ten percent of the issued and outstanding guaranty stock
of an association and less than five hundred thousand dollars
nor to an offering made under a registration statement filed
under the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. Sec.
77a). [1994 c 92 § 485; 1973 c 130 § 9.]
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
33.48.200 Permit authorizing sale of stock—
Application—Contents. An application for a permit to sell
stock shall be in writing and shall be filed in the office of
the director by the association.
The application shall include the following:
(1) Regarding the association:
(a) The names and addresses of its officers;
(b) The location of its office;
(c) An itemized account of its financial condition within
ninety days of the filing date; and
(d) A copy of all minutes of any proceedings of its
directors, shareholders, or stockholders relating to or affecting the issue of such stock;
(2) Regarding the offering:
(a) The names and addresses of the selling stockholders
and of the officers of any selling corporation and the
partners of any selling partnership;
(b) A copy of any contract concerning the sale of the
stock;
(c) A copy of a prospectus or advertisement or other
description of the stock prepared for distribution or publication in accordance with requirements prescribed by the
director;
(d) A brief description of the method by which the stock
is to be offered for sale including the offering price and the
underwriting commissions and expense, if any; and
[Title 33 RCW—page 28]
(3) Such additional information as the director may
require. [1994 c 92 § 486; 1982 c 3 § 102; 1973 c 130 §
10.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.210 Permit authorizing sale of stock—
Examination and investigation—Issuance or denial. Upon
the filing of the application for a permit to sell stock, the
director shall examine the application and other papers and
documents filed therewith and he or she may make a
detailed examination, audit, and investigation of the association and its affairs. If the director finds that the proposed
plan for the issue and sale of such stock is fair, just and
equitable, the director shall issue to the applicant a permit
authorizing it to issue and dispose of its stock in such
amounts and for such considerations and upon such terms
and conditions as the director may provide in the permit. If
the director does not so find he or she shall deny the
application and notify the applicant in writing of his or her
decision. [1994 c 92 § 487; 1982 c 3 § 103; 1973 c 130 §
11.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.220 Recitation in permit to take subscriptions
for stock. Every permit to take subscriptions for stock shall
recite in bold face type that the issuance thereof is permissive only and does not constitute a recommendation or
endorsement of the stock permitted to be issued. [1982 c 3
§ 104; 1973 c 130 § 12.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.230 Sales of stock—Imposition of conditions.
With respect to sales of stock by an association, the director
may impose conditions requiring the impoundment of the
proceeds from the sale of stock, limiting the expense in
connection with the sale of such stock, and other conditions
as he or she deems reasonable and necessary or advisable to
insure the disposition of the proceeds from the sale of such
stock in the manner and for the purposes provided in the
permit. [1994 c 92 § 488; 1982 c 3 § 105; 1973 c 130 §
13.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.240 Organizing permit—Amendment, alteration, suspension, or revocation by director—Grounds.
The director may amend, alter, suspend, or revoke any
permit issued under RCW 33.48.150 if there is a violation of
the terms and conditions of the permit or if the director
determines that the subscription or proposed issue and sale
is no longer fair, just, and equitable. [1994 c 92 § 489;
1982 c 3 § 106; 1973 c 130 § 14.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.250 Purchase by association of stock issued by
it—Conditions. An association may purchase stock issued
(2002 Ed.)
Stock Associations
by it in an amount not to exceed the amount of earned
surplus or undivided profits available for dividends on its
stock if: The stock so purchased is included for federal
estate tax purposes in determining the gross estate of a
decedent, and the amount paid for such purchase is entitled
to be treated under section 303 of the Internal Revenue Code
of 1954 (68A Stat. 3; 26 U.S.C. Sec. 1), or other applicable
federal statute or the corresponding provision of any future
federal revenue law, as a distribution in full payment in
exchange for the stock so purchased, or such purchase is
with the prior consent of the director, or such purchase is
pursuant to a put option contained in a plan which has been
approved by the director establishing an employee stock
ownership plan for the association and its employees
pursuant to the provisions of the act of congress entitled
"Employee Retirement Income Security Act of 1974", as
now constituted or hereafter amended, or Section 409 of the
Internal Revenue Code of 1954, as now constituted or
hereafter amended. Stock so purchased until sold shall be
carried as treasury stock. Upon the purchase of any stock
issued by the association, an amount equal to the purchase
price shall be set aside from earned surplus or undivided
profits available for dividends to a specific reserve account
established for this purpose. Upon sale of any of such stock,
the amount relating thereto in the specific reserve account
shall be returned to the surplus or undivided profits account
(as the case may be) and shall be available for dividends.
Reacquired stock shall not be resold at less than its reacquisition cost, without the specific approval of the director, and
shall not be resold or reissued except in accordance with
RCW 33.48.220 through 33.48.240. [1994 c 92 § 490; 1985
c 239 § 3; 1982 c 3 § 107; 1973 c 130 § 15.]
33.48.250
insurance account or any other reserve account irrevocably
established for the sole purpose of absorbing losses, any part
or all of any paid-in or contributed surplus or any surplus
created by reduction of stock. [1994 c 92 § 492; 1982 c 3
§ 110; 1973 c 130 § 18.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.290 RCW 33.48.150 through 33.48.280
inapplicable to foreign associations. RCW 33.48.150
through 33.48.280 do not apply to foreign associations doing
business in this state pursuant to the provisions of chapter
33.32 RCW. [1982 c 3 § 111; 1973 c 130 § 19.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.320 Waiver of chapter requirements. If, in
the opinion of the director, it is necessary for any of the
requirements of this chapter to be waived in order to permit
an association which is in danger of failing to convert its
charter from a mutual association to a stock association or
from a stock association to a mutual association so that the
association may be acquired by an association or a savings
and loan holding company, then the director may waive any
such requirement. [1994 c 92 § 493; 1982 c 3 § 112.]
Severability—1982 c 3: See note following RCW 33.04.002.
Chapter 33.54
SATELLITE FACILITIES
(See chapter 30.43 RCW)
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.260 Reduction of stock—Conditions. With the
prior consent of the director, the stock of an association may
be reduced by resolution of the board of directors approved
by the vote or written consent of the holders of a majority in
amount of the outstanding stock of the association to such
amount as the director approves. [1994 c 92 § 491; 1982 c
3 § 108; 1973 c 130 § 16.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.270 Reduction of stock—Disposition of
surplus. Any surplus resulting from reduction of stock shall
not be available for dividends or other distribution to
stockholders except upon liquidation. [1982 c 3 § 109; 1973
c 130 § 17.]
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
33.48.280 Paid-in or contributed surplus or surplus
created by reduction of stock—Application and uses. An
association may, by action of its board of directors and with
the prior approval of the director, apply any part or all of
any paid-in or contributed surplus or any surplus created by
reduction of stock to the reduction or writing off of any
deficit arising from losses or diminution in value of its
assets, or may transfer to or designate as a part of its federal
(2002 Ed.)
[Title 33 RCW—page 29]
Title 34
ADMINISTRATIVE LAW
Chapters
34.05
Administrative Procedure Act.
34.08
Washington State Register Act of 1977.
34.12
Office of administrative hearings.
Nonbinding effect of unpublished rules and procedures: RCW 42.17.250.
Open Public Meetings Act: Chapter 42.30 RCW.
Regulatory Fairness Act: Chapter 19.85 RCW.
State departments, adoption of rules governing: RCW 43.17.060.
State economic policy: Chapter 43.21H RCW.
State publications in gender-neutral terms: RCW 43.01.160.
Chapter 34.05
ADMINISTRATIVE PROCEDURE ACT
Sections
34.05.001
Legislative intent.
PART I
GENERAL PROVISIONS
34.05.010
34.05.020
34.05.030
34.05.040
34.05.050
34.05.060
34.05.070
34.05.080
34.05.090
Definitions.
Savings—Authority of agencies to comply with chapter—
Effect of subsequent legislation.
Exclusions from chapter or parts of chapter.
Operation of chapter if in conflict with federal law.
Waiver.
Informal settlements.
Conversion of proceedings.
Variation from time limits.
Forest practices board—Emergency rules.
PART II
PUBLIC ACCESS TO AGENCY RULES
34.05.210
34.05.220
34.05.230
34.05.240
34.05.250
34.05.260
Code and register—Publication and distribution—Omissions,
removals, revisions—Judicial notice.
Rules for agency procedure—Indexes of opinions and statements.
Interpretive and policy statements.
Declaratory order by agency—Petition.
Model rules of procedure.
Electronic distribution.
PART III
RULE-MAKING PROCEDURES
34.05.310
34.05.312
34.05.313
34.05.314
34.05.315
34.05.320
34.05.322
34.05.325
34.05.328
34.05.330
34.05.335
34.05.340
34.05.345
34.05.350
(2002 Ed.)
Prenotice inquiry—Negotiated and pilot rules.
Rules coordinator.
Feasibility studies—Pilot projects.
Rules development agenda.
Rule-making docket.
Notice of proposed rule—Contents—Distribution by agency—Institutions of higher education.
Scope of rule-making authority.
Public participation—Concise explanatory statement.
Significant legislative rules, other selected rules.
Petition for adoption, amendment, repeal—Agency action—
Appeal.
Withdrawal of proposal—Time and manner of adoption.
Variance between proposed and final rule.
Failure to give twenty days notice of intended action—
Effect.
Emergency rules and amendments.
34.05.353
34.05.360
34.05.365
34.05.370
34.05.375
34.05.380
34.05.385
34.05.390
34.05.395
Expedited rule making.
Order adopting rule, contents.
Incorporation by reference.
Rule-making file.
Substantial compliance with procedures.
Filing with code reviser—Register—Effective dates.
Rules for rule making.
Style, format, and numbering—Agency compliance.
Format and style of amendatory and new sections—Failure
to comply.
PART IV
ADJUDICATIVE PROCEEDINGS
34.05.410
34.05.413
34.05.416
34.05.419
34.05.422
34.05.425
34.05.428
34.05.431
34.05.434
34.05.437
34.05.440
34.05.443
34.05.446
34.05.449
34.05.452
34.05.455
34.05.458
34.05.461
34.05.464
34.05.467
34.05.470
34.05.473
34.05.476
34.05.479
34.05.4791
34.05.482
34.05.485
34.05.488
34.05.491
34.05.494
Application of Part IV.
Commencement—When required.
Decision not to conduct an adjudication.
Agency action on applications for adjudication.
Rate changes, licenses.
Presiding officers—Disqualification, substitution.
Representation.
Conference—Procedure and participation.
Notice of hearing.
Pleadings, briefs, motions, service.
Default.
Intervention.
Subpoenas, discovery, and protective orders.
Procedure at hearing.
Rules of evidence—Cross-examination.
Ex parte communications.
Separation of functions.
Entry of orders.
Review of initial orders.
Stay.
Reconsideration.
Effectiveness of orders.
Agency record.
Emergency adjudicative proceedings.
Secure community transition facility—Proceeding concerning public safety measures.
Brief adjudicative proceedings—Applicability.
Brief adjudicative proceedings—Procedure.
Brief proceedings—Administrative review—Applicability.
Brief proceedings—Administrative review—Procedures.
Agency record in brief proceedings.
PART V
JUDICIAL REVIEW AND CIVIL ENFORCEMENT
34.05.510
34.05.514
34.05.518
34.05.522
34.05.526
34.05.530
34.05.534
34.05.542
34.05.546
34.05.550
34.05.554
34.05.558
34.05.562
34.05.566
34.05.570
34.05.574
34.05.578
34.05.582
Relationship between this chapter and other judicial review
authority.
Petition for review—Where filed.
Direct review by court of appeals.
Refusal of review by court of appeals.
Appellate review by supreme court or court of appeals.
Standing.
Exhaustion of administrative remedies.
Time for filing petition for review.
Petition for review—Contents.
Stay and other temporary remedies.
Limitation on new issues.
Judicial review of facts confined to record.
New evidence taken by court or agency.
Agency record for review—Costs.
Judicial review.
Type of relief.
Petition by agency for enforcement.
Petition by others for enforcement.
[Title 34 RCW—page 1]
Chapter 34.05
34.05.586
34.05.588
34.05.590
34.05.594
34.05.598
Title 34 RCW: Administrative Law
Defenses, limitations on.
Enforcement of agency subpoena.
Incorporation of other judicial review provisions.
Review by higher court.
Frivolous petitions.
PART VI
LEGISLATIVE REVIEW
34.05.610
34.05.620
34.05.630
34.05.640
34.05.650
34.05.655
34.05.660
34.05.665
34.05.671
34.05.675
34.05.681
Joint administrative rules review committee—Members—
Appointment—Terms—Vacancies.
Review of proposed rules—Notice.
Review of existing rules—Policy and interpretive statements,
etc.—Notice—Hearing.
Committee objections to agency intended action—Statement
in register and WAC—Suspension of rule.
Recommendations by committee to legislature.
Petition for review.
Review and objection procedures—No presumption established.
Submission of rule for review—State employees protected.
Reports—Advisory boards—Staff.
Inspection of properties—Oaths, subpoenas, witnesses, depositions.
Enforcement—Committee subpoena—Refusal to testify.
PART IX
TECHNICAL PROVISIONS
34.05.900
34.05.901
34.05.902
34.05.903
Nonbinding
Captions and headings.
Severability—1988 c 288.
Effective date—Application—1988 c 288.
Severability—1998 c 280.
effect of unpublished rules and procedures: RCW 42.17.250.
34.05.001 Legislative intent. The legislature intends,
by enacting this 1988 Administrative Procedure Act, to
clarify the existing law of administrative procedure, to
achieve greater consistency with other states and the federal
government in administrative procedure, and to provide
greater public and legislative access to administrative
decision making. The legislature intends that to the greatest
extent possible and unless this chapter clearly requires otherwise, current agency practices and court decisions interpreting the Administrative Procedure Act in effect before
July 1, 1989, shall remain in effect. The legislature also
intends that the courts should interpret provisions of this
chapter consistently with decisions of other courts interpreting similar provisions of other states, the federal government,
and model acts. [1988 c 288 § 18.]
PART I
GENERAL PROVISIONS
34.05.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly requires otherwise.
(1) "Adjudicative proceeding" means a proceeding
before an agency in which an opportunity for hearing before
that agency is required by statute or constitutional right
before or after the entry of an order by the agency. Adjudicative proceedings also include all cases of licensing and rate
making in which an application for a license or rate change
is denied except as limited by RCW 66.08.150, or a license
is revoked, suspended, or modified, or in which the granting
of an application is contested by a person having standing to
contest under the law.
[Title 34 RCW—page 2]
(2) "Agency" means any state board, commission,
department, institution of higher education, or officer,
authorized by law to make rules or to conduct adjudicative
proceedings, except those in the legislative or judicial
branches, the governor, or the attorney general except to the
extent otherwise required by law and any local governmental
entity that may request the appointment of an administrative
law judge under chapter 42.41 RCW.
(3) "Agency action" means licensing, the implementation or enforcement of a statute, the adoption or application
of an agency rule or order, the imposition of sanctions, or
the granting or withholding of benefits.
Agency action does not include an agency decision
regarding (a) contracting or procurement of goods, services,
public works, and the purchase, lease, or acquisition by any
other means, including eminent domain, of real estate, as
well as all activities necessarily related to those functions, or
(b) determinations as to the sufficiency of a showing of
interest filed in support of a representation petition, or
mediation or conciliation of labor disputes or arbitration of
labor disputes under a collective bargaining law or similar
statute, or (c) any sale, lease, contract, or other proprietary
decision in the management of public lands or real property
interests, or (d) the granting of a license, franchise, or
permission for the use of trademarks, symbols, and similar
property owned or controlled by the agency.
(4) "Agency head" means the individual or body of
individuals in whom the ultimate legal authority of the
agency is vested by any provision of law. If the agency
head is a body of individuals, a majority of those individuals
constitutes the agency head.
(5) "Entry" of an order means the signing of the order
by all persons who are to sign the order, as an official act
indicating that the order is to be effective.
(6) "Filing" of a document that is required to be filed
with an agency means delivery of the document to a place
designated by the agency by rule for receipt of official
documents, or in the absence of such designation, at the
office of the agency head.
(7) "Institutions of higher education" are the University
of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State
College, the various community colleges, and the governing
boards of each of the above, and the various colleges,
divisions, departments, or offices authorized by the governing board of the institution involved to act for the institution,
all of which are sometimes referred to in this chapter as
"institutions."
(8) "Interpretive statement" means a written expression
of the opinion of an agency, entitled an interpretive statement by the agency head or its designee, as to the meaning
of a statute or other provision of law, of a court decision, or
of an agency order.
(9)(a) "License" means a franchise, permit, certification,
approval, registration, charter, or similar form of authorization required by law, but does not include (i) a license
required solely for revenue purposes, or (ii) a certification of
an exclusive bargaining representative, or similar status,
under a collective bargaining law or similar statute, or (iii)
a license, franchise, or permission for use of trademarks,
(2002 Ed.)
Administrative Procedure Act
symbols, and similar property owned or controlled by the
agency.
(b) "Licensing" includes the agency process respecting
the issuance, denial, revocation, suspension, or modification
of a license.
(10) "Mail" or "send," for purposes of any notice
relating to rule making or policy or interpretive statements,
means regular mail or electronic distribution, as provided in
RCW 34.05.260. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail.
(11)(a) "Order," without further qualification, means a
written statement of particular applicability that finally
determines the legal rights, duties, privileges, immunities, or
other legal interests of a specific person or persons.
(b) "Order of adoption" means the official written
statement by which an agency adopts, amends, or repeals a
rule.
(12) "Party to agency proceedings," or "party" in a
context so indicating, means:
(a) A person to whom the agency action is specifically
directed; or
(b) A person named as a party to the agency proceeding
or allowed to intervene or participate as a party in the
agency proceeding.
(13) "Party to judicial review or civil enforcement
proceedings," or "party" in a context so indicating, means:
(a) A person who files a petition for a judicial review or
civil enforcement proceeding; or
(b) A person named as a party in a judicial review or
civil enforcement proceeding, or allowed to participate as a
party in a judicial review or civil enforcement proceeding.
(14) "Person" means any individual, partnership,
corporation, association, governmental subdivision or unit
thereof, or public or private organization or entity of any
character, and includes another agency.
(15) "Policy statement" means a written description of
the current approach of an agency, entitled a policy statement by the agency head or its designee, to implementation
of a statute or other provision of law, of a court decision, or
of an agency order, including where appropriate the agency’s
current practice, procedure, or method of action based upon
that approach.
(16) "Rule" means any agency order, directive, or
regulation of general applicability (a) the violation of which
subjects a person to a penalty or administrative sanction; (b)
which establishes, alters, or revokes any procedure, practice,
or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement
relating to the enjoyment of benefits or privileges conferred
by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or
profession; or (e) which establishes, alters, or revokes any
mandatory standards for any product or material which must
be met before distribution or sale. The term includes the
amendment or repeal of a prior rule, but does not include (i)
statements concerning only the internal management of an
agency and not affecting private rights or procedures
available to the public, (ii) declaratory rulings issued
pursuant to RCW 34.05.240, (iii) traffic restrictions for
motor vehicles, bicyclists, and pedestrians established by the
secretary of transportation or his designee where notice of
(2002 Ed.)
34.05.010
such restrictions is given by official traffic control devices,
or (iv) rules of institutions of higher education involving
standards of admission, academic advancement, academic
credit, graduation and the granting of degrees, employment
relationships, or fiscal processes.
(17) "Rules review committee" or "committee" means
the joint administrative rules review committee created
pursuant to RCW 34.05.610 for the purpose of selectively
reviewing existing and proposed rules of state agencies.
(18) "Rule making" means the process for formulation
and adoption of a rule.
(19) "Service," except as otherwise provided in this
chapter, means posting in the United States mail, properly
addressed, postage prepaid, or personal service. Service by
mail is complete upon deposit in the United States mail.
Agencies may, by rule, authorize service by electronic
telefacsimile transmission, where copies are mailed simultaneously, or by commercial parcel delivery company. [1997
c 126 § 2; 1992 c 44 § 10; 1989 c 175 § 1; 1988 c 288 §
101; 1982 c 10 § 5. Prior: 1981 c 324 § 2; 1981 c 183 §
1; 1967 c 237 § 1; 1959 c 234 § 1. Formerly RCW
34.04.010.]
Effective dates—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
Effective dates—1989 c 175: "Sections 1 through 35 and 37 through
185 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or the support of the state government and its
existing public institutions, and shall take effect on July 1, 1989. Section
36 of this act shall take effect on July 1, 1990." [1989 c 175 § 186.]
Severability—1982 c 10: See note following RCW 6.13.080.
Legislative affirmation—1981 c 324: "The legislature affirms that
all rule-making authority of state agencies and institutions of higher
education is a function delegated by the legislature, and as such, shall be
exercised pursuant to the conditions and restrictions contained in this act."
[1981 c 324 § 1.]
Severability—1981 c 324: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 324 § 18.]
34.05.020 Savings—Authority of agencies to comply
with chapter—Effect of subsequent legislation. Nothing
in this chapter may be held to diminish the constitutional
rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law.
Except as otherwise required by law, all requirements or
privileges relating to evidence or procedure shall apply
equally to agencies and persons. Every agency is granted all
authority necessary to comply with the requirements of this
chapter through the issuance of rules or otherwise. No
subsequent legislation shall be held to supersede or modify
the provisions of this chapter or its applicability to any
agency except to the extent that such legislation shall do so
expressly. [1988 c 288 § 102; 1967 c 237 § 24. Formerly
RCW 34.04.940.]
34.05.030 Exclusions from chapter or parts of
chapter. (Effective until July 1, 2006.) (1) This chapter
shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate
sentencing review board with respect to persons who are in
[Title 34 RCW—page 3]
34.05.030
Title 34 RCW: Administrative Law
their custody or are subject to the jurisdiction of those
agencies.
(2) The provisions of RCW 34.05.410 through
34.05.598 shall not apply:
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110
and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW,
to the denial, suspension, or revocation of a driver’s license
by the department of licensing;
(c) To the department of labor and industries where
another statute expressly provides for review of adjudicative
proceedings of a department action, order, decision, or award
before the board of industrial insurance appeals;
(d) To actions of the Washington personnel resources
board, the director of personnel, or the personnel appeals
board; or
(e) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal
hearing pursuant to RCW 82.03.140 or 82.03.190, RCW
34.05.410 through 34.05.598 do not apply to a review
hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not
apply to reimbursement unit values, fee schedules, arithmetic
conversion factors, and similar arithmetic factors used to
determine payment rates that apply to goods and services
purchased under contract for clients eligible under chapter
74.09 RCW.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the
Administrative Procedure Act, shall be subject to the entire
act. [1994 c 39 § 1; 1993 c 281 § 15; 1989 c 175 § 2; 1988
c 288 § 103; 1984 c 141 § 8; 1982 c 221 § 6; 1981 c 64 §
2; 1979 c 158 § 90; 1971 ex.s. c 57 § 17; 1971 c 21 § 1;
1967 ex.s. c 71 § 1; 1967 c 237 § 7; 1963 c 237 § 1; 1959
c 234 § 15. Formerly RCW 34.04.150.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.030 Exclusions from chapter or parts of
chapter. (Effective July 1, 2006.) (1) This chapter shall
not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate
sentencing review board with respect to persons who are in
their custody or are subject to the jurisdiction of those
agencies.
(2) The provisions of RCW 34.05.410 through
34.05.598 shall not apply:
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110
and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW,
to the denial, suspension, or revocation of a driver’s license
by the department of licensing;
(c) To the department of labor and industries where
another statute expressly provides for review of adjudicative
proceedings of a department action, order, decision, or award
before the board of industrial insurance appeals;
[Title 34 RCW—page 4]
(d) To actions of the Washington personnel resources
board or the director of personnel; or
(e) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal
hearing pursuant to RCW 82.03.140 or 82.03.190, RCW
34.05.410 through 34.05.598 do not apply to a review
hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not
apply to reimbursement unit values, fee schedules, arithmetic
conversion factors, and similar arithmetic factors used to
determine payment rates that apply to goods and services
purchased under contract for clients eligible under chapter
74.09 RCW.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the
Administrative Procedure Act, shall be subject to the entire
act. [2002 c 354 § 225; 1994 c 39 § 1; 1993 c 281 § 15;
1989 c 175 § 2; 1988 c 288 § 103; 1984 c 141 § 8; 1982 c
221 § 6; 1981 c 64 § 2; 1979 c 158 § 90; 1971 ex.s. c 57 §
17; 1971 c 21 § 1; 1967 ex.s. c 71 § 1; 1967 c 237 § 7;
1963 c 237 § 1; 1959 c 234 § 15. Formerly RCW
34.04.150.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.040 Operation of chapter if in conflict with
federal law. If any part of this chapter is found to be in
conflict with federal requirements which are a condition
precedent to the allocation of federal funds to the state, the
conflicting part of this chapter is inoperative solely to the
extent of the conflict and with respect to the agencies
directly affected, and such findings or determination shall not
affect the operation of the remainder of this chapter in its
application to the agencies concerned. [1988 c 288 § 104;
1959 c 234 § 19. Formerly RCW 34.04.930.]
34.05.050 Waiver. Except to the extent precluded by
another provision of law, a person may waive any right
conferred upon that person by this chapter. [1988 c 288 §
105.]
34.05.060 Informal settlements. Except to the extent
precluded by another provision of law and subject to
approval by agency order, informal settlement of matters that
may make unnecessary more elaborate proceedings under
this chapter is strongly encouraged. Agencies may establish
by rule specific procedures for attempting and executing
informal settlement of matters. This section does not require
any party or other person to settle a matter. [1988 c 288 §
106.]
34.05.070 Conversion of proceedings. (1) If it
becomes apparent during the course of an adjudicative or
rule-making proceeding undertaken pursuant to this chapter
that another form of proceeding under this chapter is necessary, is in the public interest, or is more appropriate to
resolve issues affecting the participants, on his or her own
motion or on the motion of any party, the presiding officer
(2002 Ed.)
Administrative Procedure Act
or other official responsible for the original proceeding shall
advise the parties of necessary steps for conversion and, if
within the official’s power, commence the new proceeding.
If the agency refuses to convert to another proceeding, that
decision is not subject to judicial review. Commencement
of the new proceeding shall be accomplished pursuant to the
procedural rules of the new proceeding, except that elements
already performed need not be repeated.
(2) If appropriate, a new proceeding may be commenced
independently of the original proceeding or may replace the
original proceeding.
(3) Conversion to a replacement proceeding shall not be
undertaken if the rights of any party will be substantially
prejudiced.
(4) To the extent feasible the record of the original
proceeding shall be included in the record of a replacement
proceeding.
(5) The time of commencement of a replacement
proceeding shall be considered to be the time of commencement of the original proceeding. [1988 c 288 § 107.]
34.05.080 Variation from time limits. (1) An agency
may modify time limits established in this chapter only as
set forth in this section. An agency may not modify time
limits relating to rule-making procedures or the time limits
for filing a petition for judicial review specified in RCW
34.05.542.
(2) The time limits set forth in this chapter may be
modified by rule of the agency or by rule of the chief
administrative law judge if:
(a) The agency has an agency head composed of a body
of individuals serving part time who do not regularly meet
on a schedule that would allow compliance with the time
limits of this chapter in the normal course of agency affairs;
(b) The agency does not have a permanent staff to
comply with the time limits set forth in this chapter without
substantial loss of efficiency and economy; and
(c) The rights of persons dealing with the agency are
not substantially impaired.
(3) The time limits set forth in this chapter may be
modified by rule if the agency determines that the change is
necessary to the performance of its statutory duties. Agency
rule may provide for emergency variation when required in
a specific case.
(4) Time limits may be changed pursuant to RCW
34.05.040.
(5) Time limits may be waived pursuant to RCW
34.05.050.
(6) Any modification in the time limits set forth in this
chapter shall be to new time limits that are reasonable under
the specific circumstances.
(7) In an adjudicative proceeding, any agency whose
time limits vary from those set forth in this chapter shall
provide reasonable and adequate notice of the pertinent time
limits to persons affected. The notice may be given by the
presiding or reviewing officer involved in the proceeding.
(8) Two years after July 1, 1989, the chief administrative law judge shall cause a survey to be made of variations
by agencies from the time limits set forth in this chapter, and
shall submit a written report of the results of the survey to
(2002 Ed.)
34.05.070
the office of the governor. [1989 c 175 § 3; 1988 c 288 §
108.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.090 Forest practices board—Emergency rules.
Emergency rules adopted by the forest practices board
pertaining to forest practices and the protection of aquatic
resources are subject to this chapter to the extent provided in
RCW 76.09.055. [1999 sp.s. c 4 § 202.]
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: See note
following RCW 76.09.055.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
PART II
PUBLIC ACCESS TO AGENCY RULES
34.05.210 Code and register—Publication and
distribution—Omissions, removals, revisions—Judicial
notice. (1) The code reviser shall cause the Washington
Administrative Code to be compiled, indexed by subject, and
published. All current, permanently effective rules of each
agency shall be published in the Washington Administrative
Code. Compilations shall be supplemented or revised as
often as necessary and at least annually in a form compatible
with the main compilation.
(2) Subject to the provisions of this chapter, the code
reviser shall prescribe a uniform numbering system, form,
and style for all proposed and adopted rules.
(3) The code reviser shall publish a register setting forth
the text of all rules filed during the appropriate register
publication period.
(4) The code reviser may omit from the register or the
compilation, rules that would be unduly cumbersome,
expensive, or otherwise inexpedient to publish, if such rules
are made available in printed or processed form on application to the adopting agency, and if the register or compilation contains a notice stating the general subject matter of
the rules so omitted and stating how copies thereof may be
obtained.
(5) The code reviser may edit and revise rules for
publication, codification, and compilation, without changing
the meaning of any such rule.
(6) When a rule, in whole or in part, is declared invalid
and unconstitutional by a court of final appeal, the adopting
agency shall give notice to that effect in the register. With
the consent of the attorney general, the code reviser may
remove obsolete rules or parts of rules from the Washington
Administrative Code when:
(a) The rules are declared unconstitutional by a court of
final appeal; or
(b) The adopting agency ceases to exist and the rules
are not transferred by statute to a successor agency.
(7) Registers and compilations shall be made available,
in written form to (a) state elected officials whose offices are
created by Article II or III of the state Constitution or by
RCW 48.02.010, upon request, (b) to the secretary of the
senate and the chief clerk of the house for committee use, as
required, but not to exceed the number of standing committees in each body, (c) to county boards of law library
trustees and to the Olympia representatives of the Associated
[Title 34 RCW—page 5]
34.05.210
Title 34 RCW: Administrative Law
Press and the United Press International without request, free
of charge, and (d) to other persons at a price fixed by the
code reviser.
(8) The board of law library trustees of each county
shall keep and maintain a complete and current set of
registers and compilations for use and inspection as provided
in *RCW 27.24.060.
(9) Judicial notice shall be taken of rules filed and
published as provided in RCW 34.05.380 and this section.
[1988 c 288 § 201; 1982 1st ex.s. c 32 § 7; 1980 c 186 §
12; 1977 ex.s. c 240 § 9; 1959 c 234 § 5. Formerly RCW
34.04.050.]
*Reviser’s note: RCW 27.24.060 was repealed by 1992 c 62 § 9,
effective April 1, 1992.
Severability—1980 c 186: See note following RCW 34.05.320.
Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
Nonbinding effect of unpublished rules and procedures: RCW 42.17.250.
34.05.220 Rules for agency procedure—Indexes of
opinions and statements. (1) In addition to other rulemaking requirements imposed by law:
(a) Each agency may adopt rules governing the formal
and informal procedures prescribed or authorized by this
chapter and rules of practice before the agency, together with
forms and instructions. If an agency has not adopted
procedural rules under this section, the model rules adopted
by the chief administrative law judge under RCW 34.05.250
govern procedures before the agency.
(b) To assist interested persons dealing with it, each
agency shall adopt as a rule a description of its organization,
stating the general course and method of its operations and
the methods whereby the public may obtain information and
make submissions or requests. No person may be required
to comply with agency procedure not adopted as a rule as
herein required.
(2) To the extent not prohibited by federal law or
regulation, nor prohibited for reasons of confidentiality by
state law, each agency shall keep on file for public inspection all final orders, decisions, and opinions in adjudicative
proceedings, interpretive statements, policy statements, and
any digest or index to those orders, decisions, opinions, or
statements prepared by or for the agency.
(3) No agency order, decision, or opinion is valid or
effective against any person, nor may it be invoked by the
agency for any purpose, unless it is available for public
inspection. This subsection is not applicable in favor of any
person who has actual knowledge of the order, decision, or
opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person
has been properly served with a copy of the order.
(4) Each agency that is authorized by law to exercise
discretion in deciding individual cases is encouraged to
formalize the general principles that may evolve from these
decisions by adopting the principles as rules that the agency
will follow until they are amended or repealed.
(5) To the extent practicable, any rule proposed or
adopted by an agency should be clearly and simply stated, so
that it can be understood by those required to comply. [1994
c 249 § 24; 1989 c 175 § 4; 1988 c 288 § 202; 1981 c 67 §
13; 1967 c 237 § 2; 1959 c 234 § 2. Formerly RCW
34.04.020.]
[Title 34 RCW—page 6]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.05.230 Interpretive and policy statements. (1)
An agency is encouraged to advise the public of its current
opinions, approaches, and likely courses of action by means
of interpretive or policy statements. Current interpretive and
policy statements are advisory only. To better inform and
involve the public, an agency is encouraged to convert longstanding interpretive and policy statements into rules.
(2) A person may petition an agency requesting the
conversion of interpretive and policy statements into rules.
Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty
days after submission of a petition, the agency shall either
deny the petition in writing, stating its reasons for the denial,
or initiate rule-making proceedings in accordance with this
chapter.
(3) Each agency shall maintain a roster of interested
persons, consisting of persons who have requested in writing
to be notified of all interpretive and policy statements issued
by that agency. Each agency shall update the roster once
each year and eliminate persons who do not indicate a desire
to continue on the roster. Whenever an agency issues an
interpretive or policy statement, it shall send a copy of the
statement to each person listed on the roster. The agency
may charge a nominal fee to the interested person for this
service.
(4) Whenever an agency issues an interpretive or policy
statement, it shall submit to the code reviser for publication
in the Washington State Register a statement describing the
subject matter of the interpretive or policy statement, and
listing the person at the agency from whom a copy of the
interpretive or policy statement may be obtained. [2001 c 25
§ 1; 1997 c 409 § 202; 1996 c 206 § 12; 1995 c 403 § 702;
1988 c 288 § 203.]
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
Findings—1996 c 206: See note following RCW 43.05.030.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.240 Declaratory order by agency—Petition.
(1) Any person may petition an agency for a declaratory
order with respect to the applicability to specified circumstances of a rule, order, or statute enforceable by the agency.
The petition shall set forth facts and reasons on which the
petitioner relies to show:
(a) That uncertainty necessitating resolution exists;
(b) That there is actual controversy arising from the
uncertainty such that a declaratory order will not be merely
an advisory opinion;
(c) That the uncertainty adversely affects the petitioner;
(d) That the adverse effect of uncertainty on the
petitioner outweighs any adverse effects on others or on the
general public that may likely arise from the order requested;
and
(2002 Ed.)
Administrative Procedure Act
(e) That the petition complies with any additional
requirements established by the agency under subsection (2)
of this section.
(2) Each agency may adopt rules that provide for: (a)
The form, contents, and filing of petitions for a declaratory
order; (b) the procedural rights of persons in relation thereto;
and (c) the disposition of those petitions. These rules may
include a description of the classes of circumstances in
which the agency will not enter a declaratory order and shall
be consistent with the public interest and with the general
policy of this chapter to facilitate and encourage agencies to
provide reliable advice.
(3) Within fifteen days after receipt of a petition for a
declaratory order, the agency shall give notice of the petition
to all persons to whom notice is required by law, and may
give notice to any other person it deems desirable.
(4) RCW 34.05.410 through 34.05.494 apply to agency
proceedings for declaratory orders only to the extent an
agency so provides by rule or order.
(5) Within thirty days after receipt of a petition for a
declaratory order an agency, in writing, shall do one of the
following:
(a) Enter an order declaring the applicability of the
statute, rule, or order in question to the specified circumstances;
(b) Set the matter for specified proceedings to be held
no more than ninety days after receipt of the petition;
(c) Set a specified time no more than ninety days after
receipt of the petition by which it will enter a declaratory
order; or
(d) Decline to enter a declaratory order, stating the
reasons for its action.
(6) The time limits of subsection (5) (b) and (c) of this
section may be extended by the agency for good cause.
(7) An agency may not enter a declaratory order that
would substantially prejudice the rights of a person who
would be a necessary party and who does not consent in
writing to the determination of the matter by a declaratory
order proceeding.
(8) A declaratory order has the same status as any other
order entered in an agency adjudicative proceeding. Each
declaratory order shall contain the names of all parties to the
proceeding on which it is based, the particular facts on
which it is based, and the reasons for its conclusions. [1988
c 288 § 204; 1959 c 234 § 8. Formerly RCW 34.04.080.]
34.05.250 Model rules of procedure. The chief
administrative law judge shall adopt model rules of procedure appropriate for use by as many agencies as possible.
The model rules shall deal with all general functions and
duties performed in common by the various agencies. Each
agency shall adopt as much of the model rules as is reasonable under its circumstances. Any agency adopting a rule of
procedure that differs from the model rules shall include in
the order of adoption a finding stating the reasons for
variance. [1988 c 288 § 205.]
34.05.260 Electronic distribution. (1) In order to
provide the greatest possible access to agency documents to
the most people, agencies are encouraged to make their rule,
interpretive, and policy information available through
(2002 Ed.)
34.05.240
electronic distribution as well as through the regular mail.
Agencies that have the capacity to transmit electronically
may ask persons who are on mailing lists or rosters for
copies of interpretive statements, policy statements,
preproposal statements of inquiry, and other similar notices
whether they would like to receive the notices electronically.
(2) Electronic distribution to persons who request it may
substitute for mailed copies related to rule making or policy
or interpretive statements. If a notice is distributed electronically, the agency is not required to transmit the actual notice
form but must send all the information contained in the
notice.
(3) Agencies which maintain mailing lists or rosters for
any notices relating to rule making or policy or interpretive
statements may establish different rosters or lists by general
subject area. [1997 c 126 § 1.]
PART III
RULE-MAKING PROCEDURES
34.05.310 Prenotice inquiry—Negotiated and pilot
rules. (1) To meet the intent of providing greater public
access to administrative rule making and to promote consensus among interested parties, agencies shall solicit comments
from the public on a subject of possible rule making before
filing with the code reviser a notice of proposed rule making
under RCW 34.05.320. The agency shall prepare a statement of inquiry that:
(a) Identifies the specific statute or statutes authorizing
the agency to adopt rules on this subject;
(b) Discusses why rules on this subject may be needed
and what they might accomplish;
(c) Identifies other federal and state agencies that
regulate this subject, and describes the process whereby the
agency would coordinate the contemplated rule with these
agencies;
(d) Discusses the process by which the rule might be
developed, including, but not limited to, negotiated rule
making, pilot rule making, or agency study;
(e) Specifies the process by which interested parties can
effectively participate in the decision to adopt a new rule and
formulation of a proposed rule before its publication.
The statement of inquiry shall be filed with the code
reviser for publication in the state register at least thirty days
before the date the agency files notice of proposed rule
making under RCW 34.05.320 and shall be sent to any party
that has requested receipt of the agency’s statements of
inquiry.
(2) Agencies are encouraged to develop and use new
procedures for reaching agreement among interested parties
before publication of notice and the adoption hearing on a
proposed rule. Examples of new procedures include, but are
not limited to:
(a) Negotiated rule making by which representatives of
an agency and of the interests that are affected by a subject
of rule making, including, where appropriate, county and city
representatives, seek to reach consensus on the terms of the
proposed rule and on the process by which it is negotiated;
and
(b) Pilot rule making which includes testing the feasibility of complying with or administering draft new rules or
[Title 34 RCW—page 7]
34.05.310
Title 34 RCW: Administrative Law
draft amendments to existing rules through the use of
volunteer pilot groups in various areas and circumstances, as
provided in RCW 34.05.313 or as otherwise provided by the
agency.
(3)(a) An agency must make a determination whether
negotiated rule making, pilot rule making, or another process
for generating participation from interested parties prior to
development of the rule is appropriate.
(b) An agency must include a written justification in the
rule-making file if an opportunity for interested parties to
participate in the rule-making process prior to publication of
the proposed rule has not been provided.
(4) This section does not apply to:
(a) Emergency rules adopted under RCW 34.05.350;
(b) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment
party;
(c) Rules adopting or incorporating by reference without
material change federal statutes or regulations, Washington
state statutes, rules of other Washington state agencies,
shoreline master programs other than those programs
governing shorelines of statewide significance, or, as
referenced by Washington state law, national consensus
codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject
matter and conduct as the adopting or incorporating rule;
(d) Rules that only correct typographical errors, make
address or name changes, or clarify language of a rule
without changing its effect;
(e) Rules the content of which is explicitly and specifically dictated by statute;
(f) Rules that set or adjust fees or rates pursuant to
legislative standards; or
(g) Rules that adopt, amend, or repeal:
(i) A procedure, practice, or requirement relating to
agency hearings; or
(ii) A filing or related process requirement for applying
to an agency for a license or permit. [1995 c 403 § 301;
1994 c 249 § 1; 1993 c 202 § 2; 1989 c 175 § 5; 1988 c 288
§ 301.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—1994 c 249: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 249 § 38.]
Application—1994 c 249: "This act applies prospectively only and
not retroactively." [1994 c 249 § 36.]
Finding—Intent—1993 c 202: "The legislature finds that while the
1988 Administrative Procedure Act expanded public participation in the
agency rule-making process, there continue to be instances when participants have developed adversarial relationships with each other, resulting in
the inability to identify all of the issues, the failure to focus on solutions to
problems, unnecessary delays, litigation, and added cost to the agency,
affected parties, and the public in general.
When interested parties work together, it is possible to negotiate
development of a rule that is acceptable to all affected, and that conforms
to the intent of the statute the rule is intended to implement.
After a rule is adopted, unanticipated negative impacts may emerge.
Examples include excessive costs of administration for the agency and
compliance by affected parties, technical conditions that may be physically
[Title 34 RCW—page 8]
or economically unfeasible to meet, problems of interpretation due to lack
of clarity, and reporting requirements that duplicate or conflict with those
already in place.
It is therefore the intent of the legislature to encourage flexible
approaches to developing administrative rules, including but not limited to
negotiated rule making and a process for testing the feasibility of adopted
rules, often called the pilot rule process. However, nothing in chapter 202,
Laws of 1993 shall be construed to create any mandatory duty for an
agency to use the procedures in RCW 34.05.310 or 34.05.313 in any
particular instance of rule making. Agencies shall determine, in their
discretion, when it is appropriate to use these procedures." [1993 c 202 §
1.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Rules coordinator duties regarding business: RCW 43.17.310.
34.05.312 Rules coordinator. Each agency shall
designate a rules coordinator, who shall have knowledge of
the subjects of rules being proposed or prepared within the
agency for proposal, maintain the records of any such action,
and respond to public inquiries about possible or proposed
rules and the identity of agency personnel working, reviewing, or commenting on them. The office and mailing address of the rules coordinator shall be published in the state
register at the time of designation and in the first issue of
each calendar year thereafter for the duration of the designation. The rules coordinator may be an employee of another
agency. [1993 c 202 § 3.]
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
34.05.313 Feasibility studies—Pilot projects. (1)
During the development of a rule or after its adoption, an
agency may develop methods for measuring or testing the
feasibility of complying with or administering the rule and
for identifying simple, efficient, and economical alternatives
for achieving the goal of the rule. A pilot project shall
include public notice, participation by volunteers who are or
will be subject to the rule, a high level of involvement from
agency management, reasonable completion dates, and a
process by which one or more parties may withdraw from
the process or the process may be terminated. Volunteers
who agree to test a rule and attempt to meet the requirements of the draft rule, to report periodically to the proposing agency on the extent of their ability to meet the requirements of the draft rule, and to make recommendations for
improving the draft rule shall not be obligated to comply
fully with the rule being tested nor be subject to any
enforcement action or other sanction for failing to comply
with the requirements of the draft rule.
(2) An agency conducting a pilot rule project authorized
under subsection (1) of this section may waive one or more
provisions of agency rules otherwise applicable to participants in such a pilot project if the agency first determines
that such a waiver is in the public interest and necessary to
conduct the project. Such a waiver may be only for a stated
period of time, not to exceed the duration of the project.
(3) The findings of the pilot project should be widely
shared and, where appropriate, adopted as amendments to the
rule.
(4) If an agency conducts a pilot rule project in lieu of
meeting the requirements of the regulatory fairness act,
chapter 19.85 RCW, the agency shall ensure the following
conditions are met:
(2002 Ed.)
Administrative Procedure Act
(a) If over ten small businesses are affected, there shall
be at least ten small businesses in the test group and at least
one-half of the volunteers participating in the pilot test group
shall be small businesses.
(b)(i) If there are at least one hundred businesses
affected, the participation by small businesses in the test
group shall be as follows:
(A) Not less than twenty percent of the small businesses
must employ twenty-six to fifty employees;
(B) Not less than twenty percent of the small businesses
must employ eleven to twenty-six employees; and
(C) Not less than twenty percent of the small businesses
must employ zero to ten employees.
(ii) If there do not exist a sufficient number of small
businesses in each size category set forth in (b)(i) of this
subsection willing to participate in the pilot project to meet
the minimum requirements of that subsection, then the
agency must comply with this section to the maximum
extent practicable.
(c) The agency may not terminate the pilot project
before completion.
(d) Before filing the notice of proposed rule making
pursuant to RCW 34.05.320, the agency must prepare a
report of the pilot rule project that includes:
(i) A description of the difficulties small businesses had
in complying with the pilot rule;
(ii) A list of the recommended revisions to the rule to
make compliance with the rule easier or to reduce the cost
of compliance with the rule by the small businesses participating in the pilot rule project;
(iii) A written statement explaining the options it considered to resolve each of the difficulties described and a
statement explaining its reasons for not including a recommendation by the pilot test group to revise the rule; and
(iv) If the agency was unable to meet the requirements
set forth in (b)(i) of this subsection, a written explanation of
why it was unable to do so and the steps the agency took to
include small businesses in the pilot project. [1995 c 403 §
303; 1993 c 202 § 4.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
34.05.314 Rules development agenda. Each state
agency shall prepare a semiannual agenda for rules under
development. The agency shall file the agenda with the code
reviser for publication in the state register not later than
January 31st and July 31st of each year. Not later than three
days after its publication in the state register, the agency
shall send a copy of the agenda to each person who has
requested receipt of a copy of the agenda. The agency shall
also submit the agenda to the director of financial management, the rules review committee, and any other state agency
that may reasonably be expected to have an interest in the
subject of rules that will be developed. [1997 c 409 § 206.]
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
(2002 Ed.)
34.05.313
34.05.315 Rule-making docket. (1) Each agency
shall maintain a current public rule-making docket. The
rule-making docket shall contain the information specified in
subsection (3) of this section.
(2) The rule-making docket shall contain a listing of
each pending rule-making proceeding. A rule-making
proceeding is pending from the time it is commenced by
publication of a notice of proposed rule adoption under
RCW 34.05.320 until the proposed rule is withdrawn under
RCW 34.05.335 or is adopted by the agency.
(3) For each rule-making proceeding, the docket shall
indicate all of the following:
(a) The name and address of agency personnel responsible for the proposed rule;
(b) The subject of the proposed rule;
(c) A citation to all notices relating to the proceeding
that have been published in the state register under RCW
34.05.320;
(d) The place where written submissions about the
proposed rule may be inspected;
(e) The time during which written submissions will be
accepted;
(f) The current timetable established for the agency
proceeding, including the time and place of any rule-making
hearing, the date of the rule’s adoption, filing, publication,
and its effective date. [1989 c 175 § 6; 1988 c 288 § 302.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.320 Notice of proposed rule—Contents—
Distribution by agency—Institutions of higher education.
(1) At least twenty days before the rule-making hearing at
which the agency receives public comment regarding
adoption of a rule, the agency shall cause notice of the
hearing to be published in the state register. The publication
constitutes the proposal of a rule. The notice shall include
all of the following:
(a) A title, a description of the rule’s purpose, and any
other information which may be of assistance in identifying
the rule or its purpose;
(b) Citations of the statutory authority for adopting the
rule and the specific statute the rule is intended to implement;
(c) A summary of the rule and a statement of the
reasons supporting the proposed action;
(d) The agency personnel, with their office location and
telephone number, who are responsible for the drafting,
implementation, and enforcement of the rule;
(e) The name of the person or organization, whether
private, public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any,
regarding statutory language, implementation, enforcement,
and fiscal matters pertaining to the rule;
(g) Whether the rule is necessary as the result of federal
law or federal or state court action, and if so, a copy of such
law or court decision shall be attached to the purpose
statement;
(h) When, where, and how persons may present their
views on the proposed rule;
(i) The date on which the agency intends to adopt the
rule;
[Title 34 RCW—page 9]
34.05.320
Title 34 RCW: Administrative Law
(j) A short explanation of the rule, its purpose, and
anticipated effects, including in the case of a proposal that
would modify existing rules, a short description of the
changes the proposal would make;
(k) A copy of the small business economic impact
statement prepared under chapter 19.85 RCW, or an explanation for why the agency did not prepare the statement; and
(l) A statement indicating whether RCW 34.05.328
applies to the rule adoption.
(2) Upon filing notice of the proposed rule with the
code reviser, the adopting agency shall have copies of the
notice on file and available for public inspection and shall
forward three copies of the notice to the rules review
committee.
(3) No later than three days after its publication in the
state register, the agency shall cause a copy of the notice of
proposed rule adoption to be mailed to each person, city, and
county that has made a request to the agency for a mailed
copy of such notices. An agency may charge for the actual
cost of providing a requesting party mailed copies of these
notices.
(4) In addition to the notice required by subsections (1)
and (2) of this section, an institution of higher education
shall cause the notice to be published in the campus or
standard newspaper of the institution at least seven days
before the rule-making hearing. [1995 c 403 § 302; 1994 c
249 § 14; 1992 c 197 § 8; 1989 c 175 § 7; 1988 c 288 §
303; 1982 c 221 § 2; 1982 c 6 § 7; 1980 c 186 § 10; 1977
ex.s. c 84 § 1. Formerly RCW 34.04.045.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1982 c 6: See RCW 19.85.900.
Severability—1980 c 186: "If any provision of this 1980 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 186 § 29.]
Expedited adoption: RCW 34.05.353.
Small business economic impact statement—Purpose—Contents: RCW
19.85.040.
34.05.322 Scope of rule-making authority. For rules
implementing statutes enacted after July 23, 1995, an agency
may not rely solely on the section of law stating a statute’s
intent or purpose, or on the enabling provisions of the statute
establishing the agency, or on any combination of such
provisions, for its statutory authority to adopt the rule. An
agency may use the statement of intent or purpose or the
agency enabling provisions to interpret ambiguities in a
statute’s other provisions. [1995 c 403 § 118.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
[Title 34 RCW—page 10]
34.05.325 Public participation—Concise explanatory
statement. (1) The agency shall make a good faith effort to
insure that the information on the proposed rule published
pursuant to RCW 34.05.320 accurately reflects the rule to be
presented and considered at the oral hearing on the rule.
Written comment about a proposed rule, including supporting
data, shall be accepted by an agency if received no later than
the time and date specified in the notice, or such later time
and date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral
comment to be received by the agency in a rule-making
hearing.
(3) If the agency possesses equipment capable of
receiving telefacsimile transmissions or recorded telephonic
communications, the agency may provide in its notice of
hearing filed under RCW 34.05.320 that interested parties
may comment on proposed rules by these means. If the
agency chooses to receive comments by these means, the
notice of hearing shall provide instructions for making such
comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which
comments must be received; required methods to verify the
receipt and authenticity of the comments; and any limitations
on the number of pages for telefacsimile transmission
comments and on the minutes of tape recorded comments.
The agency shall accept comments received by these means
for inclusion in the official record if the comments are made
in accordance with the agency’s instructions.
(4) The agency head, a member of the agency head, or
a presiding officer designated by the agency head shall
preside at the rule-making hearing. Rule-making hearings
shall be open to the public. The agency shall cause a record
to be made of the hearing by stenographic, mechanical, or
electronic means. Regardless of whether the agency head
has delegated rule-making authority, the presiding official
shall prepare a memorandum for consideration by the agency
head, summarizing the contents of the presentations made at
the rule-making hearing, unless the agency head presided or
was present at substantially all of the hearings. The summarizing memorandum is a public document and shall be made
available to any person in accordance with chapter 42.17
RCW.
(5) Rule-making hearings are legislative in character and
shall be reasonably conducted by the presiding official to
afford interested persons the opportunity to present comment.
Rule-making hearings may be continued to a later time and
place established on the record without publication of further
notice under RCW 34.05.320.
(6)(a) Before it files an adopted rule with the code
reviser, an agency shall prepare a concise explanatory
statement of the rule:
(i) Identifying the agency’s reasons for adopting the
rule;
(ii) Describing differences between the text of the
proposed rule as published in the register and the text of the
rule as adopted, other than editing changes, stating the
reasons for differences; and
(iii) Summarizing all comments received regarding the
proposed rule, and responding to the comments by category
or subject matter, indicating how the final rule reflects
agency consideration of the comments, or why it fails to do
so.
(2002 Ed.)
Administrative Procedure Act
(b) The agency shall provide the concise explanatory
statement to any person upon request or from whom the
agency received comment. [1998 c 125 § 1; 1995 c 403 §
304; 1994 c 249 § 7; 1992 c 57 § 1; 1988 c 288 § 304.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
34.05.328 Significant legislative rules, other selected
rules. (1) Before adopting a rule described in subsection (5)
of this section, an agency shall:
(a) Clearly state in detail the general goals and specific
objectives of the statute that the rule implements;
(b) Determine that the rule is needed to achieve the
general goals and specific objectives stated under (a) of this
subsection, and analyze alternatives to rule making and the
consequences of not adopting the rule;
(c) Determine that the probable benefits of the rule are
greater than its probable costs, taking into account both the
qualitative and quantitative benefits and costs and the
specific directives of the statute being implemented;
(d) Determine, after considering alternative versions of
the rule and the analysis required under (b) and (c) of this
subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that
will achieve the general goals and specific objectives stated
under (a) of this subsection;
(e) Determine that the rule does not require those to
whom it applies to take an action that violates requirements
of another federal or state law;
(f) Determine that the rule does not impose more
stringent performance requirements on private entities than
on public entities unless required to do so by federal or state
law;
(g) Determine if the rule differs from any federal
regulation or statute applicable to the same activity or
subject matter and, if so, determine that the difference is
justified by the following:
(i) A state statute that explicitly allows the agency to
differ from federal standards; or
(ii) Substantial evidence that the difference is necessary
to achieve the general goals and specific objectives stated
under (a) of this subsection; and
(h) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the
same activity or subject matter.
(2) In making its determinations pursuant to subsection
(1)(b) through (g) of this section, the agency shall place in
the rule-making file documentation of sufficient quantity and
quality so as to persuade a reasonable person that the
determinations are justified.
(3) Before adopting rules described in subsection (5) of
this section, an agency shall place in the rule-making file a
rule implementation plan for rules filed under each adopting
order. The plan shall describe how the agency intends to:
(a) Implement and enforce the rule, including a description of the resources the agency intends to use;
(2002 Ed.)
34.05.325
(b) Inform and educate affected persons about the rule;
(c) Promote and assist voluntary compliance; and
(d) Evaluate whether the rule achieves the purpose for
which it was adopted, including, to the maximum extent
practicable, the use of interim milestones to assess progress
and the use of objectively measurable outcomes.
(4) After adopting a rule described in subsection (5) of
this section regulating the same activity or subject matter as
another provision of federal or state law, an agency shall do
all of the following:
(a) Provide to the *business assistance center a list
citing by reference the other federal and state laws that
regulate the same activity or subject matter;
(b) Coordinate implementation and enforcement of the
rule with the other federal and state entities regulating the
same activity or subject matter by making every effort to do
one or more of the following:
(i) Deferring to the other entity;
(ii) Designating a lead agency; or
(iii) Entering into an agreement with the other entities
specifying how the agency and entities will coordinate
implementation and enforcement.
If the agency is unable to comply with this subsection
(4)(b), the agency shall report to the legislature pursuant to
(c) of this subsection;
(c) Report to the joint administrative rules review
committee:
(i) The existence of any overlap or duplication of other
federal or state laws, any differences from federal law, and
any known overlap, duplication, or conflict with local laws;
and
(ii) Make recommendations for any legislation that may
be necessary to eliminate or mitigate any adverse effects of
such overlap, duplication, or difference.
(5)(a) Except as provided in (b) of this subsection, this
section applies to:
(i) Significant legislative rules of the departments of
ecology, labor and industries, health, revenue, social and
health services, and natural resources, the employment
security department, the forest practices board, the office of
the insurance commissioner, and to the legislative rules of
the department of fish and wildlife implementing **chapter
75.20 RCW; and
(ii) Any rule of any agency, if this section is voluntarily
made applicable to the rule by the agency, or is made
applicable to the rule by a majority vote of the joint administrative rules review committee within forty-five days of
receiving the notice of proposed rule making under RCW
34.05.320.
(b) This section does not apply to:
(i) Emergency rules adopted under RCW 34.05.350;
(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment
party;
(iii) Rules adopting or incorporating by reference
without material change federal statutes or regulations,
Washington state statutes, rules of other Washington state
agencies, shoreline master programs other than those
programs governing shorelines of statewide significance, or,
as referenced by Washington state law, national consensus
codes that generally establish industry standards, if the
[Title 34 RCW—page 11]
34.05.328
Title 34 RCW: Administrative Law
material adopted or incorporated regulates the same subject
matter and conduct as the adopting or incorporating rule;
(iv) Rules that only correct typographical errors, make
address or name changes, or clarify language of a rule
without changing its effect;
(v) Rules the content of which is explicitly and specifically dictated by statute;
(vi) Rules that set or adjust fees or rates pursuant to
legislative standards; or
(vii) Rules of the department of social and health
services relating only to client medical or financial eligibility
and rules concerning liability for care of dependents.
(c) For purposes of this subsection:
(i) A "procedural rule" is a rule that adopts, amends, or
repeals (A) any procedure, practice, or requirement relating
to any agency hearings; (B) any filing or related process
requirement for making application to an agency for a
license or permit; or (C) any policy statement pertaining to
the consistent internal operations of an agency.
(ii) An "interpretive rule" is a rule, the violation of
which does not subject a person to a penalty or sanction, that
sets forth the agency s interpretation of statutory provisions
it administers.
(iii) A "significant legislative rule" is a rule other than
a procedural or interpretive rule that (A) adopts substantive
provisions of law pursuant to delegated legislative authority,
the violation of which subjects a violator of such rule to a
penalty or sanction; (B) establishes, alters, or revokes any
qualification or standard for the issuance, suspension, or
revocation of a license or permit; or (C) adopts a new, or
makes significant amendments to, a policy or regulatory
program.
(d) In the notice of proposed rule making under RCW
34.05.320, an agency shall state whether this section applies
to the proposed rule pursuant to (a)(i) of this subsection, or
if the agency will apply this section voluntarily.
(6) By January 31, 1996, and by January 31st of each
even-numbered year thereafter, the office of financial
management, after consulting with state agencies, counties,
and cities, and business, labor, and environmental organizations, shall report to the governor and the legislature regarding the effects of this section on the regulatory system in this
state. The report shall document:
(a) The rules proposed to which this section applied and
to the extent possible, how compliance with this section
affected the substance of the rule, if any, that the agency
ultimately adopted;
(b) The costs incurred by state agencies in complying
with this section;
(c) Any legal action maintained based upon the alleged
failure of any agency to comply with this section, the costs
to the state of such action, and the result;
(d) The extent to which this section has adversely
affected the capacity of agencies to fulfill their legislatively
prescribed mission;
(e) The extent to which this section has improved the
acceptability of state rules to those regulated; and
(f) Any other information considered by the office of
financial management to be useful in evaluating the effect of
this section. [1997 c 430 § 1; 1995 c 403 § 201.]
Reviser’s note: *(1) The business assistance center and its powers
and duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
[Title 34 RCW—page 12]
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
**(2) Chapter 75.20 RCW was recodified as chapter 77.55 RCW by
2000 c 107. See Comparative Table for that chapter in the Table of
Disposition of Former RCW Sections, Volume 0.
Findings—Short title—Intent—1995 c 403: "(1) The legislature
finds that:
(a) One of its fundamental responsibilities, to the benefit of all the
citizens of the state, is the protection of public health and safety, including
health and safety in the workplace, and the preservation of the extraordinary
natural environment with which Washington is endowed;
(b) Essential to this mission is the delegation of authority to state
agencies to implement the policies established by the legislature; and that
the adoption of administrative rules by these agencies helps assure that these
policies are clearly understood, fairly applied, and uniformly enforced;
(c) Despite its importance, Washington’s regulatory system must not
impose excessive, unreasonable, or unnecessary obligations; to do so serves
only to discredit government, makes enforcement of essential regulations
more difficult, and detrimentally affects the economy of the state and the
well-being of our citizens.
(2) The legislature therefore enacts chapter 403, Laws of 1995, to be
known as the regulatory reform act of 1995, to ensure that the citizens and
environment of this state receive the highest level of protection, in an
effective and efficient manner, without stifling legitimate activities and
responsible economic growth. To that end, it is the intent of the legislature,
in the adoption of chapter 403, Laws of 1995, that:
(a) Unless otherwise authorized, substantial policy decisions affecting
the public be made by those directly accountable to the public, namely the
legislature, and that state agencies not use their administrative authority to
create or amend regulatory programs;
(b) When an agency is authorized to adopt rules imposing obligations
on the public, that it do so responsibly: The rules it adopts should be
justified and reasonable, with the agency having determined, based on
common sense criteria established by the legislature, that the obligations
imposed are truly in the public interest;
(c) Governments at all levels better coordinate their regulatory efforts
to avoid confusing and frustrating the public with overlapping or contradictory requirements;
(d) The public respect the process whereby administrative rules are
adopted, whether or not they agree with the result: Members of the public
affected by administrative rules must have the opportunity for a meaningful
role in their development; the bases for agency action must be legitimate
and clearly articulated;
(e) Members of the public have adequate opportunity to challenge
administrative rules with which they have legitimate concerns through
meaningful review of the rule by the executive, the legislature, and the
judiciary. While it is the intent of the legislature that upon judicial review
of a rule, a court should not substitute its judgment for that of an administrative agency, the court should determine whether the agency decision
making was rigorous and deliberative; whether the agency reached its result
through a process of reason; and whether the agency took a hard look at the
rule before its adoption;
(f) In order to achieve greater compliance with administrative rules at
less cost, that a cooperative partnership exist between agencies and regulated
parties that emphasizes education and assistance before the imposition of
penalties; and
(g) Workplace safety and health in this state not be diminished,
whether provided by constitution, by statute, or by rule." [1995 c 403 § 1.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801:
"Sections 201, 301 through 305, 401 through 405, and 801 of this act shall
apply to all rule making for which a statement of proposed rule making
under RCW 34.05.320 is filed after July 23, 1995." [1995 c 403 § 1102.]
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Expedited adoption: RCW 34.05.353.
34.05.330 Petition for adoption, amendment,
repeal—Agency action—Appeal. (1) Any person may
petition an agency requesting the adoption, amendment, or
repeal of any rule. The office of financial management shall
prescribe by rule the format for such petitions and the
procedure for their submission, consideration, and disposition
and provide a standard form that may be used to petition any
(2002 Ed.)
Administrative Procedure Act
agency. Within sixty days after submission of a petition, the
agency shall either (a) deny the petition in writing, stating (i)
its reasons for the denial, specifically addressing the concerns raised by the petitioner, and, where appropriate, (ii) the
alternative means by which it will address the concerns
raised by the petitioner, or (b) initiate rule-making proceedings in accordance with RCW 34.05.320.
(2) If an agency denies a petition to repeal or amend a
rule submitted under subsection (1) of this section, and the
petition alleges that the rule is not within the intent of the
legislature or was not adopted in accordance with all
applicable provisions of law, the person may petition for
review of the rule by the joint administrative rules review
committee under RCW 34.05.655.
(3) If an agency denies a petition to repeal or amend a
rule submitted under subsection (1) of this section, the
petitioner, within thirty days of the denial, may appeal the
denial to the governor. The governor shall immediately file
notice of the appeal with the code reviser for publication in
the Washington state register. Within forty-five days after
receiving the appeal, the governor shall either (a) deny the
petition in writing, stating (i) his or her reasons for the
denial, specifically addressing the concerns raised by the
petitioner, and, (ii) where appropriate, the alternative means
by which he or she will address the concerns raised by the
petitioner; (b) for agencies listed in RCW 43.17.010, direct
the agency to initiate rule-making proceedings in accordance
with this chapter; or (c) for agencies not listed in RCW
43.17.010, recommend that the agency initiate rule-making
proceedings in accordance with this chapter. The governor’s
response to the appeal shall be published in the Washington
state register and copies shall be submitted to the chief clerk
of the house of representatives and the secretary of the
senate.
(4) In petitioning for repeal or amendment of a rule
under this section, a person is encouraged to address, among
other concerns:
(a) Whether the rule is authorized;
(b) Whether the rule is needed;
(c) Whether the rule conflicts with or duplicates other
federal, state, or local laws;
(d) Whether alternatives to the rule exist that will serve
the same purpose at less cost;
(e) Whether the rule applies differently to public and
private entities;
(f) Whether the rule serves the purposes for which it
was adopted;
(g) Whether the costs imposed by the rule are unreasonable;
(h) Whether the rule is clearly and simply stated;
(i) Whether the rule is different than a federal law
applicable to the same activity or subject matter without
adequate justification; and
(j) Whether the rule was adopted according to all
applicable provisions of law.
(5) The department of community, trade, and economic
development and the office of financial management shall
coordinate efforts among agencies to inform the public about
the existence of this rules review process.
(6) The office of financial management shall initiate the
rule making required by subsection (1) of this section by
September 1, 1995. [1998 c 280 § 5; 1996 c 318 § 1; 1995
(2002 Ed.)
34.05.330
c 403 § 703; 1988 c 288 § 305; 1967 c 237 § 5; 1959 c 234
§ 6. Formerly RCW 34.04.060.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.335 Withdrawal of proposal—Time and
manner of adoption. (1) A proposed rule may be withdrawn by the proposing agency at any time before adoption.
A withdrawn rule may not be adopted unless it is again
proposed in accordance with RCW 34.05.320.
(2) Before adopting a rule, an agency shall consider the
written and oral submissions, or any memorandum summarizing oral submissions.
(3) Rules not adopted and filed with the code reviser
within one hundred eighty days after publication of the text
as last proposed in the register shall be regarded as withdrawn. An agency may not thereafter adopt the proposed
rule without refiling it in accordance with RCW 34.05.320.
The code reviser shall give notice of the withdrawal in the
register.
(4) An agency may not adopt a rule before the time
established in the published notice, or such later time
established on the record or by publication in the state register. [1989 c 175 § 8; 1988 c 288 § 306; 1980 c 186 § 11.
Formerly RCW 34.04.048.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1980 c 186: See note following RCW 34.05.320.
34.05.340 Variance between proposed and final
rule. (1) Unless it complies with subsection (3) of this
section, an agency may not adopt a rule that is substantially
different from the rule proposed in the published notice of
proposed rule adoption or a supplemental notice in the
proceeding. If an agency contemplates making a substantial
variance from a proposed rule described in a published
notice, it may file a supplemental notice with the code
reviser meeting the requirements of RCW 34.05.320 and
reopen the proceedings for public comment on the proposed
variance, or the agency may withdraw the proposed rule and
commence a new rule-making proceeding to adopt a substantially different rule. If a new rule-making proceeding is
commenced, relevant public comment received regarding the
initial proposed rule shall be considered in the new proceeding.
(2) The following factors shall be considered in determining whether an adopted rule is substantially different
from the proposed rule on which it is based:
(a) The extent to which a reasonable person affected by
the adopted rule would have understood that the published
proposed rule would affect his or her interests;
(b) The extent to which the subject of the adopted rule
or the issues determined in it are substantially different from
the subject or issues involved in the published proposed rule;
and
(c) The extent to which the effects of the adopted rule
differ from the effects of the published proposed rule.
(3) If the agency, without filing a supplemental notice
under subsection (1) of this section, adopts a rule that varies
in content from the proposed rule, the general subject matter
[Title 34 RCW—page 13]
34.05.340
Title 34 RCW: Administrative Law
of the adopted rule must remain the same as the proposed
rule. The agency shall briefly describe any changes, other
than editing changes, and the principal reasons for adopting
the changes. The brief description shall be filed with the
code reviser together with the order of adoption for publication in the state register. Within sixty days of publication of
the adopted rule in the state register, any interested person
may petition the agency to amend any portion of the adopted
rule that is substantially different from the proposed rule.
The petition shall briefly demonstrate how the adopted rule
is substantially different from the proposed rule and shall
contain the text of the petitioner’s proposed amendment. For
purposes of the petition, an adopted rule is substantially
different if the issues determined in the adopted rule differ
from the issues determined in the proposed rule or the anticipated effects of the adopted rule differ from those of the
proposed rule. If the petition meets the requirements of this
subsection and RCW 34.05.330, the agency shall initiate
rule-making proceedings upon the proposed amendments
within the time provided in RCW 34.05.330. [1989 c 175 §
9; 1988 c 288 § 307.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.345 Failure to give twenty days notice of
intended action—Effect. Except for emergency rules
adopted under RCW 34.05.350, when twenty days notice of
intended action to adopt, amend, or repeal a rule has not
been published in the state register, as required by RCW
34.05.320, the code reviser shall not publish such rule and
such rule shall not be effective for any purpose. [1988 c
288 § 308; 1967 c 237 § 4. Formerly RCW 34.04.027.]
34.05.350 Emergency rules and amendments. (1) If
an agency for good cause finds:
(a) That immediate adoption, amendment, or repeal of
a rule is necessary for the preservation of the public health,
safety, or general welfare, and that observing the time
requirements of notice and opportunity to comment upon
adoption of a permanent rule would be contrary to the public
interest; or
(b) That state or federal law or federal rule or a federal
deadline for state receipt of federal funds requires immediate
adoption of a rule,
the agency may dispense with those requirements and adopt,
amend, or repeal the rule on an emergency basis. The
agency’s finding and a concise statement of the reasons for
its finding shall be incorporated in the order for adoption of
the emergency rule or amendment filed with the office of the
code reviser under RCW 34.05.380 and with the rules review
committee.
(2) An emergency rule adopted under this section takes
effect upon filing with the code reviser, unless a later date
is specified in the order of adoption, and may not remain in
effect for longer than one hundred twenty days after filing.
Identical or substantially similar emergency rules may not be
adopted in sequence unless conditions have changed or the
agency has filed notice of its intent to adopt the rule as a
permanent rule, and is actively undertaking the appropriate
procedures to adopt the rule as a permanent rule. This
section does not relieve any agency from compliance with
[Title 34 RCW—page 14]
any law requiring that its permanent rules be approved by
designated persons or bodies before they become effective.
(3) Within seven days after the rule is adopted, any
person may petition the governor requesting the immediate
repeal of a rule adopted on an emergency basis by any
department listed in RCW 43.17.010. Within seven days
after submission of the petition, the governor shall either
deny the petition in writing, stating his or her reasons for the
denial, or order the immediate repeal of the rule. In ruling
on the petition, the governor shall consider only whether the
conditions in subsection (1) of this section were met such
that adoption of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency
rule, any sanction imposed based on that rule is void. This
subsection shall not be construed to prohibit adoption of any
rule as a permanent rule.
(4) In adopting an emergency rule, the agency shall
comply with *section 4 of this act or provide a written
explanation for its failure to do so. [1994 c 249 § 3; 1989
c 175 § 10; 1988 c 288 § 309; 1981 c 324 § 4; 1977 ex.s. c
240 § 8; 1959 c 234 § 3. Formerly RCW 34.04.030.]
*Reviser’s note: The governor vetoed 1994 c 249 § 4.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Legislative affirmation—Severability—1981 c 324: See notes
following RCW 34.05.010.
Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
34.05.353 Expedited rule making. (1) An agency
may file notice for the expedited adoption of rules in
accordance with the procedures set forth in this section for
rules meeting any one of the following criteria:
(a) The proposed rules relate only to internal governmental operations that are not subject to violation by a
person;
(b) The proposed rules adopt or incorporate by reference
without material change federal statutes or regulations,
Washington state statutes, rules of other Washington state
agencies, shoreline master programs other than those
programs governing shorelines of statewide significance, or,
as referenced by Washington state law, national consensus
codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject
matter and conduct as the adopting or incorporating rule;
(c) The proposed rules only correct typographical errors,
make address or name changes, or clarify language of a rule
without changing its effect;
(d) The content of the proposed rules is explicitly and
specifically dictated by statute;
(e) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process
that involved substantial participation by interested parties
before the development of the proposed rule; or
(f) The proposed rule is being amended after a review
under RCW 34.05.328.
(2) An agency may file notice for the expedited repeal
of rules under the procedures set forth in this section for
rules meeting any one of the following criteria:
(2002 Ed.)
Administrative Procedure Act
(a) The statute on which the rule is based has been
repealed and has not been replaced by another statute
providing statutory authority for the rule;
(b) The statute on which the rule is based has been
declared unconstitutional by a court with jurisdiction, there
is a final judgment, and no statute has been enacted to
replace the unconstitutional statute;
(c) The rule is no longer necessary because of changed
circumstances; or
(d) Other rules of the agency or of another agency
govern the same activity as the rule, making the rule
redundant.
(3) The expedited rule-making process must follow the
requirements for rule making set forth in RCW 34.05.320,
except that the agency is not required to prepare a small
business economic impact statement under RCW 19.85.025,
a statement indicating whether the rule constitutes a significant legislative rule under RCW 34.05.328(5)(c)(iii), or a
significant legislative rule analysis under RCW 34.05.328.
An agency is not required to prepare statements of inquiry
under RCW 34.05.310 or conduct a hearing for the expedited
rule making. The notice for the expedited rule making must
contain a statement in at least ten-point type, that is substantially in the following form:
NOTICE
THIS RULE IS BEING PROPOSED UNDER
AN EXPEDITED RULE-MAKING PROCESS
THAT WILL ELIMINATE THE NEED FOR THE
AGENCY TO HOLD PUBLIC HEARINGS,
PREPARE A SMALL BUSINESS ECONOMIC
IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT
TO THIS USE OF THE EXPEDITED RULEMAKING PROCESS, YOU MUST EXPRESS
YOUR OBJECTIONS IN WRITING AND THEY
MUST BE SENT TO (INSERT NAME AND
ADDRESS) AND RECEIVED BY (INSERT
DATE).
(4) The agency shall send a copy of the notice of the
proposed expedited rule making to any person who has
requested notification of proposals for expedited rule making
or of regular agency rule making, as well as the joint
administrative rules review committee, within three days
after its publication in the Washington State Register. An
agency may charge for the actual cost of providing a
requesting party mailed copies of these notices. The notice
of the proposed expedited rule making must be preceded by
a statement substantially in the form provided in subsection
(3) of this section. The notice must also include an explanation of the reasons the agency believes the expedited rulemaking process is appropriate.
(5) The code reviser shall publish the text of all rules
proposed for expedited adoption, and the citation and caption
of all rules proposed for expedited repeal, along with the
notice required in this section in a separate section of the
Washington State Register. Once the notice of expedited
rule making has been published in the Washington State
Register, the only changes that an agency may make in the
(2002 Ed.)
34.05.353
noticed materials before their final adoption or repeal are to
correct typographical errors.
(6) Any person may file a written objection to the
expedited rule making. The objection must be filed with the
agency rules coordinator within forty-five days after the
notice of the proposed expedited rule making has been
published in the Washington State Register. A person who
has filed a written objection to the expedited rule making
may withdraw the objection.
(7) If no written objections to the expedited rule making
are filed with the agency within forty-five days after the
notice of proposed expedited rule making is published, or if
all objections that have been filed are withdrawn by the
persons filing the objections, the agency may enter an order
adopting or repealing the rule without further notice or a
public hearing. The order must be published in the manner
required by this chapter for any other agency order adopting,
amending, or repealing a rule.
(8) If a written notice of objection to the expedited rule
making is timely filed with the agency and is not withdrawn,
the notice of proposed expedited rule making published
under this section is considered a statement of inquiry for the
purposes of RCW 34.05.310, and the agency may initiate
further rule-making proceedings in accordance with this
chapter.
(9) As used in this section, "expedited rule making"
includes both the expedited adoption of rules and the
expedited repeal of rules. [2001 c 25 § 2.]
34.05.360 Order adopting rule, contents. The order
of adoption by which each rule is adopted by an agency
shall contain all of the following:
(1) The date the agency adopted the rule;
(2) A concise statement of the purpose of the rule;
(3) A reference to all rules repealed, amended, or
suspended by the rule;
(4) A reference to the specific statutory or other
authority authorizing adoption of the rule;
(5) Any findings required by any provision of law as a
precondition to adoption or effectiveness of the rule; and
(6) The effective date of the rule if other than that
specified in RCW 34.05.380(2). [1988 c 288 § 311.]
34.05.365 Incorporation by reference. An agency
may incorporate by reference and without publishing the
incorporated matter in full, all or any part of a code, standard, rule, or regulation that has been adopted by an agency
of the United States, of this state, or of another state, by a
political subdivision of this state, or by a generally recognized organization or association if incorporation of the full
text in the agency rules would be unduly cumbersome,
expensive, or otherwise inexpedient. The reference in
agency rules shall fully identify the incorporated matter. An
agency may incorporate by reference such matter in its rules
only if the agency, organization, or association originally
issuing that matter makes copies readily available to the
public. The incorporating agency shall have, maintain, and
make available for public inspection a copy of the incorporated matter. The rule must state where copies of the
incorporated matter are available. [1988 c 288 § 312.]
[Title 34 RCW—page 15]
34.05.370
Title 34 RCW: Administrative Law
34.05.370 Rule-making file. (1) Each agency shall
maintain an official rule-making file for each rule that it (a)
proposes by publication in the state register, or (b) adopts.
The file and materials incorporated by reference shall be
available for public inspection.
(2) The agency rule-making file shall contain all of the
following:
(a) A list of citations to all notices in the state register
with respect to the rule or the proceeding upon which the
rule is based;
(b) Copies of any portions of the agency’s public rulemaking docket containing entries relating to the rule or the
proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and
comments received by the agency and all other written
material regarded by the agency as important to adoption of
the rule or the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in
the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them,
and any memorandum prepared by a presiding official
summarizing the contents of those presentations;
(e) All petitions for exceptions to, amendment of, or
repeal or suspension of, the rule;
(f) Citations to data, factual information, studies, or
reports on which the agency relies in the adoption of the
rule, indicating where such data, factual information, studies,
or reports are available for review by the public, but this
subsection (2)(f) does not require the agency to include in
the rule-making file any data, factual information, studies, or
reports gathered pursuant to chapter 19.85 RCW or RCW
34.05.328 that can be identified to a particular business;
(g) The concise explanatory statement required by RCW
34.05.325(6); and
(h) Any other material placed in the file by the agency.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this
section to the extent they constitute preliminary drafts, notes,
recommendations, and intra-agency memoranda in which
opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from
inclusion when it is publicly cited by an agency in connection with its decision.
(4) Upon judicial review, the file required by this
section constitutes the official agency rule-making file with
respect to that rule. Unless otherwise required by another
provision of law, the official agency rule-making file need
not be the exclusive basis for agency action on that rule.
[1998 c 280 § 7; 1996 c 102 § 2; 1995 c 403 § 801; 1994 c
249 § 2; 1988 c 288 § 313.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
34.05.375 Substantial compliance with procedures.
No rule proposed after July 1, 1989, is valid unless it is
adopted in substantial compliance with RCW 34.05.310
[Title 34 RCW—page 16]
through 34.05.395. Inadvertent failure to mail notice of a
proposed rule adoption to any person as required by RCW
34.05.320(3) does not invalidate a rule. No action based
upon this section may be maintained to contest the validity
of any rule unless it is commenced within two years after the
effective date of the rule. [1988 c 288 § 314.]
34.05.380 Filing with code reviser—Register—
Effective dates. (1) Each agency shall file in the office of
the code reviser a certified copy of all rules it adopts, except
for rules contained in tariffs filed with or published by the
Washington utilities and transportation commission. The
code reviser shall place upon each rule a notation of the time
and date of filing and shall keep a permanent register of
filed rules open to public inspection. In filing a rule, each
agency shall use the standard form prescribed for this
purpose by the code reviser.
(2) Emergency rules adopted under RCW 34.05.350
become effective upon filing unless a later date is specified
in the order of adoption. All other rules become effective
upon the expiration of thirty days after the date of filing,
unless a later date is required by statute or specified in the
order of adoption.
(3) A rule may become effective immediately upon its
filing with the code reviser or on any subsequent date earlier
than that established by subsection (2) of this section, if the
agency establishes that effective date in the adopting order
and finds that:
(a) Such action is required by the state or federal
Constitution, a statute, or court order;
(b) The rule only delays the effective date of another
rule that is not yet effective; or
(c) The earlier effective date is necessary because of
imminent peril to the public health, safety, or welfare.
The finding and a brief statement of the reasons therefor
required by this subsection shall be made a part of the order
adopting the rule.
(4) With respect to a rule made effective pursuant to
subsection (3) of this section, each agency shall make
reasonable efforts to make the effective date known to
persons who may be affected by it. [1989 c 175 § 11; 1988
c 288 § 315; 1987 c 505 § 17; 1980 c 87 § 11; 1959 c 234
§ 4. Formerly RCW 34.04.040.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.385 Rules for rule making. The code reviser
may adopt rules for carrying out the provisions of this
chapter relating to the filing and publication of rules and
notices of intention to adopt rules, including the form and
style to be employed by the various agencies in the drafting
of such rules and notices. [1988 c 288 § 316; 1967 c 237 §
13. Formerly RCW 34.04.055.]
34.05.390 Style, format, and numbering—Agency
compliance. After the rules of an agency have been
published by the code reviser:
(1) All agency orders amending or rescinding such rules,
or creating new rules, shall be formulated in accordance with
the style, format, and numbering system of the Washington
Administrative Code;
(2002 Ed.)
Administrative Procedure Act
(2) Any subsequent printing or reprinting of such rules
shall be printed in the style and format (including the
numbering system) of such code; and
(3) Amendments of previously adopted rules shall
incorporate any editorial corrections made by the code
reviser. [1988 c 288 § 317; 1967 c 237 § 14. Formerly
RCW 34.04.057.]
34.05.395 Format and style of amendatory and new
sections—Failure to comply. (1) Rules proposed or
adopted by an agency pursuant to this chapter that amend
existing sections of the administrative code shall have the
words which are amendatory to such existing sections
underlined. Any matter to be deleted from an existing
section shall be indicated by setting such matter forth in full,
enclosed by double parentheses, and such deleted matter
shall be lined out with hyphens. A new section shall be
designated "NEW SECTION" in upper case type and such
designation shall be underlined, but the complete text of the
section shall not be underlined. No rule may be forwarded
by any agency to the code reviser, nor may the code reviser
accept for filing any rule unless the format of such rule is in
compliance with the provisions of this section.
(2) Once the rule has been formally adopted by the
agency the code reviser need not, except with regard to the
register published pursuant to RCW 34.05.210(3), include the
items enumerated in subsection (1) of this section in the
official code.
(3) Any addition to or deletion from an existing code
section not filed by the agency in the style prescribed by
subsection (1) of this section shall in all respects be ineffectual, and shall not be shown in subsequent publications or
codifications of that section unless the ineffectual portion of
the rule is clearly distinguished and an explanatory note is
appended thereto by the code reviser in accordance with
RCW 34.05.210. [1988 c 288 § 318; 1980 c 186 § 14; 1977
c 19 § 1. Formerly RCW 34.04.058.]
Severability—1980 c 186: See note following RCW 34.05.320.
PART IV
ADJUDICATIVE PROCEEDINGS
34.05.410 Application of Part IV. (1) Adjudicative
proceedings are governed by RCW 34.05.413 through
34.05.476, except as otherwise provided:
(a) By a rule that adopts the procedures for brief
adjudicative proceedings in accordance with the standards
provided in RCW 34.05.482 for those proceedings;
(b) By RCW 34.05.479 pertaining to emergency
adjudicative proceedings; or
(c) By RCW 34.05.240 pertaining to declaratory
proceedings.
(2) RCW 34.05.410 through 34.05.494 do not apply to
rule-making proceedings unless another statute expressly so
requires. [1988 c 288 § 401.]
34.05.413 Commencement—When required. (1)
Within the scope of its authority, an agency may commence
an adjudicative proceeding at any time with respect to a
matter within the agency’s jurisdiction.
(2002 Ed.)
34.05.390
(2) When required by law or constitutional right, and
upon the timely application of any person, an agency shall
commence an adjudicative proceeding.
(3) An agency may provide forms for and, by rule, may
provide procedures for filing an application for an adjudicative proceeding. An agency may require by rule that an
application be in writing and that it be filed at a specific
address, in a specified manner, and within specified time
limits. The agency shall allow at least twenty days to apply
for an adjudicative proceeding from the time notice is given
of the opportunity to file such an application.
(4) If an agency is required to hold an adjudicative
proceeding, an application for an agency to enter an order
includes an application for the agency to conduct appropriate
adjudicative proceedings, whether or not the applicant
expressly requests those proceedings.
(5) An adjudicative proceeding commences when the
agency or a presiding officer notifies a party that a
prehearing conference, hearing, or other stage of an adjudicative proceeding will be conducted. [1989 c 175 § 12; 1988
c 288 § 402.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.416 Decision not to conduct an adjudication.
If an agency decides not to conduct an adjudicative proceeding in response to an application, the agency shall furnish the
applicant a copy of its decision in writing, with a brief
statement of the agency’s reasons and of any administrative
review available to the applicant. [1988 c 288 § 403.]
34.05.419 Agency action on applications for adjudication. After receipt of an application for an adjudicative
proceeding, other than a declaratory order, an agency shall
proceed as follows:
(1) Except in situations governed by subsection (2) or
(3) of this section, within ninety days after receipt of the
application or of the response to a timely request made by
the agency under subsection (2) of this section, the agency
shall do one of the following:
(a) Approve or deny the application, in whole or in part,
on the basis of brief or emergency adjudicative proceedings,
if those proceedings are available under this chapter for
disposition of the matter;
(b) Commence an adjudicative proceeding in accordance
with this chapter; or
(c) Dispose of the application in accordance with RCW
34.05.416;
(2) Within thirty days after receipt of the application,
the agency shall examine the application, notify the applicant
of any obvious errors or omissions, request any additional
information the agency wishes to obtain and is permitted by
law to require, and notify the applicant of the name, mailing
address, and telephone number of an office that may be
contacted regarding the application;
(3) If the application seeks relief that is not available
when the application is filed but may be available in the
future, the agency may proceed to make a determination of
eligibility within the time limits provided in subsection (1)
of this section. If the agency determines that the applicant
is eligible, the agency shall maintain the application on the
agency’s list of eligible applicants as provided by law and,
[Title 34 RCW—page 17]
34.05.419
Title 34 RCW: Administrative Law
upon request, shall notify the applicant of the status of the
application. [1988 c 288 § 404.]
34.05.422 Rate changes, licenses. (1) Unless otherwise provided by law: (a) Applications for rate changes and
uncontested applications for licenses may, in the agency’s
discretion, be conducted as adjudicative proceedings; (b)
applications for licenses that are contested by a person
having standing to contest under the law and review of
denials of applications for licenses or rate changes shall be
conducted as adjudicative proceedings; and (c) an agency
may not revoke, suspend, or modify a license unless the
agency gives notice of an opportunity for an appropriate
adjudicative proceeding in accordance with this chapter or
other statute.
(2) An agency with authority to grant or deny a professional or occupational license shall notify an applicant for a
new or renewal license not later than twenty days prior to
the date of the examination required for that license of any
grounds for denial of the license which are based on specific
information disclosed in the application submitted to the
agency. The agency shall notify the applicant either that the
license is denied or that the decision to grant or deny the
license will be made at a future date. If the agency fails to
give the notification prior to the examination and the
applicant is denied licensure, the examination fee shall be refunded to the applicant. If the applicant takes the examination, the agency shall notify the applicant of the result.
(3) When a licensee has made timely and sufficient
application for the renewal of a license or a new license with
reference to any activity of a continuing nature, an existing
full, temporary, or provisional license does not expire until
the application has been finally determined by the agency,
and, in case the application is denied or the terms of the new
license limited, until the last day for seeking review of the
agency order or a later date fixed by order of the reviewing
court.
(4) If the agency finds that public health, safety, or
welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for
revocation or other action. These proceedings shall be
promptly instituted and determined. [1989 c 175 § 13; 1988
c 288 § 405; 1980 c 33 § 1; 1967 c 237 § 8. Formerly
RCW 34.04.170.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.425 Presiding officers—Disqualification,
substitution. (1) Except as provided in subsection (2) of
this section, in the discretion of the agency head, the
presiding officer in an administrative hearing shall be:
(a) The agency head or one or more members of the
agency head;
(b) If the agency has statutory authority to do so, a
person other than the agency head or an administrative law
judge designated by the agency head to make the final
decision and enter the final order; or
(c) One or more administrative law judges assigned by
the office of administrative hearings in accordance with
chapter 34.12 RCW.
[Title 34 RCW—page 18]
(2) An agency expressly exempted under RCW
34.12.020(4) or other statute from the provisions of chapter
34.12 RCW or an institution of higher education shall
designate a presiding officer as provided by rules adopted by
the agency.
(3) Any individual serving or designated to serve alone
or with others as presiding officer is subject to disqualification for bias, prejudice, interest, or any other cause provided
in this chapter or for which a judge is disqualified.
(4) Any party may petition for the disqualification of an
individual promptly after receipt of notice indicating that the
individual will preside or, if later, promptly upon discovering
facts establishing grounds for disqualification.
(5) The individual whose disqualification is requested
shall determine whether to grant the petition, stating facts
and reasons for the determination.
(6) When the presiding officer is an administrative law
judge, the provisions of this section regarding disqualification for cause are in addition to the motion of prejudice
available under RCW 34.12.050.
(7) If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other
reason, the substitute must be appointed by the appropriate
appointing authority.
(8) Any action taken by a duly appointed substitute for
an unavailable individual is as effective as if taken by the
unavailable individual. [1989 c 175 § 14; 1988 c 288 §
406.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.428 Representation. (1) A party to an adjudicative proceeding may participate personally or, if the party
is a corporation or other artificial person, by a duly authorized representative.
(2) Whether or not participating in person, any party
may be advised and represented at the party’s own expense
by counsel or, if permitted by provision of law, other
representative. [1989 c 175 § 15; 1988 c 288 § 407.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.431 Conference—Procedure and participation. (1) Agencies may hold prehearing or other conferences
for the settlement or simplification of issues. Every agency
shall by rule describe the conditions under which and the
manner in which conferences are to be held.
(2) In the discretion of the presiding officer, and where
the rights of the parties will not be prejudiced thereby, all or
part of the conference may be conducted by telephone,
television, or other electronic means. Each participant in the
conference must have an opportunity to participate effectively in, to hear, and, if technically and economically
feasible, to see the entire proceeding while it is taking place.
[1988 c 288 § 408.]
34.05.434 Notice of hearing. (1) The agency or the
office of administrative hearings shall set the time and place
of the hearing and give not less than seven days advance
written notice to all parties and to all persons who have filed
written petitions to intervene in the matter.
(2) The notice shall include:
(2002 Ed.)
Administrative Procedure Act
(a) Unless otherwise ordered by the presiding officer,
the names and mailing addresses of all parties to whom
notice is being given and, if known, the names and addresses
of their representatives;
(b) If the agency intends to appear, the mailing address
and telephone number of the office designated to represent
the agency in the proceeding;
(c) The official file or other reference number and the
name of the proceeding;
(d) The name, official title, mailing address, and
telephone number of the presiding officer, if known;
(e) A statement of the time, place and nature of the
proceeding;
(f) A statement of the legal authority and jurisdiction
under which the hearing is to be held;
(g) A reference to the particular sections of the statutes
and rules involved;
(h) A short and plain statement of the matters asserted
by the agency; and
(i) A statement that a party who fails to attend or
participate in a hearing or other stage of an adjudicative
proceeding may be held in default in accordance with this
chapter.
(3) If the agency is unable to state the matters required
by subsection (2)(h) of this section at the time the notice is
served, the initial notice may be limited to a statement of the
issues involved. If the proceeding is initiated by a person
other than the agency, the initial notice may be limited to the
inclusion of a copy of the initiating document. Thereafter,
upon request, a more definite and detailed statement shall be
furnished.
(4) The notice may include any other matters considered
desirable by the agency. [1988 c 288 § 409; 1980 c 31 § 1;
1967 c 237 § 9; 1959 c 234 § 9. Formerly RCW
34.04.090.]
34.05.437 Pleadings, briefs, motions, service. (1)
The presiding officer, at appropriate stages of the proceedings, shall give all parties full opportunity to submit and
respond to pleadings, motions, objections, and offers of
settlement.
(2) At appropriate stages of the proceedings, the
presiding officer may give all parties full opportunity to file
briefs, proposed findings of fact and conclusions of law, and
proposed initial or final orders.
(3) A party that files a pleading, brief, or other paper
with the agency or presiding officer shall serve copies on all
other parties, unless a different procedure is specified by
agency rule. [1988 c 288 § 410.]
34.05.440 Default. (1) Failure of a party to file an
application for an adjudicative proceeding within the time
limit or limits established by statute or agency rule constitutes a default and results in the loss of that party’s right to
an adjudicative proceeding, and the agency may proceed to
resolve the case without further notice to, or hearing for the
benefit of, that party, except that any default or other
dispositive order affecting that party shall be served upon
him or her or upon his or her attorney, if any.
(2) If a party fails to attend or participate in a hearing
or other stage of an adjudicative proceeding, other than
(2002 Ed.)
34.05.434
failing to timely request an adjudicative proceeding as set
out in subsection (1) of this section, the presiding officer
may serve upon all parties a default or other dispositive
order, which shall include a statement of the grounds for the
order.
(3) Within seven days after service of a default order
under subsection (2) of this section, or such longer period as
provided by agency rule, the party against whom it was
entered may file a written motion requesting that the order
be vacated, and stating the grounds relied upon. During the
time within which a party may file a written motion under
this subsection, the presiding officer may adjourn the
proceedings or conduct them without the participation of that
party, having due regard for the interests of justice and the
orderly and prompt conduct of the proceedings. [1989 c 175
§ 16; 1988 c 288 § 411.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.443 Intervention. (1) The presiding officer
may grant a petition for intervention at any time, upon
determining that the petitioner qualifies as an intervenor
under any provision of law and that the intervention sought
is in the interests of justice and will not impair the orderly
and prompt conduct of the proceedings.
(2) If a petitioner qualifies for intervention, the presiding
officer may impose conditions upon the intervenor’s participation in the proceedings, either at the time that intervention
is granted or at any subsequent time. Conditions may
include:
(a) Limiting the intervenor’s participation to designated
issues in which the intervenor has a particular interest
demonstrated by the petition; and
(b) Limiting the intervenor’s use of discovery, crossexamination, and other procedures so as to promote the
orderly and prompt conduct of the proceedings; and
(c) Requiring two or more intervenors to combine their
presentations of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
(3) The presiding officer shall timely grant or deny each
pending petition for intervention, specifying any conditions,
and briefly stating the reasons for the order. The presiding
officer may modify the order at any time, stating the reasons
for the modification. The presiding officer shall promptly
give notice of the decision granting, denying, or modifying
intervention to the petitioner for intervention and to all parties. [1988 c 288 § 412.]
34.05.446 Subpoenas, discovery, and protective
orders. (1) The presiding officer may issue subpoenas and
may enter protective orders. A subpoena may be issued with
like effect by the agency or the attorney of record in whose
behalf the witness is required to appear.
(2) An agency may by rule determine whether or not
discovery is to be available in adjudicative proceedings and,
if so, which forms of discovery may be used.
(3) Except as otherwise provided by agency rules, the
presiding officer may decide whether to permit the taking of
depositions, the requesting of admissions, and all other
procedures authorized by rules 26 through 36 of the superior
court civil rules. The presiding officer may condition use of
discovery on a showing of necessity and unavailability by
[Title 34 RCW—page 19]
34.05.446
Title 34 RCW: Administrative Law
other means. In exercising such discretion, the presiding
officer shall consider: (a) Whether all parties are represented
by counsel; (b) whether undue expense or delay in bringing
the case to hearing will result; (c) whether the discovery will
promote the orderly and prompt conduct of the proceeding;
and (d) whether the interests of justice will be promoted.
(4) Discovery orders and protective orders entered under
this section may be enforced under the provisions of this
chapter on civil enforcement of agency action.
(5) Subpoenas issued under this section may be enforced
under RCW 34.05.588(1).
(6) The subpoena powers created by this section shall be
statewide in effect.
(7) Witnesses in an adjudicatory proceeding shall be
paid the same fees and allowances, in the same manner and
under the same conditions, as provided for witnesses in the
courts of this state by chapter 2.40 RCW and by RCW
5.56.010, except that the agency shall have the power to fix
the allowance for meals and lodging in like manner as is
provided in RCW 5.56.010 as to courts. The person
initiating an adjudicative proceeding or the party requesting
issuance of a subpoena shall pay the fees and allowances and
the cost of producing records required to be produced by
subpoena. [1989 c 175 § 17; 1988 c 288 § 413; 1967 c 237
§ 10. Formerly RCW 34.04.105.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.449 Procedure at hearing. (1) The presiding
officer shall regulate the course of the proceedings, in
conformity with applicable rules and the prehearing order, if
any.
(2) To the extent necessary for full disclosure of all
relevant facts and issues, the presiding officer shall afford to
all parties the opportunity to respond, present evidence and
argument, conduct cross-examination, and submit rebuttal
evidence, except as restricted by a limited grant of intervention or by the prehearing order.
(3) In the discretion of the presiding officer, and where
the rights of the parties will not be prejudiced thereby, all or
part of the hearing may be conducted by telephone, television, or other electronic means. Each party in the hearing
must have an opportunity to participate effectively in, to
hear, and, if technically and economically feasible, to see the
entire proceeding while it is taking place.
(4) The presiding officer shall cause the hearing to be
recorded by a method chosen by the agency. The agency is
not required, at its expense, to prepare a transcript, unless
required to do so by a provision of law. Any party, at the
party’s expense, may cause a reporter approved by the
agency to prepare a transcript from the agency’s record, or
cause additional recordings to be made during the hearing if
the making of the additional recording does not cause
distraction or disruption.
(5) The hearing is open to public observation, except for
the parts that the presiding officer states to be closed under
a provision of law expressly authorizing closure or under a
protective order entered by the presiding officer pursuant to
applicable rules. A presiding officer may order the exclusion of witnesses upon a showing of good cause. To the
extent that the hearing is conducted by telephone, television,
or other electronic means, and is not closed, the availability
[Title 34 RCW—page 20]
of public observation is satisfied by giving members of the
public an opportunity, at reasonable times, to hear or inspect
the agency’s record, and to inspect any transcript obtained by
the agency. [1989 c 175 § 18; 1988 c 288 § 414.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.452 Rules of evidence—Cross-examination.
(1) Evidence, including hearsay evidence, is admissible if in
the judgment of the presiding officer it is the kind of
evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The presiding
officer shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary
privilege recognized in the courts of this state. The presiding officer may exclude evidence that is irrelevant, immaterial, or unduly repetitious.
(2) If not inconsistent with subsection (1) of this section,
the presiding officer shall refer to the Washington Rules of
Evidence as guidelines for evidentiary rulings.
(3) All testimony of parties and witnesses shall be made
under oath or affirmation.
(4) Documentary evidence may be received in the form
of copies or excerpts, or by incorporation by reference.
(5) Official notice may be taken of (a) any judicially
cognizable facts, (b) technical or scientific facts within the
agency’s specialized knowledge, and (c) codes or standards
that have been adopted by an agency of the United States, of
this state or of another state, or by a nationally recognized
organization or association. Parties shall be notified either
before or during hearing, or by reference in preliminary
reports or otherwise, of the material so noticed and the
sources thereof, including any staff memoranda and data, and
they shall be afforded an opportunity to contest the facts and
material so noticed. A party proposing that official notice be
taken may be required to produce a copy of the material to
be noticed. [1988 c 288 § 415; 1959 c 234 § 10. Formerly
RCW 34.04.100.]
34.05.455 Ex parte communications. (1) A presiding
officer may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications
necessary to procedural aspects of maintaining an orderly
process, with any person employed by the agency without
notice and opportunity for all parties to participate, except as
provided in this subsection:
(a) Where the ultimate legal authority of an agency is
vested in a multimember body, and where that body presides
at an adjudication, members of the body may communicate
with one another regarding the proceeding;
(b) Any presiding officer may receive aid from legal
counsel, or from staff assistants who are subject to the
presiding officer’s supervision; and
(c) Presiding officers may communicate with other
employees or consultants of the agency who have not
participated in the proceeding in any manner, and who are
not engaged in any investigative or prosecutorial functions
in the same or a factually related case.
(d) This subsection does not apply to communications
required for the disposition of ex parte matters specifically
authorized by statute.
(2002 Ed.)
Administrative Procedure Act
(2) Unless required for the disposition of ex parte
matters specifically authorized by statute or unless necessary
to procedural aspects of maintaining an orderly process, a
presiding officer may not communicate, directly or indirectly, regarding any issue in the proceeding, with any
person not employed by the agency who has a direct or
indirect interest in the outcome of the proceeding, without
notice and opportunity for all parties to participate.
(3) Unless necessary to procedural aspects of maintaining an orderly process, persons to whom a presiding officer
may not communicate under subsections (1) and (2) of this
section may not communicate with presiding officers without
notice and opportunity for all parties to participate.
(4) If, before serving as presiding officer in an adjudicative proceeding, a person receives an ex parte communication of a type that could not properly be received while
serving, the person, promptly after starting to serve, shall
disclose the communication in the manner prescribed in
subsection (5) of this section.
(5) A presiding officer who receives an ex parte
communication in violation of this section shall place on the
record of the pending matter all written communications
received, all written responses to the communications, and a
memorandum stating the substance of all oral communications received, all responses made, and the identity of each
person from whom the presiding officer received an ex parte
communication. The presiding officer shall advise all parties
that these matters have been placed on the record. Upon
request made within ten days after notice of the ex parte
communication, any party desiring to rebut the communication shall be allowed to place a written rebuttal statement on
the record. Portions of the record pertaining to ex parte
communications or rebuttal statements do not constitute
evidence of any fact at issue in the matter unless a party
moves the admission of any portion of the record for
purposes of establishing a fact at issue and that portion is
admitted pursuant to RCW 34.05.452.
(6) If necessary to eliminate the effect of an ex parte
communication received in violation of this section, a
presiding officer who receives the communication may be
disqualified, and the portions of the record pertaining to the
communication may be sealed by protective order.
(7) The agency shall, and any party may, report any
violation of this section to appropriate authorities for any
disciplinary proceedings provided by law. In addition, each
agency by rule may provide for appropriate sanctions,
including default, for any violations of this section. [1988
c 288 § 416.]
34.05.458 Separation of functions. (1) A person who
has served as investigator, prosecutor, or advocate in an
adjudicative proceeding or in its preadjudicative stage, or one
who is subject to the authority, direction, or discretion of
such a person, may not serve as a presiding officer in the
same proceeding.
(2) A person, including an agency head, who has
participated in a determination of probable cause or other
equivalent preliminary determination in an adjudicative
proceeding may serve as presiding officer or assist or advise
a presiding officer in the same proceeding unless a party
(2002 Ed.)
34.05.455
demonstrates grounds for disqualification in accordance with
RCW 34.05.425.
(3) A person may serve as presiding officer at successive stages of the same adjudicative proceeding unless a
party demonstrates grounds for disqualification in accordance
with RCW 34.05.425. [1988 c 288 § 417.]
34.05.461 Entry of orders. (1) Except as provided in
subsection (2) of this section:
(a) If the presiding officer is the agency head or one or
more members of the agency head, the presiding officer may
enter an initial order if further review is available within the
agency, or a final order if further review is not available;
(b) If the presiding officer is a person designated by the
agency to make the final decision and enter the final order,
the presiding officer shall enter a final order; and
(c) If the presiding officer is one or more administrative
law judges, the presiding officer shall enter an initial order.
(2) With respect to agencies exempt from chapter 34.12
RCW or an institution of higher education, the presiding
officer shall transmit a full and complete record of the
proceedings, including such comments upon demeanor of
witnesses as the presiding officer deems relevant, to each
agency official who is to enter a final or initial order after
considering the record and evidence so transmitted.
(3) Initial and final orders shall include a statement of
findings and conclusions, and the reasons and basis therefor,
on all the material issues of fact, law, or discretion presented
on the record, including the remedy or sanction and, if
applicable, the action taken on a petition for a stay of
effectiveness. Any findings based substantially on credibility
of evidence or demeanor of witnesses shall be so identified.
Findings set forth in language that is essentially a repetition
or paraphrase of the relevant provision of law shall be
accompanied by a concise and explicit statement of the
underlying evidence of record to support the findings. The
order shall also include a statement of the available procedures and time limits for seeking reconsideration or other
administrative relief. An initial order shall include a
statement of any circumstances under which the initial order,
without further notice, may become a final order.
(4) Findings of fact shall be based exclusively on the
evidence of record in the adjudicative proceeding and on
matters officially noticed in that proceeding. Findings shall
be based on the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their
affairs. Findings may be based on such evidence even if it
would be inadmissible in a civil trial. However, the presiding officer shall not base a finding exclusively on such
inadmissible evidence unless the presiding officer determines
that doing so would not unduly abridge the parties’ opportunities to confront witnesses and rebut evidence. The basis
for this determination shall appear in the order.
(5) Where it bears on the issues presented, the agency’s
experience, technical competency, and specialized knowledge
may be used in the evaluation of evidence.
(6) If a person serving or designated to serve as presiding officer becomes unavailable for any reason before entry
of the order, a substitute presiding officer shall be appointed
as provided in RCW 34.05.425. The substitute presiding
[Title 34 RCW—page 21]
34.05.461
Title 34 RCW: Administrative Law
officer shall use any existing record and may conduct any
further proceedings appropriate in the interests of justice.
(7) The presiding officer may allow the parties a
designated time after conclusion of the hearing for the
submission of memos, briefs, or proposed findings.
(8)(a) Except as otherwise provided in (b) of this
subsection, initial or final orders shall be served in writing
within ninety days after conclusion of the hearing or after
submission of memos, briefs, or proposed findings in
accordance with subsection (7) of this section unless this
period is waived or extended for good cause shown.
(b) This subsection does not apply to the final order of
the shorelines hearings board on appeal under RCW
90.58.180(3).
(9) The presiding officer shall cause copies of the order
to be served on each party and the agency. [1995 c 347 §
312; 1989 c 175 § 19; 1988 c 288 § 418.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.464 Review of initial orders. (1) As authorized
by law, an agency may by rule provide that initial orders in
specified classes of cases may become final without further
agency action unless, within a specified period, (a) the
agency head upon its own motion determines that the initial
order should be reviewed, or (b) a party to the proceedings
files a petition for administrative review of the initial order.
Upon occurrence of either event, notice shall be given to all
parties to the proceeding.
(2) As authorized by law, an agency head may appoint
a person to review initial orders and to prepare and enter
final agency orders.
(3) RCW 34.05.425 and 34.05.455 apply to any person
reviewing an initial order on behalf of an agency as part of
the decision process, and to persons communicating with
them, to the same extent that it is applicable to presiding
officers.
(4) The officer reviewing the initial order (including the
agency head reviewing an initial order) is, for the purposes
of this chapter, termed the reviewing officer. The reviewing
officer shall exercise all the decision-making power that the
reviewing officer would have had to decide and enter the
final order had the reviewing officer presided over the
hearing, except to the extent that the issues subject to review
are limited by a provision of law or by the reviewing officer
upon notice to all the parties. In reviewing findings of fact
by presiding officers, the reviewing officers shall give due
regard to the presiding officer’s opportunity to observe the
witnesses.
(5) The reviewing officer shall personally consider the
whole record or such portions of it as may be cited by the
parties.
(6) The reviewing officer shall afford each party an
opportunity to present written argument and may afford each
party an opportunity to present oral argument.
(7) The reviewing officer shall enter a final order
disposing of the proceeding or remand the matter for further
proceedings, with instructions to the presiding officer who
entered the initial order. Upon remanding a matter, the
[Title 34 RCW—page 22]
reviewing officer shall order such temporary relief as is
authorized and appropriate.
(8) A final order shall include, or incorporate by
reference to the initial order, all matters required by RCW
34.05.461(3).
(9) The reviewing officer shall cause copies of the final
order or order remanding the matter for further proceedings
to be served upon each party. [1989 c 175 § 20; 1988 c 288
§ 419.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.467 Stay. A party may submit to the presiding
or reviewing officer, as is appropriate to the stage of the
proceeding, a petition for stay of effectiveness of a final
order within ten days of its service unless otherwise provided
by statute or stated in the final order. Disposition of the
petition for stay shall be made by the presiding officer,
reviewing officer, or agency head as provided by agency
rule. Disposition may be made either before or after the
effective date of the final order. Disposition denying a stay
is not subject to judicial review. [1988 c 288 § 420.]
34.05.470 Reconsideration. (1) Within ten days of
the service of a final order, any party may file a petition for
reconsideration, stating the specific grounds upon which
relief is requested. The place of filing and other procedures,
if any, shall be specified by agency rule.
(2) No petition for reconsideration may stay the effectiveness of an order.
(3) If a petition for reconsideration is timely filed, and
the petitioner has complied with the agency’s procedural
rules for reconsideration, if any, the time for filing a petition
for judicial review does not commence until the agency
disposes of the petition for reconsideration. The agency is
deemed to have denied the petition for reconsideration if,
within twenty days from the date the petition is filed, the
agency does not either: (a) Dispose of the petition; or (b)
serve the parties with a written notice specifying the date by
which it will act on the petition.
(4) Unless the petition for reconsideration is deemed
denied under subsection (3) of this section, the petition shall
be disposed of by the same person or persons who entered
the order, if reasonably available. The disposition shall be
in the form of a written order denying the petition, granting
the petition and dissolving or modifying the final order, or
granting the petition and setting the matter for further hearing.
(5) The filing of a petition for reconsideration is not a
prerequisite for seeking judicial review. An order denying
reconsideration, or a notice provided for in subsection (3)(b)
of this section is not subject to judicial review. [1989 c 175
§ 21; 1988 c 288 § 421.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.473 Effectiveness of orders. (1) Unless a later
date is stated in an order or a stay is granted, an order is
effective when entered, but:
(a) A party may not be required to comply with a final
order unless the party has been served with or has actual
knowledge of the final order;
(2002 Ed.)
Administrative Procedure Act
(b) A nonparty may not be required to comply with a
final order unless the agency has made the final order
available for public inspection and copying or the nonparty
has actual knowledge of the final order;
(c) For purposes of determining time limits for further
administrative procedure or for judicial review, the determinative date is the date of service of the order.
(2) Unless a later date is stated in the initial order or a
stay is granted, the time when an initial order becomes a
final order in accordance with RCW 34.05.461 is determined
as follows:
(a) When the initial order is entered, if administrative
review is unavailable; or
(b) When the agency head with such authority enters an
order stating, after a petition for administrative review has
been filed, that review will not be exercised.
(3) This section does not preclude an agency from
taking immediate action to protect the public interest in
accordance with RCW 34.05.479. [1989 c 175 § 22; 1988
c 288 § 422.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.476 Agency record. (1) An agency shall
maintain an official record of each adjudicative proceeding
under this chapter.
(2) The agency record shall include:
(a) Notices of all proceedings;
(b) Any prehearing order;
(c) Any motions, pleadings, briefs, petitions, requests,
and intermediate rulings;
(d) Evidence received or considered;
(e) A statement of matters officially noticed;
(f) Proffers of proof and objections and rulings thereon;
(g) Proposed findings, requested orders, and exceptions;
(h) The recording prepared for the presiding officer at
the hearing, together with any transcript of all or part of the
hearing considered before final disposition of the proceeding;
(i) Any final order, initial order, or order on reconsideration;
(j) Staff memoranda or data submitted to the presiding
officer, unless prepared and submitted by personal assistants
and not inconsistent with RCW 34.05.455; and
(k) Matters placed on the record after an ex parte
communication.
(3) Except to the extent that this chapter or another
statute provides otherwise, the agency record constitutes the
exclusive basis for agency action in adjudicative proceedings
under this chapter and for judicial review of adjudicative
proceedings. [1988 c 288 § 423.]
34.05.479 Emergency adjudicative proceedings. (1)
Unless otherwise provided by law, an agency may use
emergency adjudicative proceedings in a situation involving
an immediate danger to the public health, safety, or welfare
requiring immediate agency action.
(2) The agency may take only such action as is necessary to prevent or avoid the immediate danger to the public
health, safety, or welfare that justifies use of emergency
adjudication.
(3) The agency shall enter an order, including a brief
statement of findings of fact, conclusions of law, and policy
(2002 Ed.)
34.05.473
reasons for the decision if it is an exercise of the agency’s
discretion, to justify the determination of an immediate
danger and the agency’s decision to take the specific action.
(4) The agency shall give such notice as is practicable
to persons who are required to comply with the order. The
order is effective when entered.
(5) After entering an order under this section, the
agency shall proceed as quickly as feasible to complete any
proceedings that would be required if the matter did not
involve an immediate danger.
(6) The agency record consists of any documents
regarding the matter that were considered or prepared by the
agency. The agency shall maintain these documents as its
official record.
(7) Unless otherwise required by a provision of law, the
agency record need not constitute the exclusive basis for
agency action in emergency adjudicative proceedings or for
judicial review thereof.
(8) This section shall not apply to agency action taken
pursuant to a provision of law that expressly authorizes the
agency to issue a cease and desist order. The agency may
proceed, alternatively, under that independent authority.
[1988 c 288 § 424.]
Designation of persons for emergency adjudications by utilities and
transportation commission: RCW 80.01.060.
34.05.4791 Secure community transition facility—
Proceeding concerning public safety measures. A petition
brought pursuant to RCW 71.09.342(5) shall be heard under
the provisions of RCW 34.05.479 except that the decision of
the governor’s designee shall be final and is not subject to
judicial review. [2002 c 68 § 10.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
34.05.482 Brief adjudicative proceedings—
Applicability. (1) An agency may use brief adjudicative
proceedings if:
(a) The use of those proceedings in the circumstances
does not violate any provision of law;
(b) The protection of the public interest does not require
the agency to give notice and an opportunity to participate
to persons other than the parties;
(c) The matter is entirely within one or more categories
for which the agency by rule has adopted this section and
RCW 34.05.485 through 34.05.494; and
(d) The issue and interests involved in the controversy
do not warrant use of the procedures of RCW 34.05.413
through 34.05.479.
(2) Brief adjudicative proceedings are not authorized for
public assistance and food stamp or benefit programs
provided for in Title 74 RCW, including but not limited to
public assistance as defined in RCW 74.04.005(1). [1998 c
79 § 3; 1988 c 288 § 425.]
34.05.485 Brief adjudicative proceedings—
Procedure. (1) If not specifically prohibited by law, the
following persons may be designated as the presiding officer
of a brief adjudicative proceeding:
(a) The agency head;
(b) One or more members of the agency head;
[Title 34 RCW—page 23]
34.05.485
Title 34 RCW: Administrative Law
(c) One or more administrative law judges; or
(d) One or more other persons designated by the agency
head.
(2) Before taking action, the presiding officer shall give
each party an opportunity to be informed of the agency’s
view of the matter and to explain the party’s view of the
matter.
(3) At the time any unfavorable action is taken the
presiding officer shall serve upon each party a brief statement of the reasons for the decision. Within ten days, the
presiding officer shall give the parties a brief written statement of the reasons for the decision and information about
any internal administrative review available.
(4) The brief written statement is an initial order. If no
review is taken of the initial order as authorized by RCW
34.05.488 and 34.05.491, the initial order shall be the final
order. [1989 c 175 § 23; 1988 c 288 § 426.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.488 Brief proceedings—Administrative
review—Applicability. Unless prohibited by any provision
of law, an agency, on its own motion, may conduct administrative review of an order resulting from brief adjudicative
proceedings. An agency shall conduct this review upon the
written or oral request of a party if the agency receives the
request within twenty-one days after service of the written
statement required by RCW 34.05.485(3). [1989 c 175 § 24;
1988 c 288 § 427.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.491 Brief proceedings—Administrative
review—Procedures. Unless otherwise provided by statute:
(1) If the parties have not requested review, the agency
may review an order resulting from a brief adjudicative
proceeding on its own motion and without notice to the
parties, but it may not take any action on review less
favorable to any party than the original order without giving
that party notice and an opportunity to explain that party’s
view of the matter.
(2) The reviewing officer may be any person who could
have presided at the brief proceeding, but the reviewing
officer must be one who is authorized to grant appropriate
relief upon review.
(3) The reviewing officer shall give each party an
opportunity to explain the party’s view of the matter and
shall make any inquiries necessary to ascertain whether the
proceeding must be converted to a formal adjudicative
hearing.
(4) The order on review must be in writing, must
include a brief statement of the reasons for the decision, and
must be entered within twenty days after the date of the
initial order or of the request for review, whichever is later.
The order shall include a description of any further available
administrative review or, if none is available, a notice that
judicial review may be available.
(5) A request for administrative review is deemed to
have been denied if the agency does not make a disposition
of the matter within twenty days after the request is submitted. [1988 c 288 § 428.]
[Title 34 RCW—page 24]
34.05.494 Agency record in brief proceedings. (1)
The agency record consists of any documents regarding the
matter that were considered or prepared by the presiding
officer for the brief adjudicative proceeding or by the reviewing officer for any review. The agency shall maintain
these documents as its official record.
(2) Unless otherwise required by a provision of law, the
agency record need not constitute the exclusive basis for
agency action in brief adjudicative proceedings or for the
judicial review of brief adjudicative proceedings. [1988 c
288 § 429.]
PART V
JUDICIAL REVIEW AND CIVIL ENFORCEMENT
34.05.510 Relationship between this chapter and
other judicial review authority. This chapter establishes
the exclusive means of judicial review of agency action,
except:
(1) The provisions of this chapter for judicial review do
not apply to litigation in which the sole issue is a claim for
money damages or compensation and the agency whose
action is at issue does not have statutory authority to
determine the claim.
(2) Ancillary procedural matters before the reviewing
court, including intervention, class actions, consolidation,
joinder, severance, transfer, protective orders, and other relief
from disclosure of privileged or confidential material, are
governed, to the extent not inconsistent with this chapter, by
court rule.
(3) To the extent that de novo review or jury trial
review of agency action is expressly authorized by provision
of law. [1988 c 288 § 501.]
34.05.514 Petition for review—Where filed. (1)
Except as provided in subsections (2) and (3) of this section,
proceedings for review under this chapter shall be instituted
by paying the fee required under RCW 36.18.020 and filing
a petition in the superior court, at the petitioner’s option, for
(a) Thurston county, (b) the county of the petitioner’s residence or principal place of business, or (c) in any county
where the property owned by the petitioner and affected by
the contested decision is located.
(2) For proceedings involving institutions of higher
education, the petition shall be filed either in the county in
which the principal office of the institution involved is
located or in the county of a branch campus if the action
involves such branch.
(3) For proceedings conducted by the pollution control
hearings board pursuant to chapter 43.21B RCW or as
otherwise provided in RCW 90.03.210(2) involving decisions
of the department of ecology on applications for changes or
transfers of water rights that are the subject of a general
adjudication of water rights that is being litigated actively
under chapter 90.03 or 90.44 RCW, the petition must be
filed with the superior court conducting the adjudication, to
be consolidated by the court with the general adjudication.
A party to the adjudication shall be a party to the appeal
under this chapter only if the party files or is served with a
petition for review to the extent required by this chapter.
(2002 Ed.)
Administrative Procedure Act
[2001 c 220 § 3. Prior: 1995 c 347 § 113; 1995 c 292 § 9;
1994 c 257 § 23; 1988 c 288 § 502.]
Intent—Construction—Effective date—2001 c 220: See notes
following RCW 43.21B.110.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
34.05.518 Direct review by court of appeals. (1)
The final decision of an administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals either (a) upon certification
by the superior court pursuant to this section or (b) if the
final decision is from an environmental board as defined in
subsection (3) of this section, upon acceptance by the court
of appeals after a certificate of appealability has been filed
by the environmental board that rendered the final decision.
(2) For direct review upon certification by the superior
court, an application for direct review must be filed with the
superior court within thirty days of the filing of the petition
for review in superior court. The superior court may certify
a case for direct review only if the judicial review is limited
to the record of the agency proceeding and the court finds
that:
(a) Fundamental and urgent issues affecting the future
administrative process or the public interest are involved
which require a prompt determination;
(b) Delay in obtaining a final and prompt determination
of such issues would be detrimental to any party or the
public interest;
(c) An appeal to the court of appeals would be likely
regardless of the determination in superior court; and
(d) The appellate court’s determination in the proceeding would have significant precedential value.
Procedures for certification shall be established by court
rule.
(3)(a) For the purposes of direct review of final decisions of environmental boards, environmental boards include
those boards identified in RCW 43.21B.005 and growth
management hearings boards as identified in RCW
36.70A.250.
(b) An environmental board may issue a certificate of
appealability if it finds that delay in obtaining a final and
prompt determination of the issues would be detrimental to
any party or the public interest and either:
(i) Fundamental and urgent statewide or regional issues
are raised; or
(ii) The proceeding is likely to have significant
precedential value.
(4) The environmental board shall state in the certificate
of appealability which criteria it applied, explain how that
criteria was met, and file with the certificate a copy of the
final decision.
(5) For an appellate court to accept direct review of a
final decision of an environmental board, it shall consider the
same criteria outlined in subsection (3) of this section.
(6) The procedures for direct review of final decisions
of environmental boards include:
(a) Within thirty days after filing the petition for review
with the superior court, a party may file an application for
direct review with the superior court and serve the appropriate environmental board and all parties of record. The
(2002 Ed.)
34.05.514
application shall request the environmental board to file a
certificate of appealability.
(b) If an issue on review is the jurisdiction of the
environmental board, the board may file an application for
direct review on that issue.
(c) The environmental board shall have thirty days to
grant or deny the request for a certificate of appealability
and its decision shall be filed with the superior court and
served on all parties of record.
(d) If a certificate of appealability is issued, the parties
shall have fifteen days from the date of service to file a
notice of discretionary review in the superior court, and the
notice shall include a copy of the certificate of appealability
and a copy of the final decision.
(e) If the appellate court accepts review, the certificate
of appealability shall be transmitted to the court of appeals
as part of the certified record.
(f) If a certificate of appealability is denied, review shall
be by the superior court. The superior court’s decision may
be appealed to the court of appeals. [1995 c 382 § 5; 1988
c 288 § 503; 1980 c 76 § 1. Formerly RCW 34.04.133.]
34.05.522 Refusal of review by court of appeals.
The court of appeals may refuse to accept direct review of
a case pursuant to RCW 34.05.518 if it finds that the case
does not meet the applicable standard in RCW 34.05.518(2)
or (5). Rules of Appellate Procedure 2.3 do not apply in this
instance. The refusal to accept such review is not subject to
further appellate review, notwithstanding anything in Rule
13.3 of the Rules of Appellate Procedure to the contrary.
[1995 c 382 § 6; 1988 c 288 § 504; 1980 c 76 § 2. Formerly RCW 34.04.135.]
34.05.526 Appellate review by supreme court or
court of appeals. An aggrieved party may secure appellate
review of any final judgment of the superior court under this
chapter by the supreme court or the court of appeals. The
review shall be secured in the manner provided by law for
review of superior court decisions in other civil cases. [1988
c 288 § 505; 1988 c 202 § 35; 1971 c 81 § 87; 1959 c 234
§ 14. Formerly RCW 34.04.140.]
Reviser’s note: This section was amended by 1988 c 202 § 35,
effective June 9, 1988, and by 1988 c 288 § 505, effective July 1, 1989,
each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Severability—1988 c 202: See note following RCW 2.24.050.
34.05.530 Standing. A person has standing to obtain
judicial review of agency action if that person is aggrieved
or adversely affected by the agency action. A person is
aggrieved or adversely affected within the meaning of this
section only when all three of the following conditions are
present:
(1) The agency action has prejudiced or is likely to
prejudice that person;
(2) That person’s asserted interests are among those that
the agency was required to consider when it engaged in the
agency action challenged; and
(3) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused
[Title 34 RCW—page 25]
34.05.530
Title 34 RCW: Administrative Law
or likely to be caused by the agency action. [1988 c 288 §
506.]
34.05.534 Exhaustion of administrative remedies.
A person may file a petition for judicial review under this
chapter only after exhausting all administrative remedies
available within the agency whose action is being challenged, or available within any other agency authorized to
exercise administrative review, except:
(1) A petitioner for judicial review of a rule need not
have participated in the rule-making proceeding upon which
that rule is based, have petitioned for its amendment or
repeal, have petitioned the joint administrative rules review
committee for its review, or have appealed a petition for
amendment or repeal to the governor;
(2) A petitioner for judicial review need not exhaust
administrative remedies to the extent that this chapter or any
other statute states that exhaustion is not required; or
(3) The court may relieve a petitioner of the requirement
to exhaust any or all administrative remedies upon a showing
that:
(a) The remedies would be patently inadequate;
(b) The exhaustion of remedies would be futile; or
(c) The grave irreparable harm that would result from
having to exhaust administrative remedies would clearly
outweigh the public policy requiring exhaustion of administrative remedies. [1997 c 409 § 302; 1995 c 403 § 803;
1988 c 288 § 507.]
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.542 Time for filing petition for review.
Subject to other requirements of this chapter or of another
statute:
(1) A petition for judicial review of a rule may be filed
at any time, except as limited by RCW 34.05.375.
(2) A petition for judicial review of an order shall be
filed with the court and served on the agency, the office of
the attorney general, and all parties of record within thirty
days after service of the final order.
(3) A petition for judicial review of agency action other
than the adoption of a rule or the entry of an order is not
timely unless filed with the court and served on the agency,
the office of the attorney general, and all other parties of
record within thirty days after the agency action, but the time
is extended during any period that the petitioner did not
know and was under no duty to discover or could not
reasonably have discovered that the agency had taken the
action or that the agency action had a sufficient effect to
confer standing upon the petitioner to obtain judicial review
under this chapter.
(4) Service of the petition on the agency shall be by
delivery of a copy of the petition to the office of the
director, or other chief administrative officer or chairperson
of the agency, at the principal office of the agency. Service
of a copy by mail upon the other parties of record and the
office of the attorney general shall be deemed complete upon
[Title 34 RCW—page 26]
deposit in the United States mail, as evidenced by the
postmark.
(5) Failure to timely serve a petition on the office of the
attorney general is not grounds for dismissal of the petition.
(6) For purposes of this section, service upon the
attorney of record of any agency or party of record constitutes service upon the agency or party of record. [1998 c
186 § 1; 1988 c 288 § 509.]
34.05.546 Petition for review—Contents. A petition
for review must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner’s
attorney, if any;
(3) The name and mailing address of the agency whose
action is at issue;
(4) Identification of the agency action at issue, together
with a duplicate copy, summary, or brief description of the
agency action;
(5) Identification of persons who were parties in any
adjudicative proceedings that led to the agency action;
(6) Facts to demonstrate that the petitioner is entitled to
obtain judicial review;
(7) The petitioner’s reasons for believing that relief
should be granted; and
(8) A request for relief, specifying the type and extent
of relief requested. [1988 c 288 § 510.]
34.05.550 Stay and other temporary remedies. (1)
Unless precluded by law, the agency may grant a stay, in
whole or in part, or other temporary remedy.
(2) After a petition for judicial review has been filed, a
party may file a motion in the reviewing court seeking a stay
or other temporary remedy.
(3) If judicial relief is sought for a stay or other temporary remedy from agency action based on public health,
safety, or welfare grounds the court shall not grant such
relief unless the court finds that:
(a) The applicant is likely to prevail when the court
finally disposes of the matter;
(b) Without relief the applicant will suffer irreparable
injury;
(c) The grant of relief to the applicant will not substantially harm other parties to the proceedings; and
(d) The threat to the public health, safety, or welfare is
not sufficiently serious to justify the agency action in the
circumstances.
(4) If the court determines that relief should be granted
from the agency’s action granting a stay or other temporary
remedies, the court may remand the matter or may enter an
order denying a stay or granting a stay on appropriate terms.
[1989 c 175 § 25; 1988 c 288 § 511.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.554 Limitation on new issues. (1) Issues not
raised before the agency may not be raised on appeal, except
to the extent that:
(a) The person did not know and was under no duty to
discover or could not have reasonably discovered facts
giving rise to the issue;
(2002 Ed.)
Administrative Procedure Act
(b) The agency action subject to judicial review is a rule
and the person has not been a party in adjudicative proceedings that provided an adequate opportunity to raise the issue;
(c) The agency action subject to judicial review is an
order and the person was not notified of the adjudicative
proceeding in substantial compliance with this chapter; or
(d) The interests of justice would be served by resolution of an issue arising from:
(i) A change in controlling law occurring after the
agency action; or
(ii) Agency action occurring after the person exhausted
the last feasible opportunity for seeking relief from the
agency.
(2) The court shall remand to the agency for determination any issue that is properly raised pursuant to subsection
(1) of this section. [1988 c 288 § 512.]
34.05.558 Judicial review of facts confined to
record. Judicial review of disputed issues of fact shall be
conducted by the court without a jury and must be confined
to the agency record for judicial review as defined by this
chapter, supplemented by additional evidence taken pursuant
to this chapter. [1988 c 288 § 513.]
34.05.562 New evidence taken by court or agency.
(1) The court may receive evidence in addition to that
contained in the agency record for judicial review, only if it
relates to the validity of the agency action at the time it was
taken and is needed to decide disputed issues regarding:
(a) Improper constitution as a decision-making body or
grounds for disqualification of those taking the agency
action;
(b) Unlawfulness of procedure or of decision-making
process; or
(c) Material facts in rule making, brief adjudications, or
other proceedings not required to be determined on the
agency record.
(2) The court may remand a matter to the agency,
before final disposition of a petition for review, with
directions that the agency conduct fact-finding and other
proceedings the court considers necessary and that the
agency take such further action on the basis thereof as the
court directs, if:
(a) The agency was required by this chapter or any
other provision of law to base its action exclusively on a
record of a type reasonably suitable for judicial review, but
the agency failed to prepare or preserve an adequate record;
(b) The court finds that (i) new evidence has become
available that relates to the validity of the agency action at
the time it was taken, that one or more of the parties did not
know and was under no duty to discover or could not have
reasonably been discovered until after the agency action, and
(ii) the interests of justice would be served by remand to the
agency;
(c) The agency improperly excluded or omitted evidence
from the record; or
(d) A relevant provision of law changed after the agency
action and the court determines that the new provision may
control the outcome. [1988 c 288 § 514.]
(2002 Ed.)
34.05.554
34.05.566 Agency record for review—Costs. (1)
Within thirty days after service of the petition for judicial
review, or within further time allowed by the court or by
other provision of law, the agency shall transmit to the court
the original or a certified copy of the agency record for
judicial review of the agency action. The record shall
consist of any agency documents expressing the agency
action, other documents identified by the agency as having
been considered by it before its action and used as a basis
for its action, and any other material described in this
chapter as the agency record for the type of agency action at
issue, subject to the provisions of this section.
(2) If part of the record has been preserved without a
transcript, the agency shall prepare a transcript for inclusion
in the record transmitted to the court, except for portions that
the parties stipulate to omit in accordance with subsection
(4) of this section.
(3) The agency may charge a nonindigent petitioner
with the reasonable costs of preparing any necessary copies
and transcripts for transmittal to the court. A failure by the
petitioner to pay any of this cost to the agency relieves the
agency from the responsibility for preparation of the record
and transmittal to the court.
(4) The record may be shortened, summarized, or
organized temporarily or, by stipulation of all parties,
permanently.
(5) The court may tax the cost of preparing transcripts
and copies of the record:
(a) Against a party who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or
(b) In accordance with any provision of law.
(6) Additions to the record pursuant to RCW 34.05.562
must be made as ordered by the court.
(7) The court may require or permit subsequent corrections or additions to the record. [1989 c 175 § 26; 1988 c
288 § 515.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.570 Judicial review. (1) Generally. Except to
the extent that this chapter or another statute provides
otherwise:
(a) The burden of demonstrating the invalidity of agency
action is on the party asserting invalidity;
(b) The validity of agency action shall be determined in
accordance with the standards of review provided in this
section, as applied to the agency action at the time it was
taken;
(c) The court shall make a separate and distinct ruling
on each material issue on which the court’s decision is
based; and
(d) The court shall grant relief only if it determines that
a person seeking judicial relief has been substantially
prejudiced by the action complained of.
(2) Review of rules. (a) A rule may be reviewed by
petition for declaratory judgment filed pursuant to this
subsection or in the context of any other review proceeding
under this section. In an action challenging the validity of
a rule, the agency shall be made a party to the proceeding.
(b) The validity of any rule may be determined upon
petition for a declaratory judgment addressed to the superior
court of Thurston county, when it appears that the rule, or its
[Title 34 RCW—page 27]
34.05.570
Title 34 RCW: Administrative Law
threatened application, interferes with or impairs or immediately threatens to interfere with or impair the legal rights or
privileges of the petitioner. The declaratory judgment order
may be entered whether or not the petitioner has first
requested the agency to pass upon the validity of the rule in
question.
(c) In a proceeding involving review of a rule, the court
shall declare the rule invalid only if it finds that: The rule
violates constitutional provisions; the rule exceeds the
statutory authority of the agency; the rule was adopted
without compliance with statutory rule-making procedures;
or the rule is arbitrary and capricious.
(3) Review of agency orders in adjudicative proceedings. The court shall grant relief from an agency order in an
adjudicative proceeding only if it determines that:
(a) The order, or the statute or rule on which the order
is based, is in violation of constitutional provisions on its
face or as applied;
(b) The order is outside the statutory authority or
jurisdiction of the agency conferred by any provision of law;
(c) The agency has engaged in unlawful procedure or
decision-making process, or has failed to follow a prescribed
procedure;
(d) The agency has erroneously interpreted or applied
the law;
(e) The order is not supported by evidence that is
substantial when viewed in light of the whole record before
the court, which includes the agency record for judicial
review, supplemented by any additional evidence received by
the court under this chapter;
(f) The agency has not decided all issues requiring
resolution by the agency;
(g) A motion for disqualification under RCW 34.05.425
or 34.12.050 was made and was improperly denied or, if no
motion was made, facts are shown to support the grant of
such a motion that were not known and were not reasonably
discoverable by the challenging party at the appropriate time
for making such a motion;
(h) The order is inconsistent with a rule of the agency
unless the agency explains the inconsistency by stating facts
and reasons to demonstrate a rational basis for inconsistency;
or
(i) The order is arbitrary or capricious.
(4) Review of other agency action.
(a) All agency action not reviewable under subsection
(2) or (3) of this section shall be reviewed under this
subsection.
(b) A person whose rights are violated by an agency’s
failure to perform a duty that is required by law to be
performed may file a petition for review pursuant to RCW
34.05.514, seeking an order pursuant to this subsection
requiring performance. Within twenty days after service of
the petition for review, the agency shall file and serve an
answer to the petition, made in the same manner as an answer to a complaint in a civil action. The court may hear
evidence, pursuant to RCW 34.05.562, on material issues of
fact raised by the petition and answer.
(c) Relief for persons aggrieved by the performance of
an agency action, including the exercise of discretion, or an
action under (b) of this subsection can be granted only if the
court determines that the action is:
(i) Unconstitutional;
[Title 34 RCW—page 28]
(ii) Outside the statutory authority of the agency or the
authority conferred by a provision of law;
(iii) Arbitrary or capricious; or
(iv) Taken by persons who were not properly constituted
as agency officials lawfully entitled to take such action.
[1995 c 403 § 802; 1989 c 175 § 27; 1988 c 288 § 516;
1977 ex.s. c 52 § 1; 1967 c 237 § 6; 1959 c 234 § 13.
Formerly RCW 34.04.130.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.574 Type of relief. (1) In a review under RCW
34.05.570, the court may (a) affirm the agency action or (b)
order an agency to take action required by law, order an
agency to exercise discretion required by law, set aside
agency action, enjoin or stay the agency action, remand the
matter for further proceedings, or enter a declaratory
judgment order. The court shall set out in its findings and
conclusions, as appropriate, each violation or error by the
agency under the standards for review set out in this chapter
on which the court bases its decision and order. In reviewing matters within agency discretion, the court shall limit its
function to assuring that the agency has exercised its
discretion in accordance with law, and shall not itself
undertake to exercise the discretion that the legislature has
placed in the agency. The court shall remand to the agency
for modification of agency action, unless remand is impracticable or would cause unnecessary delay.
(2) The sole remedy available to a person who is
wrongfully denied licensure based upon a failure to pass an
examination administered by a state agency, or under its
auspices, is the right to retake the examination free of the
defect or defects the court may have found in the examination or the examination procedure.
(3) The court may award damages, compensation, or
ancillary relief only to the extent expressly authorized by
another provision of law.
(4) If the court sets aside or modifies agency action or
remands the matter to the agency for further proceedings, the
court may make any interlocutory order it finds necessary to
preserve the interests of the parties and the public, pending
further proceedings or agency action. [1989 c 175 § 28;
1988 c 288 § 517.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.578 Petition by agency for enforcement. (1)
In addition to other remedies provided by law, an agency
may seek enforcement of its rule or order by filing a petition
for civil enforcement in the superior court.
(2) The petition must name as respondent each alleged
person against whom the agency seeks to obtain civil
enforcement.
(3) Venue is determined as in other civil cases.
(4) A petition for civil enforcement filed by an agency
may request, and the court may grant, declaratory relief,
temporary or permanent injunctive relief, any other civil
remedy provided by law, or any combination of the foregoing. [1988 c 288 § 518.]
(2002 Ed.)
Administrative Procedure Act
34.05.582 Petition by others for enforcement. (1)
Any person who would qualify under this chapter as having
standing to obtain judicial review of an agency’s failure to
enforce an order directed to another person may file a
petition for civil enforcement of that order, but the action
may not be commenced:
(a) Until at least sixty days after the petitioner has given
notice of the alleged violation and of the petitioner’s intent
to seek civil enforcement to the head of the agency concerned, to the attorney general, and to each person against
whom the petitioner seeks civil enforcement;
(b) If the agency has filed and is diligently prosecuting
a petition for civil enforcement of the same order against the
same person; or
(c) If a petition for review of the same order has been
filed and a stay is in effect.
(2) The petition shall name, as respondents, the agency
whose order is sought to be enforced and each person
against whom the petitioner seeks civil enforcement.
(3) The agency whose order is sought to be enforced
may move to dismiss the petition on the grounds that it fails
to qualify under this section or that the enforcement would
be contrary to the policy of the agency. The court shall
grant the motion to dismiss the petition unless the petitioner
demonstrates that (a) the petition qualifies under this section
and (b) the agency’s failure to enforce its order is based on
an exercise of discretion that is arbitrary or capricious.
(4) Except to the extent expressly authorized by law, a
petition for civil enforcement may not request, and the court
may not grant, any monetary payment apart from taxable
costs. [1988 c 288 § 519.]
34.05.586 Defenses, limitations on. (1) Except as
expressly provided in this section, a respondent may not
assert as a defense in a proceeding for civil enforcement any
fact or issue that the respondent had an opportunity to assert
before the agency or a reviewing court and did not, or upon
which the final determination of the agency or a reviewing
court was adverse to the respondent. A respondent may
assert as a defense only the following:
(a) That the rule or order is invalid under RCW
34.05.570(3) (a), (b), (c), (d), (g), or (h), but only when the
respondent did not know and was under no duty to discover,
or could not reasonably have discovered, facts giving rise to
this issue;
(b) That the interest of justice would be served by
resolution of an issue arising from:
(i) A change in controlling law occurring after the
agency action; or
(ii) Agency action after the respondent has exhausted
the last foreseeable opportunity for seeking relief from the
agency or from a reviewing court;
(c) That the order does not apply to the respondent or
that the respondent has not violated the order; or
(d) A defense specifically authorized by statute to be
raised in a civil enforcement proceeding.
(2) The limitations of subsection (1) of this section do
not apply to the extent that:
(a) The agency action sought to be enforced is a rule
and the respondent has not been a party in an adjudicative
(2002 Ed.)
34.05.582
proceeding that provided an adequate opportunity to raise the
issue; or
(b) The agency action sought to be enforced is an order
and the respondent was not notified actually or constructively of the related adjudicative proceeding in substantial
compliance with this chapter.
(3) The court, to the extent necessary for the determination of the matter, may take new evidence. [1989 c 175 §
29; 1988 c 288 § 520.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.588 Enforcement of agency subpoena. (1) If
a person fails to obey an agency subpoena issued in an
adjudicative proceeding, or obeys the subpoena but refuses
to testify or produce documents when requested concerning
a matter under examination, the agency or attorney issuing
the subpoena may petition the superior court of any county
where the hearing is being conducted, where the subpoenaed
person resides or is found, or where subpoenaed documents
are located, for enforcement of the subpoena. The petition
shall be accompanied by a copy of the subpoena and proof
of service, shall set forth in what specific manner the
subpoena has not been complied with, and shall request an
order of the court to compel compliance. Upon such
petition, the court shall enter an order directing the person to
appear before the court at a time and place fixed in the order
to show cause why the person has not obeyed the subpoena
or has refused to testify or produce documents. A copy of
the court’s show cause order shall be served upon the
person. If it appears to the court that the subpoena was
properly issued, and that the particular questions the person
refused to answer or the requests for production of documents were reasonable and relevant, the court shall enter an
order that the person appear before the agency at the time
and place fixed in the order and testify or produce the
required documents, and on failing to obey this order the
person shall be dealt with as for contempt of court.
(2) Agencies with statutory authority to issue investigative subpoenas may petition for enforcement of such subpoenas in accordance with subsection (1) of this section. The
agency may petition the superior court of any county where
the subpoenaed person resides or is found, or where subpoenaed documents are located. If it appears to the court that
the subpoena was properly issued, that the investigation is
being conducted for a lawfully authorized purpose, and that
the testimony or documents required to be produced are adequately specified and relevant to the investigation, the court
shall enter an order that the person appear before the agency
at the time and place fixed in the order and testify or
produce the required documents, and failing to obey this
order the person shall be dealt with as for contempt of court.
(3) Petitions for enforcement of agency subpoenas are
not subject to RCW 34.05.578 through 34.05.590. [1989 c
175 § 30.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.05.590 Incorporation of other judicial review
provisions. Proceedings for civil enforcement are governed
by the following provisions of this chapter on judicial
review, as modified where necessary to adapt them to those
proceedings:
[Title 34 RCW—page 29]
34.05.590
Title 34 RCW: Administrative Law
(1) RCW 34.05.510(2) (ancillary procedural matters);
and
(2) RCW 34.05.566 (agency record for judicial review).
[1988 c 288 § 521.]
34.05.594 Review by higher court. Decisions on
petitions for civil enforcement are reviewable as in other
civil cases. [1988 c 288 § 522.]
34.05.598 Frivolous petitions. The provisions of
RCW 4.84.185 relating to civil actions that are frivolous and
advanced without reasonable cause apply to petitions for
judicial review under this chapter. [1988 c 288 § 607.]
PART VI
LEGISLATIVE REVIEW
34.05.610 Joint administrative rules review committee—Members—Appointment—Terms—Vacancies. (1)
There is hereby created a joint administrative rules review
committee which shall be a bipartisan committee consisting
of four senators and four representatives from the state legislature. The senate members of the committee shall be
appointed by the president of the senate, and the house
members of the committee shall be appointed by the speaker
of the house. Not more than two members from each house
may be from the same political party. The appointing
authorities shall also appoint one alternate member from
each caucus of each house. All appointments to the committee are subject to approval by the caucuses to which the
appointed members belong.
(2) Members and alternates shall be appointed as soon
as possible after the legislature convenes in regular session
in an odd-numbered year, and their terms shall extend until
their successors are appointed and qualified at the next
regular session of the legislature in an odd-numbered year or
until such persons no longer serve in the legislature, whichever occurs first. Members and alternates may be reappointed to the committee.
(3) On or about January 1, 1999, the president of the
senate shall appoint the chairperson and the vice chairperson
from among the committee membership. The speaker of the
house shall appoint the chairperson and the vice chairperson
in alternating even-numbered years beginning in the year
2000 from among the committee membership. The secretary
of the senate shall appoint the chairperson and the vice
chairperson in the alternating even-numbered years beginning
in the year 2002 from among the committee membership.
Such appointments shall be made in January of each evennumbered year as soon as possible after a legislative session
convenes.
(4) The chairperson of the committee shall cause all
meeting notices and committee documents to be sent to the
members and alternates. A vacancy shall be filled by
appointment of a legislator from the same political party as
the original appointment. The appropriate appointing
authority shall make the appointment within thirty days of
the vacancy occurring. [1998 c 280 § 9; 1996 c 318 § 2;
1988 c 288 § 601; 1983 c 53 § 1; 1981 c 324 § 5. Formerly
RCW 34.04.210.]
[Title 34 RCW—page 30]
Legislative affirmation—Severability—1981 c 324: See notes
following RCW 34.05.010.
34.05.620 Review of proposed rules—Notice. If the
rules review committee finds by a majority vote of its
members that a proposed rule is not within the intent of the
legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed
rule in accordance with all applicable provisions of law, the
committee shall give the affected agency written notice of its
decision. The notice shall be given at least seven days prior
to any hearing scheduled for consideration of or adoption of
the proposed rule pursuant to RCW 34.05.320. The notice
shall include a statement of the review committee’s findings
and the reasons therefor. When the agency holds a hearing
on the proposed rule, the agency shall consider the review
committee’s decision. [1996 c 318 § 3; 1994 c 249 § 17;
1988 c 288 § 602; 1987 c 451 § 1; 1981 c 324 § 6. Formerly RCW 34.04.220.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Legislative affirmation—Severability—1981 c 324: See notes
following RCW 34.05.010.
34.05.630 Review of existing rules—Policy and
interpretive statements, etc.—Notice—Hearing. (1) All
rules required to be filed pursuant to RCW 34.05.380, and
emergency rules adopted pursuant to RCW 34.05.350, are
subject to selective review by the committee.
(2) All agency policy and interpretive statements, guidelines, and documents that are of general applicability, or
their equivalents, are subject to selective review by the
committee to determine whether or not a statement, guideline, or document that is of general applicability, or its
equivalent, is being used as a rule that has not been adopted
in accordance with all applicable provisions of law.
(3) If the rules review committee finds by a majority
vote of its members: (a) That an existing rule is not within
the intent of the legislature as expressed by the statute which
the rule implements, (b) that the rule has not been adopted
in accordance with all applicable provisions of law, or (c)
that an agency is using a policy or interpretive statement in
place of a rule, the agency affected shall be notified of such
finding and the reasons therefor. Within thirty days of the
receipt of the rules review committee’s notice, the agency
shall file notice of a hearing on the rules review committee’s
finding with the code reviser and mail notice to all persons
who have made timely request of the agency for advance
notice of its rule-making proceedings as provided in RCW
34.05.320. The agency’s notice shall include the rules
review committee’s findings and reasons therefor, and shall
be published in the Washington state register in accordance
with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral
submissions regarding (a) whether the rule in question is
within the intent of the legislature as expressed by the statute
which the rule implements, (b) whether the rule was adopted
in accordance with all applicable provisions of law, and (c)
whether the agency is using a policy or interpretive statement, guideline, or document that is of general applicability,
or its equivalent, in place of a rule. [1998 c 21 § 1; 1996 c
318 § 4; 1994 c 249 § 18; 1993 c 277 § 1; 1988 c 288 §
(2002 Ed.)
Administrative Procedure Act
603; 1987 c 451 § 2; 1981 c 324 § 7. Formerly RCW
34.04.230.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Legislative affirmation—Severability—1981 c 324: See notes
following RCW 34.05.010.
34.05.640 Committee objections to agency intended
action—Statement in register and WAC—Suspension of
rule. (1) Within seven days of an agency hearing held after
notification of the agency by the rules review committee
pursuant to RCW 34.05.620 or 34.05.630, the affected
agency shall notify the committee of its intended action on
a proposed or existing rule to which the committee objected
or on a committee finding of the agency’s failure to adopt
rules.
(2) If the rules review committee finds by a majority
vote of its members: (a) That the proposed or existing rule
in question will not be modified, amended, withdrawn, or
repealed by the agency so as to conform with the intent of
the legislature, (b) that an existing rule was not adopted in
accordance with all applicable provisions of law, or (c) that
the agency will not replace the policy or interpretive statement, guideline, or document that is of general applicability,
or its equivalent, with a rule, the rules review committee
may, within thirty days from notification by the agency of its
intended action, file with the code reviser notice of its
objections together with a concise statement of the reasons
therefor. Such notice and statement shall also be provided
to the agency by the rules review committee.
(3)(a) If the rules review committee makes an adverse
finding regarding an existing rule under subsection (2)(a) or
(b) of this section, the committee may, by a majority vote of
its members, recommend suspension of the rule. Within
seven days of such vote the committee shall transmit to the
appropriate standing committees of the legislature, the
governor, the code reviser, and the agency written notice of
its objection and recommended suspension and the concise
reasons therefor. Within thirty days of receipt of the notice,
the governor shall transmit to the committee, the code
reviser, and the agency written approval or disapproval of
the recommended suspension. If the suspension is approved
by the governor, it is effective from the date of that approval
and continues until ninety days after the expiration of the
next regular legislative session.
(b) If the rules review committee makes an adverse
finding regarding a policy or interpretive statement, guideline, or document that is of general applicability, or its
equivalent, under subsection (2)(c) of this section, the
committee may, by a majority vote of its members, advise
the governor of its finding.
(4) The code reviser shall publish transmittals from the
rules review committee or the governor issued pursuant to
subsection (2) or (3) of this section in the Washington state
register and shall publish in the next supplement and
compilation of the Washington Administrative Code a
reference to the committee’s objection or recommended
suspension and the governor’s action on it and to the issue
of the Washington state register in which the full text thereof
appears.
(5) The reference shall be removed from a rule published in the Washington Administrative Code if a subse(2002 Ed.)
34.05.630
quent adjudicatory proceeding determines that the rule is
within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection
of the rules review committee. [1998 c 21 § 2; 1996 c 318
§ 5; 1994 c 249 § 19; 1993 c 277 § 2; 1988 c 288 § 604;
1987 c 451 § 3; 1981 c 324 § 8. Formerly RCW
34.04.240.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Legislative affirmation—Severability—1981 c 324: See notes
following RCW 34.05.010.
34.05.650 Recommendations by committee to
legislature. The rules review committee may recommend to
the legislature that the original enabling legislation serving
as authority for the adoption of any rule reviewed by the
committee be amended or repealed in such manner as the
committee deems advisable. [1988 c 288 § 605; 1987 c 451
§ 4; 1981 c 324 § 9. Formerly RCW 34.04.250.]
Legislative affirmation—Severability—1981 c 324: See notes
following RCW 34.05.010.
34.05.655 Petition for review. (1) Any person may
petition the rules review committee for a review of a
proposed or existing rule or a proposed or existing policy or
interpretive statement, guideline, or document that is of
general applicability, or its equivalent. A petition to review
a statement, guideline, or document that is of general
applicability, or its equivalent, may only be filed for the
purpose of requesting the committee to determine whether
the statement, guideline, or document that is of general
applicability, or its equivalent, is being used as a rule that
has not been adopted in accordance with all provisions of
law. Within thirty days of the receipt of the petition, the
rules review committee shall acknowledge receipt of the
petition and describe any initial action taken. If the rules
review committee rejects the petition, a written statement of
the reasons for rejection shall be included.
(2) A person may petition the rules review committee
under subsection (1) of this section requesting review of an
existing rule only if the person has petitioned the agency to
amend or repeal the rule under RCW 34.05.330(1) and such
petition was denied.
(3) A petition for review of a rule under subsection (1)
of this section shall:
(a) Identify with specificity the proposed or existing rule
to be reviewed;
(b) Identify the specific statute identified by the agency
as authorizing the rule, the specific statute which the rule
interprets or implements, and, if applicable, the specific
statute the department is alleged not to have followed in
adopting the rule;
(c) State the reasons why the petitioner believes that the
rule is not within the intent of the legislature, or that its
adoption was not or is not in accordance with law, and
provide documentation to support these statements;
(d) Identify any known judicial action regarding the rule
or statutes identified in the petition.
A petition to review an existing rule shall also include
a copy of the agency’s denial of a petition to amend or
repeal the rule issued under RCW 34.05.330(1) and, if
[Title 34 RCW—page 31]
34.05.655
Title 34 RCW: Administrative Law
available, a copy of the governor’s denial issued under RCW
34.05.330(3).
(4) A petition for review of a policy or interpretive
statement, guideline, or document that is of general applicability, or its equivalent, under subsection (1) of this section
shall:
(a) Identify the specific policy or interpretative statement, guideline, or document that is of general applicability,
or its equivalent, to be reviewed;
(b) Identify the specific statute which the rule interprets
or implements;
(c) State the reasons why the petitioner believes that the
policy or interpretive statement, guideline, or document that
is of general applicability, or its equivalent, meets the
definition of a rule under RCW 34.05.010 and should have
been adopted according to the procedures of this chapter;
(d) Identify any known judicial action regarding the
policy or interpretive statement, guideline, or document that
is of general applicability, or its equivalent, or statutes
identified in the petition.
(5) Within ninety days of receipt of the petition, the
rules review committee shall make a final decision on the
rule for which the petition for review was not previously
rejected. [1998 c 21 § 3; 1996 c 318 § 7; 1995 c 403 §
502.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.660 Review and objection procedures—No
presumption established. It is the express policy of the
legislature that establishment of procedures for review of
administrative rules by the legislature and the notice of
objection required by RCW 34.05.630(3) and 34.05.640(2)
in no way serves to establish a presumption as to the legality
or constitutionality of a rule in any subsequent judicial
proceedings interpreting such rules. [2001 c 64 § 2; 1988 c
288 § 606; 1981 c 324 § 10. Formerly RCW 34.04.260.]
Legislative affirmation—Severability—1981 c 324: See notes
following RCW 34.05.010.
34.05.665 Submission of rule for review—State
employees protected. Any individual employed or holding
office in any department or agency of state government may
submit rules warranting review to the rules review committee. Any such state employee is protected under chapter
42.40 RCW. [1995 c 403 § 503.]
(3) The committee may hire staff as needed to perform
functions under this chapter. [1995 c 403 § 505.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.675 Inspection of properties—Oaths, subpoenas, witnesses, depositions. In the discharge of any duty
imposed under this chapter, the rules review committee may
examine and inspect all properties, equipment, facilities,
files, records, and accounts of any state office, department,
institution, board, committee, commission, or agency, and
administer oaths, issue subpoenas, compel the attendance of
witnesses and the production of any papers, books, accounts,
documents, and testimony, and cause the deposition of witnesses, either residing within or without the state, to be taken
in the manner prescribed by law for taking depositions in
civil actions in the superior courts. [1995 c 403 § 506.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.681 Enforcement—Committee subpoena—
Refusal to testify. In case of the failure on the part of any
person to comply with any subpoena issued in [on] behalf of
the rules review committee, or on the refusal of any witness
to testify to any matters regarding which he or she may be
lawfully interrogated, it is the duty of the superior court of
any county, or of the judge thereof, on application of the
committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of
a subpoena issued from the court or a refusal to testify in the
court. [1995 c 403 § 507.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
PART IX
TECHNICAL PROVISIONS
34.05.900 Captions and headings. Section captions
and subchapter headings used in this chapter do not constitute any part of the law. [1988 c 288 § 703.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
34.05.901 Severability—1988 c 288. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances is not affected. [1988 c 288 § 704.]
34.05.671 Reports—Advisory boards—Staff. (1)
The rules review committee may make reports from time to
time to the members of the legislature and to the public with
respect to any of its findings or recommendations. The
committee shall keep complete minutes of its meetings.
(2) The committee may establish ad hoc advisory
boards, including but not limited to, ad hoc economics or
science advisory boards to assist the committee in its rules
review functions.
34.05.902 Effective date—Application—1988 c 288.
RCW 34.05.001 through 34.05.902 shall take effect on July
1, 1989, and shall apply to all rule-making actions and
agency proceedings begun on or after that date. Rulemaking actions or other agency proceedings begun before
July 1, 1989, shall be completed under the applicable
provisions of chapter 28B.19 or 34.04 RCW existing immediately before that date in the same manner as if they were
[Title 34 RCW—page 32]
(2002 Ed.)
Administrative Procedure Act
not amended by chapter 288, Laws of 1988 or repealed by
section 701 of chapter 288, Laws of 1988. [1988 c 288 §
705.]
Recodification—Correction of statutory references—1988 c 288:
"Parts X through XV of this act shall constitute a new chapter in Title 34
RCW, and the sections amended or set forth in this act shall be recodified
in the order they appear in this act. The code reviser shall correct all
statutory references to these sections and to the repealed chapters 28B.19
and 34.04 RCW to reflect this recodification and repeal." [1988 c 288 §
706.]
34.05.903 Severability—1998 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1998 c 280 § 14.]
Chapter 34.08
WASHINGTON STATE REGISTER ACT OF 1977
Sections
34.08.010
34.08.020
34.08.030
34.08.040
34.08.050
34.08.900
34.08.905
34.08.910
Regulatory
Legislative finding.
Washington State Register—Created—Publication period—
Contents.
Preparation and transmittal of material by agencies to code
reviser—Rules regarding.
Publication in register deemed official notice—Certification
of material.
Institutions of higher education considered state agencies for
certain purposes.
Short title.
Effective date—1977 ex.s. c 240.
Severability—1977 ex.s. c 240.
Fairness Act: Chapter 19.85 RCW.
34.08.010 Legislative finding. The legislature finds
that a need exists to adequately inform the public on the
conduct of the people’s business by state government, and
that providing adequate notice of the affairs of government
enables the public to actively participate in the conduct of
state government. The legislature further finds that the
promulgation of rules by state agencies has a direct effect on
the ability of the people to conduct their personal affairs and
knowledgeably deal with state government. It is therefore
the intent and purpose of RCW 1.08.110 and 42.30.075 and
of this chapter to require the publication of a state register
by which the public will be adequately informed of the
activities of government and where they may actively
participate in the conduct of state government and influence
the decision making process of the people’s business. [1977
ex.s. c 240 § 1.]
34.08.020 Washington State Register—Created—
Publication period—Contents. There is hereby created a
state publication to be called the Washington State Register,
which shall be published on no less than a monthly basis.
The register shall contain, but is not limited to, the following
materials received by the code reviser’s office during the
pertinent publication period:
(1)(a) The full text of any proposed new or amendatory
rule, as defined in RCW 34.05.010, and the citation of any
existing rules the repeal of which is proposed, prior to the
public hearing on such proposal. Such material shall be
(2002 Ed.)
34.05.902
considered, when published, to be the official notification of
the intended action, and no state agency or official thereof
may take action on any such rule except on emergency rules
adopted in accordance with RCW 34.05.350, until twenty
days have passed since the distribution date of the register in
which the rule and hearing notice have been published or a
notice regarding the omission of the rule has been published
pursuant to RCW 34.05.210(4) as now or hereafter amended;
(b) The small business economic impact statement, if
required by RCW 19.85.030, preceding the full text of the
proposed new or amendatory rule;
(2) The full text of any new or amendatory rule adopted,
and the citation of any existing rule repealed, on a permanent
or emergency basis;
(3) Executive orders and emergency declarations of the
governor;
(4) Public meeting notices of any and all agencies of
state government, including state elected officials whose
offices are created by Article III of the state Constitution or
RCW 48.02.010;
(5) Rules of the state supreme court which have been
adopted but not yet published in an official permanent
codification;
(6) Summaries of attorney general opinions and letter
opinions, noting the number, date, subject, and other information, and prepared by the attorney general for inclusion in
the register;
(7) Juvenile disposition standards and security guidelines
proposed and adopted under RCW 13.40.030;
(8) Proposed and adopted rules of the commission on
judicial conduct;
(9) The maximum allowable rates of interest and retail
installment contract service charges filed by the state
treasurer under RCW 19.52.025 and *63.14.135. In addition,
the highest rate of interest permissible for the current month
and the maximum retail installment contract service charge
for the current year shall be published in each issue of the
register. The publication of the maximum allowable interest
rate established pursuant to RCW 19.52.025 shall be accompanied by the following advisement: NOTICE: FEDERAL
LAW PERMITS FEDERALLY INSURED FINANCIAL
INSTITUTIONS IN THE STATE TO CHARGE THE
HIGHEST RATE OF INTEREST THAT MAY BE
CHARGED BY ANY FINANCIAL INSTITUTION IN THE
STATE. THE MAXIMUM ALLOWABLE RATE OF INTEREST SET FORTH ABOVE MAY NOT APPLY TO A
PARTICULAR TRANSACTION; and
(10) A list of corporations dissolved during the preceding month filed by the secretary of state under chapter
23B.14 RCW. [1995 c 47 § 9; 1987 c 186 § 8; 1986 c 60
§ 3; 1983 c 2 § 8. Prior: 1982 c 6 § 6; 1981 c 299 § 18;
1980 c 186 § 15; 1977 ex.s. c 240 § 3.]
*Reviser’s note: RCW 63.14.135 was repealed by 1995 c 249 § 1.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 c 6: See RCW 19.85.900.
Severability—1980 c 186: See note following RCW 34.05.320.
Schedule of regular meetings of state agencies: RCW 42.30.075.
34.08.030 Preparation and transmittal of material
by agencies to code reviser—Rules regarding. All
material included in the register pursuant to RCW 34.08.020
[Title 34 RCW—page 33]
34.08.030
Title 34 RCW: Administrative Law
shall be prepared by the appropriate agency or official and
transmitted to the code reviser in accordance with rules
adopted by the code reviser prescribing the style, format, and
numbering system therefor, the date of receipt for inclusion
within a particular register, and such other requirements as
may be necessary for the orderly and efficient publication of
the register and the Washington Administrative Code. [1977
ex.s. c 240 § 4.]
34.08.040 Publication in register deemed official
notice—Certification of material. The publication of any
information in the Washington State Register shall be
deemed to be official notice of such information, and
publication in the register of such information and materials
shall be certified to be the true and correct copy of such
rules or other information as filed in the code reviser’s
office. The code reviser shall certify, to any court of record,
the publication of any notice or information, and attached to
such certification shall be the agency’s declaration of
compliance with the provisions of the Open Public Meetings
Act (chapter 42.30 RCW), the Administrative Procedure Act
(chapter 34.05 RCW), and this chapter. [1989 c 175 § 31;
1977 ex.s. c 240 § 5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.08.050 Institutions of higher education considered state agencies for certain purposes. For the purposes
of the state register and this chapter, an institution of higher
education, as defined in RCW 34.05.010, shall be considered
to be a state agency. [1989 c 175 § 32; 1977 ex.s. c 240 §
6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
34.08.900 Short title. This 1977 amendatory act may
be known as the Washington State Register Act of 1977.
[1977 ex.s. c 240 § 15.]
34.08.905 Effective date—1977 ex.s. c 240. This
1977 amendatory act shall take effect January 1, 1978.
[1977 ex.s. c 240 § 16.]
34.08.910 Severability—1977 ex.s. c 240. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 240 § 17.]
Chapter 34.12
OFFICE OF ADMINISTRATIVE HEARINGS
Sections
34.12.010
34.12.020
34.12.030
34.12.035
34.12.037
34.12.038
34.12.039
Office created—Conduct of hearings—Chief administrative
law judge, appointment, term, qualifications, removal.
Definitions.
Administrative law judges—Appointment and contractual
basis—Clerical personnel—Discipline and termination of
administrative law judges—Civil service—Rules for
operation of office.
State patrol disciplinary hearings.
Human rights commission proceedings.
Local government whistleblower proceedings.
Local government whistleblower proceedings—Costs.
[Title 34 RCW—page 34]
34.12.040
Hearings conducted by administrative law judges—Criteria
for assignment.
34.12.050 Administrative law judge—Motion of prejudice against—
Request for assignment of.
34.12.060 Initial decision or proposal for decision—Findings of fact
and conclusions of law—Inapplicability to state patrol
disciplinary hearings.
34.12.070 Record of hearings.
34.12.080 Procedural conduct of hearings—Rules.
34.12.090 Transfer of employees and equipment.
34.12.100 Salaries.
34.12.110 Application of chapter.
34.12.120 Appointment of chief administrative law judge.
34.12.130 Administrative hearings revolving fund—Created, purposes.
34.12.140 Transfers and payments into revolving fund—Limitation on
employment security department payments—Allotment
by director of financial management—Disbursements
from fund by voucher.
34.12.150 Accounting procedures.
34.12.160 Direct payments by agencies, when authorized.
Bilingual services for non-English speaking public assistance applicants
and recipients: RCW 74.04.025.
34.12.010 Office created—Conduct of hearings—
Chief administrative law judge, appointment, term,
qualifications, removal. A state office of administrative
hearings is hereby created. The office shall be independent
of state administrative agencies and shall be responsible for
impartial administration of administrative hearings in
accordance with the legislative intent expressed by this
chapter. Hearings shall be conducted with the greatest
degree of informality consistent with fairness and the nature
of the proceeding. The office shall be under the direction of
a chief administrative law judge, appointed by the governor
with the advice and consent of the senate, for a term of five
years. The person appointed is required, as a condition of
appointment, to be admitted to practice law in the state of
Washington, and may be removed for cause. [1981 c 67 §
1.]
Effective dates—1981 c 67: "Sections 12 and 37 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately. The remainder of the act shall take
effect July 1, 1982." [1981 c 67 § 40.]
Severability—1981 c 67: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 67 § 39.]
34.12.020 Definitions. (Effective until July 1, 2006.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person
appointed by the chief administrative law judge to conduct
or preside over hearings as provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within
the meaning of RCW 34.05.010(1) conducted by a state
agency under RCW 34.05.413 through 34.05.476.
(4) "State agency" means any state board, commission,
department, or officer authorized by law to make rules or to
conduct adjudicative proceedings, except those in the
legislative or judicial branches, the growth management
hearings boards, the utilities and transportation commission,
the pollution control hearings board, the shorelines hearings
board, the forest practices appeals board, the environmental
(2002 Ed.)
Office of Administrative Hearings
hearings office, the board of industrial insurance appeals, the
Washington personnel resources board, the public employment relations commission, the personnel appeals board, and
the board of tax appeals. [1995 c 331 § 1; 1994 c 257 § 22;
1993 c 281 § 16; 1989 c 175 § 33; 1982 c 189 § 1; 1981 c
67 § 2.]
Severability—1994 c 257: See note following RCW 36.70A.270.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: "This act shall take effect July 1, 1982."
[1982 c 189 § 16.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.020 Definitions. (Effective July 1, 2006.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person
appointed by the chief administrative law judge to conduct
or preside over hearings as provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within
the meaning of RCW 34.05.010(1) conducted by a state
agency under RCW 34.05.413 through 34.05.476.
(4) "State agency" means any state board, commission,
department, or officer authorized by law to make rules or to
conduct adjudicative proceedings, except those in the
legislative or judicial branches, the growth management
hearings boards, the utilities and transportation commission,
the pollution control hearings board, the shorelines hearings
board, the forest practices appeals board, the environmental
hearings office, the board of industrial insurance appeals, the
Washington personnel resources board, the public employment relations commission, and the board of tax appeals.
[2002 c 354 § 226; 1995 c 331 § 1; 1994 c 257 § 22; 1993
c 281 § 16; 1989 c 175 § 33; 1982 c 189 § 1; 1981 c 67 §
2.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1994 c 257: See note following RCW 36.70A.270.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: "This act shall take effect July 1, 1982."
[1982 c 189 § 16.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.030 Administrative law judges—Appointment
and contractual basis—Clerical personnel—Discipline
and termination of administrative law judges—Civil
service—Rules for operation of office. (1) The chief
administrative law judge shall appoint administrative law
judges to fulfill the duties prescribed in this chapter. All
administrative law judges shall have a demonstrated knowledge of administrative law and procedures. The chief
administrative law judge may establish different levels of
administrative law judge positions.
(2) The chief administrative law judge may also contract
with qualified individuals to serve as administrative law
judges for specified hearings. Such individuals shall be
compensated for their services on a contractual basis for
each hearing, in accordance with chapter 43.88 RCW. The
(2002 Ed.)
34.12.020
chief administrative law judge may not contract with any
individual who is at that time an employee of the state.
(3) The chief administrative law judge may appoint such
clerical and other specialized or technical personnel as may
be necessary to carry on the work of this chapter.
(4) The administrative law judges appointed under
subsection (1) of this section are subject to discipline and
termination, for cause, by the chief administrative law judge.
Upon written request by the person so disciplined or terminated, the chief administrative law judge shall forthwith put
the reasons for such action in writing. The person affected
has a right of review by the superior court of Thurston
county on petition for reinstatement or other remedy filed
within thirty days of receipt of such written reasons.
(5) All employees of the office except the chief administrative law judge and the administrative law judges are
subject to chapter 41.06 RCW.
(6) The office may adopt rules for its own operation and
in furtherance of this chapter in accordance with chapter
34.05 RCW. [1981 c 67 § 3.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.035 State patrol disciplinary hearings. The
chief administrative law judge shall designate an administrative law judge to serve, as the need arises, as presiding
officer in state patrol disciplinary hearings conducted under
RCW 43.43.090. [1984 c 141 § 6.]
34.12.037 Human rights commission proceedings.
When requested by the state human rights commission, the
chief administrative law judge shall assign an administrative
law judge to conduct proceedings under chapter 49.60 RCW.
[1985 c 185 § 29.]
34.12.038 Local government whistleblower proceedings. When requested by a local government, the chief
administrative law judge shall assign an administrative law
judge to conduct proceedings under chapter 42.41 RCW.
[1992 c 44 § 8.]
Effective dates—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
34.12.039 Local government whistleblower proceedings—Costs. Costs for the services of the office of administrative hearings for the initial twenty-four hours of services
on a hearing under chapter 42.41 RCW shall be billed to the
local government administrative hearings account. Costs for
services beyond the initial twenty-four hours of services shall
be allocated to the parties by the administrative law judge,
the proportion to be borne by each party at the discretion of
the administrative law judge. The charges for these costs
shall be billed to the affected local government that shall
recover payment from any other party specified by the
administrative law judge. [1992 c 44 § 9.]
Effective date—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
34.12.040 Hearings conducted by administrative law
judges—Criteria for assignment. Whenever a state agency
conducts a hearing which is not presided over by officials of
[Title 34 RCW—page 35]
34.12.040
Title 34 RCW: Administrative Law
the agency who are to render the final decision, the hearing
shall be conducted by an administrative law judge assigned
under this chapter. In assigning administrative law judges,
the chief administrative law judge shall wherever practical
(1) use personnel having expertise in the field or subject
matter of the hearing, and (2) assign administrative law
judges primarily to the hearings of particular agencies on a
long-term basis. [1981 c 67 § 4.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.050 Administrative law judge—Motion of
prejudice against—Request for assignment of. (1) Any
party to a hearing being conducted under the provisions of
this chapter (including the state agency, whether or not it is
nominally a party) may file with the chief administrative law
judge a motion of prejudice, with supporting affidavit,
against the administrative law judge assigned to preside at
the hearing. The first such motion filed by any party shall
be automatically granted.
(2) Any state agency may request from the chief
administrative law judge the assignment of an administrative
law judge for the purpose of conducting a rule-making or
investigatory proceeding. [1981 c 67 § 5.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.060 Initial decision or proposal for decision—
Findings of fact and conclusions of law—Inapplicability
to state patrol disciplinary hearings. When an administrative law judge presides at a hearing under this chapter and
a majority of the officials of the agency who are to render
the final decision have not heard substantially all of the oral
testimony and read all exhibits submitted by any party, it
shall be the duty of such judge, or in the event of his
unavailability or incapacity, of another judge appointed by
the chief administrative law judge, to issue an initial decision
or proposal for decision including findings of fact and
conclusions of law in accordance with RCW 34.05.461 or
34.05.485. However, this section does not apply to a state
patrol disciplinary hearing conducted under RCW 43.43.090.
[1989 c 175 § 34; 1984 c 141 § 7; 1982 c 189 § 2; 1981 c
67 § 6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.070 Record of hearings. The chief administrative law judge may establish a method of making a record of
all hearings and may employ or contract in order to implement such method. [1981 c 67 § 7.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.080 Procedural conduct of hearings—Rules.
All hearings shall be conducted in conformance with the
Administrative Procedure Act, chapter 34.05 RCW. After
consultation with affected agencies, the chief administrative
law judge may promulgate rules governing the procedural
conduct of the hearings. Such rules shall seek the maximum
[Title 34 RCW—page 36]
procedural uniformity in agency hearings consistent with
demonstrable needs for individual agency variation. [1981
c 67 § 8.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.090 Transfer of employees and equipment.
(1) All state employees who have exclusively or principally
conducted or presided over hearings for state agencies prior
to July 1, 1982, shall be transferred to the office.
(2) All state employees who have exclusively or
principally served as support staff for those employees
transferred under subsection (1) of this section shall be
transferred to the office.
(3) All equipment or other tangible property in possession of state agencies, used or held exclusively or principally
by personnel transferred under subsection (1) of this section
shall be transferred to the office unless the office of financial
management, in consultation with the head of the agency and
the chief administrative law judge, determines that the equipment or property will be more efficiently used by the agency
if such property is not transferred. [1981 c 67 § 9.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.100 Salaries. The chief administrative law
judge shall be paid a salary fixed by the governor after
recommendation of the state committee on agency officials’
salaries. The salaries of administrative law judges appointed
under the terms of this chapter shall be determined by the
chief administrative law judge after recommendation of the
state committee on agency officials’ salaries. [1986 c 155
§ 10; 1981 c 67 § 10.]
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.110 Application of chapter. The creation of
the office of administrative hearings and the transfer of
duties and personnel under this chapter shall not affect the
validity of any rule, action, decision, or proceeding held or
promulgated by any state agency before July 1, 1982. This
chapter applies to hearings occurring after July 1, 1982.
[1981 c 67 § 11.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.120 Appointment of chief administrative law
judge. The governor shall appoint the chief administrative
law judge. [1989 c 175 § 35; 1981 c 67 § 12.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
34.12.130 Administrative hearings revolving fund—
Created, purposes. The administrative hearings revolving
fund is hereby created in the state treasury for the purpose
of centralized funding, accounting, and distribution of the
actual costs of the services provided to agencies of the state
(2002 Ed.)
Office of Administrative Hearings
government by the office of administrative hearings. [1982
c 189 § 9.]
34.12.130
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective date—1982 c 189: See note following RCW 34.12.020.
34.12.140 Transfers and payments into revolving
fund—Limitation on employment security department
payments—Allotment by director of financial management—Disbursements from fund by voucher. The
amounts to be disbursed from the administrative hearings
revolving fund from time to time shall be transferred thereto
by the state treasurer from funds appropriated to any and all
agencies for administrative hearings expenses on a quarterly
basis. Agencies operating in whole or in part from
nonappropriated funds shall pay into the administrative
hearings revolving fund such funds as will fully reimburse
funds appropriated to the office of administrative hearings
for any services provided activities financed by
nonappropriated funds. The funds from the employment
security department for the administrative hearings services
provided by the office of administrative hearings shall not
exceed that portion of the resources provided to the employment security department by the department of labor,
employment and training administration, for such administrative hearings services. To satisfy department of labor
funding requirements, the office of administrative hearings
shall meet or exceed timeliness standards under federal
regulations in the conduct of employment security department appeals.
The director of financial management shall allot all such
funds to the office of administrative hearings for the operation of the office, pursuant to appropriation, in the same
manner as appropriated funds are allocated to other agencies
under chapter 43.88 RCW.
Disbursements from the administrative hearings revolving fund shall be pursuant to vouchers executed by the chief
administrative law judge or his designee. [1982 c 189 § 10.]
Effective date—1982 c 189: See note following RCW 34.12.020.
34.12.150 Accounting procedures. The chief
administrative law judge shall keep such records as are
necessary to facilitate proper allocation of costs to funds and
agencies served and the director of financial management
shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings
shall be adjusted in line with actual costs incurred at intervals not to exceed six months. [1982 c 189 § 11.]
Effective date—1982 c 189: See note following RCW 34.12.020.
34.12.160 Direct payments by agencies, when
authorized. In cases where there are unanticipated demands
for services of the office of administrative hearings or where
there are insufficient funds on hand or available for payment
through the administrative hearings revolving fund or in
other cases of necessity, the chief administrative law judge
may request payment for services directly from agencies for
whom the services are performed to the extent that revenues
or other funds are available. Upon approval by the director
of financial management, the agency shall make the requested payment. The payment may be made on either an
advance or reimbursable basis as approved by the director of
financial management. [1982 c 189 § 12.]
(2002 Ed.)
[Title 34 RCW—page 37]
Title 35
CITIES AND TOWNS
Chapters
35.01
35.02
35.06
35.07
35.10
35.13
35.13A
35.14
35.16
35.17
35.18
35.20
35.21
35.22
35.23
35.27
35.30
35.31
35.32A
35.33
35.34
35.36
35.37
35.38
35.39
35.40
35.41
35.42
35.43
35.44
35.45
35.47
35.48
35.49
35.50
35.51
35.53
35.54
35.55
(2002 Ed.)
35.56
Municipal corporations classified.
Incorporation proceedings.
Advancement of classification.
Disincorporation.
Consolidation and annexation of cities and
towns.
Annexation of unincorporated areas.
Water or sewer districts—Assumption of
jurisdiction.
Community municipal corporations.
Reduction of city limits.
Commission form of government.
Council-manager plan.
Municipal courts—Cities over four hundred
thousand.
Miscellaneous provisions.
First class cities.
Second class cities.
Towns.
Unclassified cities.
Accident claims and funds.
Budgets in cities over 300,000.
Budgets in second and third class cities,
towns, and first class cities under 300,000.
Biennial budgets.
Execution of bonds by proxy—First class
cities.
Fiscal—Cities under 20,000 and cities other
than first class—Bonds.
Fiscal—Depositaries.
Fiscal—Investment of funds.
Fiscal—Validation and funding of debts.
Fiscal—Municipal revenue bond act.
Leases.
Local improvements—Authority—Initiation
of proceedings.
Local improvements—Assessments and reassessments.
Local improvements—Bonds and warrants.
Local improvements—Procedure for
cancellation of nonguaranteed bonds.
Local improvements—Nonguaranteed bonds.
Local improvements—Collection of assessments.
Local improvements—Foreclosure of assessments.
Local improvements—Classification of property—Reserve funds.
Local improvements—Disposition of property
acquired.
Local improvements—Guaranty funds.
Local improvements—Filling lowlands.
35.57
35.58
35.59
35.60
35.61
35.62
35.63
35.64
35.66
35.67
35.68
35.69
35.70
35.71
35.72
35.73
35.74
35.75
35.76
35.77
35.78
35.79
35.80
35.80A
35.81
35.82
35.83
35.84
35.85
35.86
35.86A
35.87
35.87A
35.88
35.89
35.91
35.92
35.94
35.95
35.95A
Local improvements—Filling and draining
lowlands—Waterways.
Public facilities districts.
Metropolitan municipal corporations.
Multi-purpose community centers.
World fairs or expositions—Participation by
municipalities.
Metropolitan park districts.
Name—Change of.
Planning commissions.
Zoos and aquariums.
Police matrons.
Sewerage systems—Refuse collection and
disposal.
Sidewalks, gutters, curbs, and driveways—
All cities and towns.
Sidewalks—Construction, reconstruction in
first and second class cities.
Sidewalks—Construction in second class cities and towns.
Pedestrian malls.
Contracts for street, road, and highway
projects.
Street grades—Sanitary fills.
Streets—Drawbridges.
Streets—Bicycles—Paths.
Streets—Budget and accounting.
Streets—Planning, establishment, construction, and maintenance.
Streets—Classification and design standards.
Streets—Vacation.
Unfit dwellings, buildings, and structures.
Condemnation of blighted property.
Community renewal law.
Housing authorities law.
Housing cooperation law.
Utility and other services beyond city limits.
Viaducts, elevated roadways, tunnels and
subways.
Off-street parking facilities.
Off-street parking—Parking commissions.
Parking facilities—Conveyance of land for in
cities over 300,000.
Parking and business improvement areas.
Water pollution—Protection from.
Water redemption bonds.
Municipal water and sewer facilities act.
Municipal utilities.
Sale or lease of municipal utilities.
Public transportation systems in municipalities.
City transportation authority—Monorail
transportation.
[Title 35 RCW—page 1]
Title 35
35.96
35.97
35.98
35.99
35.100
Title 35 RCW: Cities and Towns
Electric and communication facilities—
Conversion to underground.
Heating systems.
Construction.
Telecommunications, cable television service—Use of right of way.
Downtown and neighborhood commercial
districts.
Acquisition of
open space, etc., land or rights to future development by counties, cities
or metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
property for state highway purposes: RCW 47.12.040.
real or personal property, executory conditional sales contracts for: RCW
39.30.010.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Adjoining state, eminent domain for watershed: RCW 8.28.050.
Airport zoning: Chapter 14.12 RCW.
Airports, generally: Chapters 14.07, 14.08 RCW.
Alcoholism, private establishments and institutions, prescription of standards: RCW 71.12.550.
Armories, powers concerning: RCW 36.64.050, 38.20.020.
Assessments and charges against state lands: Chapter 79.44 RCW.
Assessor’s plats: Chapter 58.18 RCW.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
Auditing false claim, penalty: RCW 42.20.060.
Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
Blind made products, purchase of by cities and towns authorized: RCW
19.06.020.
Board of eminent domain commissioners, appointment of: RCW 8.12.260.
Bonds
airports: RCW 14.08.112.
declaratory judgments: Chapter 7.25 RCW.
eminent domain by cities: Chapter 8.12 RCW.
form, terms, maturity: Chapter 39.44 RCW.
industrial development: Chapter 39.84 RCW.
juvenile correctional institution, authorized investment: RCW 72.19.120.
mutual savings banks, authorized investment for: RCW 32.20.070,
32.20.090, 32.20.100.
refunding of: Chapter 39.53 RCW.
savings and loan associations, authorized investment: RCW 33.24.060,
33.24.070.
statewide city employees’ retirement system funds, investment in: RCW
41.44.100.
United States, sale of bonds to at private sale: Chapter 39.48 RCW.
utility or waterworks, refunding with general obligation funding bonds:
Chapter 39.53 RCW.
Boundaries and plats: Title 58 RCW.
Boundary review board, extension of water and sewer service beyond
corporate boundaries to go before: RCW 36.93.090.
Bribery of public officer: State Constitution Art. 2 § 30.
Bridges
as part of state highway system: Chapter 47.24 RCW.
eminent domain for: RCW 8.12.030.
Buildings
earthquake standards for construction: Chapter 70.86 RCW.
newly constructed, appraisal by assessor: RCW 36.21.070 and 36.21.080.
Burial of dead, authority to provide for: RCW 68.52.030.
Camping resort contracts—Nonapplicability of certain laws to—Club not
subdivision except under city, county powers: RCW 19.105.510.
Cemeteries: Title 68 RCW.
Charters
[Title 35 RCW—page 2]
alternative propositions, submission of: State Constitution Art. 11 § 10
(Amendment 40).
amendment by special law prohibited: State Constitution Art. 2 § 28(8).
power of certain cities to frame, procedure: State Constitution Art. 11 §
10 (Amendment 40).
City and town treasurers’ duties under Washington Clean Air Act: RCW
70.94.094.
City attorney
eminent domain by cities, military purposes, for, duties: RCW 8.04.170,
8.04.180.
food, drug and cosmetic act violations, prosecution by: RCW 69.04.160.
City council, unincorporated towns on United States land, powers of
review: RCW 58.28.520.
City engineer, tidelands and shorelands, records of plats filed with: RCW
79.94.040.
City halls, jointly with county courthouses: RCW 36.64.010 through
36.64.040.
City treasurer
bonds, compensation payment in eminent domain proceedings, liability on:
RCW 8.12.500.
cemetery improvement funds, deposit with: RCW 68.52.050.
cities of first class, employees’ retirement fund custodian: RCW
41.28.080.
city street fund, notice of illegal use: RCW 47.08.100.
firemen’s pension board member: RCW 41.16.020.
misappropriation of funds: RCW 42.20.090.
moneys to be deposited with treasurer: State Constitution Art. 11 § 15.
motor vehicle funds, distribution to: RCW 46.68.080.
police relief and pension board member: RCW 41.20.010.
use of money by official: State Constitution Art. 11 § 14.
Civil service, generally: Title 41 RCW.
Claims
auditing and paying false claim, penalty: RCW 42.20.060.
contracts and liabilities incurred in violation of indebtedness limitations
are void: RCW 39.36.040.
Classification by population: State Constitution Art. 11 § 10 (Amendment
40).
Clerks
city streets as part of state highway system certified to clerk: RCW
47.24.010.
firemen’s pension board member: RCW 41.16.020.
ordinances recorded by: RCW 5.44.080.
police relief and pension board of trustees member: RCW 41.20.010.
volunteer fire fighters’ relief and pension board of trustees, member of:
RCW 41.24.060.
Code of ethics for
municipal officers—Contract interests: Chapter 42.23 RCW.
public officers and employees: Chapter 42.52 RCW.
Commission form, nonpartisan primaries: Chapter 29.21 RCW.
Comptroller
first class cities retirement system, duties of: RCW 41.28.040, 41.28.080.
member firemen’s relief and pension boards: RCW 41.16.020, 41.16.040.
member volunteer fire fighters’ board of trustees: RCW 41.24.060,
41.24.070.
Conditional sales contracts for purchase of real or personal property:
RCW 39.30.010.
Continuity of government in event of enemy attack, succession to office of
executive heads: RCW 42.14.050.
Contractors’ registration, exemption from: RCW 18.27.090(1).
Contracts
for purchase of real or personal property: RCW 39.30.010.
indebtedness limitations, contracts made in violation of, void: RCW
39.36.040.
joint city halls with county courthouses: RCW 36.64.010 through
36.64.040.
parks and recreation cooperation: RCW 67.20.020.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
Corporate stock or bonds not to be owned by: State Constitution Art. 8 §
7.
(2002 Ed.)
Cities and Towns
Corporation counsel, eminent domain by cities, military purposes, for:
RCW 8.04.170, 8.04.180.
Counties, city harbor in two counties, effect upon assessments: RCW
36.08.030.
County highways, open spaces in cities and towns: Chapter 36.89 RCW.
County property, transfer to municipality, approval necessary: RCW
36.34.280.
County roads and bridges, assistance in finances: RCW 36.76.110.
County sewerage, water and drainage systems, authority, procedure:
Chapter 36.94 RCW.
Courthouses, jointly with city halls: RCW 36.64.010 through 36.64.040.
Creation by special act prohibited: State Constitution Art. 2 § 28(8).
Credit card use by local governments: RCW 43.09.2855.
Credit not to be loaned: State Constitution Art. 8 § 7.
Crimes
civil rights, denial by: RCW 9.91.010.
gambling: Chapters 9.46, 9.47 RCW.
Dams, ditches, etc., restrictions for purpose of fish conservation: Chapter
77.55 RCW.
Diking and drainage districts: Chapters 85.05, 86.09 RCW.
Drainage districts, inclusion within: RCW 85.06.230.
Earthquake standards for construction: Chapter 70.86 RCW.
Elective officers, recall: State Constitution Art. 1 §§ 33, 34 (Amendment 8),
chapter 29.82 RCW.
Electors, qualifications of: State Constitution Art. 6 § 1 (Amendment 63).
Electric
energy, falling waters—Sale or purchase authorized: RCW 43.52.410.
franchises and rights of way: Chapter 80.32 RCW.
revenue bonds, mutual savings banks, investment in: RCW 32.20.070,
32.20.100.
Electrical
apparatus use and construction rules, violation of, penalty: RCW
19.29.050.
installations, requirements and inspection: Chapter 19.28 RCW.
utilities, franchises for electrical utilities on streets: RCW 80.32.010.
Electricity, steam generation: RCW 43.21.250 through 43.21.410.
Elevators, lifting devices, and moving walks: Chapter 70.87 RCW.
Emergency vehicle, authorized, defined: RCW 46.04.040.
Eminent domain
bridges, for: RCW 8.12.030, 47.24.030.
generally: State Constitution Art. 1 § 16 (Amendment 9), Title 8 RCW.
limited access streets, acquisition of land, by: RCW 47.52.050.
state lands: RCW 8.12.030, 8.12.080, 79.01.128.
streets and highways, wharves and bridges for state highway purposes:
RCW 47.24.030.
watersheds, state land: RCW 79.01.128.
Fees, special permits for motor vehicle oversize or overweight movement,
fees paid to cities and towns, when: RCW 46.44.096.
Ferries, joint acquisition with counties: RCW 36.54.020.
Financing procedures, validation: Chapter 39.90 RCW.
Fines
payment into police relief and pension fund: RCW 41.20.130.
superior court jurisdiction to determine legality of: RCW 2.08.010.
supreme court jurisdiction to determine legality of: RCW 2.04.010.
Fire department vehicles, lighting, plates: RCW 46.37.184 through
46.37.188 and 46.37.190.
Fire fighters
chief as member of volunteer fire fighters’ relief and pension board of
trustees: RCW 41.24.060.
civil service, qualifications of applicants for positions: RCW 41.08.070.
jury duty, exemption from: RCW 2.36.080.
militia duty, exemption: RCW 38.44.030.
Fire fighters’ retirement and pension acts: Chapters 41.16, 41.18, 41.24
RCW.
Fire prevention, areas withdrawn from fire protection and emergency
medical districts: RCW 52.08.035.
Fire protection districts
(2002 Ed.)
Title 35
annexed to or incorporated into city or town, firemen’s retirement and job
security rights protected: RCW 41.16.250.
joint operation: RCW 52.08.035.
withdrawal from: RCW 52.08.025.
Fireworks, permit for: RCW 70.77.260.
First class cities
birth and death records, furnishing of, fees: RCW 70.58.107.
elections, names of candidates, order on ballots: RCW 29.21.010.
elections, nonpartisan primaries: Chapter 29.21 RCW.
harbor improvements, joint planning authorized: RCW 88.32.240,
88.32.250.
public health pooling fund: Chapter 70.12 RCW.
retirement and pensions: Chapter 41.28 RCW.
taxes, collection by county treasurer: RCW 36.29.100, 36.29.110.
vital statistics, primary registration district: RCW 70.58.010.
Flood control
benefits, liability for: RCW 86.09.529.
maintenance, state participation in: Chapter 86.26 RCW.
Food and beverage workers’ permits: Chapter 69.06 RCW.
Fourth class cities (see Towns, chapter 35.27 RCW).
Franchises and privileges
bridges jointly owned or operated with state: RCW 47.44.040.
electric franchises and rights of way on city streets: RCW 80.32.010.
Fresh pursuit, uniform act: Chapter 10.89 RCW.
Funds
assessment fund for compensation of eminent domain damages by city to
be kept separate: RCW 8.12.480.
city street fund, established, use: RCW 47.24.040.
city street fund, illegal use of, procedure to correct: RCW 47.08.100.
current expense, sale of unclaimed property: RCW 63.32.030.
general, justice and inferior courts act of 1961, bail forfeitures paid into:
RCW 3.30.090.
general, policemen’s relief and pension fund, surplus paid into general
fund: RCW 41.20.140.
motor vehicle fund, purposes authorized for use: RCW 36.82.070.
police pension, surplus funds to general fund: RCW 41.20.140.
police pension fund, sale of unclaimed property: RCW 63.32.030.
public health pooling fund, generally: Chapter 70.12 RCW.
statewide city employees’ retirement fund: RCW 41.44.100.
street, county road and bridge violations, fines paid into: RCW
36.82.210.
street, directional signs, paid from: RCW 47.36.040.
Gambling activities, cities or towns, as affecting: Chapter 9.46 RCW.
Garbage, eminent domain by cities for garbage dumps: RCW 8.12.030.
Grand jury, inquiry as to misconduct: RCW 10.27.100.
Harbor areas lying in two or more counties, transfer of territory: Chapter
36.08 RCW.
Harbor improvements, joint planning for by first class cities and counties:
RCW 88.32.240, 88.32.250.
Harbor line commission and restraint on disposition: State Constitution
Art. 15 § 1 (Amendment 15).
Health departments
generally: Chapters 70.05 and 70.08 RCW.
mentally ill: Chapter 43.20A RCW.
vital statistics: Chapter 70.58 RCW, RCW 70.58.107.
Health districts: Chapter 70.46 RCW.
Hearses, authority to provide: RCW 68.52.030.
Highway advertising control act of 1961 restricts placing of signs by:
Chapter 47.42 RCW.
Highway funds, allocation of: State Constitution Art. 2 § 40 (Amendment
18).
Highways
abandoned, transfer to city or town: RCW 36.75.090.
franchises: Chapter 47.44 RCW.
return of street to city or town: RCW 47.24.010.
roads or streets, cooperative agreements to benefit: RCW 47.28.140.
sale, lease or gift of municipally owned land to state for, without bids:
RCW 47.12.040.
vertical clearances over: RCW 46.44.020.
[Title 35 RCW—page 3]
Title 35
Title 35 RCW: Cities and Towns
Historical materials, expenditure of funds for preservation and exhibition
of authorized: RCW 27.48.010.
Hospitalization and medical aid for public employees and dependents,
premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Hospitals
eminent domain for: RCW 8.12.030.
for mentally ill, private establishments, prescription of standards: RCW
71.12.550.
joint operation with counties: RCW 36.62.030, 36.62.110.
Incorporation
fire protection districts, effect upon: RCW 52.08.021, 52.08.035.
general laws, must be under: State Constitution Art. 11 § 10 (Amendment
40).
Indebtedness
bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
computation of: RCW 39.36.030.
eminent domain, contracting indebtedness to pay compensation for,
reimbursement from local assessments: RCW 8.12.250.
limitations upon: State Constitution Art. 7 § 2 (Amendments 55, 59), Art.
8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 39.52.020,
84.52.050.
Industrial development revenue bonds: Chapter 39.84 RCW.
Insurance companies, excise or privilege taxes, state preemption: RCW
48.14.020(4).
Intergovernmental disposition of property: Chapter 39.33 RCW.
Investment
by mutual savings banks in bonds and warrants of: RCW 32.20.070,
32.20.120.
by savings and loan associations in bonds or warrants of: RCW
33.24.050.
of municipal funds in savings and loan associations by county or other
municipal corporation treasurer authorized: RCW 36.29.020.
of public and trust funds in federal agency bonds: Chapter 39.60 RCW.
Jails
city and county jails act: Chapter 70.48 RCW.
eminent domain for: RCW 8.12.030.
working of prisoners permitted: RCW 9.92.130.
Joint governmental activities: Chapter 36.64 RCW.
Joint operating agencies for electric power: Chapter 43.52 RCW.
Joint operations by municipal corporations, deposit and control of funds:
RCW 43.09.285.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Judicial officers, inferior, powers: RCW 2.28.090.
Labor relations consultants: RCW 43.09.230.
Legal publications: Chapter 65.16 RCW.
Libraries, conditional sales contracts by cities and towns for purchase of
property for libraries authorized, vote required if exceeds indebtedness: RCW 39.30.010.
Library service, contracts for authorized: RCW 27.12.180.
Library trustees, removal of: RCW 27.12.190.
Licenses, exemptions: RCW 36.71.090.
Liens for
employees for contributions to benefit plans: Chapter 60.76 RCW.
labor and materials on public works: Chapter 60.28 RCW.
Limitation of actions, application of statute of limitations to actions by:
RCW 4.16.160.
Limitation on tax levies: State Constitution Art. 7 § 2 (Amendments 55,
59), RCW 84.52.050.
Local adopt-a-highway programs: RCW 47.40.105.
Lost and found property: Chapter 63.21 RCW.
Markets and marketing, eminent domain by cities for: RCW 8.12.030.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Mayor
agent to receive summons: RCW 4.28.080.
bonds, signing of: RCW 39.52.020.
cemetery board, appointment by: RCW 68.52.045.
[Title 35 RCW—page 4]
cemetery improvement fund, indorsement by of payments from: RCW
68.52.050.
district court districting committee: RCW 3.38.010.
firemen’s pension board, member of: RCW 41.16.020.
issuance of search warrant by for violation of cigarette tax: RCW
82.24.190.
notification to of illegal use of city road funds: RCW 47.08.100.
police relief and pension board of trustees, member of: RCW 41.20.010.
public works contractor’s bond, liability of mayor for failure to take:
RCW 39.08.015.
state limited access facility through city or town, board of review to
review plan, mayor to appoint members of: RCW 47.52.150.
volunteer fire fighters’ relief and pension board member: RCW
41.24.060.
Meetings of governmental bodies, open to public: Chapter 42.30 RCW.
Mental health and retardation services—Interstate contracts by cities in
boundary counties: RCW 71.28.010.
Militia and military affairs, eminent domain for military purposes: RCW
8.04.170, 8.04.180.
Minutes of governmental bodies, open to public: Chapter 42.32 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
Motor vehicle excise fund, preemption by state: RCW 82.36.440.
Motor vehicle fuel tax
distribution of proceeds to: RCW 82.36.020.
refunds for urban transportation systems: RCW 82.36.275.
Motor vehicle fund, allocation of and distribution: RCW 46.68.110.
Motor vehicle inspection by: Chapter 46.32 RCW.
Motor vehicles, special permits for oversize or overweight movements,
collection of fees: RCW 46.44.096.
Municipal courts
authorization, establishment, generally: Chapter 3.46 RCW.
jurisdiction: State Constitution Art. 4 §§ 4, 6 (Amendment 28).
legislature may provide: State Constitution Art. 4 § 1.
traffic school for offenders, court may compel attendance: RCW
46.83.050.
Nuisances
powder magazine nearby is public nuisance, when: RCW 7.48.140.
public: Chapter 9.66 RCW.
Officers and employees
actions against, venue: RCW 4.12.020(2).
code of ethics—Contracts: Chapter 42.23 RCW.
code of ethics—State agencies and legislative employees: Chapter 42.52
RCW.
continuity of government in event of enemy attack, succession: RCW
42.14.050.
eligibility to hold office: RCW 42.04.020.
hospitalization and medical aid for employees and dependents: RCW
41.04.180, 41.04.190.
hours of labor: Chapter 49.28 RCW.
jury duty, exemption from: RCW 2.36.080.
military leave: RCW 38.40.060.
minimum wage: RCW 49.46.010(5).
misconduct, penalty: Chapter 42.20 RCW.
public moneys deposited with treasurer: State Constitution Art. 11 § 15.
salaries, not be changed during term: State Constitution Art. 11 § 8
(Amendment 57).
subversive activities: Chapter 9.81 RCW.
term not to be extended: State Constitution Art. 11 § 8 (Amendment 57).
use of public money by, felony: State Constitution Art. 11 § 14.
vacancies: Chapter 42.12 RCW.
Official bonds
payment of premiums: RCW 48.28.040.
security to city or town: Chapter 42.08 RCW.
Old age and survivors’ insurance: Chapters 41.47, 41.48 RCW.
Ordinances
adoption at public meetings: RCW 42.30.060.
air pollution control: Chapter 70.94 RCW.
airport joint operation: RCW 14.08.200(8).
combined city-county health department, establishment: RCW 70.08.010.
contractor’s bond: RCW 39.08.030.
declaratory judgment as to: Chapter 7.24 RCW.
(2002 Ed.)
Cities and Towns
electrical installations: RCW 19.28.010, 19.28.141.
eminent domain, authority to acquire recreational facilities by: RCW
67.20.010.
eminent domain, ordinance to provide methods of payment of compensation: RCW 8.12.040.
evidence, admissible as, when: RCW 5.44.080.
industrial insurance, benefits to injured employees under: RCW
51.12.050.
liquor control, power of municipalities to adopt police regulations: RCW
66.08.120.
minimum wage law supplementary to: RCW 49.46.120.
payment of lower wages than obligated, penalty: RCW 49.52.050.
plots resurvey authorized and regulation of: RCW 58.10.030, 58.10.040.
port district regulations, adoption: RCW 53.08.220.
recording as evidence of passage: RCW 5.44.080.
statewide city employees’ retirement, election to join by: RCW 41.44.050,
41.44.090.
water distribution system, city may accept conveyance of and agree to
maintain by: RCW 57.08.040.
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parks and recreation
authority to acquire and operate: RCW 67.20.010.
conditional sales contracts by cities and towns for purchase of property
for parks authorized, vote required if exceeds indebtedness: RCW
39.30.010.
districts: Chapter 36.69 RCW.
eminent domain by cities for: RCW 8.12.030.
state tidelands and shorelands: RCW 79.08.080, 79.08.090.
Peddlers’ and hawkers’ licenses: Chapter 36.71 RCW, RCW 73.04.050,
73.04.060.
Planning commissions
airport zoning commission, appointment as: RCW 14.12.070(2).
cemeteries, establishment or extension recommendations concerning:
RCW 68.20.080.
Plats and boundaries: Title 58 RCW.
Police
civil service, qualifications of applicants for positions: RCW 41.12.070.
enforcement of traffic laws or regulations: Chapter 46.64 RCW.
health regulations by state board of health, duty to enforce, penalty:
RCW 43.20.050.
jury duty, exempt from: RCW 2.36.080.
limited highway access facilities, concurrent jurisdiction: RCW 47.52.200.
militia, exemption from service: RCW 38.44.030.
motor vehicle accident reports: RCW 46.52.070.
motor vehicle dealer’s license application, police chief to certify: RCW
46.70.041.
pawnbroker reports to: RCW 19.60.040.
regulations to be enforced: State Constitution Art. 11 § 11.
retirement and pensions, first class cities: Chapter 41.20 RCW.
retirement and pensions, state-wide city employees’ retirement system:
Chapter 41.44 RCW.
second-hand dealers reports to: RCW 19.60.040.
unclaimed property: Chapter 63.32 RCW.
vehicle wreckers’ records, inspection by: RCW 46.80.080, 46.80.150.
Pollution control
eminent domain by cities for: RCW 8.12.030.
municipal bonding authority: Chapter 70.95A RCW.
Population determination, generally: Chapter 43.62 RCW.
Port district must submit park or recreational plans to municipal park
agency: RCW 53.08.270.
Port district regulations, adoption as city ordinance: RCW 53.08.220.
Powers of county commissioners to alter boundaries inapplicable where
boundary review board created: RCW 36.93.220.
Prepayment of taxes and assessments: RCW 35.21.650.
Printing: RCW 43.78.130 through 43.78.160.
Prisons (see Jails).
Property
forest lands, conveying to state for forestry purposes: RCW 76.12.040.
(2002 Ed.)
Title 35
intergovernmental disposition of: RCW 39.33.010.
sale, exchange, or lease to state or political subdivision authorized: RCW
39.33.010.
state highway purposes, acquisition for: RCW 47.12.040.
Public buildings, provision to be made for use by aged and handicapped:
Chapter 70.92 RCW.
Public contracts and indebtedness, generally: Title 39 RCW.
Public employment
civil service and retirement rights preserved when elective office assumed:
RCW 41.04.120.
subversive person ineligible: RCW 9.81.040.
wage deduction for charitable contributions: RCW 41.04.035, 41.04.036.
Public funds, private use prohibited: State Constitution Art. 11 § 14.
Public health pooling fund: Chapter 70.12 RCW.
Public lands, assessment against: Chapter 79.44 RCW.
Public markets, eminent domain by cities for: RCW 8.12.030.
Public utility districts
restrictions on use of power facilities: RCW 54.04.040.
tax on revenue: RCW 54.28.070.
Public works, liens for labor and materials performed: Chapter 60.28
RCW.
Purchases
authority to acquire and operate certain recreational facilities and camps:
Chapter 67.20 RCW.
conditional sales contracts for purchase of real or personal property:
RCW 39.30.010.
preferential, exceptions: RCW 19.06.020, 43.78.130 through 43.78.160.
Railroad
crossings, signals and devices, allocations of funds to defray costs of:
RCW 81.53.271 through 81.53.275, 81.53.281.
industrial crossing, inspection, not applicable within limits of first class
cities: RCW 81.54.040.
Railways, street: Chapter 81.64 RCW.
Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment
8), chapter 29.82 RCW.
Reclamation districts: Chapter 89.30 RCW.
Records
destruction of, procedure for: RCW 40.14.070.
historical records, transfer to depository agency, procedure for: RCW
40.14.070.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
Referendum, electric utility transmission line construction and maintenance
franchise: RCW 80.32.040.
Reincorporation, under general laws permitted to cities under special
charter: State Constitution Art. 11 § 10 (Amendment 40).
River and harbor improvement districts, planning: RCW 88.32.240.
Sanitary regulations may be enforced: State Constitution Art. 11 § 11.
Sanitation, secretary of health, assistance: RCW 70.54.040.
School districts, educational service districts, agreements with other
governmental entities for transportation of students or the public, or
for other noncommon school purposes—Limitations: RCW
28A.160.120.
Second class cities
elections, nonpartisan primaries: Chapter 29.21 RCW.
eminent domain by cities, construction of chapter as to second class cities:
RCW 8.12.560.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Service of summons on, personal service: RCW 4.28.080(2).
Sewer and water revenue bonds, mutual savings banks, investment in:
RCW 32.20.070, 32.20.100.
Sewerage improvement districts: Title 85 RCW.
Sewerage systems
eminent domain by cities for: RCW 8.12.030.
plans, submission to department of ecology: RCW 90.48.110.
[Title 35 RCW—page 5]
Title 35
Title 35 RCW: Cities and Towns
public nuisances concerning: RCW 7.48.140(2).
Sexually transmitted disease, treatment and control: Chapter 70.24 RCW.
Shorelands
generally: Title 79 RCW, chapter 90.58 RCW.
parks or playgrounds, application, grantor exchange: RCW 79.08.080,
79.08.090.
Soil and water conservation districts: Chapter 89.08 RCW.
Solid waste collection company provisions do not apply to: RCW
81.77.020.
Statewide city employees’ retirement: Chapter 41.44 RCW.
Streets and alleys
abandoned state highways as: RCW 36.75.090.
abandonment, waters backed over: RCW 90.28.020.
aid in construction or maintenance of by state or county, procedure:
RCW 47.24.050.
as extension of county road, shared maintenance: RCW 36.75.205.
as state highways, jurisdiction, maintenance and control: RCW
47.24.020.
closure or restrictions on traffic authorized: Chapter 47.48 RCW.
collection and removal of glass containers: RCW 47.40.090.
construction and maintenance aid by state or county, procedure: RCW
47.24.050.
county bridges across: RCW 36.75.200.
county may aid in construction and maintenance of: RCW 47.24.050.
dedication of county land for: RCW 36.34.290, 36.34.300.
dedication upon replat: RCW 79.94.110.
defined, motor vehicle law: RCW 46.04.120.
defined, state highway law: RCW 47.04.010(6).
eminent domain, for: RCW 8.12.030.
franchise rights on limited access facility and when joint governmental
facility: RCW 47.52.090.
lighting systems, water-sewer district powers in regard to: RCW
57.08.060.
limited access facilities, generally: Chapter 47.52 RCW.
obstructing is nuisance: RCW 7.48.120.
obstructing or interfering with, public nuisance, penalty: RCW 9.66.010.
state highways as, franchises across bridges jointly owned and operated:
RCW 47.44.040.
state highways as, generally: Chapter 47.24 RCW.
state land, easement or right of way over for city streets: RCW
79.01.340.
street materials, sale of material to cities and towns from public lands,
disposition of proceeds: RCW 79.01.176.
telecommunications companies’ use of rights of way: RCW 80.36.040.
tidelands and shorelands platting, dedication to public use: RCW
79.93.010.
traffic control devices for, generally: Chapters 46.61, 47.36 RCW.
vacation of by replat: RCW 79.94.120, 79.94.140.
Taverns, music permit: RCW 66.28.080.
Tax lien, acquisition by governmental unit of property subject to: RCW
84.60.050, 84.60.070.
Tax liens, priority of: RCW 84.60.010.
Taxation
collection by county treasurer: Chapter 36.29 RCW.
electricity, sale of by public utility districts: RCW 54.28.070.
excess levies authorized, when, procedure: RCW 84.52.052.
firemen’s pension fund, property tax for: RCW 41.16.060.
insurance companies, state preemption: RCW 48.14.020(4).
motor vehicle fuel excise tax, preemption by state: RCW 82.36.440.
power of: State Constitution Art. 11 § 12.
preemption, excise taxes: RCW 82.02.020.
preemption, motor vehicle fuel tax: RCW 82.36.440.
property tax
authorized to assess and collect general: State Constitution Art. 7
§ 9.
limitation on levies: State Constitution Art. 7 § 2 (Amendments 55,
59), RCW 84.52.050.
local taxes not to be imposed by legislature: State Constitution Art.
11 § 12.
power to assess and collect rests in city: State Constitution Art. 11
§ 12.
uniformity in respect to persons and property required: State
Constitution Art. 7 § 9.
[Title 35 RCW—page 6]
public utility district’s gross revenue: RCW 54.28.070.
refunding bonds, tax levy to meet payments and interest: RCW 39.52.035.
sales and use taxes: Chapter 82.14 RCW.
Taxing district relief act: Chapter 39.64 RCW.
Teletypewriter communications network, connection with, participation in:
RCW 43.89.030.
Tidelands
eminent domain, drainage: RCW 8.12.030.
extension of streets over: State Constitution Art. 15 § 3.
ownership of: State Constitution Art. 17 §§ 1, 2.
rentals, receipt by: RCW 79.92.110.
sale of, authority to sell to cities and towns: RCW 79.94.160.
Toll facilities, contributions by cities and towns for authorized, financing,
reimbursement: RCW 47.56.250.
Towns
actions against: RCW 4.08.120.
actions by in corporate name: RCW 4.08.110.
charter, amendment of by special act, prohibited: State Constitution Art.
2 § 28(8).
corporate stock or bonds not to be owned by: State Constitution Art. 8
§ 7.
credit not to be loaned, exception: State Constitution Art. 8 § 7.
indebtedness: State Constitution Art. 8 § 6 (Amendment 27).
limitation upon actions by: RCW 4.16.160.
moneys, deposited with treasurer: State Constitution Art. 11 § 15.
moneys, use of, by official, a felony: State Constitution Art. 11 § 14.
officers, salaries of, not to be changed during term: State Constitution
Art. 11 § 8.
officers, vacancies, not to be extended: State Constitution Art. 11 § 8.
organization under general laws required: State Constitution Art. 11 §
10 (Amendment 40).
plats, regulation of surveys and plats: RCW 58.10.040.
plats, resurvey and correction of: RCW 58.10.030.
police department, control and direction of: State Constitution Art. 11 §
11.
sanitary regulations may be enforced: State Constitution Art. 11 § 11.
service of summons on, personal service: RCW 4.28.080(2).
taxation, power of: State Constitution Art. 11 § 12.
Trade centers—Annual service fee—Distribution to cities: RCW 53.29.030.
Traffic schools: Chapter 46.83 RCW.
Transportation centers authorized: Chapter 81.75 RCW.
Transportation systems
exempt from motor freight carrier law: RCW 81.80.040(4).
motor vehicle fuel tax refunds: RCW 82.36.275.
Trees, plants, shrubs or vegetation, duty to disinfect or destroy: RCW
15.08.230.
Trusts for employee benefits: Chapter 49.64 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Uniform state standard of traffic devices, copy of to be furnished to: RCW
47.36.030.
Urban arterials, planning, construction, funds, bond issue, etc.: Chapter
47.26 RCW.
Utility poles, attachment of objects to, penalty: RCW 70.54.090, 70.54.100.
Vacancies in public office, causes, how filled: Chapter 42.12 RCW.
Vehicle wreckers’ regulation by, to conform with chapter 46.80 RCW:
RCW 46.80.160.
Venue of actions against public officers: RCW 4.12.020(2).
Veterans’ organizations, providing of meeting places for: RCW 73.04.070.
Veterans preference in public employment, reemployment: Chapter 73.16
RCW.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Washington clean air act: Chapter 70.94 RCW.
Water distribution systems, conveyance by water districts: Chapter 57.08
RCW.
Water-sewer districts
boundaries identical with, dissolution procedure: RCW 57.04.110.
inclusion within boundaries: RCW 57.04.020.
(2002 Ed.)
Cities and Towns
labor and materials: RCW 57.08.050.
Water pollution
depositing unwholesome matter in waters, public nuisance, penalty: RCW
9.66.050.
public utility districts, powers in regard to: RCW 54.16.050.
shellfish sanitation control, pollution laws and rules and regulations
applied to: RCW 69.30.130.
water supply, eminent domain by cities to prevent: RCW 8.12.030.
water supply, generally: RCW 70.54.010.
watersheds in adjoining state: RCW 70.54.030.
Water recreation facilities: Chapter 70.90 RCW.
Water revenue bonds, mutual savings banks, investment in: RCW
32.20.070, 32.20.100.
Water systems, bonds, refunding: Chapter 39.52 RCW.
Watercourses and waterways
city streets, improvement of slopes: RCW 79.93.030.
vacation of, grounds for, procedure: RCW 79.93.060.
Watersheds
eminent domain for: RCW 8.12.030, 8.28.050.
state land, condemnation or purchase by city or town permitted: RCW
79.01.128.
Weeds, duty to destroy, extermination areas: RCW 17.04.160.
Weights and measures, city sealer: RCW 19.94.280.
Wharves and landings
as part of state highway system: Chapter 47.24 RCW.
authorization of private construction: RCW 88.24.030.
35.01.040 Town. A town has a population of less
than fifteen hundred at the time of its organization and does
not operate under Title 35A RCW. [1997 c 361 § 10; 1994
c 81 § 5; 1965 c 7 § 35.01.040. Prior: 1963 c 119 § 2;
1955 c 319 § 5; prior: (i) 1890 p 140 § 11, part; RRS §
8932, part. (ii) 1890 p 141 § 13; RRS § 8934.]
Chapter 35.02
INCORPORATION PROCEEDINGS
Sections
35.02.001
35.02.005
35.02.010
35.02.015
35.02.017
35.02.020
35.02.030
35.02.035
35.02.037
35.02.039
35.02.040
35.02.070
35.02.078
Chapter 35.01
MUNICIPAL CORPORATIONS CLASSIFIED
Sections
35.01.010 First class city.
35.01.020 Second class city.
35.01.040 Town.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Determining population
generally: Chapter 43.62 RCW.
of annexed territory: RCW 35.13.260.
First class cities, generally: Chapter 35.22 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Second class cities, generally: Chapter 35.23 RCW.
Towns, generally: Chapter 35.27 RCW.
35.01.010 First class city. A first class city is a city
with a population of ten thousand or more at the time of its
organization or reorganization that has a charter adopted
under Article XI, section 10, of the state Constitution. [1994
c 81 § 3; 1965 c 7 § 35.01.010. Prior: 1955 c 319 § 2;
prior: (i) 1890 p 140 § 11, part; RRS § 8932, part. (ii)
1907 c 248 § 1, part; 1890 p 140 § 12, part; RRS § 8933,
part.]
35.01.020 Second class city. A second class city is
a city with a population of fifteen hundred or more at the
time of its organization or reorganization that does not have
a charter adopted under Article XI, section 10, of the state
Constitution, and does not operate under Title 35A RCW.
[1997 c 361 § 9; 1994 c 81 § 4; 1965 c 7 § 35.01.020.
Prior: 1955 c 319 § 3; prior: (i) 1890 p 140 § 11, part;
RRS § 8932, part. (ii) 1907 c 248 § 1, part; 1890 p 140 §
12, part; RRS § 8933, part.]
(2002 Ed.)
Title 35
35.02.086
35.02.090
35.02.100
35.02.110
35.02.120
35.02.125
35.02.130
35.02.132
35.02.135
35.02.137
35.02.139
35.02.140
35.02.150
35.02.155
35.02.160
35.02.170
35.02.180
35.02.190
35.02.200
35.02.202
35.02.205
Actions subject to review by boundary review board.
Purpose.
Authority for incorporation—Number of inhabitants required.
Proposed incorporations—Notice to county—Boundary review board hearing.
County auditor shall provide identification number.
Petition for incorporation—Signatures—Filing deadline.
Petition for incorporation—Contents.
Petition—Auditor’s duties.
Petition—Notice of certification.
Public hearing—Time limitations.
Public hearing—Publication of notice.
Public hearing by county legislative authority—
Establishment of boundaries—Limitations.
Elections—Question of incorporation—Nomination and
election of officers.
Elections—Candidates—Filing—Withdrawal—Ballot position.
Elections—Conduct—Voters’ qualifications.
Election on question of incorporation—Notice—Contents.
Election on question of incorporation—Ballots.
Election on question of incorporation—Certification of results.
Newly incorporated city or town—Liability for costs of
elections.
Newly incorporated city or town—Effective date of incorporation—Powers during interim period—Terms of elected
officers—First municipal election.
Newly incorporated city or town—Budgets.
Newly incorporated city or town—May borrow from municipal sales and use tax equalization account.
Newly incorporated city or town—Moratoria on development permits and approvals.
Newly incorporated city or town—First general election of
councilmembers or commissioners—Initial, subsequent
terms.
Disposition of uncollected road district taxes.
Pending final disposition of petition no other petition for
incorporation to be acted upon—Withdrawal or substitution—Action on petition for annexation authorized.
Effect of proposed annexation on petition.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory incorporated—
Regulation of solid waste collection.
Use of right of way line as corporate boundary—When right
of way may be included.
Ownership of county roads to revert to city or town—
Territory within city or town to be removed from fire
protection, road, and library districts.
Annexation/incorporation of fire protection district—Transfer
of assets when at least sixty percent of assessed valuation is annexed or incorporated in city or town.
Annexation/incorporation of fire protection district—
Ownership of assets of fire protection district—When
less than sixty percent.
Annexation/incorporation of fire protection district—Delay
of transfer.
Annexation/incorporation of fire protection district—
Distribution of assets of district when less than five
[Title 35 RCW—page 7]
Chapter 35.02
Title 35 RCW: Cities and Towns
percent of district annexed—Distribution agreement—
Arbitration.
35.02.210 Fire protection district and library district—Continuation of
services at option of city or town.
35.02.220 Duty of county and road, library, and fire districts to continue services during transition period—Road maintenance
and law enforcement services.
35.02.225 County may contract to provide essential services.
35.02.230 Incorporation of city or town located in more than one
county—Powers and duties of county after incorporation—Costs.
35.02.240 Incorporation of city or town located in more than one
county—Taxes—Powers and duties of county after
incorporation—Costs.
35.02.250 Corporate powers in dealings with federal government.
35.02.260 Duty of department of community, trade, and economic
development to assist newly incorporated cities and
towns.
35.02.270 Other local governments and state agencies—May assist
newly incorporated cities and towns.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Fire protection districts, effect upon: Chapter 52.22 RCW.
Incorporation of municipalities: State Constitution Art. 11 § 10 (Amendment 40).
Incorporation proceedings exempt from State Environmental Policy Act:
RCW 36.93.170, 43.21C.220.
35.02.001 Actions subject to review by boundary
review board. The incorporation of a city or town is
subject to review by a boundary review board under chapter
36.93 RCW if a boundary review board exists in the county
in which all or any portion of the territory proposed to be
incorporated is located. [1994 c 216 § 11; 1989 c 84 § 25.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.005 Purpose. The purpose of chapter 35.02
RCW is to provide a clear and uniform process for the
incorporation of cities or towns operating under either Title
35 or 35A RCW. An incorporation may result in the
creation of a second class city or town operating under Title
35 RCW or a noncharter code city operating under Title 35A
RCW. [1994 c 81 § 6; 1986 c 234 § 1.]
35.02.010 Authority for incorporation—Number of
inhabitants required. Any contiguous area containing not
less than one thousand five hundred inhabitants lying outside
the limits of an incorporated city or town may become incorporated as a city or town operating under Title 35 or 35A
RCW as provided in this chapter: PROVIDED, That no area
which lies within five air miles of the boundary of any city
having a population of fifteen thousand or more shall be
incorporated which contains less than three thousand
inhabitants. [1994 c 216 § 12; 1986 c 234 § 2; 1969 c 48 §
1; 1965 c 7 § 35.02.010. Prior: 1963 c 57 § 1; 1890 p 131
§ 1; 1888 p 221 § 1; 1877 p 173 § 1; 1871 p 51 § 1; RRS
§ 8883.]
Reviser’s note: The current definition of "town" under RCW
35.01.040 precludes the incorporation of a town under this section.
Effective date—1994 c 216: See note following RCW 35.02.015.
Validation—1961 ex.s. c 16: Validation of certain incorporations and
annexations—Municipal corporations of the fourth class: See note
following RCW 35.21.010.
Validating—1899 c 61: "Any municipal corporation which has been
incorporated under the existing laws of this state shall be a valid municipal
corporation notwithstanding a failure to publish the notice of the election
[Title 35 RCW—page 8]
held or to be held for the purpose of determining whether such city should
or shall become incorporated, for the length of time required by law
governing such incorporation: PROVIDED, A notice fulfilling in other
respects the requirements of law shall have been published for one week
prior to such election in a newspaper printed and published within the
boundaries of the corporation." [1899 c 61 p 103 § 1.]
Validating—1893 c 80: "The incorporation of all cities and towns in
this state heretofore had or attempted under sections one, two and three of
an act entitled ’An act providing for the organization, classification,
incorporation and government of municipal corporations, and declaring an
emergency,’ approved March 24, 1890, and the re-incorporation of all cities
and towns in this state heretofore had or attempted under sections one, four
and five of said act, under which attempted incorporation or re-incorporation
an organized government has been maintained since the date thereof, is
hereby for all purposes declared legal and valid, and such cities and towns
are hereby declared duly incorporated. And all contracts and obligations
heretofore made, entered into or incurred by any such city or town so
incorporated or re-incorporated are hereby declared legal and valid and of
full force and effect." [1893 c 80 p 183 § 1.]
Validating—1890 c 7: "When so incorporated, the debts due from
such town, village or city to any person, firm or corporation may be
assumed and paid by the municipal authorities of such town, village or city;
and all debts due to such town, village or city from any person, firm or
corporation shall be deemed ratified, and may be collected in the same
manner and in all respects as though such original incorporation were
valid." [1890 c 7 p 136 § 7.]
35.02.015 Proposed incorporations—Notice to
county—Boundary review board hearing. Any person
proposing the incorporation of a city or town shall file a
notice of the proposed incorporation with the county legislative authority of the county in which all or the major portion
of the proposed city or town is located. The notice shall
include the matters required to be included in the incorporation petition under RCW 35.02.030 and be accompanied by
both a one hundred dollar filing fee and an affidavit from the
person stating that he or she is a registered voter residing in
the proposed city or town.
The county legislative authority shall promptly notify
the boundary review board of the proposed incorporation,
which shall hold a public meeting on the proposed incorporation within thirty days of the notice being filed where
persons favoring and opposing the proposed incorporation
may state their views. If a boundary review board does not
exist in the county, the county legislative authority shall
provide the public meeting. The public meeting shall be
held at a location in or near the proposed city or town.
Notice of the public meeting shall be published in a newspaper of general circulation in the area proposed to be incorporated at least once ten days prior to the public meeting.
[1994 c 216 § 1.]
Effective date—1994 c 216: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 1, 1994]." [1994 c 216 § 21.]
35.02.017 County auditor shall provide identification number. Within one working day after the public
meeting under RCW 35.02.015, the county auditor shall
provide an identification number for the incorporation effort
to the person who made the notice of proposing the incorporation. The identification number shall be included on the
petition proposing the incorporation.
The petition proposing the incorporation may retain the
proposed boundaries and other matters as described in the
(2002 Ed.)
Incorporation Proceedings
notice, or may alter the proposed boundaries and other
matters. [1994 c 216 § 2.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.020 Petition for incorporation—Signatures—
Filing deadline. A petition for incorporation must be signed
by registered voters resident within the limits of the proposed city or town equal in number to at least ten percent of
the number of voters residing within the proposed city or
town and filed with the auditor of the county in which all, or
the largest portion of, the proposed city or town is located.
The petition must be filed with the auditor by no later than
one hundred eighty days after the date the public meeting on
the proposed incorporation was held under RCW 35.02.015,
or the next regular business day following the one hundred
eightieth day if the one hundred eightieth day is not a
regular business day. [1994 c 216 § 4; 1986 c 234 § 3;
1965 c 7 § 35.02.020. Prior: 1957 c 173 § 2; prior: 1953
c 219 § 1; 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part;
1877 p 173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884,
part.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.030 Petition for incorporation—Contents.
The petition for incorporation shall: (1) Indicate whether the
proposed city or town shall be a noncharter code city
operating under Title 35A RCW, or a city or town operating
under Title 35 RCW; (2) indicate the form or plan of
government the city or town is to have; (3) set forth and
particularly describe the proposed boundaries of the proposed
city or town; (4) state the name of the proposed city or
town; (5) state the number of inhabitants therein, as nearly
as may be; and (6) pray that the city or town be incorporated. The petition shall conform to the requirements for
form prescribed in RCW 35A.01.040. The petition shall
include the identification number provided under RCW
35.02.017 and state the last date by which the petition may
be filed, as determined under RCW 35.02.020.
If the proposed city or town is located in more than one
county, the petition shall be prepared in such a manner as to
indicate the different counties within which the signators
reside.
A city or town operating under Title 35 RCW may have
a mayor/council, council/manager, or commission form of
government. A city operating under Title 35A RCW may
have a mayor/council or council/manager plan of government.
If the petition fails to specify the matters described in
subsection (1) of this section, the proposal shall be to
incorporate as a noncharter code city. If the petition fails to
specify the matter described in subsection (2) of this section,
the proposal shall be to incorporate with a mayor/council
form or plan of government. [1994 c 216 § 3; 1986 c 234
§ 4; 1965 c 7 § 35.02.030. Prior: 1957 c 173 § 3; prior:
1953 c 219 § 2; 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2,
part; 1877 p 173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS §
8884, part.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.035 Petition—Auditor’s duties. The county
auditor shall within thirty days from the time of receiving
(2002 Ed.)
35.02.017
said petition determine if the petition contains a sufficient
number of valid signatures. If the proposed city or town is
located in more than one county, the auditor shall immediately transmit a copy of the petition to the auditor of the
other county or counties within which the proposed city or
town is located. Each of these other county auditors shall
certify the number of valid signatures thereon of voters
residing in the county and transmit the certification to the
auditor of the county with whom the petition was originally
filed. This auditor shall determine if the petition contains a
sufficient number of valid signatures. If the petition is certified as having sufficient valid signatures, the county auditor
shall transmit said petition, accompanied by the certificate of
sufficiency, to the county legislative authority or authorities
of the county or counties within which the proposed city or
town is located. [1986 c 234 § 5; 1965 c 7 § 35.02.035.
Prior: 1953 c 219 § 8.]
35.02.037 Petition—Notice of certification. The
county auditor who certifies the sufficiency of the petition
shall notify the person or persons who submitted the petition
of its sufficiency within five days of when the determination
of sufficiency is made. Notice shall be by certified mail and
may additionally be made by telephone. If a boundary
review board or boards exists in the county or counties in
which the proposed city or town is located, the petitioners
shall file notice of the proposed incorporation with the
boundary review board or boards. [1986 c 234 § 6.]
35.02.039 Public hearing—Time limitations. (1)
The county legislative authority of the county in which the
proposed city or town is located shall hold a public hearing
on the proposed incorporation if no boundary review board
exists in the county. The public hearing shall be held within
sixty days of when the county auditor notifies the legislative
authority of the sufficiency of the petition if no boundary
review board exists in the county, or within ninety days of
when notice of the proposal is filed with the boundary
review board if the boundary review board fails to take
jurisdiction over the proposal. The public hearing may be
continued to other days, not extending more than sixty days
beyond the initial hearing date. If the boundary review
board takes jurisdiction, the county legislative authority shall
not hold a public hearing on the proposal.
(2) If the proposed city or town is located in more than
one county, a public hearing shall be held in each of the
counties by the county legislative authority or boundary
review board. Joint public hearings may be held by two or
more county legislative authorities, or two or more boundary
review boards. [1994 c 216 § 14; 1986 c 234 § 7.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.040 Public hearing—Publication of notice.
Notice of the public hearing by the county legislative
authority on the proposed incorporation shall be by one
publication in not more than ten nor less than three days
prior to the date set for said hearing in one or more newspapers of general circulation within the area proposed to be
incorporated. Said notice shall contain the time and place of
said hearing. [1986 c 234 § 8; 1965 c 7 § 35.02.040. Prior:
1957 c 173 § 4; prior: 1953 c 219 § 3; 1890 p 131 § 2,
[Title 35 RCW—page 9]
35.02.040
Title 35 RCW: Cities and Towns
part; 1888 p 221 §§ 1, 2, part; 1877 p 173 §§ 1, 2, part;
1871 p 51 § 1, part; RRS § 8884, part.]
35.02.070 Public hearing by county legislative
authority—Establishment of boundaries—Limitations.
(1) If a county legislative authority holds a public hearing on
a proposed incorporation, it shall establish and define the
boundaries of the proposed city or town, being authorized to
decrease or increase the area proposed in the petition under
the same restrictions that a boundary review board may
modify the proposed boundaries. The county legislative
authority, or the boundary review board if it takes jurisdiction, shall determine the number of inhabitants within the
boundaries it has established.
(2) A county legislative authority shall disapprove the
proposed incorporation if, without decreasing the area
proposed in the petition, it does not conform with RCW
35.02.010. A county legislative authority may not otherwise
disapprove a proposed incorporation.
(3) A county legislative authority or boundary review
board has jurisdiction only over that portion of a proposed
city or town located within the boundaries of the county.
[1994 c 216 § 17; 1986 c 234 § 9; 1975 1st ex.s. c 220 § 3;
1965 c 7 § 35.02.070. Prior: 1963 c 57 § 2; 1957 c 173 §
7; prior: 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part;
1877 p 173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884,
part.]
Effective date—1994 c 216: See note following RCW 35.02.015.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Incorporation subject to approval by boundary review board: RCW
36.93.090.
35.02.078 Elections—Question of incorporation—
Nomination and election of officers. An election shall be
held in the area proposed to be incorporated to determine
whether the proposed city or town shall be incorporated
when the boundary review board takes action on the proposal other than disapproving the proposal, or if the county
legislative authority does not disapprove the proposal as
provided in RCW 35.02.070. Voters at this election shall
determine if the area is to be incorporated.
The initial election on the question of incorporation shall
be held at the next special election date specified in RCW
29.13.020 that occurs sixty or more days after the final
public hearing by the county legislative authority or authorities, or action by the boundary review board or boards. The
county legislative authority or authorities shall call for this
election and, if the incorporation is approved, shall call for
other elections to elect the elected officials as provided in
this section. If the vote in favor of the incorporation
receives forty percent or less of the total vote on the question of incorporation, no new election on the question of
incorporation for the area or any portion of the area proposed to be incorporated may be held for a period of three
years from the date of the election in which the incorporation failed.
If the incorporation is authorized as provided by RCW
35.02.120, separate elections shall be held to nominate and
elect persons to fill the various elective offices prescribed by
law for the population and type of city or town, and to
[Title 35 RCW—page 10]
which it will belong. The primary election to nominate
candidates for these elective positions shall be held at the
next special election date, as specified in RCW 29.13.020,
that occurs sixty or more days after the election on the
question of incorporation. The election to fill these elective
positions shall be held at the next special election date, as
specified in RCW 29.13.020, that occurs thirty or more days
after certification of the results of the primary election.
[1994 c 216 § 18; 1986 c 234 § 10.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.086 Elections—Candidates—Filing—
Withdrawal—Ballot position. Each candidate for a city or
town elective position shall file a declaration of candidacy
with the county auditor of the county in which all or the
major portion of the city or town is located, not more than
forty-five nor less than thirty days prior to the primary
election at which the initial elected officials are nominated.
The elective positions shall be as provided in law for the
type of city or town and form or plan of government
specified in the petition to incorporate, and for the population of the city or town as determined by the county legislative authority or boundary review board where applicable.
Any candidate may withdraw his or her declaration at any
time within five days after the last day allowed for filing
declaration of candidacy. All names of candidates to be
voted upon shall be printed upon the ballot alphabetically in
groups under the designation of the respective titles of
offices for which they are candidates. Names of candidates
printed upon the ballot need not be rotated. [1986 c 234 §
11; 1965 c 7 § 35.02.086. Prior: 1953 c 219 § 9.]
35.02.090 Elections—Conduct—Voters’ qualifications. The elections on the proposed incorporation and for
the nomination and election of the initial elected officials
shall be conducted in accordance with the general election
laws of the state, except as provided in this chapter. No
person is entitled to vote thereat unless he or she is a
qualified elector of the county, or any of the counties in
which the proposed city or town is located, and has resided
within the limits of the proposed city or town for at least
thirty days next preceding the date of election. [1986 c 234
§ 12; 1965 c 7 § 35.02.090. Prior: 1890 p 133 § 3, part;
RRS § 8885, part.]
35.02.100 Election on question of incorporation—
Notice—Contents. The notice of election on the question
of the incorporation shall be given as provided by RCW
29.27.080 but shall further describe the boundaries of the
proposed city or town, its name, and the number of inhabitants ascertained by the county legislative authority or the
boundary review board to reside in it. [1986 c 234 § 13;
1965 c 7 § 35.02.100. Prior: 1957 c 173 § 9; prior: 1953
c 219 § 5; 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part;
1877 p 173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884,
part.]
35.02.110 Election on question of incorporation—
Ballots. The ballots in the initial election on the question of
incorporation shall contain the words "for incorporation" and
"against incorporation" or words equivalent thereto. [1986
(2002 Ed.)
Incorporation Proceedings
c 234 § 14; 1965 c 7 § 35.02.110. Prior: 1957 c 173 § 10;
prior: 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877
p 173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.120 Election on question of incorporation—
Certification of results. If the results reveal that a majority
of the votes cast are for incorporation, the city or town shall
become incorporated as provided in RCW 35.02.130. If the
proposed city or town is located in more than one county,
the auditors of the county or counties in which the smaller
portion or portions of the proposed city or town is located
shall forward a certified copy of the election results to the
auditor of the county within which the major portion is
located. This auditor shall add these totals to the totals in
his or her county and certify the results to each of the county
legislative authorities. [1986 c 234 § 15; 1965 c 7 §
35.02.120. Prior: 1953 c 219 § 6; 1890 p 133 § 3, part;
RRS § 8885, part.]
Canvassing returns, generally: Chapter 29.62 RCW.
Conduct of elections—Canvass: RCW 29.13.040.
35.02.125 Newly incorporated city or town—
Liability for costs of elections. A newly incorporated city
or town shall be liable for its proportionate share of the costs
of all elections, after the election on whether the area should
be incorporated, at which an issue relating to the city or
town is placed before the voters, as if the city or town was
in existence after the election at which voters authorized the
area to incorporate. [1991 c 360 § 2.]
35.02.130 Newly incorporated city or town—
Effective date of incorporation—Powers during interim
period—Terms of elected officers—First municipal
election. The city or town officially shall become incorporated at a date from one hundred eighty days to three hundred sixty days after the date of the election on the question
of incorporation. An interim period shall exist between the
time the newly elected officials have been elected and
qualified and this official date of incorporation. During this
interim period, the newly elected officials are authorized to
adopt ordinances and resolutions which shall become effective on or after the official date of incorporation, and to
enter into contracts and agreements to facilitate the transition
to becoming a city or town and to ensure a continuation of
governmental services after the official date of incorporation.
Periods of time that would be required to elapse between the
enactment and effective date of such ordinances, including
but not limited to times for publication or for filing referendums, shall commence upon the date of such enactment as
though the city or town were officially incorporated.
During this interim period, the city or town governing
body may adopt rules establishing policies and procedures
under the state environmental policy act, chapter 43.21C
RCW, and may use these rules and procedures in making
determinations under the state environmental policy act,
chapter 43.21C RCW.
During this interim period, the newly formed city or
town and its governing body shall be subject to the following as though the city or town were officially incorporated:
RCW 4.24.470 relating to immunity; chapter 42.17 RCW
relating to open government; chapter 40.14 RCW relating to
(2002 Ed.)
35.02.110
the preservation and disposition of public records; chapters
42.20 and 42.23 RCW relating to ethics and conflicts of
interest; chapters 42.30 and 42.32 RCW relating to open
public meetings and minutes; RCW 35.22.288, 35.23.221,
35.27.300, 35A.12.160, as appropriate, and chapter 35A.65
RCW relating to the publication of notices and ordinances;
RCW 35.21.875 and 35A.21.230 relating to the designation
of an official newspaper; RCW 36.16.138 relating to liability
insurance; RCW 35.22.620, 35.23.352, and 35A.40.210, as
appropriate, and statutes referenced therein relating to public
contracts and bidding; and chapter 39.34 RCW relating to
interlocal cooperation. Tax anticipation or revenue anticipation notes or warrants and other short-term obligations may
be issued and funds may be borrowed on the security of
these instruments during this interim period, as provided in
chapter 39.50 RCW. Funds also may be borrowed from
federal, state, and other governmental agencies in the same
manner as if the city or town were officially incorporated.
RCW 84.52.020 and 84.52.070 shall apply to the extent
that they may be applicable, and the governing body of such
city or town may take appropriate action by ordinance during
the interim period to adopt the property tax levy for its first
full calendar year following the interim period.
The governing body of the new city or town may
acquire needed facilities, supplies, equipment, insurance, and
staff during this interim period as if the city or town were in
existence. An interim city manager or administrator, who
shall have such administrative powers and duties as are
delegated by the governing body, may be appointed to serve
only until the official date of incorporation. After the
official date of incorporation the governing body of such a
new city organized under the council manager form of
government may extend the appointment of such an interim
manager or administrator with such limited powers as the
governing body determines, for up to ninety days. This
governing body may submit ballot propositions to the voters
of the city or town to authorize taxes to be collected on or
after the official date of incorporation, or authorize an
annexation of the city or town by a fire protection district or
library district to be effective immediately upon the effective
date of the incorporation as a city or town.
The boundaries of a newly incorporated city or town
shall be deemed to be established for purposes of RCW
84.09.030 on the date that the results of the initial election
on the question of incorporation are certified or the first day
of January following the date of this election if the newly incorporated city or town does not impose property taxes in
the same year that the voters approve the incorporation.
The newly elected officials shall take office immediately
upon their election and qualification with limited powers
during this interim period as provided in this section. They
shall acquire their full powers as of the official date of
incorporation and shall continue in office until their successors are elected and qualified at the next general municipal
election after the official date of incorporation: PROVIDED,
That if the date of the next general municipal election is less
than twelve months after the date of the first election of
councilmembers, those initially elected councilmembers shall
serve until their successors are elected and qualified at the
next following general municipal election as provided in
RCW 29.04.170. For purposes of this section, the general
municipal election shall be the date on which city and town
[Title 35 RCW—page 11]
35.02.130
Title 35 RCW: Cities and Towns
general elections are held throughout the state of Washington, pursuant to RCW 29.13.020.
In any newly incorporated city that has adopted the
council-manager form of government, the term of office of
the mayor, during the interim period only, shall be set by the
council, and thereafter shall be as provided by law.
The official date of incorporation shall be on a date
from one hundred eighty to three hundred sixty days after
the date of the election on the question of incorporation, as
specified in a resolution adopted by the governing body
during this interim period. A copy of the resolution shall be
filed with the county legislative authority of the county in
which all or the major portion of the newly incorporated city
or town is located. If the governing body fails to adopt such
a resolution, the official date of incorporation shall be three
hundred sixty days after the date of the election on the question of incorporation. The county legislative authority of the
county in which all or the major portion of the newly
incorporated city or town is located shall file a notice with
the county assessor that the city or town has been authorized
to be incorporated immediately after the favorable results of
the election on the question of incorporation have been
certified. The county legislative authority shall file a notice
with the secretary of state that the city or town is incorporated as of the official date of incorporation. [1997 c 361 § 11;
1994 c 154 § 308; 1991 c 360 § 3; 1986 c 234 § 16; 1965
c 7 § 35.02.130. Prior: 1953 c 219 § 7; 1890 p 133 § 3,
part; RRS § 8885, part.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Times for holding elections: Chapter 29.13 RCW.
35.02.132 Newly incorporated city or town—
Budgets. The newly elected officials shall adopt an interim
budget for the interim period or until January 1 of the
following year, whichever occurs first. A second interim
budget shall be adopted for any period between January 1
and the official date of incorporation. These interim budgets
shall be adopted in consultation with the state auditor.
The governing body shall adopt a budget for the newly
incorporated city or town for the period between the official
date of incorporation and January 1 of the following year.
The mayor or governing body, whichever is appropriate shall
prepare or the governing body may direct the interim city
manager to prepare a preliminary budget in detail to be made
public at least sixty days before the official date of incorporation as a recommendation for the final budget. The mayor,
governing body, or the interim city manager shall submit as
a part of the preliminary budget a budget message that
contains an explanation of the budget document, an outline
of the recommended financial policies and programs of the
city or town for the ensuing fiscal year, and a statement of
the relation of the recommended appropriation to such
policies and programs. Immediately following the release of
the preliminary budget, the governing body shall cause to be
published a notice once each week for two consecutive
weeks of a public hearing to be held at least twenty days
before the official date of incorporation on the fixing of the
final budget. Any taxpayer may appear and be heard for or
against any part of the budget. The governing body may
make such adjustments and changes as it deems necessary
[Title 35 RCW—page 12]
and may adopt the final budget at the conclusion of the
public hearing or at any time before the official date of
incorporation. [1995 c 301 § 33; 1991 c 360 § 4.]
35.02.135 Newly incorporated city or town—May
borrow from municipal sales and use tax equalization
account. Upon the certification of election of officers, the
governing body may by resolution borrow money from the
municipal sales and use tax equalization account, up to one
hundred thousand dollars or five dollars per capita based on
the population estimate required by RCW 35.02.030,
whichever is less.
The loan authorized by this section shall be repaid over
a three-year period. The state treasurer shall withhold
moneys from the funds otherwise payable to the city or town
that has obtained such a loan, either from the municipal sales
and use tax equalization account or from sales and use tax
entitlements otherwise distributable to such city or town, so
that the account is fully reimbursed over the three-year
period. The state treasurer shall adopt by rule procedures to
accomplish the purpose of this section on a reasonable and
equitable basis over the three-year period. [1991 c 360 § 5.]
35.02.137 Newly incorporated city or town—
Moratoria on development permits and approvals.
During the interim period, the governing body of the newly
formed city or town may adopt resolutions establishing
moratoria during the interim transition period on the filing of
applications with the county for development permits or
approvals, including, but not limited [to], subdivision
approvals, short subdivision approvals, and building permits.
[1991 c 360 § 11.]
35.02.139 Newly incorporated city or town—First
general election of councilmembers or commissioners—
Initial, subsequent terms. An election shall be held to
elect city or town elected officials at the next municipal
general election occurring more than twelve months after the
date of the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of
the city or town council shall be established at this election,
where the simple majority of the persons elected as
councilmembers receiving the greatest numbers of votes shall
be elected to four-year terms of office and the remainder of
the persons elected as councilmembers shall be elected to
two-year terms of office. Newly elected councilmembers or
newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly
elected commissioners shall not be staggered, as provided in
chapter 35.17 RCW. All councilmembers and commissioners who are elected subsequently shall be elected to fouryear terms of office and shall serve until their successors are
elected and qualified and assume office in accordance with
RCW 29.04.170. [1994 c 223 § 9.]
35.02.140 Disposition of uncollected road district
taxes. Whenever in any territory forming a part of an
incorporated city or town which is part of a road district, and
road district regular property taxes are collectable on any
property within such territory, the same shall, when collected
(2002 Ed.)
Incorporation Proceedings
by the county treasurer, be paid to such city or town and
placed in the city or town street fund by the city or town;
except that road district taxes that are delinquent before the
date of incorporation shall be paid to the county and placed
in the county road fund. This section shall not apply to
excess property tax levies securing general indebtedness or
any special assessments due in behalf of such property.
[2001 c 299 § 1; 1986 c 234 § 20; 1965 c 7 § 35.02.140.
Prior: 1957 c 180 § 1.]
County road districts: RCW 36.75.060.
35.02.150 Pending final disposition of petition no
other petition for incorporation to be acted upon—
Withdrawal or substitution—Action on petition for
annexation authorized. After the filing of any petition for
incorporation with the county auditor, and pending its final
disposition as provided for in this chapter, no other petition
for incorporation which embraces any of the territory included therein shall be acted upon by the county auditor, the
county legislative authority, or the boundary review board,
or by any other public official or body that might otherwise
be empowered to receive or act upon such a petition:
PROVIDED, That any petition for incorporation may be
withdrawn by a majority of the signers thereof at any time
before such petition has been certified by the county auditor
to the county legislative authority: PROVIDED FURTHER,
That a new petition may be substituted therefor that embraces other or different boundaries, incorporation as a city or
town operating under a different title of law, or for incorporation as a city or town operating under a different plan or
form of government, by a majority of the signers of the
original incorporation petition, at any time before the original
petition has been certified by the county auditor to the
county legislative authority, in which case the same proceedings shall be taken as in the case of an original petition. A
boundary review board, county auditor, county legislative
authority, or any other public official or body may act upon
a petition for annexation before considering or acting upon
a petition for incorporation which embraces some or all of
the same territory, without regard to priority of filing. [1986
c 234 § 23; 1982 c 220 § 3; 1973 1st ex.s. c 164 § 1; 1965
c 7 § 35.02.150. Prior: 1961 c 200 § 1.]
Severability—1982 c 220: See note following RCW 36.93.100.
35.02.155 Effect of proposed annexation on petition.
For a period of ninety days after a petition proposing the
incorporation of a city or town is filed with the county
auditor, a petition or resolution proposing the annexation of
any portion of the territory included in the incorporation
proposal may be filed or adopted and the proposed annexation may continue following the applicable statutory
procedures. Territory that ultimately is annexed, as a result
of the filing of such an annexation petition or adoption of
such an annexation resolution during this ninety-day period,
shall be withdrawn from the incorporation proposal.
A proposed annexation of a portion of the territory
included within the proposed incorporation, that is initiated
by the filing of an annexation petition or adoption of an
annexation resolution after this ninety-day period, shall be
held in abeyance and may not occur unless: (1) The
boundary review board modifies the boundaries of the
(2002 Ed.)
35.02.140
proposed incorporation to remove the territory from the proposed incorporation; (2) the boundary review board rejects
the proposed incorporation and the proposed city or town has
a population of less than seven thousand five hundred; or (3)
voters defeat the ballot proposition authorizing the proposed
incorporation. [1994 c 216 § 5.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.02.160 Cancellation, acquisition of franchise or
permit for operation of public service business in territory incorporated—Regulation of solid waste collection.
The incorporation of any territory as a city or town shall
cancel, as of the effective date of such incorporation, any
franchise or permit theretofore granted to any person, firm
or corporation by the state of Washington, or by the governing body of such incorporated territory, authorizing or
otherwise permitting the operation of any public transportation, garbage disposal or other similar public service business or facility within the limits of the incorporated territory,
but the holder of any such franchise or permit canceled
pursuant to this section shall be forthwith granted by the
incorporating city or town a franchise to continue such
business within the incorporated territory for a term of not
less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter
period, and the incorporating city or town, by franchise,
permit or public operation, shall not extend similar or
competing services to the incorporated territory except upon
a proper showing of the inability or refusal of such person,
firm or corporation to adequately service said incorporated
territory at a reasonable price: PROVIDED, That the
provisions of this section shall not preclude the purchase by
the incorporating city or town of said franchise, business, or
facilities at an agreed or negotiated price, or from acquiring
the same by condemnation upon payment of damages,
including a reasonable amount for the loss of the franchise
or permit. In the event that any person, firm or corporation
whose franchise or permit has been canceled by the terms of
this section shall suffer any measurable damages as a result
of any incorporation pursuant to the provisions of chapter
35.02 RCW, such person, firm or corporation shall have a
right of action against any city or town causing such
damages.
After the incorporation of any city or town, the utilities
and transportation commission shall continue to regulate
solid waste collection within the limits of the incorporated
city or town until such time as the city or town notifies the
commission, in writing, of its decision to contract for solid
waste collection or provide solid waste collection itself
pursuant to RCW 81.77.020. In the event the incorporated
city or town at any time decides to contract for solid waste
collection or decides to undertake solid waste collection
itself, the holder of any such franchise or permit that is so
canceled in whole or in part shall be forthwith granted by
the incorporated city or town a franchise to continue such
business within the incorporated territory for a term of not
less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter
period, and the incorporated city or town, by franchise,
permit, or public operation, shall not extend similar or
competing services to the incorporated territory except upon
[Title 35 RCW—page 13]
35.02.160
Title 35 RCW: Cities and Towns
a proper showing of the inability or refusal of such person,
firm, or corporation to adequately service the incorporated
territory at a reasonable price. Upon the effective date
specified by the city or town council’s ordinance or resolution to have the city or town contract for solid waste
collection or undertake solid waste collection itself, the
transition period specified in this section begins to run. This
section does not preclude the purchase by the incorporated
city or town of the franchise, business, or facilities at an
agreed or negotiated price, or from acquiring the same by
condemnation upon payment of damages, including a
reasonable amount for the loss of the franchise or permit. In
the event that any person, firm, or corporation whose franchise or permit has been canceled in whole or in part by the
terms of this section suffers any measurable damages as a
result of any incorporation pursuant to this chapter, such
person, firm, or corporation has a right of action against any
city or town causing such damages. [1997 c 171 § 1; 1986
c 234 § 24; 1965 ex.s. c 42 § 1.]
Severability—1997 c 171: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 171 § 5.]
35.02.170 Use of right of way line as corporate
boundary—When right of way may be included. The
right of way line of any public street, road or highway, or
any segment thereof, may be used to define a part of a
corporate boundary in an incorporation proceeding. The
boundaries of a newly incorporated city or town shall not include a portion of the right of way of any public street, road
or highway except where the boundary runs from one edge
of the right of way to the other edge of the right of way.
[1989 c 84 § 7; 1986 c 234 § 25; 1975 1st ex.s. c 220 § 2.]
Legislative finding, intent—1975 1st ex.s. c 220: "The legislature
finds that the use of centerlines of public streets, roads and highways as
boundaries of incorporated cities and towns has resulted in divided
jurisdiction over such public ways causing inefficiencies and waste in their
construction, improvement and maintenance and impairing effective traffic
law enforcement. It is the intent of this act to preclude the use of highway
centerlines as corporate boundaries in the future and to encourage counties
and cities and towns by agreement to revise existing highway centerline
boundaries to coincide with highway right of way lines." [1975 1st ex.s. c
220 § 1.] For codification of 1975 1st ex.s. c 220, see Codification Tables,
Volume 0.
Revision of corporate boundary by substituting right of way lines: RCW
35.21.790.
35.02.180 Ownership of county roads to revert to
city or town—Territory within city or town to be removed from fire protection, road, and library districts.
The ownership of all county roads located within the
boundaries of a newly incorporated city or town shall revert
to the city or town and become streets as of the official date
of incorporation. However, any special assessments attributable to these county roads shall continue to exist and be
collected as if the incorporation had not occurred. Property
within the newly incorporated city or town shall continue to
be subject to any indebtedness attributable to these roads and
any related property tax levies.
The territory included within the newly incorporated city
or town shall be removed from the road district as of the
official date of incorporation. The territory included within
the newly incorporated city or town shall be removed from
[Title 35 RCW—page 14]
a fire protection district or districts or library district or
districts in which it was located, as of the official date of
incorporation, unless the fire protection district or districts
have annexed the city or town during the interim period as
provided in *RCW 52.04.160 through 52.04.200, or the
library district or districts have annexed the city or town
during the interim period as provided in **RCW 27.12.260
through 27.12.290. [1986 c 234 § 17.]
Reviser’s note: *(1) RCW 52.04.160 has been decodified and RCW
52.04.170 through 52.04.200 have been recodified as RCW 52.04.061
through 52.04.101, pursuant to 1984 c 230 § 89.
**(2) The reference to "RCW 27.12.260 through 27.12.290" appears
to be erroneous. RCW 27.12.360 through 27.12.395 relates to annexation
of a city or town by a library district.
35.02.190 Annexation/incorporation of fire protection district—Transfer of assets when at least sixty
percent of assessed valuation is annexed or incorporated
in city or town. If a portion of a fire protection district
including at least sixty percent of the assessed valuation of
the real property of the district is annexed to or incorporated
into a city or town, ownership of all of the assets of the
district shall be vested in the city or town, or, if the city or
town has been annexed by another fire protection district, in
the other fire protection district, upon payment in cash,
properties or contracts for fire protection services to the
district within one year of the date on which the city or town
withdraws from the fire protection district pursuant to RCW
52.04.161, of a percentage of the value of said assets equal
to the percentage of the value of the real property in entire
district remaining outside the incorporated or annexed area.
The fire protection district may elect, by a vote of a majority
of the persons residing outside the annexed or incorporated
area who vote on the proposition, to require the annexing or
incorporating city or town or fire protection district to
assume responsibility for the provision of fire protection, and
for the operation and maintenance of the district’s property,
facilities, and equipment throughout the district and to pay
the city or town or fire protection district a reasonable fee
for such fire protection, operation, and maintenance. When
at least sixty percent, but less than one hundred percent,
valuation of the real estate of a district is annexed to or
incorporated into a city or town, a proportionate share of the
liabilities of the district at the time of such annexation or
incorporation, equal to the percentage of the total assessed
valuation of the real estate of the district that has been
annexed or incorporated, shall be transferred to the annexing
or incorporating city or town.
If all of a fire protection district is included in an area
that incorporates as a city or town or is annexed to a city or
town or fire protection district, all of the assets and liabilities
of the fire protection district shall be transferred to the newly
incorporated city or town on the date on which the fire
protection district ceases to provide fire protection services
pursuant to RCW 52.04.161 or to the city or town or fire
protection district upon the annexation. [1993 c 262 § 3;
1989 c 76 § 2; 1986 c 234 § 18; 1981 c 332 § 5; 1965 c 7
§ 35.13.247. Prior: 1963 c 231 § 3. Formerly RCW
35.13.247.]
Severability—1981 c 332: See note following RCW 35.13.165.
(2002 Ed.)
Incorporation Proceedings
35.02.200 Annexation/incorporation of fire protection district—Ownership of assets of fire protection
district—When less than sixty percent. (1) If a portion of
a fire protection district including less than sixty percent of
the assessed value of the real property of the district is
annexed to or incorporated into a city or town, the ownership
of all assets of the district shall remain in the district and the
district shall pay to the city or town, or, if the city or town
has been annexed by another fire protection district, to the
other fire protection district within one year or within such
period of time as the district continues to collect taxes in
such incorporated or annexed areas, in cash, properties or
contracts for fire protection services, a percentage of the
value of said assets equal to the percentage of the value of
the real property in the entire district lying within the area so
incorporated or annexed: PROVIDED, That if the area
annexed or incorporated includes less than five percent of
the area of the district, no payment shall be made to the city
or town or fire protection district except as provided in RCW
35.02.205.
(2) As provided in RCW 35.02.210, the fire protection
district from which territory is removed as a result of an
incorporation or annexation shall provide fire protection to
the incorporated or annexed area for such period as the
district continues to collect taxes levied in such annexed or
incorporated area.
(3) For the purposes of this section, the word "assets"
shall mean the total assets of the fire district, reduced by its
liabilities, including bonded indebtedness, the same to be
determined by usual and accepted accounting methods. The
amount of said liability shall be determined by reference to
the fire district’s balance sheet, produced in the regular
course of business, which is nearest in time to the certification of the annexation of fire district territory by the city or
town. [1997 c 245 § 2. Prior: 1989 c 267 § 1; 1989 c 76
§ 3; 1986 c 234 § 19; 1967 c 146 § 1; 1965 c 7 § 35.13.248;
prior: 1963 c 231 § 4. Formerly RCW 35.13.248.]
35.02.202 Annexation/incorporation of fire protection district—Delay of transfer. During the interim period,
the governing body of the newly formed city or town and
the board of fire commissioners may by written agreement
delay the transfer of the district’s assets and liabilities, and
the city’s or town’s responsibility for the provision of fire
protection, that would otherwise occur under RCW 35.02.190
or 35.02.200 for up to one year after the official date of
incorporation. During the one-year period, the fire protection district may annex the city or town pursuant to chapter
52.04 RCW and retain the responsibility for fire protection.
[1991 c 360 § 7.]
35.02.205 Annexation/incorporation of fire protection district—Distribution of assets of district when less
than five percent of district annexed—Distribution
agreement—Arbitration. (1) A distribution of assets from
the fire protection district to the city or town shall occur as
provided in this section upon the annexation or, in the case
of an incorporation, on the date on which the city or town
withdraws from the fire protection district pursuant to RCW
52.04.161, of an area by the city or town that constitutes less
than five percent of the area of the fire protection district
(2002 Ed.)
35.02.200
upon the adoption of a resolution by the city or town finding
that the annexation or incorporation will impose a significant
increase in the fire suppression responsibilities of the city or
town with a corresponding reduction in fire suppression
responsibilities by the fire protection district. Such a
resolution must be adopted within sixty days of the effective
date of the annexation, or within sixty days of the official
date of incorporation of the city. If the fire protection
district does not concur in the finding within sixty days of
when a copy of the resolution is submitted to the board of
commissioners, arbitration shall proceed under subsection (3)
of this section over this issue.
(2) An agreement on the distribution of assets from the
fire protection district to the city or town shall be entered
into by the city or town and the fire protection district within
ninety days of the concurrence by the fire protection district
under subsection (1) of this section, or within ninety days of
a decision by the arbitrators under subsection (3) of this
section that a significant increase in the fire protection
responsibilities will be imposed upon the city or town as a
result of the incorporation or annexation. A distribution
shall be based upon the extent of the increased fire suppression responsibilities with a corresponding reduction in fire
suppression responsibilities by the fire protection district, and
shall consider the impact of any debt obligation that may
exist on the property that is so annexed or incorporated. If
an agreement is not entered into after this ninety-day period,
arbitration shall proceed under subsection (3) of this section
concerning this issue unless both parties have agreed to an
extension of this period.
(3) Arbitration shall proceed under this subsection over
the issue of whether a significant increase in the fire protection responsibilities will be imposed upon the city or town
as a result of the annexation or incorporation with a corresponding reduction in fire suppression responsibilities by the
fire protection district, or over the distribution of assets from
the fire protection district to the city or town if such a significant increase in fire protection responsibilities will be imposed. A board of arbitrators shall be established for an
arbitration that is required under this section. The board of
arbitrators shall consist of three persons, one of whom is
appointed by the city or town within sixty days of the date
when arbitration is required, one of whom is appointed by
the fire protection district within sixty days of the date when
arbitration is required, and one of whom is appointed by
agreement of the other two arbitrators within thirty days of
the appointment of the last of these other two arbitrators who
is so appointed. If the two are unable to agree on the
appointment of the third arbitrator within this thirty-day
period, then the third arbitrator shall be appointed by a judge
in the superior court of the county within which all or the
greatest portion of the area that was so annexed or incorporated lies. The determination by the board of arbitrators
shall be binding on both the city or town and the fire
protection district. [1993 c 262 § 4; 1989 c 267 § 3.]
35.02.210 Fire protection district and library
district—Continuation of services at option of city or
town. At the option of the governing body of a newly incorporated city or town, any fire protection district or library
district serving any part of the area so incorporated shall
[Title 35 RCW—page 15]
35.02.210
Title 35 RCW: Cities and Towns
continue to provide services to such area until the city or
town receives its own property tax receipts. [1991 c 360 §
8; 1986 c 234 § 21; 1967 ex.s. c 119 § 35A.03.160.
Formerly RCW 35A.03.160.]
35.02.220 Duty of county and road, library, and fire
districts to continue services during transition period—
Road maintenance and law enforcement services. The
approval of an incorporation by the voters of a proposed city
or town, and the existence of a transition period to become
a city or town, shall not remove the responsibility of any
county, road district, library district, or fire district, within
which the area is located, to continue providing services to
the area until the official date of the incorporation.
A county shall continue to provide the following
services to a newly incorporated city or town, or that portion
of the county within which the newly incorporated city or
town is located, at the preincorporation level as follows:
(1) Law enforcement services shall be provided for a
period not to exceed sixty days from the official date of the
incorporation or until the city or town is receiving or could
have begun receiving sales tax distributions under RCW
82.14.030(1), whichever is the shortest time period.
(2) Road maintenance shall be for a period not to
exceed sixty days from the official date of the incorporation
or until forty percent of the anticipated annual tax distribution from the road district tax levy is made to the newly incorporated city or town pursuant to RCW 35.02.140,
whichever is the shorter time period. [1991 c 360 § 9; 1986
c 234 § 22; 1985 c 143 § 1. Formerly RCW 35.21.763.]
35.02.225 County may contract to provide essential
services. It is the desire of the legislature that the citizens
of newly incorporated cities or towns receive uninterrupted
and adequate services in the period prior to the city or town
government attaining the ability to provide such service
levels. In addition to the services provided under RCW
35.02.220, it is the purpose of this section to permit the
county or counties in which a newly incorporated city or
town is located to contract with the newly incorporated city
or town for the continuation of essential services until the
newly incorporated city or town has attained the ability to
provide such services at least at the levels provided by the
county before the incorporation. These essential services
may include but are not limited to, law enforcement, road
and street maintenance, drainage, and other utility services
previously provided by the county before incorporation. The
contract should be negotiated on the basis of the county’s
cost to provide services without consideration of capital
assets which do not continue to be amortized for principal
and interest or depreciated by the county. The exception for
not considering capital assets which are no longer amortized
for principal and interest or depreciated is recognition of the
preexisting financial investment of citizens of the newly
incorporated city or town have made in county capital assets.
Nothing in this section limits the ability of the county
and the newly incorporated city or town to contract for
higher service levels or for other time periods than those
imposed by this section. [1985 c 332 § 7. Formerly RCW
35.21.764.]
[Title 35 RCW—page 16]
35.02.230 Incorporation of city or town located in
more than one county—Powers and duties of county
after incorporation—Costs. After incorporation of a city
or town located in more than one county, all purposes
essential to the maintenance, operation, and administration of
the city or town whenever any action is required or may be
performed by the county, county legislative authority, or any
county officer or board, such action shall be performed by
the respective county, county legislative authority, officer, or
board of the county of that part of the city or town in which
the largest number of inhabitants reside as of the date of the
incorporation of the proposed city or town except as provided in RCW 35.02.240, and all costs incurred shall be
borne proportionately by each county in that ratio which the
number of inhabitants residing in that part of each county
forming a part of the proposed city or town bears to the total
number of inhabitants residing within the whole of the city
or town. [1986 c 234 § 26; 1965 c 7 § 35.04.150. Prior:
1955 c 345 § 15. Formerly RCW 35.04.150.]
35.02.240 Incorporation of city or town located in
more than one county—Taxes—Powers and duties of
county after incorporation—Costs. In the case of evaluation, assessment, collection, apportionment, and any other
allied power or duty relating to taxes in connection with the
city or town, the action shall be performed by the county,
county legislative authority, or county officer or board of the
county for that area of the city or town which is located
within the respective county, and all materials, information,
and other data and all moneys collected shall be submitted
to the proper officer of the county of that part of the city or
town in which the largest number of inhabitants reside. Any
power which may be or duty which shall be performed in
connection therewith shall be performed by the county,
county legislative authority, officer, or board receiving such
as though only a city or town in a single county were
concerned. All moneys collected from such area constituting
a part of such city or town that should be paid to such city
or town shall be delivered to the treasurer thereof, and all
other materials, information, or data relating to the city or
town shall be submitted to the appropriate city or town
officials.
Any costs or expenses incurred under this section shall
be borne proportionately by each county involved. [1986 c
234 § 27; 1965 c 7 § 35.04.160. Prior: 1955 c 345 § 16.
Formerly RCW 35.04.160.]
35.02.250 Corporate powers in dealings with federal
government. Any city or town incorporated as provided in
this chapter shall, in addition to all other powers, duties and
benefits of a city or town of the same type or class, be
authorized to purchase, acquire, lease, or administer any
property, real or personal, or property rights and improvements thereon owned by the federal government on such
terms and conditions as may be mutually agreed upon, when
authorized to do so by the United States government, and
thereafter to sell, transfer, exchange, lease, or otherwise
dispose of any such property, and to execute contracts with
the federal government with respect to supplying water and
for other utility services. [1986 c 234 § 28; 1965 c 7 §
(2002 Ed.)
Incorporation Proceedings
35.04.170. Prior: 1955 c 345 § 17. Formerly RCW 35.04.170.]
35.02.260 Duty of department of community, trade,
and economic development to assist newly incorporated
cities and towns. The department of community, trade, and
economic development shall identify federal, state, and local
agencies that should receive notification that a new city or
town is about to incorporate and shall assist newly formed
cities and towns during the interim period before the official
date of incorporation in providing such notification to the
identified agencies. [1995 c 399 § 34; 1991 c 360 § 6.]
35.02.270 Other local governments and state
agencies—May assist newly incorporated cities and
towns. Cities, towns, counties, and other local government
agencies and state agencies may make loans of staff and
equipment, and technical and financial assistance to the
newly formed city or town during the interim period to
facilitate the transition to an incorporated city or town. Such
loans and assistance may be without compensation. [1991
c 360 § 12.]
Chapter 35.06
ADVANCEMENT OF CLASSIFICATION
Sections
35.06.010
35.06.070
Population requirements for advance in classification.
Procedure for advancement—Ballot proposition—
Notification of secretary of state.
35.06.080 Election of new officers.
Municipal corporations classified: Chapter 35.01 RCW.
Population determinations: Chapter 43.62 RCW.
35.06.010 Population requirements for advance in
classification. A city or town which has at least ten
thousand inhabitants may become a first class city by
adopting a charter under Article XI, section 10, of the state
Constitution in chapter 35.22 RCW.
A town which has at least fifteen hundred inhabitants
may reorganize and advance its classification to become a
second class city as provided in this chapter. [1994 c 81 §
7; 1965 c 7 § 35.06.010. Prior: 1955 c 319 § 6; prior: (i)
1907 c 248 § 1, part; 1890 p 140 § 12, part; RRS § 8933,
part. (ii) 1890 p 141 § 14; RRS § 8936.]
35.06.070 Procedure for advancement—Ballot
proposition—Notification of secretary of state. A ballot
proposition authorizing an advancement in classification of
a town to a second class city shall be submitted to the voters
of the town if either: (1) Petitions proposing the advancement are submitted to the town clerk that have been signed
by voters of the town equal in number to at least ten percent
of the voters of the town voting at the last municipal general
election; or (2) the town council adopts a resolution proposing the advancement. The clerk shall immediately forward
the petitions to the county auditor who shall review the
signatures and certify the sufficiency of the petitions.
A ballot proposition authorizing an advancement shall
be submitted to the town voters at the next municipal general
election occurring forty-five or more days after the petitions
are submitted if the county auditor certifies the petitions as
(2002 Ed.)
35.02.250
having sufficient valid signatures. The town shall be
advanced to a second class city if the ballot proposition is
approved by a simple majority vote, effective when the
corporation is actually reorganized and the new officers are
elected and qualified. The county auditor shall notify the
secretary of state if the advancement of a town to a second
class city is approved. [1994 c 81 § 8; 1965 c 7 §
35.06.070. Prior: 1890 p 142 § 21; RRS § 8942.]
35.06.080 Election of new officers. The first election
of officers of the new corporation after the advancement of
classification is approved shall be at the next general
municipal election and the officers of the old corporation, as
altered by the election when the advancement was approved,
shall remain in office until the officers of the new corporation are elected and qualified and assume office in accordance with RCW 29.04.170. A primary shall be held where
necessary to nominate candidates for the elected offices of
the corporation as a second class city. Candidates for city
council positions shall run for specific council positions.
The council of the old corporation may adopt a resolution
providing that the offices of city attorney, clerk, and treasurer are appointive.
The three persons who are elected to council positions
one through six receiving the greatest number of votes shall
be elected to four-year terms of office and the other three
persons who are elected to council positions one through six,
and the person elected to council position seven, shall be
elected to two-year terms of office. The person elected as
mayor and the persons elected to any other elected office
shall be elected to four-year terms of office. All successors
to all elected positions, other than council position number
seven, shall be elected to four-year terms of office and
successors to council position number seven shall be elected
to two-year terms of office.
There shall be no election of town offices at this
election when the first officers of the new corporation are
elected and the offices of the town shall expire when the
officers of the new corporation assume office.
The ordinances, bylaws, and resolutions adopted by the
old corporation shall, as far as consistent with the provisions
of this title, continue in force until repealed by the council
of the new corporation.
The council and officers of the town shall, upon
demand, deliver to the proper officers of the new corporation
all books of record, documents, and papers in their possession belonging to the old corporation. [1994 c 81 § 9; 1965
c 106 § 1; 1965 c 7 § 35.06.080. Prior: 1890 p 143 § 22;
RRS § 8942.]
Chapter 35.07
DISINCORPORATION
Sections
35.07.001
35.07.010
35.07.020
35.07.040
35.07.050
35.07.060
35.07.070
35.07.080
Actions subject to review by boundary review board.
Authority for disincorporation.
Petition—Requisites.
Calling election—Receiver.
Notice of election.
Ballots.
Conduct of election.
Canvass of returns.
[Title 35 RCW—page 17]
Chapter 35.07
Title 35 RCW: Cities and Towns
35.07.090
35.07.100
35.07.110
35.07.120
35.07.130
35.07.140
35.07.150
35.07.160
35.07.170
35.07.180
35.07.190
35.07.200
35.07.210
35.07.220
35.07.230
35.07.240
35.07.250
35.07.260
Effect of disincorporation—Powers—Officers.
Effect of disincorporation—Existing contracts.
Effect of disincorporation—Streets.
Receiver—Qualification—Bond.
Elected receiver—Failure to qualify—Court to appoint.
No receiver elected though indebtedness exists—Procedure.
Duties of receiver—Claims—Priority.
Receiver may sue and be sued.
Receiver—Power to sell property.
Receiver—Power to levy taxes.
Receiver’s compensation.
Receiver—Removal for cause.
Receiver—Successive appointments.
Receiver—Final account and discharge.
Involuntary dissolution of towns—Authorized.
Involuntary dissolution of towns—Notice of hearing.
Involuntary dissolution of towns—Hearing.
Involuntary dissolution of towns—Alternative forms of order.
Census to be made in decennial periods: State Constitution Art. 2 § 3.
Obligations of contract: State Constitution Art. 1 § 23.
Population determinations: Chapter 43.62 RCW.
35.07.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.07 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 26.]
35.07.010 Authority for disincorporation. Cities and
towns may disincorporate. [1994 c 81 § 10; 1965 c 7 §
35.07.010. Prior: 1897 c 69 § 1; RRS § 8914.]
35.07.020 Petition—Requisites. The petition for disincorporation must be signed by a majority of the registered
voters thereof and filed with the city or town council. [1965
c 7 § 35.07.020. Prior: 1897 c 69 § 2, part; RRS § 8915,
part.]
35.07.040 Calling election—Receiver. The council
shall cause an election to be called upon the proposition of
disincorporation. If the city or town has any indebtedness or
outstanding liabilities, it shall order the election of a receiver
at the same time. [1997 c 361 § 4; 1965 c 7 § 35.07.040.
Prior: 1897 c 69 § 2, part; RRS § 8915, part.]
35.07.050 Notice of election. Notice of such election
shall be given as provided in RCW 29.27.080. [1965 c 7 §
35.07.050. Prior: 1897 c 69 § 3; RRS § 8916.]
35.07.060 Ballots. The ballots for the election shall
be printed at the expense of the municipality and there shall
be printed thereon the words "for dissolution" in one line
and the words "against dissolution" in another line and in
other and separate lines, the names of each of the lawfully
nominated candidates for receiver. In all other respects the
ballots shall be in conformity with the law regulating
elections in such cities and towns. [1965 c 7 § 35.07.060.
Prior: 1897 c 69 § 4; RRS § 8917.]
35.07.070 Conduct of election. The election shall be
conducted as other elections are required by law to be
conducted in the city or town except as in this chapter
[Title 35 RCW—page 18]
otherwise provided. [1965 c 7 § 35.07.070. Prior: 1897 c
69 § 5; RRS § 8918.]
Conduct of elections—Canvass: RCW 29.13.040.
35.07.080 Canvass of returns. The result of the
election, together with the ballots cast, shall be certified by
the canvassing authority to the council which shall meet
within one week thereafter and shall declare the result which
shall be made a matter of record in the journal of the council
proceedings. If the vote "For dissolution" be a majority of
the registered voters of such city or town voting at such
election, such corporation shall be deemed dissolved. [1965
c 7 § 35.07.080. Prior: 1933 c 128 § 1, part; 1897 c 69 §
6, part; Rem. Supp. § 8919, part.]
Canvassing returns, generally: Chapter 29.62 RCW.
35.07.090 Effect of disincorporation—Powers—
Officers. Upon disincorporation of a city or town, its
powers and privileges as such, are surrendered to the state
and it is absolved from any further duty to the state or its
own inhabitants and all the offices appertaining thereto shall
cease to exist immediately upon the entry of the result:
PROVIDED, That if a receiver is required, the officers shall
continue in the exercise of all their powers until a receiver
has qualified as such, and thereupon shall surrender to him
all property, money, vouchers, records and books of the city
or town including those in any manner pertaining to its
business. [1965 c 7 § 35.07.090. Prior: 1933 c 128 § 1,
part; 1897 c 69 § 6, part; RRS § 8919, part.]
35.07.100 Effect of disincorporation—Existing
contracts. Disincorporation shall not impair the obligation
of any contract. If any franchise lawfully granted has not
expired at the time of disincorporation, the disincorporation
does not impair any right thereunder and does not imply any
authority to interfere therewith to any greater extent than the
city or town might have, if it had remained incorporated.
[1965 c 7 § 35.07.100. Prior: 1897 c 69 § 18; RRS §
8931.]
Obligations of contract shall not be impaired: State Constitution Art. 1 §
23.
35.07.110 Effect of disincorporation—Streets. Upon
disincorporation of a city or town, its streets and highways
pass to the control of the state and shall remain public
highways until closed in pursuance of law; and the territory
embraced therein shall be made into a new road district or
annexed to adjoining districts as may be ordered by the
board of county commissioners of the county embracing
such city or town. [1965 c 7 § 35.07.110. Prior: 1897 c 69
§ 17; RRS § 8930.]
35.07.120 Receiver—Qualification—Bond. The
receiver must qualify within ten days after he has been
declared elected, by filing with the county auditor a bond
equal in penalty to the audited indebtedness and the established liabilities of the city or town with sureties approved
by the board of county commissioners, or if the board is not
in session, by the judge of the superior court of the county.
The bond shall run to the state and shall be conditioned for
the faithful performance of his duties as receiver and the
(2002 Ed.)
Disincorporation
prompt payment in the order of their priority of all lawful
claims finally established as the funds come into his hands
to discharge them. The bond shall be filed with the county
auditor and shall be a public record and shall be for the
benefit of every person who may be injured by the receiver’s
failure to discharge his duty. [1965 c 7 § 35.07.120. Prior:
1897 c 69 § 7; RRS § 8920.]
35.07.130 Elected receiver—Failure to qualify—
Court to appoint. If the person elected receiver fails to
qualify as such within the prescribed time, the council shall
file in the superior court of the county a petition setting forth
the fact of the election, its result and the failure of the
person elected receiver to qualify within the prescribed time
and praying for the appointment of another person as
receiver. Notice of the filing of the petition and of the time
fixed for hearing thereon must be served upon the person
elected receiver at least three days before the time fixed for
the hearing. If he cannot be found within the county, no
notice need be served, and the court may proceed with full
jurisdiction to determine the matter upon the hearing. Unless
good cause to the contrary is shown, the court shall appoint
some suitable person to act as receiver, who shall qualify as
required by RCW 35.07.120 within ten days from the date
of his appointment.
If the council fails to procure the appointment of a
receiver, any person qualified to vote in the city or town
may file such a petition and make such application. [1965
c 7 § 35.07.130. Prior: 1897 c 69 § 8; RRS § 8921.]
35.07.140 No receiver elected though indebtedness
exists—Procedure. If no receiver is elected upon the
supposition that no indebtedness existed and it transpires that
the municipality does have indebtedness or an outstanding
liability, any interested person may file a petition in the
superior court asking for the appointment of a receiver, and
unless the indebtedness or liability is discharged, the court
shall appoint some suitable person to act as receiver who
shall qualify as required of any other receiver hereunder,
within ten days from the date of his appointment. [1965 c
7 § 35.07.140. Prior: 1897 c 69 § 15; RRS § 8928.]
35.07.150 Duties of receiver—Claims—Priority.
The receiver, upon qualifying, shall take possession of all the
property, money, vouchers, records and books of the former
municipality including those in any manner pertaining to its
business and proceed to wind up its affairs. He shall have
authority to pay:
(1) All outstanding warrants and bonds in the order of
their maturity with due regard to the fund on which they are
properly a charge;
(2) All lawful claims against the corporation which have
been audited and allowed by the council;
(3) All lawful claims which may be presented to him
within the time limited by law for the presentation of such
claims, but no claim shall be allowed or paid which is not
presented within six months from the date of the disincorporation election;
(4) All claims that by final adjudication may come to be
established as lawful claims against the corporation.
(2002 Ed.)
35.07.120
As between warrants, bonds and other claims, their
priority shall be determined with regard to the fund on which
they are properly a charge. [1965 c 7 § 35.07.150. Prior:
1897 c 69 § 9; RRS § 8922.]
Accident claims, audits: Chapter 35.31 RCW, RCW 35.23.261.
35.07.160 Receiver may sue and be sued. The
receiver shall have the right to sue and be sued in all cases
necessary or proper for the purpose of winding up the affairs
of the former city or town and shall be subject to suit in all
cases wherein the city or town might have been sued, subject
to the limitations provided in this chapter. [1965 c 7 §
35.07.160. Prior: 1897 c 69 § 12; RRS § 8925.]
35.07.170 Receiver—Power to sell property. The
receiver shall be authorized to sell at public auction after
such public notice as the sheriff is required to give of like
property sold on execution, all the property of the former
municipality except such as is necessary for his use in
winding up its affairs, and excepting also such as has been
dedicated to public use.
Personal property shall be sold for cash.
Real property may be sold for all cash, or for one-half
cash and the remainder in deferred payments, the last
payment not to be later than one year from date of sale.
Title shall not pass until all deferred payments have been
fully paid. [1965 c 7 § 35.07.170. Prior: 1897 c 69 § 10,
part; RRS § 8923.]
35.07.180 Receiver—Power to levy taxes. In the
same manner and to the same extent as the proper authorities
of the former city or town could have done had it not been
disincorporated, the receiver shall be authorized to levy taxes
on all taxable property, to receive the taxes when collected
and to apply them together with the proceeds arising from
sales to the extinguishment of the obligations of the former
city or town.
After all the lawful claims against the former city or
town have been paid excepting bonds not yet due, no levy
greater than fifty cents per thousand dollars of assessed
value shall be made; nor shall the levy be greater than
sufficient to meet the accruing interest until the bonds
mature. [1973 1st ex.s. c 195 § 11; 1965 c 7 § 35.07.180.
Prior: 1897 c 69 § 10, part; RRS § 8923, part.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.07.190 Receiver’s compensation. The receiver
shall be entitled to deduct from any funds coming into his
hands a commission of six percent on the first thousand
dollars, five percent on the second thousand and four percent
on any amount over two thousand dollars as his full compensation exclusive of necessary traveling expenses and necessary disbursements, but not exclusive of attorney’s fees.
[1965 c 7 § 35.07.190. Prior: 1897 c 69 § 11; RRS §
8924.]
35.07.200 Receiver—Removal for cause. The
receiver shall proceed to wind up the affairs of the corporation with diligence and for negligence or misconduct in the
discharge of his duties may be removed by the superior court
[Title 35 RCW—page 19]
35.07.200
Title 35 RCW: Cities and Towns
upon a proper showing made by a taxpayer of the former
city or town or by an unsatisfied creditor thereof. [1965 c
7 § 35.07.200. Prior: 1897 c 69 § 13, part; RRS § 8926,
part.]
35.07.210 Receiver—Successive appointments. In
the case of removal, death, or resignation of a receiver, the
court may appoint a new receiver to take charge of the
affairs of the former city or town. [1965 c 7 § 35.07.210.
Prior: 1897 c 69 § 13, part; RRS § 8926, part.]
35.07.220 Receiver—Final account and discharge.
Upon the final payment of all lawful demands against the
former city or town, the receiver shall file a final account,
together with all vouchers, with the clerk of the superior
court. Any funds remaining in his hands shall be paid to the
county treasurer for the use of the school district in which
the former city or town was situated; and thereupon the
receivership shall be at an end. [1965 c 7 § 35.07.220. Prior: 1897 c 69 § 14; RRS § 8927.]
35.07.230 Involuntary dissolution of towns—
Authorized. If any town fails for two successive years to
hold its regular municipal election, or if the officers elected
at the regular election of any town fail for two successive
years to qualify and the government of the town ceases to
function by reason thereof, the state auditor may petition the
superior court of the county for an order, dissolving the
town. In addition to stating the facts which would justify the
entry of such an order, the petition shall set forth a detailed
statement of the assets and liabilities of the town insofar as
they can be ascertained. [1995 c 301 § 34; 1965 c 7 §
35.07.230. Prior: 1925 ex.s. c 76 § 1; RRS § 8931-1.]
35.07.240 Involuntary dissolution of towns—Notice
of hearing. Upon the filing of a petition for the involuntary
dissolution of a town, the superior court shall enter an order
fixing the time for hearing thereon at a date not less than
thirty days from date of filing. The state auditor shall give
notice of the hearing by publication in a newspaper of
general circulation in the county, once a week for three
successive weeks, and by posting in three public places in
the town, stating therein the purpose of the petition and the
date and place of hearing thereon. [1985 c 469 § 18; 1965
c 7 § 35.07.240. Prior: 1925 ex.s. c 76 § 2; RRS § 89312.]
35.07.250 Involuntary dissolution of towns—
Hearing. Any person owning property in or qualified to
vote in the town may appear at the hearing and file written
objections to the granting of the petition. If the court finds
that the town has failed for two successive years to hold its
regular municipal election or that its officers elected at a
regular election have failed to qualify for two successive
years thereby causing the government of the town to cease
to function, it shall enter an order for disincorporation of the
town. [1965 c 7 § 35.07.250. Prior: 1925 ex.s. c 76 § 3,
part; RRS § 8931-3, part.]
35.07.260 Involuntary dissolution of towns—
Alternative forms of order. (1) If the court finds that the
town has no indebtedness and no assets, the order of dissolution shall be effective forthwith.
(2) If the court finds that the town has assets, but no
indebtedness or liabilities, it shall order a sale of the assets
other than cash by the sheriff in the manner provided by law
for the sale of property on execution. The proceeds of the
sale together with any money on hand in the treasury of the
town, after deducting the costs of the proceeding and sale,
shall be paid into the county treasury and placed to the credit
of the school district in which the town is located.
(3) If the court finds that the town has indebtedness or
liabilities and assets other than cash, it shall order the sale of
the assets as provided in subsection (2) hereof and that the
proceeds thereof and the cash on hand shall be applied to the
payment of the indebtedness and liabilities.
(4) If the court finds that the town has indebtedness or
liabilities, but no assets or that the assets are insufficient to
pay the indebtedness and liabilities, it shall order the board
of county commissioners to levy from year to year a tax on
the taxable property within the boundaries of the former
town until the indebtedness and liabilities are paid. All taxes
delinquent at the date of dissolution when collected shall be
applied to the payment of the indebtedness and liabilities.
Any balance remaining from the collection of delinquent
taxes and taxes levied under order of the court, after payment of the indebtedness and liabilities shall be placed to the
credit of the school district in which the town is located.
[1965 c 7 § 35.07.260. Prior: 1925 ex.s. c 76 § 3, part;
RRS § 8931-3, part.]
Chapter 35.10
CONSOLIDATION AND ANNEXATION OF CITIES
AND TOWNS
Sections
35.10.001
35.10.203
35.10.207
35.10.217
35.10.240
35.10.265
35.10.300
35.10.310
35.10.315
35.10.317
35.10.320
35.10.331
35.10.350
35.10.360
35.10.365
35.10.370
35.10.400
35.10.410
35.10.420
35.10.430
35.10.440
[Title 35 RCW—page 20]
Actions subject to review by boundary review board.
Purpose.
"City" defined.
Methods for annexation.
Annexation—Canvass of votes.
Annexation—When effective—Ordinance.
Disposition of property and assets following consolidation or
annexation.
Assets and liabilities of component cities—Taxation to pay
claims.
Adoption of final budget and levy of property taxes.
Receipt of state funds.
Continuation of ordinances.
Unassumed indebtedness.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed.
Annexation—Transfer of fire department employees.
Annexation—Transfer of fire department employees—Rights
and benefits.
Annexation—Transfer of fire department employees—
Notice—Time limitation.
Consolidation.
Consolidation—Submission of ballot proposal—Initiation by
resolution of legislative body.
Consolidation—Submission of ballot proposal—Initiation by
petition.
Consolidation—Form of government.
Consolidation—Assumption of general obligation indebtedness.
(2002 Ed.)
Consolidation and Annexation of Cities and Towns
35.10.450
35.10.460
35.10.470
35.10.480
35.10.490
35.10.500
35.10.510
35.10.520
35.10.530
35.10.540
Consolidation—Public meetings on proposal—Role of
boundary review board.
Consolidation—Ballot questions.
Consolidation—Canvass of votes.
Consolidation—Elections of officials—Effective date of
consolidation.
Consolidation—Name of city.
Consolidation—Costs of election and public meetings.
Consolidation—Transfer of fire department employees.
Consolidation—Transfer of fire department employees—
Rights and benefits.
Consolidation—Transfer of fire department employees—
Notice—Time limitation.
Consolidation—Creation of community municipal corporation.
Consolidation—Wards.
Severability—1969 ex.s. c 89.
Severability—1985 c 281.
be conducted in decennial periods: State Constitution Art. 2 §
35.10.550
35.10.900
35.10.905
Census to
3.
Consolidation and annexation exempt from state environmental policy act:
RCW 43.21C.225.
Population determinations: Chapter 43.62 RCW.
Procedure to attack consolidation or annexation affecting a city of the
second class: RCW 35.23.545.
35.10.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.10 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 27.]
35.10.203 Purpose. The purpose of this chapter is to
establish clear and uniform provisions of law governing the
consolidation of all types and classes of cities. [1985 c 281
§ 1.]
35.10.207 "City" defined. As used in this chapter,
the term "city" means any city or town. [1985 c 281 § 2.]
35.10.217 Methods for annexation. The following
methods are available for the annexation of all or a part of
a city or town to another city or town:
(1) A petition for an election to vote upon the annexation, which proposed annexation is approved by the
legislative body of the city or town from which the territory
will be taken, may be submitted to the legislative body of
the city or town to which annexation is proposed. An
annexation under this subsection shall otherwise conform
with the requirements for and procedures of a petition and
election method of annexing unincorporated territory under
chapter 35.13 RCW, except for the requirement for the
approval of the annexation by the city or town from which
the territory would be taken.
(2) The legislative body of a city or town may on its
own initiative by resolution indicate its desire to be annexed
to a city or town either in whole or in part, or the legislative
body of a city or town proposing to annex all or part of
another city or town may initiate the annexation by adopting
a resolution indicating that desire. In case such resolution is
passed, such resolution shall be transmitted to the other
affected city or town. The annexation is effective if the
other city or town adopts a resolution concurring in the
annexation, unless the owners of property in the area
proposed to be annexed, equal in value to sixty percent or
(2002 Ed.)
Chapter 35.10
more of the assessed valuation of the property in the area,
protest the proposed annexation in writing to the legislative
body of the city or town proposing to annex the area, within
thirty days of the adoption of the second resolution accepting
the annexation. Notices of the public hearing at which the
second resolution is adopted shall be mailed to the owners
of the property within the area proposed to be annexed in the
same manner that notices of a hearing on a proposed local
improvement district are required to be mailed by a city or
town as provided in chapter 35.43 RCW. An annexation
under this subsection shall be potentially subject to review
by a boundary review board or other annexation review
board after the adoption of the initial resolution, and the
second resolution may not be adopted until the proposed annexation has been approved by the board.
(3) The owners of property located in a city or town
may petition for annexation to another city or town. An
annexation under this subsection shall conform with the
requirements for and procedures of a direct petition method
of annexing unincorporated territory, except that the legislative body of the city or town from which the territory would
be taken must approve the annexation before it may proceed.
(4) All annexations under this section are subject to
potential review by the local boundary review board or
annexation review board. [1986 c 253 § 1; 1985 c 281 § 15;
1969 ex.s. c 89 § 4.]
35.10.240 Annexation—Canvass of votes. In all
cases of annexation, the county canvassing board or boards
shall canvass the votes cast thereat.
In an election on the question of the annexation of all
or a part of a city to another city, the votes cast in the city
or portion thereof to be annexed shall be canvassed, and if
a majority of the votes cast be in favor of annexation, the
results shall be included in a statement indicating the total
number of votes cast.
A proposition for the assumption of indebtedness
outside the constitutional and/or statutory limits by the other
city or cities in which the indebtedness did not originate
shall be deemed approved if a majority of at least three-fifths
of the voters of each city in which the indebtedness did not
originate votes in favor thereof, and the number of persons
voting on such proposition constitutes not less than forty
percent of the total number of votes cast in such cities in
which indebtedness did not originate at the last preceding
general election: PROVIDED, HOWEVER, That if general
obligation bond indebtedness was incurred by action by the
city legislative body, a proposition for the assumption of
such indebtedness by the other city or cities in which such
indebtedness did not originate shall be deemed approved if
a majority of the voters of each city in which such indebtedness did not originate votes in favor thereof.
A duly certified copy of such statement of an annexation election shall be filed with the legislative body of each
of the cities affected and recorded upon its minutes, and it
shall be the duty of the clerk, or other officer performing the
duties of clerk, of each of such legislative bodies, to transmit
to the secretary of state and the office of financial management a duly certified copy of the record of such statement.
[1985 c 281 § 16; 1981 c 157 § 1; 1973 1st ex.s. c 195 §
12; 1969 ex.s. c 89 § 7; 1967 c 73 § 17; 1965 c 7 §
[Title 35 RCW—page 21]
35.10.240
Title 35 RCW: Cities and Towns
35.10.240. Prior: 1929 c 64 § 5; RRS § 8909-5. Formerly
RCW 35.10.070.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Validating—1929 c 64: "That the attempted consolidation of two or
more contiguous municipal corporations pursuant to the provisions of either
chapter 167 of the Laws of 1927 or chapter 293 of the Laws of 1927 be,
and any such consolidation of any such cities or towns, is hereby in all
respects validated." [1929 c 64 § 16.]
Canvassing returns, generally: Chapter 29.62 RCW.
Conduct of elections—Canvass: RCW 29.13.040.
35.10.265 Annexation—When effective—Ordinance.
Immediately after the filing of the statement of an annexation election, the legislative body of the annexing city may,
if it deems it wise or expedient, adopt an ordinance providing for the annexation. Upon the date fixed in the
ordinance of annexation, the area annexed shall become a
part of the annexing city. The clerk of the annexing city
shall transmit a certified copy of this ordinance to the
secretary of state and the office of financial management.
[1985 c 281 § 17; 1981 c 157 § 3; 1969 ex.s. c 89 § 10.]
35.10.300 Disposition of property and assets
following consolidation or annexation. Upon the consolidation of two or more cities, or the annexation of any city to
another city, as provided in this chapter, the title to all
property and assets owned by, or held in trust for, such
former city shall vest in such consolidated city, or annexing
city, as the case may be: PROVIDED, That if any such
former city, shall be indebted, the proceeds of the sale of
any such property and assets not required for the use of such
consolidated city, or annexing city, shall be applied to the
payment of such indebtedness, if any exist at the time of
such sale. [1985 c 281 § 18; 1969 ex.s. c 89 § 12; 1965 c
7 § 35.10.300. Prior: 1929 c 64 § 11; RRS § 8909-11.
Formerly RCW 35.10.100 and 35.11.080, part.]
35.10.310 Assets and liabilities of component
cities—Taxation to pay claims. Such consolidation, or
annexation, shall in no wise affect or impair the validity of
claim or chose in action existing in favor of or against, any
such former city so consolidated or annexed, or any proceeding pending in relation thereto, but such consolidated or
annexing city shall collect such claims in favor of such
former cities, and shall apply the proceeds to the payment of
any just claims against them respectively, and shall when
necessary levy and collect taxes against the taxable property
within any such former city sufficient to pay all just claims
against it. [1985 c 281 § 19; 1969 ex.s. c 89 § 13; 1965 c
7 § 35.10.310. Prior: 1929 c 64 § 12; RRS § 8909-12.
Formerly RCW 35.10.110, 35.10.130, part, and 35.11.080,
part.]
35.10.315 Adoption of final budget and levy of
property taxes. Upon the consolidation of two or more
cities, or the annexation of any city after March 1st and prior
to the date of adopting the final budget and levying the
property tax dollar rate in that year for the next calendar
year, the legislative body of the consolidated city or the
annexing city is authorized to adopt the final budget and to
[Title 35 RCW—page 22]
levy the property tax dollar rate for the consolidated cities
and any city annexed. [1985 c 281 § 20; 1973 1st ex.s. c
195 § 13; 1969 ex.s. c 89 § 14.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.10.317 Receipt of state funds. Upon the consolidation of two or more cities, or the annexation of any city,
the consolidated or annexing city shall receive all state funds
to which the component cities would have been entitled to
receive during the year when such consolidation or annexation became effective. [1985 c 281 § 21; 1969 ex.s. c 89
§ 15.]
35.10.320 Continuation of ordinances. All ordinances in force within any such former city or cities, at the time
of consolidation or annexation, not in conflict with the laws
governing the consolidated city, or with the ordinances of the
former city having the largest population, as shown by the
last determination of the office of financial management
shall remain in full force and effect until superseded or
repealed by the legislative body of the consolidated or
annexing city, and shall be enforced by such city, but all
ordinances of such former cities, in conflict with such ordinances shall be deemed repealed by, and from and after,
such consolidation or annexation, but nothing in this section
shall be construed to discharge any person from any liability,
civil or criminal, for any violation of any ordinance of such
former city or cities incurred prior to such consolidation or
annexation. [1985 c 281 § 22; 1981 c 157 § 4; 1969 ex.s.
c 89 § 16; 1965 c 7 § 35.10.320. Prior: 1929 c 64 § 13;
RRS § 8909-13. Formerly RCW 35.10.120 and 35.11.080,
part.]
35.10.331 Unassumed indebtedness. Unless indebtedness approved by the voters, contracted, or incurred prior
to the date of consolidation or annexation as provided herein
has been assumed by the voters in the other city or cities in
which such indebtedness did not originate, such indebtedness
continues to be the obligation of the city in which it originated, and the legislative body of the consolidated or annexing
city shall continue to levy the necessary taxes within the
former city that incurred this indebtedness to amortize such
indebtedness. [1985 c 281 § 23; 1969 ex.s. c 89 § 17.]
35.10.350 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed. See RCW 35.13.280.
35.10.360 Annexation—Transfer of fire department
employees. Upon the annexation of two or more cities or
code cities, any employee of the fire department of the
former city or cities who (1) was at the time of annexation
employed exclusively or principally in performing the
powers, duties, and functions which are to be performed by
the fire department of the annexed city or code city, as the
case may be, (2) will, as a direct consequence of annexation,
be separated from the employ of the former city, code city
or town, and (3) can perform the duties and meet the
minimum requirements of the position to be filled, then such
employee may transfer employment to the fire department of
(2002 Ed.)
Consolidation and Annexation of Cities and Towns
the annexing city, as provided in this section and RCW
35.10.365 and 35.10.370.
For purposes of this section and RCW 35.10.365 and
35.10.370, employee means an individual whose employment
has been terminated because of annexation by a city, code
city or town. [1986 c 254 § 4.]
35.10.365 Annexation—Transfer of fire department
employees—Rights and benefits. (1) An eligible employee
may transfer into the civil service system of the annexing
city, code city, or town by filing a written request with the
city, code city, or town civil service commission. Upon
receipt of such request by the civil service commission the
transfer of employment shall be made. The employee so
transferring will (a) be on probation for the same period as
are new employees in the position filled, but if the transferring employee has already completed a probationary period
as a fire fighter prior to the transfer, then the employee may
only be terminated during the probationary period for failure
to adequately perform assigned duties, not meeting the
minimum qualifications of the position, or behavior that
would otherwise be subject to disciplinary action, (b) be
eligible for promotion no later than after completion of the
probationary period, (c) receive a salary at least equal to that
of other new employees in the position filled, and (d) in all
other matters, such as retirement, sick leave, and vacation,
have, within the city, code city, or town civil service system,
all the rights, benefits, and privileges to which he or she
would have been entitled as a member of the annexed city,
code city, or town fire department from the beginning of his
or her employment with the former city or code city fire
department: PROVIDED, That for purposes of layoffs by
the annexing city or code city, only the time of service
accrued with the annexing city or code city shall apply
unless an agreement is reached between the collective
bargaining representatives of the employees of the annexing
and annexed fire agencies and the annexing and annexed fire
agencies. A record of the employee’s service with the
former city or code city fire department shall be transmitted
to the applicable civil service commission which shall be
credited to such employee as a part of the period of employment in the annexed city, code city, or town fire department.
All accrued benefits are transferable provided that the
recipient agency provides comparable benefits. All benefits
shall then accrue based on the combined seniority of each
employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the annexing city, code city, or
town fire department as the department determines are
needed to provide services. These needed employees shall
be taken in order of seniority and the remaining employees
who transfer as provided in this section and RCW 35.10.360
and 35.10.370 shall head the list for employment in the civil
service system in order of their seniority, to the end that they
shall be the first to be reemployed in the city, code city, or
town fire department when appropriate positions become
available: PROVIDED, That employees who are not
immediately hired by the city, code city, or town shall be
placed on a reemployment list for a period not to exceed
thirty-six months unless a longer period is authorized by an
agreement reached between the collective bargaining
(2002 Ed.)
35.10.360
representatives of the employees of the annexing and
annexed fire agencies and the annexing and annexed fire
agencies. [1994 c 73 § 1; 1986 c 254 § 5.]
Effective date—1994 c 73: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994]." [1994 c 73 § 6.]
35.10.370 Annexation—Transfer of fire department
employees—Notice—Time limitation. If, as a result of
annexation of two or more cities, or code cities any employee is laid off who is eligible to transfer to the city, code city
or town fire department under this section and RCW
35.10.360 and 35.10.365 the fire department shall notify the
employee of the right to transfer and the employee shall
have ninety days to transfer employment to the annexing city
or code city fire department. [1986 c 254 § 6.]
35.10.400 Consolidation. Two or more contiguous
cities located in the same or different counties may consolidate into one city by proceedings in conformity with the
provisions of this chapter. When cities are separated by
water and/or tide or shore lands they shall be deemed
contiguous for all the purposes of this chapter and, upon a
consolidation of such cities under the provisions of this
chapter, any such intervening water and/or tide or shore
lands shall become a part of the consolidated city. The
consolidated city shall become a noncharter code city operating under Title 35A RCW. [1985 c 281 § 3.]
35.10.410 Consolidation—Submission of ballot
proposal—Initiation by resolution of legislative body.
The submission of a ballot proposal to the voters of two or
more contiguous cities for the consolidation of these contiguous cities may be caused by the adoption of a joint resolution, by a majority vote of each city legislative body, seeking
consolidation of such contiguous cities. The joint resolution
shall provide for submission of the question to the voters at
the next general municipal election, if one is to be held more
than ninety days but not more than one hundred eighty days
after the passage of the joint resolution, or shall call for a
special election to be held for that purpose at the next
special election date, as specified in RCW 29.13.020, that
occurs ninety or more days after the passage of the joint
resolution. The legislative bodies of the cities also shall
notify the county legislative authority of each county in
which the cities are located of the proposed consolidation.
[1985 c 281 § 4.]
35.10.420 Consolidation—Submission of ballot
proposal—Initiation by petition. The submission of a
ballot proposal to the voters of two or more contiguous cities
for the consolidation of these contiguous cities may also be
caused by the filing of a petition with the legislative body of
each such city, signed by the voters of each city in number
equal to not less than ten percent of voters who voted in the
city at the last general municipal election therein, seeking
consolidation of such contiguous cities. A copy of the
petition shall be forwarded immediately by each city to the
auditor of the county or counties within which that city is
located.
[Title 35 RCW—page 23]
35.10.420
Title 35 RCW: Cities and Towns
The county auditor or auditors shall determine the
sufficiency of the signatures in each petition within ten days
of receipt of the copies and immediately notify the cities
proposed to be consolidated of the sufficiency. If each of
the petitions is found to have sufficient valid signatures, the
auditor or auditors shall call a special election at which the
question of whether such cities shall consolidate shall be
submitted to the voters of each of such cities. If a general
election is to be held more than ninety days but not more
than one hundred eighty days after the filing of the last
petition, the question shall be submitted at that election.
Otherwise the question shall be submitted at a special
election to be called for that purpose at the next special election date, as specified in RCW 29.13.020, that occurs ninety
or more days after the date when the last petition was filed.
If each of the petitions is found to have sufficient valid
signatures, the auditor or auditors also shall notify the county
legislative authority of each county in which the cities are
located of the proposed consolidation.
Petitions shall conform with the requirements for form
prescribed in RCW 35A.01.040, except different colored
paper may be used on petitions circulated in the different
cities. A legal description of the cities need not be included
in the petitions. [1995 c 196 § 7; 1985 c 281 § 5.]
35.10.430 Consolidation—Form of government. A
joint resolution or petition shall prescribe the form or plan of
government of the proposed consolidated city, or shall
provide that a ballot proposition to determine the form or
plan of government shall be submitted to the voters of the
cities proposed to be consolidated. The plans or forms of
government include: Mayor/council, council/manager, and
commission. If a commission form or plan of government
is prescribed or chosen by the voters, the commission shall
be subject to chapter 35.17 RCW and the noncharter code
city shall be assumed to have had a commission plan or
form of government prior to its becoming a noncharter code
city, as provided in RCW 35A.02.130. However, three
commissioners would be elected at the election provided in
RCW 35.10.480. [1985 c 281 § 6.]
35.10.440 Consolidation—Assumption of general
obligation indebtedness. A joint resolution or a petition
may contain a proposal that a general obligation indebtedness of one or more of the cities proposed to be consolidated
shall be assumed by the proposed consolidated city, in which
event, the joint resolution or petition shall specify the
improvement or service for which such general obligation
indebtedness was incurred and state the amount of any such
indebtedness then outstanding and the rate of interest payable
thereon. [1985 c 281 § 7.]
35.10.450 Consolidation—Public meetings on
proposal—Role of boundary review board. The county
legislative authority, or the county legislative authorities
jointly, shall set the date, time, and place for one or more
public meetings on the proposed consolidation, and name a
person or persons to chair the meetings. There shall be at
least one public meeting in each county in which one or
more of the cities proposed to be consolidated is located. A
county legislative authority may name the members of the
[Title 35 RCW—page 24]
boundary review board, if one exists in the county, to chair
one or more of the public meetings held in that county. In
addition to any meeting held by the county, a boundary
review board, if requested by a majority of the county legislative authority, may hold a public meeting on proposed
consolidation of cities. The meeting shall be limited to
receiving comments and written materials from citizens and
city officials on the proposed consolidation of that portion of
cities located in the county which the boundary review board
serves. The record and proceedings of the boundary review
board are supplemental and advisory to the consolidation of
cities. If a boundary review board meets pursuant to this
section, the boundary review board may include, as part of
its record, comments pertaining to the probable environmental impact of the proposed consolidation. The record of the
meeting and advisory comments of the board, if any, must
be filed with the county legislative authority no later than
twenty days before the date of the election at which the
question of consolidating the cities is presented to the voters.
The boundary review board shall not have any authority or
jurisdiction on city consolidations under chapter 36.93 RCW.
A public meeting shall be held at each specified date, time,
and place. The public meetings of the county or the
boundary review board shall be held at least twenty but not
more than forty-five days before the date of the election at
which the question of consolidating the cities is presented to
the voters.
At each public meeting, each city proposed to be
consolidated shall present testimony and written materials
concerning the following topics: (1) The rate or rates of
property taxes imposed by the city, and the purposes of these
levies; (2) the excise taxes imposed by the city, including the
tax bases and rates; and (3) the indebtedness of the city,
including general indebtedness, both voter-approved and
nonvoter-approved, as well as the city’s special indebtedness,
such as revenue bond indebtedness. Any interested person,
including the officials of the cities proposed to be consolidated, may present information concerning the proposed
consolidation and testify for or against the proposed consolidations.
Notice of each public meeting shall be published by the
county within whose boundaries the public meeting is held
in the normal manner notices of county hearings are published. [1985 c 281 § 8.]
35.10.460 Consolidation—Ballot questions. If a
proposal for assumption of indebtedness is to be submitted
to the voters of a city in which the indebtedness did not
originate, the proposal shall be separately stated and the ballots shall contain, as a separate proposition to be voted on,
the words "For Assumption of Indebtedness to be paid by
the levy of annual property taxes in excess of regular
property taxes" and "Against Assumption of Indebtedness to
be paid by the levy of annual property taxes in excess of
regular property taxes" or words equivalent thereto. If the
question of the form or plan of government is to be submitted to the voters, the question shall be separately stated and
the ballots shall contain, as a separate proposition to be
voted on, the option of a voter to select one of the three
forms or plans of government. If the question of the name
of the proposed consolidated city is to be submitted to the
(2002 Ed.)
Consolidation and Annexation of Cities and Towns
voters, the question shall be separately stated and the ballots
shall contain, as a separate proposition to be voted on, the
option of a voter to select one of the names of the proposed
consolidated city. [1995 c 196 § 1; 1985 c 281 § 9.]
35.10.470 Consolidation—Canvass of votes. The
county canvassing board in each county involved shall
canvass the returns in each election. The votes cast in each
of such cities shall be canvassed separately, and the statement shall show the whole number of votes cast, the number
of votes cast in each city for consolidation, and the number
of votes cast in each city against such consolidation. If a
proposal for assumption or indebtedness was voted upon in
a city in which the indebtedness did not originate, the
statement shall show the number of votes cast in such a city
for assumption of indebtedness and the number of votes cast
against assumption of indebtedness. If a question of the
form or plan of government was voted upon, the statement
shall show the number of votes cast in each city for each of
the optional forms or plans of government. If a name for
the proposed consolidated city was voted upon, the statement
shall show the number of votes cast in each city for each
optional name. A certified copy of such statement shall be
filed with the legislative body of each of the cities proposed
to be consolidated.
If it appears from such statement of canvass that a
majority of the votes cast in each of the cities were in favor
of consolidation, the consolidation shall be authorized and
shall be effective when the newly elected legislative body
members assume office, as provided in RCW 35.10.480.
If a question of the form or plan of government was
voted upon, that form or plan receiving the greatest combined number of votes shall become the form or plan of
government for the consolidated city. If two or three of the
forms or plans of government received the same highest
number of votes, the form or plan of government shall be
chosen by lot between those receiving the same highest
number, where the mayor of the largest of the cities proposed to be consolidated draws the lot at a public meeting.
If a proposition to assume indebtedness was submitted
to voters of a city in which the indebtedness did not originate, the proposition shall be deemed approved if approved
by a majority of at least three-fifths of the voters of the city,
and the number of persons voting on the proposition constitutes not less than forty percent of the number of votes cast
in the city at the last preceding general election. Approval
of the proposition authorizes annual property taxes to be
levied on the property within the city in which the indebtedness did not originate that are in excess of regular property
taxes. However, if the general indebtedness in question was
incurred by action of a city legislative body, a proposition
for assuming the indebtedness need only be approved by a
simple majority vote of the voters of the city in which such
indebtedness did not originate.
If a question of the name of the proposed consolidated
city was voted upon, that name receiving the greatest
combined number of votes shall become the name of the
consolidated city. If two proposed names receive the same
number of votes, the name shall be chosen by lot, where the
mayor of the largest of the cities proposed to be consolidated
(2002 Ed.)
35.10.460
draws the lot at a public meeting. [1995 c 196 § 2; 1985 c
281 § 10.]
35.10.480 Consolidation—Elections of officials—
Effective date of consolidation. If the voters of each of the
cities proposed to consolidate approve the consolidation,
elections to nominate and elect the elected officials of the
consolidated city shall be held at times specified in RCW
35A.02.050. If the joint resolution or the petitions prescribe
that councilmembers of the consolidated city shall be elected
from wards, then the councilmembers shall be elected from
wards under RCW 35A.12.180. Terms shall be established
as if the city is initially incorporating.
The newly elected officials shall take office immediately
upon their qualification. The effective date of the consolidation shall be when a majority of the newly elected members
of the legislative body assume office. The clerk of the
newly consolidated city shall transmit a duly certified copy
of an abstract of the votes to authorize the consolidation and
of the election of the newly elected city officials to the
secretary of state and the office of financial management.
[1995 c 196 § 3; 1985 c 281 § 11.]
35.10.490 Consolidation—Name of city. A joint
resolution or the petitions may prescribe the name of the
proposed consolidated city or may provide that a ballot
proposition to determine the name of the proposed consolidated city be submitted to the voters of the cities proposed
to be consolidated. If two alternative names are submitted,
the name receiving the simple majority vote of the voters
voting on the question shall become the name of the consolidated city. If the name for the proposed consolidated city is
not prescribed by the joint resolution or petition, or a
proposition on the name is not submitted to the voters of the
cities proposed to be consolidated, then the newly consolidated city shall be known as the city of . . . . . . (listing the
names of the cities that were consolidated in alphabetical
order). The legislative body of the newly consolidated city
may present another name or two names for the newly
consolidated city to the city voters for their approval or
rejection at the next municipal general election held after the
effective date of the consolidation. If only one alternative
name is submitted, this alternative name shall become the
name of the consolidated city if approved by a simple
majority vote of the voters voting on the question. If two
alternative names are submitted, the name receiving the
simple majority vote of the voters voting on the question
shall become the name of the consolidated city. [1995 c 196
§ 4; 1985 c 281 § 12.]
35.10.500 Consolidation—Costs of election and
public meetings. If consolidation is authorized, the costs of
such election and the public meetings shall be borne by the
city formed by such consolidation. If the consolidation is
not authorized, the costs of election and the public meetings
shall be borne proportionately by each city affected, in that
ratio in which the number of inhabitants residing in the total
area in which the election was held, as shown by the figures
released at the most recent state or federal census or by a
determination of the office of financial management. [1985
c 281 § 13.]
[Title 35 RCW—page 25]
35.10.510
Title 35 RCW: Cities and Towns
35.10.510 Consolidation—Transfer of fire department employees. Upon the consolidation of two or more
cities or code cities, any employee of the fire department of
the former city or cities who (1) was at the time of consolidation employed exclusively or principally in performing the
powers, duties, and functions which are to be performed by
the fire department of the consolidated city or code city, as
the case may be, (2) will, as a direct consequence of
consolidation, be separated from the employ of the former
city, code city or town, and (3) can perform the duties and
meet the minimum requirements of the position to be filled,
then such employee may transfer employment to the fire
department of the consolidated city, as provided in this
section and RCW 35.10.520 and 35.10.530.
For purposes of this section and RCW 35.10.520 and
35.10.530, employee means an individual whose employment
has been terminated because of a consolidation of two or
more cities, code cities or towns. [1986 c 254 § 1.]
Effective date—Legislative study—1986 c 254 §§ 1-3: "Sections 1
through 3 of this act shall take effect July 1, 1987. The appropriate
committees of the senate and house of representatives shall conduct a study
of the transfer rights of employees during the consolidation of cities and
code cities and make recommendations to the legislature at the start of the
1987 legislative session." [1986 c 254 § 16.]
35.10.520 Consolidation—Transfer of fire department employees—Rights and benefits. (1) An eligible
employee may transfer into the civil service system of the
consolidated city or code city by filing a written request with
the civil service commission of the consolidated city. Upon
receipt of such request by the civil service commission the
transfer of employment shall be made. The employee so
transferring will (a) be on probation for the same period as
are new employees in the position filled, but if the transferring employee has already completed a probationary period
as a fire fighter prior to the transfer, then the employee may
only be terminated during the probationary period for failure
to adequately perform assigned duties, not meeting the
minimum qualifications of the position, or behavior that
would otherwise be subject to disciplinary action, (b) be
eligible for promotion no later than after completion of the
probationary period, (c) receive a salary at least equal to that
of other new employees in the position filled, and (d) in all
other matters, such as retirement, sick leave, and vacation,
have, within the city or code city civil service system, all the
rights, benefits, and privileges to which he or she would
have been entitled as a member of the consolidated city fire
department from the beginning of his or her employment
with the former city or code city fire department: PROVIDED, That for purposes of layoffs by the consolidated city or
code city, only the time of service accrued with the consolidated city or code city shall apply unless an agreement is
reached between the collective bargaining representatives of
the employees of the consolidating fire agencies and consolidated agencies and the consolidating and consolidated fire
agencies. A record of the employee’s service with the
former city or code city fire department shall be transmitted
to the applicable civil service commission and shall be
credited to such employee as a part of the period of employment in the consolidated city fire department. All accrued
benefits are transferable provided that the recipient agency
provides comparable benefits. All benefits shall then accrue
[Title 35 RCW—page 26]
based on the combined seniority of each employee in the
recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the consolidated city or code city
fire department as the department determines are needed to
provide services. These needed employees shall be taken in
order of greatest seniority from any of the seniority lists of
the consolidating city or code city and the remaining
employees who transfer as provided in this section and RCW
35.10.510 and 35.10.530 shall head the list for employment
in the civil service system in order of their seniority, to the
end that they shall be the first to be reemployed in the fire
department when appropriate positions become available:
PROVIDED, That employees who are not immediately hired
by the city, code city, or town shall be placed on a reemployment list for a period not to exceed thirty-six months
unless a longer period is authorized by an agreement reached
between the collective bargaining representatives of the
employees of the consolidating fire agencies and consolidated fire agency and the consolidating and consolidated fire
agencies.
(3) The consolidated city or code city shall retain the
right to select the fire chief and assistant fire chiefs regardless of seniority. [1994 c 73 § 2; 1986 c 254 § 2.]
Effective date—1994 c 73: See note following RCW 35.10.365.
Effective date—Legislative study—1986 c 254 §§ 1-3: See note
following RCW 35.10.510.
35.10.530 Consolidation—Transfer of fire department employees—Notice—Time limitation. If, as a result
of consolidation of two or more cities, or code cities, any
employee is laid off who is eligible to transfer to the city
fire department pursuant to this section and RCW 35.10.510
and 35.10.520, the city fire department shall notify the
employee of the right to so transfer and the employee shall
have ninety days to transfer employment to the consolidating
city, or code city fire department. [1986 c 254 § 3.]
Effective date—Legislative study—1986 c 254 §§ 1-3: See note
following RCW 35.10.510.
35.10.540 Consolidation—Creation of community
municipal corporation. Voters of one or more of the cities
that are proposed to be consolidated may have a ballot
proposition submitted to them authorizing the simultaneous
creation of a community municipal corporation and election
of community council members as provided for under
chapter 35.14 RCW. The joint resolution that initiates a
consolidation under RCW 35.10.410 may provide for the
question of whether a community municipal corporation shall
be created to be submitted to the voters of one or more of
the cities that are proposed to be consolidated as a separate
ballot measure from the ballot measure authorizing the
consolidation or as part of the same ballot measure authorizing the consolidation. The petitions that are signed by the
voters of each of the cities that are proposed to be consolidated under RCW 35.10.420 may provide for the question of
whether to create a community municipal corporation to be
submitted to the voters of that city as a separate ballot
measure from the ballot measure authorizing the consolidation or as part of the same ballot measure authorizing the
consolidation.
(2002 Ed.)
Consolidation and Annexation of Cities and Towns
The ballots shall contain the words "For consolidation
and creation of community municipal corporation" and
"Against consolidation and creation of community municipal
corporation," or "For creation of community municipal
corporation" and "Against creation of community municipal
corporation," as the case may be. Approval of either optional ballot proposition shall be by simple majority vote of the
voters voting on the proposition, but the consolidation must
be authorized by the voters of each city proposed to be
consolidated before a community municipal corporation is
created. [1993 c 75 § 2.]
35.10.550 Consolidation—Wards. Unless a commission form of government is prescribed or submitted to the
voters under RCW 35.10.430, a joint resolution or petition
may prescribe that wards be used to elect the
councilmembers of the consolidated city. The joint resolution or petition must contain a map of the proposed consolidated city that clearly delineates the boundaries of each
ward. Each ward in the proposed consolidated city shall
contain approximately the same population. To the greatest
extent possible, the integrity of the boundaries of the cities
that are proposed to be consolidated shall be respected when
the wards are drawn so that the territory within each city is:
(1) Included within the fewest number of wards, to the
extent the city has a population that is greater than the
maximum population established for each ward; or (2)
included wholly within one ward, to the extent the city has
a population that is equal to or less than the maximum
population established for each ward. After the election
specified in RCW 35.10.480, election wards may be modified in the manner specified in RCW 35A.12.180. [1995 c
196 § 6.]
35.10.900 Severability—1969 ex.s. c 89. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 89 § 19.]
35.10.905 Severability—1985 c 281. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 281 § 31.]
Chapter 35.13
ANNEXATION OF UNINCORPORATED AREAS
Sections
35.13.001
35.13.005
35.13.010
35.13.015
35.13.020
35.13.030
35.13.040
(2002 Ed.)
Actions subject to review by boundary review board.
Annexations beyond urban growth areas prohibited.
Authority for annexation—Consent of county commissioners
for certain property.
Election method—Resolution for election—Contents of
resolution.
Election method—Petition for election—Signers—Rate of
assessment in annexed area—Comprehensive plan—
Community municipal corporation—Filing and approval—Costs.
Election method—Petition for election—Content.
Election method—Hearing—Notice.
35.10.540
35.13.050
Election method—Petition or resolution for election—Others
covering same area barred from consideration, withdrawal.
35.13.060 Election method—Fixing date of election.
35.13.070 Election method—Conduct of election.
35.13.080 Election method—Notice of election.
35.13.090 Election method—Vote required—Proposition for assumption of indebtedness—Certification.
35.13.095 Election method—Vote required for annexation with assumption of indebtedness—Without assumption of indebtedness.
35.13.100 Election method—Ordinances required upon voter approval—Assumption of indebtedness.
35.13.110 Election method—Effective date of annexation or annexation and comprehensive plan or annexation and creation of community municipal corporation, taxation of
area annexed.
35.13.120 Election method is alternative.
35.13.125 Direct petition method—Commencement of proceedings—
Notice to legislative body—Meeting—Assumption of
indebtedness—Comprehensive plan.
35.13.130 Direct petition method—Petition—Signers—Content.
35.13.140 Direct petition method—Notice of hearing.
35.13.150 Direct petition method—Ordinance providing for annexation.
35.13.160 Direct petition method—Effective date of annexation or
annexation and comprehensive plan—Assessment, taxation of territory annexed.
35.13.165 Termination of annexation proceedings in cities over four
hundred thousand—Declarations of termination filed by
property owners.
35.13.170 Direct petition method is alternative.
35.13.171 Review board—Convening—Composition.
35.13.172 When review procedure may be dispensed with.
35.13.173 Determination by review board—Factors considered—Filing
of findings.
35.13.174 Date for annexation election if review board’s determination
favorable.
35.13.176 Territory subject to annexation proposal—When annexation
by another city or incorporation allowed.
35.13.177 Comprehensive land use plan for area to be annexed—
Contents—Purpose.
35.13.178 Comprehensive land use plan for area to be annexed—
Hearings on proposed plan—Notice—Filing.
35.13.180 Annexation for municipal purposes.
35.13.182 Annexation of unincorporated island of territory—
Resolution—Notice of hearing.
35.13.1821 Annexation of unincorporated island of territory—
Referendum—Election.
35.13.1822 Annexation of unincorporated island of territory—Notice,
hearing.
35.13.185 Annexation of federal areas by first class city.
35.13.190 Annexation of federal areas by second class cities and
towns.
35.13.200 Annexation of federal areas by second class cities and
towns—Annexation ordinance—Provisions.
35.13.210 Annexation of federal areas by second class cities and
towns—Authority over annexed territory.
35.13.215 Annexation of fire districts—Transfer of employees.
35.13.225 Annexation of fire districts—Transfer of employees—Rights
and benefits.
35.13.235 Annexation of fire districts—Transfer of employees—
Notice—Time limitation.
35.13.249 Annexation of fire districts—Ownership of assets of fire
protection district—Outstanding indebtedness not affected.
35.13.260 Determining population of annexed territory—Certificate—
As basis for allocation of state funds—Revised certificate.
35.13.270 Road district taxes collected in annexed territory—
Disposition—Notification of annexation.
35.13.280 Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed—
Regulation of solid waste collection.
35.13.290 When right of way may be included—Use of right of way
line as corporate boundary.
35.13.300 Boundary line adjustment—Purpose—Definition.
[Title 35 RCW—page 27]
Chapter 35.13
Title 35 RCW: Cities and Towns
35.13.310
Boundary line adjustment—Agreement—Not subject to
review.
35.13.320 Boundary line adjustment—When adjustment required—
Limitation—Not subject to review.
35.13.330 Boundary line adjustment—Agreement pending incorporation—Limitation—Not subject to review.
35.13.340 Boundary line adjustment—Inclusion or exclusion of remaining portion of parcel—When subject to review—
Definition.
35.13.350 Providing annexation information to public.
35.13.360 Transfer of county sheriff’s employees—Purpose.
35.13.370 Transfer of county sheriff’s employees—When authorized.
35.13.380 Transfer of county sheriff’s employees—Conditions, limitations.
35.13.390 Transfer of county sheriff’s employees—Rules.
35.13.400 Transfer of county sheriff’s employees—Notification of right
to transfer—Time for filing transfer request.
35.13.900 Application of chapter to annexations involving water or
sewer service.
Annexation of fire protection district territory: RCW 35.02.190 through
35.02.205.
Consolidation and annexation of cities and towns: Chapter 35.10 RCW.
Local governmental organizations, actions affecting boundaries, review by
boundary review board: Chapter 36.93 RCW.
Population determinations: Chapter 43.62 RCW.
Procedure to attack consolidation or annexation affecting a city of the
second class: RCW 35.23.545.
Provisions relating to city annexation review boards not applicable where
boundary review board created: RCW 36.93.220.
35.13.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.13 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 28.]
35.13.005 Annexations beyond urban growth areas
prohibited. No city or town located in a county in which
urban growth areas have been designated under RCW
36.70A.110 may annex territory beyond an urban growth
area. [1990 1st ex.s. c 17 § 30.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35.13.010 Authority for annexation—Consent of
county commissioners for certain property. Any portion
of a county not incorporated as part of a city or town but
lying contiguous thereto may become a part of the city or
town by annexation: PROVIDED, That property owned by
a county, and used for the purpose of an agricultural fair as
provided in chapter 15.76 RCW or chapter 36.37 RCW shall
not be subject to annexation without the consent of the
majority of the board of county commissioners. An area
proposed to be annexed to a city or town shall be deemed
contiguous thereto even though separated by water or tide or
shore lands on which no bona fide residence is maintained
by any person. [1965 c 7 § 35.13.010. Prior: 1959 c 311
§ 1; prior: (i) 1937 c 110 § 1; 1907 c 245 § 1; RRS § 8896.
(ii) 1945 c 128 § 1; Rem. Supp. 1945 § 8909-10.]
Validation—1961 ex.s. c 16: Validation of certain incorporations and
annexations—Municipal corporations of the fourth class: See note
following RCW 35.21.010.
35.13.015 Election method—Resolution for election—Contents of resolution. In addition to the method
prescribed by RCW 35.13.020 for the commencement of
[Title 35 RCW—page 28]
annexation proceedings, the legislative body of any city or
town may, whenever it shall determine by resolution that the
best interests and general welfare of such city or town would
be served by the annexation of unincorporated territory
contiguous to such city or town, file a certified copy of the
resolution with the board of county commissioners of the
county in which said territory is located. The resolution of
the city or town initiating such election shall, subject to
RCW 35.02.170, describe the boundaries of the area to be
annexed, as nearly as may be state the number of voters
residing therein, pray for the calling of an election to be held
among the qualified voters therein upon the question of
annexation, and provide that said city or town will pay the
cost of the annexation election. The resolution may require
that there also be submitted to the electorate of the territory
sought to be annexed a proposition that all property within
the area annexed shall, upon annexation, be assessed and
taxed at the same rate and on the same basis as the property
of such annexing city or town is assessed and taxed to pay
for all or any portion of the then outstanding indebtedness of
the city or town to which said area is annexed, approved by
the voters, contracted, or incurred prior to, or existing at, the
date of annexation. Whenever a city or town has prepared
and filed a comprehensive plan for the area to be annexed as
provided for in RCW 35.13.177 and 35.13.178, the resolution initiating the election may also provide for the
simultaneous adoption of the comprehensive plan upon
approval of annexation by the electorate of the area to be annexed. The resolution initiating the election may also
provide for the simultaneous creation of a community
municipal corporation and election of community council
members as provided for in RCW 35.14.010 through
35.14.060 upon approval of annexation by the electorate of
the area to be annexed. In cities under the optional municipal code the resolution initiating the election may also
provide for the simultaneous inclusion of the annexed area
into a named existing community municipal corporation.
The proposition for the creation of a community municipal
corporation may be submitted as part of the annexation
proposition or may be submitted as a separate proposition.
The proposition for inclusion within a named existing
community municipal corporation shall be submitted as part
of the annexation proposition. [1975 1st ex.s. c 220 § 6;
1973 1st ex.s. c 164 § 2; 1970 ex.s. c 52 § 6; 1967 c 73 §
7; 1965 ex.s. c 88 § 3; 1965 c 7 § 35.13.015. Prior: 1961
c 282 § 1.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Community municipal corporations: Chapter 35.14 RCW.
35.13.020 Election method—Petition for election—
Signers—Rate of assessment in annexed area—
Comprehensive plan—Community municipal corporation—Filing and approval—Costs. A petition for an election to vote upon the annexation of a portion of a county to
a contiguous city or town signed by qualified voters resident
in the area equal in number to twenty percent of the votes
cast at the last election may be filed in the office of the
board of county commissioners: PROVIDED, That any such
petition shall first be submitted to the prosecuting attorney
who shall, within twenty-one days after submission, certify
(2002 Ed.)
Annexation of Unincorporated Areas
or refuse to certify the petition as set forth in *RCW
35.13.025. If the prosecuting attorney certifies the petition,
it shall be filed with the legislative body of the city or town
to which the annexation is proposed, and such legislative
body shall, by resolution entered within sixty days from the
date of presentation, notify the petitioners, either by mail or
by publication in the same manner notice of hearing is required by RCW 35.13.040 to be published, of its approval or
rejection of the proposed action. The petition may also
provide for the simultaneous creation of a community
municipal corporation and election of community council
members as provided for in RCW 35.14.010 through
35.14.060. In approving the proposed action, the legislative
body may require that there also be submitted to the electorate of the territory to be annexed, a proposition that all
property within the area to be annexed shall, upon annexation be assessed and taxed at the same rate and on the same
basis as the property of such annexing city or town is
assessed and taxed to pay for all or any portion of the then
outstanding indebtedness of the city or town to which said
area is annexed, approved by the voters, contracted, or
incurred prior to, or existing at, the date of annexation.
Only after the legislative body has completed preparation
and filing of a comprehensive plan for the area to be
annexed as provided for in RCW 35.13.177 and 35.13.178,
the legislative body in approving the proposed action, may
require that the comprehensive plan be simultaneously
adopted upon approval of annexation by the electorate of the
area to be annexed. The approval of the legislative body
shall be a condition precedent to the filing of such petition
with the board of county commissioners as hereinafter
provided. The costs of conducting such election shall be a
charge against the city or town concerned. The proposition
or questions provided for in this section may be submitted to
the voters either separately or as a single proposition. [1981
c 332 § 3; 1973 1st ex.s. c 164 § 3; 1967 c 73 § 8; 1965
ex.s. c 88 § 4; 1965 c 7 § 35.13.020. Prior: 1961 c 282 §
7; prior: 1951 c 248 § 6; 1907 c 245 § 2, part; RRS § 8897,
part.]
*Reviser’s note: RCW 35.13.025 was repealed by 1989 c 351 § 10.
Severability—1981 c 332: See note following RCW 35.13.165.
35.13.030 Election method—Petition for election—
Content. A petition filed with the county commissioners to
call an annexation election shall, subject to RCW 35.02.170,
particularly describe the boundaries of the area proposed to
be annexed, state the number of voters residing therein as
nearly as may be, state the provisions, if any there be,
relating to assumption of debt by the owners of property of
the area proposed to be annexed, and/or the simultaneous
adoption of a comprehensive plan for the area proposed to
be annexed, and shall pray for the calling of an election to
be held among the qualified voters therein upon the question
of annexation. If the petition also provides for the creation
of a community municipal corporation and election of
community council members, the petition shall also describe
the boundaries of the proposed service area, state the number
of voters residing therein as nearly as may be, and pray for
the election of community council members by the qualified
voters residing in the service area. [1975 1st ex.s. c 220 §
7; 1967 c 73 § 9; 1965 ex.s. c 88 § 5; 1965 c 7 § 35.13.030.
(2002 Ed.)
35.13.020
Prior: 1961 c 282 § 8; prior: 1907 c 245 § 2, part; RRS §
8897, part.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35.13.040 Election method—Hearing—Notice.
Upon the filing of approval by the review board of a twenty
percent annexation petition under the election method to call
an annexation election, the board of county commissioners
at its next meeting shall fix a date for hearing thereon to be
held not less than two weeks nor more than four weeks
thereafter, of which hearing the petitioners must give notice
by publication once each week at least two weeks prior
thereto in some newspaper of general circulation in the area
proposed to be annexed. Upon the day fixed, the board shall
hear the petition, and if it complies with the requirements of
law and has been approved by the review board, shall grant
it. The hearing may be continued from time to time for an
aggregate period not exceeding two weeks. [1973 1st ex.s.
c 164 § 4; 1965 c 7 § 35.13.040. Prior: 1961 c 282 § 9;
prior: 1907 c 245 § 2, part; RRS § 8897, part.]
35.13.050 Election method—Petition or resolution
for election—Others covering same area barred from
consideration, withdrawal. After the filing with the board
of county commissioners of a petition or resolution pursuant
to RCW 35.13.015 to call an annexation election, pending
the hearing under the twenty percent annexation petition
under the election method and pending the election to be
called thereunder, the board of county commissioners shall
not consider any other petition or resolution involving any
portion of the territory embraced therein: PROVIDED, That
the petition or resolution may be withdrawn or a new
petition or resolution embracing other or different boundaries
substituted therefor by a majority of the signers thereof, or
in the case of a resolution, by the legislative body of the city
or town, and the same proceeding shall be taken as in the
case of an original petition or resolution. [1973 1st ex.s. c
164 § 5; 1965 c 7 § 35.13.050. Prior: 1961 c 282 § 10;
prior: 1907 c 245 § 2, part; RRS § 8897, part.]
35.13.060 Election method—Fixing date of election.
Upon granting the petition under the twenty percent annexation petition under the election method, and after the auditor
has certified the petition as being sufficient, the legislative
body of the city or town shall indicate to the county auditor
its preference for the date of the election on the annexation
to be held, which shall be one of the dates for special
elections provided under RCW 29.13.020 that is sixty or
more days after the date the preference is indicated. The
county auditor shall call the special election at the special
election date indicated by the city or town. [1989 c 351 §
2; 1973 1st ex.s. c 164 § 6; 1965 c 7 § 35.13.060. Prior:
1961 c 282 § 12; prior: 1907 c 245 § 3, part; RRS § 8898,
part.]
Election method, date for annexation election if review board’s determination favorable: RCW 35.13.174.
35.13.070 Election method—Conduct of election.
An annexation election shall be held in accordance with the
general election laws of the state, and only registered voters
[Title 35 RCW—page 29]
35.13.070
Title 35 RCW: Cities and Towns
who have resided in the area proposed to be annexed for
ninety days immediately preceding the election shall be
allowed to vote therein. [1965 c 7 § 35.13.070. Prior:
1961 c 282 § 15; prior: 1907 c 245 § 4, part; RRS § 8899,
part.]
Conduct of elections: RCW 29.13.040.
35.13.080 Election method—Notice of election.
Notice of an annexation election shall particularly describe
the boundaries of the area proposed to be annexed, describe
the boundaries of the proposed service area if the simultaneous creation of a community municipal corporation is
provided for, state the objects of the election as prayed in
the petition or as stated in the resolution and require the
voters to cast ballots which shall contain the words "For
annexation" and "Against annexation" or words equivalent
thereto, or contain the words "For annexation and adoption
of comprehensive plan" and "Against annexation and
adoption of comprehensive plan" or words equivalent thereto
in case the simultaneous adoption of a comprehensive plan
is proposed, and, if appropriate, the words "For creation of
community municipal corporation" and "Against creation of
community municipal corporation" or words equivalent
thereto, or contain the words "For annexation and creation of
community municipal corporation" and "Against annexation
and creation of community municipal corporation" or words
equivalent thereto in case the simultaneous creation of a
community municipal corporation is proposed, and which in
case the assumption of indebtedness is proposed, shall
contain as a separate proposition, the words "For assumption
of indebtedness" and "Against assumption of indebtedness"
or words equivalent thereto and if only a portion of the
indebtedness of the annexing city or town is to be assumed,
an appropriate separate proposition for and against the
assumption of such portion of the indebtedness shall be
submitted to the voters. If the creation of a community
municipal corporation and election of community council
members is provided for, the notice shall also require the
voters within the service area to cast ballots for candidates
for positions on such council. The notice shall be posted for
at least two weeks prior to the date of election in four public
places within the area proposed to be annexed and published
in accordance with the notice required by RCW 29.27.080
prior to the date of election in a newspaper of general
circulation in the area proposed to be annexed. [1973 1st
ex.s. c 164 § 7; 1967 c 73 § 10; 1965 ex.s. c 88 § 6; 1965
c 7 § 35.13.080. Prior: 1961 c 282 § 13; prior: 1907 c 245
§ 3, part; RRS § 8898, part.]
35.13.090 Election method—Vote required—
Proposition for assumption of indebtedness—
Certification. (1) The proposition for or against annexation
or for or against annexation and adoption of the comprehensive plan, or for or against creation of a community municipal corporation, or any combination thereof, as the case may
be, shall be deemed approved if a majority of the votes cast
on that proposition are cast in favor of annexation or in
favor of annexation and adoption of the comprehensive plan,
or for creation of the community municipal corporation, or
any combination thereof, as the case may be.
[Title 35 RCW—page 30]
(2) If a proposition for or against assumption of all or
any portion of indebtedness was submitted to the registered
voters, it shall be deemed approved if a majority of at least
three-fifths of the registered voters of the territory proposed
to be annexed voting on such proposition vote in favor
thereof, and the number of registered voters voting on such
proposition constitutes not less than forty percent of the total
number of votes cast in such territory at the last preceding
general election.
(3) If either or both propositions were approved by the
registered voters, the county auditor shall on completion of
the canvassing of the returns transmit to the county legislative authority and to the clerk of the city or town to which
annexation is proposed a certificate of the election results,
together with a certified abstract of the vote showing the
whole number who voted at the election, the number of
votes cast for annexation and the number cast against
annexation or for annexation and adoption of the comprehensive plan and the number cast against annexation and
adoption of the comprehensive plan or for creation of a
community municipal corporation and the number cast
against creation of a community municipal corporation, or
any combination thereof, as the case may be.
(4) If a proposition for assumption of all or of any
portion of indebtedness was submitted to the registered
voters, the abstract shall include the number of votes cast for
assumption of indebtedness and the number of votes cast
against assumption of indebtedness, together with a statement
of the total number of votes cast in such territory at the last
preceding general election.
(5) If the proposition for creation of a community
municipal corporation was submitted and approved, the
abstract shall include the number of votes cast for the
candidates for community council positions and certificates
of election shall be issued pursuant to RCW 29.27.100 to the
successful candidates who shall assume office as soon as
qualified. [1996 c 286 § 1; 1973 1st ex.s. c 164 § 8; 1967
c 73 § 11; 1965 ex.s. c 88 § 7; 1965 c 7 § 35.13.090. Prior:
1961 c 282 § 16; prior: 1907 c 245 § 4, part; RRS § 8899,
part.]
35.13.095 Election method—Vote required for
annexation with assumption of indebtedness—Without
assumption of indebtedness. A city or town may cause a
proposition authorizing an area to be annexed to the city or
town to be submitted to the qualified voters of the area
proposed to be annexed in the same ballot proposition as the
question to authorize an assumption of indebtedness. If the
measures are combined, the annexation and the assumption
of indebtedness shall be authorized only if the proposition is
approved by at least three-fifths of the voters of the area
proposed to be annexed voting on the proposition, and the
number of persons voting on the proposition constitutes not
less than forty percent of the total number of votes cast in
the area at the last preceding general election.
However, the city or town council may adopt a resolution accepting the annexation, without the assumption of
indebtedness, where the combined ballot proposition is
approved by a simple majority vote of the voters voting on
the proposition. [1989 c 84 § 22.]
(2002 Ed.)
Annexation of Unincorporated Areas
35.13.100 Election method—Ordinances required
upon voter approval—Assumption of indebtedness. If a
proposition relating to annexation or annexation and adoption
of the comprehensive plan or creation of a community
municipal corporation, or both, as the case may be was
submitted to the voters and such proposition was approved,
the legislative body shall adopt an ordinance providing for
the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan, or adopt an
ordinance providing for the annexation and creation of a
community municipal corporation, as the case may be. If a
proposition for annexation or annexation and adoption of the
comprehensive plan or creation of a community municipal
corporation, as the case may be, and a proposition for
assumption of all or of any portion of indebtedness were
both submitted, and were approved, the legislative body shall
adopt an ordinance providing for the annexation or annexation and adoption of the comprehensive plan or annexation
and creation of a community municipal corporation including
the assumption of all or of any portion of indebtedness. If
the propositions were submitted and only the annexation or
annexation and adoption of the comprehensive plan or
annexation and creation of a community municipal corporation proposition was approved, the legislative body may, if
it deems it wise or expedient, adopt an ordinance providing
for the annexation or adopt ordinances providing for the
annexation and adoption of the comprehensive plan, or adopt
ordinances providing for the annexation and creation of a
community municipal corporation, as the case may be.
[1996 c 286 § 2; 1973 1st ex.s. c 164 § 9; 1967 c 73 § 12;
1965 ex.s. c 88 § 8; 1965 c 7 § 35.13.100. Prior: 1961 c
282 § 17; 1957 c 239 § 2; prior: 1907 c 245 § 5, part; RRS
§ 8900, part.]
35.13.110 Election method—Effective date of
annexation or annexation and comprehensive plan or
annexation and creation of community municipal corporation, taxation of area annexed. Upon the date fixed in
the ordinance of annexation, the area annexed shall become
a part of the city or town. Upon the date fixed in the ordinances of annexation and adoption of the comprehensive
plan, the area annexed shall become a part of the city or
town and property in the annexed area shall be subject to
and a part of the comprehensive plan, as prepared and filed
as provided for in RCW 35.13.177 and 35.13.178. Upon the
date fixed in the ordinances of annexation and creation of a
community municipal corporation, the area annexed shall
become a part of the city or town, the community municipal
corporation shall be deemed organized, and property in the
service area shall be deemed subject to the powers granted
to such corporation as provided for in *this 1967 amendatory
act. All property within the territory hereafter annexed shall,
if the proposition approved by the people so provides after
June 12, 1957, be assessed and taxed at the same rate and on
the same basis as the property of such annexing city is
assessed and taxed to pay for all or any portion of the then
outstanding indebtedness of the city or town to which said
area is annexed, approved by the voters, contracted, or
incurred prior to, or existing at, the date of annexation.
[1973 1st ex.s. c 164 § 10; 1967 c 73 § 13; 1965 ex.s. c 88
(2002 Ed.)
35.13.100
§ 9; 1965 c 7 § 35.13.110. Prior: 1957 c 239 § 3; prior:
1907 c 245 § 5, part; RRS § 8900, part.]
*Reviser’s note: The language "this 1967 amendatory act" first
appeared in the amendment to this section by section 13, chapter 73, Laws
of 1967. For the codification of chapter 73, Laws of 1967, see note
following RCW 35.14.010.
35.13.120 Election method is alternative. The
method of annexation provided for in RCW 35.13.020 to
35.13.110 shall be an alternative method, not superseding
any other. [1965 c 7 § 35.13.120. Prior: 1937 c 110 § 2;
1907 c 245 § 6; RRS § 8901.]
35.13.125 Direct petition method—Commencement
of proceedings—Notice to legislative body—Meeting—
Assumption of indebtedness—Comprehensive plan.
Proceedings for the annexation of territory pursuant to RCW
35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170
shall be commenced as provided in this section. Prior to the
circulation of a petition for annexation, the initiating party or
parties who, except as provided in RCW 28A.335.110, shall
be either not less than ten percent of the residents of the area
to be annexed or the owners of not less than ten percent in
value, according to the assessed valuation for general
taxation of the property for which annexation is petitioned,
shall notify the legislative body of the city or town in
writing of their intention to commence annexation proceedings. The legislative body shall set a date, not later than
sixty days after the filing of the request, for a meeting with
the initiating parties to determine whether the city or town
will accept, reject, or geographically modify the proposed
annexation, whether it shall require the simultaneous adoption of the comprehensive plan if such plan has been
prepared and filed for the area to be annexed as provided for
in RCW 35.13.177 and 35.13.178, and whether it shall
require the assumption of all or of any portion of existing
city or town indebtedness by the area to be annexed. If the
legislative body requires the assumption of all or of any
portion of indebtedness and/or the adoption of a comprehensive plan, it shall record this action in its minutes and the
petition for annexation shall be so drawn as to clearly
indicate this fact. There shall be no appeal from the
decision of the legislative body. [1990 c 33 § 565; 1989 c
351 § 3; 1973 1st ex.s. c 164 § 11; 1971 c 69 § 1; 1965
ex.s. c 88 § 10; 1965 c 7 § 35.13.125. Prior: 1961 c 282 §
18.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1971 c 69: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 c 69 § 5.]
35.13.130 Direct petition method—Petition—
Signers—Content. A petition for annexation of an area
contiguous to a city or town may be made in writing
addressed to and filed with the legislative body of the
municipality to which annexation is desired. Except where
all the property sought to be annexed is property of a school
district, and the school directors thereof file the petition for
annexation as in RCW 28A.335.110 authorized, the petition
must be signed by the owners of not less than seventy-five
[Title 35 RCW—page 31]
35.13.130
Title 35 RCW: Cities and Towns
percent in value according to the assessed valuation for
general taxation of the property for which annexation is
petitioned: PROVIDED, That in cities and towns with
populations greater than one hundred sixty thousand located
east of the Cascade mountains, the owner of tax exempt
property may sign an annexation petition and have the tax
exempt property annexed into the city or town, but the value
of the tax exempt property shall not be used in calculating
the sufficiency of the required property owner signatures
unless only tax exempt property is proposed to be annexed
into the city or town. The petition shall set forth a description of the property according to government legal subdivisions or legal plats which is in compliance with RCW
35.02.170, and shall be accompanied by a plat which outlines the boundaries of the property sought to be annexed.
If the legislative body has required the assumption of all or
of any portion of city or town indebtedness by the area
annexed, and/or the adoption of a comprehensive plan for the
area to be annexed, these facts, together with a quotation of
the minute entry of such requirement or requirements shall
be set forth in the petition. [1990 c 33 § 566; 1981 c 66 §
1; 1975 1st ex.s. c 220 § 8; 1973 1st ex.s. c 164 § 12; 1971
c 69 § 2; 1965 ex.s. c 88 § 11; 1965 c 7 § 35.13.130. Prior:
1961 c 282 § 19; 1945 c 128 § 3; Rem. Supp. 1945 § 890812.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1981 c 66: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 66 § 2.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability—1971 c 69: See note following RCW 35.13.125.
35.13.140 Direct petition method—Notice of hearing. Whenever a petition for annexation is filed with the
city or town council, or commission in those cities having a
commission form of government, which meets the requirements herein specified, of which fact satisfactory proof may
be required by the council or commission, the council or
commission may entertain the same, fix a date for a public
hearing thereon and cause notice of the hearing to be
published in one issue of a newspaper of general circulation
in the city or town. The notice shall also be posted in three
public places within the territory proposed for annexation,
and shall specify the time and place of hearing and invite
interested persons to appear and voice approval or disapproval of the annexation. The expense of publication and posting
of the notice shall be borne by the signers of the petition.
[1965 c 7 § 35.13.140. Prior: 1945 c 128 § 2; Rem. Supp.
1945 § 8908-11.] [SLC-RO-8.]
35.13.150 Direct petition method—Ordinance
providing for annexation. Following the hearing, the
council or commission shall determine by ordinance whether
annexation shall be made. Subject to RCW 35.02.170, they
may annex all or any portion of the proposed area but may
not include in the annexation any property not described in
the petition. Upon passage of the ordinance a certified copy
shall be filed with the board of county commissioners of the
county in which the annexed property is located. [1975 1st
[Title 35 RCW—page 32]
ex.s. c 220 § 9; 1965 c 7 § 35.13.150. Prior: 1957 c 239 §
5; prior: 1945 c 128 § 4, part; Rem. Supp. 1945 § 8908-13,
part.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35.13.160 Direct petition method—Effective date of
annexation or annexation and comprehensive plan—
Assessment, taxation of territory annexed. Upon the date
fixed in the ordinance of annexation the area annexed shall
become part of the city or town. All property within the
territory hereafter annexed shall, if the annexation petition so
provided, be assessed and taxed at the same rate and on the
same basis as the property of such annexing city or town is
assessed and taxed to pay for all or of any portion of the
then outstanding indebtedness of the city or town to which
said area is annexed, approved by the voters, contracted, or
incurred prior to, or existing at, the date of annexation. If
the annexation petition so provided, all property in the
annexed area shall be subject to and a part of the comprehensive plan as prepared and filed as provided for in RCW
35.13.177 and 35.13.178. [1973 1st ex.s. c 164 § 13; 1965
ex.s. c 88 § 12; 1965 c 7 § 35.13.160. Prior: 1961 c 282 §
20; 1957 c 239 § 6; prior: (i) 1945 c 128 § 4, part; Rem.
Supp. 1945 § 8908-13, part. (ii) 1945 c 128 § 5; Rem.
Supp. 1945 § 8908-14.]
35.13.165 Termination of annexation proceedings in
cities over four hundred thousand—Declarations of
termination filed by property owners. At any time before
the date is set for an annexation election under RCW
35.13.060 or 35.13.174, all further proceedings to annex
shall be terminated upon the filing of verified declarations of
termination signed by:
(1) Owners of real property consisting of at least sixty
percent of the assessed valuation in the area proposed to be
annexed; or
(2) Sixty percent of the owners of real property in the
area proposed to be annexed.
As used in this subsection, the term "owner" shall
include individuals and corporate owners. In determining
who is a real property owner for purposes of this section, all
owners of a single parcel shall be considered as one owner.
No owner may be entitled to sign more than one declaration
of termination.
Following the termination of such proceedings, no other
petition for annexation affecting any portion of the same
property may be considered by any government body for a
period of five years from the date of filing.
The provisions of this section shall apply only to cities
with a population greater than four hundred thousand. [1989
c 351 § 7; 1981 c 332 § 2.]
Severability—1981 c 332: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 332 § 11.]
35.13.170 Direct petition method is alternative. The
method of annexation provided for in RCW 35.13.130 to
35.13.160 shall be an alternative method, not superseding
any other. [1965 c 7 § 35.13.170. Prior: 1945 c 128 § 6;
Rem. Supp. 1945 § 8908-15.]
(2002 Ed.)
Annexation of Unincorporated Areas
35.13.171 Review board—Convening—Composition.
Within thirty days after the filing of a city’s or town’s
annexation resolution pursuant to RCW 35.13.015 with the
board of county commissioners or within thirty days after
filing with the county commissioners a petition calling for an
election on annexation, as provided in RCW 35.13.020, or
within thirty days after approval by the legislative body of
a city or town of a petition of property owners calling for
annexation, as provided in RCW 35.13.130, the mayor of the
city or town concerned that is not subject to the jurisdiction
of a boundary review board under chapter 36.93 RCW, shall
convene a review board composed of the following persons:
(1) The mayor of the city or town initiating the annexation by resolution, or the mayor in the event of a twenty
percent annexation petition pursuant to RCW 35.13.020, or
an alternate designated by the mayor;
(2) The chairman of the board of county commissioners
of the county wherein the property to be annexed is situated,
or an alternate designated by him or her;
(3) The director of community, trade, and economic
development, or an alternate designated by the director;
Two additional members to be designated, one by the
mayor of the annexing city, which member shall be a
resident property owner of the city, and one by the chairman
of the county legislative authority, which member shall be a
resident of and a property owner or a resident or a property
owner if there be no resident property owner in the area
proposed to be annexed, shall be added to the original
membership and the full board thereafter convened upon call
of the mayor: PROVIDED FURTHER, That three members
of the board shall constitute a quorum. [1995 c 399 § 35;
1985 c 6 § 2; 1973 1st ex.s. c 164 § 14; 1965 c 7 §
35.13.171. Prior: 1961 c 282 § 2.]
35.13.172 When review procedure may be dispensed with. Whenever a petition is filed as provided in
RCW 35.13.020 or a resolution is adopted by the city or
town council, as provided in RCW 35.13.015, and the area
proposed for annexation is less than ten acres and less than
eight hundred thousand dollars in assessed valuation, such
review procedures shall be dispensed with. [1981 c 260 §
6. Prior: 1973 1st ex.s. c 195 § 14; 1973 1st ex.s. c 164 §
15; 1965 c 7 § 35.13.172; prior: 1961 c 282 § 3.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.13.173 Determination by review board—Factors
considered—Filing of findings. The review board shall by
majority action, within three months, determine whether the
property proposed to be annexed is of such character that
such annexation would be in the public interest and for the
public welfare, and in the best interest of the city, county,
and other political subdivisions affected. The governing
officials of the city, county, and other political subdivisions
of the state shall assist the review board insofar as their
offices can, and all relevant information and records shall be
furnished by such offices to the review board. In making
their determination the review board shall be guided, but not
limited, by their findings with respect to the following
factors:
(2002 Ed.)
35.13.171
(1) The immediate and prospective populations of the
area to be annexed;
(2) The assessed valuation of the area to be annexed,
and its relationship to population;
(3) The history of and prospects for construction of
improvements in the area to be annexed;
(4) The needs and possibilities for geographical expansion of the city;
(5) The present and anticipated need for governmental
services in the area proposed to be annexed, including but
not limited to water supply, sewage and garbage disposal,
zoning, streets and alleys, curbs, sidewalks, police and fire
protection, playgrounds, parks, and other municipal services,
and transportation and drainage;
(6) The relative capabilities of the city, county, and
other political subdivisions to provide governmental services
when the need arises;
(7) The existence of special districts except school
districts within the area proposed to be annexed, and the
impact of annexation upon such districts;
(8) The elimination of isolated unincorporated areas
existing without adequate economical governmental services;
(9) The immediate and potential revenues that would be
derived by the city as a result of annexation, and their
relation to the cost of providing service to the area.
Whether the review board determines for or against
annexation, its reasons therefor, along with its findings on
the specified factors and other material considerations shall:
(1) In the case of a petition signed by registered voters
calling for an election on annexation, be filed with the board
of county commissioners;
(2) In the case of a resolution of a city or town initiating annexation proceedings pursuant to RCW 35.13.015, be
filed with the board of county commissioners.
Such findings need not include specific data on every
point listed, but shall indicate that all factors were considered.
A favorable determination by the review board is an
essential condition precedent to the annexation of territory to
a city or town under either the resolution method pursuant to
RCW 35.13.015, or under the twenty percent annexation
petition under the election method. [1973 1st ex.s. c 164 §
16; 1965 c 7 § 35.13.173. Prior: 1961 c 282 § 4.]
35.13.174 Date for annexation election if review
board’s determination favorable. Upon receipt by the
board of county commissioners of a determination by a
majority of the review board favoring annexation of the
proposed area that has been initiated by resolution pursuant
to RCW 35.13.015 by the city or town legislative body, the
board of county commissioners, or the city or town legislative body for any city or town within an urban growth area
designated under RCW 36.70A.110, shall fix a date on
which an annexation election shall be held, which date will
be not less than thirty days nor more than sixty days
thereafter. [1997 c 429 § 38; 1973 1st ex.s. c 164 § 17;
1965 c 7 § 35.13.174. Prior: 1961 c 282 § 5.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Petition method—Fixing date of annexation election: RCW 35.13.060.
Times for holding elections: Chapter 29.13 RCW.
[Title 35 RCW—page 33]
35.13.176
Title 35 RCW: Cities and Towns
35.13.176 Territory subject to annexation proposal—When annexation by another city or incorporation
allowed. After a petition proposing an annexation by a city
or town is filed with the city or town or the governing body
of the city or town, or after a resolution proposing an
annexation by a city or town has been adopted by the city or
town governing body, no territory included in the proposed
annexation may be annexed by another city or town or
incorporated into a city or town unless: (1) The boundary
review board modifies the boundaries of the proposed
annexation and removes the territory; (2) the boundary
review board or review board created under RCW 35.13.171
rejects the proposed annexation; or (3) the city or town
governing body rejects the proposed annexation or voters
defeat the ballot proposition authorizing the annexation.
[1994 c 216 § 7.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35.13.177 Comprehensive land use plan for area to
be annexed—Contents—Purpose. The legislative body of
any city or town acting through a planning commission created pursuant to chapter 35.63 RCW, or pursuant to its
granted powers, may prepare a comprehensive land use plan
to become effective upon the annexation of any area which
might reasonably be expected to be annexed by the city or
town at any future time. Such comprehensive plan, to the
extent deemed reasonably necessary by the legislative body
to be in the interest of health, safety, morals and the general
welfare may provide, among other things, for:
(1) The regulation and restriction within the area to be
annexed of the location and the use of buildings, structures
and land for residence, trade, industrial and other purposes;
the height, number of stories, size, construction and design
of buildings and other structures; the size of yards, courts
and other open spaces on the lot or tract; the density of
population; the set-back of buildings along highways, parks
or public water frontages; and the subdivision and development of land;
(2) The division of the area to be annexed into districts
or zones of any size or shape, and within such districts or
zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or
land;
(3) The appointment of a board of adjustment, to make,
in appropriate cases and subject to appropriate conditions
and safeguards established by ordinance, special exceptions
in harmony with the general purposes and intent of the
comprehensive plan; and
(4) The time interval following an annexation during
which the ordinance or resolution adopting any such plan or
regulations, or any part thereof must remain in effect before
it may be amended, supplemented or modified by subsequent
ordinance or resolution adopted by the annexing city or
town.
All such regulations and restrictions shall be designed,
among other things, to encourage the most appropriate use
of land throughout the area to be annexed; to lessen traffic
congestion and accidents; to secure safety from fire; to
provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to promote
a coordinated development of the unbuilt areas; to encourage
[Title 35 RCW—page 34]
the formation of neighborhood or community units; to secure
an appropriate allotment of land area in new developments
for all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage
and other public uses and requirements. [1965 ex.s. c 88 §
1.]
35.13.178 Comprehensive land use plan for area to
be annexed—Hearings on proposed plan—Notice—Filing.
The legislative body of the city or town shall hold two or
more public hearings, to be held at least thirty days apart,
upon the proposed comprehensive plan, giving notice of the
time and place thereof by publication in a newspaper of
general circulation in the annexing city or town and the area
to be annexed. A copy of the ordinance or resolution
adopting or embodying such proposed plan or any part
thereof or any amendment thereto, duly certified as a true
copy by the clerk of the annexing city or town, shall be filed
with the county auditor. A like certified copy of any map or
plat referred to or adopted by the ordinance or resolution
shall likewise be filed with the county auditor. The auditor
shall record the ordinance or resolution and keep on file the
map or plat. [1965 ex.s. c 88 § 2.]
35.13.180 Annexation for municipal purposes. City
and town councils of second class cities and towns may by
a majority vote annex new unincorporated territory outside
the city or town limits, whether contiguous or noncontiguous
for park, cemetery, or other municipal purposes when such
territory is owned by the city or town or all of the owners of
the real property in the territory give their written consent to
the annexation. [1994 c 81 § 11; 1983 1st ex.s. c 68 § 1;
1981 c 332 § 4; 1965 c 7 § 35.13.180. Prior: 1907 c 228
§ 4; RRS § 9202.]
Severability—1981 c 332: See note following RCW 35.13.165.
35.13.182 Annexation of unincorporated island of
territory—Resolution—Notice of hearing. (1) The
legislative body of a city or town planning under chapter
36.70A RCW as of June 30, 1994, may resolve to annex
territory to the city or town if there is, within the city or
town, unincorporated territory containing residential property
owners within the same county and within the same urban
growth area designated under RCW 36.70A.110 as the city
or town:
(a) Containing less than one hundred acres and having
at least eighty percent of the boundaries of such area
contiguous to the city or town; or
(b) Of any size and having at least eighty percent of the
boundaries of the area contiguous to the city if the area
existed before June 30, 1994.
(2) The resolution shall describe the boundaries of the
area to be annexed, state the number of voters residing in the
area as nearly as may be, and set a date for a public hearing
on the resolution for annexation. Notice of the hearing shall
be given by publication of the resolution at least once a
week for two weeks before the date of the hearing in one or
more newspapers of general circulation within the city or
town and one or more newspapers of general circulation
within the area to be annexed.
(2002 Ed.)
Annexation of Unincorporated Areas
(3) For purposes of subsection (1)(b) of this section,
territory bounded by a river, lake, or other body of water is
considered contiguous to a city that is also bounded by the
same river, lake, or other body of water. [1998 c 286 § 1;
1997 c 429 § 37.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
35.13.1821 Annexation of unincorporated island of
territory—Referendum—Election. The annexation
ordinance provided for in RCW 35.13.182 is subject to
referendum for forty-five days after its passage. Upon the
filing of a timely and sufficient referendum petition with the
legislative body, signed by qualified electors in number equal
to not less than ten percent of the votes cast in the last general state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at
a special election called for that purpose not less than fortyfive days nor more than ninety days after the filing of the
referendum petition. Notice of the election shall be given as
provided in RCW 35.13.080 and the election shall be
conducted as provided in the general election law. The
annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance,
if no timely and sufficient referendum petition has been
filed, the area annexed shall become a part of the city or
town upon the date fixed in the ordinance of annexation.
[1998 c 286 § 2.]
35.13.1822 Annexation of unincorporated island of
territory—Notice, hearing. On the date set for hearing as
provided in RCW 35.13.182(2), residents or property owners
of the area included in the resolution for annexation shall be
afforded an opportunity to be heard. The legislative body
may provide by ordinance for annexation of the territory
described in the resolution, but the effective date of the
ordinance shall be not less than forty-five days after the
passage thereof. The legislative body shall cause notice of
the proposed effective date of the annexation, together with
a description of the property to be annexed, to be published
at least once each week for two weeks subsequent to passage
of the ordinance, in one or more newspapers of general
circulation within the city and in one or more newspapers of
general circulation within the area to be annexed. If the
annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice
shall include a statement of such requirements. [1998 c 286
§ 3.]
35.13.185 Annexation of federal areas by first class
city. Any unincorporated area contiguous to a first class city
may be annexed thereto by an ordinance accepting a gift,
grant, lease or cession of jurisdiction from the government
of the United States of the right to occupy or control it.
[1965 c 7 § 35.13.185. Prior: 1957 c 239 § 7.]
35.13.190 Annexation of federal areas by second
class cities and towns. Any unincorporated area contiguous
(2002 Ed.)
35.13.182
to a second class city or town may be annexed thereto by an
ordinance accepting a gift, grant, or lease from the government of the United States of the right to occupy, control,
improve it or sublet it for commercial, manufacturing, or
industrial purposes: PROVIDED, That this shall not apply
to any territory more than four miles from the corporate
limits existing before such annexation. [1994 c 81 § 12;
1965 c 7 § 35.13.190. Prior: 1915 c 13 § 1, part; RRS §
8906, part.]
Validating—1915 c 13: "All ordinances heretofore passed by the
legislative authority of any such incorporated city for the purpose of
accepting any gift, grant or lease of or annexing any territory as hereinabove
provided are hereby validated." [1915 c 13 § 3.]
35.13.200 Annexation of federal areas by second
class cities and towns—Annexation ordinance—
Provisions. In the ordinance annexing territory pursuant to
a gift, grant, or lease from the government of the United
States, a second class city or town may include such tide and
shore lands as may be necessary or convenient for the use
thereof, may include in the ordinance an acceptance of the
terms and conditions attached to the gift, grant, or lease and
may provide in the ordinance for the annexed territory to
become a separate ward of the city or town or part or parts
of adjacent wards. [1994 c 81 § 13; 1965 c 7 § 35.13.200.
Prior: (i) 1915 c 13 § 1, part; RRS § 8906, part. (ii) 1915
c 13 § 2, part; RRS § 8907, part.]
35.13.210 Annexation of federal areas by second
class cities and towns—Authority over annexed territory.
A second class city or town may cause territory annexed
pursuant to a gift, grant, or lease of the government of the
United States to be surveyed, subdivided and platted into
lots, blocks, or tracts and lay out, reserve for public use, and
improve streets, roads, alleys, slips, and other public places.
It may grant or sublet any lot, block, or tract therein for
commercial, manufacturing, or industrial purposes and
reserve, receive and collect rents therefrom. It may expend
the rents received therefrom in making and maintaining
public improvements therein, and if any surplus remains at
the end of any fiscal year, may transfer it to the city’s or
town’s current expense fund. [1994 c 81 § 14; 1965 c 7 §
35.13.210. Prior: 1915 c 13 § 2, part; RRS § 8907, part.]
35.13.215 Annexation of fire districts—Transfer of
employees. If any portion of a fire protection district is
annexed to or incorporated into a city, code city or town,
any employee of the fire protection district who (1) was at
the time of such annexation or incorporation employed
exclusively or principally in performing the powers, duties,
and functions which are to be performed by the city, code
city or town fire department (2) will, as a direct consequence
of annexation or incorporation, be separated from the employ
of the fire protection district, and (3) can perform the duties
and meet the minimum requirements of the position to be
filled, then such employee may transfer employment to the
civil service system of the city, code city or town fire department as provided for in this section and RCW 35.13.225
and 35.13.235.
For purposes of this section and RCW 35.13.225 and
35.13.235, employee means an individual whose employment
[Title 35 RCW—page 35]
35.13.215
Title 35 RCW: Cities and Towns
with a fire protection district has been terminated because
the fire protection district was annexed by a city, code city
or town for purposes of fire protection. [1986 c 254 § 7.]
representatives of the employees of the annexing and annexed fire agencies and the annexing and annexed fire
agencies. [1994 c 73 § 3; 1986 c 254 § 8.]
Effective date—1994 c 73: See note following RCW 35.10.365.
35.13.225 Annexation of fire districts—Transfer of
employees—Rights and benefits. (1) An eligible employee
may transfer into the civil service system of the city, code
city, or town fire department by filing a written request with
the city, code city, or town civil service commission and by
giving written notice thereof to the board of commissioners
of the fire protection district. Upon receipt of such request
by the civil service commission the transfer of employment
shall be made. The employee so transferring will (a) be on
probation for the same period as are new employees of the
city, code city, or town fire department in the position filled,
but if the transferring employee has already completed a
probationary period as a fire fighter prior to the transfer,
then the employee may only be terminated during the
probationary period for failure to adequately perform
assigned duties, not meeting the minimum qualifications of
the position, or behavior that would otherwise be subject to
disciplinary action, (b) be eligible for promotion no later
than after completion of the probationary period, (c) receive
a salary at least equal to that of other new employees of the
city, code city, or town fire department in the position filled,
and (d) in all other matters, such as retirement, sick leave,
and vacation, have, within the city, code city, or town civil
service system, all the rights, benefits, and privileges to
which he or she would have been entitled as a member of
the city, code city, or town fire department from the beginning of employment with the fire protection district:
PROVIDED, That for purposes of layoffs by the annexing
fire agency, only the time of service accrued with the
annexing agency shall apply unless an agreement is reached
between the collective bargaining representatives of the
employees of the annexing and annexed fire agencies and the
annexing and annexed fire agencies. The board of commissioners of the fire protection district shall, upon receipt of
such notice, transmit to any applicable civil service commission a record of the employee’s service with the fire
protection district which shall be credited to such employee
as a part of the period of employment in the city, code city,
or town fire department. All accrued benefits are transferable provided that the recipient agency provides comparable
benefits. All benefits shall then accrue based on the combined seniority of each employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the city, code city, or town fire
department as the department determines are needed to
provide services. These needed employees shall be taken in
order of seniority and the remaining employees who transfer
as provided in this section and RCW 35.13.215 and
35.13.235 shall head the list for employment in the civil
service system in order of their seniority, to the end that they
shall be the first to be reemployed in the city, code city, or
town fire department when appropriate positions become
available: PROVIDED, That employees who are not
immediately hired by the city, code city, or town shall be
placed on a reemployment list for a period not to exceed
thirty-six months unless a longer period is authorized by an
agreement reached between the collective bargaining
[Title 35 RCW—page 36]
35.13.235 Annexation of fire districts—Transfer of
employees—Notice—Time limitation. If any portion of a
fire protection district is annexed to or incorporated into a
city, code city or town, and as a result any employee is laid
off who is eligible to transfer to the city, code city or town
fire department under this section and RCW 35.13.215 and
35.13.225 the fire protection district shall notify the employee of the right to transfer and the employee shall have ninety
days to transfer employment to the city, code city or town
fire department. [1986 c 254 § 9.]
35.13.249 Annexation of fire districts—Ownership
of assets of fire protection district—Outstanding indebtedness not affected. When any portion of a fire protection
district is annexed by or incorporated into a city or town,
any outstanding indebtedness, bonded or otherwise, shall
remain an obligation of the taxable property annexed or
incorporated as if the annexation or incorporation had not
occurred. [1965 c 7 § 35.13.249. Prior: 1963 c 231 § 5.]
35.13.260 Determining population of annexed
territory—Certificate—As basis for allocation of state
funds—Revised certificate. Whenever any territory is
annexed to a city or town, a certificate as hereinafter
provided shall be submitted in triplicate to the office of
financial management, hereinafter in this section referred to
as "the office", within thirty days of the effective date of
annexation specified in the relevant ordinance. After
approval of the certificate, the office shall retain the original
copy in its files, and transmit the second copy to the
department of transportation and return the third copy to the
city or town. Such certificates shall be in such form and
contain such information as shall be prescribed by the office.
A copy of the complete ordinance containing a legal description and a map showing specifically the boundaries of the
annexed territory shall be attached to each of the three
copies of the certificate. The certificate shall be signed by
the mayor and attested by the city clerk. Upon request, the
office shall furnish certification forms to any city or town.
The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the
city or town. Such population determination shall consist of
an actual enumeration of the population which shall be made
in accordance with practices and policies, and subject to the
approval of, the office. The population shall be determined
as of the effective date of annexation as specified in the
relevant ordinance.
Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be considered by the office in determining the population of such city
or town.
Upon approval of the annexation certificate, the office
shall forward to each state official or department responsible
for making allocations or payments to cities or towns, a
revised certificate reflecting the increase in population due
to such annexation. Upon and after the date of the com(2002 Ed.)
Annexation of Unincorporated Areas
mencement of the next quarterly period, the population
determination indicated in such revised certificate shall be
used as the basis for the allocation and payment of state
funds to such city or town.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate is
forwarded by the office thirty days or less prior to the
commencement of the next quarterly period, the population
of the annexed territory shall not be considered until the
commencement of the following quarterly period. [1979 c
151 § 25; 1975 1st ex.s. c 31 § 1; 1969 ex.s. c 50 § 1; 1967
ex.s. c 42 § 2; 1965 c 7 § 35.13.260. Prior: 1961 c 51 § 1;
1957 c 175 § 14; prior: 1951 c 248 § 5, part.]
Effective date—1967 ex.s. c 42: See note following RCW 3.30.010.
Savings—1967 ex.s. c 42: See note following RCW 3.30.010.
Allocations to cities and towns from motor vehicle fund: RCW 46.68.110.
Census to be conducted in decennial periods: State Constitution Art. 2 §
3.
Population determinations, office of financial management: Chapter 43.62
RCW.
35.13.270 Road district taxes collected in annexed
territory—Disposition—Notification of annexation.
Whenever any territory is annexed to a city or town which
is part of a road district of the county and road district taxes
have been levied but not collected on any property within
the annexed territory, the same shall when collected by the
county treasurer be paid to the city or town and by the city
or town placed in the city or town street fund; except that
road district taxes that are delinquent before the date of
annexation shall be paid to the county and placed in the
county road fund. This section shall not apply to any special
assessments due in behalf of such property. The city or
town is required to provide notification, by certified mail,
that includes a list of annexed parcel numbers, to the county
treasurer and assessor at least thirty days before the effective
date of the annexation. The county treasurer is only required
to remit to the city or town those road taxes collected thirty
days or more after receipt of the notification. [2001 c 299
§ 2; 1998 c 106 § 1; 1965 c 7 § 35.13.270. Prior: 1957 c
175 § 15; prior: 1951 c 248 § 5, part.]
35.13.280 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed—Regulation of solid waste collection. The
annexation by any city or town of any territory pursuant to
those provisions of chapter 35.10 RCW which relate to the
annexation of a city or town to a city or town, or pursuant
to the provisions of chapter 35.13 RCW shall cancel, as of
the effective date of such annexation, any franchise or permit
theretofore granted to any person, firm or corporation by the
state of Washington, or by the governing body of such
annexed territory, authorizing or otherwise permitting the
operation of any public transportation, garbage disposal or
other similar public service business or facility within the
limits of the annexed territory, but the holder of any such
franchise or permit canceled pursuant to this section shall be
forthwith granted by the annexing city or town a franchise
to continue such business within the annexed territory for a
term of not less than seven years from the date of issuance
(2002 Ed.)
35.13.260
thereof, and the annexing city or town, by franchise, permit
or public operation, shall not extend similar or competing
services to the annexed territory except upon a proper
showing of the inability or refusal of such person, firm or
corporation to adequately service said annexed territory at a
reasonable price: PROVIDED, That the provisions of this
section shall not preclude the purchase by the annexing city
or town of said franchise, business, or facilities at an agreed
or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable
amount for the loss of the franchise or permit. In the event
that any person, firm or corporation whose franchise or
permit has been canceled by the terms of this section shall
suffer any measurable damages as a result of any annexation
pursuant to the provisions of the laws above-mentioned, such
person, firm or corporation shall have a right of action
against any city or town causing such damages.
After an annexation by a city or town, the utilities and
transportation commission shall continue to regulate solid
waste collection within the limits of the annexed territory
until such time as the city or town notifies the commission,
in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW
81.77.020. In the event the annexing city or town at any
time decides to contract for solid waste collection or decides
to undertake solid waste collection itself, the holder of any
such franchise or permit that is so canceled in whole or in
part shall be forthwith granted by the annexing city or town
a franchise to continue such business within the annexed
territory for a term of not less than the remaining term of the
original franchise or permit, or not less than seven years,
whichever is the shorter period, and the city or town, by
franchise, permit, or public operation, shall not extend
similar or competing services to the annexed territory except
upon a proper showing of the inability or refusal of such
person, firm, or corporation to adequately service the
annexed territory at a reasonable price. Upon the effective
date specified by the city or town council’s ordinance or
resolution to have the city or town contract for solid waste
collection or undertake solid waste collection itself, the
transition period specified in this section begins to run. This
section does not preclude the purchase by the annexing city
or town of the franchise, business, or facilities at an agreed
or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable
amount for the loss of the franchise or permit. In the event
that any person, firm, or corporation whose franchise or
permit has been canceled by the terms of this section suffers
any measurable damages as a result of any annexation
pursuant to this chapter, such person, firm, or corporation
has a right of action against any city or town causing such
damages. [1997 c 171 § 2; 1994 c 81 § 15; 1983 c 3 § 54;
1965 c 7 § 35.13.280. Prior: 1957 c 282 § 1.]
Severability—1997 c 171: See note following RCW 35.02.160.
35.13.290 When right of way may be included—Use
of right of way line as corporate boundary. The boundaries of a city or town arising from an annexation of territory
shall not include a portion of the right of way of any public
street, road, or highway except where the boundary runs
from one edge of the right of way to the other edge of the
[Title 35 RCW—page 37]
35.13.290
Title 35 RCW: Cities and Towns
right of way. However, the right of way line of any public
street, road, or highway, or any segment thereof, may be
used to define a part of a corporate boundary in an annexation proceeding. [1989 c 84 § 8.]
35.13.300 Boundary line adjustment—Purpose—
Definition. The purpose of RCW 35.13.300 through
35.13.330 is to establish a process for the adjustment of
existing or proposed city boundary lines to avoid a situation
where a common boundary line is or would be located
within a right of way of a public street, road, or highway, or
a situation where two cities are separated or would be
separated by only the right of way of a public street, road,
or highway, other than situations where a boundary line runs
from one edge of the right of way to the other edge of the
right of way.
As used in RCW 35.13.300 through 35.13.330, "city"
includes every city or town in the state, including a code city
operating under Title 35A RCW. [1989 c 84 § 12.]
35.13.310 Boundary line adjustment—Agreement—
Not subject to review. (1) This section provides a method
to adjust the boundary lines between two cities where the
two cities share a common boundary within a right of way
of a public street, road, or highway, or the two cities have a
portion of their boundaries separated only by all or part of
the right of way of a public street, road, or highway.
However, this section does not apply to situations where a
boundary line runs from one edge of the right of way to the
other edge of the right of way.
(2) The councils of any two cities in a situation described in subsection (1) of this section may enter into an
agreement to alter those portions of their boundaries that are
necessary to eliminate this situation and create a partial
common boundary on either edge of the right of way of the
public street, road, or highway. An agreement made under
this section shall include only boundary line adjustments
between the two cities that are necessary to eliminate the
situation described in subsection (1) of this section.
A boundary line adjustment under this section is not
subject to potential review by a boundary review board.
[1989 c 84 § 13.]
35.13.320 Boundary line adjustment—When
adjustment required—Limitation—Not subject to review.
The councils of any two cities that will be in a situation
described in RCW 35.13.310(1) as the result of a proposed
annexation by one of the cities may enter into an agreement
to adjust those portions of the annexation proposal and the
boundaries of the city that is not proposing the annexation.
Such an agreement shall not be effective unless the annexation is made.
The annexation proposal shall proceed if such an
agreement were not made, but any resulting boundaries
between the two cities that meet the descriptions of RCW
35.13.310(1) shall be adjusted by agreement between the two
cities within one hundred eighty days of the effective date of
the annexation, or the county legislative authority of the
county within which the right of way is located shall adjust
the boundaries within a sixty-day period immediately
following the one hundred eightieth day.
[Title 35 RCW—page 38]
An agreement or adjustment made by a county under
this section shall include only boundary line adjustments
between the two cities that are necessary to eliminate the
situation described in RCW 35.13.310(1).
A boundary line adjustment under this section is not
subject to potential review by a boundary review board.
[1989 c 84 § 14.]
35.13.330 Boundary line adjustment—Agreement
pending incorporation—Limitation—Not subject to
review. (1) The purpose of this section is to avoid situations
arising where the boundaries of an existing city and a newly
incorporated city would create a situation described in RCW
35.13.310(1).
(2) A boundary review board that reviews the boundaries of a proposed incorporation may enter into an agreement with the council of a city, that would be in a situation
described in subsection (1) of this section as the result of a
proposed incorporation of a city, to adjust the boundary line
of the city and those of the city proposed to be incorporated
to avoid this situation described in subsection (1) of this
section if the incorporation were to be approved by the
voters. Such an agreement shall not be effective unless the
incorporation occurs.
The incorporation proposal shall proceed if such an
agreement were not made, but any resulting boundaries
between the two cities that meet create a situation described
in RCW 35.13.310(1) shall be adjusted by agreement
between the two cities within one hundred eighty days of the
official date of the incorporation, or the county legislative
authority of the county within which the right of way is
located shall adjust the boundaries within a sixty-day period
immediately following the one hundred eightieth day.
An agreement or adjustment made by a county under
this section shall include only boundary line adjustments
between the two cities that are necessary to eliminate the
situation described in RCW 35.13.310(1).
A boundary line adjustment under this section is not
subject to potential review by a boundary review board.
[1989 c 84 § 15.]
35.13.340 Boundary line adjustment—Inclusion or
exclusion of remaining portion of parcel—When subject
to review—Definition. The boundaries of a city shall be
adjusted to include or exclude the remaining portion of a
parcel of land located partially within and partially without
*of the boundaries of that city upon the governing body of
the city adopting a resolution approving such an adjustment
that was requested in a petition signed by the owner of the
parcel. A boundary adjustment made pursuant to this section
shall not be subject to potential review by the boundary
review board of the county within which the parcel is
located if the remaining portion of the parcel to be included
or excluded from the city is located in the unincorporated
area of the county and the adjustment is approved by
resolution of the county legislative authority or in writing by
a county official or employee of the county who is designated by ordinance of the county to make such approvals.
Where part of a single parcel of land is located within
the boundaries of one city, and the remainder of the parcel
is located within the boundaries of a second city that is
(2002 Ed.)
Annexation of Unincorporated Areas
located immediately adjacent to the first city, the boundaries
of the two cities may be adjusted so that all of the parcel is
located within either of the cities, if the adjustment was requested in a petition signed by the property owner and is
approved by both cities. Approval by a city may be through
either resolution of its city council, or in writing by an
official or employee of the city who has been designated by
ordinance of the city to make such approvals. Such an
adjustment is not subject to potential review by the boundary
review board of the county in which the parcel is located.
Whenever a portion of a public right of way is located
on such a parcel, the boundary adjustment shall be made in
such a manner as to include all or none of that portion of the
public right of way within the boundaries of the city.
As used in this section, "city" shall include any city or
town, including a code city. [1989 c 84 § 24.]
*Reviser’s note: The word "of" appears to be unnecessary.
35.13.350 Providing annexation information to
public. A city or town can provide factual public information on the effects of a pending annexation proposed for the
city or town. [1989 c 351 § 8.]
35.13.360 Transfer of county sheriff’s employees—
Purpose. It is the purpose of RCW 35.13.360 through
35.13.400 to require the lateral transfer of any qualified
county sheriff’s employee who, by reason of annexation or
incorporation of an unincorporated area of a county, will or
is likely to be laid off due to sheriff’s department cutbacks
resulting from the loss of the unincorporated law enforcement responsibility. [1993 c 189 § 2.]
35.13.370 Transfer of county sheriff’s employees—
When authorized. When any portion of an unincorporated
area of a county is to be annexed or incorporated into a city,
code city, or town, any employee of the sheriff’s office of
the county may transfer his or her employment to the police
department of the city, code city, or town as provided in
RCW 35.13.360 through 35.13.400 if the employee: (1)
Was, at the time the annexation or incorporation occurred,
employed exclusively or principally in performing the
powers, duties, and functions of the county sheriff’s office;
(2) will, as a direct consequence of the annexation or incorporation, be separated from the employ of the county; and
(3) can perform the duties and meets the city’s, code city’s
or town’s minimum standards and qualifications of the
position to be filled within their police department.
Nothing in this section or RCW 35.13.380 requires a
city, code city, or town to accept the voluntary transfer of
employment of a person who will not be laid off due to his
or her seniority status. [1993 c 189 § 3.]
35.13.380 Transfer of county sheriff’s employees—
Conditions, limitations. (1) An eligible employee under
RCW 35.13.370 may transfer into the civil service system
for the police department by filing a written request with the
civil service commission of the affected city, code city, or
town and by giving written notice thereof to the legislative
authority of the county. Upon receipt of such request by the
civil service commission the transfer shall be made. The
employee so transferring will: (a) Be on probation for the
(2002 Ed.)
35.13.340
same period as are new employees in the same classification
of the police department; (b) be eligible for promotion after
completion of the probationary period in compliance with
existing civil service rules pertaining to lateral transfers
based upon combined service time; (c) receive a salary at
least equal to that of other new employees in the same
classification of the police department; and (d) in all other
matters, such as sick leave and vacation, have, within the
civil service system, all the rights, benefits, and privileges
that the employee would have been entitled to had he or she
been a member of the police department from the beginning
of his or her employment with the county. The county is
responsible for compensating an employee for benefits
accrued while employed with the sheriff’s office unless a
different agreement is reached between the county and the
city, code city, or town. No accrued benefits are transferable
to the recipient agency unless the recipient agency agrees to
accept the accrued benefits. All benefits shall then accrue
based on the combined seniority of each employee in the
recipient agency. The county shall, upon receipt of such
notice, transmit to the civil service commission a record of
the employee’s service with the county which shall be
credited to the employee as a part of his or her period of
employment in the police department. For purposes of
layoffs by the city, code city, or town, only the time of
service accrued with the city, code city, or town shall apply
unless an agreement is reached between the collective
bargaining representatives of the police department and
sheriff’s office employees and the police department and
sheriff’s office.
(2) Only as many of the transferring employees shall be
placed upon the payroll of the police department as the city,
code city, or town determines are needed to provide an
adequate level of law enforcement service. The needed
employees shall be taken in order of seniority and the
remaining employees who transfer as provided in RCW
35.13.360 through 35.13.400 shall head the list of their respective class or job listing exclusive of rank in the civil service system in order of their seniority, so that they shall be
the first to be employed in the police department as vacancies become available. Employees who are not immediately
hired by the city, code city, or town shall be placed on a
reemployment list for a period not to exceed thirty-six
months unless a longer period is authorized by an agreement
reached between the collective bargaining representatives of
the police department and sheriff’s office employees and the
police department and sheriff’s office. The county sheriff’s
office must rehire former employees who are placed on the
city’s reemployment list before it can hire anyone else to
perform the same duties previously performed by these
employees who were laid off.
(3) The thirty-six month period contained in subsection
(2) of this section shall commence:
(a) On the effective date of the annexation in cases of
annexation; and
(b) On the date when the city creates its own police
department in cases of incorporation.
(4) The city, code city, or town shall retain the right to
select the police chief regardless of seniority. [1993 c 189
§ 4.]
[Title 35 RCW—page 39]
35.13.390
Title 35 RCW: Cities and Towns
35.13.390 Transfer of county sheriff’s employees—
Rules. In addition to its other duties prescribed by law, the
civil service commission shall make rules necessary to
provide for the orderly integration of employees of a county
sheriff’s office to the police department of the city, code
city, or town pursuant to RCW 35.13.360 through 35.13.400.
[1993 c 189 § 5.]
35.13.400 Transfer of county sheriff’s employees—
Notification of right to transfer—Time for filing transfer
request. When any portion of an unincorporated area of a
county is to be annexed or incorporated into a city, code
city, or town and layoffs will result in the county sheriff’s
office, employees so affected shall be notified of their right
to transfer. The affected employees shall have ninety days
after the commencement of the thirty-six month period as
specified in RCW 35.13.380(3) to file a request to transfer
their employment to the police department of the city, code
city, or town under RCW 35.13.360 through 35.13.400.
[1993 c 189 § 6.]
35.13.900 Application of chapter to annexations
involving water or sewer service. Nothing in this chapter
precludes or otherwise applies to an annexation by a city or
town of unincorporated territory as authorized by RCW
57.24.170, 57.24.190, and 57.24.210. [1996 c 230 § 1601;
1995 c 279 § 3.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Chapter 35.13A
WATER OR SEWER DISTRICTS—ASSUMPTION
OF JURISDICTION
Sections
35.13A.010
35.13A.020
Definitions.
Assumption authorized—Disposition of properties and
rights—Outstanding indebtedness—Management and
control.
35.13A.030 Assumption of control if sixty percent or more of area or
valuation within city.
35.13A.0301 Assumption of water-sewer district before July 1, 1999—
Limitations.
35.13A.040 Assumption of control if less than sixty percent of area or
valuation within city.
35.13A.050 Territory containing facilities within or without city—
Duties of city or district—Rates and charges—
Assumption of responsibility—Outstanding indebtedness—Properties and rights.
35.13A.060 District in more than one city—Assumption of responsibilities—Duties of cities.
35.13A.070 Contracts.
35.13A.080 Dissolution of water district or sewer district.
35.13A.090 Employment and rights of district employees.
35.13A.100 Assumption of substandard water system—Limited immunity from liability.
35.13A.900 Severability—1971 ex.s. c 95.
35.13A.010 Definitions. Whenever used in this
chapter, the following words shall have the following
meanings:
(1) The words "district," "water district," and "sewer
district" shall mean a "water-sewer district" as that term is
used in Title 57 RCW.
[Title 35 RCW—page 40]
(2) The word "city" shall mean a city or town of any
class and shall also include any code city as defined in
chapter 35A.01 RCW.
(3) The word "indebtedness" shall include general
obligation, revenue, and special indebtedness and temporary,
emergency, and interim loans. [1998 c 326 § 1; 1971 ex.s.
c 95 § 1.]
Effective date—1998 c 326: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 326 § 4.]
35.13A.020 Assumption authorized—Disposition of
properties and rights—Outstanding indebtedness—
Management and control. (1) Whenever all of the territory
of a district is included within the corporate boundaries of a
city, the city legislative body may adopt a resolution or
ordinance to assume jurisdiction over all of the district.
(2) Upon the assumption, all real and personal property,
franchises, rights, assets, taxes levied but not collected for
the district for other than indebtedness, water, sewer, and
drainage facilities, and all other facilities and equipment of
the district shall become the property of the city subject to
all financial, statutory, or contractual obligations of the
district for the security or performance of which the property
may have been pledged. The city, in addition to its other
powers, shall have the power to manage, control, maintain,
and operate the property, facilities and equipment and to fix
and collect service and other charges from owners and occupants of properties so served by the city, subject, however,
to any outstanding indebtedness, bonded or otherwise, of the
district payable from taxes, assessments, or revenues of any
kind or nature and to any other contractual obligations of the
district.
(3) The city may by resolution or ordinance of its
legislative body, assume the obligation of paying such
district indebtedness and of levying and of collecting or
causing to be collected the district taxes, assessments, and
utility rates and charges of any kind or nature to pay and
secure the payment of the indebtedness, according to all of
the terms, conditions and covenants incident to the indebtedness, and shall assume and perform all other outstanding
contractual obligation of the district in accordance with all
of their terms, conditions, and covenants. An assumption
shall not be deemed to impair the obligation of any indebtedness or other contractual obligation. During the period until
the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and
occupants of property therein, shall continue to be liable for
its and their proportionate share of the indebtedness, including any outstanding assessments levied within any local
improvement district or utility local improvement district
thereof. The city shall assume the obligation of causing the
payment of the district’s indebtedness, collecting the
district’s taxes, assessments, and charges, and observing and
performing the other district contractual obligations. The
legislative body of the city shall act as the officers of the
district for the purpose of certifying the amount of any
property tax to be levied and collected therein, and causing
service and other charges and assessments to be collected
from the property or owners or occupants thereof, enforcing
the collection and performing all other acts necessary to
(2002 Ed.)
Water or Sewer Districts—Assumption of Jurisdiction
ensure performance of the district’s contractual obligations
in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.
When a city assumes the obligation of paying the
outstanding indebtedness, and if property taxes or assessments have been levied and service and other charges have
accrued for this purpose but have not been collected by the
district prior to the assumption, the same when collected
shall belong and be paid to the city and be used by the city
so far as necessary for payment of the indebtedness of the
district existing and unpaid on the date the city assumes the
indebtedness. Any funds received by the city which have
been collected for the purpose of paying any bonded or other
indebtedness of the district, shall be used for the purpose for
which they were collected and for no other purpose. Any
outstanding indebtedness shall be paid as provided in the
terms, conditions, and covenants of the indebtedness. All
funds of the district on deposit with the county treasurer at
the time of title transfer shall be used by the city solely for
the benefit of the assumed utility and shall not be transferred
to or used for the benefit of the city’s general fund. [1999
c 153 § 28; 1998 c 326 § 2; 1971 ex.s. c 95 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Effective date—1998 c 326: See note following RCW 35.13A.010.
35.13A.030 Assumption of control if sixty percent
or more of area or valuation within city. Whenever a
portion of a district equal to at least sixty percent of the area
or sixty percent of the assessed valuation of the real property
lying within such district, is included within the corporate
boundaries of a city, the city may assume by ordinance the
full and complete management and control of that portion of
the entire district not included within another city, whereupon the provisions of RCW 35.13A.020 shall be operative; or
the city may proceed directly under the provisions of RCW
35.13A.050. [1999 c 153 § 29; 1971 ex.s. c 95 § 3.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.0301 Assumption of water-sewer district
before July 1, 1999—Limitations. During the period
commencing with April 3, 1998, and running through July
1, 1999, a city may not assume jurisdiction of all or a
portion of a water-sewer district under RCW 35.13A.030 or
35.13A.040, unless voters of the entire water-sewer district
approve a ballot proposition authorizing the assumption
under general election law with the city paying for the
election costs, and during the same period a water-sewer
district may not:
(1) Merge or consolidate with another water-sewer
district unless each city that is partially included within any
of the districts proposing to merge or consolidate indicates
that it has no interest in assuming jurisdiction of the district;
or
(2) Take any action that would establish different
contractual obligations, requirements for retiring indebtedness, authority to issue debt in parity with the district’s
existing outstanding indebtedness, rates of compensation, or
terms of employment contracts, if a city assumes jurisdiction
(2002 Ed.)
35.13A.020
of all or a portion of the district. Nothing in this subsection
shall be construed to prevent a district from issuing obligations on a parity with its outstanding obligations, to repeat
terms and conditions of obligations provided with respect to
earlier parity obligations, or to provide covenants that are
customary for obligations of similar utilities whether those
utilities are operated by cities or special purpose districts.
[1998 c 326 § 3.]
Effective date—1998 c 326: See note following RCW 35.13A.010.
35.13A.040 Assumption of control if less than sixty
percent of area or valuation within city. Whenever the
portion of a district included within the corporate boundaries
of a city is less than sixty percent of the area of the district
and less than sixty percent of the assessed valuation of the
real property within the district, the city may elect to proceed
under the provisions of RCW 35.13A.050. [1999 c 153 §
30; 1971 ex.s. c 95 § 4.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.050 Territory containing facilities within or
without city—Duties of city or district—Rates and
charges—Assumption of responsibility—Outstanding indebtedness—Properties and rights. When electing under
RCW 35.13A.030 or 35.13A.040 to proceed under this
section, the city may assume, by ordinance, jurisdiction of
the district’s responsibilities, property, facilities and equipment within the corporate limits of the city: PROVIDED,
That if on the effective date of such an ordinance the
territory of the district included within the city contains any
facilities serving or designed to serve any portion of the
district outside the corporate limits of the city or if the
territory lying within the district and outside the city contains
any facilities serving or designed to serve territory included
within the city (which facilities are hereafter in this section
called the "serving facilities"), the city or district shall for
the economically useful life of any such serving facilities
make available sufficient capacity therein to serve the
sewage or water requirements of such territory, to the extent
that such facilities were designed to serve such territory at a
rate charged to the municipality being served which is
reasonable to all parties.
In the event a city proceeds under this section, the
district may elect upon a favorable vote of a majority of all
voters within the district voting upon such propositions to
require the city to assume responsibility for the operation
and maintenance of the district’s property, facilities and
equipment throughout the entire district and to pay the city
a charge for such operation and maintenance which is
reasonable under all of the circumstances.
A city acquiring property, facilities and equipment under
the provisions of this section shall acquire such property,
facilities and equipment, and fix and collect service and
other charges from owners and occupants of properties
served by the city, subject, to any contractual obligations of
the district which relate to the property, facilities, or equipment so acquired by the city or which are secured by taxes,
assessments or revenues from the territory of the district
included within the city. In such cases, the property included within the city and the owners and occupants thereof shall
[Title 35 RCW—page 41]
35.13A.050
Title 35 RCW: Cities and Towns
continue to be liable for payment of its and their proportionate share of any outstanding district indebtedness. The
district and its officers shall continue to levy taxes and
assessments on and to collect service and other charges from
such property, or owners or occupants thereof, to enforce
such collections, and to perform all other acts necessary to
insure performance of the district’s contractual obligations in
the same manner and by the same means as if the territory
of the district had not been included within the boundaries
of a city. [1971 ex.s. c 95 § 5.]
35.13A.060 District in more than one city—
Assumption of responsibilities—Duties of cities. Whenever more than one city, in whole or in part, is included
within a district, the city which has within its boundaries
sixty percent or more of the area of the assessed valuation of
the district (in this section referred to as the "principal city")
may, with the approval of any other city containing part of
such district, assume responsibility for operation and maintenance of the district’s property, facilities and equipment
within such other city and make and enforce such charges
for operation, maintenance and retirement of indebtedness as
may be reasonable under all the circumstances.
Any other city having less than sixty percent in area or
assessed valuation of such district, within its boundaries may
install facilities and create local improvement districts or
otherwise finance the cost of installation of such facilities
and if such facilities have been installed in accordance with
reasonable standards fixed by the principal city, such other
city may connect such facilities to the utility system of such
district operated by the principal city upon providing for
payment by the owners or occupants of properties served
thereby, of such charges established by the principal city as
may be reasonable under the circumstances. [1999 c 153 §
31; 1971 ex.s. c 95 § 6.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.070 Contracts. Notwithstanding any provision
of this chapter to the contrary, one or more cities and one or
more districts may, through their legislative authorities,
authorize a contract with respect to the rights, powers,
duties, and obligation of such cities, or districts with regard
to the use and ownership of property, the providing of
services, the maintenance and operation of facilities, allocation of cost, financing and construction of new facilities,
application and use of assets, disposition of liabilities and
debts, the performance of contractual obligations, and any
other matters arising out of the inclusion, in whole or in part,
of the district or districts within any city or cities, or the
assumption by the city of jurisdiction of a district under
*RCW 35.13A.110. The contract may provide for the
furnishing of services by any party thereto and the use of
city or district facilities or real estate for such purpose, and
may also provide for the time during which such district or
districts may continue to exercise any rights, privileges,
powers, and functions provided by law for such district or
districts as if the district or districts or portions thereof were
not included within a city or were not subject to an assumption of jurisdiction under *RCW 35.13A.110, including but
not by way of limitation, the right to promulgate rules and
[Title 35 RCW—page 42]
regulations, to levy and collect special assessments, rates,
charges, service charges, and connection fees, to adopt and
carry out the provisions of a comprehensive plan, and
amendments thereto, for a system of improvements, and to
issue general obligation bonds or revenue bonds in the
manner provided by law. The contract may provide for the
transfer to a city of district facilities, property, rights, and
powers as provided in RCW 35.13A.030, 35.13A.050, and
*35.13A.110, whether or not sixty percent or any of the area
or assessed valuation of real estate lying within the district
or districts is included within such city. The contract may
provide that any party thereto may authorize, issue, and sell
revenue bonds to provide funds for new water or sewer
improvements or to refund any water revenue, sewer
revenue, or combined water and sewer revenue bonds
outstanding of any city, or district which is a party to such
contract if such refunding is deemed necessary, providing
such refunding will not increase interest costs. The contract
may provide that any party thereto may authorize and issue,
in the manner provided by law, general obligation or revenue
bonds of like amounts, terms, conditions, and covenants as
the outstanding bonds of any other party to the contract, and
such new bonds may be substituted or exchanged for such
outstanding bonds. However, no such exchange or substitution shall be effected in such a manner as to impair the
obligation or security of any such outstanding bonds. [1997
c 426 § 2; 1971 ex.s. c 95 § 7.]
*Reviser’s note: RCW 35.13A.110 expired December 31, 1998.
35.13A.080 Dissolution of water district or sewer
district. In any of the cases provided for in RCW
35.13A.020, 35.13A.030, 35.13A.050, and *35.13A.110, and
notwithstanding any other method of dissolution provided by
law, dissolution proceedings may be initiated by either the
city or the district, or both, when the legislative body of the
city and the governing body of the district agree to, and petition for, dissolution of the district.
The petition for dissolution shall be signed by the chief
administrative officer of the city and the district, upon
authorization of the legislative body of the city and the
governing body of the district, respectively and such petition
shall be presented to the superior court of the county in
which the city is situated.
If the petition is thus authorized by both the city and
district, and title to the property, facilities, and equipment of
the district has passed to the city pursuant to action taken
under this chapter, all indebtedness and local improvement
district or utility local improvement district assessments of
the district have been discharged or assumed by and transferred to the city, and the petition contains a statement of the
distribution of assets and liabilities mutually agreed upon by
the city and the district and a copy of the agreement between
such city and the district is attached thereto, a hearing shall
not be required and the court shall, if the interests of all
interested parties have been protected, enter an order dissolving the district.
In any of the cases provided for in RCW 35.13A.020,
35.13A.030, and *35.13A.110, if the petition for an order of
dissolution is signed on behalf of the city alone or the
district alone, or there is no mutual agreement on the distribution of assets and liabilities, the superior court shall enter
(2002 Ed.)
Water or Sewer Districts—Assumption of Jurisdiction
an order fixing a hearing date not less than sixty days from
the day the petition is filed, and the clerk of the court of the
county shall give notice of such hearing by publication in a
newspaper of general circulation in the district once a week
for three successive weeks and by posting in three public
places in the district at least twenty-one days before the
hearing. The notice shall set forth the filing of the petition,
its purposes, and the date and place of hearing thereon.
After the hearing the court shall enter its order with
respect to the dissolution of the district. If the court finds
that such district should be dissolved and the functions
performed by the city, the court shall provide for the transfer
of assets and liabilities to the city. The court may provide
for the dissolution of the district upon such conditions as the
court may deem appropriate. A certified copy of the court
order dissolving the district shall be filed with the county
auditor. If the court does not dissolve the district, it shall
state the reasons for declining to do so. [1997 c 426 § 3;
1971 ex.s. c 95 § 8.]
*Reviser’s note: RCW 35.13A.110 expired December 31, 1998.
35.13A.090 Employment and rights of district
employees. Whenever a city acquires all of the facilities of
a district, pursuant to this chapter, such a city shall offer to
employ every full time employee of the district who is
engaged in the operation of such a district’s facilities on the
date on which such city acquires the district facilities. When
a city acquires any portion of the facilities of such a district,
such a city shall offer to employ full time employees of the
district as of the date of the acquisition of the facilities of
the district who are not longer needed by the district.
Whenever a city employs a person who was employed
immediately prior thereto by the district, arrangements shall
be made:
(1) For the retention of all sick leave standing to the
employee’s credit in the plan of such district.
(2) For a vacation with pay during the first year of
employment equivalent to that to which he would have been
entitled if he had remained in the employment of the district.
[1999 c 153 § 32; 1971 ex.s. c 95 § 9.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.13A.100 Assumption of substandard water
system—Limited immunity from liability. A city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking
water systems, and its agents and employees, are immune
from lawsuits or causes of action, based on noncompliance
with state or federal requirements for public drinking water
systems, which predate the date of assuming responsibility
and continue after the date of assuming responsibility,
provided that the city has submitted and is complying with
a plan and schedule of improvements approved by the
department of health. This immunity shall expire on the
earlier of the date the plan of improvements is completed or
four years from the date of assuming responsibility. This
immunity does not apply to intentional injuries, fraud, or bad
faith. [1994 c 292 § 5.]
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
(2002 Ed.)
35.13A.080
35.13A.900 Severability—1971 ex.s. c 95. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 95 § 12.]
Chapter 35.14
COMMUNITY MUNICIPAL CORPORATIONS
Sections
35.14.010
35.14.020
35.14.030
35.14.040
35.14.050
35.14.060
When community municipal corporation may be organized—Service areas—Territory.
Community council—Membership—Election—Terms.
Community council—Employees—Office—Officers—
Quorum—Meetings—Compensation and expenses.
Ordinances or resolutions of city applying to land, buildings
or structures within corporation, effectiveness—Zoning
ordinances, resolutions or land use controls to remain in
effect upon annexation or consolidation—
Comprehensive plan.
Powers and duties of community municipal corporation.
Original term of existence of community municipal corporation—Continuation of existence—Procedure.
35.14.010 When community municipal corporation
may be organized—Service areas—Territory. Whenever
unincorporated territory is annexed by a city or town pursuant to the provisions of chapter 35.13 RCW, or whenever
unincorporated territory is annexed to a code city pursuant
to the provisions of chapter 35A.14 RCW, community
municipal corporations may be organized for the territory
comprised of all or a part of an unincorporated area annexed
to a city or town pursuant to chapter 35.13 or 35A.14 RCW,
if: (1) The service area is such as would be eligible for
incorporation as a city or town; or (2) the service area has a
minimum population of not less than three hundred inhabitants and ten percent of the population of the annexing city
or town; or (3) the service area has a minimum population
of not less than one thousand inhabitants.
Whenever two or more cities are consolidated pursuant
to the provisions of chapter 35.10 RCW, a community
municipal corporation may be organized within one or more
of the consolidating cities.
No territory shall be included in the service area of
more than one community municipal corporation. Whenever
a new community municipal corporation is formed embracing all of the territory of an existing community municipal
corporation, the prior existing community municipal corporation shall be deemed to be dissolved on the effective date of
the new corporation. [1993 c 75 § 1; 1985 c 281 § 24; 1967
c 73 § 1.]
Severability—1985 c 281: See RCW 35.10.905.
35.14.020 Community council—Membership—
Election—Terms. A community municipal corporation
shall be governed by a community council composed of five
members. Initial council members shall be elected concurrently with the annexation election to consecutively numbered positions from qualified electors residing within the
service area. Declarations of candidacy and withdrawals
shall be in the same manner as is provided for members of
the city council or other legislative body of the city to which
annexation is proposed. Subsequent council membership
[Title 35 RCW—page 43]
35.14.020
Title 35 RCW: Cities and Towns
shall be the same in number as the initial council and such
members shall be elected to consecutively numbered positions at the continuation election pursuant to RCW 35.14.060
from qualified electors residing within the service area.
Terms of original council members shall be coexistent
with the original term of existence of the community
municipal corporation and until their successors are elected
and qualified. Vacancies in any council shall be filled for
the remainder of the unexpired term by a majority vote of
the remaining members. [1985 c 281 § 25; 1967 c 73 § 2.]
Severability—1985 c 281: See RCW 35.10.905.
35.14.030 Community council—Employees—
Office—Officers—Quorum—Meetings—Compensation
and expenses. Each community council shall be staffed by
a deputy to the city clerk of the city with which the service
area is consolidated or annexed and shall be provided with
such other clerical and technical assistance and a properly
equipped office as may be necessary to carry out its functions.
Each community council shall elect a chairman and vice
chairman from its membership. A majority of the council
shall constitute a quorum. Each action of the community
municipal corporation shall be by resolution approved by
vote of the majority of all the members of the community
council. Meetings shall be held at such times and places as
provided in the rules of the community council. Members
of the community council shall receive no compensation.
The necessary expenses of the community council shall
be budgeted and paid by the city. [1967 c 73 § 3.]
35.14.040 Ordinances or resolutions of city applying
to land, buildings or structures within corporation,
effectiveness—Zoning ordinances, resolutions or land use
controls to remain in effect upon annexation or consolidation—Comprehensive plan. The adoption, approval,
enactment, amendment, granting or authorization by the city
council or commission of any ordinance or resolution
applying to land, buildings or structures within any community council corporation shall become effective within such
community municipal corporation either on approval by the
community council, or by failure of the community council
to disapprove within sixty days of final enactment, with respect to the following:
(1) Comprehensive plan;
(2) Zoning ordinance;
(3) Conditional use permit, special exception or variance;
(4) Subdivision ordinance;
(5) Subdivision plat;
(6) Planned unit development.
Disapproval by the community council shall not affect
the application of any ordinance or resolution affecting areas
outside the community municipal corporation.
Upon annexation or consolidation, pending the effective
enactment or amendment of a zoning or land use control
ordinance, without disapproval of the community municipal
corporation, affecting land, buildings, or structures within a
community municipal corporation, the zoning ordinance,
resolution or land use controls applicable to the annexed or
consolidated area, prior to the annexation or consolidation,
[Title 35 RCW—page 44]
shall remain in effect within the community municipal
corporation and be enforced by the city to which the area is
annexed or consolidated.
Whenever the comprehensive plan of the city, insofar as
it affects the area of the community municipal corporation
has been submitted as part of an annexation proposition and
approved by the voters of the area proposed for annexation
pursuant to chapter 88, Laws of 1965 extraordinary session,
such action shall have the same force and effect as approval
by the community council of the comprehensive plan, zoning
ordinance and subdivision ordinance. [1967 c 73 § 4.]
35.14.050 Powers and duties of community municipal corporation. In addition to powers and duties relating
to approval of zoning regulations and restrictions as set forth
in RCW 35.14.040, a community municipal corporation
acting through its community council may:
(1) Make recommendations concerning any proposed
comprehensive plan or other proposal which directly or
indirectly affects the use of property or land within the
service area;
(2) Provide a forum for consideration of the conservation, improvement or development of property or land within
the service area; and
(3) Advise, consult, and cooperate with the legislative
authority of the city on any local matters directly or indirectly affecting the service area. [1967 c 73 § 5.]
35.14.060 Original term of existence of community
municipal corporation—Continuation of existence—
Procedure. The original terms of existence of any community municipal corporation shall be for at least four years and
until the first Monday in January next following a regular
municipal election held in the city.
Any such community municipal corporation may be
continued thereafter for additional periods of four years’
duration with the approval of the voters at an election held
and conducted in the manner provided for in this section.
Authorization for a community municipal corporation to
continue its term of existence for each additional period of
four years may be initiated pursuant to a resolution or a
petition in the following manner:
(1) A resolution praying for such continuation may be
adopted by the community council and shall be filed not less
than seven months prior to the end of the term of existence
of such corporation with the city council or other legislative
body of the city in which the service area is located.
(2) A petition for continuation shall be signed by at
least ten percent of the registered voters residing within the
service area and shall be filed not less than six months prior
to the end of the term of existence of such corporation with
the city council or other legislative body of the city in which
the service area is located.
At the same election at which a proposition is submitted
to the voters of the service area for the continuation of the
community municipal corporation for an additional period of
four years, the community council members of such municipal corporation shall be elected. The positions on such
council shall be the same in number as the original or initial
council and shall be numbered consecutively and elected at
large. Declarations of candidacy and withdrawals shall be
(2002 Ed.)
Community Municipal Corporations
in the same manner as is provided for members of the city
council or other legislative body of the city.
Upon receipt of a petition, the city clerk shall examine
the signatures thereon and certify to the sufficiency thereof.
No person may withdraw his name from a petition after it
has been filed.
Upon receipt of a valid resolution or upon duly certifying a petition for continuation of a community municipal
corporation, the city clerk with whom the resolution or
petition was filed shall cause a proposition on continuation
of the term of existence of the community municipal
corporation to be placed on the ballot at the next city general
election. No person shall be eligible to vote on such
proposition at such election unless he is a qualified voter and
resident of the service area.
The ballots shall contain the words "For continuation of
community municipal corporation" and "Against continuation
of community municipal corporation" or words equivalent
thereto, and shall also contain the names of the candidates to
be voted for to fill the positions on the community council.
The names of all candidates to be voted upon shall be
printed on the ballot alphabetically in groups under the
numbered position on the council for which they are candidates.
If the results of the election as certified by the county
canvassing board reveal that a majority of the votes cast are
for continuation, the municipal corporation shall continue in
existence for an additional period of four years, and certificates of election shall be issued to the successful candidates
who shall assume office at the same time as members of the
city council or other legislative body of the city. [1967 c 73
§ 6.]
Chapter 35.16
REDUCTION OF CITY LIMITS
Sections
35.16.001
35.16.010
35.16.030
35.16.040
35.16.050
35.16.060
35.16.070
Actions subject to review by boundary review board.
Petition, resolution for election.
Canvassing the returns—Abstract of vote.
Ordinance to reduce boundaries.
Recording of ordinance and plat on effective date of reduction.
Effect of exclusion as to liability for indebtedness.
Previously granted franchises in excluded territory.
35.16.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.16 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 29.]
35.16.010 Petition, resolution for election. Upon the
filing of a petition which is sufficient as determined by
RCW 35A.01.040 requesting the exclusion from the boundaries of a city or town of an area described by metes and
bounds or by reference to a recorded plat or government
survey, signed by qualified voters of the city or town equal
in number to not less than ten percent of the number of
voters voting at the last general municipal election, the city
or town legislative body shall submit the question to the
voters. As an alternate method, the legislative body of the
city or town may by resolution submit a proposal to the
(2002 Ed.)
35.14.060
voters for excluding such a described area from the boundaries of the city or town. The question shall be submitted at
the next general municipal election if one is to be held
within one hundred eighty days or at a special election called
for that purpose not less than ninety days nor more than one
hundred eighty days after the certification of sufficiency of
the petition or the passage of the resolution. The petition or
resolution shall set out and describe the territory to be
excluded from the city or town, together with the boundaries
of the city or town as it will exist after such change is made.
[1994 c 273 § 1; 1965 c 7 § 35.16.010. Prior: (i) 1895 c 93
§ 1, part; RRS § 8902, part. (ii) 1895 c 93 § 4, part; RRS
§ 8905, part.]
Times for holding elections: Chapter 29.13 RCW.
35.16.030 Canvassing the returns—Abstract of vote.
The election returns shall be canvassed as provided in RCW
29.13.040. If three-fifths of the votes cast on the proposition
favor the reduction of the corporate limits, the legislative
body of the city or town, by an order entered on its minutes,
shall direct the clerk to make and transmit to the office of
the secretary of state a certified abstract of the vote. The
abstract shall show the total number of voters voting, the
number of votes cast for reduction and the number of votes
cast against reduction. [1994 c 273 § 3; 1965 c 7 §
35.16.030. Prior: 1895 c 93 § 1, part; RRS § 8902, part.]
Canvassing returns, generally: Chapter 29.62 RCW.
Conduct of election—Canvass: RCW 29.13.040.
35.16.040 Ordinance to reduce boundaries. Promptly after the filing of the abstract of votes with the office of
the secretary of state, the legislative body of the city or town
shall adopt an ordinance defining and fixing the corporate
limits after excluding the area as determined by the election.
The ordinance shall also describe the excluded territory by
metes and bounds or by reference to a recorded plat or
government survey and declare it no longer a part of the city
or town. [1994 c 273 § 4; 1965 c 7 § 35.16.040. Prior:
1895 c 93 § 2; RRS § 8903.]
35.16.050 Recording of ordinance and plat on
effective date of reduction. A certified copy of the
ordinance defining the reduced city or town limits together
with a map showing the corporate limits as altered shall be
filed in accordance with RCW 29.15.026 and recorded in the
office of the county auditor of the county in which the city
or town is situated, upon the effective date of the ordinance.
The new boundaries of the city or town shall take effect
immediately after they are filed and recorded with the county
auditor. [1996 c 286 § 3; 1994 c 273 § 5; 1965 c 7 §
35.16.050. Prior: 1895 c 93 § 3; RRS § 8904.]
35.16.060 Effect of exclusion as to liability for
indebtedness. The exclusion of an area from the boundaries
of a city or town shall not exempt any real property therein
from taxation for the purpose of paying any indebtedness of
the city or town existing at the time of its exclusion, and the
interest thereon. [1965 c 7 § 35.16.060. Prior: 1895 c 93
§ 4, part; RRS § 8905, part.]
[Title 35 RCW—page 45]
35.16.070
Title 35 RCW: Cities and Towns
35.16.070 Previously granted franchises in excluded
territory. In regard to franchises previously granted for
operation of any public service business or facility within the
territory excluded from a city or town by proceedings under
this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having
jurisdiction over such territory and of the franchise holder
shall be as provided in RCW 35.02.160, relating to inclusion
of territory by an incorporation. [1994 c 273 § 6.]
Chapter 35.17
COMMISSION FORM OF GOVERNMENT
Sections
35.17.010
35.17.020
35.17.030
35.17.035
Definition of commission form.
Elections—Terms of commissioners—Vacancies.
Laws applicable.
Second class cities, parking meter revenue for revenue
bonds.
35.17.040 Offices.
35.17.050 Meetings.
35.17.060 President.
35.17.070 Vice president.
35.17.080 Employees of commission.
35.17.090 Distribution of powers—Assignment of duties.
35.17.100 Bonds of commissioners and employees.
35.17.105 Clerk may take acknowledgments.
35.17.108 Salaries of mayor and commissioners.
35.17.120 Officers and employees—Salaries and wages.
35.17.130 Officers and employees—Creation—Removal—Changes in
compensation.
35.17.150 Officers and employees—Passes, free services prohibited,
exceptions—Penalty.
35.17.170 Financial statements—Monthly—Annual.
35.17.180 Legislative power—How exercised.
35.17.190 Legislative ordinances and resolutions.
35.17.200 Legislative—Appropriations of money.
35.17.210 Legislative—Street improvements.
35.17.220 Legislative—Franchises—Referendum.
35.17.230 Legislative—Ordinances—Time of going into effect.
35.17.240 Legislative—Referendum—Filing suspends ordinance.
35.17.250 Legislative—Referendum—Petitions and conduct of elections.
35.17.260 Legislative—Ordinances by initiative petition.
35.17.270 Legislative—Initiative petition—Submission procedures.
35.17.280 Legislative—Initiative petition—Checking by clerk.
35.17.290 Legislative—Initiative petition—Appeal to court.
35.17.300 Legislative—Initiative—Conduct of election.
35.17.310 Legislative—Initiative—Notice of election.
35.17.330 Legislative—Initiative—Effective date—Record.
35.17.340 Legislative—Initiative—Repeal or amendment.
35.17.350 Legislative—Initiative—Repeal or amendment—Method.
35.17.360 Legislative—Initiative—Repeal or amendment—Record.
35.17.370 Organization on commission form—Eligibility—Census.
35.17.380 Organization—Petition.
35.17.390 Organization—Ballots.
35.17.400 Organization—Election of officers—Term.
35.17.410 Organization—Effect on ordinances—Boundaries—Property.
35.17.420 Organization—Revision of appropriations.
35.17.430 Abandonment of commission form.
35.17.440 Abandonment—Method.
35.17.450 Abandonment—Conduct of election—Canvass.
35.17.460 Abandonment—Effect.
Imposition or increase of business and occupation tax—Referendum
procedure required—Exclusive procedure: RCW 35.21.706.
Population determinations: Chapter 43.62 RCW.
35.17.010 Definition of commission form. The
commission form of city government means a city government in which the legislative powers and duties are exercised
[Title 35 RCW—page 46]
by a commission of three, consisting of a mayor, a commissioner of finance and accounting, and a commissioner of
streets and public improvements, and in which the executive
and administrative powers and duties are distributed among
the three departments as follows:
(1) Department of public safety of which the mayor
shall be the superintendent;
(2) Department of finance and accounting of which the
commissioner of finance and accounting shall be the superintendent;
(3) Department of streets and public improvements of
which the commissioner of streets and public improvement
shall be the superintendent. [1965 c 7 § 35.17.010. Prior:
(i) 1911 c 116 § 11, part; RRS § 9100, part. (ii) 1943 c 25
§ 3, part; 1911 c 116 § 12, part; Rem. Supp. 1943 § 9101,
part.]
35.17.020 Elections—Terms of commissioners—
Vacancies. (1) All regular elections in cities organized
under the statutory commission form of government shall be
held quadrennially in the odd-numbered years on the dates
provided in RCW 29.13.020. However, after commissioners
are elected at the next general election occurring in 1995 or
1997, regular elections in cities organized under a statutory
commission form of government shall be held biennially at
municipal general elections.
(2) The commissioners shall be nominated and elected
at large. Their terms shall be for four years and until their
successors are elected and qualified and assume office in
accordance with RCW 29.04.170. However, at the next
regular election of a city organized under a statutory commission form of government, the terms of office of commissioners shall occur with the person who is elected as a
commissioner receiving the least number of votes being
elected to a two-year term of office and the other two
persons who are elected being elected to four-year terms of
office. Thereafter, commissioners shall be elected to fouryear terms of office.
(3) Vacancies on a commission shall occur and shall be
filled as provided in chapter 42.12 RCW, except that in
every instance a person shall be elected to fill the remainder
of the unexpired term at the next general municipal election
that occurs twenty-eight or more days after the occurrence of
the vacancy. [1994 c 223 § 10; 1994 c 119 § 1; 1979 ex.s.
c 126 § 17; 1965 c 7 § 35.17.020. Prior: 1963 c 200 § 12;
1959 c 86 § 2; 1955 c 55 § 9; prior: (i) 1911 c 116 § 5;
RRS § 9094. (ii) 1943 c 25 § 1, part; 1911 c 116 § 3, part;
Rem. Supp. 1943 § 9092, part.]
Reviser’s note: This section was amended by 1994 c 119 § 1 and by
1994 c 223 § 10, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.17.030 Laws applicable. Cities organized under
the commission form have all the powers of cities of the
second class and shall be governed by the statutes applicable
to cities of that class to the extent to which they are appropriate and not in conflict with provisions specifically applicable to cities organized under the commission form. [1965
c 7 § 35.17.030. Prior: (i) 1911 c 116 § 11, part; RRS §
9100, part. (ii) 1911 c 116 § 4, part; RRS § 9093, part.]
(2002 Ed.)
Commission Form of Government
Second class cities: Chapter 35.23 RCW.
35.17.035 Second class cities, parking meter revenue for revenue bonds. See RCW 35.23.454.
35.17.040 Offices. The commission shall have and
maintain an office at the city hall, or such other place as the
city may provide. [1965 c 7 § 35.17.040. Prior: 1955 c
309 § 3; prior: 1943 c 25 § 4, part; 1911 c 116 § 14, part;
Rem. Supp. 1943 § 9103, part.]
35.17.050 Meetings. Regular meetings of the commission shall be held on the second Monday after the
election of the commissioners and thereafter at least once
each week on a day to be fixed by ordinance. Special
meetings may be called by the mayor or two commissioners.
All meetings of the commission shall be open to the public.
[1965 c 7 § 35.17.050. Prior: 1911 c 116 § 15, part; RRS
§ 9104, part.]
35.17.060 President. The mayor shall be president of
the commission. He shall preside at its meetings when
present and shall oversee all departments and recommend to
the commission, action on all matters requiring attention in
any department. [1965 c 7 § 35.17.060. Prior: 1911 c 116
§ 15, part; RRS § 9104, part.]
35.17.070 Vice president. The commissioner of
finance and accounting shall be vice president of the
commission. In the absence or inability of the mayor, he
shall perform the duties of president. [1965 c 7 § 35.17.070.
Prior: 1911 c 116 § 15, part; RRS § 9104, part.]
35.17.080 Employees of commission. The commission shall appoint by a majority vote a city clerk and such
other officers and employees as the commission may by
ordinance provide. Any officer or employee appointed by
the commission may be discharged at any time by vote of a
majority of the members of the commission. Any commissioner may perform any duties pertaining to his department but without additional compensation therefor. [1965 c
7 § 35.17.080. Prior: 1943 c 25 § 3, part; 1911 c 116 § 12,
part; Rem. Supp. 1943 § 9101, part.]
35.17.090 Distribution of powers—Assignment of
duties. The commission by ordinance shall determine what
powers and duties are to be performed in each department,
shall prescribe the powers and duties of the various officers
and employees and make such rules and regulations for the
efficient and economical conduct of the business of the city
as it may deem necessary and proper. The commission may
assign particular officers and employees to one or more
departments and may require an officer or employee to
perform duties in two or more departments. [1965 c 7 §
35.17.090. Prior: 1911 c 116 § 11, part; RRS § 9100, part.]
35.17.100 Bonds of commissioners and employees.
Every member of the city commission, before qualifying,
shall give a good and sufficient bond to the city in a sum
equivalent to five times the amount of his annual salary,
(2002 Ed.)
35.17.030
conditioned for the faithful performance of the duties of his
office. The bonds must be approved by a judge of the
superior court for the county in which the city is located and
filed with the clerk thereof. The commission, by resolution,
may require any of its appointees to give bond to be fixed
and approved by the commission and filed with the mayor.
[1965 c 7 § 35.17.100. Prior: 1911 c 116 § 6; RRS §
9095.]
35.17.105 Clerk may take acknowledgments. The
clerk or deputy clerk of any city having a commission form
of government shall, without charge, take acknowledgments
and administer oaths required by law on all claims and
demands against the city. [1965 c 7 § 35.17.105.]
35.17.108 Salaries of mayor and commissioners.
The annual salaries of the mayor and the commissioners of
any city operating under a commission form of government
shall be as fixed by charter or ordinance of said city. The
power and authority conferred by this section shall be
construed as in addition and supplemental to powers or
authority conferred by any other law, and nothing contained
herein shall be construed as limiting any other powers or authority of any such city. [1967 c 100 § 1.]
35.17.120 Officers and employees—Salaries and
wages. All appointive officers and employees shall receive
such compensation as the commission shall fix by ordinance,
payable monthly or at such shorter periods as the commission may determine. [1965 c 7 § 35.17.120. Prior: 1943 c
25 § 4, part; 1911 c 116 § 14, part; Rem. Supp. 1943 §
9103, part.]
35.17.130 Officers and employees—Creation—
Removal—Changes in compensation. The commission
shall have power from time to time to create, fill and
discontinue offices and employments other than those herein
prescribed, according to their judgment of the needs of the
city; and may, by majority vote of all the members, remove
any such officer or employees, except as otherwise provided
for in this chapter; and may by resolution, or otherwise,
prescribe, limit or change the compensation of such officers
or employees. [1965 c 7 § 35.17.130. Prior: 1911 c 116 §
13; RRS § 9102.]
35.17.150 Officers and employees—Passes, free
services prohibited, exceptions—Penalty. No officer or
employee, elected or appointed, shall receive from any
enterprise operating under a public franchise any frank, free
ticket, or free service or receive any service upon terms
more favorable than are granted to the public generally:
PROVIDED, That the provisions of this section shall not
apply to free transportation furnished to policemen and
firemen in uniform nor to free service to city officials
provided for in the franchise itself.
Any violation of the provisions of this section shall be
a misdemeanor. [1965 c 7 § 35.17.150. Prior: 1961 c 268
§ 11; prior: 1911 c 116 § 17, part; RRS § 9106, part.]
[Title 35 RCW—page 47]
35.17.170
Title 35 RCW: Cities and Towns
35.17.170 Financial statements—Monthly—Annual.
The commission shall each month print in pamphlet form a
detailed itemized statement of all receipts and expenses of
the city and a summary of its proceedings during the preceding month and furnish copies thereof to the state library, the
city library, the newspapers of the city, and to persons who
apply therefor at the office of the city clerk. At the end of
each year the commission shall cause a complete examination of all the books and accounts of the city to be made by
competent accountants and shall publish the result of such
examination to be made in the manner above provided for
publication of statements of monthly expenditures. [1965 c
7 § 35.17.170. Prior: 1911 c 116 § 18; RRS § 9107.]
35.17.180 Legislative power—How exercised. Each
member of the commission shall have the right to vote on all
questions coming before the commission. Two members of
the commission shall constitute a quorum and the affirmative
vote of at least two members shall be necessary to adopt any
motion, resolution, ordinance, or course of action.
Every measure shall be reduced to writing and read
before the vote is taken and upon every vote the yeas and
nays shall be called and recorded. [1965 c 7 § 35.17.180.
Prior: 1911 c 116 § 10, part; RRS § 9099, part.]
35.17.190 Legislative ordinances and resolutions.
Every resolution and ordinance adopted by the commission
shall be signed by the mayor or by two members of the
commission and filed and recorded within five days of its
passage. The mayor shall have no veto power. [1965 c 7 §
35.17.190. Prior: 1911 c 116 § 10, part; RRS § 9099, part.]
35.17.200 Legislative—Appropriations of money.
No money shall be appropriated except by ordinance and
every such ordinance complete in the form in which it is
finally passed shall remain on file with the city clerk for
public inspection at least one week before final passage.
[1965 c 7 § 35.17.200. Prior: 1911 c 116 § 16, part; RRS
§ 9105, part.]
35.17.210 Legislative—Street improvements. Every
ordinance or resolution ordering any street improvement or
sewer complete in the form in which it is finally passed shall
remain on file with the city clerk for public inspection at
least one week before final passage. [1965 c 7 § 35.17.210.
Prior: 1911 c 116 § 16, part; RRS § 9105, part.]
35.17.220 Legislative—Franchises—Referendum.
No franchise or right to occupy or use the streets, highways,
bridges or other public places shall be granted, renewed, or
extended except by ordinance and every such ordinance
complete in the form in which it is finally passed shall
remain on file with the city clerk for at least one week
before final passage and if the franchise or grant is for
interurban or street railways, gas or water works, electric
light or power plants, heating plants, telegraph or telephone
systems or other public service utilities, the ordinance must
be submitted to a vote of the people at a general or special
election and approved by a majority of those voting thereon.
[1965 c 7 § 35.17.220. Prior: 1911 c 116 § 16, part; RRS
§ 9105, part.]
[Title 35 RCW—page 48]
Times for holding elections: Chapter 29.13 RCW.
35.17.230 Legislative—Ordinances—Time of going
into effect. Ordinances shall not go into effect before thirty
days from the time of final passage and are subject to
referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of
public peace, health, and safety which contain a statement of
urgency and are passed by unanimous vote of all the
commissioners;
(3) Ordinances providing for local improvement districts. [1965 c 7 § 35.17.230. Prior: (i) 1911 c 116 § 22,
part; RRS § 9111, part. (ii) 1911 c 116 § 21, part; RRS §
9110, part.]
35.17.240 Legislative—Referendum—Filing suspends ordinance. Upon the filing of a referendum petition
praying therefor, the commission shall reconsider an ordinance subject to referendum and upon reconsideration shall
defeat it in its entirety or shall submit it to a vote of the
people. The operation of an ordinance so protested against
shall be suspended until the referendum petition is finally
found insufficient or until the ordinance protested against has
received a majority of the votes cast thereon at the election.
[1965 c 7 § 35.17.240. Prior: 1911 c 116 § 22, part; RRS
§ 9111, part.]
35.17.250 Legislative—Referendum—Petitions and
conduct of elections. All provisions applicable to the
character, form, and number of signatures required for an
initiative petition, to the examination and certification
thereof, and to the submission to the vote of the people of
the ordinance proposed thereby, shall apply to a referendum
petition and to the ordinance sought to be defeated thereby.
[1965 c 7 § 35.17.250. Prior: 1911 c 116 § 22, part; RRS
§ 9111, part.]
35.17.260 Legislative—Ordinances by initiative
petition. Ordinances may be initiated by petition of registered voters of the city filed with the commission. If the
petition accompanying the proposed ordinance is signed by
the registered voters in the city equal in number to twentyfive percent of the votes cast for all candidates for mayor at
the last preceding city election, and if it contains a request
that, unless passed by the commission, the ordinance be
submitted to a vote of the registered voters of the city, the
commission shall either:
(1) Pass the proposed ordinance without alteration
within twenty days after the county auditor’s certificate of
sufficiency has been received by the commission; or
(2) Immediately after the county auditor’s certificate of
sufficiency for the petition is received, cause to be called a
special election to be held on the next election date, as
provided in RCW 29.13.020, that occurs not less than fortyfive days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a
general election will occur within ninety days, in which
event submission must be made on the general election
ballot. [1996 c 286 § 4; 1965 c 7 § 35.17.260. Prior: 1911
c 116 § 21, part; RRS § 9110, part.]
(2002 Ed.)
Commission Form of Government
35.17.270 Legislative—Initiative petition—
Submission procedures. The petitioner preparing an
initiative petition for submission to the commission shall
follow the procedures established in RCW 35.21.005. [1996
c 286 § 5; 1965 c 7 § 35.17.270. Prior: (i) 1911 c 116 §
21, part; RRS § 9110, part. (ii) 1911 c 116 § 20, part; RRS
§ 9109, part. (iii) 1911 c 116 § 24; RRS § 9113.]
35.17.280 Legislative—Initiative petition—Checking
by clerk. Within ten days from the filing of a petition
submitting a proposed ordinance the city clerk shall ascertain
and append to the petition his certificate stating whether or
not it is signed by a sufficient number of registered voters,
using the registration records and returns of the preceding
municipal election for his sources of information, and the
commission shall allow him extra help for that purpose, if
necessary. If the signatures are found by the clerk to be
insufficient the petition may be amended in that respect
within ten days from the date of the certificate. Within ten
days after submission of the amended petition the clerk shall
make an examination thereof and append his certificate
thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it.
[1965 c 7 § 35.17.280. Prior: (i) 1911 c 116 § 20, part;
RRS § 9109, part. (ii) 1911 c 116 § 21, part; RRS § 9110,
part.]
35.17.290 Legislative—Initiative petition—Appeal
to court. If the clerk finds the petition insufficient or if the
commission refuses either to pass an initiative ordinance or
order an election thereon, any taxpayer may commence an
action in the superior court against the city and procure a
decree ordering an election to be held in the city for the
purpose of voting upon the proposed ordinance if the court
finds the petition to be sufficient. [1965 c 7 § 35.17.290.
Prior: (i) 1911 c 116 § 20, part; RRS § 9109, part. (ii)
1911 c 116 § 21, part; RRS § 9110, part.]
35.17.300 Legislative—Initiative—Conduct of
election. Publication of notice, the election, the canvass of
the returns and declaration of the results, shall be conducted
in all respects as are other city elections. Any number of
proposed ordinances may be voted on at the same election,
but there shall not be more than one special election for that
purpose during any one six-month period. [1965 c 7 §
35.17.300. Prior: (i) 1911 c 116 § 20, part; RRS § 9109,
part. (ii) 1911 c 116 § 21, part; RRS § 9110, part.]
Canvassing returns, generally: Chapter 29.62 RCW.
Conduct of elections—Canvass: RCW 29.13.040.
35.17.310 Legislative—Initiative—Notice of election.
The city clerk shall cause any ordinance or proposition
required to be submitted to the voters at an election to be
published once in each of the daily newspapers in the city
not less than five nor more than twenty days before the
election, or if no daily newspaper is published in the city,
publication shall be made in each of the weekly newspapers
published therein. This publication shall be in addition to
the notice required in chapter 29.27 RCW. [1965 c 7 §
35.17.310. Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
(2002 Ed.)
35.17.270
35.17.330 Legislative—Initiative—Effective date—
Record. If the number of votes cast thereon favor the
proposed ordinance, it shall become effective immediately
and shall be made a part of the record of ordinances of the
city. [1965 c 7 § 35.17.330. Prior: 1911 c 116 § 21, part;
RRS § 9110, part.]
35.17.340 Legislative—Initiative—Repeal or amendment. Upon the adoption of an ordinance initiated by
petition, the city clerk shall write on the margin of the
record thereof "ordinance by petition No. . . . .," or "ordinance by vote of the people," and it cannot be repealed or
amended except by a vote of the people. [1965 c 7 §
35.17.340. Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.350 Legislative—Initiative—Repeal or amendment—Method. The commission may by means of an
ordinance submit a proposition for the repeal or amendment
of an ordinance, initiated by petition, by submitting it to a
vote of the people at any general election and if a majority
of the votes cast upon the proposition favor it, the ordinance
shall be repealed or amended accordingly.
A proposition of repeal or amendment must be published before the election thereon as is an ordinance initiated
by petition when submitted to election. [1965 c 7 §
35.17.350. Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.360 Legislative—Initiative—Repeal or amendment—Record. Upon the adoption of a proposition to
repeal or amend an ordinance initiated by petition, the city
clerk shall write upon the margin of the record of the ordinance "repealed (or amended) by ordinance No. . . . .," or
"repealed (or amended) by vote of the people." [1965 c 7 §
35.17.360. Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.370 Organization on commission form—
Eligibility—Census. Any city having a population of two
thousand and less than thirty thousand may organize as a
city under the commission form of government. The
requisite population shall be determined by the last preceding
state or federal census or the council may cause a census to
be taken by one or more suitable persons, in which the full
name of each person in the city shall be plainly written, the
names alphabetically arranged and regularly numbered in a
complete series, verified before an officer authorized to
administer oaths and filed with the city clerk. [1965 c 7 §
35.17.370. Prior: 1927 c 210 § 1; 1911 c 116 § 1; RRS §
9090.]
Census to be conducted in decennial periods: State Constitution Art. 2 §
3.
Determination of population: Chapter 43.62 RCW.
35.17.380 Organization—Petition. Upon petition of
electors in any city equal in number to twenty-five percent
of the votes cast for all candidates for mayor at the last
preceding city election therein, the mayor by proclamation
shall cause to be submitted the question of organizing the
city under the commission form of government at a special
election at a time specified therein and within sixty days
after the filing of the petition. If the plan is not adopted at
the special election called, it shall not be resubmitted to the
[Title 35 RCW—page 49]
35.17.380
Title 35 RCW: Cities and Towns
voters of the city for adoption within two years thereafter.
[1965 c 7 § 35.17.380. Prior: 1911 c 116 § 2, part; RRS §
9091, part.]
35.17.390 Organization—Ballots. The proposition on
the ballot shall be: "Shall the proposition to organize the
city of (name of city) under the commission form of
government be adopted?" followed by the words: "For organization as a city under commission form" and "against
organization as a city under commission form." The election
shall be conducted, the vote canvassed, and the result
declared in the same manner as provided by law in respect
to other city elections. If a majority of the votes cast are in
favor thereof the city shall proceed to elect a mayor and two
commissioners. [1965 c 7 § 35.17.390. Prior: 1911 c 116
§ 2, part; RRS § 9091, part.]
Canvassing returns, generally: Chapter 29.62 RCW.
Conduct of elections—Canvass: RCW 29.13.040.
Notice of election: RCW 29.27.080.
35.17.400 Organization—Election of officers—
Term. The first election of commissioners shall be held at
the next special election that occurs at least sixty days after
the election results are certified where the proposition to
organize under the commission form was approved by city
voters, and the commission first elected shall commence to
serve as soon as they have been elected and have qualified
and shall continue to serve until their successors have been
elected and qualified and have assumed office in accordance
with RCW 29.04.170. The date of the second election for
commissioners shall be in accordance with RCW 29.13.020
such that the term of the first commissioners will be as near
as possible to, but not in excess of, four years calculated
from the first day in January in the year after the year in
which the first commissioners were elected. [1994 c 223 §
11; 1979 ex.s. c 126 § 18; 1965 c 7 § 35.17.400. Prior:
1963 c 200 § 13; 1955 c 55 § 10; prior: 1943 c 25 § 1,
part; 1911 c 116 § 3, part; Rem. Supp. 1943 § 9092, part.]
35.17.430 Abandonment of commission form. Any
city which has operated under the commission form for more
than six years may again reorganize as a noncommission city
without changing its classification unless it desires to do so.
[1965 ex.s. c 47 § 3; 1965 c 7 § 35.17.430. Prior: 1911 c
116 § 23, part; RRS § 9112, part.]
35.17.440 Abandonment—Method. Upon the filing
of a petition praying therefor, signed by not less than twentyfive percent of the registered voters resident in the city, a
special election shall be called at which the following
proposition only shall be submitted: "Shall the city of (name
of city) abandon its organization as a city under the commission form and become a city under the general laws governing cities of like population?" [1965 c 7 § 35.17.440. Prior:
1911 c 116 § 23, part; RRS § 9112, part.]
35.17.450 Abandonment—Conduct of election—
Canvass. The sufficiency of the petition for the abandonment of the commission form of city government shall be
determined, the election ordered and conducted, the returns
canvassed and the results declared as required by the
provisions applicable to the proceedings for the enactment of
an ordinance by initiative petition to the extent to which they
are appropriate. [1965 c 7 § 35.17.450. Prior: 1911 c 116
§ 23, part; RRS § 9112, part.]
35.17.460 Abandonment—Effect. If a majority of
the votes cast upon the proposition of abandoning the
commission form of city government favor the proposition,
the city shall be reorganized under general laws immediately
upon the first election of city officers, which shall be held
on the date of the next general city election of cities of its
class. The change in form of government shall not affect the
property, rights, or liabilities of the city. [1965 c 7 §
35.17.460. Prior: 1911 c 116 § 23, part; RRS § 9112, part.]
Chapter 35.18
COUNCIL-MANAGER PLAN
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.17.410 Organization—Effect on ordinances—
Boundaries—Property. All bylaws, ordinances and
resolutions in force when a city organizes under the commission form shall remain in force until amended or repealed.
The boundaries of a city reorganized under the commission form shall not be changed thereby.
All rights and property vested in the city before reorganization under the commission form shall vest in the city as
reorganized and no right or liability either in favor of or
against it, existing at the time and no suit or prosecution
shall be affected by the change. [1965 c 7 § 35.17.410.
Prior: 1911 c 116 § 4, part; RRS § 9093, part.]
35.17.420 Organization—Revision of appropriations. If, at the beginning of the term of office of the first
commission elected in a city organized under the commission form, the appropriations for the expenditures of the city
for the current fiscal year have been made, the commission,
by ordinance, may revise them. [1965 c 7 § 35.17.420.
Prior: 1911 c 116 § 19; RRS § 9108.]
[Title 35 RCW—page 50]
Sections
35.18.005
35.18.010
35.18.020
35.18.030
35.18.035
35.18.040
35.18.050
35.18.060
35.18.070
35.18.080
35.18.090
35.18.100
35.18.110
35.18.120
35.18.130
35.18.140
35.18.150
35.18.160
35.18.170
Definition—"Councilman."
The council-manager plan.
Number of councilmembers—Wards, districts—Terms—
Vacancies.
Laws applicable to council-manager cities—Civil service.
Second class cities, parking meter revenue for revenue
bonds.
City manager—Qualifications.
City manager—Bond and oath.
City manager—Authority.
City manager—May serve two or more cities.
City manager—Creation of departments.
City manager—Department heads—Authority.
City manager—Appointment of subordinates—
Qualifications—Terms.
City manager—Interference by councilmembers.
City manager—Removal—Resolution and notice.
City manager—Removal—Reply and hearing.
City manager—Substitute.
Council—Eligibility.
Council—Authority.
Council meetings.
(2002 Ed.)
Council-Manager Plan
35.18.180
35.18.190
35.18.200
35.18.210
35.18.220
35.18.230
35.18.240
35.18.250
35.18.260
35.18.270
35.18.280
35.18.285
35.18.290
35.18.300
35.18.310
35.18.320
Council—Ordinances—Recording.
Mayor—Election—Vacancy.
Mayor—Duties.
Mayor pro tempore.
Salaries.
Organization on council-manager plan—Eligibility.
Organization—Petition.
Organization—Election procedure.
Organization—Ballots.
Organization—Election of council, procedure.
Organization—Holding over by incumbent officials and
employees.
Organization—First council may revise budget.
Abandonment of council-manager plan.
Abandonment—Method.
Abandonment—Special election necessary.
Abandonment—Effect.
35.18.005 Definition—"Councilman." As used in
this title, the term "councilman" or "councilmen" means
councilmember or councilmembers. [1981 c 213 § 1.]
35.18.010 The council-manager plan. Under the
council-manager plan of city government, the councilmen
shall be the only elective officials. The council shall appoint
an officer whose title shall be "city manager" who shall be
the chief executive officer and head of the administrative
branch of city or town government. The city manager shall
be responsible to the council for the proper administration of
all affairs of the city or town. [1965 c 7 § 35.18.010. Prior:
1955 c 337 § 2; prior: (i) 1943 c 271 § 8, part; Rem. Supp.
1943 § 9198-17, part. (ii) 1943 c 271 § 12, part; Rem.
Supp. 1943 § 9198-21, part. (iii) 1949 c 84 § 2, part; 1943
c 271 § 17, part; Rem. Supp. 1949 § 9198-26, part.]
35.18.020 Number of councilmembers—Wards,
districts—Terms—Vacancies. (1) The number of
councilmembers in a city or town operating with a councilmanager plan of government shall be based upon the latest
population of the city or town that is determined by the
office of financial management as follows:
(a) A city or town having not more than two thousand
inhabitants, five councilmembers; and
(b) A city or town having more than two thousand,
seven councilmembers.
(2) Except for the initial staggering of terms,
councilmembers shall serve for four-year terms of office.
All councilmembers shall serve until their successors are
elected and qualified and assume office in accordance with
RCW 29.04.170. Councilmembers may be elected on a citywide or town-wide basis, or from wards or districts, or any
combination of these alternatives. Candidates shall run for
specific positions. Wards or districts shall be redrawn as
provided in chapter 29.70 RCW. Wards or districts shall be
used as follows: (a) Only a resident of the ward or district
may be a candidate for, or hold office as, a councilmember
of the ward or district; and (b) only voters of the ward or
district may vote at a primary to nominate candidates for a
councilmember of the ward or district. Voters of the entire
city or town may vote at the general election to elect a
councilmember of a ward or district, unless the city or town
had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only
voters residing within the ward or district associated with the
(2002 Ed.)
Chapter 35.18
council positions. If a city or town had so limited the voting
in the general election to only voters residing within the
ward or district, then the city or town shall be authorized to
continue to do so.
(3) When a city or town has qualified for an increase in
the number of councilmembers from five to seven by virtue
of the next succeeding population determination made by the
office of financial management, two additional council
positions shall be filled at the next municipal general
election with the person elected to one of the new council
positions receiving the greatest number of votes being
elected for a four-year term of office and the person elected
to the other additional council position being elected for a
two-year term of office. The two additional councilmembers
shall assume office immediately when qualified in accordance with RCW 29.01.135, but the term of office shall be
computed from the first day of January after the year in
which they are elected. Their successors shall be elected to
four-year terms of office.
Prior to the election of the two new councilmembers,
the city or town council shall fill the additional positions by
appointment not later than forty-five days following the
release of the population determination, and each appointee
shall hold office only until the new position is filled by
election.
(4) When a city or town has qualified for a decrease in
the number of councilmembers from seven to five by virtue
of the next succeeding population determination made by the
office of financial management, two council positions shall
be eliminated at the next municipal general election if four
council positions normally would be filled at that election, or
one council position shall be eliminated at each of the next
two succeeding municipal general elections if three council
positions normally would be filled at the first municipal
general election after the population determination. The
council shall by ordinance indicate which, if any, of the
remaining positions shall be elected at-large or from wards
or districts.
(5) Vacancies on a council shall occur and shall be
filled as provided in chapter 42.12 RCW. [1994 c 223 § 12;
1981 c 260 § 7. Prior: 1979 ex.s. c 126 § 19; 1979 c 151
§ 26; 1956 c 7 § 35.18.020; prior: 1959 c 76 § 1; 1955 c
337 § 3; prior: (i) 1943 c 271 § 6; Rem. Supp. 1943 §
9198-15. (ii) 1943 c 271 § 4, part; Rem. Supp. 1943 §
9198-13, part.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Population determinations, office of financial management: Chapter 43.62
RCW.
Times for holding elections: Chapter 29.13 RCW.
35.18.030 Laws applicable to council-manager
cities—Civil service. A city or town organized under the
council-manager plan shall have all the powers which cities
of its class have and shall be governed by the statutes applicable to such cities to the extent to which they are appropriate and not in conflict with the provisions specifically
applicable to cities organized under the council-manager
plan.
Any city adopting a council-manager form of government may adopt any system of civil service which would be
available to it under any other form of city government.
[Title 35 RCW—page 51]
35.18.030
Title 35 RCW: Cities and Towns
Any state law relative to civil service in cities of the class of
a city under the council-manager type of government shall
be applicable thereto. [1965 c 7 § 35.18.030. Prior: (i)
1949 c 84 § 4; Rem. Supp. 1949 § 9198-33. (ii) 1943 c 271
§ 10, part; Rem. Supp. 1943 § 9198-19, part. (iii) 1943 c
271 § 21; Rem. Supp. 1943 § 9198-30.]
35.18.035 Second class cities, parking meter revenue for revenue bonds. See RCW 35.23.454.
35.18.040 City manager—Qualifications. The city
manager need not be a resident. He shall be chosen by the
council solely on the basis of his executive and administrative qualifications with special reference to his actual
experience in, or his knowledge of, accepted practice in
respect to the duties of his office. No person elected to
membership on the council shall be eligible for appointment
as city manager until one year has elapsed following the
expiration of the term for which he was elected. [1965 c 7
§ 35.18.040. Prior: 1955 c 337 § 4; prior: (i) 1949 c 84 §
2, part; 1943 c 271 § 17, part; Rem. Supp. 1949 § 9198-26,
part. (ii) 1943 c 271 § 12, part; Rem. Supp. 1943 § 919821, part.]
35.18.050 City manager—Bond and oath. Before
entering upon the duties of his office the city manager shall
take the official oath for the support of the government and
the faithful performance of his duties and shall execute and
file with the clerk of the council a bond in favor of the city
or town in such sum as may be fixed by the council. [1965
c 7 § 35.18.050. Prior: 1955 c 337 § 5; prior: 1943 c 271
§ 12, part; Rem. Supp. 1943 § 9198-21, part.]
35.18.060 City manager—Authority. The powers
and duties of the city manager shall be:
(1) To have general supervision over the administrative
affairs of the municipality;
(2) To appoint and remove at any time all department
heads, officers, and employees of the city or town, except
members of the council, and subject to the provisions of any
applicable law, rule, or regulation relating to civil service:
PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council,
of the city planning commission, and other advisory citizens’
committees, commissions and boards advisory to the city
council: PROVIDED FURTHER, That the city manager
shall appoint the municipal judge to a term of four years,
subject to confirmation by the council. The municipal judge
may be removed only on conviction of malfeasance or
misconduct in office, or because of physical or mental
disability rendering him incapable of performing the duties
of his office. The council may cause an audit to be made of
any department or office of the city or town government and
may select the persons to make it, without the advice or
consent of the city manager;
(3) To attend all meetings of the council at which his
attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully
executed, subject to the authority which the council may
grant the mayor to maintain law and order in times of
emergency;
[Title 35 RCW—page 52]
(5) To recommend for adoption by the council such
measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as
may be required by that body or as he may deem it advisable to submit;
(7) To keep the council fully advised of the financial
condition of the city or town and its future needs;
(8) To prepare and submit to the council a tentative
budget for the fiscal year;
(9) To perform such other duties as the council may
determine by ordinance or resolution. [1987 c 3 § 5; 1965
ex.s. c 116 § 1; 1965 c 7 § 35.18.060. Prior: 1955 c 337 §
6; prior: (i) 1949 c 84 § 2, part; 1943 c 271 § 17, part;
Rem. Supp. 1949 § 9198-26, part. (ii) 1949 c 84 § 1; 1943
c 271 § 15; Rem. Supp. 1949 § 9198-24. (iii) 1949 c 84 §
3, part; 1943 c 271 § 18, part; Rem. Supp. 1949 § 9198-27,
part.]
Severability—1987 c 3: See note following RCW 3.46.020.
35.18.070 City manager—May serve two or more
cities. Whether the city manager shall devote his full time
to the affairs of one city or town shall be determined by the
council. A city manager may serve two or more cities or
towns in that capacity at the same time. [1965 c 7 §
35.18.070. Prior: 1943 c 271 § 13; Rem. Supp. 1943 §
9198-22.]
35.18.080 City manager—Creation of departments.
On recommendation of the city manager, the council may
create such departments, offices and employments as may be
found necessary and may determine the powers and duties of
each department or office. [1965 c 7 § 35.18.080. Prior:
1943 c 271 § 16; Rem. Supp. 1943 § 9198-25.]
35.18.090 City manager—Department heads—
Authority. The city manager may authorize the head of a
department or office responsible to him to appoint and
remove subordinates in such department or office. Any
officer or employee who may be appointed by the city
manager, or by the head of a department or office, except
one who holds his position subject to civil service, may be
removed by the manager or other such appointing officer at
any time. Subject to the provisions of RCW 35.18.060, the
decision of the manager or other appointing officer, shall be
final and there shall be no appeal therefrom to any other
office, body, or court whatsoever. [1965 c 7 § 35.18.090.
Prior: 1955 c 337 § 7; prior: (i) 1949 c 84 § 2, part; 1943
c 271 § 17, part; Rem. Supp. 1949 § 9198-26, part. (ii)
1949 c 84 § 3, part; 1943 c 271 § 18, part; Rem. Supp. 1949
§ 9198-27, part.]
35.18.100 City manager—Appointment of subordinates—Qualifications—Terms. Appointments made by or
under the authority of the city manager shall be on the basis
of executive and administrative ability and of the training
and experience of the appointees in the work which they are
to perform. Residence within the city or town shall not be
a requirement. All such appointments shall be without
definite term. [1965 c 7 § 35.18.100. Prior: 1955 c 337 §
8; prior: 1949 c 84 § 2, part; 1943 c 271 § 17, part; Rem.
Supp. 1949 § 9198-26, part.]
(2002 Ed.)
Council-Manager Plan
35.18.110 City manager—Interference by
councilmembers. Neither the council, nor any of its
committees or members shall direct or request the appointment of any person to, or his removal from, office by the
city manager or any of his subordinates. Except for the
purpose of inquiry, the council and its members shall deal
with the administrative service solely through the manager
and neither the council nor any committee or member
thereof shall give orders to any subordinate of the city
manager, either publicly or privately: PROVIDED, HOWEVER, That nothing herein shall be construed to prohibit the
council, while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city
affairs. [1965 c 7 § 35.18.110. Prior: 1955 c 337 § 14;
prior: 1943 c 271 § 19, part; Rem. Supp. 1943 § 9198-28,
part.]
35.18.120 City manager—Removal—Resolution and
notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the
council.
At least thirty days before the effective date of his
removal, the city manager must be furnished with a formal
statement in the form of a resolution passed by a majority
vote of the city council stating the council’s intention to
remove him and the reasons therefor. Upon passage of the
resolution stating the council’s intention to remove the
manager, the council by a similar vote may suspend him
from duty, but his pay shall continue until his removal
becomes effective. [1965 c 7 § 35.18.120. Prior: 1955 c
337 § 17; prior: 1943 c 271 § 14, part; Rem. Supp. 1943 §
9198-23, part.]
35.18.130 City manager—Removal—Reply and
hearing. The city manager may, within thirty days from the
date of service upon him of a copy thereof, reply in writing
to the resolution stating the council’s intention to remove
him. In the event no reply is timely filed, the resolution
shall upon the thirty-first day from the date of such service,
constitute the final resolution removing the manager, and his
services shall terminate upon that day. If a reply shall be
timely filed with its clerk, the council shall fix a time for a
public hearing upon the question of the manager’s removal
and a final resolution removing the manager shall not be
adopted until a public hearing has been had. The action of
the council in removing the manager shall be final. [1965
c 7 § 35.18.130. Prior: 1955 c 337 § 18; prior: 1943 c 271
§ 14, part; Rem. Supp. 1943 § 9198-23, part.]
35.18.140 City manager—Substitute. The council
may designate a qualified administrative officer of the city
or town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan,
pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager,
pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the
manager. [1965 c 7 § 35.18.140. Prior: 1955 c 337 § 19;
prior: 1943 c 271 § 14, part; Rem. Supp. 1943 § 9198-23,
part.]
(2002 Ed.)
35.18.110
35.18.150 Council—Eligibility. Only a qualified
elector of the city or town may be a member of the council
and upon ceasing to be such, or upon being convicted of a
crime involving moral turpitude, or of violating the provisions of RCW 35.18.110, he shall immediately forfeit his office. [1965 c 7 § 35.18.150. Prior: 1955 c 337 § 15; prior:
(i) 1943 c 271 § 19, part; Rem. Supp. 1943 § 9198-28, part.
(ii) 1943 c 271 § 9, part; Rem. Supp. 1943 § 9198-18, part.]
35.18.160 Council—Authority. The council shall
have all of the powers which inhere in the city or town not
reserved to the people or vested in the city manager, including but not restricted to the authority to adopt ordinances and
resolutions. [1965 c 7 § 35.18.160. Prior: (i) 1943 c 271
§ 9, part; Rem. Supp. 1943 § 9198-18, part. (ii) 1943 c 271
§ 10, part; Rem. Supp. 1943 § 9198-19, part.]
35.18.170 Council meetings. The council shall meet
at the times and places fixed by ordinance but must hold at
least one regular meeting each month. The clerk shall call
special meetings of the council upon request of the mayor or
any two members. At all meetings of the city council, a
majority of the councilmen shall constitute a quorum for the
transaction of business, but a less number may adjourn from
time to time and may compel the attendance of absent
members in such manner and under such penalties as may be
prescribed by ordinance. Requests for special meetings shall
state the subject to be considered and no other subject shall
be considered at a special meeting.
All meetings of the council and of committees thereof
shall be open to the public and the rules of the council shall
provide that citizens of the city or town shall have a reasonable opportunity to be heard at any meetings in regard to any
matter being considered thereat. [1965 c 7 § 35.18.170.
Prior: 1955 c 337 § 20; prior: 1943 c 271 § 7; Rem. Supp.
1943 § 9198-16.]
35.18.180 Council—Ordinances—Recording. No
ordinance, resolution, or order, including those granting a
franchise or valuable privilege, shall have any validity or
effect unless passed by the affirmative vote of at least a
majority of the members of the city or town council. Every
ordinance or resolution adopted shall be signed by the mayor
or two members, filed with the clerk within two days and by
him recorded. [1965 c 7 § 35.18.180. Prior: 1959 c 76 §
3; 1943 c 271 § 11; Rem. Supp. 1943 § 9198-20.]
35.18.190 Mayor—Election—Vacancy. Biennially at
the first meeting of the new council the members thereof
shall choose a chairman from among their number who shall
have the title of mayor. In addition to the powers conferred
upon him as mayor, he shall continue to have all the rights,
privileges and immunities of a member of the council. If a
vacancy occurs in the office of mayor, the members of the
council at their next regular meeting shall select a mayor
from among their number for the unexpired term. [1969 c
101 § 1; 1965 c 7 § 35.18.190. Prior: 1955 c 337 § 9;
prior: 1943 c 271 § 8, part; Rem. Supp. 1943 § 9198-17,
part.]
[Title 35 RCW—page 53]
35.18.200
Title 35 RCW: Cities and Towns
35.18.200 Mayor—Duties. The mayor shall preside
at meetings of the council, and be recognized as the head of
the city or town for all ceremonial purposes and by the
governor for purposes of military law.
He shall have no regular administrative duties, but in
time of public danger or emergency, if so authorized by the
council, shall take command of the police, maintain law, and
enforce order. [1965 c 7 § 35.18.200. Prior: 1955 c 337 §
10; prior: 1943 c 271 § 8, part; Rem. Supp. 1943 § 919817, part.]
35.18.210 Mayor pro tempore. In case of the
mayor’s absence, a mayor pro tempore selected by the
members of the council from among their number shall act
as mayor during the continuance of the absence. [1969 c
101 § 2; 1965 c 7 § 35.18.210. Prior: 1955 c 337 § 11;
prior: 1943 c 271 § 8, part; Rem. Supp. 1943 § 9198-17,
part.]
35.18.220 Salaries. Each member of the council shall
receive such compensation as may be provided by law to
cities of the class to which it belongs. The city manager and
other officers or assistants shall receive such salary or compensation as the council shall fix by ordinance and shall be
payable at such times as the council may determine. [1965
c 7 § 35.18.220. Prior: (i) 1943 c 271 § 9, part; Rem.
Supp. 1943 § 9198-18, part. (ii) 1943 c 271 § 20; Rem.
Supp. 1943 § 9198-29.]
35.18.230 Organization on council-manager plan—
Eligibility. Any city or town having a population of less
than thirty thousand may be organized as a council-manager
city or town under this chapter. [1965 c 7 § 35.18.230. Prior: 1959 c 76 § 2; 1943 c 271 § 1; Rem. Supp. 1943 §
9198-10.]
35.18.240 Organization—Petition. Petitions to
reorganize a city or town on the council-manager plan must
be signed by registered voters resident therein equal in
number to at least twenty percent of the votes cast for all
candidates for mayor at the last preceding municipal election.
In addition to the signature and residence addresses of the
petitioners thereon, a petition must contain an affidavit
stating the number of signers thereon at the time the affidavit
is made.
Petitions containing the required number of signatures
shall be accepted by the city or town clerk as prima facie
valid until their invalidity has been proved.
A variation on such petitions between the signatures on
the petition and that on the voter’s permanent registration
caused by the substitution of initials instead of the first or
middle names or both shall not invalidate the signature on
the petition if the surname and handwriting are the same.
Signatures, including the original, of any voter who has
signed such petitions two or more times shall be stricken.
[1965 c 7 § 35.18.240. Prior: 1955 c 337 § 22; prior: (i)
1943 c 271 § 2, part; Rem. Supp. 1943 § 9198-11, part. (ii)
1943 c 271 § 5; Rem. Supp. 1943 § 9198-14.]
35.18.250 Organization—Election procedure. Upon
the filing of a petition for the adoption of the council[Title 35 RCW—page 54]
manager plan of government, or upon resolution of the
council to that effect, the mayor, only after the petition has
been found to be valid, by proclamation issued within ten
days after the filing of the petition or the resolution with the
clerk, shall cause the question to be submitted at a special
election to be held at a time specified in the proclamation,
which shall be as soon as possible after the sufficiency of
the petition has been determined or after the said resolution
of the council has been enacted, but in no event shall said
special election be held during the ninety day period immediately preceding any regular municipal election therein. All
acts necessary to hold this election, including legal notice,
jurisdiction and canvassing of returns, shall be conducted in
accordance with existing law. [1965 c 7 § 35.18.250. Prior:
1959 c 76 § 4; 1955 c 337 § 23; prior: 1943 c 271 § 2,
part; Rem. Supp. 1943 § 9198-11, part.]
Canvassing returns, generally: Chapter 29.62 RCW.
Conduct of elections—Canvass: RCW 29.13.040.
Notice of election: RCW 29.27.080.
Times for holding elections: Chapter 29.13 RCW.
35.18.260 Organization—Ballots. At the election for
organization on the council-manager plan, the proposition on
the ballots shall be: "Shall the city (or town) of . . . . . .
adopt the council-manager plan of municipal government?"
followed by the words:
"For organization as a council-manager city or town
. . . ."
"Against organization as a council-manager city or town
. . . ."
The election shall be conducted, the vote canvassed and
the results declared in the same manner as provided by law
in respect to other municipal elections. [1965 c 7 §
35.18.260. Prior: 1943 c 271 § 3; Rem. Supp. 1943 §
9198-12.]
35.18.270 Organization—Election of council,
procedure. If the majority of the votes cast at a special
election for organization on the council-manager plan favor
the plan, the city or town shall elect the council required
under the council-manager plan in number according to its
population at the next municipal general election. However,
special elections shall be held to nominate and elect the new
city councilmembers at the next primary and general election
held in an even-numbered year if the next municipal general
election is more than one year after the date of the election
at which the voters approved the council-manager plan. The
staggering of terms of office shall occur at the election when
the new councilmembers are elected, where the simple
majority of the persons elected as councilmembers receiving
the greatest numbers of votes shall be elected to four-year
terms of office if the election is held in an odd-numbered
year, or three-year terms of office if the election is held in
an even-numbered year, and the remainder of the persons
elected as councilmembers shall be elected to two-year terms
of office if the election is held in an odd-numbered year, or
one-year terms of office if the election is held in an evennumbered year. The initial councilmembers shall take office
immediately when they are elected and qualified, but the
lengths of their terms of office shall be calculated from the
first day in January in the year following the election. [1994
(2002 Ed.)
Council-Manager Plan
c 223 § 13; 1979 ex.s. c 126 § 20; 1965 c 7 § 35.18.270.
Prior: 1959 c 76 § 5; 1955 c 337 § 12; prior: (i) 1943 c
271 § 8, part; Rem. Supp. 1943 § 9198-17, part. (ii) 1943
c 271 § 4, part; Rem. Supp. 1943 § 9198-13, part.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.18.280 Organization—Holding over by incumbent officials and employees. Councilmen shall take office
at the times provided by RCW 35.18.270 as now or hereafter
amended. The other city officials and employees who are
incumbent at the time the council-manager plan takes effect
shall hold office until their successors have been selected in
accordance with the provisions of this chapter. [1965 c 7 §
35.18.280. Prior: 1943 c 271 § 8, part; Rem. Supp. 1943 §
9198-17, part.]
35.18.285 Organization—First council may revise
budget. If, at the beginning of the term of office of the first
council elected in a city organized under the council-manager plan, the appropriations for the expenditures of the city
for the current fiscal year have been made, the council, by
ordinance, may revise them but may not exceed the total
appropriations for expenditures already specified in the
budget for the year. [1965 c 7 § 35.18.285. Prior: 1955 c
337 § 24.]
35.18.290 Abandonment of council-manager plan.
Any city or town which has operated under the councilmanager plan for more than six years may abandon such
organization and accept the provisions of the general laws
then applicable to municipalities upon the petition of not less
than twenty percent of the registered voters therein, without
changing its classification unless it desires to do so. [1965
ex.s. c 47 § 4; 1965 c 7 § 35.18.290. Prior: 1943 c 271 §
22, part; Rem. Supp. 1943 § 9198-31, part.]
35.18.300 Abandonment—Method. The sufficiency
of the petition for abandonment of the council-manager form
of government shall be determined, the election ordered and
conducted, and the results declared generally as provided for
the procedure for reorganizing under the council-manager
plan so far as those provisions are applicable. [1965 c 7 §
35.18.300. Prior: 1943 c 271 § 23, part; Rem. Supp. 1943
§ 9198-32, part.]
Organization on council-manager plan: RCW 35.18.240 through 35.18.285.
35.18.310 Abandonment—Special election necessary. The proposition to abandon the council-manager plan
must be voted on at a special election called for that purpose
at which the only proposition to be voted on shall be: "Shall
the city (or town) of . . . . . . abandon its organization under
the council-manager plan and become a city (or town) under
the general law governing cities (or towns) of . . . . . .
class?" [1965 c 7 § 35.18.310. Prior: 1943 c 271 § 22
part; Rem. Supp. 1943 § 9198-31, part.]
35.18.320 Abandonment—Effect. If a majority of
votes cast at the special election favor the abandonment of
the council-manager form of government, the officers elected
at the next succeeding biennial election shall be those then
(2002 Ed.)
35.18.270
prescribed for cities or towns of like class. Upon the
qualification of such officers, the municipality shall again
become organized under the general laws of the state, but
such change shall not affect in any manner or degree the
property, rights, or liabilities of the corporation but shall
merely extend to such change in its form of government.
[1965 c 7 § 35.18.320. Prior: 1943 c 271 § 23, part; Rem.
Supp. 1943 § 9198-32, part.]
Chapter 35.20
MUNICIPAL COURTS—CITIES OVER FOUR
HUNDRED THOUSAND
Sections
35.20.010
Municipal court established—Termination of court—
Agreement covering costs of handling resulting criminal
cases—Arbitration—Notice.
35.20.020 Sessions—Judges may act as magistrates—Night court.
35.20.030 Jurisdiction—Maximum penalties for criminal violations—
Review—Costs.
35.20.090 Trial by jury—Juror’s fees.
35.20.100 Departments of court—Jurisdiction and venue—Presiding
judge—Costs of election.
35.20.105 Court administrator.
35.20.110 Seal of court—Extent of process.
35.20.120 Expenses of court.
35.20.131 Director of traffic violations.
35.20.140 Monthly meeting of judges—Rules and regulations of court.
35.20.150 Election of judges—Vacancies.
35.20.155 Municipal court commissioners—Appointment, powers.
35.20.160 Judges’ salaries.
35.20.170 Qualifications of judges—Practice of law prohibited.
35.20.180 Judges’ oath of office, official bonds.
35.20.190 Additional judge.
35.20.200 Judges pro tempore.
35.20.205 Judicial officers—Hearing examiner.
35.20.210 Clerks of court.
35.20.220 Powers and duties of chief clerk—Remittance by city treasurer—Interest—Disposition.
35.20.230 Director of probation services—Probation officers—Bailiffs.
35.20.240 First judges—Transfer of equipment.
35.20.250 Concurrent jurisdiction with superior court and district court.
35.20.255 Deferral or suspension of sentences—Probation—Maximum
term.
35.20.260 Subpoenas—Witness fees.
35.20.270 Warrant officer—Position created—Authority—Service of
criminal and civil process—Jurisdiction—Costs.
35.20.910 Construction of other laws.
35.20.921 Severability—1969 ex.s. c 147.
Rules of court: See Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
Courts of limited jurisdiction: Title 3 RCW.
Courts of record: Title 2 RCW.
Rights of accused: State Constitution Art. 1 § 22 (Amendment 10).
Rules for courts of limited jurisdiction: Volume 0.
35.20.010 Municipal court established—
Termination of court—Agreement covering costs of handling resulting criminal cases—Arbitration—Notice. (1)
There is hereby created and established in each incorporated
city of this state having a population of more than four
hundred thousand inhabitants, as shown by the federal or
state census, whichever is the later, a municipal court, which
shall be styled "The Municipal Court of . . . . . . (name of
city)," hereinafter designated and referred to as the municipal
court, which court shall have jurisdiction and shall exercise
all the powers by this chapter declared to be vested in such
[Title 35 RCW—page 55]
35.20.010
Title 35 RCW: Cities and Towns
municipal court, together with such powers and jurisdiction
as is generally conferred in this state either by common law
or statute.
(2) A municipality operating a municipal court under
this section may terminate that court if the municipality has
reached an agreement with the county under chapter 39.34
RCW under which the county is to be paid a reasonable
amount for costs associated with prosecution, adjudication,
and sentencing in criminal cases filed in district court as a
result of the termination. The agreement shall provide for
periodic review and renewal of the terms of the agreement.
If the municipality and the county are unable to agree on the
terms for renewal of the agreement, they shall be deemed to
have entered into an agreement to submit the issue to
arbitration under chapter 7.04 RCW. Pending conclusion of
the arbitration proceeding, the terms of the agreement shall
remain in effect. The municipality and the county have the
same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under
chapter 7.04 RCW.
(3) A city that has entered into an agreement for court
services with the county must provide written notice of the
intent to terminate the agreement to the county legislative
authority not less than one year prior to February 1st of the
year in which all district court judges are subject to election.
A city that terminates an agreement for court services to be
provided by a district court may terminate the agreement
only at the end of a four-year district court judicial term.
(4) A county that wishes to terminate an agreement with
a city for the provision of court services must provide
written notice of the intent to terminate the agreement to the
city legislative authority not less than one year prior to the
expiration of the agreement. [2001 c 68 § 3; 1984 c 258 §
201; 1975 c 33 § 4; 1965 c 7 § 35.20.010. Prior: 1955 c
290 § 1.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1975 c 33: See note following RCW 35.21.780.
35.20.020 Sessions—Judges may act as magistrates—Night court. The municipal court shall be always
open except on nonjudicial days. It shall hold regular and
special sessions at such times as may be prescribed by the
judges thereof. The judges shall have the power to act as
magistrates in accordance with the provisions of chapter
10.16 RCW. The legislative body of the city may by
ordinance authorize a department of the municipal court to
act as a night court, and shall appropriate the necessary
funds therefor. [1965 c 7 § 35.20.020. Prior: 1955 c 290
§ 2.]
35.20.030 Jurisdiction—Maximum penalties for
criminal violations—Review—Costs. The municipal court
shall have jurisdiction to try violations of all city ordinances
and all other actions brought to enforce or recover license
penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds
and issue execution thereon, to hear and determine all
causes, civil or criminal, arising under such ordinances, and
to pronounce judgment in accordance therewith: PROVIDED, That for a violation of the criminal provisions of an
[Title 35 RCW—page 56]
ordinance no greater punishment shall be imposed than a
fine of five thousand dollars or imprisonment in the city jail
not to exceed one year, or both such fine and imprisonment,
but the punishment for any criminal ordinance shall be the
same as the punishment provided in state law for the same
crime. All civil and criminal proceedings in municipal court,
and judgments rendered therein, shall be subject to review in
the superior court by writ of review or on appeal: PROVIDED, That an appeal from the court’s determination or order
in a traffic infraction proceeding may be taken only in
accordance with RCW 46.63.090(5). Costs in civil and
criminal cases may be taxed as provided in district courts.
A municipal court participating in the program established
by the office of the administrator for the courts pursuant to
RCW 2.56.160 shall have jurisdiction to take recognizance,
approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction
participating in the program. [2000 c 111 § 7; 1993 c 83 §
3; 1984 c 258 § 801; 1979 ex.s. c 136 § 23; 1965 c 7 §
35.20.030. Prior: 1955 c 290 § 3.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
35.20.090 Trial by jury—Juror’s fees. In all civil
cases and criminal cases where jurisdiction is concurrent
with district courts as provided in RCW 35.20.250, within
the jurisdiction of the municipal court, the plaintiff or
defendant may demand a jury, which shall consist of six
citizens of the state who shall be impaneled and sworn as in
cases before district courts, or the trial may be by a judge of
the municipal court: PROVIDED, That no jury trial may be
held on a proceeding involving a traffic infraction. A
defendant requesting a jury shall pay to the court a fee
which shall be the same as that for a jury in district court.
Where there is more than one defendant in an action and one
or more of them requests a jury, only one jury fee shall be
collected by the court. Each juror may receive up to twentyfive dollars but in no case less than ten dollars for each day
in attendance upon the municipal court, and in addition
thereto shall receive mileage at the rate determined under
RCW 43.03.060: PROVIDED, That the compensation paid
jurors shall be determined by the legislative authority of the
city and shall be uniformly applied. Trial by jury shall be
allowed in criminal cases involving violations of city
ordinances commencing January 1, 1972, unless such
incorporated city affected by this chapter has made provision
therefor prior to January 1, 1972. [1987 c 202 § 195; 1980
c 148 § 6. Prior: 1979 ex.s. c 136 § 24; 1979 ex.s. c 135
§ 8; prior: 1977 ex.s. c 248 § 3; 1977 ex.s. c 53 § 3; 1969
ex.s. c 147 § 8; 1965 c 7 § 35.20.090; prior: 1955 c 290 §
9.]
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
(2002 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
35.20.100 Departments of court—Jurisdiction and
venue—Presiding judge—Costs of election. There shall be
three departments of the municipal court, which shall be
designated as Department Nos. 1, 2 and 3. However, when
the administration of justice and the accomplishment of the
work of the court make additional departments necessary, the
legislative body of the city may create additional departments as they are needed. The departments shall be established in such places as may be provided by the legislative
body of the city, and each department shall be presided over
by a municipal judge. However, notwithstanding the priority
of action rule, for a defendant incarcerated at a jail facility
outside the city limits but within the county in which the city
is located, the city may, pursuant to an interlocal agreement
under chapter 39.34 RCW, contract with the county to
transfer jurisdiction and venue over the defendant to a district court and to provide all judicial services at the district
court as would be provided by a department of the municipal
court. The judges shall select, by majority vote, one of their
number to act as presiding judge of the municipal court for
a term of one year, and he or she shall be responsible for
administration of the court and assignment of calendars to all
departments. A change of venue from one department of the
municipal court to another department shall be allowed in
accordance with the provisions of RCW 3.66.090 in all civil
and criminal proceedings. The city shall assume the costs of
the elections of the municipal judges in accordance with the
provisions of RCW 29.13.045. [1997 c 25 § 1; 1984 c 258
§ 71; 1972 ex.s. c 32 § 1; 1969 ex.s. c 147 § 1; 1967 c 241
§ 2; 1965 c 7 § 35.20.100. Prior: 1955 c 290 § 10.]
Effective date—1997 c 25: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 15, 1997]." [1997 c 25 § 2.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1967 c 241: See note following RCW 3.66.090.
Severability—1967 c 241: See RCW 3.74.932.
35.20.105 Court administrator. There shall be a
court administrator of the municipal court appointed by the
judges of the municipal court, subject to confirmation by a
majority of the legislative body of the city, and removable
by the judges of the municipal court subject to like confirmation. Before entering upon the duties of his office the
court administrator shall take and subscribe an oath the same
as required for officers of the city, and shall execute a penal
bond in such sum and with such sureties as the legislative
body of the city may direct and subject to their approval,
conditioned for the faithful performance of his duties, and
that he will pay over to the treasurer of said city all moneys
belonging to the city which shall come into his hands as
such court administrator. The court administrator shall be
paid such compensation as the legislative body of the city
may deem reasonable. The court administrator shall act
under the supervision and control of the presiding judge of
the municipal court and shall supervise the functions of the
chief clerk and director of the traffic violations bureau or
similar agency of the city, and perform such other duties as
may be assigned to him by the presiding judge of the
municipal court. [1969 ex.s. c 147 § 2.]
(2002 Ed.)
35.20.100
35.20.110 Seal of court—Extent of process. The
municipal court shall have a seal which shall be the vignette
of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington,"
surrounding the vignette. All process from such court runs
throughout the state. The supreme court may determine by
rule what process must be issued under seal. [1999 c 152 §
3; 1965 c 7 § 35.20.110. Prior: 1955 c 290 § 11.]
35.20.120 Expenses of court. All blanks, books,
papers, stationery and furniture necessary for the transaction
of business and the keeping of records of the court shall be
furnished at the expense of the city, except those expenses
incidental to the operation of the court in matters brought
before the court because of concurrent jurisdiction with the
district court, which expense shall be borne by the county
and paid out of the county treasury. All other expenses on
account of such court which may be authorized by the city
council or the county commissioners and which are not
specifically mentioned in this chapter, shall be paid respectively out of the city treasury and county treasury. [1987 c
202 § 196; 1965 c 7 § 35.20.120. Prior: 1955 c 290 § 12.]
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.131 Director of traffic violations. There shall
be a director of the traffic violations bureau or such similar
agency of the city as may be created by ordinance of said
city. Said director shall be appointed by the judges of the
municipal court subject to such civil service laws and rules
as may be provided in such city. Said director shall act
under the supervision of the court administrator of the
municipal court and shall be responsible for the supervision
of the traffic violations bureau or similar agency of the city.
Upon *this 1969 amendatory act becoming effective those
employees connected with the traffic violations bureau under
civil service status shall be continued in such employment
and such classification. Before entering upon the duties of
his office said director shall take and subscribe an oath the
same as required for officers of the city and shall execute a
penal bond in such sum and with such sureties as the legislative body of the city may direct and subject to their
approval, conditioned for the faithful performance of his
duties, and that he will faithfully account to and pay over to
the treasurer of said city all moneys belonging to the city
which shall come into his hands as such director. Said
director shall be paid such compensation as the legislative
body of the city may deem reasonable. [1969 ex.s. c 147 §
3.]
*Reviser’s note: "this 1969 amendatory act" [1969 ex.s. c 147]
became effective August 11, 1969.
35.20.140 Monthly meeting of judges—Rules and
regulations of court. It shall be the duty of the judges to
meet together at least once each month, except during the
months of July and August, at such hour and place as they
may designate, and at such other times as they may desire,
for the consideration of such matters pertaining to the
administration of justice in said court as may be brought
before them. At these meetings they shall receive and
investigate, or cause to be investigated, all complaints
presented to them pertaining to the court and the employees
[Title 35 RCW—page 57]
35.20.140
Title 35 RCW: Cities and Towns
thereof, and shall take such action as they may deem
necessary or proper with respect thereto. They shall have
power and it shall be their duty to adopt, or cause to be
adopted, rules and regulations for the proper administration
of justice in said court. [1965 c 7 § 35.20.140. Prior: 1955
c 290 § 14.]
35.20.150 Election of judges—Vacancies. The
municipal judges shall be elected on the first Tuesday after
the first Monday in November, 1958, and on the first
Tuesday after the first Monday of November every fourth
year thereafter by the electorate of the city in which the
court is located. The auditor of the county concerned shall
designate by number each position to be filled in the municipal court, and each candidate at the time of the filing of his
declaration of candidacy shall designate by number so
assigned the position for which he is a candidate, and the
name of such candidate shall appear on the ballot only for
such position. The name of the person who receives the
greatest number of votes and of the person who receives the
next greatest number of votes at the primary for a single
nonpartisan position shall appear on the general election
ballot under the designation therefor. Elections for municipal judge shall be nonpartisan. They shall hold office for a
term of four years and until their successors are elected and
qualified. The term of office shall start on the second
Monday in January following such election. Any vacancy in
the municipal court due to a death, disability or resignation
of a municipal court judge shall be filled by the mayor, to
serve out the unexpired term. Such appointment shall be
subject to confirmation by the legislative body of the city.
[1975-’76 2nd ex.s. c 120 § 7; 1965 c 7 § 35.20.150. Prior:
1961 c 213 § 1; 1955 c 290 § 15.]
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
Times for holding elections: Chapter 29.13 RCW.
35.20.155 Municipal court commissioners—
Appointment, powers. When so authorized by the city
legislative authority, the judges of the city may appoint one
or more municipal court commissioners. A commissioner
must be a registered voter of the city, and shall hold office
at the pleasure of the appointing judges. A person appointed
as a commissioner authorized to hear or dispose of cases
must be a lawyer who is admitted to the practice of law in
the state of Washington. A commissioner has such power,
authority, and jurisdiction in criminal and civil matters as the
appointing judges possess and may prescribe. [1996 c 16 §
3.]
35.20.160 Judges’ salaries. The total of the salaries
of each municipal judge under this chapter shall be fixed by
the legislative body of the city at not less than nine thousand
dollars per annum, to be paid in monthly or semimonthly
installments as for other officials of the city, and such total
salaries shall not be more than the salaries paid the superior
court judges in the county in which the court is located.
[1965 c 147 § 3; 1965 c 7 § 35.20.160. Prior: 1955 c 290
§ 16.]
Cities over four hundred thousand, district court judges’ salaries: RCW
3.58.010.
[Title 35 RCW—page 58]
35.20.170 Qualifications of judges—Practice of law
prohibited. No person shall be eligible to the office of
judge of the municipal court unless he shall have been
admitted to practice law before the courts of record of this
state and is an elector of the city in which he files for office.
No judge of said court during his term of office shall engage
either directly or indirectly in the practice of law. [1965 c
7 § 35.20.170. Prior: 1955 c 290 § 17.]
35.20.180 Judges’ oath of office, official bonds.
Every judge of such municipal court, before he enters upon
the duties of his office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm)
that I will support the Constitution of the United States and
the Constitution of the State of Washington, and that I will
faithfully discharge the duties of the office of judge of the
municipal court of the city of . . . . . . (naming such city)
according to the best of my ability; and I do further certify
that I do not advocate, nor am I a member of an organization that advocates, the overthrow of the government of the
United States by force or violence." The oath shall be filed
in the office of the county auditor. He shall also give such
bonds to the state and city for the faithful performance of his
duties as may be by law or ordinance directed. [1965 c 7 §
35.20.180. Prior: 1955 c 290 § 18.]
35.20.190 Additional judge. Whenever the number
of departments of the municipal court is increased, the
mayor of such city shall appoint a qualified person as
provided in RCW 35.20.170 to act as municipal judge until
the next general election. He shall be paid salaries in
accordance with the provisions of this chapter and provided
with the necessary court, office space and personnel as authorized herein. [1967 c 241 § 4; 1965 c 7 § 35.20.190.
Prior: 1955 c 290 § 19.]
Application—1967 c 241: See note following RCW 3.66.090.
Severability—1967 c 241: See RCW 3.74.932.
35.20.200 Judges pro tempore. The presiding
municipal court judge shall, from attorneys residing in the
city and qualified to hold the position of judge of the
municipal court as provided in RCW 35.20.170, appoint
judges pro tempore who shall act in the absence of the
regular judges of the court or in addition to the regular judges when the administration of justice and the accomplishment of the work of the court make it necessary. The
presiding municipal court judge may appoint, as judges pro
tempore, any full-time district court judges serving in the
county in which the city is situated. The term of office must
be specified in writing. While acting as judge of the court,
judges pro tempore shall have all of the powers of the regular judges. Before entering upon his or her duties, each
judge pro tempore shall take, subscribe and file an oath as
is taken by a municipal judge. Judges pro tempore shall not
practice before the municipal court during their term of
office as judge pro tempore. Such municipal judges pro
tempore shall receive such compensation as shall be fixed by
ordinance by the legislative body of the city and such
compensation shall be paid by the city except that district
court judges shall not be compensated by the city other than
pursuant to an interlocal agreement. [2000 c 55 § 2; 1996
(2002 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
c 16 § 2; 1990 c 182 § 1; 1972 ex.s. c 32 § 2; 1965 c 7 §
35.20.200. Prior: 1955 c 290 § 20.]
Judges pro tempore appointments: RCW 3.02.060.
35.20.205 Judicial officers—Hearing examiner. The
judges of the municipal court may employ judicial officers
to assist in the administration of justice and the accomplishment of the work of the court as said work may be assigned
to it by statute or ordinance. The duties and responsibilities
of such officers shall be judicial in nature and shall be fixed
by court rule as adopted by the municipal court judges or
fixed by ordinance of the city. The judicial officers may be
authorized to hear and determine cases involving the
commission of traffic infractions as provided in chapter
46.63 RCW. The *mayor may appoint the judicial officers
as judges pro tempore pursuant to RCW 35.20.200: PROVIDED, That the judicial officer need not be a resident of
the city.
To utilize the services of such judicial officers for the
purpose of hearing contested matters relating to the interest
of the city and its citizens and the operation of the various
departments of the city, the city may by ordinance create the
office of hearing examiner in the municipal court and assign
to it judicial duties and responsibilities. [1980 c 128 § 7;
1975 1st ex.s. c 214 § 1.]
*Reviser’s note: "Mayor" was replaced by "presiding municipal court
judge" as the appointing authority for judges pro tempore in RCW
35.20.200, by 2000 c 55 § 2.
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
35.20.210 Clerks of court. There shall be a chief
clerk of the municipal court appointed by the judges of the
municipal court subject to such civil service laws and rules
as may be provided in such city. After August 11, 1969,
those employees connected with the court under civil service
status shall be continued in such employment and such
classification. Before the chief clerk enters upon the duties
of the chief clerk’s office, the chief clerk shall take and subscribe an oath the same as required for officers of the city,
and shall execute a penal bond in such sum and with such
sureties as the legislative body of the city may direct and
subject to their approval, conditioned that the chief clerk will
faithfully account to and pay over to the treasurer of said
city all moneys coming into his or her hands as such clerk,
and that he or she will faithfully perform the duties of his or
her office to the best of his or her knowledge and ability.
Upon the recommendation of the judges of the municipal
court, the legislative body of the city may provide for the
appointment of such assistant clerks of the municipal court
as said legislative body deems necessary, with such compensation as said legislative body may deem reasonable and
such assistant clerks shall be subject to such civil service as
may be provided in such city: PROVIDED, That the judges
of the municipal court shall appoint such clerks as the board
of county commissioners may determine to handle cases
involving violations of state law, wherein the court has
concurrent jurisdiction with the district and superior court.
All clerks of the court shall have power to administer oaths,
swear and acknowledge signatures of those persons filing
complaints with the court, take testimony in any action, suit
or proceeding in the court relating to the city or county for
(2002 Ed.)
35.20.200
which they are appointed, and may certify any records and
documents of the court pertaining thereto. They shall give
bond for the faithful performance of their duties as required
by law. [1987 c 202 § 197; 1969 ex.s. c 147 § 4; 1965 c 7
§ 35.20.210. Prior: 1955 c 290 § 21.]
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.220 Powers and duties of chief clerk—
Remittance by city treasurer—Interest—Disposition. (1)
The chief clerk, under the supervision and direction of the
court administrator of the municipal court, shall have the
custody and care of the books, papers and records of said
court; he shall be present by himself or deputy during the
session of said court, and shall have the power to swear all
witnesses and jurors, and administer oaths and affidavits, and
take acknowledgments. He shall keep the records of said
court, and shall issue all process under his hand and the seal
of said court, and shall do and perform all things and have
the same powers pertaining to his office as the clerks of the
superior courts have in their office. He shall receive all
fines, penalties and fees of every kind, and keep a full,
accurate and detailed account of the same; and shall on each
day pay into the city treasury all money received for said
city during the day previous, with a detailed account of the
same, and taking the treasurer’s receipt therefor.
(2) The city treasurer shall remit monthly thirty-two
percent of the noninterest money received under this section,
other than for parking infractions and certain costs to the
state treasurer. "Certain costs" as used in this subsection,
means those costs awarded to prevailing parties in civil
actions under RCW 4.84.010 or 36.18.040, or those costs
awarded against convicted defendants in criminal actions
under RCW 10.01.160, 10.46.190, or 36.18.040, or other
similar statutes if such costs are specifically designated as
costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or
town in the prosecution of the case, including the fees of
defense counsel. Money remitted under this subsection to
the state treasurer shall be deposited as provided in RCW
43.08.250.
(3) The balance of the noninterest money received under
this section shall be retained by the city and deposited as
provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may
accrue interest at the rate of twelve percent per annum, upon
assignment to a collection agency. Interest may accrue only
while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent
to the state treasurer for deposit in the public safety and
education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial
information system account as provided in RCW 2.68.020,
twenty-five percent to the city general fund, and twenty-five
percent to the city general fund to fund local courts. [1995
c 291 § 4; 1988 c 169 § 6; 1985 c 389 § 8; 1984 c 258 §
319; 1969 ex.s. c 147 § 5; 1965 c 7 § 35.20.220. Prior:
1955 c 290 § 22.]
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
[Title 35 RCW—page 59]
35.20.220
Title 35 RCW: Cities and Towns
Intent—1984 c 258: See note following RCW 3.46.120.
35.20.230 Director of probation services—Probation
officers—Bailiffs. The judges of the municipal court shall
appoint a director of probation services who shall, under the
direction and supervision of the court administrator of the
municipal court, supervise the probation officers of the
municipal court. The judges of the municipal court shall
also appoint a bailiff for the court, together with such
number of probation officers and additional bailiffs as may
be authorized by the legislative body of the city. The
director of probation services, probation officers, and bailiff
or bailiffs shall be paid by the city treasurer in such amount
as is deemed reasonable by the legislative body of the city:
PROVIDED, That such additional probation officers and
bailiffs of the court as may be authorized by the county
commissioners shall be paid from the county treasury. [1998
c 238 § 1; 1969 ex.s. c 147 § 6; 1965 c 7 § 35.20.230.
Prior: 1955 c 290 § 23.]
35.20.240 First judges—Transfer of equipment.
Upon the effective date of this chapter (June 8, 1955), any
justice of the peace who was the duly appointed and acting
police justice of the city shall become a judge of the
municipal court upon his filing his oath of office and bond
as required by this chapter, and shall serve as a judge of said
municipal court until the regularly elected judges of the court
shall qualify following their election in 1958, or thereafter as
provided in RCW 35.20.150. Such judge shall be paid
salaries in accordance with this chapter while so serving.
Such salaries from the city and county shall be in lieu of
those now (June 8, 1955) being paid to the justice of the
peace acting as police justice of the city court: PROVIDED,
That upon the justices of the peace qualifying as municipal
judges under this chapter, the number of justices of the
peace for such city shall be reduced accordingly as provided
in RCW 35.20.190. Should any justice of the peace acting
as police judge fail to qualify as a judge of the municipal
court, the mayor of such city shall designate one of the other
justices of the peace of that city to act as municipal judge
until the next general election in November, 1958, and the
qualifying of the regularly elected judge. All furniture and
equipment belonging to the city and county in which the
court is situated, now under the care and custody of the
justice of the peace and municipal judge, shall be transferred
to the municipal court for use in the operation and maintenance of such court. [1965 c 7 § 35.20.240. Prior: 1955 c
290 § 24.]
Reviser’s note: Justices of the peace and courts to be construed to
mean district judges and courts. See RCW 3.30.015.
35.20.250 Concurrent jurisdiction with superior
court and district court. The municipal court shall have
concurrent jurisdiction with the superior court and district
court in all civil and criminal matters as now provided by
law for district judges, and a judge thereof may sit in
preliminary hearings as magistrate. Fines, penalties, and
forfeitures before the court under the provisions of this
section shall be paid to the county treasurer as provided for
district court and commitments shall be to the county jail.
Appeals from judgment or order of the court in such cases
[Title 35 RCW—page 60]
shall be governed by the law pertaining to appeals from
judgments or orders of district judges operating under
chapter 3.30 RCW. [1987 c 202 § 198; 1979 ex.s. c 136 §
25; 1969 ex.s. c 147 § 7; 1965 c 7 § 35.20.250. Prior:
1955 c 290 § 25.]
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
35.20.255 Deferral or suspension of sentences—
Probation—Maximum term. Judges of the municipal
court, in their discretion, shall have the power in all criminal
proceedings within their jurisdiction including violations of
city ordinances, to defer imposition of any sentence, suspend
all or part of any sentence including installment payment of
fines, fix the terms of any such deferral or suspension, and
provide for such probation as in their opinion is reasonable
and necessary under the circumstances of the case, but in no
case shall it extend for more than five years from the date of
conviction for a defendant to be sentenced under RCW
46.61.5055 and two years from the date of conviction for all
other offenses. A defendant who has been sentenced, or
whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant’s compliance
with the terms of probation when ordered to do so by the
court, shall have the term of probation tolled until such time
as the defendant makes his or her presence known to the
court on the record. However, the jurisdiction period in this
section does not apply to the enforcement of orders issued
under RCW 46.20.720. Any time before entering an order
terminating probation, the court may modify or revoke its
order suspending or deferring the imposition or execution of
the sentence. [2001 c 94 § 3; 1999 c 56 § 3; 1983 c 156 §
8; 1969 ex.s. c 147 § 9.]
35.20.260 Subpoenas—Witness fees. The court shall
have authority to subpoena witnesses as now authorized in
superior courts throughout the state. Such witnesses shall be
paid according to law with mileage as authorized for
witnesses to such cases. [1965 c 7 § 35.20.260. Prior:
1955 c 290 § 26.]
35.20.270 Warrant officer—Position created—
Authority—Service of criminal and civil process—
Jurisdiction—Costs. (1) The position of warrant officer is
hereby created and shall be maintained by the city within the
city police department. The number and qualifications of
warrant officers shall be fixed by ordinance, and their
compensation shall be paid by the city.
(2) Warrant officers shall be vested only with the
special authority to make arrests authorized by warrants and
other arrests as are authorized by ordinance.
(3) All criminal and civil process issuing out of courts
created under this title shall be directed to the chief of police
of the city served by the court and/or to the sheriff of the
county in which the court is held and/or the warrant officers
and be by them executed according to law in any county of
this state.
(4) No process of courts created under this title shall be
executed outside the corporate limits of the city served by
the court unless the person authorized by the process first
(2002 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
contacts the applicable law enforcement agency in whose
jurisdiction the process is to be served.
(5) Upon a defendant being arrested in another city or
county the cost of arresting or serving process thereon shall
be borne by the court issuing the process including the cost
of returning the defendant from any county of the state to
the city.
(6) Warrant officers shall not be entitled to death,
disability, or retirement benefits pursuant to chapter 41.26
RCW on the basis of service as a warrant officer as described in this section. [1992 c 99 § 1; 1977 ex.s. c 108 §
1.]
35.20.910 Construction of other laws. All acts or
parts of acts which are inconsistent or conflicting with the
provisions of this chapter, are hereby repealed or modified
accordingly. No provision of this chapter shall be construed
as repealing or anywise limiting or affecting the jurisdiction
of district judges under the general laws of this state. [1987
c 202 § 199; 1965 c 7 § 35.20.910. Prior: 1955 c 290 §
28.]
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.921 Severability—1969 ex.s. c 147. If any
provision of this 1969 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1969 ex.s. c 147 § 11.]
35.21.163
35.21.165
35.21.175
35.21.180
35.21.185
35.21.190
35.21.200
35.21.203
35.21.205
35.21.207
35.21.209
35.21.210
35.21.215
35.21.217
35.21.220
35.21.225
35.21.228
35.21.230
35.21.240
35.21.250
35.21.260
35.21.270
35.21.275
35.21.278
35.21.280
35.21.290
35.21.300
35.21.305
35.21.310
Chapter 35.21
MISCELLANEOUS PROVISIONS
Sections
35.21.005
35.21.010
35.21.015
35.21.020
35.21.030
35.21.070
35.21.080
35.21.085
35.21.086
35.21.087
35.21.088
35.21.090
35.21.100
35.21.110
35.21.120
35.21.130
35.21.135
35.21.140
35.21.150
35.21.152
35.21.154
35.21.156
35.21.157
35.21.158
35.21.160
(2002 Ed.)
Sufficiency of petitions.
General corporate powers—Towns, restrictions as to area.
Salary commissions.
Auditoriums, art museums, swimming pools, etc.—Power to
acquire.
Auxiliary water systems for protection from fire.
Cumulative reserve fund—Authority to create.
Cumulative reserve fund—Annual levy for—Application of
budget law.
Payrolls fund—Claims fund.
Payrolls fund—Transfers from insolvent funds.
Employee checks, drafts, warrants—City, town may cash.
Equipment rental fund.
Dikes, levees, embankments—Authority to construct.
Donations—Authority to accept and use.
Ferries—Authority to acquire and maintain.
Solid waste handling system—Contracts.
Solid waste or recyclable materials collection—Ordinance.
Solid waste or recyclable materials collection—Curbside
recycling—Reduced rate.
Garbage—Notice of lien—Foreclosure.
Garbage—Lien—Priority.
Solid waste handling—Agreements—Purposes—Terms and
conditions.
Solid waste—Compliance with chapter 70.95 RCW required.
Solid waste—Contracts with vendors for solid waste handling systems, plants, sites, or facilities—
Requirements—Vendor selection procedures.
Solid waste collection—Rate increase notice.
Collection and transportation of recyclable materials by
recycling companies or nonprofit entities—Reuse or
reclamation—Application of chapter.
Jurisdiction over adjacent waters.
35.21.315
35.21.320
35.21.333
35.21.334
35.21.335
35.21.340
35.21.350
35.21.360
35.21.370
35.21.380
35.21.385
35.21.390
35.21.395
35.21.400
35.21.403
35.21.404
35.21.405
35.21.407
35.21.410
35.21.412
35.21.415
35.21.417
35.21.418
35.21.420
35.20.270
Penalty for act constituting a crime under state law—
Limitation.
Driving while under the influence of liquor or drug—
Minimum penalties.
Offices to be open certain days and hours.
Ordinances—Adoption of codes by reference.
Ordinances—Information pooling.
Parkways, park drives and boulevards.
Residence qualifications of appointive officials and employees.
Recall sufficiency hearing—Payment of defense expenses.
Liability insurance for officials and employees.
Liability insurance for officers and employees authorized.
Insurance and workers’ compensation for offenders performing community restitution.
Sewerage, drainage and water supply.
Powers relative to systems of sewerage.
Utility services—Deposit—Tenants’ delinquencies—Lien.
Sidewalks—Regulation of use of.
Transportation benefit districts.
Rail fixed guideway system—Safety and security program
plan.
Streets over tidelands declared public highways.
Streets over tidelands—Control of.
Streets and alleys over first class tidelands—Control of.
Streets—Annual report to secretary of transportation.
Streets—Records of funds received and used for construction, repair, maintenance.
Street improvements—Provision of supplies or materials.
Contracts with community service organizations for public
improvements—Limitations.
Tax on admissions—Exceptions.
Utility services—Lien for.
Utility services—Enforcement of lien—Limitations on termination of service for residential heating.
Utility connection charges—Waiver for low-income persons.
Removal of overhanging or obstructing vegetation—
Removal, destroying debris.
Amateur radio antennas—Local regulation to conform with
federal law.
Warrants—Interest rate—Payment.
Chief of police or marshal—Eligibility requirements.
Chief of police or marshal—Background investigation.
Chief of police or marshal—Vacancy.
Cemeteries and funeral facilities.
Civil service in police and fire departments.
Eminent domain by cities and towns.
Joint county and city hospitals.
Joint county and city buildings.
Counties with a population of two hundred ten thousand or
more may contract with cities concerning buildings and
related improvements.
Public employment, civil service and pensions.
Historic preservation—Authorization to acquire property,
borrow money, issue bonds, etc.
City may acquire property for parks, recreational, viewpoint,
greenbelt, conservation, historic, scenic, or view purposes.
City may establish lake management districts.
Fish enhancement project—City’s or town’s liability.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
Abandoned or derelict vessels.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
Electrical utilities—Civil immunity of officials and employees for good faith mistakes and errors of judgment.
Hydroelectric reservoir extending across international boundary—Agreement with Province of British Columbia.
Hydroelectric reservoir extending across international boundary—Commission—Powers.
Utilities—City may support county in which generating
plant located.
[Title 35 RCW—page 61]
Chapter 35.21
35.21.422
35.21.425
35.21.426
35.21.427
35.21.430
35.21.440
35.21.450
35.21.455
35.21.470
35.21.475
35.21.500
35.21.510
35.21.520
35.21.530
35.21.540
35.21.550
35.21.560
35.21.570
35.21.590
35.21.630
35.21.635
35.21.640
35.21.650
35.21.660
35.21.670
35.21.680
35.21.685
35.21.687
35.21.690
35.21.692
35.21.695
35.21.696
35.21.700
35.21.703
35.21.706
35.21.710
35.21.711
35.21.712
35.21.714
35.21.715
35.21.717
35.21.718
35.21.720
Title 35 RCW: Cities and Towns
Utilities—Cities in a county with a population of two hundred ten thousand or more west of Cascades may support cities, towns, counties and taxing districts in which
facilities located.
City constructing generating facility in other county—
Reimbursement of county or school district.
City constructing generating facility in other county—Notice
of loss—Negotiations—Arbitration.
City constructing generating facility in other county—
Additional findings—Renegotiation.
Utilities—City may pay taxing districts involved after acquisition of private power facilities.
Utilities—Additional payments to school districts having
bonded indebtedness.
Utilities—Payment of taxes.
Locally regulated utilities—Attachments to poles.
Building construction projects—City or town prohibited
from requiring state agencies or local governments to
provide bond or other security as a condition for issuance of permit.
Statement of restrictions applicable to real property.
Compilation, codification, revision of city or town ordinances—Scope of codification.
Compilation, codification, revision of city or town ordinances—Authorized.
Compilation, codification, revision of city or town ordinances—Adoption as official code of city.
Compilation, codification, revision of city or town ordinances—Filing—Notice of hearing.
Compilation, codification, revision of city or town ordinances—Legislative body may amend, adopt, or reject adopting ordinance—When official code.
Compilation, codification, revision of city or town ordinances—Copies as proof of ordinances.
Compilation, codification, revision of city or town ordinances—Adoption of new material.
Compilation, codification, revision of city or town ordinances—Codification satisfies single subject, title, and
amendment requirements of statute or charter.
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Youth agencies—Establishment authorized.
Juvenile curfews.
Conferences to study regional and governmental problems,
counties and cities may establish.
Prepayment of taxes or assessments authorized.
Demonstration Cities and Metropolitan Development Act—
Agreements with federal government—Scope of authority.
Demonstration Cities and Metropolitan Development Act—
Powers and limitations of public corporations, commissions or authorities created.
Participation in Economic Opportunity Act programs.
Low-income housing—Loans and grants.
Affordable housing—Inventory of suitable housing.
Authority to regulate auctioneers—Limitations.
Authority to regulate massage practitioners—Limitations.
Authority to own and operate professional sports franchise.
Newspaper carrier regulation.
Tourist promotion.
Economic development programs.
Imposition or increase of business and occupation tax—
Referendum procedure required—Exclusive procedure.
License fees or taxes on certain business activities—Uniform
rate required—Maximum rate established.
License fees or taxes on certain business activities—Excess
rates authorized by voters.
License fees or taxes on telephone business to be at uniform
rate.
License fees or taxes on telephone business—Imposition on
certain gross revenues authorized—Limitations.
Taxes on network telephone services.
Taxation of internet services—Moratorium.
State route No. 16—Tax on operation prohibited.
City contracts to obtain sheriff’s office law enforcement
services.
[Title 35 RCW—page 62]
35.21.730
35.21.735
35.21.740
35.21.745
35.21.747
35.21.750
35.21.755
35.21.756
35.21.757
35.21.759
35.21.760
35.21.762
35.21.765
35.21.766
35.21.768
35.21.769
35.21.770
35.21.775
35.21.778
35.21.779
35.21.780
35.21.790
35.21.800
35.21.805
35.21.810
35.21.815
35.21.820
35.21.830
35.21.840
35.21.845
35.21.850
35.21.860
35.21.865
35.21.870
35.21.871
35.21.873
35.21.875
35.21.880
35.21.890
Public corporations—Powers of cities, towns, and counties—Administration.
Public corporations—Declaration of public purpose—Power
and authority to enter into agreements, receive and
expend funds—Security.
Public corporations—Exercise of powers, authorities, or
rights—Territorial jurisdiction.
Public corporations—Provision for, control over—Powers.
Public corporations—Real property transferred by city, town,
or county—Restrictions, notice, public meeting.
Public corporations—Insolvency or dissolution.
Public corporations—Exemption or immunity from taxation—In lieu excise tax.
Tax exemption—Sales/leasebacks by regional transit authorities.
Public corporations—Statutes to be construed consistent
with state Constitution.
Public corporations, commissions, and authorities—
Applicability of general laws.
Legal interns—Employment authorized.
Urban emergency medical service districts—Creation authorized in city or town with territory in two counties.
Fire protection, ambulance or other emergency services
provided by municipal corporation within county—
Financial and other assistance by county authorized.
Ambulance services—Establishment authorized.
Ambulance services—Excise taxes authorized—Use of proceeds.
Levy for emergency medical care and services.
Members of legislative bodies authorized to serve as volunteer fire fighters, volunteer ambulance personnel, or
reserve law enforcement officers.
Provision of fire protection services to state-owned facilities.
Existing contracts for fire protection services and equipment
not abrogated.
Fire protection services for state-owned facilities—Contracts
with the department of community, trade, and economic
development—Consolidation of negotiations with multiple state agencies—Arbitration.
Laws, rules and regulations applicable to cities 500,000 or
over deemed applicable to cities 400,000 or over.
Revision of corporate boundary within street, road, or highway right of way by substituting right of way line—Not
subject to review.
Foreign trade zones—Legislative finding, intent.
Foreign trade zones—Authority to apply for permission to
establish, operate and maintain.
Hydroplane races—Providing for restrooms and other services in public parks for spectators—Admission fees—
Authorized.
Hydroplane races—Levying of admission charges declared
public park purpose—Reversion prohibited.
Acquisition and disposal of vehicles for commuter ride sharing by city employees.
Controls on rent for residential structures—Prohibited—
Exceptions.
Taxation of motor carriers of freight for hire—Allocation of
gross receipts.
Taxation of motor carriers of freight for hire—Tax allocation formula.
Taxation of motor carriers of freight for hire—Limitation—
Exceptions.
Electricity, telephone, or natural gas business, service provider—Franchise fees prohibited—Exceptions.
Electricity, telephone, or natural gas business—Limitations
on tax rate changes.
Electricity, telephone, natural gas, or steam energy business—Tax limited to six percent—Exception.
Tax on telephone business—Deferral of rate reduction.
Procedure to correct erroneous mobile telecommunications
service tax.
Designation of official newspaper.
Right of way donations—Credit against required improvements.
Boundary changes—Providing factual information—Notice
to boundary review board.
(2002 Ed.)
Miscellaneous Provisions
35.21.895
Regulation of automatic number or location identification—
Prohibited.
35.21.897 Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
Accident claims against: RCW 35.31.020.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by cities or towns: RCW 64.04.130.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Cemeteries, public acquisition and maintenance: Chapter 68.52 RCW.
Diking and drainage districts: Chapters 85.05, 86.09 RCW.
Disturbances at state penal facilities: Chapter 72.02 RCW.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Eminent domain by cities: Chapter 8.12 RCW.
Fire protection districts: Title 52 RCW.
Flood control maintenance, state participation in: Chapter 86.26 RCW.
Hospitals, joint operation with counties: RCW 36.62.030, 36.62.110.
Industrial development revenue bonds: Chapter 39.84 RCW.
Intergovernmental disposition of property: Chapter 39.33 RCW.
Irrigation districts: Chapter 87.03 RCW.
Joint governmental activities: Chapter 36.64 RCW.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Legal publications: Chapter 65.16 RCW.
Liquor
revolving fund, distribution from: RCW 66.08.190, 66.08.210.
sales of subject to local option: Chapter 66.40 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Local law enforcement agencies, reports by regarding missing children:
RCW 13.60.020.
Lost and found property: Chapter 63.21 RCW.
Meetings, minutes of governmental bodies, open to public inspection:
Chapter 42.30 RCW.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Peddlers’ and hawkers’ licenses: Chapter 36.71 RCW, RCW 73.04.050,
73.04.060.
Port districts: Title 53 RCW.
Public records, destruction of: Chapter 40.14 RCW.
Public utility districts: Title 54 RCW.
Residence qualifications of civil service employees—Residency not grounds
for discharge: RCW 52.30.050.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Soil and water conservation districts: Chapter 89.08 RCW.
Transfer of real property or contract for use for park and recreational
purposes: RCW 39.33.060.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Water-sewer districts: Title 57 RCW.
Weeds, duty to destroy, extermination areas: RCW 17.04.160.
35.21.005 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the
circulators, signers or sponsors to be presented and considered as one petition and containing the following essential
elements when applicable, except that the elements referred
to in (d) and (e) of this subsection are essential for petitions
(2002 Ed.)
Chapter 35.21
referring or initiating legislative matters to the voters, but are
directory as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an
accurate legal description of the area proposed for such
action and if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2)
of this section.
(2) Petitions shall be printed or typed on single sheets
of white paper of good quality and each sheet of petition
paper having a space thereon for signatures shall contain the
text or prayer of the petition and the following warning:
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein
any false statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible
pencil and shall be followed by the name and address of the
signer and the date of signing.
(3) The term "signer" means any person who signs his
or her own name to the petition.
(4) To be sufficient a petition must contain valid
signatures of qualified registered voters or property owners,
as the case may be, in the number required by the applicable
statute or ordinance. Within three working days after the
filing of a petition, the officer with whom the petition is
filed shall transmit the petition to the county auditor for
petitions signed by registered voters, or to the county
assessor for petitions signed by property owners for determination of sufficiency. The officer whose duty it is to
determine the sufficiency of the petition shall proceed to
make such a determination with reasonable promptness and
shall file with the officer receiving the petition for filing a
certificate stating the date upon which such determination
was begun, which date shall be referred to as the terminal
date. Additional pages of one or more signatures may be
added to the petition by filing the same with the appropriate
filing officer prior to such terminal date. Any signer of a
filed petition may withdraw his or her signature by a written
request for withdrawal filed with the receiving officer prior
to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the
person and the petition certain. The name of any person
seeking to withdraw shall be signed exactly the same as
contained on the petition and, after the filing of such request
for withdrawal, prior to the terminal date, the signature of
[Title 35 RCW—page 63]
35.21.005
Title 35 RCW: Cities and Towns
any person seeking such withdrawal shall be deemed
withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their
invalidity has been proved.
(6) A variation on petitions between the signatures on
the petition and that on the voter’s permanent registration
caused by the substitution of initials instead of the first or
middle names, or both, shall not invalidate the signature on
the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the
petition shall be stricken.
(9) When petitions are required to be signed by the
owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the
petition is required, the following shall apply:
(a) The signature of a record owner, as determined by
the records of the county auditor, shall be sufficient without
the signature of his or her spouse;
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the
signature of the contract purchaser, as shown by the records
of the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation
showing such authority;
(e) When property stands in the name of a deceased
person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian,
as the case may be, shall be equivalent to the signature of
the owner of the property.
(10) The officer who is responsible for determining the
sufficiency of the petition shall do so in writing and transmit
the written certificate to the officer with whom the petition
was originally filed. [1996 c 286 § 6.]
35.21.010 General corporate powers—Towns,
restrictions as to area. (1) Municipal corporations now or
hereafter organized are bodies politic and corporate under the
name of the city of . . . . . ., or the town of . . . . . ., as the
case may be, and as such may sue and be sued, contract or
be contracted with, acquire, hold, possess and dispose of
property, subject to the restrictions contained in other chapters of this title, having a common seal, and change or alter
the same at pleasure, and exercise such other powers, and
have such other privileges as are conferred by this title.
However, not more than two square miles in area shall be
included within the corporate limits of a town having a
population of fifteen hundred or less, or located in a county
with a population of one million or more, and not more than
three square miles in area shall be included within the corporate limits of a town having a population of more than
[Title 35 RCW—page 64]
fifteen hundred in a county with a population of less than
one million, nor shall more than twenty acres of unplatted
land belonging to any one person be taken within the corporate limits of a town without the consent of the owner of
such unplatted land.
(2) Notwithstanding subsections (1) and (3) of this
section, a town located in three or more counties is excluded
from a limitation in square mileage.
(3) Except as provided in subsection (2) of this section,
the original incorporation of a town shall be limited to an
area of not more than one square mile and a population as
prescribed in RCW 35.01.040. [1995 c 196 § 5; 1991 c 363
§ 37; 1965 c 138 § 1; 1965 c 7 § 35.21.010. Prior: 1963 c
119 § 1; 1890 p 141 § 15, part; RRS § 8935.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Validation of certain incorporations and annexations—Municipal
corporations of the fourth class—1961 ex.s. c 16: "Any incorporation of
a municipal corporation of the fourth class and any annexation of territory
to a municipal corporation of the fourth class prior to March 31, 1961,
which is otherwise valid except for compliance with the limitation to the
area of one square mile as prescribed by section 15, page 141, Laws of
1889-90, is hereby validated and declared to be a valid incorporation or
annexation in all respects." [1961 ex.s. c 16 § 1.]
35.21.015 Salary commissions. (1) Salaries for
elected officials of towns and cities may be set by salary
commissions established in accordance with city charter or
by ordinance and in conformity with this section.
(2) The members of such commissions shall be appointed in accordance with the provisions of a city charter, or as
specified in this subsection:
(a) Shall be appointed by the mayor with approval of
the city council;
(b) May not be appointed to more than two terms;
(c) May only be removed during their terms of office
for cause of incapacity, incompetence, neglect of duty, or
malfeasance in office or for a disqualifying change of
residence; and
(d) May not include any officer, official, or employee of
the city or town or any of their immediate family members.
"Immediate family member" as used in this subsection
means the parents, spouse, siblings, children, or dependent
relatives of the officer, official, or employee, whether or not
living in the household of the officer, official, or employee.
(3) Any change in salary shall be filed by the commission with the city clerk and shall become effective and
incorporated into the city or town budget without further
action of the city council or salary commission.
(4) Salary increases established by the commission shall
be effective as to all city or town elected officials, regardless
of their terms of office.
(5) Salary decreases established by the commission shall
become effective as to incumbent city or town elected
officials at the commencement of their next subsequent terms
of office.
(6) Salary increases and decreases shall be subject to
referendum petition by the people of the town or city in the
same manner as a city ordinance upon filing of such petition
with the city clerk within thirty days after filing of the salary
schedule. In the event of the filing of a valid referendum
petition, the salary increase or decrease shall not go into
effect until approved by vote of the people.
(2002 Ed.)
Miscellaneous Provisions
(7) Referendum measures under this section shall be
submitted to the voters of the city or town at the next
following general or municipal election occurring thirty days
or more after the petition is filed, and shall be otherwise
governed by the provisions of the state Constitution, or city
charter, or laws generally applicable to referendum measures.
(8) The action fixing the salary by a commission
established in conformity with this section shall supersede
any other provision of state statute or city or town ordinance
related to municipal budgets or to the fixing of salaries.
(9) Salaries for mayors and councilmembers established
under an ordinance or charter provision in existence on July
22, 2001, that substantially complies with this section shall
remain in effect unless and until changed in accordance with
such charter provision or ordinance. [2001 c 73 § 4.]
Findings—Intent—2001 c 73: "The legislature hereby finds and
declares that:
(1) Article XXX, section 1 of the state Constitution permits midterm
salary increases for municipal officers who do not fix their own compensation;
(2) The Washington citizens’ commission on salaries for elected
officials established pursuant to Article XXVIII, section 1 of the state
Constitution with voter approval has assured that the compensation for state
and county elected officials will be fair and certain, while minimizing the
dangers of midterm salary increases being used to influence those officers
in the performance of their duties;
(3) The same public benefits of independent salary commissions
should be extended to the setting of compensation of municipal elected
officers; and
(4) This act is intended to clarify the intent of the legislature that
existing state law authorizes:
(a) The establishment of independent salary commissions to set the
salaries of city or town elected officials, county commissioners, and county
councilmembers; and
(b) The authority of the voters of such cities, towns, and counties to
review commission decisions to increase or decrease such salaries by means
of referendum." [2001 c 73 § 1.]
Severability—2001 c 73: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 73 § 6.]
35.21.020 Auditoriums, art museums, swimming
pools, etc.—Power to acquire. Any city or town in this
state acting through its council or other legislative body, and
any separately organized park district acting through its
board of park commissioners or other governing officers,
shall have power to acquire by donation, purchase or
condemnation, and to construct and maintain public auditoriums, art museums, swimming pools, and athletic and
recreational fields, including golf courses, buildings and
facilities within or without its parks, and to use or let the
same for such public and private purposes for such compensation and rental and upon such conditions as its council or
other legislative body or board of park commissioners shall
from time to time prescribe. [1965 c 7 § 35.21.020. Prior:
1947 c 28 § 1; 1937 c 98 § 1; Rem. Supp. 1947 § 8981-4.]
Acquisition of property for parks, recreational, viewpoint, greenbelt,
conservation, historic, scenic or view purposes: RCW 36.34.340.
35.21.030 Auxiliary water systems for protection
from fire. Any city or town shall have power to provide for
the protection of such city or town, or any part thereof, from
fire, and to establish, construct and maintain an auxiliary
water system, or systems, or extensions thereof, or additions
thereto, and the structures and works necessary therefor or
(2002 Ed.)
35.21.015
forming a part thereof, including the acquisition or damaging
of lands, rights-of-way, rights, property, water rights, and the
necessary sources of supply of water for such purposes,
within or without the corporate limits of such city or town,
and to manage, regulate and control the same. [1965 c 7 §
35.21.030. Prior: 1911 c 98 § 5; RRS § 9356.]
35.21.070 Cumulative reserve fund—Authority to
create. Any city or town may establish by ordinance a
cumulative reserve fund in general terms for several different
municipal purposes as well as for a very specific municipal
purpose, including that of buying any specified supplies,
material or equipment, or the construction, alteration or
repair of any public building or work, or the making of any
public improvement, or for creation of a revenue stabilization fund for future operations. The ordinance shall designate the fund as "cumulative reserve fund for . . . . . . . . .
(naming purpose or purposes for which fund is to be
accumulated and expended)." The moneys in the fund may
be allowed to accumulate from year to year until the
legislative authority of the city or town shall determine to
expend the moneys in the fund for the purpose or purposes
specified: PROVIDED, That any moneys in the fund shall
never be expended for any other purpose or purposes than
those specified, without an approving vote by a two-thirds
majority of the members of the legislative authority of the
city or town. [1983 c 173 § 1; 1965 c 7 § 35.21.070. Prior:
1953 c 38 § 1; 1941 c 60 § 1; Rem. Supp. 1941 § 9213-5.]
35.21.080 Cumulative reserve fund—Annual levy
for—Application of budget law. An item for said cumulative reserve fund may be included in the city or town’s
annual budget or estimate of amounts required to meet
public expense for the ensuing year and a tax levy made
within the limits and as authorized by law for said item; and
said item and levy may be repeated from year to year until,
in the judgment of the legislative body of the city or town,
the amount required for the specified purpose or purposes
has been raised or accumulated. Any moneys in said fund
at the end of the fiscal year shall not lapse nor shall the
same be a surplus available or which may be used for any
other purpose or purposes than those specified, except as
herein provided. [1965 c 7 § 35.21.080. Prior: 1953 c 38
§ 2; 1941 c 60 § 2; Rem. Supp. 1941 § 9213-6.]
35.21.085 Payrolls fund—Claims fund. The legislative authority of any city or town is authorized to create the
following special funds:
(1) Payrolls—into which moneys may be placed from
time to time as directed by the legislative authority from any
funds available and upon which warrants may be drawn and
cashed for the purpose of paying any moneys due city
employees for salaries and wages. The accounts of the city
or town shall be so kept that they shall show the department
or departments and amounts to which the payment is
properly chargeable.
(2) Claims—into which may be paid moneys from time
to time from any funds which are available and upon which
warrants may be issued and paid in payment of claims
against the city or town for any purpose. The accounts of
the city or town shall be so kept that they shall show the
[Title 35 RCW—page 65]
35.21.085
Title 35 RCW: Cities and Towns
department or departments and the respective amounts for
which the warrant is issued and paid. [1965 c 7 §
35.21.085. Prior: 1953 c 27 § 1.]
35.21.086 Payrolls fund—Transfers from insolvent
funds. Transfers from an insolvent fund to the payrolls fund
or claims fund shall be by warrant. [1965 c 7 § 35.21.086.
Prior: 1953 c 27 § 2.]
35.21.087 Employee checks, drafts, warrants—City,
town may cash. Any city or town is hereby authorized, at
its option and after the adoption of the appropriate ordinance,
to accept in exchange for cash a payroll check, draft, or
warrant; expense check, draft, or warrant; or personal check
from a city or town employee in accordance with the
following conditions:
(1) The check, warrant, or draft must be drawn to the
order of cash or bearer and be immediately payable by a
drawee financial institution;
(2) The person presenting the check, draft, or warrant to
the city or town must produce identification as outlined by
the city or town in the authorizing ordinance;
(3) The payroll check, draft, or warrant or expense
check, draft, or warrant must have been issued by the city or
town; and
(4) Personal checks cashed pursuant to this authorization
cannot exceed two hundred dollars.
In the event that any personal check cashed for a city or
town employee by the city or town under this section is
dishonored by the drawee financial institution when presented for payment, the city or town is authorized, after notice
to the drawer or endorser of the dishonor, to withhold from
the drawer’s or endorser’s next payroll check, draft, or
warrant the full amount of the dishonored check. [1991 c
185 § 1.]
35.21.088 Equipment rental fund. Any city or town
may create, by ordinance, an "equipment rental fund,"
hereinafter referred to as "the fund," in any department of
the city or town to be used as a revolving fund to be
expended for salaries, wages, and operations required for the
repair, replacement, purchase, and operation of equipment,
and for the purchase of equipment, materials, and supplies to
be used in the administration and operation of the fund.
The legislative authority of a city or town may transfer
any equipment, materials or supplies of any office or
department to the equipment rental fund either without
charge, or may grant a credit to such office or department
equivalent to the value of the equipment, materials or
supplies transferred. An office or department receiving such
a credit may use it any time thereafter for renting or purchasing equipment, materials, supplies or services from the
equipment rental fund.
Money may be placed in the fund from time to time by
the legislative authority of the city or town. Cities and
towns may purchase and sell equipment, materials and
supplies by use of such fund, subject to any laws governing
the purchase and sale of property. Such equipment, materials and supplies may be rented for the use of various offices
and departments of any city or town or may be rented by
any such city or town to governmental agencies. The
[Title 35 RCW—page 66]
proceeds received by any city or town from the sale or rental
of such property shall be placed in the fund, and the purchase price of any such property or rental payments made by
a city or town shall be made from moneys available in the
fund. The ordinance creating the fund shall designate the
official or body that is to administer the fund and the terms
and charges for the rental for the use of any such property
which has not been purchased for its own use out of its own
funds and may from time to time amend such ordinance.
There shall be paid monthly into the fund out of the
moneys available to the department using any equipment,
materials, and/or supplies, which have not been purchased by
that department for its own use and out of its own funds,
reasonable rental charges fixed by the legislative authority of
the city or town, and moneys in the fund shall be retained
there from year to year so long as the legislative authority of
the city or town desires to do so.
Every city having a population of more than eight
thousand, according to the last official census, shall establish
such an equipment rental fund in its street department or any
other department of city government. Such fund shall
acquire the equipment necessary to serve the needs of the
city street department. Such fund may, in addition, be
created to service any other departments of city government
or other governmental agencies as authorized hereinabove.
[1965 c 7 § 35.21.088. Prior: 1963 c 115 § 7; 1953 c 67 §
1.]
Census to be conducted in decennial periods: State Constitution Art. 2 §
3.
Determination of population: Chapter 43.62 RCW.
35.21.090 Dikes, levees, embankments—Authority
to construct. Any city or town shall have power to provide
for the protection of such city or town, or any part thereof,
from overflow, and to establish, construct and maintain
dikes, levees, embankments, or other structures and works,
or to open, deepen, straighten or otherwise enlarge natural
watercourses, waterways and other channels, including the
acquisition or damaging of lands, rights-of-way, rights and
property therefor, within or without the corporate limits of
such city or town, and to manage, regulate and control the
same. [1965 c 7 § 35.21.090. Prior: 1911 c 98 § 4; 1907
c 241 § 68; RRS § 9355.]
Eminent domain: Chapter 8.12 RCW.
35.21.100 Donations—Authority to accept and use.
Every city and town by ordinance may accept any money or
property donated, devised, or bequeathed to it and carry out
the terms of the donation, devise, or bequest, if within the
powers granted by law. If no terms or conditions are attached to the donation, devise, or bequest, the city or town
may expend or use it for any municipal purpose. [1965 c 7
§ 35.21.100. Prior: 1941 c 80 § 1; Rem. Supp. 1941 §
9213-8.]
35.21.110 Ferries—Authority to acquire and
maintain. Any incorporated city or town within the state is
authorized to construct, or condemn and purchase, or purchase, and to maintain a ferry across any unfordable stream
adjoining and within one mile of its limits, together with all
necessary grounds, roads, approaches and landings necessary
(2002 Ed.)
Miscellaneous Provisions
or appertaining thereto located within one mile of the limits
of such city or town, with full jurisdiction and authority to
manage, regulate and control the same beyond the limits of
the corporation and to operate the same free or for toll.
[1965 c 7 § 35.21.110. Prior: 1895 c 130 § 1; RRS §
5476.]
35.21.120 Solid waste handling system—Contracts.
A city or town may by ordinance provide for the establishment of a system or systems of solid waste handling for the
entire city or town or for portions thereof. A city or town
may provide for solid waste handling by or under the
direction of officials and employees of the city or town or
may award contracts for any service related to solid waste
handling including contracts entered into under RCW
35.21.152. Contracts for solid waste handling may provide
that a city or town provide for a minimum periodic fee or
other method of compensation in consideration of the
operational availability of a solid waste handling system,
plant, site, or other facility at a specified minimum level,
without regard to the ownership of the system, plant, site, or
other facility, or the amount of solid waste actually handled
during all or any part of the contract period. When a
minimum level of solid waste is specified in a contract for
solid waste handling, there shall be a specific allocation of
financial responsibility in the event the amount of solid
waste handled falls below the minimum level provided in the
contract.
As used in this chapter, the terms "solid waste" and
"solid waste handling" shall be as defined in RCW
70.95.030. [1989 c 399 § 1; 1986 c 282 § 18; 1965 c 7 §
35.21.120. Prior: 1943 c 270 § 1, part; Rem. Supp. 1943 §
9504-1, part.]
Severability—Legislative findings—Construction—Liberal
construction—Supplemental powers—1986 c 282: See notes following
RCW 35.21.156.
Contracts with vendors for solid waste handling: RCW 35.21.156.
35.21.130 Solid waste or recyclable materials
collection—Ordinance. A solid waste or recyclable
materials collection ordinance may:
(1) Require property owners and occupants of premises
to use the solid waste collection and disposal system or
recyclable materials collection and disposal system, and to
dispose of their solid waste and recyclable materials as
provided in the ordinance: PROVIDED, That a solid waste
or recycling ordinance shall not require any retail enterprise
engaged in the sale of consumer-packaged products to locate
or place a public recycling collection site or buy-back center
upon or within a certain distance of the retail establishment
as a condition of engaging in the sale of consumer-packaged
products; and
(2) Fix charges for solid waste collection and disposal,
recyclable materials collection and disposal, or both, and the
manner and time of payment therefor including therein a
provision that upon failure to pay the charges, the amount
thereof shall become a lien against the property for which
the solid waste or recyclable materials collection service is
rendered. The ordinance may also provide penalties for its
violation. [1989 c 431 § 51; 1965 c 7 § 35.21.130. Prior:
1943 c 270 § 1, part; Rem. Supp. 1943 § 9504-1, part.]
(2002 Ed.)
35.21.110
Severability—1989 c 431: See RCW 70.95.901.
35.21.135 Solid waste or recyclable materials
collection—Curbside recycling—Reduced rate. (1) Each
city or town providing by ordinance or resolution a reduced
solid waste collection rate to residents participating in a residential curbside recycling program implemented under RCW
70.95.090, may provide a similar reduced rate to residents
participating in any other recycling program, if such program
is approved by the jurisdiction. Nothing in this section shall
be interpreted to reduce the authority of a city to adopt ordinances under RCW 35.21.130(1).
(2) For the purposes of this section, "reduced rate"
means a residential solid waste collection rate incorporating
a rebate, refund, or discount. Reduced rate shall not include
residential solid waste collection rate based on the volume or
weight of solid waste set out for collection. [1991 c 319 §
404.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
35.21.140 Garbage—Notice of lien—Foreclosure.
A notice of the city’s or town’s lien for garbage collection
and disposal service specifying the charges, the period
covered by the charges and giving the legal description of
the premises sought to be charged, shall be filed with the
county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens
for labor and material. [1965 c 7 § 35.21.140. Prior: 1943
c 270 § 1, part; Rem. Supp. 1943 § 9504-1, part.]
35.21.150 Garbage—Lien—Priority. The garbage
collection and disposal service lien shall be prior to all liens
and encumbrances filed subsequent to the filing of the notice
of it with the county auditor, except the lien of general taxes
and local improvement assessments whether levied prior or
subsequent thereto. [1965 c 7 § 35.21.150. Prior: 1943 c
270 § 1, part; Rem. Supp. 1943 § 9504-1, part.]
35.21.152 Solid waste handling—Agreements—
Purposes—Terms and conditions. A city or town may
construct, lease, condemn, purchase, acquire, add to, alter,
and extend systems, plants, sites, or other facilities for solid
waste handling, and shall have full jurisdiction and authority
to manage, regulate, maintain, utilize, operate, control, and
establish the rates and charges for those solid waste handling
systems, plants, sites, or other facilities owned or operated
by the city or town. A city or town may enter into agreements with public or private parties to: (1) Construct, lease,
purchase, acquire, manage, maintain, utilize, or operate
publicly or privately owned or operated solid waste handling
systems, plants, sites, or other facilities; (2) establish rates
and charges for those systems, plants, sites, or other facilities; (3) designate particular publicly or privately owned or
operated systems, plants, sites, or other facilities as disposal
sites; and (4) sell the materials or products of those systems,
plants, or other facilities. Any agreement entered into shall
be for such term and under such conditions as may be
determined by the legislative authority of the city or town.
[1989 c 399 § 2; 1977 ex.s. c 164 § 1; 1975 1st ex.s. c 208
§ 1.]
[Title 35 RCW—page 67]
35.21.154
Title 35 RCW: Cities and Towns
35.21.154 Solid waste—Compliance with chapter
70.95 RCW required. Nothing in RCW 35.21.152 will
relieve a city or town of its obligations to comply with the
requirements of chapter 70.95 RCW. [1989 c 399 § 3; 1975
1st ex.s. c 208 § 3.]
35.21.156 Solid waste—Contracts with vendors for
solid waste handling systems, plants, sites, or facilities—
Requirements—Vendor selection procedures. (1) Notwithstanding the provisions of any city charter, or any law
to the contrary, and in addition to any other authority
provided by law, the legislative authority of a city or town
may contract with one or more vendors for one or more of
the design, construction, or operation of, or other service
related to, the systems, plants, sites, or other facilities for
solid waste handling in accordance with the procedures set
forth in this section. Solid waste handling systems, plants,
sites, or other facilities constructed, purchased, acquired,
leased, added to, altered, extended, maintained, managed,
utilized, or operated pursuant to this section, RCW 35.21.120
and 35.21.152, whether publicly or privately owned, shall be
in substantial compliance with the solid waste management
plan applicable to the city or town adopted pursuant to
chapter 70.95 RCW. Agreements relating to such solid
waste handling systems, plants, sites, or other facilities may
be for such term and may contain such covenants, conditions, and remedies as the legislative authority of a city or
town may deem necessary or appropriate. When a contract
for design services is entered into separately from other
services permitted under this section, procurement shall be
in accordance with chapter 39.80 RCW.
(2) If the legislative authority of the city or town
decides to proceed with the consideration of qualifications or
proposals for services from vendors, the city or town shall
publish notice of its requirements and request submission of
qualifications statements or proposals. The notice shall be
published in the official newspaper of the city or town at
least once a week for two weeks not less than sixty days
before the final date for the submission of qualifications
statements or proposals. The notice shall state in summary
form (a) the general scope and nature of the design, construction, operation, or other service, (b) the name and
address of a representative of the city or town who can
provide further details, (c) the final date for the submission
of qualifications statements or proposals, (d) an estimated
schedule for the consideration of qualifications, the selection
of vendors, and the negotiation of a contract or contracts for
services, (e) the location at which a copy of any request for
qualifications or request for proposals will be made available, and (f) the criteria established by the legislative
authority to select a vendor or vendors, which may include
but shall not be limited to the vendor’s prior experience,
including design, construction, or operation of other similar
facilities; respondent’s management capability, schedule
availability and financial resources; cost of the services,
nature of facility design proposed by the vendor; system
reliability; performance standards required for the facilities;
compatibility with existing service facilities operated by the
public body or other providers of service to the public;
project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be
[Title 35 RCW—page 68]
used; consistency with the applicable comprehensive solid
waste management plan; and allocation of project risks.
(3) If the legislative authority of the city or town
decides to proceed with the consideration of qualifications or
proposals, it may designate a representative to evaluate the
vendors who submitted qualifications statements or proposals
and conduct discussions regarding qualifications or proposals
with one or more vendors. The legislative authority or
representative may request submission of qualifications
statements and may later request more detailed proposals
from one or more vendors who have submitted qualifications
statements, or may request detailed proposals without having
first received and evaluated qualifications statements. The
legislative authority or its representative shall evaluate the
qualifications or proposals, as applicable. If two or more
vendors submit qualifications or proposals that meet the
criteria established by the legislative authority of the city or
town, discussions and interviews shall be held with at least
two vendors. Any revisions to a request for qualifications or
request for proposals shall be made available to all vendors
then under consideration by the city or town and shall be
made available to any other person who has requested
receipt of that information.
(4) Based on criteria established by the legislative
authority of the city or town, the representative shall recommend to the legislative authority a vendor or vendors that are
initially determined to be the best qualified to provide one or
more of the design, construction or operation of, or other
service related to, the proposed project or services. The
legislative authority may select one or more qualified
vendors for one or more of the design, construction, or
operation of, or other service related to, the proposed project
or services.
(5) The legislative authority or its representative may
attempt to negotiate a contract with the vendor or vendors
selected for one or more of the design, construction, or
operation of, or other service related to, the proposed project
or services on terms that the legislative authority determines
to be fair and reasonable and in the best interest of the city
or town. If the legislative authority or its representative is
unable to negotiate such a contract with any one or more of
the vendors first selected on terms that it determines to be
fair and reasonable and in the best interest of the city or
town, negotiations with any one or more of the vendors shall
be terminated or suspended and another qualified vendor or
vendors may be selected in accordance with the procedures
set forth in this section. If the legislative authority decides
to continue the process of selection, negotiations shall continue with a qualified vendor or vendors in accordance with
this section at the sole discretion of the legislative authority
until an agreement is reached with one or more qualified
vendors, or the process is terminated by the legislative
authority. The process may be repeated until an agreement
is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the city or town shall make written
findings, after holding a public hearing on the proposal, that
it is in the public interest to enter into the contract, that the
contract is financially sound, and that it is advantageous for
the city or town to use this method for awarding contracts
compared to other methods.
(2002 Ed.)
Miscellaneous Provisions
(7) Each contract shall include a project performance
bond or bonds or other security by the vendor that in the
judgment of the legislative authority of the city or town is
sufficient to secure adequate performance by the vendor.
(8) The provisions of chapters 39.12, 39.19, and *39.25
RCW shall apply to a contract entered into under this section
to the same extent as if the systems and plants were owned
by a public body.
(9) The vendor selection process permitted by this
section shall be supplemental to and shall not be construed
as a repeal of or limitation on any other authority granted by
law.
The alternative selection process provided by this
section may not be used in the selection of a person or entity
to construct a publicly owned facility for the storage or
transfer of solid waste or solid waste handling equipment
unless the facility is either (a) privately operated pursuant to
a contract greater than five years, or (b) an integral part of
a solid waste processing facility located on the same site.
Instead, the applicable provisions of RCW 35.22.620, and
35.23.352, and chapters 39.04 and 39.30 RCW shall be
followed. [1989 c 399 § 7; 1986 c 282 § 17. Formerly
RCW 35.92.024.]
*Reviser’s note: Chapter 39.25 RCW was repealed by 1994 c 138
§ 2.
Legislative findings—Construction—1986 c 282 §§ 17-20: "The
legislature finds that the regulation, management, and disposal of solid
waste through waste reduction, recycling, and the use of resource recovery
facilities of the kind described in RCW 35.92.022 and 36.58.040 should be
conducted in a manner substantially consistent with the priorities and
policies of the solid waste management act, chapter 70.95 RCW. Nothing
contained in sections 17 through 20 of this act shall detract from the
powers, duties, and functions given to the utilities and transportation
commission in chapter 81.77 RCW." [1986 c 282 § 16.]
Liberal construction—Supplemental powers—1986 c 282 §§ 16-20:
"Sections 16 through 20 of this act, being necessary for the health and
welfare of the state and its inhabitants, shall be liberally construed to effect
its purposes. Sections 16 through 20 of this act shall be deemed to provide
an alternative method for the performance of those subjects authorized by
these sections and shall be regarded as supplemental and additional to
powers conferred by the Washington state Constitution, other state laws, and
the charter of any city or county." [1986 c 282 § 21.]
Severability—1986 c 282: See RCW 82.18.900.
35.21.157 Solid waste collection—Rate increase
notice. (1) A city that contracts for the collection of solid
waste, or provides for the collection of solid waste directly,
shall notify the public of each proposed rate increase for a
solid waste handling service. The notice may be mailed to
each affected ratepayer or published once a week for two
consecutive weeks in a newspaper of general circulation in
the collection area. The notice shall be available to affected
ratepayers at least forty-five days prior to the proposed
effective date of the rate increase.
(2) For purposes of this section, "solid waste handling"
has the same meaning as provided in RCW 70.95.030.
[1994 c 161 § 2.]
Findings—Declaration—1994 c 161: "The legislature finds that local
governments and private waste management companies have significantly
changed solid waste management services in an effort to preserve landfill
space and to avoid costly environmental cleanups of municipal landfills.
The legislature recognizes that these new services have enabled the state to
achieve one of the nation’s highest recycling rates.
The legislature also finds that the need to pay for the cleanup of past
disposal practices and to provide new recycling services has caused solid
waste rates to increase substantially. The legislature further finds that
(2002 Ed.)
35.21.156
private solid waste collection companies regulated by the utilities and
transportation commission are required to provide public notice but that
city-managed solid waste collection systems are not. The legislature
declares it to be in the public interest for city-managed systems to provide
public notice of solid waste rate increases." [1994 c 161 § 1.]
35.21.158 Collection and transportation of recyclable materials by recycling companies or nonprofit
entities—Reuse or reclamation—Application of chapter.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a
commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for
transportation of such material to a recycler for reuse or
reclamation. [1989 c 431 § 33.]
Severability—1989 c 431: See RCW 70.95.901.
35.21.160 Jurisdiction over adjacent waters. The
powers and jurisdiction of all incorporated cities and towns
of the state having their boundaries or any part thereof
adjacent to or fronting on any bay or bays, lake or lakes,
sound or sounds, river or rivers, or other navigable waters
are hereby extended into and over such waters and over any
tidelands intervening between any such boundary and any
such waters to the middle of such bays, sounds, lakes, rivers,
or other waters in every manner and for every purpose that
such powers and jurisdiction could be exercised if the waters
were within the city or town limits. In calculating the area
of any town for the purpose of determining compliance with
the limitation on the area of a town prescribed by RCW
35.21.010, the area over which jurisdiction is conferred by
this section shall not be included. [1969 c 124 § 1; 1965 c
7 § 35.21.160. Prior: 1961 c 277 § 4; 1909 c 111 § 1; RRS
§ 8892.]
35.21.163 Penalty for act constituting a crime under
state law—Limitation. Except as limited by the maximum
penalty authorized by law, no city, code city, or town, may
establish a penalty for an act that constitutes a crime under
state law that is different from the penalty prescribed for that
crime by state statute. [1993 c 83 § 1.]
Effective date—1993 c 83: "This act shall take effect July 1, 1994."
[1993 c 83 § 11.]
35.21.165 Driving while under the influence of
liquor or drug—Minimum penalties. Except as limited by
the maximum penalties authorized by law, no city or town
may establish a penalty for an act that constitutes the crime
of driving while under the influence of intoxicating liquor or
any drug, as provided in RCW 46.61.502, or the crime of
being in actual physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug, as
provided in RCW 46.61.504, that is less than the penalties
prescribed for those crimes in RCW 46.61.5055. [1995 c
332 § 8; 1994 c 275 § 36; 1983 c 165 § 40.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
[Title 35 RCW—page 69]
35.21.165
Title 35 RCW: Cities and Towns
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
35.21.175 Offices to be open certain days and
hours. All city and town offices shall be kept open for the
transaction of business during such days and hours as the
municipal legislative authority shall by ordinance prescribe.
[1965 c 7 § 35.21.175. Prior: 1955 ex.s. c 9 § 4; prior:
1951 c 100 § 2.]
35.21.180 Ordinances—Adoption of codes by
reference. Ordinances passed by cities or towns must be
posted or published in a newspaper as required by their
respective charters or the general laws: PROVIDED, That
ordinances may by reference adopt Washington state statutes
and codes, including fire codes and ordinances relating to the
construction of buildings, the installation of plumbing, the
installation of electric wiring, health and sanitation, the
slaughtering, processing and selling of meats and meat
products for human consumption, the production, pasteurizing and sale of milk and milk products, or other subjects,
may adopt by reference, any printed code or compilation, or
portions thereof, together with amendments thereof or
additions thereto, on the subject of the ordinance; and where
publications of ordinances in a newspaper is required, such
Washington state statutes or codes or other codes or compilations so adopted need not be published therein: PROVIDED, HOWEVER, That not less than one copy of such
statute, code or compilation and amendments and additions
thereto adopted by reference shall be filed for use and
examination by the public, in the office of the city or town
clerk of said city, or town prior to adoption thereof. Any
city or town ordinance heretofore adopting any state law or
any such codes or compilations by reference are hereby
ratified and validated. [1982 c 226 § 1; 1965 c 7 §
35.21.180. Prior: 1963 c 184 § 1; 1943 c 213 § 1; 1935 c
32 § 1; Rem. Supp. 1943 § 9199-1.]
Effective date—1982 c 226: "This act shall take effect on July 1,
1982." [1982 c 226 § 8.]
35.21.185 Ordinances—Information pooling. (1) It
is the purpose of this section to provide a means whereby all
cities and towns may obtain, through a single source,
information regarding ordinances of other cities and towns
that may be of assistance to them in enacting appropriate
local legislation.
(2) For the purposes of this section, (a) "clerk" means
the city or town clerk or other person who is lawfully
designated to perform the recordkeeping function of that
office, and (b) "municipal research council" means the
municipal research council created by chapter 43.110 RCW.
(3) The clerk of every city and town is directed to
provide to the municipal research council or its designee,
promptly after adoption, a copy of each of its regulatory
ordinances and such other ordinances or kinds of ordinances
as may be described in a list or lists promulgated by the
municipal research council or its designee from time to time,
and may provide such copies without charge. The municipal
research council may provide that information to the entity
with which it contracts for the provision of municipal
[Title 35 RCW—page 70]
research and services, in order to provide a pool of information for all cities and towns in the state of Washington.
(4) This section is intended to be directory and not
mandatory. [1995 c 21 § 1.]
35.21.190 Parkways, park drives and boulevards.
Any city or town council upon request of the board of park
commissioners, shall have authority to designate such streets
as they may see fit as parkways, park drives, and boulevards,
and to transfer all care, maintenance and improvement of the
surface thereof to the board of park commissioners, or to
such authority of such city or town as may have the care and
management of the parks, parkways, boulevards and park
drives of the city.
Any city or town may acquire, either by gift, purchase
or the right of eminent domain, the right to limit the class,
character and extent of traffic that may be carried on such
parkways, park drives and boulevards, and to prescribe that
the improvement of the surface thereof shall be made wholly
in accordance with plans of such board of park commissioners, but that the setting over of all such streets for such
purposes shall not in any wise limit the right and authority
of the city council to construct underneath the surface
thereof any and all public utilities nor to deprive the council
of the right to levy assessments for special benefits. In the
construction of any such utilities, any damages done to the
surface of such parkways, park drives or boulevards shall not
be borne by any park funds of such city or town. [1965 c
7 § 35.21.190. Prior: 1911 c 98 § 57; RRS § 9410.]
35.21.200 Residence qualifications of appointive
officials and employees. Any city or town may by ordinance of its legislative authority determine whether there
shall be any residential qualifications for any or all of its appointive officials or for preference in employment of its
employees, but residence of an employee outside the limits
of such city or town shall not be grounds for discharge of
any regularly appointed civil service employee otherwise
qualified: PROVIDED, That this section shall not authorize
a city or town to change any residential qualifications
prescribed in any city charter for any appointive official or
employee: PROVIDED, FURTHER, That all employees appointed prior to the enactment of any ordinance establishing
such residence qualifications as provided herein or who shall
have been appointed or employed by such cities or towns
having waived such residential requirements shall not be
discharged by reason of such appointive officials or employees having established their residence outside the limits of
such city or town: PROVIDED, FURTHER, That this
section shall not authorize a city or town to change the
residential requirements with respect to employees of private
public utilities acquired by public utility districts or by the
city or town. [1965 c 7 § 35.21.200. Prior: 1951 c 162 §
1; 1941 c 25 § 1; Rem. Supp. 1941 § 9213-3.]
35.21.203 Recall sufficiency hearing—Payment of
defense expenses. The necessary expenses of defending an
elective city or town official in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW
29.82.023 shall be paid by the city or town if the official
requests such defense and approval is granted by the city or
(2002 Ed.)
Miscellaneous Provisions
town council. The expenses paid by the city or town may
include costs associated with an appeal of the decision
rendered by the superior court concerning the sufficiency of
the recall charge. [1989 c 250 § 2.]
35.21.205 Liability insurance for officials and
employees. Each city or town may purchase liability
insurance with such limits as it may deem reasonable for the
purpose of protecting its officials and employees against
liability for personal or bodily injuries and property damage
arising from their acts or omissions while performing or in
good faith purporting to perform their official duties. [1973
c 125 § 2.]
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
35.21.207 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
35.21.209 Insurance and workers’ compensation for
offenders performing community restitution. The
legislative authority of a city or town may purchase liability
insurance in an amount it deems reasonable to protect the
city or town, its officers, and employees against liability for
the wrongful acts of offenders or injury or damage incurred
by offenders in the course of court-ordered community
restitution, and may elect to treat offenders as employees
and/or workers under Title 51 RCW. [2002 c 175 § 30;
1984 c 24 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community
restitution: RCW 51.12.045.
35.21.210 Sewerage, drainage and water supply.
Any city or town shall have power to provide for the
sewerage, drainage and water supply thereof, and to establish, construct and maintain a system or systems of sewers
and drains and a system or systems of water supply, within
or without the corporate limits of such city or town, and to
control, regulate and manage the same. [1965 c 7 §
35.21.210. Prior: 1911 c 98 § 3; RRS § 9354.]
35.21.215 Powers relative to systems of sewerage.
The legislative authority of any city or town may exercise all
the powers relating to systems of sewerage authorized by
RCW 35.67.010 and 35.67.020. [1997 c 447 § 14.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
35.21.217 Utility services—Deposit—Tenants’
delinquencies—Lien. (1) Prior to furnishing utility services,
a city or town may require a deposit to guarantee payment
for services. However, failure to require a deposit does not
affect the validity of any lien authorized by RCW 35.21.290
or 35.67.200. A city or town may determine how to apply
partial payments on past due accounts.
(2) A city or town may provide a real property owner
or the owner’s designee with duplicates of tenant utility
service bills, or may notify an owner or the owner’s
designee that a tenant’s utility account is delinquent.
However, if an owner or the owner’s designee notifies the
(2002 Ed.)
35.21.203
city or town in writing that a property served by the city or
town is a rental property, asks to be notified of a tenant’s
delinquency, and has provided, in writing, a complete and
accurate mailing address, the city or town shall notify the
owner or the owner’s designee of a tenant’s delinquency at
the same time and in the same manner the city or town
notifies the tenant of the tenant’s delinquency or by mail.
When a city or town provides a real property owner or the
owner’s designee with duplicates of tenant utility service
bills or notice that a tenant’s utility account is delinquent, the
city or town shall notify the tenant that it is providing the
duplicate bills or delinquency notice to the owner or the
owner’s designee. After January 1, 1999, if a city or town
fails to notify the owner of a tenant’s delinquency after
receiving a written request to do so and after receiving the
other information required by this subsection, the city or
town shall have no lien against the premises for the tenant’s
delinquent and unpaid charges. [1998 c 285 § 1.]
35.21.220 Sidewalks—Regulation of use of. Cities
of several classes in this state shall be empowered to
regulate the use of sidewalks within their limits, and may in
their discretion and under such terms and conditions as they
may determine permit a use of the same by abutting owners,
provided such use does not in their judgment unduly and
unreasonably impair passage thereon, to and fro, by the
public. Such permission shall not be considered as establishing a prescriptive right, and the right may be revoked at any
time by the authorities of such cities. [1965 c 7 § 35.21.220.
Prior: 1927 c 261 § 1; RRS § 9213-1.]
35.21.225 Transportation benefit districts. The
legislative authority of a city may establish one or more
transportation benefit districts within a city for the purpose
of acquiring, constructing, improving, providing, and funding
any city street, county road, or state highway improvement
that is (1) consistent with state, regional, and local transportation plans, (2) necessitated by existing or reasonably
foreseeable congestion levels attributable to economic
growth, and (3) partially funded by local government or
private developer contributions, or a combination of such
contributions. Such transportation improvements shall be
owned by the city of jurisdiction if located in an incorporated area, by the county of jurisdiction if located in an
unincorporated area, or by the state in cases where the
transportation improvement is or becomes a state highway;
and all such transportation improvements shall be administered as other public streets, roads, and highways. The
district may include any area within the corporate limits of
another city if that city has agreed to the inclusion pursuant
to chapter 39.34 RCW. The district may include any
unincorporated area if the county legislative authority has
agreed to the inclusion pursuant to chapter 39.34 RCW. The
agreement shall specify the area and such other powers as
may be granted to the benefit district.
The members of the city legislative authority, acting ex
officio and independently, shall compose the governing body
of the district. The city treasurer shall act as the ex officio
treasurer of the district: PROVIDED, That where a transportation benefit district includes any unincorporated area or
portion of another city, the district may be governed as
[Title 35 RCW—page 71]
35.21.225
Title 35 RCW: Cities and Towns
provided in an interlocal agreement adopted pursuant to
chapter 39.34 RCW. The electors of the district shall all be
registered voters residing within the district. For the
purposes of this section, the term "city" means both cities
and towns. [1989 c 53 § 2; 1987 c 327 § 3.]
35.21.230 Streets over tidelands declared public
highways. All streets in any incorporated city in this state,
extending from high tide into the navigable waters of the
state, are hereby declared public highways. [1965 c 7 §
35.21.230. Prior: 1890 p 733 § 1; RRS § 9293.]
Severability—1989 c 53: See note following RCW 36.73.020.
Transportation benefit districts: Chapter 36.73 RCW.
Public highways: Title 47 RCW.
35.21.228 Rail fixed guideway system—Safety and
security program plan. (1) Each city or town that owns or
operates a rail fixed guideway system as defined in RCW
81.104.015 shall submit a system safety and security
program plan for that guideway to the state department of
transportation by September 1, 1999, or at least three months
before beginning operations or instituting revisions to its
plan. This plan must describe the city’s procedures for (a)
reporting and investigating reportable accidents, unacceptable
hazardous conditions, and security breaches, (b) submitting
corrective action plans and annual safety and security audit
reports, (c) facilitating on-site safety and security reviews by
the state department of transportation, and (d) addressing
passenger and employee security. The plan must, at a
minimum, conform to the standards adopted by the state
department of transportation. If required by the department,
the city or town shall revise its plan to incorporate the
department’s review comments within sixty days after their
receipt, and resubmit its revised plan for review.
(2) Each city or town shall implement and comply with
its system safety and security program plan. The city or
town shall perform internal safety and security audits to
evaluate its compliance with the plan, and submit its audit
schedule to the department of transportation no later than
December 15th each year. The city or town shall prepare an
annual report for its internal safety and security audits
undertaken in the prior year and submit it to the department
no later than February 15th. This annual report must include
the dates the audits were conducted, the scope of the audit
activity, the audit findings and recommendations, the status
of any corrective actions taken as a result of the audit
activity, and the results of each audit in terms of the adequacy and effectiveness of the plan.
(3) Each city or town shall notify the department of
transportation within twenty-four hours of an occurrence of
a reportable accident, unacceptable hazardous condition, or
security breach. The department may adopt rules further
defining a reportable accident, unacceptable hazardous
condition, or security breach. The city or town shall
investigate all reportable accidents, unacceptable hazardous
conditions, or security breaches and provide a written
investigation report to the department within forty-five
calendar days after the reportable accident, unacceptable
hazardous condition, or security breach.
(4) The security section of the safety and security plan
required in subsection (1)(d) of this section is exempt from
public disclosure under chapter 42.17 RCW. However, the
activities and plans as described in subsections (1)(a), (b),
and (c), (2), and (3) of this section are not subject to this
exemption. [1999 c 202 § 1.]
Effective date—1999 c 202: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 202 § 10.]
[Title 35 RCW—page 72]
35.21.240 Streets over tidelands—Control of. All
streets declared public highways under the provisions of
RCW 35.21.230 shall be under the control of the corporate
authorities of the respective cities. [1965 c 7 § 35.21.240.
Prior: 1890 p 733 § 2; RRS § 9294.]
35.21.250 Streets and alleys over first class tidelands—Control of. All streets and alleys, which have been
heretofore or may hereafter be established upon, or across
tide and shore lands of the first class shall be under the
supervision and control of the cities within whose corporate
limits such tide and shore lands are situated, to the same
extent as are all other streets and alleys of such cities. [1965
c 7 § 35.21.250. Prior: 1901 c 149 § 1; RRS § 9295.]
35.21.260 Streets—Annual report to secretary of
transportation. The governing authority of each city and
town on or before May 31st of each year shall submit such
records and reports regarding street operations in the city or
town to the secretary of transportation on forms furnished by
him as are necessary to enable him to compile an annual
report thereon. [1999 c 204 § 1; 1984 c 7 § 19; 1977 c 75
§ 29; 1965 c 7 § 35.21.260. Prior: 1943 c 82 § 12; 1937 c
187 § 64; Rem. Supp. 1943 § 6450-64.]
Severability—1984 c 7: See note following RCW 47.01.141.
35.21.270 Streets—Records of funds received and
used for construction, repair, maintenance. The city
engineer or the city clerk of each city or town shall maintain
records of the receipt and expenditure of all moneys used for
construction, repair, or maintenance of streets and arterial
highways.
To assist in maintaining uniformity in such records, the
state auditor, with the advice and assistance of the department of transportation, shall prescribe forms and types of
records to be so maintained. [1995 c 301 § 35; 1984 c 7 §
20; 1965 c 7 § 35.21.270. Prior: 1949 c 164 § 5; Rem.
Supp. 1949 § 9300-5.]
Severability—1984 c 7: See note following RCW 47.01.141.
35.21.275 Street improvements—Provision of
supplies or materials. Any city or town may assist a street
abutter in improving the street serving the abutter’s premises
by providing asphalt, concrete, or other supplies or materials.
The furnishing of supplies or materials or paying to the
abutter the cost thereof and the providing of municipal
inspectors and other incidental personnel shall not render the
street improvements a public work or improvement subject
to competitive bidding. The legislative authority of such city
or town shall approve any such assistance at a public
meeting and shall maintain a public register of any such
assistance setting forth the value, nature, purpose, date and
(2002 Ed.)
Miscellaneous Provisions
location of the assistance and the name of the beneficiary.
[1983 c 103 § 1.]
35.21.278 Contracts with community service
organizations for public improvements—Limitations. (1)
Without regard to competitive bidding laws for public works,
a county, city, town, school district, metropolitan park
district, park and recreation district, or park and recreation
service area may contract with a chamber of commerce, a
service organization, a community, youth, or athletic association, or other similar association located and providing service in the immediate neighborhood, for drawing design
plans, making improvements to a park, school playground,
or public square, installing equipment or artworks, or
providing maintenance services for the facility as a community or neighborhood project, and may reimburse the
contracting association its expense. The contracting association may use volunteers in the project and provide the
volunteers with clothing or tools; meals or refreshments;
accident/injury insurance coverage; and reimbursement of
their expenses. The consideration to be received by the
public entity through the value of the improvements,
artworks, equipment, or maintenance shall have a value at
least equal to three times that of the payment to the contracting association. All payments made by a public entity under
the authority of this section for all such contracts in any one
year shall not exceed twenty-five thousand dollars or two
dollars per resident within the boundaries of the public entity, whichever is greater.
(2) A county, city, town, school district, metropolitan
park district, park and recreation district, or park and
recreation service area may ratify an agreement, which
qualifies under subsection (1) of this section and was made
before June 9, 1988. [1988 c 233 § 1.]
35.21.280 Tax on admissions—Exceptions. (1)
Every city and town may levy and fix a tax of not more than
one cent on twenty cents or fraction thereof to be paid by
the person who pays an admission charge to any place:
PROVIDED, No city or town shall impose such tax on
persons paying an admission to any activity of any elementary or secondary school or any public facility of a public
facility district under chapter 35.57 or 36.100 RCW for
which a tax is imposed under RCW 35.57.100 or 36.100.210,
except the city or town may impose a tax on persons paying
an admission to any activity of such public facility if the city
or town uses the admission tax revenue it collects on the
admission charges to that public facility for the construction,
operation, maintenance, repair, replacement, or enhancement
of that public facility or to develop, support, operate, or
enhance programs in that public facility.
(2) Tax authorization under this section includes a tax
on persons who are admitted free of charge or at reduced
rates to any place for which other persons pay a charge or a
regular higher charge for the same privileges or accommodations. A city that is located in a county with a population
of one million or more may not levy a tax on events in
stadia constructed on or after January 1, 1995, that are
owned by a public facilities district under chapter 36.100
RCW and that have seating capacities over forty thousand.
The city or town may require anyone who receives payment
(2002 Ed.)
35.21.275
for an admission charge to collect and remit the tax to the
city or town.
(3) The term "admission charge" includes:
(a) A charge made for season tickets or subscriptions;
(b) A cover charge, or a charge made for use of seats
and tables reserved or otherwise, and other similar accommodations;
(c) A charge made for food and refreshment in any
place where free entertainment, recreation or amusement is
provided;
(d) A charge made for rental or use of equipment or
facilities for purposes of recreation or amusement; if the
rental of the equipment or facilities is necessary to the
enjoyment of a privilege for which a general admission is
charged, the combined charges shall be considered as the
admission charge;
(e) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [2002 c 363 § 5; 1999 c 165 § 19; 1995
3rd sp.s. c 1 § 202; 1995 1st sp.s. c 14 § 8; 1965 c 7 §
35.21.280. Prior: 1957 c 126 § 1; 1951 c 35 § 1; 1943 c 80
§ 1; Rem. Supp. 1943 § 8370-44a.]
Severability—1999 c 164: See RCW 35.57.900.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
35.21.290 Utility services—Lien for. Cities and
towns owning their own waterworks, or electric light or
power plants shall have a lien against the premises to which
water, electric light, or power services were furnished for
four months charges therefor due or to become due, but not
for any charges more than four months past due: PROVIDED, That the owner of the premises or the owner of a delinquent mortgage thereon may give written notice to the
superintendent or other head of such works or plant to cut
off service to such premises accompanied by payment or
tender of payment of the then delinquent and unpaid charges
for such service against the premises together with the cutoff charge, whereupon the city or town shall have no lien
against the premises for charges for such service thereafter
furnished, nor shall the owner of the premises or the owner
of a delinquent mortgage thereon be held for the payment
thereof. [1965 c 7 § 35.21.290. Prior: 1933 c 135 § 1;
1909 c 161 § 1; RRS § 9471.]
35.21.300 Utility services—Enforcement of lien—
Limitations on termination of service for residential
heating. (1) The lien for charges for service by a city waterworks, or electric light or power plant may be enforced
only by cutting off the service until the delinquent and
unpaid charges are paid, except that until June 30, 1991,
utility service for residential space heating may be terminated between November 15 and March 15 only as provided in
subsections (2) and (4) of this section. In the event of a
disputed account and tender by the owner of the premises of
the amount the owner claims to be due before the service is
cut off, the right to refuse service to any premises shall not
accrue until suit has been entered by the city and judgment
entered in the case.
[Title 35 RCW—page 73]
35.21.300
Title 35 RCW: Cities and Towns
(2) Utility service for residential space heating shall not
be terminated between November 15 through March 15 if
the customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue
notice unless there are extenuating circumstances. If the
customer fails to notify the utility within five business days
and service is terminated, the customer can, by paying
reconnection charges, if any, and fulfilling the requirements
of this section, receive the protections of this chapter;
(b) Provides self-certification of household income for
the prior twelve months to a grantee of the department of
community, trade, and economic development which
administers federally funded energy assistance programs.
The grantee shall determine that the household income does
not exceed the maximum allowed for eligibility under the
state’s plan for low-income energy assistance under 42
U.S.C. 8624 and shall provide a dollar figure that is seven
percent of household income. The grantee may verify information in the self-certification;
(c) Has applied for home heating assistance from
applicable government and private sector organizations and
certifies that any assistance received will be applied to the
current bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such
assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the
past due bill by the following October 15 and to pay for
continued utility service. If the past due bill is not paid by
the following October 15, the customer shall not be eligible
for protections under this chapter until the past due bill is
paid. The plan shall not require monthly payments in excess
of seven percent of the customer’s monthly income plus onetwelfth of any arrearage accrued from the date application is
made and thereafter during November 15 through March 15.
A customer may agree to pay a higher percentage during this
period, but shall not be in default unless payment during this
period is less than seven percent of monthly income plus
one-twelfth of any arrearage accrued from the date application is made and thereafter. If assistance payments are
received by the customer subsequent to implementation of
the plan, the customer shall contact the utility to reformulate
the plan; and
(f) Agrees to pay the moneys owed even if he or she
moves.
(3) The utility shall:
(a) Include in any notice that an account is delinquent
and that service may be subject to termination, a description
of the customer’s duties in this section;
(b) Assist the customer in fulfilling the requirements
under this section;
(c) Be authorized to transfer an account to a new
residence when a customer who has established a plan under
this section moves from one residence to another within the
same utility service area;
(d) Be permitted to disconnect service if the customer
fails to honor the payment program. Utilities may continue
to disconnect service for those practices authorized by law
other than for nonpayment as provided for in this section.
[Title 35 RCW—page 74]
Customers who qualify for payment plans under this section
who default on their payment plans and are disconnected can
be reconnected and maintain the protections afforded under
this chapter by paying reconnection charges, if any, and by
paying all amounts that would have been due and owing
under the terms of the applicable payment plan, absent
default, on the date on which service is reconnected; and
(e) Advise the customer in writing at the time it
disconnects service that it will restore service if the customer
contacts the utility and fulfills the other requirements of this
section.
(4) All municipal utilities shall offer residential customers the option of a budget billing or equal payment plan.
The budget billing or equal payment plan shall be offered
low-income customers eligible under the state’s plan for lowincome energy assistance prepared in accordance with 42
U.S.C. 8624(C)(1) without limiting availability to certain
months of the year, without regard to the length of time the
customer has occupied the premises, and without regard to
whether the customer is the tenant or owner of the premises
occupied.
(5) An agreement between the customer and the utility,
whether oral or written, shall not waive the protections
afforded under this chapter. [1995 c 399 § 36; 1991 c 165
§ 2; 1990 1st ex.s. c 1 § 1; 1987 c 356 § 1; 1986 c 245 § 1;
1985 c 6 § 3; 1984 c 251 § 1; 1965 c 7 § 35.21.300. Prior:
1909 c 161 § 2; RRS § 9472.]
Findings—1991 c 165: "The legislature finds that the health and
welfare of the people of the state of Washington require that all citizens
receive essential levels of heat and electric service regardless of economic
circumstance and that rising energy costs have had a negative effect on the
affordability of housing for low-income citizens and have made it difficult
for low-income citizens of the state to afford adequate fuel for residential
space heat. The legislature further finds that level payment plans, the
protection against winter heating shutoff, and house weatherization programs
have all been beneficial to low-income persons." [1991 c 165 § 1.]
35.21.305 Utility connection charges—Waiver for
low-income persons. A city or town, including a code city,
that owns or operates an electric or gas utility may waive
connection charges for properties purchased by low-income
persons from organizations exempt from tax under section
501(c)(3) of the federal internal revenue code as amended
prior to July 23, 1995. Waivers of connection charges for
the same class of electric or gas utility service must be
uniformly applied to all qualified property. Nothing in this
section authorizes the impairment of a contract. [1995 c 140
§ 1.]
35.21.310 Removal of overhanging or obstructing
vegetation—Removal, destroying debris. Any city or town
may by general ordinance require the owner of any property
therein to remove or destroy all trees, plants, shrubs or
vegetation, or parts thereof, which overhang any sidewalk or
street or which are growing thereon in such manner as to
obstruct or impair the free and full use of the sidewalk or
street by the public; and may further so require the owner of
any property therein to remove or destroy all grass, weeds,
shrubs, bushes, trees or vegetation growing or which has
grown and died, and to remove or destroy all debris, upon
property owned or occupied by them and which are a fire
hazard or a menace to public health, safety or welfare. The
ordinance shall require the proceedings therefor to be
(2002 Ed.)
Miscellaneous Provisions
initiated by a resolution of the governing body of the city or
town, adopted after not less than five days’ notice to the
owner, which shall describe the property involved and the
hazardous condition, and require the owner to make such
removal or destruction after notice given as required by said
ordinance. The ordinance may provide that if such removal
or destruction is not made by the owner after notice given as
required by the ordinance in any of the above cases, that the
city or town will cause the removal or destruction thereof
and may also provide that the cost to the city or town shall
become a charge against the owner of the property and a lien
against the property. Notice of the lien herein authorized
shall as nearly as practicable be in substantially the same
form, filed with the same officer within the same time and
manner, and enforced and foreclosed as is provided by law
for liens for labor and materials.
The provisions of this section are supplemental and
additional to any other powers granted or held by any city or
town on the same or a similar subject. [1969 c 20 § 1; 1965
c 7 § 35.21.310. Prior: 1949 c 113 § 1; Rem. Supp. 1949
§ 9213-10.]
Weeds, duty of city or town, extermination areas: RCW 17.04.160.
35.21.315 Amateur radio antennas—Local regulation to conform with federal law. No city or town shall
enact or enforce an ordinance or regulation that fails to
conform to the limited preemption entitled "Amateur Radio
Preemption, 101 FCC 2nd 952 (1985)" issued by the federal
communications commission. An ordinance or regulation
adopted by a city or town with respect to amateur radio
antennas shall conform to the limited federal preemption,
that states local regulations that involve placement, screening, or height of antennas based on health, safety, or
aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the
minimal practicable regulation to accomplish the local
authority’s legitimate purpose. [1994 c 50 § 1.]
Effective date—1994 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994]." [1994 c 50 § 4.]
35.21.320 Warrants—Interest rate—Payment. All
city and town warrants shall draw interest from and after
their presentation to the treasurer, but no compound interest
shall be paid on any warrant directly or indirectly. The city
or town treasurer shall pay all warrants in the order of their
number and date of issue whenever there are sufficient funds
in the treasury applicable to the payment. If five hundred
dollars (or any sum less than five hundred dollars as may be
prescribed by ordinance) is accumulated in any fund having
warrants outstanding against it, the city or town treasurer
shall publish a call for warrants to that amount in the next
issue of the official newspaper of the city or town. The
notice shall describe the warrants so called by number and
specifying the fund upon which they were drawn: PROVIDED, That no call need be made until the amount accumulated
is equal to the amount due on the warrant longest outstanding: PROVIDED FURTHER, That no more than two
calls shall be made in any one month.
Any city or town treasurer who knowingly fails to call
for or pay any warrant in accordance with the provisions of
(2002 Ed.)
35.21.310
this section shall be fined not less than twenty-five dollars
nor more than five hundred dollars and conviction thereof
shall be sufficient cause for removal from office. [1985 c
469 § 20; 1965 c 7 § 35.21.320. Prior: (i) 1893 c 48 § 1,
part; RRS § 4116, part. (ii) 1895 c 152 § 2, part; RRS §
4119, part. (iii) 1895 c 152 § 1, part; RRS § 4118, part.]
35.21.333 Chief of police or marshal—Eligibility
requirements. (1) A person seeking appointment to the
office of chief of police or marshal, of a city or town,
including a code city, with a population in excess of one
thousand, is ineligible unless that person:
(a) Is a citizen of the United States of America;
(b) Has obtained a high school diploma or general
equivalency diploma;
(c) Has not been convicted under the laws of this state,
another state, or the United States of a felony;
(d) Has not been convicted of a gross misdemeanor or
any crime involving moral turpitude within five years of the
date of application;
(e) Has received at least a general discharge under
honorable conditions from any branch of the armed services
for any military service if the person was in the military
service;
(f) Has completed at least two years of regular, uninterrupted, full-time commissioned law enforcement employment
involving enforcement responsibilities with a government
law enforcement agency; and
(g) The person has been certified as a regular and
commissioned enforcement officer through compliance with
this state’s basic training requirement or equivalency.
(2) A person seeking appointment to the office of chief
of police or marshal, of a city or town, including a code city,
with a population of one thousand or less, is ineligible unless
that person conforms with the requirements of subsection (1)
(a) through (e) of this section. A person so appointed as
chief of police or marshal must successfully complete the
state’s basic training requirement or equivalency within nine
months after such appointment, unless an extension has been
granted by the criminal justice training commission.
(3) A person seeking appointment to the office of chief
of police or marshal shall provide a sworn statement under
penalty of perjury to the appointing authority stating that the
person meets the requirements of this section. [1987 c 339
§ 4.]
Intent—1987 c 339: "The intent of this act is to require certain
qualifications for candidates for the office of chief of police or marshal,
which position in whole or in part oversees law enforcement personnel or
activities for a city or town.
The legislature finds that over the past century the field of law
enforcement has become increasingly complex and many new techniques
and resources have evolved both socially and technically. In addition the
ever-changing requirements of law, both constitutional and statutory
provisions protecting the individual and imposing responsibilities and legal
liabilities of law enforcement officers and the government of which they
represent, require an increased level of training and experience in the field
of law enforcement.
The legislature, therefore finds that minimum requirements are
reasonable and necessary to seek and hold the offices or office of chief of
police or marshal, and that such requirements are in the public interest."
[1987 c 339 § 3.]
Severability—1987 c 339: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 339 § 8.]
[Title 35 RCW—page 75]
35.21.333
Title 35 RCW: Cities and Towns
Effective date—1987 c 339: "This act is necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 339 § 9.]
35.21.400 City may acquire property for parks,
recreational, viewpoint, greenbelt, conservation, historic,
scenic, or view purposes. See RCW 36.34.340.
35.21.334 Chief of police or marshal—Background
investigation. Before making an appointment in the office
of chief of police or marshal, the appointing agency shall
complete a thorough background investigation of the
candidate. The Washington association of sheriffs and police
chiefs shall develop advisory procedures which may be used
by the appointing authority in completing its background
investigation of candidates for the office of chief of police
or marshal. [1987 c 339 § 5.]
35.21.403 City may establish lake management
districts. Any city or town may establish lake management
districts within its boundaries as provided in chapter 36.61
RCW. When a city or town establishes a lake management
district pursuant to chapter 36.61 RCW, the term "county
legislative authority" shall be deemed to mean the city or
town governing body, the term "county" shall be deemed to
mean the city or town, and the term "county treasurer" shall
be deemed to mean the city or town treasurer or other fiscal
officer. [1985 c 398 § 27.]
Intent—Severability—Effective date—1987 c 339: See notes
following RCW 35.21.333.
35.21.335 Chief of police or marshal—Vacancy. In
the case of a vacancy in the office of chief of police or
marshal, all requirements and procedures of RCW 35.21.333
and 35.21.334 shall be followed in filling the vacancy.
[1987 c 339 § 6.]
Intent—Severability—Effective date—1987 c 339: See notes
following RCW 35.21.333.
35.21.340 Cemeteries and funeral facilities. See
chapter 68.52 RCW.
35.21.350 Civil service in police and fire departments. See Title 41 RCW.
35.21.360 Eminent domain by cities and towns. See
chapter 8.12 RCW.
35.21.370 Joint county and city hospitals. See
chapter 36.62 RCW.
35.21.380 Joint county and city buildings. See
chapter 36.64 RCW.
35.21.385 Counties with a population of two
hundred ten thousand or more may contract with cities
concerning buildings and related improvements. See
RCW 36.64.070.
35.21.404 Fish enhancement project—City’s or
town’s liability. A city or town is not liable for adverse
impacts resulting from a fish enhancement project that meets
the criteria of *RCW 75.20.350 and has been permitted by
the department of fish and wildlife. [1998 c 249 § 9.]
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
35.21.405 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
35.21.407 Abandoned or derelict vessels. (Effective
January 1, 2003.) Any city or town has the authority,
subject to the processes and limitation outlined in chapter
79.100 RCW, to store, strip, use, auction, sell, salvage,
scrap, or dispose of an abandoned or derelict vessel found on
or above publicly or privately owned aquatic lands within
the jurisdiction of the city or town. [2002 c 286 § 15.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
35.21.410 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
35.21.390 Public employment, civil service and
pensions. See Title 41 RCW.
35.21.412 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.21.395 Historic preservation—Authorization to
acquire property, borrow money, issue bonds, etc. Any
city or town may acquire title to or any interest in real and
personal property for the purpose of historic preservation and
may restore, improve, maintain, manage, and lease the
property for public or private use and may enter into
contracts, borrow money, and issue bonds and other obligations for such purposes. This authorization shall not expand
the eminent domain powers of cities or towns. [1984 c 203
§ 3.]
35.21.415 Electrical utilities—Civil immunity of
officials and employees for good faith mistakes and
errors of judgment. Officials and employees of cities and
towns shall be immune from civil liability for mistakes and
errors of judgment in the good faith performance of acts
within the scope of their official duties involving the
exercise of judgment and discretion which relate solely to
their responsibilities for electrical utilities. This grant of
immunity shall not be construed as modifying the liability of
the city or town. [1983 1st ex.s. c 48 § 1.]
Severability—1984 c 203: See note following RCW 35.43.140.
[Title 35 RCW—page 76]
Severability—1983 1st ex.s. c 48: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
(2002 Ed.)
Miscellaneous Provisions
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 48 § 4.]
35.21.417 Hydroelectric reservoir extending across
international boundary—Agreement with Province of
British Columbia. To carry out a treaty between the United
States of America and Canada, a city that maintains hydroelectric facilities with a reservoir which extends across the
international boundary, may enter into an agreement with the
Province of British Columbia for enhancing recreational
opportunities and protecting environmental resources of the
watershed of the river or rivers which forms the reservoir.
The agreement may provide for establishment of and
payments into an environmental endowment fund and
establishment of an administering commission to implement
the purpose of the treaty and the agreement. [1984 c 1 § 1.]
35.21.418 Hydroelectric reservoir extending across
international boundary—Commission—Powers. A
commission, established by an agreement between a Washington municipality and the Province of British Columbia to
carry out a treaty between the United States of America and
Canada as authorized in RCW 35.21.417, shall be public and
shall have all powers and capacity necessary and appropriate
for the purposes of performing its functions under the
agreement, including, but not limited to, the following
powers and capacity: To acquire and dispose of real property other than by condemnation; to enter into contracts; to sue
and be sued in either Canada or the United States; to
establish an endowment fund in either or both the United
States and Canada and to invest the endowment fund in
either or both countries; to solicit, accept, and use donations,
grants, bequests, or devises intended for furthering the
functions of the endowment; to adopt such rules or procedures as it deems desirable for performing its functions; to
engage advisors and consultants; to establish committees and
subcommittees; to adopt rules for its governance; to enter
into agreements with public and private entities; and to
engage in activities necessary and appropriate for implementing the agreement and the treaty.
The endowment fund and commission may not be
subject to state or local taxation. A commission, so established, may not be subject to statutes and laws governing
Washington cities and municipalities in the conduct of its
internal affairs: PROVIDED, That all commission members
appointed by the municipality shall comply with chapter
42.52 RCW, and: PROVIDED FURTHER, That all commission meetings held within the state of Washington shall
be held in compliance with chapter 42.30 RCW. All
obligations or liabilities incurred by the commission shall be
satisfied exclusively from its own assets and insurance.
[1994 c 154 § 309; 1984 c 1 § 2.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
35.21.420 Utilities—City may support county in
which generating plant located. Any city owning and
operating a public utility and having facilities for the generation of electricity located in a county other than that in
which the city is located, may provide for the public peace,
health, safety and welfare of such county as concerns the
(2002 Ed.)
35.21.415
facilities and the personnel employed in connection
therewith, by contributing to the support of the county
government of any such county and enter into contracts with
any such county therefor. [1965 c 7 § 35.21.420. Prior:
1951 c 104 § 1.]
35.21.422 Utilities—Cities in a county with a
population of two hundred ten thousand or more west of
Cascades may support cities, towns, counties and taxing
districts in which facilities located. Any city, located
within a county with a population of two hundred ten
thousand or more west of the Cascades, owning and operating a public utility and having facilities for the distribution
of electricity located outside its city limits, may provide for
the support of cities, towns, counties and taxing districts in
which such facilities are located, and enter into contracts
with such county therefor. Such contribution shall be based
upon the amount of retail sales of electricity, other than to
governmental agencies, made by such city in the areas of
such cities, towns, counties or taxing districts in which such
facilities are located, and shall be divided among them on
the same basis as taxes on real and personal property therein
are divided. [1991 c 363 § 38; 1967 ex.s. c 52 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.21.425 City constructing generating facility in
other county—Reimbursement of county or school
district. Whenever after March 17, 1955, any city shall
construct hydroelectric generating facilities or acquire land
for the purpose of constructing the same in a county other
than the county in which such city is located, and by reason
of such construction or acquisition shall (1) cause loss of
revenue and/or place a financial burden in providing for the
public peace, health, safety, welfare, and added road maintenance in such county, in addition to road construction or
relocation as set forth in RCW 90.28.010 and/or (2) shall
cause any loss of revenues and/or increase the financial burden of any school district affected by the construction
because of an increase in the number of pupils by reason of
the construction or the operation of said generating facilities,
the city shall enter into an agreement with said county and/or
the particular school district or districts affected for the
payment of moneys to recompense such losses or to provide
for such increased financial burden, upon such terms and
conditions as may be mutually agreeable to the city and the
county and/or school district or districts. [1965 c 7 §
35.21.425. Prior: 1955 c 252 § 1.]
35.21.426 City constructing generating facility in
other county—Notice of loss—Negotiations—Arbitration.
Whenever a county or school district affected by the project
sustains such financial loss or is affected by an increased
financial burden as above set forth or it appears that such a
financial loss or burden will occur beginning not later than
within the next three months, such county or school district
shall immediately notify the city in writing setting forth the
particular losses or increased burden and the city shall
immediately enter into negotiations to effect a contract. In
the event the city and the county or school district are unable
to agree upon terms and conditions for such contract, then in
[Title 35 RCW—page 77]
35.21.426
Title 35 RCW: Cities and Towns
that event, within sixty days after such notification, the
matter shall be submitted to a board of three arbitrators, one
of whom shall be appointed by the city council of the city
concerned; one by the board of county commissioners for the
county concerned or by the school board for the school
district concerned, and one by the two arbitrators so appointed. In the event such arbitrators are unable to agree on a
third arbitrator within ten days after their appointment then
the third arbitrator shall be selected by the state auditor. The
board of arbitrators shall determine the loss of revenue
and/or the cost of the increased financial burden placed upon
the county or school district and its findings shall be binding
upon such city and county or school district and the parties
shall enter into a contract for reimbursement by the city in
accordance with such findings, with the payment under such
findings to be retroactive to the date when the city was first
notified in writing. [1965 c 7 § 35.21.426. Prior: 1955 c
252 § 2.]
35.21.427 City constructing generating facility in
other county—Additional findings—Renegotiation. The
findings provided for in RCW 35.21.426 may also provide
for varying payments based on formulas to be stated in the
findings, and for varying payments for different stated
periods. The findings shall also state a future time at which
the agreement shall be renegotiated or, in event of failure to
agree on such renegotiation, be arbitrated as provided in
RCW 35.21.426. [1965 c 7 § 35.21.427. Prior: 1955 c 252
§ 3.]
35.21.430 Utilities—City may pay taxing districts
involved after acquisition of private power facilities. On
and after January 1, 1951, whenever a city or town shall
acquire electric generation, transmission and/or distribution
properties which at the time of acquisition were in private
ownership, the legislative body thereof may each year order
payments made to all taxing districts within which any part
of the acquired properties are located, in amounts not greater
than the taxes, exclusive of excess levies voted by the people
and/or levies made for the payment of bonded indebtedness
pursuant to the provisions of Article VII, section 2 of the
Constitution of this state, as now or hereafter amended,
and/or by statutory provision, imposed on such properties in
the last tax year in which said properties were in private
ownership. [1973 1st ex.s. c 195 § 15; 1965 c 7 §
35.21.430. Prior: 1951 c 217 § 1.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.21.440 Utilities—Additional payments to school
districts having bonded indebtedness. In the event any
portion of such property shall be situated in any school
district which, at the time of acquisition, has an outstanding
bonded indebtedness, the city or town may in addition to the
payments authorized in RCW 35.21.430, make annual
payments to such school district which shall be applied to
the retirement of the principal and interest of such bonds.
Such payments shall be computed in the proportion which
the assessed valuation of utility property so acquired shall
bear to the total assessed valuation of the district at the time
[Title 35 RCW—page 78]
of the acquisition. [1965 c 7 § 35.21.440. Prior: 1951 c
217 § 2.]
35.21.450 Utilities—Payment of taxes. Annual
payments shall be ordered by an ordinance or ordinances of
the legislative body. The ordinance shall further order a
designated officer to notify in writing the county assessor of
each county in which any portion of such property is located,
of the city’s intention to make such payments. The county
assessor shall thereupon enter upon the tax rolls of the
county the amount to which any taxing district of the county
is entitled under the provisions of RCW 35.21.430 to
35.21.450, inclusive; and upon delivery of the tax rolls to the
county treasurer as provided by law, the amount of the tax
as hereinbefore authorized and determined shall become due
and payable by the city or town the same as real property
taxes. [1965 c 7 § 35.21.450. Prior: 1951 c 217 § 3.]
35.21.455 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of
carrying electronic impulses or light waves for the carrying
of intelligence for telecommunications or television, including, but not limited to cable, and any related device,
apparatus, or auxiliary equipment upon any pole owned or
controlled in whole or in part by one or more locally
regulated utilities where the installation has been made with
the necessary consent.
(b) "Locally regulated utility" means a city owning and
operating an electric utility not subject to rate or service
regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may
not arbitrarily differentiate among or between similar classes
of persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and
sufficient. A locally regulated utility shall levy attachment
space rental rates that are uniform for the same class of
service within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation
commission any authority to exercise jurisdiction over
locally regulated utilities. [1996 c 32 § 3.]
35.21.470 Building construction projects—City or
town prohibited from requiring state agencies or local
governments to provide bond or other security as a
condition for issuance of permit. A city or town may not
require any state agency or unit of local government to
secure the performance of a permit requirement with a surety
bond or other financial security device, including cash or
assigned account, as a condition of issuing a permit to that
unit of local government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access
alteration, or other amenities or alterations necessarily
associated with the project. [1993 c 439 § 1.]
(2002 Ed.)
Miscellaneous Provisions
35.21.475 Statement of restrictions applicable to
real property. (1) A property owner may make a written
request for a statement of restrictions applicable to a single
parcel, tract, lot, or block of real property to the city or town
in which the real property is located.
(2) Within thirty days of the receipt of the request, the
city or town shall provide the owner with a statement of
restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the
following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for
public hearing that would be applicable to the real property;
and
(c) Any designations made by the city or town pursuant
to chapter 36.70A RCW of any portion of the real property
as agricultural land, forest land, mineral resource land,
wetland, an area with a critical recharging effect on aquifers
used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological
hazardous area.
(4) If a city or town fails to provide the statement of
restrictions within thirty days after receipt of the written
request, the owner shall be awarded recovery of all
attorneys’ fees and costs incurred in any successful application for a writ of mandamus to compel production of a
statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate
contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block:
(i) Containing a single-family residence that is occupied by
the owner or a member of his or her family, or rented to
another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any
liability on the part of a city or town to pay damages for a
violation of this section. [1996 c 206 § 6.]
Effective date—1996 c 206 §§ 6-8: "Sections 6 through 8 of this act
take effect January 1, 1997." [1996 c 206 § 13.]
Findings—1996 c 206: See note following RCW 43.05.030.
35.21.500 Compilation, codification, revision of city
or town ordinances—Scope of codification. "Codification"
means the editing, rearrangement and/or grouping of ordinances under appropriate titles, parts, chapters and sections
and includes but is not limited to the following:
(1) Editing ordinances to the extent deemed necessary
or desirable, for the purpose of modernizing and clarifying
the language of such ordinances, but without changing the
meaning of any such ordinance.
(2) Substituting for the term "this ordinance," where
necessary the term "section," "part," "code," "chapter,"
"title," or reference to specific section or chapter numbers,
as the case may require.
(3) Correcting manifest errors in reference to other
ordinances, laws and statutes, and manifest spelling, clerical
or typographical errors, additions, or omissions.
(2002 Ed.)
35.21.475
(4) Dividing long sections into two or more sections and
rearranging the order of sections to insure a logical arrangement of subject matter.
(5) Changing the wording of section captions, if any,
and providing captions to new chapters and sections.
(6) Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the
legislative intent. [1965 c 7 § 35.21.500. Prior: 1957 c 97
§ 1.]
35.21.510 Compilation, codification, revision of city
or town ordinances—Authorized. Any city or town may
prepare or cause to be prepared a codification of its ordinances. [1965 c 7 § 35.21.510. Prior: 1957 c 97 § 2.]
35.21.520 Compilation, codification, revision of city
or town ordinances—Adoption as official code of city.
Any city or town having heretofore prepared or caused to be
prepared, or now preparing or causing to be prepared, or that
hereafter prepares or causes to be prepared, a codification of
its ordinances may adopt such codification by enacting an
ordinance adopting such codification as the official code of
the city, provided the procedure and requirements of RCW
35.21.500 through 35.21.570 are complied with. [1965 c 7
§ 35.21.520. Prior: 1957 c 97 § 3.]
35.21.530 Compilation, codification, revision of city
or town ordinances—Filing—Notice of hearing. When a
city or town codifies its ordinances, it shall file a typewritten
or printed copy of the codification in the office of the city or
town clerk. After the first reading of the title of the adopting ordinance and of the title of the code to be adopted
thereby, the legislative body of the city or town shall
schedule a public hearing thereon. Notice of the hearing
shall be published once not more than fifteen nor less than
ten days prior to the hearing in the official newspaper of the
city, indicating that its ordinances have been compiled, or
codified and that a copy of such compilation or codification
is on file in the city or town clerk’s office for inspection.
The notice shall state the time and place of the hearing.
[1985 c 469 § 21; 1965 c 7 § 35.21.530. Prior: 1957 c 97
§ 4.]
35.21.540 Compilation, codification, revision of city
or town ordinances—Legislative body may amend, adopt,
or reject adopting ordinance—When official code. After
the hearing, the legislative body may amend, adopt, or reject
the adopting ordinance in the same manner in which it is
empowered to act in the case of other ordinances. Upon the
enactment of such adopting ordinance, the codification shall
be the official code of ordinances of the city or town. [1965
c 7 § 35.21.540. Prior: 1957 c 97 § 5.]
35.21.550 Compilation, codification, revision of city
or town ordinances—Copies as proof of ordinances.
Copies of such codes in published form shall be received
without further proof as the ordinances of permanent and
general effect of the city or town in all courts and administrative tribunals of this state. [1965 c 7 § 35.21.550. Prior:
1957 c 97 § 6.]
[Title 35 RCW—page 79]
35.21.550
Title 35 RCW: Cities and Towns
Ordinances, admissibility as evidence: RCW 5.44.080.
35.21.560 Compilation, codification, revision of city
or town ordinances—Adoption of new material. New
material shall be adopted by the city or town legislative body
as separate ordinances prior to the inclusion thereof in such
codification: PROVIDED, That any ordinance amending the
codification shall set forth in full the section or sections, or
subsection or subsections of the codification being amended,
as the case may be, and this shall constitute a sufficient
compliance with any statutory or charter requirement that no
ordinance or any section thereof shall be revised or amended
unless the new ordinance sets forth the revised ordinance or
amended section in full. [1965 c 7 § 35.21.560. Prior:
1961 c 70 § 1; 1957 c 97 § 7.]
35.21.570 Compilation, codification, revision of city
or town ordinances—Codification satisfies single subject,
title, and amendment requirements of statute or charter.
When a city or town shall make a codification of its ordinances in accordance with RCW 35.21.500 through
35.21.570 that shall constitute a sufficient compliance with
any statutory or charter requirements that no ordinance shall
contain more than one subject which shall be clearly
expressed in its title and that no ordinance or any section
thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in
full. [1965 c 7 § 35.21.570. Prior: 1957 c 97 § 8.]
35.21.590 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
35.21.630 Youth agencies—Establishment authorized. Any city, town, or county may establish a youth
agency to investigate, advise and act on, within the powers
of that municipality, problems relating to the youth of that
community, including employment, educational, economic
and recreational opportunities, juvenile delinquency and
dependency, and other youth problems and activities as that
municipality may determine. Any city, town, or county may
contract with any other city, town, or county to jointly
establish such a youth agency. [1965 ex.s. c 84 § 5.]
35.21.635 Juvenile curfews. (1) Any city or town has
the authority to enact an ordinance, for the purpose of
preserving the public safety or reducing acts of violence by
or against juveniles that are occurring at such rates as to be
beyond the capacity of the police to assure public safety,
establishing times and conditions under which juveniles may
be present on the public streets, in the public parks, or in
any other public place during specified hours.
(2) The ordinance shall not contain any criminal
sanctions for a violation of the ordinance. [1994 sp.s. c 7 §
502.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
35.21.640 Conferences to study regional and
governmental problems, counties and cities may establish.
See RCW 36.64.080.
[Title 35 RCW—page 80]
35.21.650 Prepayment of taxes or assessments
authorized. All moneys, assessments and taxes belonging
to or collected for the use of any city or town, including any
amounts representing estimates for future assessments and
taxes, may be deposited by any taxpayer prior to the due
date thereof with the treasurer or other legal depository for
the benefit of the funds to which they belong to be credited
against any future tax or assessment that may be levied or
become due from the taxpayer: PROVIDED, That the
taxpayer may with the concurrence of the treasurer designate
a particular fund of such city or town against which such
prepayment of tax or assessment is made. [1967 ex.s. c 66
§ 1.]
35.21.660 Demonstration Cities and Metropolitan
Development Act—Agreements with federal government—Scope of authority. Notwithstanding any other
provision of law, all cities shall have the power and authority
to enter into agreements with the United States or any
department or agency thereof, to carry out the purposes of
the Demonstration Cities and Metropolitan Development Act
of 1966 (PL 89-754; 80 Stat. 1255), and to plan, organize
and administer programs provided for in such contracts.
This power and authority shall include, but not be limited to,
the power and authority to create public corporations,
commissions and authorities to perform duties arising under
and administer programs provided for in such contracts and
to limit the liability of said public corporations, commissions, and authorities, in order to prevent recourse to such
cities, their assets, or their credit. [1971 ex.s. c 177 § 5;
1970 ex.s. c 77 § 1.]
Establishment of public corporations to administer federal grants and
programs: RCW 35.21.730 through 35.21.755.
35.21.670 Demonstration Cities and Metropolitan
Development Act—Powers and limitations of public
corporations, commissions or authorities created. Any
public corporation, commission or authority created as
provided in RCW 35.21.660, may be empowered to own and
sell real and personal property; to contract with individuals,
associations and corporations, and the state and the United
States; to sue and be sued; to loan and borrow funds; to do
anything a natural person may do; and to perform all manner
and type of community services and activities in furtherance
of an agreement by a city or by the public corporation,
commission or authority with the United States to carry out
the purposes of the Demonstration Cities and Metropolitan
Development Act of 1966: PROVIDED, That
(1) All liabilities incurred by such public corporation,
commission or authority shall be satisfied exclusively from
the assets and credit of such public corporation, commission
or authority; and no creditor or other person shall have any
recourse to the assets, credit or services of the municipal
corporation creating the same on account of any debts,
obligations or liabilities of such public corporation, commission or authority;
(2) Such public corporation, commission or authority
shall have no power of eminent domain nor any power to
levy taxes or special assessments;
(3) The name, the organization, the purposes and scope
of activities, the powers and duties of the officers, and the
(2002 Ed.)
Miscellaneous Provisions
disposition of property upon dissolution of such public
corporation, commission or authority shall be set forth in its
charter of incorporation or organization, or in a general
ordinance of the city or both. [1971 ex.s. c 177 § 7.]
35.21.680 Participation in Economic Opportunity
Act programs. The legislative body of any city or town, is
hereby authorized and empowered in its discretion by
resolution or ordinance passed by a majority of the legislative body, to take whatever action it deems necessary to
enable the city or town to participate in the programs set
forth in the Economic Opportunity Act of 1964 (Public Law
88-452; 78 Stat. 508), as amended. Such participation may
be engaged in as a sole city or town operation or in conjunction or cooperation with the state, any other city or town,
county, or municipal corporation, or any private corporation
qualified under said Economic Opportunity Act. [1971 ex.s.
c 177 § 3.]
35.21.685 Low-income housing—Loans and grants.
A city or town may assist in the development or preservation
of publicly or privately owned housing for persons of low
income by providing loans or grants of general municipal
funds to the owners or developers of the housing. The loans
or grants shall be authorized by the legislative authority of
the city or town. They may be made to finance all or a
portion of the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a
person or family of low income. As used in this section,
"low income" means income that does not exceed eighty
percent of the median income for the standard metropolitan
statistical area in which the city or town is located. Housing
constructed with loans or grants made under this section
shall not be considered public works or improvements
subject to competitive bidding or a purchase of services
subject to the prohibition against advance payment for
services: PROVIDED, That whenever feasible the borrower
or grantee shall make every reasonable and practicable effort
to utilize a competitive public bidding process. [1986 c 248
§ 1.]
35.21.687 Affordable housing—Inventory of suitable
housing. (1) Every city and town, including every code city
operating under Title 35A RCW, shall identify and catalog
real property owned by the city or town that is no longer
required for its purposes and is suitable for the development
of affordable housing for very low-income, low-income, and
moderate-income households as defined in RCW
43.63A.510. The inventory shall include the location,
approximate size, and current zoning classification of the
property. Every city and town shall provide a copy of the
inventory to the department of community, trade, and
economic development by November 1, 1993, with inventory
revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in 1994,
every city and town, including every code city operating
under Title 35A RCW, shall purge the inventory of real
property of sites that are no longer available for the development of affordable housing. The inventory revision shall
also contain a list of real property that has become available
since the last update. As used in this section, "real property"
(2002 Ed.)
35.21.670
means buildings, land, or buildings and land. [1995 c 399
§ 37; 1993 c 461 § 4.]
Finding—1993 c 461: See note following RCW 43.63A.510.
35.21.690 Authority to regulate auctioneers—
Limitations. A city or town shall not license auctioneers
that are licensed by the state under chapter 18.11 RCW other
than by requiring an auctioneer to obtain a general city or
town business license and by subjecting an auctioneer to a
city or town business and occupation tax. A city or town
shall not require auctioneers that are licensed by the state
under chapter 18.11 RCW to obtain bonding in addition to
the bonding required by the state. [1984 c 189 § 2.]
35.21.692 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a city or town license to operate a massage
business must provide verification of his or her state massage license as provided for in RCW 18.108.030.
(2) The city or town may charge a licensing or operating fee, but the fee charged a state licensed massage practitioner shall not exceed the licensing or operating fee imposed on similar health care providers, such as physical
therapists or occupational therapists, operating within the
same city or town.
(3) A state licensed massage practitioner is not subject
to additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 1.]
35.21.695 Authority to own and operate professional sports franchise. (1) Any city, code city, or county,
individually or collectively, may own and operate an existing
professional sports franchise when the owners of such
franchises announce their intention to sell or move a franchise.
(2) If a city, code city, or county purchases a professional sports franchise, a public corporation shall be created
to manage and operate the franchise. The public corporation
created under this section shall have all of the authorities
granted by RCW 35.21.730 through 35.21.757. [1987 c 32
§ 2.]
Legislative declaration—1987 c 32: "The legislature hereby declares
and finds that professional sports franchises are economic, cultural, and
entertainment assets to the state and that unilateral actions by the owners of
such franchises to move franchises to other locations result in a loss of
direct and indirect employment and national visibility for the state. The
legislature finds that the retention of professional sports franchises and the
enabling authority created by RCW 35.21.695 are public purposes and that
RCW 35.21.695 shall not be construed in any manner contrary to the
provisions of Article VIII, section 7, of the Washington state Constitution."
[1987 c 32 § 1.]
35.21.696 Newspaper carrier regulation. A city or
town, including a code city, may not license newspaper
carriers under eighteen years of age for either regulatory or
revenue-generating purposes. [1994 c 112 § 3.]
35.21.700 Tourist promotion. Any city or town in
this state acting through its council or other legislative body
shall have power to expend moneys and conduct promotion
of resources and facilities in the city or town, or general
[Title 35 RCW—page 81]
35.21.700
Title 35 RCW: Cities and Towns
area, by advertising, publicizing, or otherwise distributing
information for the purpose of attracting visitors and encouraging tourist expansion. [1971 ex.s. c 61 § 2.]
35.21.703 Economic development programs. It shall
be in the public purpose for all cities to engage in economic
development programs. In addition, cities may contract with
nonprofit corporations in furtherance of this and other acts
relating to economic development. [1985 c 92 § 1.]
35.21.706 Imposition or increase of business and
occupation tax—Referendum procedure required—
Exclusive procedure. Every city and town first imposing
a business and occupation tax or increasing the rate of the
tax after April 22, 1983, shall provide for a referendum
procedure to apply to an ordinance imposing the tax or
increasing the rate of the tax. This referendum procedure
shall specify that a referendum petition may be filed within
seven days of passage of the ordinance with a filing officer,
as identified in the ordinance. Within ten days, the filing
officer shall confer with the petitioner concerning form and
style of the petition, issue the petition an identification
number, and secure an accurate, concise, and positive ballot
title from the designated local official. The petitioner shall
have thirty days in which to secure the signatures of not less
than fifteen percent of the registered voters of the city, as of
the last municipal general election, upon petition forms
which contain the ballot title and the full text of the measure
to be referred. The filing officer shall verify the sufficiency
of the signatures on the petition and, if sufficient valid
signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at
a special election ballot as provided pursuant to RCW
35.17.260(2).
This referendum procedure shall be exclusive in all
instances for any city ordinance imposing a business and
occupation tax or increasing the rate of the tax and shall
supersede the procedures provided under chapters 35.17 and
35A.11 RCW and all other statutory or charter provisions for
initiative or referendum which might otherwise apply. [1983
c 99 § 6.]
Severability—1983 c 99: See note following RCW 82.14.200.
35.21.710 License fees or taxes on certain business
activities—Uniform rate required—Maximum rate
established. Any city which imposes a license fee or tax
upon business activities consisting of the making of retail
sales of tangible personal property which are measured by
gross receipts or gross income from such sales, shall impose
such tax at a single uniform rate upon all such business
activities. The taxing authority granted to cities for taxes
upon business activities measured by gross receipts or gross
income from sales shall not exceed a rate of .0020; except
that any city with an adopted ordinance at a higher rate, as
of January 1, 1982 shall be limited to a maximum increase
of ten percent of the January 1982 rate, not to exceed an
annual incremental increase of two percent of current rate:
PROVIDED, That any adopted ordinance which classifies
according to different types of business or services shall be
subject to both the ten percent and the two percent annual
incremental increase limitation on each tax rate: PRO[Title 35 RCW—page 82]
VIDED FURTHER, That all surtaxes on business and
occupation classifications in effect as of January 1, 1982,
shall expire no later than December 31, 1982, or by expiration date established by local ordinance. Cities which
impose a license fee or tax upon business activities consisting of the making of retail sales of tangible personal property which are measured by gross receipts or gross income
from such sales shall be required to submit an annual report
to the state auditor identifying the rate established and the
revenues received from each fee or tax. This section shall
not apply to any business activities subject to the tax
imposed by chapter 82.16 RCW. For purposes of this
section, the providing to consumers of competitive telephone
service, as defined in RCW 82.04.065, or the providing of
payphone service, shall be subject to tax at the same rate as
business activities consisting of the making of retail sales of
tangible personal property. As used in this section,
"payphone service" means making telephone service available to the public on a fee-per-call basis, independent of any
other commercial transaction, for the purpose of making
telephone calls, when the telephone can only be activated by
inserting coins, calling collect, using a calling card or credit
card, or dialing a toll-free number, and the provider of the
service owns or leases the telephone equipment but does not
own the telephone line providing the service to that equipment and has no affiliation with the owner of the telephone
line. [2002 c 179 § 1; 1983 2nd ex.s. c 3 § 33; 1983 c 99
§ 7; 1982 1st ex.s. c 49 § 7; 1981 c 144 § 6; 1972 ex.s. c
134 § 6.]
Effective date—2002 c 179: "This act takes effect July 1, 2002."
[2002 c 179 § 5.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—1983 c 99: See note following RCW 82.14.200.
Intent—1982 1st ex.s. c 49: "The legislature hereby recognizes the
concern of local governmental entities regarding the financing of vital
services to residents of this state. The legislature finds that local governments are an efficient and responsive means of providing these vital services
to the citizens of this state. It is the intent of the legislature that vital
services such as public safety, public health, and fire protection be
recognized by all local governmental entities in this state as top priorities
of the citizens of Washington." [1982 1st ex.s. c 49 § 1.]
Construction—1982 1st ex.s. c 49: "Nothing in this act precludes the
imposition of business and occupation taxes by cities and towns, or of sales
and use taxes. However, nothing in this act authorizes the imposition of a
business and occupation tax by any county." [1982 1st ex.s. c 49 § 6.]
Effective date—1982 1st ex.s. c 49: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately, except section 5 of this act shall take effect July 1,
1982." [1982 1st ex.s. c 49 § 25.]
Fire district funding—1982 1st ex.s. c 49: "County legislative
authorities who levy optional taxes pursuant to this act shall fully consider
funding for fire districts within their respective jurisdictions during the
county budget process.
The local government committees of the legislature shall study fire
district services and funding and shall report back to the Washington State
Legislature by December 31, 1982." [1982 1st ex.s. c 49 § 23.]
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
License fees and taxes on financial institutions: Chapter 82.14A RCW.
35.21.711 License fees or taxes on certain business
activities—Excess rates authorized by voters. The
qualified voters of any city or town may by majority vote
(2002 Ed.)
Miscellaneous Provisions
approve rates in excess of the provisions of RCW 35.21.710.
[1982 1st ex.s. c 49 § 8.]
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
35.21.712 License fees or taxes on telephone
business to be at uniform rate. Any city which imposes a
license fee or tax upon the business activity of engaging in
the telephone business, as defined in RCW 82.04.065, which
is measured by gross receipts or gross income from the
business shall impose the tax at a uniform rate on all persons
engaged in the telephone business in the city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the
providing of payphone service as defined in RCW 35.21.710.
[2002 c 179 § 2; 1983 2nd ex.s. c 3 § 35; 1981 c 144 § 8.]
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
35.21.714 License fees or taxes on telephone
business—Imposition on certain gross revenues authorized—Limitations. (Contingent expiration date.) (1) Any
city which imposes a license fee or tax upon the business
activity of engaging in the telephone business which is
measured by gross receipts or gross income may impose the
fee or tax, if it desires, on one hundred percent of the total
gross revenue derived from intrastate toll telephone services
subject to the fee or tax: PROVIDED, That the city shall
not impose the fee or tax on that portion of network telephone service which represents charges to another telecommunications company, as defined in RCW 80.04.010, for
connecting fees, switching charges, or carrier access charges
relating to intrastate toll telephone services, or for access to,
or charges for, interstate services, or charges for network
telephone service that is purchased for the purpose of resale,
or charges for mobile telecommunications services provided
to customers whose place of primary use is not within the
city.
(2) Any city that imposes a license tax or fee under
subsection (1) of this section has the authority, rights, and
obligations of a taxing jurisdiction as provided in RCW
82.32.490 through 82.32.510.
(3) The definitions in RCW 82.04.065 apply to this
section. [2002 c 67 § 9; 1989 c 103 § 1; 1986 c 70 § 1;
1983 2nd ex.s. c 3 § 37; 1981 c 144 § 10.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Severability—1989 c 103: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 103 § 5.]
Effective date—1986 c 70 §§ 1, 2, 4, and 5: "Sections 1, 2, 4, and
5 of this act shall take effect on January 1, 1987." [1986 c 70 § 8.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
(2002 Ed.)
35.21.711
35.21.714 License fees or taxes on telephone
business—Imposition on certain gross revenues authorized—Limitations. (Contingent effective date.) Any city
which imposes a license fee or tax upon the business activity
of engaging in the telephone business, as defined in RCW
82.04.065, which is measured by gross receipts or gross
income may impose the fee or tax, if it desires, on one
hundred percent of the total gross revenue derived from
intrastate toll telephone services subject to the fee or tax:
PROVIDED, That the city shall not impose the fee or tax on
that portion of network telephone service, as defined in
RCW 82.04.065, which represents charges to another
telecommunications company, as defined in RCW 80.04.010,
for connecting fees, switching charges, or carrier access
charges relating to intrastate toll telephone services, or for
access to, or charges for, interstate services, or charges for
network telephone service that is purchased for the purpose
of resale. [1989 c 103 § 1; 1986 c 70 § 1; 1983 2nd ex.s.
c 3 § 37; 1981 c 144 § 10.]
Severability—1989 c 103: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 103 § 5.]
Effective date—1986 c 70 §§ 1, 2, 4, and 5: "Sections 1, 2, 4, and
5 of this act shall take effect on January 1, 1987." [1986 c 70 § 8.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
35.21.715 Taxes on network telephone services.
Notwithstanding RCW 35.21.714 or 35A.82.060, any city or
town which imposes a tax upon business activities measured
by gross receipts or gross income from sales, may impose
such tax on that portion of network telephone service, as
defined in RCW 82.04.065, which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll services, or charges
for network telephone service that is purchased for the
purpose of resale. Such tax shall be levied at the same rate
as is applicable to other competitive telephone service as
defined in RCW 82.04.065. [1989 c 103 § 2; 1986 c 70 §
2.]
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 §§ 1, 2, 4, and 5: See note following
RCW 35.21.714.
35.21.717 Taxation of internet services—
Moratorium. Until July 1, 2004, a city or town may not
impose any new taxes or fees specific to internet service
providers. A city or town may tax internet service providers
under generally applicable business taxes or fees, at a rate
not to exceed the rate applied to a general service classification. For the purposes of this section, "internet service" has
the same meaning as in RCW 82.04.297. [2002 c 181 § 1;
1999 c 307 § 1; 1997 c 304 § 2.]
Findings—1997 c 304: "The legislature finds that the newly
emerging business of providing internet service is providing widespread
benefits to all levels of society. The legislature further finds that this
business is important to our state’s continued growth in the high-technology
sector of the economy and that, as this industry emerges, it should not be
burdened by new taxes that might not be appropriate for the type of service
[Title 35 RCW—page 83]
35.21.717
Title 35 RCW: Cities and Towns
being provided. The legislature further finds that there is no clear statutory
guidance as to how internet services should be classified for tax purposes
and intends to ratify the state’s current treatment of such services." [1997
c 304 § 1.]
Severability—1997 c 304: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 304 § 6.]
Effective date—1997 c 304: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 9, 1997]." [1997 c 304 § 7.]
35.21.718 State route No. 16—Tax on operation
prohibited. A city or town may not impose a tax on
amounts received from operating state route number 16
corridor transportation systems and facilities constructed and
operated under chapter 47.46 RCW. [1998 c 179 § 2.]
Finding—1998 c 179: "The legislature finds and declares that the
people of the state may not enjoy the full benefits of public-private initiative
for state route number 16 corridor improvements due to the many taxes that
may apply to this project. Generally these taxes would not apply if the state
built these projects through traditional financing and construction methods.
These tax exemptions will reduce the cost of the project, allow lower tolls,
and reduce the time for which tolls are charged." [1998 c 179 § 1.]
35.21.720 City contracts to obtain sheriff’s office
law enforcement services. See RCW 41.14.250 through
41.14.280.
35.21.730 Public corporations—Powers of cities,
towns, and counties—Administration. In order to improve
the administration of authorized federal grants or programs,
to improve governmental efficiency and services, or to
improve the general living conditions in the urban areas of
the state, any city, town, or county may by lawfully adopted
ordinance or resolution:
(1) Transfer to any public corporation, commission, or
authority created under this section, with or without consideration, any funds, real or personal property, property
interests, or services;
(2) Organize and participate in joint operations or
cooperative organizations funded by the federal government
when acting solely as coordinators or agents of the federal
government;
(3) Continue federally-assisted programs, projects, and
activities after expiration of contractual term or after expending allocated federal funds as deemed appropriate to fulfill
contracts made in connection with such agreements or as
may be proper to permit an orderly readjustment by participating corporations, associations, or individuals;
(4) Enter into contracts with public corporations,
commissions, and authorities for the purpose of exercising
any powers of a community renewal agency under chapter
35.81 RCW; and
(5) Create public corporations, commissions, and
authorities to: Administer and execute federal grants or
programs; receive and administer private funds, goods, or
services for any lawful public purpose; and perform any
lawful public purpose or public function. The ordinance or
resolution shall limit the liability of such public corporations,
commissions, and authorities to the assets and properties of
such public corporation, commission, or authority in order to
prevent recourse to such cities, towns, or counties or their
[Title 35 RCW—page 84]
assets or credit. [2002 c 218 § 23; 1985 c 332 § 1; 1974
ex.s. c 37 § 2.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.21.735 Public corporations—Declaration of
public purpose—Power and authority to enter into
agreements, receive and expend funds—Security. (1) The
legislature hereby declares that carrying out the purposes of
federal grants or programs is both a public purpose and an
appropriate function for a city, town, county, or public
corporation. The provisions of RCW 35.21.730 through
35.21.755 and RCW 35.21.660 and 35.21.670 and the
enabling authority herein conferred to implement these
provisions shall be construed to accomplish the purposes of
RCW 35.21.730 through 35.21.755.
(2) All cities, towns, counties, and public corporations
shall have the power and authority to enter into agreements
with the United States or any agency or department thereof,
or any agency of the state government or its political
subdivisions, and pursuant to such agreements may receive
and expend, or cause to be received and expended by a
custodian or trustee, federal or private funds for any lawful
public purpose. Pursuant to any such agreement, a city,
town, county, or public corporation may issue bonds, notes,
or other evidences of indebtedness that are guaranteed or
otherwise secured by funds or other instruments provided by
or through the federal government or by the federal government or an agency or instrumentality thereof under section
108 of the housing and community development act of 1974
(42 U.S.C. Sec. 5308), as amended, or its successor, and
may agree to repay and reimburse for any liability thereon
any guarantor of any such bonds, notes, or other evidences
of indebtedness issued by such jurisdiction or public corporation, or issued by any other public entity. For purposes of
this subsection federal housing mortgage insurance shall not
constitute a federal guarantee or security.
(3) A city, town, county, or public corporation may
pledge, as security for any such bonds, notes, or other
evidences of indebtedness or for its obligations to repay or
reimburse any guarantor thereof, its right, title, and interest
in and to any or all of the following: (a) Any federal grants
or payments received or that may be received in the future;
(b) any of the following that may be obtained directly or
indirectly from the use of any federal or private funds
received as authorized in this section: (i) Property and
interests therein, and (ii) revenues; (c) any payments received or owing from any person resulting from the lending
of any federal or private funds received as authorized in this
section; (d) any proceeds under (a), (b), or (c) of this
subsection and any securities or investments in which (a),
(b), or (c) of this subsection or proceeds thereof may be
invested; (e) any interest or other earnings on (a), (b), (c), or
(d) of this subsection.
(4) A city, town, county, or public corporation may
establish one or more special funds relating to any or all of
the sources listed in subsection (3)(a) through (e) of this
section and pay or cause to be paid from such fund the
principal, interest, premium if any, and other amounts
payable on any bonds, notes, or other evidences of indebtedness authorized under this section, and pay or cause
to be paid any amounts owing on any obligations for
(2002 Ed.)
Miscellaneous Provisions
repayment or reimbursement of guarantors of any such
bonds, notes, or other evidences of indebtedness. A city,
town, county, or public corporation may contract with a
financial institution either to act as trustee or custodian to
receive, administer, and expend any federal or private funds,
or to collect, administer, and make payments from any
special fund as authorized under this section, or both, and to
perform other duties and functions in connection with the
transactions authorized under this section. If the bonds,
notes, or other evidences of indebtedness and related
agreements comply with subsection (6) of this section, then
any such funds held by any such trustee or custodian, or by
a public corporation, shall not constitute public moneys or
funds of any city, town, or county and at all times shall be
kept segregated and set apart from other funds.
(5) For purposes of this section, "lawful public purpose"
includes, without limitation, any use of funds, including
loans thereof to public or private parties, authorized by the
agreements with the United States or any department or
agency thereof under which federal or private funds are
obtained, or authorized under the federal laws and regulations pertinent to such agreements.
(6) If any such federal or private funds are loaned or
granted to any private party or used to guarantee any
obligations of any private party, then any bonds, notes, other
evidences of indebtedness issued or entered into for the
purpose of receiving or causing the receipt of such federal or
private funds, and any agreements to repay or reimburse
guarantors, shall not be obligations of any city, town, or
county and shall be payable only from a special fund as
authorized in this section or from any of the security pledged
pursuant to the authority of this section, or both. Any bonds,
notes, or other evidences of indebtedness to which this
subsection applies shall contain a recital to the effect that
they are not obligations of the city, town, or county or the
state of Washington and that neither the faith and credit nor
the taxing power of the state or any municipal corporation or
subdivision of the state or any agency of any of the foregoing, is pledged to the payment of principal, interest, or
premium, if any, thereon. Any bonds, notes, other evidences
of indebtedness, or other obligations to which this subsection
applies shall not be included in any computation for purposes of limitations on indebtedness. To the extent expressly
agreed in writing by a city, town, county, or public corporation, this subsection shall not apply to bonds, notes, or other
evidences of indebtedness issued for, or obligations incurred
for, the necessary support of the poor and infirm by that city,
town, county, or public corporation.
(7) Any bonds, notes, or other evidences of indebtedness
issued by, or reimbursement obligations incurred by, a city,
town, county, or public corporation consistent with the
provisions of this section but prior to May 3, 1995, and any
loans or pledges made by a city, town, or county in connection therewith substantially consistent with the provisions of
this section but prior to May 3, 1995, are deemed authorized
and shall not be held void, voidable, or invalid due to any
lack of authority under the laws of this state. [1995 c 212
§ 2; 1985 c 332 § 3; 1974 ex.s. c 37 § 3.]
Purpose—1995 c 212: "The purpose of this act is to assist community and economic development by clarifying the authority of all cities, towns,
counties, and public corporations to engage in federally guaranteed "conduit
financings" and to specify procedures that may be used for such conduit
(2002 Ed.)
35.21.735
financings. Generally, in such a conduit financing a municipality borrows
funds from the federal government or from private sources with the help of
federal guarantees, without pledging the credit or tax revenues of the
municipality, and then lends the proceeds for private projects that both
fulfill public purposes, such as community and economic development, and
provide the revenues to retire the municipal borrowings. Such conduit
financings include issuance by municipalities of federally guaranteed notes
under section 108 of the housing and community development act of 1974,
as amended, to finance projects eligible under federal community development block grant regulations." [1995 c 212 § 1.]
Severability—1995 c 212: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 212 § 3.]
Construction—1995 c 212: "The authority granted by this act is
additional and supplemental to any other authority of any city, town, county,
or public corporation. Nothing in this act may be construed to imply that
any of the power or authority granted hereby was not available to any city,
town, county, or public corporation under prior law. Any previous actions
consistent with the provisions of this act are ratified and confirmed." [1995
c 212 § 4.]
Effective date—1995 c 212: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 3, 1995]." [1995 c 212 § 5.]
35.21.740 Public corporations—Exercise of powers,
authorities, or rights—Territorial jurisdiction. Powers,
authorities, or rights expressly or impliedly granted to any
city, town, or county or their agents under any provision of
RCW 35.21.730 through 35.21.755 shall not be operable or
applicable, or have any effect beyond the limits of the
incorporated area of any city or town implementing RCW
35.21.730 through 35.21.755, unless so provided by contract
between the city and another city or county. [1985 c 332 §
4; 1974 ex.s. c 37 § 4.]
35.21.745 Public corporations—Provision for,
control over—Powers. (1) Any city, town, or county which
shall create a public corporation, commission, or authority
pursuant to RCW 35.21.730 or 35.21.660, shall provide for
its organization and operations and shall control and oversee
its operation and funds in order to correct any deficiency and
to assure that the purposes of each program undertaken are
reasonably accomplished.
(2) Any public corporation, commission, or authority
created as provided in RCW 35.21.730 may be empowered
to own and sell real and personal property; to contract with
a city, town, or county to conduct community renewal
activities under chapter 35.81 RCW; to contract with
individuals, associations, and corporations, and the state and
the United States; to sue and be sued; to loan and borrow
funds and issue bonds and other instruments evidencing
indebtedness; transfer any funds, real or personal property,
property interests, or services; to do anything a natural
person may do; and to perform all manner and type of
community services. However, the public corporation,
commission, or authority shall have no power of eminent
domain nor any power to levy taxes or special assessments.
[2002 c 218 § 24; 1985 c 332 § 2; 1974 ex.s. c 37 § 5.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.21.747 Public corporations—Real property
transferred by city, town, or county—Restrictions, notice,
[Title 35 RCW—page 85]
35.21.747
Title 35 RCW: Cities and Towns
public meeting. (1) In transferring real property to a public
corporation, commission, or authority under RCW 35.21.730,
the city, town, or county creating such public corporation,
commission, or authority shall impose appropriate deed
restrictions necessary to ensure the continued use of such
property for the public purpose or purposes for which such
property is transferred.
(2) The city, town, or county that creates a public
corporation, commission, or authority under RCW 35.21.730
shall require of such public corporation, commission, or
authority thirty days’ advance written notice of any proposed
sale or encumbrance of any real property transferred by such
city, town, or county to such public corporation, commission,
or authority pursuant to RCW 35.21.730(1). At a minimum,
such notice shall be provided by such public corporation,
commission, or authority to the chief executive or administrative officer of such city, town, or county, and to all
members of its legislative body, and to each local newspaper
of general circulation, and to each local radio or television
station or other news medium which has on file with such
corporation, commission, or authority a written request to be
notified.
(3) Any property transferred by the city, town, or county
that created such public corporation, commission, or authority may be sold or encumbered by such public corporation,
commission, or authority only after approval of such sale or
encumbrance by the governing body of the public corporation, commission, or authority at a public meeting of which
notice was provided pursuant to RCW 42.30.080. Nothing
in this section shall be construed to prevent the governing
body of the public corporation, commission, or authority
from holding an executive session during a regular or special
meeting in accordance with RCW 42.30.110(1)(c). In
addition, the public corporation, commission, or authority
shall advertise notice of the meeting in a local newspaper of
general circulation at least twice no less than seven days and
no more than two weeks before the public meeting. [1990
c 189 § 1.]
35.21.750 Public corporations—Insolvency or
dissolution. In the event of the insolvency or dissolution of
a public corporation, commission, or authority, the superior
court of the county in which the public corporation, commission, or authority is or was operating shall have jurisdiction and authority to appoint trustees or receivers of corporate property and assets and supervise such trusteeship or
receivership: PROVIDED, That all liabilities incurred by
such public corporation, commission, or authority shall be
satisfied exclusively from the assets and properties of such
public corporation, commission, or authority and no creditor
or other person shall have any right of action against the
city, town, or county creating such corporation, commission
or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority.
[1974 ex.s. c 37 § 6.]
35.21.755 Public corporations—Exemption or
immunity from taxation—In lieu excise tax. (1) A public
corporation, commission, or authority created pursuant to
RCW 35.21.730, 35.21.660, or 81.112.320 shall receive the
same immunity or exemption from taxation as that of the
[Title 35 RCW—page 86]
city, town, or county creating the same: PROVIDED, That,
except for (a) any property within a special review district
established by ordinance prior to January 1, 1976, or listed
on or which is within a district listed on any federal or state
register of historical sites or (b) any property owned,
operated, or controlled by a public corporation that is used
primarily for low-income housing, or that is used as a
convention center, performing arts center, public assembly
hall, public meeting place, public esplanade, street, public
way, public open space, park, public utility corridor, or view
corridor for the general public or (c) any blighted property
owned, operated, or controlled by a public corporation that
was acquired for the purpose of remediation and redevelopment of the property in accordance with an agreement or
plan approved by the city, town, or county in which the
property is located, or (d) any property owned, operated, or
controlled by a public corporation created under RCW
81.112.320, any such public corporation, commission, or
authority shall pay to the county treasurer an annual excise
tax equal to the amounts which would be paid upon real
property and personal property devoted to the purposes of
such public corporation, commission, or authority were it in
private ownership, and such real property and personal
property is acquired and/or operated under RCW 35.21.730
through 35.21.755, and the proceeds of such excise tax shall
be allocated by the county treasurer to the various taxing
authorities in which such property is situated, in the same
manner as though the property were in private ownership:
PROVIDED FURTHER, That the provisions of chapter
82.29A RCW shall not apply to property within a special
review district established by ordinance prior to January 1,
1976, or listed on or which is within a district listed on any
federal or state register of historical sites and which is
controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21.730 or 35.21.660, which was
in existence prior to January 1, 1987: AND PROVIDED
FURTHER, That property within a special review district
established by ordinance prior to January 1, 1976, or property which is listed on any federal or state register of
historical sites and controlled by a public corporation,
commission, or authority created pursuant to RCW 35.21.730
or 35.21.660, which was in existence prior to January 1,
1976, shall receive the same immunity or exemption from
taxation as if such property had been within a district listed
on any such federal or state register of historical sites as of
January 1, 1976, and controlled by a public corporation,
commission, or authority created pursuant to RCW 35.21.730
or 35.21.660 which was in existence prior to January 1,
1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted
for family size, not exceeding fifty percent of the area
median income.
(b) "Area median income" means:
(i) For an area within a standard metropolitan statistical
area, the area median income reported by the United States
department of housing and urban development for that
standard metropolitan statistical area; or
(ii) For an area not within a standard metropolitan
statistical area, the county median income reported by the
department of community, trade, and economic development.
(2002 Ed.)
Miscellaneous Provisions
(c) "Blighted property" means property that is contaminated with hazardous substances as defined under RCW
70.105D.020(7). [2000 2nd sp.s. c 4 § 29; 1999 c 266 § 1;
1995 c 399 § 38; 1993 c 220 § 1; 1990 c 131 § 1; 1987 c
282 § 1; 1985 c 332 § 5; 1984 c 116 § 1; 1979 ex.s. c 196
§ 9; 1977 ex.s. c 35 § 1; 1974 ex.s. c 37 § 7.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
Effective date—1977 ex.s. c 35: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 35 § 2.]
35.21.756 Tax exemption—Sales/leasebacks by
regional transit authorities. A city or town may not
impose taxes on amounts received as lease payments paid by
a seller/lessee to a lessor under a sale/leaseback agreement
under RCW 81.112.300 in respect to tangible personal
property used by the seller/lessee, or to the purchase amount
paid by the lessee under an option to purchase at the end of
the lease term. [2000 2nd sp.s. c 4 § 28.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
35.21.757 Public corporations—Statutes to be
construed consistent with state Constitution. Nothing in
RCW 35.21.730 through 35.21.755 shall be construed in any
manner contrary to the provisions of Article VIII, section 7,
of the Washington state Constitution. [1985 c 332 § 6.]
35.21.755
the two counties if: (1) The county in which the urban
emergency medical service district is located does not
impose an emergency medical service levy authorized under
RCW 84.52.069; and (2) the other county in which the city
or town is located does impose an emergency medical
service levy authorized under RCW 84.52.069. The ordinance creating the district may only be adopted after a public
hearing has been held on the creation of the district and the
council makes a finding that it is in the public interest to
create the district. The members of the city or town council,
acting in an ex officio capacity and independently, shall
compose the governing body of the urban emergency
medical service district. The voters of an urban emergency
medical service district shall be all registered voters residing
within the urban emergency medical service district.
An urban emergency medical service district shall be a
quasi-municipal corporation and an independent taxing
"authority" within the meaning of Article VII, section 1 of
the state Constitution. Urban emergency medical service
districts shall also be "taxing districts" within the meaning of
Article VII, section 2 of the state Constitution.
An urban emergency medical service district shall have
the authority to contract under chapter 39.34 RCW with a
county, city, town, fire protection district, public hospital
district, or emergency medical service district to have
emergency medical services provided within its boundaries.
Territory located in the same county as an urban
emergency medical service district that is annexed by the
city or town must automatically be annexed to the urban
emergency medical service district. [1994 c 79 § 1.]
Levy for emergency medical care and services: RCW 84.52.069.
35.21.759 Public corporations, commissions, and
authorities—Applicability of general laws. A public
corporation, commission, or authority created under this
chapter, and officers and multimember governing body
thereof, are subject to general laws regulating local governments, multimember governing bodies, and local governmental officials, including, but not limited to, the requirement to
be audited by the state auditor and various accounting
requirements provided under chapter 43.09 RCW, the open
public record requirements of chapter 42.17 RCW, the
prohibition on using its facilities for campaign purposes
under RCW 42.17.130, the open public meetings law of
chapter 42.30 RCW, the code of ethics for municipal officers
under chapter 42.23 RCW, and the local government
whistleblower law under chapter 42.41 RCW. [1999 c 246
§ 1.]
35.21.765 Fire protection, ambulance or other
emergency services provided by municipal corporation
within county—Financial and other assistance by county
authorized. See RCW 36.32.470.
35.21.760 Legal interns—Employment authorized.
Notwithstanding any other provision of law, the city attorney, corporation counsel, or other chief legal officer of any
city or town may employ legal interns as otherwise authorized by statute or court rule. [1974 ex.s. c 7 § 1.]
35.21.768 Ambulance services—Excise taxes
authorized—Use of proceeds. The legislative authority of
any city or town is authorized to adopt ordinances for the
levy and collection of excise taxes and/or for the imposition
of an additional tax for the act or privilege of engaging in
the ambulance business. Such business and occupation tax
shall be imposed in such amounts as fixed and determined
by the legislative authority.
The excise taxes other than the business and occupation
tax authorized by this section shall be levied and collected
from all persons, businesses, and industries who are served
and billed for said ambulance service owned and operated or
contracted for by the city or town in such amounts as shall
35.21.762 Urban emergency medical service districts—Creation authorized in city or town with territory
in two counties. The council of a city or town that has
territory included in two counties may adopt an ordinance
creating an urban emergency medical service district in all
of the portion of the city or town that is located in one of
(2002 Ed.)
35.21.766 Ambulance services—Establishment
authorized. Whenever the legislative authority of any city
or town determines that the city or town or a substantial
portion of the city or town is not adequately served by
existing private ambulance service, the legislative authority
may by appropriate legislation provide for the establishment
of a system of ambulance service to be operated as a public
utility of the city or town or operated by contract after a call
for bids. [1975 1st ex.s. c 24 § 1.]
Ambulance services by counties authorized: RCW 36.01.100.
[Title 35 RCW—page 87]
35.21.768
Title 35 RCW: Cities and Towns
be fixed and determined by the legislative authority of the
city or town.
All taxes authorized pursuant to this section shall be
construed to be taxes other than a retail sales tax defined in
chapter 82.08 RCW and a use tax defined in chapter 82.12
RCW, and the city or town shall appropriate and use the
proceeds derived from all taxes authorized by this section
only for the operation, maintenance and capital needs of its
municipally owned, operated, leased or contracted for
ambulance service. [1975 1st ex.s. c 24 § 2.]
35.21.769 Levy for emergency medical care and
services. See RCW 84.52.069.
35.21.770 Members of legislative bodies authorized
to serve as volunteer fire fighters, volunteer ambulance
personnel, or reserve law enforcement officers. Notwithstanding any other provision of law, the legislative body of
any city or town, by resolution adopted by a two-thirds vote
of the full legislative body, may authorize any of its members to serve as volunteer fire fighters, volunteer ambulance
personnel, or reserve law enforcement officers, or two or
more of such positions, and to receive the same compensation, insurance, and other benefits as are applicable to other
volunteer fire fighters, volunteer ambulance personnel, or
reserve law enforcement officers employed by the city or
town. [1997 c 65 § 1; 1993 c 303 § 1; 1974 ex.s. c 60 § 1.]
35.21.775 Provision of fire protection services to
state-owned facilities. Subject to the provisions of RCW
35.21.779, whenever a city or town has located within its
territorial limits facilities, except those leased to a nontaxexempt person or organization, owned by the state or an
agency or institution of the state, the state or agency or
institution owning such facilities and the city or town may
contract for an equitable share of fire protection services for
the protection and safety of personnel and property, pursuant
to chapter 39.34 RCW, as now or hereafter amended.
Nothing in this section shall be construed to require the state,
or any state agency or institution, to contract for services
which are performed by the staff and equipment of such an
entity or by a fire protection district pursuant to RCW
52.30.020. [1992 c 117 § 4; 1985 c 6 § 4; 1984 c 230 § 82;
1983 c 146 § 1; 1979 ex.s. c 102 § 1.]
Findings—1992 c 117: "The legislature finds that certain state-owned
facilities and institutions impose a financial burden on the cities and towns
responsible for providing fire protection services to those state facilities.
The legislature endeavors pursuant to chapter 117, Laws of 1992, to
establish a process whereby cities and towns that have a significant share
of their total assessed valuation taken up by state-owned facilities can enter
into fire protection contracts with state agencies or institutions to provide a
share of the jurisdiction’s fire protection funding." [1992 c 117 § 3.]
35.21.778 Existing contracts for fire protection
services and equipment not abrogated. Nothing in chapter
117, Laws of 1992, shall be interpreted to abrogate existing
contracts for fire protection services and equipment, nor be
deemed to authorize cities and towns to negotiate additional
contractual provisions to apply prior to the expiration of such
existing contracts. Upon expiration of contracts negotiated
prior to March 31, 1992, future contracts between such cities
and towns and state agencies and institutions shall be
[Title 35 RCW—page 88]
governed by the provisions of RCW 35.21.775 and
35.21.779. [1992 c 117 § 5.]
Findings—1992 c 117: See note following RCW 35.21.775.
35.21.779 Fire protection services for state-owned
facilities—Contracts with the department of community,
trade, and economic development—Consolidation of
negotiations with multiple state agencies—Arbitration.
(1) In cities or towns where the estimated value of stateowned facilities constitutes ten percent or more of the total
assessed valuation, the state agency or institution owning the
facilities shall contract with the city or town to pay an
equitable share for fire protection services. The contract
shall be negotiated as provided in subsections (2) through (6)
of this section and shall provide for payment by the agency
or institution to the city or town.
(2) A city or town seeking to enter into fire protection
contract negotiations shall provide written notification to the
department of community, trade, and economic development
and the state agencies or institutions that own property
within the jurisdiction, of its intent to contract for fire
protection services. Where there are multiple state agencies
located within a single jurisdiction, a city may choose to
notify only the department of community, trade, and economic development, which in turn shall notify the agencies
or institution that own property within the jurisdiction of the
city’s intent to contract for fire protection services. Any
such notification shall be based on the valuation procedures,
based on commonly accepted standards, adopted by the
department of community, trade, and economic development
in consultation with the department of general administration
and the association of Washington cities.
(3) The department of community, trade, and economic
development shall review any such notification to ensure that
the valuation procedures and results are accurate. The
department will notify each affected city or town and state
agency or institution of the results of their review within
thirty days of receipt of notification.
(4) The parties negotiating fire protection contracts
under this section shall conduct those negotiations in good
faith. Whenever there are multiple state agencies located
within a single jurisdiction, every effort shall be made by the
state to consolidate negotiations on behalf of all affected
agencies.
(5) In the event of notification by one of the parties that
an agreement cannot be reached on the terms and conditions
of a fire protection contract, the director of the department
of community, trade, and economic development shall
mediate a resolution of the disagreement. In the event of a
continued impasse, the director of the department of community, trade, and economic development shall recommend a
resolution.
(6) If the parties reject the recommendation of the
director and an impasse continues, the director shall direct
the parties to arbitration. The parties shall agree on a neutral
arbitrator, and the fees and expenses of the arbitrator shall be
shared equally between the parties. The arbitration shall be
a final offer, total arbitration, with the arbitrator empowered
only to pick the final offer of one of the parties or the
recommended resolution by the director of the department of
community, trade, and economic development. The decision
(2002 Ed.)
Miscellaneous Provisions
of the arbitrator shall be final, binding, and nonappealable on
the parties.
(7) The provisions of this section shall not apply if a
city or town and a state agency or institution have contracted
pursuant to RCW 35.21.775.
(8) The provisions of this section do not apply to cities
and towns not meeting the conditions in subsection (1) of
this section. Cities and towns not meeting the conditions of
subsection (1) of this section may enter into contracts
pursuant to RCW 35.21.775. [1995 c 399 § 39; 1992 c 117
§ 6.]
Findings—1992 c 117: See note following RCW 35.21.775.
35.21.780 Laws, rules and regulations applicable to
cities 500,000 or over deemed applicable to cities 400,000
or over. On and after June 12, 1975, every law and rule or
regulation of the state or any agency thereof which immediately prior to June 12, 1975 related to cities of five hundred
thousand population or over shall be deemed to be applicable
to cities of four hundred thousand population or over. [1975
c 33 § 1.]
Severability—1975 c 33: "If any provision of this 1975 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975 c 33 § 7.]
35.21.790 Revision of corporate boundary within
street, road, or highway right of way by substituting
right of way line—Not subject to review. (1) The governing bodies of a county and any city or town located therein
may by agreement revise any part of the corporate boundary
of the city or town which coincides with the centerline, edge,
or any portion of a public street, road or highway right of
way by substituting therefor a right of way line of the same
public street, road or highway so as fully to include or fully
to exclude that segment of the public street, road or highway
from the corporate limits of the city or town.
(2) The revision of a corporate boundary as authorized
by this section shall become effective when approved by
ordinance of the city or town council or commission and by
ordinance or resolution of the county legislative authority.
Such a boundary revision is not subject to potential review
by a boundary review board. [1989 c 84 § 10; 1975 1st
ex.s. c 220 § 17.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Boundary line adjustment: RCW 35.13.300 through 35.13.330.
Use of right of way line as corporate boundary in incorporation proceeding—When right of way may be included in territory to be incorporated: RCW 35.02.170.
When right of way may be included in territory to be incorporated—Use of
right of way line as corporate boundary in annexation: RCW
35.13.290.
35.21.800 Foreign trade zones—Legislative finding,
intent. It is the finding of the legislature that foreign trade
zones serve an important public purpose by the creation of
employment opportunities within the state and that the
establishment of zones designed to accomplish this purpose
is to be encouraged. It is the further intent of the legislature
that the department of trade and economic development
provide assistance to entities planning to apply to the United
(2002 Ed.)
35.21.779
States for permission to establish such zones. [1985 c 466
§ 43; 1977 ex.s. c 196 § 3.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Effective date—1977 ex.s. c 196: See note following RCW
24.46.010.
35.21.805 Foreign trade zones—Authority to apply
for permission to establish, operate and maintain. A city
or town, as zone sponsor, may apply to the United States for
permission to establish, operate, and maintain foreign trade
zones: PROVIDED, That nothing herein shall be construed
to prevent these zones from being operated and financed by
a private corporation(s) on behalf of a city or town acting as
zone sponsor. [1977 ex.s. c 196 § 4.]
Effective date—1977 ex.s. c 196: See note following RCW
24.46.010.
35.21.810 Hydroplane races—Providing for
restrooms and other services in public parks for spectators—Admission fees—Authorized. Any city or town
may provide restrooms and other services in its public parks
to be used by spectators of any hydroplane race held on a
lake or river which is located adjacent to or within the city
or town, and in addition any city or town may charge
admission fees for persons to observe a hydroplane race
from public park property which is sufficient to defray the
costs of the city or town accommodating spectators, cleaning
up after the race, and other costs related to the hydroplane
race. Any city or town may authorize the organization
which sponsors a hydroplane race to provide restroom and
other services for the public on park property and may
authorize the organization to collect any admission fees
charged by the city or town. [1979 c 26 § 1.]
35.21.815 Hydroplane races—Levying of admission
charges declared public park purpose—Reversion
prohibited. It is hereby declared to be a legitimate public
park purpose for any city or town to levy an admission
charge for spectators to view hydroplane races from park
property. Property which has been conveyed to a city or
town by the state for exclusive use in the city’s or town’s
public park system or exclusively for public park, parkway,
and boulevard purposes shall not revert to the state upon the
levying of admission fees authorized in RCW 35.21.810.
[1979 c 26 § 2.]
35.21.820 Acquisition and disposal of vehicles for
commuter ride sharing by city employees. The power of
any city, town, county, other municipal corporation, or quasi
municipal corporation to acquire, hold, use, possess, and
dispose of motor vehicles for official business shall include,
but not be limited to, the power to acquire, hold, use,
possess, and dispose of motor vehicles for commuter ride
sharing by its employees, so long as such use is economical
and advantageous to the city, town, county, other municipal
corporation. [1979 c 111 § 11.]
Severability—1979 c 111: See note following RCW 46.74.010.
Ride sharing: Chapter 46.74 RCW.
[Title 35 RCW—page 89]
35.21.830
Title 35 RCW: Cities and Towns
35.21.830 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls
on rent is of statewide significance and is preempted by the
state. No city or town of any class may enact, maintain, or
enforce ordinances or other provisions which regulate the
amount of rent to be charged for single family or multiple
unit residential rental structures or sites other than properties
in public ownership, under public management, or properties
providing low-income rental housing under joint publicprivate agreements for the financing or provision of such
low-income rental housing. This section shall not be
construed as prohibiting any city or town from entering into
agreements with private persons which regulate or control
the amount of rent to be charged for rental properties. [1981
c 75 § 1.]
Applicability to floating home moorage sites—1981 c 75: "Nothing
in this act shall be construed to preempt local ordinances that relate to the
control of rents or other relationships at floating home moorage sites."
[1981 c 75 § 3.]
Severability—1981 c 75: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 75 § 4.]
35.21.840 Taxation of motor carriers of freight for
hire—Allocation of gross receipts. The following principles shall allocate gross receipts of a motor carrier of freight
for hire (called the "motor carrier" in this section) to prevent
multiple taxation by two or more municipalities. They shall
apply when two or more municipalities in this state impose
a license fee or tax for the act or privilege of engaging in
business activities; each municipality has a basis in local
activity for imposing its tax; and the gross receipts measured
by all taxing municipalities, added together, exceed the
motor carrier’s gross receipts.
(1) No municipality shall be entitled to an allocation of
the gross receipts of a motor carrier on account of the use of
its streets or highways when no pick-up or delivery occurs
therein.
(2) Gross receipts of a motor carrier derived within a
municipality, where it solicits orders and engages in business
activities that are a significant factor in holding the market
but where it maintains no office or terminal, shall be
allocated equally between the municipality providing the
local market and the municipality where the motor carrier’s
office or terminal is located. Where no such local solicitation and business activity occurs, all the gross receipts shall
be allocated to the municipality where the office or terminal
is located irrespective of the place of pick-up or delivery.
The word "terminal" means a location at which any three of
the following four occur: Dispatching takes place, from
which trucks operate or are serviced, personnel report and
receive assignments, and orders are regularly received from
the public.
(3) Gross receipts of a motor carrier that are not
attributable to transportation services, such as investment
income, truck repair, and rental of equipment, shall be
allocated to the office or terminal conducting such activities.
(4) Gross receipts of a motor carrier with an office or
terminal in two or more municipalities in this state shall be
allocated to the office or terminal at which the transportation
services commenced. [1982 c 169 § 1.]
[Title 35 RCW—page 90]
Applicability—1982 c 169: "This act applies to motor carriers of
freight for hire only. Nothing in this act applies to a person engaged in the
business of making sales at retail or wholesale or of providing storage
services for tangible personal property." [1982 c 169 § 4.]
Motor freight carriers: Chapter 81.80 RCW.
Municipal business and occupation tax authorized: RCW 35.95.040.
35.21.845 Taxation of motor carriers of freight for
hire—Tax allocation formula. A motor carrier of freight
for hire whose gross receipts are subject to multiple taxation
by two or more municipalities in this state may request and
thereupon shall be given a joint audit of the taxpayer’s books
and records by all of the taxing authorities seeking to tax all
or part of such gross receipts. Such taxing authorities shall
agree upon and establish a tax allocation formula which shall
be binding upon the taxpayer and the taxing authorities
participating in the audit or receiving a copy of such request
from the taxpayer. Payment by the taxpayer of the taxes to
each taxing authority in accordance with such tax allocation
formula shall be a complete defense in any action by any
taxing authority to recover additional taxes, interest, and/or
penalties. A taxing municipality, whether or not a party to
such joint audit, may seek a revision of the formula by
giving written notice to each other taxing municipality
concerned and the taxpayer. Any such revision as may be
agreed upon by the taxing municipalities, or as may be
decreed by a court of competent jurisdiction in an action
initiated by one or more taxing authorities, shall apply only
to gross receipts of the taxpayer received after the date of
any such agreed revision or effective date of the judgment or
order of any such court. [1982 c 169 § 2.]
Applicability—1982 c 169: See note following RCW 35.21.840.
35.21.850 Taxation of motor carriers of freight for
hire—Limitation—Exceptions. No demand for a fee or tax
or penalty shall be made by a city or town against a motor
carrier of freight for hire on gross income derived from providing transportation services more than four years after the
close of the year in which the same accrued except (1)
against a taxpayer who has been guilty of fraud or misrepresentation of a material fact; or (2) where a taxpayer has
executed a written waiver of such limitations; or (3) against
a taxpayer who has not registered as required by the ordinance of the city or town imposing such tax or fee, provided
this subsection shall not apply to a taxpayer who has registered in any city or town where the taxpayer maintains an
office or terminal, or in the case of a taxpayer who has paid
a license fee or tax based on such gross receipts to any city
or town levying same which may reasonably be construed to
be the principal market of the taxpayer but in which he
maintains no office or terminal. [1982 c 169 § 3.]
Applicability—1982 c 169: See note following RCW 35.21.840.
35.21.860 Electricity, telephone, or natural gas
business, service provider—Franchise fees prohibited—
Exceptions. (1) No city or town may impose a franchise fee
or any other fee or charge of whatever nature or description
upon the light and power, or gas distribution businesses, as
defined in RCW 82.16.010, or telephone business, as defined
in RCW 82.04.065, or service provider for use of the right
of way, except:
(2002 Ed.)
Miscellaneous Provisions
(a) A tax authorized by RCW 35.21.865 may be
imposed;
(b) A fee may be charged to such businesses or service
providers that recovers actual administrative expenses
incurred by a city or town that are directly related to
receiving and approving a permit, license, and franchise, to
inspecting plans and construction, or to the preparation of a
detailed statement pursuant to chapter 43.21C RCW;
(c) Taxes permitted by state law on service providers;
(d) Franchise requirements and fees for cable television
services as allowed by federal law; and
(e) A site-specific charge pursuant to an agreement
between the city or town and a service provider of personal
wireless services acceptable to the parties for:
(i) The placement of new structures in the right of way
regardless of height, unless the new structure is the result of
a mandated relocation in which case no charge will be
imposed if the previous location was not charged;
(ii) The placement of replacement structures when the
replacement is necessary for the installation or attachment of
wireless facilities, and the overall height of the replacement
structure and the wireless facility is more than sixty feet; or
(iii) The placement of personal wireless facilities on
structures owned by the city or town located in the right of
way. However, a site-specific charge shall not apply to the
placement of personal wireless facilities on existing structures, unless the structure is owned by the city or town.
A city or town is not required to approve the use permit
for the placement of a facility for personal wireless services
that meets one of the criteria in this subsection absent such
an agreement. If the parties are unable to agree on the
amount of the charge, the service provider may submit the
amount of the charge to binding arbitration by serving notice
on the city or town. Within thirty days of receipt of the
initial notice, each party shall furnish a list of acceptable
arbitrators. The parties shall select an arbitrator; failing to
agree on an arbitrator, each party shall select one arbitrator
and the two arbitrators shall select a third arbitrator for an
arbitration panel. The arbitrator or arbitrators shall determine the charge based on comparable siting agreements
involving public land and rights of way. The arbitrator or
arbitrators shall not decide any other disputed issues,
including but not limited to size, location, and zoning
requirements. Costs of the arbitration, including compensation for the arbitrator’s services, must be borne equally by
the parties participating in the arbitration and each party
shall bear its own costs and expenses, including legal fees
and witness expenses, in connection with the arbitration
proceeding.
(2) Subsection (1) of this section does not prohibit
franchise fees imposed on an electrical energy, natural gas,
or telephone business, by contract existing on April 20,
1982, with a city or town, for the duration of the contract,
but the franchise fees shall be considered taxes for the
purposes of the limitations established in RCW 35.21.865
and 35.21.870 to the extent the fees exceed the costs
allowable under subsection (1) of this section. [2000 c 83
§ 8; 1983 2nd ex.s. c 3 § 39; 1982 1st ex.s. c 49 § 2.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
(2002 Ed.)
35.21.860
"Service provider" defined: RCW 35.99.010.
35.21.865 Electricity, telephone, or natural gas
business—Limitations on tax rate changes. No city or
town may change the rate of tax it imposes on the privilege
of conducting an electrical energy, natural gas, or telephone
business which change applies to business activities occurring before the effective date of the change, and no rate
change may take effect before the expiration of sixty days
following the enactment of the ordinance establishing the
change except as provided in RCW 35.21.870. [1983 c 99
§ 4; 1982 1st ex.s. c 49 § 3.]
Severability—1983 c 99: See note following RCW 82.14.200.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
35.21.870 Electricity, telephone, natural gas, or
steam energy business—Tax limited to six percent—
Exception. (1) No city or town may impose a tax on the
privilege of conducting an electrical energy, natural gas,
steam energy, or telephone business at a rate which exceeds
six percent unless the rate is first approved by a majority of
the voters of the city or town voting on such a proposition.
(2) If a city or town is imposing a rate of tax under
subsection (1) of this section in excess of six percent on
April 20, 1982, the city or town shall decrease the rate to a
rate of six percent or less by reducing the rate each year on
or before November 1st by ordinances to be effective on
January 1st of the succeeding year, by an amount equal to
one-tenth the difference between the tax rate on April 20,
1982, and six percent.
Nothing in this subsection prohibits a city or town from
reducing its rates by amounts greater than the amounts
required in this subsection.
Voter approved rate increases under subsection (1) of
this section shall not be included in the computations under
this subsection. [1984 c 225 § 6; 1983 c 99 § 5; 1982 1st
ex.s. c 49 § 4.]
Rules—1984 c 225: See note following RCW 82.14.210.
Severability—1983 c 99: See note following RCW 82.14.200.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
35.21.871 Tax on telephone business—Deferral of
rate reduction. A city or town required by RCW
35.21.870(2) to reduce its rate of taxation on telephone
business may defer for one year the required reduction in
rates for the year 1987. If the delay in rate reductions
authorized by the preceding sentence is inadequate for a city
or town to offset the impact of revenue reductions arising
from the removal of revenues from connecting fees, switching charges, or carrier access charges under the provisions of
RCW 35.21.714, then the legislative body of such city or
town may reimpose for 1987 the rates that such city or town
had in effect upon telephone business during 1985. In each
succeeding year, the city or town shall reduce the rate by
one-tenth of the difference between the tax rate on April 20,
1982, and six percent. [1986 c 70 § 3.]
35.21.873 Procedure to correct erroneous mobile
telecommunications service tax. (Contingent expiration
[Title 35 RCW—page 91]
35.21.873
Title 35 RCW: Cities and Towns
date.) If a customer believes that an amount of city tax or
an assignment of place of primary use or taxing jurisdiction
included on a billing for mobile telecommunications services
is erroneous, the customer shall notify the home service
provider in writing. The customer shall include in this
written notification the street address for the customer’s
place of primary use, the account name and number for
which the customer seeks a correction, and a description of
the error asserted by the customer. Within sixty days of
receiving a notice under this section, the home service
provider shall review its records and the electronic data base
or enhanced zip code used pursuant to RCW 82.32.490 and
82.32.495 to determine the customer’s taxing jurisdiction.
The home service provider shall notify the customer in
writing of the results of its review.
The procedures in this section shall be the first remedy
available to customers seeking correction of assignment of
place of primary use or taxing jurisdiction, or a refund of or
other compensation for taxes, charges, and fees erroneously
collected by the home service provider, and no cause of
action based upon a dispute arising from such taxes, charges,
or fees shall accrue to the extent otherwise permitted by law
until a customer has reasonably exercised the rights and
procedures set forth in this section. [2002 c 67 § 16.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
35.21.875 Designation of official newspaper. Each
city and town shall designate an official newspaper by
resolution. The newspaper shall be of general circulation in
the city or town and have the qualifications prescribed by
chapter 65.16 RCW. [1985 c 469 § 99.]
35.21.880 Right of way donations—Credit against
required improvements. Where the zoning and planning
provisions of a city or town require landscaping, parking, or
other improvements as a condition to granting permits for
commercial or industrial developments, the city or town may
credit donations of right of way in excess of that required for
traffic improvement against such landscaping, parking, or
other requirements. [1987 c 267 § 7.]
Severability—1987 c 267: See RCW 47.14.910.
Right of way donations: Chapter 47.14 RCW.
35.21.890 Boundary changes—Providing factual
information—Notice to boundary review board. A city
or town may provide factual information on the effects of a
proposed boundary change on the city or town and the area
potentially affected by the boundary change. A statement
that the city or town has such information available, and
copies of any printed materials or information available to be
provided to the public shall be filled [filed] with the boundary review board for the board’s information. [1989 c 84 §
70.]
35.21.895 Regulation of automatic number or
location identification—Prohibited. No city or town may
enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a
[Title 35 RCW—page 92]
provider of private shared telecommunications services.
[1995 c 243 § 6.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
35.21.897 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A city or town shall transmit a copy of any
permit issued to a tenant or the tenant’s agent for a mobile
home, manufactured home, or park model installation in a
mobile home park to the landlord.
(2) A city or town shall transmit a copy of any permit
issued to a person engaged in the business of moving or
installing a mobile home, manufactured home, or park model
in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 18.]
Effective date—1999 c 359: See RCW 59.20.901.
Chapter 35.22
FIRST CLASS CITIES
Sections
35.22.010
35.22.020
35.22.030
35.22.050
35.22.055
35.22.060
35.22.070
35.22.080
35.22.090
35.22.100
35.22.110
35.22.120
35.22.130
35.22.140
35.22.150
35.22.160
35.22.170
35.22.180
35.22.190
35.22.195
35.22.200
35.22.205
35.22.210
35.22.220
35.22.280
35.22.282
35.22.283
35.22.284
35.22.285
Laws governing.
Mode of exercising powers, functions and duties.
Cities having ten thousand or more population may frame
charter for own government.
Election of freeholders to frame charter.
Election of freeholders in cities of three hundred thousand or
more population—Designation of positions—Rotation of
names on ballots.
Submission of charter—Publication.
Election on adoption of charter—Notice.
Conduct of elections.
Form of ballot.
Certificates of election to officers.
Authentication of charter.
Petition for submission of charter amendment.
Requisites of petition—Effect of favorable vote.
New or revised charter—Petition—Freeholders.
Submission of new charter.
Election on adoption of new charter.
Publication of proposed charter.
Conduct of elections.
Effect of favorable vote.
Powers of cities adopting charters.
Legislative powers of charter city—Where vested—Direct
legislation.
Compensation and hours of mayor and elected officials.
Separate designation of councilmen in certain first class
cities.
Repeal of separate designation.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be
at a single uniform rate.
Association of sheriffs and police chiefs.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
(2002 Ed.)
First Class Cities
35.22.287
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
35.22.288 Publication of ordinances or summary—Public notice of
hearings and meeting agendas.
35.22.290 Additional powers—Auditoriums, art museums.
35.22.300 Leasing of land for auditoriums, etc.
35.22.302 Conveyance or lease of space above real property or structures or improvements.
35.22.305 Department for administration, etc., of property incident to
civic center—Creation authorized—Supervision—
Authority.
35.22.310 Cesspools, filling of—Removal of debris, etc.
35.22.320 Collection of cost of filling cesspools, etc.
35.22.330 Radio communication.
35.22.340 Streets—Railroad franchises in, along, over and across.
35.22.350 Utilities—Collective bargaining with employees.
35.22.360 Utilities—Wage adjustments.
35.22.362 Nuclear thermal power facilities—Joint development with
public utility districts and electrical companies.
35.22.365 Public transportation systems in municipalities—Financing.
35.22.370 Wards—Division of city.
35.22.410 Wharves—City may let wharves or privileges thereon.
35.22.415 Municipal airport located in unincorporated area—Subject to
county comprehensive plan and zoning ordinances.
35.22.425 Criminal code repeals by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35.22.570 Omnibus grant of powers to first class cities.
35.22.580 Diversion of local improvement moneys prohibited—Refund
of excess.
35.22.590 Bonds voted by people—Transfer of excess to redemption
fund.
35.22.600 Liability for violations of RCW 35.22.580 or 35.22.590.
35.22.610 Police officers—Appointment without regard to residence
authorized.
35.22.620 Public works or improvements—Limitations on work by
public employees—Small works roster—Purchase of
reused or recycled materials or products.
35.22.625 Public works or improvements—Inapplicability of RCW
35.22.620 to certain agreements relating to water pollution control, solid waste handling facilities.
35.22.630 Public works or improvements—Cost amounts—How determined.
35.22.635 Public works or improvements—Low bidder claiming error—Prohibition on later bid for same project.
35.22.640 Public works or improvements—Electrical distribution and
generating systems—Customer may contract with qualified electrical contractor.
35.22.650 Public works or improvements—Minority business, employees—Contract, contents.
35.22.660 Child care facilities—Review of need and demand—
Adoption of ordinances.
35.22.680 Residential care facilities—Review of need and demand—
Adoption of ordinances.
35.22.685 Conditional and special use permit applications by parties
licensed or certified by the department of social and
health services or the department of corrections—
Mediation prior to appeal required.
35.22.690 First class cities subject to limitations on moratoria, interim
zoning controls.
35.22.695 Planning regulations—Copies provided to county assessor.
35.22.700 Conformance with chapter 43.97 RCW required.
35.22.900 Liberal construction.
Accident claims against: RCW 35.31.020.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Annexation of federal areas: RCW 35.13.185.
Bond issues by proxy: Chapter 35.36 RCW.
Charters
provisions on local improvements superseded: RCW 35.43.030.
(2002 Ed.)
Chapter 35.22
subject to general laws: State Constitution Art. 11 § 10 (Amendment 40).
Classification as: RCW 35.01.010.
Discrimination, administrative remedies authorized: RCW 49.60.330.
Employment of legal interns: RCW 35.21.760.
Harbor improvements, joint planning authorized: RCW 88.32.240,
88.32.250.
Health officer, birth and death records, furnishing of, fees: RCW
70.58.107.
Inhabitants at time of organization: RCW 35.01.010.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Local improvement
bonds: Chapters 35.43 through 35.48 RCW.
bonds, collection of assessments: RCW 35.49.010.
laws superseded: RCW 35.43.030.
Lost and found property: Chapter 63.21 RCW.
Municipal transportation systems, budget by transportation commission:
RCW 35.32A.010.
Officers
salaries of, not to be changed during term: State Constitution Art. 11 §
8 (Amendment 57).
vacancies not to be extended: State Constitution Art. 11 § 8 (Amendment
57).
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Parking, off-street facilities: Chapter 35.86 RCW.
Police
regulations, enforcement of: State Constitution Art. 11 § 11.
relief and pensions in first class cities: Chapter 41.20 RCW.
Public funds
deposited with treasurer: State Constitution Art. 11 § 15.
use of, by official, a felony: State Constitution Art. 11 § 14.
Public health pooling fund: Chapter 70.12 RCW.
Retirement and pensions: Chapter 41.28 RCW.
Roadways, elevated, authority to construct: RCW 35.85.010.
Sanitary fills: RCW 35.73.010.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction and reconstruction, generally: Chapter 35.69 RCW.
Streets and alleys, grades at high elevation, drainage impractical on private
abutting land, effect: Chapter 35.73 RCW.
Subways, authority to construct: RCW 35.85.050.
Taxes, collection by county treasurer: RCW 36.29.100, 36.29.110.
Tunnels, authority to construct: RCW 35.85.050.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Viaducts, authority to construct: RCW 35.85.010.
Vital statistics, primary registration district: RCW 70.58.010.
35.22.010 Laws governing. Cities of the first class
shall be organized and governed according to the law
providing for the government of cities having a population
of ten thousand or more inhabitants that have adopted a
charter in accordance with Article XI, section 10 of the state
Constitution. [1997 c 361 § 12; 1965 c 7 § 35.22.010.
Prior: 1890 p 143 § 23; RRS § 8947.]
First class city, defined: RCW 35.01.010.
35.22.020 Mode of exercising powers, functions and
duties. The form of the organization and the manner and
mode in which cities of the first class shall exercise the
powers, functions and duties conferred upon them by law,
with respect to their own government, shall be as provided
[Title 35 RCW—page 93]
35.22.020
Title 35 RCW: Cities and Towns
in the charters thereof. [1965 c 7 § 35.22.020. Prior: 1911
c 17 § 1; RRS § 8948.]
35.22.030 Cities having ten thousand or more
population may frame charter for own government. Any
city with a population of ten thousand or more inhabitants
may frame a charter for its own government. [1965 ex.s. c
47 § 5; 1965 c 7 § 35.22.030. Prior: 1890 p 215 § 1; RRS
§ 8951.]
Cities of ten thousand or more
may frame charters without change in classification: RCW 35.22.195.
permitted to frame charters: State Constitution Art. 11 § 10 (Amendment
40).
35.22.050 Election of freeholders to frame charter.
Whenever the population of a city is ten thousand or more,
the legislative authority thereof shall provide by ordinance
for an election to be held therein for the purpose of electing
fifteen freeholders for the purpose of framing a charter for
the city. The members of the board of freeholders must be
qualified electors and must have been residents of the city
for a period of at least two years prior to their election.
[1965 ex.s. c 47 § 7; 1965 c 7 § 35.22.050. Prior: 1890 p
216 § 3, part; RRS § 8953, part.]
35.22.055 Election of freeholders in cities of three
hundred thousand or more population—Designation of
positions—Rotation of names on ballots. Notwithstanding
any other provision of law, whenever the population of a city
is three hundred thousand persons or more, not less than ten
days before the time for filing declarations of candidacy for
election of freeholders under Article XI, section 10 (Amendment 40), of the state Constitution, the city clerk shall
designate the positions to be filled by consecutive number,
commencing with one. The positions to be designated shall
be dealt with as separate offices for all election purposes,
and each candidate shall file for one, but only one, of the
positions so designated.
In the printing of ballots, the positions of the names of
candidates for each numbered position shall be changed as
many times as there are candidates for the numbered
positions, following insofar as applicable the procedure
provided for in RCW 29.30.040 for the rotation of names on
primary ballots, the intention being that ballots at the polls
will reflect as closely as practicable the rotation procedure as
provided for therein. [1974 ex.s. c 1 § 1.]
Severability—1974 ex.s. c 1: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 1 § 3.]
35.22.060 Submission of charter—Publication. The
board of freeholders shall convene within ten days after their
election and frame a charter for the city and within thirty
days thereafter, they, or a majority of them, shall submit the
charter to the legislative authority of the city, which, within
five days thereafter, shall cause it to be published in the
newspaper having the largest general circulation within the
city at least once each week for four weeks next preceding
the day of submitting the same to the electors for their
approval. [1985 c 469 § 22; 1965 ex.s. c 47 § 8; 1965 c 7
[Title 35 RCW—page 94]
§ 35.22.060. Prior: 1890 p 216 § 3, part; RRS § 8953,
part.]
Submission of proposed charter, publication: State Constitution Art. 11 §
10 (Amendment 40).
35.22.070 Election on adoption of charter—Notice.
Within five days after the filing with the city clerk of
affidavits of publication, which affidavits shall be filed
immediately after the last publication, the legislative authority of the city shall initiate the proceedings for the
submission of the proposed charter to the qualified voters of
the city for their adoption or rejection at either a general or
special election. At this election the first officers to serve
under the provisions of the proposed charter shall also be
elected. In electing from wards, the division into wards as
specified in the proposed charter shall govern; in all other
respects the then existing laws relating to such election shall
govern. The notice shall specify the objects for which the
election is held, and shall be given as required by law.
[1965 ex.s. c 47 § 9; 1965 c 7 § 35.22.070. Prior: (i) 1890
p 216 § 3, part; RRS § 8953, part. (ii) 1890 p 223 § 6, part;
RRS § 8977, part.]
Election on adoption of charter, notice: State Constitution Art. 11 § 10
(Amendment 40).
35.22.080 Conduct of elections. The election of the
members of the board of freeholders and that upon the
proposition of adopting or rejecting the proposed charter and
the officers to be elected thereunder, the returns of both
elections, the canvassing thereof and the declaration of the
result shall be governed by the laws regulating and controlling elections in the city. [1965 c 7 § 35.22.080. Prior: (i)
1890 p 216 § 3, part; RRS § 8953, part. (ii) 1890 p 223 §
6, part; RRS § 8977, part. (iii) 1890 p 217 § 4, part; RRS
§ 8954, part.]
Elections: Title 29 RCW.
35.22.090 Form of ballot. The form of ballot in the
election for the adoption or rejection of the proposed charter
shall be: "For the proposed charter," "Against the proposed
charter." In submitting the proposed charter or amendments
thereto, any alternate article or proposition may be presented
for the choice of the voters and may be voted on separately
without prejudice to others. In submitting such amendment,
article or proposition, the form of the ballot shall be: "For
article No. . . . . of the charter," "Against article No. . . . . of
the charter." [1965 c 7 § 35.22.090. Prior: 1890 p 216 §
3, part; RRS § 8953, part.]
35.22.100 Certificates of election to officers. If a
majority of the votes cast at the election upon the adoption
of the proposed charter favor it, certificates of election shall
be issued to each officer elected at that election. Within ten
days after the issuance of the certificates of election, the
newly elected officers shall qualify as provided in the
charter, and on the tenth day thereafter at twelve o’clock
noon of that day, the officers so elected and qualified shall
enter upon the duties of the offices to which they were
elected and at such time the charter shall be authenticated,
recorded, attested and go into effect. When so authenticated,
recorded and attested, the charter shall become the organic
(2002 Ed.)
First Class Cities
law of the city and supersede any existing charter and
amendments thereto and all special laws inconsistent
therewith. [1965 c 7 § 35.22.100. Prior: (i) 1890 p 223 §
6, part; RRS § 8977, part. (ii) 1890 p 217 § 4, part; RRS §
8954, part.]
35.22.110 Authentication of charter. The authentication of the charter shall be by certificate of the mayor in
substance as follows:
"I . . . . . ., mayor of the city of . . . . . . do hereby certify that in accordance with the provisions of the Constitution and statutes of the State of Washington, the city of
. . . . . . caused fifteen freeholders to be elected on the . . . .
day of . . . . . . 19. . . to prepare a charter for the city; that
due notice of that election was given in the manner provided
by law and that the following persons were declared elected
to prepare and propose a charter for the city, to wit:
.........
That thereafter on the . . . . day of . . . . . . 19. . . the
board of freeholders returned a proposed charter for the city
of . . . . . . signed by the following members thereof:
.........
That thereafter the proposed charter was published in
(Indicate name of newspaper in which published) for at least
once each week for four weeks next preceding the day of
submitting the same to the electors for their approval. (Indicate dates of publication)
That thereafter on the . . . . day of . . . . . . 19. . ., at an
election duly called and held, the proposed charter was
submitted to the qualified electors thereof, and the returns
canvassed resulting as follows: For the proposed charter,
. . . . votes; against the proposed charter, . . . . votes;
majority for the proposed charter, . . . . votes; whereupon the
charter was declared adopted by a majority of the qualified
electors voting at the election.
I further certify that the foregoing is a full, true and
complete copy of the proposed charter so voted upon and
adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand
and affix the corporate seal of said city at my office this
. . . . day of . . . . . . 19. . .
Attest:
...................
...................
Mayor of the city of
Clerk of the city of . . . . . . (Corporate Seal)."
Immediately after authentication, the authenticated
charter shall be recorded by the city clerk in a book provided
for that purpose known as the charter book of the city of
. . . . . . and when so recorded shall be attested by the clerk
and mayor under the corporate seal of the city. All amendments shall be in like manner recorded and attested.
All courts shall take judicial notice of a charter and all
amendments thereto when recorded and attested as required
in this section. [1965 ex.s. c 47 § 10; 1965 c 7 § 35.22.110.
Prior: 1890 p 217 § 4, part; RRS § 8954, part.]
35.22.120 Petition for submission of charter amendment. On petition of a number (equal to fifteen percent of
the total number of votes cast at the last preceding general
(2002 Ed.)
35.22.100
state election) of qualified voters of any municipality having
adopted a charter under the laws of this state, asking the
adoption of a specified charter amendment, providing for any
matter within the realm of local affairs, or municipal
business, the said amendment shall be submitted to the
voters at the next regular municipal election, occurring thirty
days or more after said petition is filed, and if approved by
a majority of the local electors of the municipality voting
upon it, such amendment shall become a part of the charter
organic law governing such municipality. [1965 c 7 §
35.22.120. Prior: 1949 c 233 § 1; 1903 c 186 § 1; Rem.
Supp. 1949 § 8963.]
Times for holding elections: Chapter 29.13 RCW.
35.22.130 Requisites of petition—Effect of favorable
vote. A petition containing the demand for the submission
of the proposed charter amendment or for an election to be
held for the purpose of electing a board of freeholders for
the purpose of preparing a new charter for the city as
provided in RCW 35.22.140 shall be filed with the city clerk
and each signer shall write his place of residence after his
signature. This and RCW 35.22.120 do not deprive city
councils of the right to submit proposed charter amendments
but affords a concurrent and additional method of submission. [1967 c 123 § 2; 1965 c 7 § 35.22.130. Prior: (i)
1903 c 186 § 2; RRS § 8964. (ii) 1903 c 186 § 3; RRS §
8965.]
35.22.140 New or revised charter—Petition—
Freeholders. On the petition of a number of registered
voters of a city equal to twenty-five percent of the total
votes cast at the last preceding city election, the city council
of a charter city shall, or without such petition may, cause an
election to be held for the purpose of electing a board of
fifteen freeholders for the purpose of preparing a new charter
for the city by altering, revising, adding to or repealing the
existing charter including all amendments thereto. The
members of the board of freeholders must be qualified
electors and must have been residents in the city for a period
of at least two years prior to their election. At such election
the proposition of whether or not a board of freeholders shall
be created at all shall be separately stated on the ballots and
unless a majority of the votes cast upon that proposition
favor it, no further steps shall be taken in the proceedings.
[1965 ex.s. c 47 § 11; 1965 c 7 § 35.22.140. Prior: 1945
c 55 1, part; 1925 ex.s. c 137 § 1, part; 1895 c 27 § 1, part;
Rem. Supp. 1945 § 8955, part.]
Amendment of charter: State Constitution Art. 11 § 10 (Amendment 40).
35.22.150 Submission of new charter. Within ten
days after the results of the election have been determined,
if a majority of the votes cast favor the proceeding, the
members of the board of freeholders elected thereat shall
convene and prepare a new charter by altering, revising,
adding to, or repealing the existing charter including all
amendments thereto and within one year thereafter file it
with the city clerk. [1974 ex.s. c 1 § 2; 1965 c 7 §
35.22.150. Prior: 1945 c 55 § 1, part; 1925 ex.s. c 137 § 1,
part; 1895 c 27 § 1, part; Rem. Supp. 1945 § 8955, part.]
Severability—1974 ex.s. c 1: See note following RCW 35.22.055.
[Title 35 RCW—page 95]
35.22.160
Title 35 RCW: Cities and Towns
35.22.160 Election on adoption of new charter.
Upon the filing of the proposed new, altered, changed or
revised charter with the city clerk, it shall be submitted to
the qualified voters of the city at an election to be called
therefor pursuant to the provisions of law applicable to the
holding of elections in such city. [1965 c 7 § 35.22.160.
Prior: 1925 ex.s. c 137 § 2, part; 1895 c 27 § 2, part; RRS
§ 8956, part.]
Times for holding elections: Chapter 29.13 RCW.
35.22.170 Publication of proposed charter. The
proposed new, altered or revised charter shall be published
in the newspaper having the largest general circulation
within the city at least once each week for four weeks next
preceding the day of submitting the same to the electors for
their approval. [1985 c 469 § 23; 1965 ex.s. c 47 § 12;
1965 c 7 § 35.22.170. Prior: 1925 ex.s. c 137 § 3; 1895 c
27 § 3; RRS § 8957.]
Publication of amendments to charter: State Constitution Art. 11 § 10
(Amendment 40).
35.22.180 Conduct of elections. The election of the
board of freeholders and that upon the proposition of
adopting the proposed new, altered or revised charter, may
be general or special elections and except as herein provided,
said elections, the returns, the canvassing thereof and the
declaration of the result shall be governed by the laws
regulating and controlling elections in the city. In both cases
the notice specifying the object of the election must be given
at least ten days before the day of election. [1965 c 7 §
35.22.180. Prior: (i) 1895 c 27 § 4; RRS § 8958. (ii) 1895
c 27 § 5; RRS § 8959.]
Election on amendment to charter: State Constitution Art. 11 § 10
(Amendment 40).
35.22.190 Effect of favorable vote. If a majority of
the voters voting upon the adoption of the proposed new,
altered or revised charter favor it, it shall become the charter
of the city and the organic law thereof, superseding any
existing charter. All bodies or offices abolished or dispensed
with by the new, altered or revised charter, together with the
emoluments thereof shall immediately cease to exist, and any
new offices created shall be filled by appointment of the
mayor until the next general election subject to such approval by the city council as may be required by the new, altered
or revised charter. [1965 c 7 § 35.22.190. Prior: (i) 1925
ex.s. c 137 § 2, part; 1895 c 27 § 2, part; RRS § 8956, part.
(ii) 1895 c 27 § 6; RRS § 8962.]
Times for holding elections: Chapter 29.13 RCW.
35.22.195 Powers of cities adopting charters. Any
city adopting a charter under Article XI, section 10 of the
Constitution of the state of Washington, as amended by
amendment 40, shall have all of the powers which are
conferred upon incorporated cities and towns by Title 35
RCW, or other laws of the state, and all such powers as are
usually exercised by municipal corporations of like character
and degree. [1965 ex.s. c 47 § 2. Formerly RCW
35.21.620.]
Legislative powers of charter city: RCW 35.22.200.
[Title 35 RCW—page 96]
35.22.200 Legislative powers of charter city—
Where vested—Direct legislation. The legislative powers
of a charter city shall be vested in a mayor and a city council, to consist of such number of members and to have such
powers as may be provided for in its charter. The charter
may provide for direct legislation by the people through the
initiative and referendum upon any matter within the scope
of the powers, functions, or duties of the city. The mayor
and council and such other elective officers as may be
provided for in such charter shall be elected at such times
and in such manner as provided in Title 29 RCW, and for
such terms and shall perform such duties as may be prescribed in the charter, and shall receive compensation in accordance with the process or standards of a charter provision
or ordinance which conforms with RCW 35.21.015. [2001
c 73 § 2; 1965 ex.s. c 47 § 13; 1965 c 7 § 35.22.200. Prior:
(i) 1890 p 223 § 6, part; RRS § 8977, part. (ii) 1927 c 52
§ 1; 1911 c 17 § 2; RRS § 8949.]
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
Powers of cities adopting charters: RCW 35.22.195.
35.22.205 Compensation and hours of mayor and
elected officials. The compensation and the time to be
devoted to the performance of the duties of the mayor and
elected officials of all cities of the first class shall be as
fixed by ordinance of said city irrespective of any city
charter provisions. [1965 c 7 § 35.22.205. Prior: 1957 c
113 § 1; 1955 c 354 § 1.]
35.22.210 Separate designation of councilmen in
certain first class cities. Any city of the first class having
a population less than one hundred thousand by the last
federal census and having a charter providing that each of its
councilmen shall be the commissioner of an administrative
department of such city, may by ordinance provide for the
separate designation of such councilmen as officers, in
accordance with such administrative departments, and for
their filing for and election to office under such separate
designations. [1965 c 7 § 35.22.210. Prior: 1925 ex.s. c 61
§ 1; RRS § 8948-1.]
35.22.220 Repeal of separate designation. Whenever
any such city shall have passed such an ordinance providing
for such separate designations and for filing for and election
to office in accordance therewith, such city shall have no
power to repeal the same except by ordinance passed by the
council of such city and submitted to the voters thereof at a
general or special election and ratified by a majority of the
voters voting thereon. [1965 c 7 § 35.22.220. Prior: 1925
ex.s. c 61 § 2; RRS § 8948-2.]
Times for holding elections: Chapter 29.13 RCW.
35.22.280 Specific powers enumerated. Any city of
the first class shall have power:
(1) To provide for general and special elections, for
questions to be voted upon, and for the election of officers;
(2) To provide for levying and collecting taxes on real
and personal property for its corporate uses and purposes,
and to provide for the payment of the debts and expenses of
the corporation;
(2002 Ed.)
First Class Cities
(3) To control the finances and property of the corporation, and to acquire, by purchase or otherwise, such lands
and other property as may be necessary for any part of the
corporate uses provided for by its charter, and to dispose of
any such property as the interests of the corporation may,
from time to time, require;
(4) To borrow money for corporate purposes on the
credit of the corporation, and to issue negotiable bonds
therefor, on such conditions and in such manner as shall be
prescribed in its charter; but no city shall, in any manner or
for any purpose, become indebted to an amount in the
aggregate to exceed the limitation of indebtedness prescribed
by chapter 39.36 RCW as now or hereafter amended;
(5) To issue bonds in place of or to supply means to
meet maturing bonds or other indebtedness, or for the
consolidation or funding of the same;
(6) To purchase or appropriate private property within
or without its corporate limits, for its corporate uses, upon
making just compensation to the owners thereof, and to
institute and maintain such proceedings as may be authorized
by the general laws of the state for the appropriation of
private property for public use;
(7) To lay out, establish, open, alter, widen, extend,
grade, pave, plank, establish grades, or otherwise improve
streets, alleys, avenues, sidewalks, wharves, parks, and other
public grounds, and to regulate and control the use thereof,
and to vacate the same, and to authorize or prohibit the use
of electricity at, in, or upon any of said streets, or for other
purposes, and to prescribe the terms and conditions upon
which the same may be so used, and to regulate the use
thereof;
(8) To change the grade of any street, highway, or alley
within its corporate limits, and to provide for the payment of
damages to any abutting owner or owners who shall have
built or made other improvements upon such street, highway,
or alley at any point opposite to the point where such change
shall be made with reference to the grade of such street,
highway, or alley as the same existed prior to such change;
(9) To authorize or prohibit the locating and constructing of any railroad or street railroad in any street, alley, or
public place in such city, and to prescribe the terms and
conditions upon which any such railroad or street railroad
shall be located or constructed; to provide for the alteration,
change of grade, or removal thereof; to regulate the moving
and operation of railroad and street railroad trains, cars, and
locomotives within the corporate limits of said city; and to
provide by ordinance for the protection of all persons and
property against injury in the use of such railroads or street
railroads;
(10) To provide for making local improvements, and to
levy and collect special assessments on property benefited
thereby, and for paying for the same or any portion thereof;
(11) To acquire, by purchase or otherwise, lands for
public parks within or without the limits of such city, and to
improve the same. When the language of any instrument by
which any property is so acquired limits the use of said
property to park purposes and contains a reservation of
interest in favor of the grantor or any other person, and
where it is found that the property so acquired is not needed
for park purposes and that an exchange thereof for other
property to be dedicated for park purposes is in the public
interest, the city may, with the consent of the grantor or such
(2002 Ed.)
35.22.280
other person, his heirs, successors, or assigns, exchange such
property for other property to be dedicated for park purposes, and may make, execute, and deliver proper conveyances
to effect the exchange. In any case where, owing to death
or lapse of time, there is neither donor, heir, successor, or
assignee to give consent, this consent may be executed by
the city and filed for record with an affidavit setting forth all
efforts made to locate people entitled to give such consent
together with the facts which establish that no consent by
such persons is attainable. Title to property so conveyed by
the city shall vest in the grantee free and clear of any trust
in favor of the public arising out of any prior dedication for
park purposes, but the right of the public shall be transferred
and preserved with like force and effect to the property
received by the city in such exchange;
(12) To construct and keep in repair bridges, viaducts,
and tunnels, and to regulate the use thereof;
(13) To determine what work shall be done or improvements made at the expense, in whole or in part, of the
owners of the adjoining contiguous, or proximate property,
or others specially benefited thereby; and to provide for the
manner of making and collecting assessments therefor;
(14) To provide for erecting, purchasing, or otherwise
acquiring waterworks, within or without the corporate limits
of said city, to supply said city and its inhabitants with
water, or authorize the construction of same by others when
deemed for the best interests of such city and its inhabitants,
and to regulate and control the use and price of the water so
supplied;
(15) To provide for lighting the streets and all public
places, and for furnishing the inhabitants thereof with gas or
other lights, and to erect, or otherwise acquire, and to
maintain the same, or to authorize the erection and maintenance of such works as may be necessary and convenient
therefor, and to regulate and control the use thereof;
(16) To establish and regulate markets, and to provide
for the weighing, measuring, and inspection of all articles of
food and drink offered for sale thereat, or at any other place
within its limits, by proper penalties, and to enforce the
keeping of proper legal weights and measures by all vendors
in such city, and to provide for the inspection thereof.
Whenever the words "public markets" are used in this
chapter, and the public market is managed in whole or in
part by a public corporation created by a city, the words
shall be construed to include all real or personal property
located in a district or area designated by a city as a public
market and traditionally devoted to providing farmers, crafts
vendors and other merchants with retail space to market their
wares to the public. Property located in such a district or
area need not be exclusively or primarily used for such
traditional public market retail activities and may include
property used for other public purposes including, but not
limited to, the provision of human services and low-income
or moderate-income housing;
(17) To erect and establish hospitals and pesthouses, and
to control and regulate the same;
(18) To provide for establishing and maintaining reform
schools for juvenile offenders;
(19) To provide for the establishment and maintenance
of public libraries, and to appropriate, annually, such percent
of all moneys collected for fines, penalties, and licenses as
shall be prescribed by its charter, for the support of a city
[Title 35 RCW—page 97]
35.22.280
Title 35 RCW: Cities and Towns
library, which shall, under such regulations as shall be prescribed by ordinance, be open for use by the public;
(20) To regulate the burial of the dead, and to establish
and regulate cemeteries within or without the corporate
limits, and to acquire land therefor by purchase or otherwise;
to cause cemeteries to be removed beyond the limits of the
corporation, and to prohibit their establishment within two
miles of the boundaries thereof;
(21) To direct the location and construction of all
buildings in which any trade or occupation offensive to the
senses or deleterious to public health or safety shall be
carried on, and to regulate the management thereof; and to
prohibit the erection or maintenance of such buildings or
structures, or the carrying on of such trade or occupation
within the limits of such corporation, or within the distance
of two miles beyond the boundaries thereof;
(22) To provide for the prevention and extinguishment
of fires and to regulate or prohibit the transportation,
keeping, or storage of all combustible or explosive materials
within its corporate limits, and to regulate and restrain the
use of fireworks;
(23) To establish fire limits and to make all such
regulations for the erection and maintenance of buildings or
other structures within its corporate limits as the safety of
persons or property may require, and to cause all such
buildings and places as may from any cause be in a dangerous state to be put in safe condition;
(24) To regulate the manner in which stone, brick, and
other buildings, party walls, and partition fences shall be
constructed and maintained;
(25) To deepen, widen, dock, cover, wall, alter, or
change the channels of waterways and courses, and to
provide for the construction and maintenance of all such
works as may be required for the accommodation of commerce, including canals, slips, public landing places,
wharves, docks, and levees, and to control and regulate the
use thereof;
(26) To control, regulate, or prohibit the anchorage,
moorage, and landing of all watercrafts and their cargoes
within the jurisdiction of the corporation;
(27) To fix the rates of wharfage and dockage, and to
provide for the collection thereof, and to provide for the
imposition and collection of such harbor fees as may be
consistent with the laws of the United States;
(28) To license, regulate, control, or restrain wharf
boats, tugs, and other boats used about the harbor or within
such jurisdiction;
(29) To require the owners of public halls or other
buildings to provide suitable means of exit; to provide for
the prevention and abatement of nuisances, for the cleaning
and purification of watercourses and canals, for the drainage
and filling up of ponds on private property within its limits,
when the same shall be offensive to the senses or dangerous
to health; to regulate and control, and to prevent and punish,
the defilement or pollution of all streams running through or
into its corporate limits, and for the distance of five miles
beyond its corporate limits, and on any stream or lake from
which the water supply of said city is taken, for a distance
of five miles beyond its source of supply; to provide for the
cleaning of areas, vaults, and other places within its corporate limits which may be so kept as to become offensive to
the senses or dangerous to health, and to make all such quar[Title 35 RCW—page 98]
antine or other regulations as may be necessary for the
preservation of the public health, and to remove all persons
afflicted with any infectious or contagious disease to some
suitable place to be provided for that purpose;
(30) To declare what shall be a nuisance, and to abate
the same, and to impose fines upon parties who may create,
continue, or suffer nuisances to exist;
(31) To regulate the selling or giving away of intoxicating, malt, vinous, mixed, or fermented liquors as authorized
by the general laws of the state: PROVIDED, That no
license shall be granted to any person or persons who shall
not first comply with the general laws of the state in force
at the time the same is granted;
(32) To grant licenses for any lawful purpose, and to fix
by ordinance the amount to be paid therefor, and to provide
for revoking the same: PROVIDED, That no license shall
be granted to continue for longer than one year from the date
thereof;
(33) To regulate the carrying on within its corporate
limits of all occupations which are of such a nature as to
affect the public health or the good order of said city, or to
disturb the public peace, and which are not prohibited by
law, and to provide for the punishment of all persons
violating such regulations, and of all persons who knowingly
permit the same to be violated in any building or upon any
premises owned or controlled by them;
(34) To restrain and provide for the punishment of
vagrants, mendicants, prostitutes, and other disorderly
persons;
(35) To provide for the punishment of all disorderly
conduct, and of all practices dangerous to public health or
safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order
within its limits, and to provide for the arrest, trial, and
punishment of all persons charged with violating any of the
ordinances of said city. The punishment shall not exceed a
fine of five thousand dollars or imprisonment in the city jail
for one year, or both such fine and imprisonment. The
punishment for any criminal ordinance shall be the same as
the punishment provided in state law for the same crime.
Such cities alternatively may provide that violations of
ordinances constitute a civil violation subject to monetary
penalties, but no act which is a state crime may be made a
civil violation;
(36) To project or extend its streets over and across any
tidelands within its corporate limits, and along or across the
harbor areas of such city, in such manner as will best
promote the interests of commerce;
(37) To provide in their respective charters for a method
to propose and adopt amendments thereto. [1993 c 83 § 4;
1990 c 189 § 3; 1986 c 278 § 3; 1984 c 258 § 802; 1977
ex.s. c 316 § 20; 1971 ex.s. c 16 § 1; 1965 ex.s. c 116 § 2;
1965 c 7 § 35.22.280. Prior: 1890 p 218 § 5; RRS § 8966.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
35.22.282 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
(2002 Ed.)
First Class Cities
35.22.283 City license fees or taxes on certain
business activities to be at a single uniform rate. See
RCW 35.21.710.
35.22.284 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
35.22.285 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
35.22.287 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.22.288 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of
the content of each ordinance shall be published at least once
in the official newspaper of the city. For purposes of this
section, a summary shall mean a brief description which
succinctly describes the main points of the ordinance.
Publication of the title of an ordinance authorizing the
issuance of bonds, notes, or other evidences of indebtedness
shall constitute publication of a summary of that ordinance.
When the city publishes a summary, the publication shall
include a statement that the full text of the ordinance will be
mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance,
every city shall establish a procedure for notifying the public
of upcoming hearings and the preliminary agenda for the
forthcoming council meeting. Such procedure may include,
but not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 7; 1988 c 168 § 1; 1985 c 469
§ 100.]
35.22.290 Additional powers—Auditoriums, art
museums. Every city of the first class may lease, purchase,
or construct, and maintain public auditoriums and art
museums and may use and let them for such public and
private purposes for such compensation and rental and upon
such conditions as shall be prescribed by ordinance; it may
issue negotiable bonds for the purchase and construction
thereof on such conditions and in such manner as shall be
prescribed by its charter and by general law for the borrowing of money for corporate purposes. [1965 c 7 § 35.22.290.
Prior: 1925 ex.s. c 81 § 1; 1923 c 179 § 1; RRS § 8981-2.]
35.22.300 Leasing of land for auditoriums, etc. If
a city of the first class has acquired title to land for public
auditoriums or art museums, it may let it or any part thereof,
together with the structures and improvements constructed or
(2002 Ed.)
35.22.283
to be constructed thereon for such term as may be deemed
proper and may raise the needed funds for financing the
project, in whole or in part, by transferring or pledging the
use and income thereof in such manner as the corporate
authorities deem proper.
Any lessee under any such lease may mortgage the
leasehold interest and may issue bonds to be secured by the
mortgage and may pledge the rent and income of the
property to accrue during the term of the lease or any part
thereof for the due financing of the project: PROVIDED,
That the corporate authorities may specify in any such lease
such provisions and restrictions relating thereto as they shall
deem proper. [1965 c 7 § 35.22.300. Prior: 1925 c 12 § 1;
RRS § 8981-3.]
35.22.302 Conveyance or lease of space above real
property or structures or improvements. The legislative
authority of every city of the first and second class owning
real property, not limited by dedication or trust to a particular public use, may convey or lease for public or private use
any estate, right or interest in the areas above the surface of
the ground of such real property or structures or improvements thereon: PROVIDED, That the estate, right or interest
so created and conveyed and the use authorized in connection therewith will not in the judgment of said legislative
authority be needed for or be inconsistent with the public
purposes for which such property was acquired, is being
used, or to which it is to be devoted: PROVIDED FURTHER, That the legislative authority may impose conditions
and restrictions on the use to be made of the estate, right or
interest conveyed or leased, in the same manner and to the
same extent as may be done by any vendor or lessor of real
estate.
No conveyance or lease authorized by this section shall
permit, authorize or suffer the lessee or grantee to encumber
that portion of the real estate devoted to or needed for public
purposes. [1967 ex.s. c 99 § 1.]
35.22.305 Department for administration, etc., of
property incident to civic center—Creation authorized—
Supervision—Authority. The legislative authority of any
city of the first class of more than four hundred thousand
population shall have, notwithstanding any charter or
statutory provision to the contrary, authority by ordinance to
create a separate department of municipal government for the
administration, management and control of any multiple use
city property, including improvements thereon, devoted to
educational, cultural, recreational, entertainment, athletic,
convention and such other uses as shall be declared by
ordinance to be incident to a civic center. The supervision
of said department shall be by a manager, board or commission to be appointed in the manner, receive such compensation and perform such duties as may be prescribed by
ordinance which may include authority to enter into leases,
concessions and other agreements on behalf of the city,
appoint and remove employees subject to applicable civil
service provisions, advertise events and publicize and
otherwise promote the use of such civic center facilities, and
operate, manage and control municipal off-street parking and
public transportation facilities heretofore or hereafter erected
primarily to serve such civic center. All expenditures,
[Title 35 RCW—page 99]
35.22.305
Title 35 RCW: Cities and Towns
purchases and improvements made or performed by or under
the direction of said department shall be subject to applicable
charter provisions and statutes. [1965 c 132 § 1.]
35.22.310 Cesspools, filling of—Removal of debris,
etc. Every city of the first class is empowered to provide
for the filling and closing of cesspools and for the removing
of garbage, debris, grass, weeds, and brush on property in
the city. [1965 c 7 § 35.22.310. Prior: 1907 c 89 § 1; RRS
§ 8972.]
change in such wages, hours and conditions of labor of such
employees as may be required to conform to the provisions
of any such contract, irrespective of the provisions of any
annual budget or act relating thereto: PROVIDED, That not
more than one such contract not in conformity with any
annual budget shall be made during any budget year, nor
shall any such adjustment or change be made which would
result in an excess of expenditures over revenues of such
public utility. [1965 c 7 § 35.22.350. Prior: 1955 c 145 §
1; 1951 c 21 § 1; 1935 c 37 § 1; RRS § 8966-5.]
Labor regulations: Title 49 RCW.
35.22.320 Collection of cost of filling cesspools, etc.
Every city of the first class by general ordinance may
prescribe the mode and manner of assessing, levying and
collecting assessments upon property for filling and closing
cesspools thereon and removing garbage, debris, grass,
weeds, and brush and provide that the charges therefor shall
be a lien on the property upon which such work is done and
collected in such manner as is prescribed in the ordinance.
[1965 c 7 § 35.22.320. Prior: 1907 c 89 § 2; RRS § 8973.]
35.22.330 Radio communication. Every city of the
first class maintaining a harbor department may install,
maintain, and operate in connection therewith wireless
telegraph stations for the handling of official and commercial
messages and for communicating with wireless land and
shore stations under such regulations as the corporate
authorities may prescribe and in accordance with the statutes
and regulations of the federal government. [1965 c 7 §
35.22.330. Prior: 1923 c 92 § 1; RRS § 8981-1.]
35.22.340 Streets—Railroad franchises in, along,
over and across. Every city of the first class may by
ordinance authorize the location, construction, and operation
of railroads in, along, over, and across any highway, street,
alley, or public place in the city for such term of years and
upon such conditions as the city council may by ordinance
prescribe notwithstanding any provisions of the city charter
limiting the length of terms of franchises or requiring
franchises to contain a provision granting the city the right
to appropriate by purchase the property of any corporation
receiving a franchise, license, privilege, or authority:
PROVIDED, That this does not apply to street railroads nor
to railroads operated in connection with street railroads in
and along the streets of such city. [1965 c 7 § 35.22.340.
Prior: 1907 c 41 § 1; RRS § 8971.]
35.22.350 Utilities—Collective bargaining with
employees. Every city of the first class which owns and
operates a waterworks system, a light and power system, a
street railway or other public utility, shall have power,
through its proper officers, to deal with and to enter into
contracts for periods not exceeding one year with its employees engaged in the construction, maintenance, or operation
thereof through the accredited representatives of the employees including any labor organization or organizations authorized to act for them concerning wages, hours and conditions
of labor in such employment, and every city having not less
than one hundred forty thousand nor more than one hundred
and seventy thousand population is empowered and authorized to immediately place in effect any adjustment or
[Title 35 RCW—page 100]
35.22.360 Utilities—Wage adjustments. Notwithstanding any annual budget or statute relating thereto, any
city of the first class owning and operating a public utility,
or the city’s public utility department, may make an adjustment or change of the rate of daily wages of employees of
any such public utility if such adjustment or change is
accompanied by or is approximately coincidental with a
shortening of the work week of the employees and if the
adjustment or change will not result in any increase in pay
per week, or excess of expenditures of the public utility over
its revenues. [1965 c 7 § 35.22.360. Prior: 1937 c 16 § 1;
RRS § 9000-22a.]
35.22.362 Nuclear thermal power facilities—Joint
development with public utility districts and electrical
companies. See chapter 54.44 RCW.
35.22.365 Public transportation systems in municipalities—Financing. See chapter 35.95 RCW.
35.22.370 Wards—Division of city. Notwithstanding
that the charter of a city of the first class may forbid the city
council from redividing the city into wards except at stated
periods, if the city has failed to redivide the city into wards
during any such period, the city council by ordinance may
do so at any time thereafter: PROVIDED, That there shall
not be more than one redivision into wards during any one
period specified in the charter. [1965 c 7 § 35.22.370.
Prior: 1903 c 141 § 1; RRS § 8970.]
35.22.410 Wharves—City may let wharves or
privileges thereon. Every city of the first class may let the
whole or any part of a wharf, or the privileges thereon
owned by the city, for periods not to exceed one year in
such manner, and upon such terms, as may be prescribed by
a general ordinance. [1965 c 7 § 35.22.410. Prior: 1911 c
67 § 1; RRS § 8967.]
35.22.415 Municipal airport located in unincorporated area—Subject to county comprehensive plan and
zoning ordinances. Whenever a first class city owns and
operates a municipal airport which is located in an unincorporated area of a county, the airport shall be subject to the
county’s comprehensive plan and zoning ordinances in the
same manner as if the airport were privately owned and
operated. [1979 ex.s. c 124 § 10.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
(2002 Ed.)
First Class Cities
35.22.425 Criminal code repeals by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city of the first
class operating a municipal court may not repeal in its
entirety that portion of its municipal code defining crimes or
repeal a provision of its municipal code which defines a
crime equivalent to an offense listed in RCW 46.63.020
unless the municipality has reached an agreement with the
appropriate county under chapter 39.34 RCW under which
the county is to be paid a reasonable amount for costs
associated with prosecution, adjudication, and sentencing in
criminal cases filed in district court as a result of the repeal.
The agreement shall include provisions for periodic review
and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for
renewal of the agreement, they shall be deemed to have
entered into an agreement to submit the issue to arbitration
under chapter 7.04 RCW. Pending conclusion of the
arbitration proceeding, the terms of the agreement shall
remain in effect. The municipality and the county have the
same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under
chapter 7.04 RCW. [1984 c 258 § 204.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.22.570 Omnibus grant of powers to first class
cities. Any city adopting a charter under the provisions of
this chapter shall have all the powers which are conferred
upon incorporated cities and towns by this title or other laws
of the state, and all such powers as are usually exercised by
municipal corporations of like character and degree. [1965
c 7 § 35.22.570. Prior: 1890 p 224 § 7; RRS § 8981.]
35.22.580 Diversion of local improvement moneys
prohibited—Refund of excess. Whenever any city of the
first class shall levy and collect moneys by sale of bonds or
otherwise for any local improvement by special assessment
therefor, the same shall be carried in a special fund to be
used for said purpose, and no part thereof shall be transferred or diverted to any other fund or use: PROVIDED,
That any funds remaining after the payment of the whole
cost and expense of such improvement, in excess of the total
sum required to defray all the expenditures by the city on
account thereof, shall be refunded on demand to the amount
of such overpayment: PROVIDED FURTHER, That this
section shall not be deemed to require the refunding of any
balance in any local improvement fund after the payment of
all outstanding obligations issued against such fund, where
such balance accrues from any saving in interest or from
penalties collected upon delinquent assessments, but any
such balance may be turned into the general fund or otherwise disposed of, as the legislative authority of such city
may direct by ordinance. The provisions of this section
relating to the refund of excess local improvement district
funds shall not apply to any district whose obligations are
guaranteed by the local improvement guaranty fund. [1965
c 7 § 35.22.580. Prior: 1917 c 58 § 1; 1915 c 17 § 1; RRS
§ 8983. Formerly RCW 35.45.100.]
(2002 Ed.)
35.22.425
35.22.590 Bonds voted by people—Transfer of
excess to redemption fund. (1) Whenever the issuance or
sale of bonds or other obligations of any city of the first
class has been authorized by vote of the people, as provided
by any existing charter or laws, for any special improvement
or purpose, the proceeds of the sale of such bonds including
premiums if any shall be carried in a special fund to be
devoted to the purpose for which such bonds were authorized, and no portion of such bonds shall be transferred or
diverted to any other fund or purpose: PROVIDED, That
nothing herein shall be held to prevent the transfer to the
interest and redemption fund of any balance remaining in the
treasury after the completion of such improvement or
purpose so authorized: PROVIDED FURTHER, That
nothing herein shall prevent the city council from disposing
of such bonds, or any portion thereof, in such amounts and
at such times as it shall direct, but no such bonds shall be
sold for less than par. Such bonds may be in any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 35; 1965 c 7 § 35.22.590.
Prior: 1915 c 17 § 2; RRS § 8984. Formerly RCW
35.45.110.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Elections: Title 29 RCW.
35.22.600 Liability for violations of RCW 35.22.580
or 35.22.590. Any ordinance, resolution, order or other
action of any city council, board or officer, and every city
warrant or other instrument in writing made in violation of
any of the provisions of RCW 35.22.580 or 35.22.590 shall
be void, and every officer, agent or employee of any such
city, or member of the city council, or other board thereof,
and every private person or corporation who knowingly
commits any violation thereof or knowingly aids in such
violation, shall be liable to the city concerned for all moneys
so transferred, diverted or paid out, which liability shall also
attach to and be enforceable against the official bond (if any)
of any such officer, agent, employee, member of city council
or board. [1965 c 7 § 35.22.600. Prior: 1915 c 17 § 3;
RRS § 8985. Formerly RCW 35.45.120.]
35.22.610 Police officers—Appointment without
regard to residence authorized. Notwithstanding the
provisions of RCW 35.21.200, as now or hereafter amended,
all cities of the first class shall have the right and authority
to appoint and employ a person as a regular or special police
officer of said city regardless of his place of residence or
domicile at the date of his appointment.
This provision shall supersede any provision of any city
charter to the contrary. [1967 ex.s. c 37 § 1.]
Residence requirements for appointive city officials and employees: RCW
35.21.200.
35.22.620 Public works or improvements—
Limitations on work by public employees—Small works
roster—Purchase of reused or recycled materials or
[Title 35 RCW—page 101]
35.22.620
Title 35 RCW: Cities and Towns
products. (1) As used in this section, the term "public
works" means as defined in RCW 39.04.010.
(2) A first class city may have public works performed
by contract pursuant to public notice and call for competitive
bids. As limited by subsection (3) of this section, a first
class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar
value not exceeding ten percent of the public works construction budget, including any amount in a supplemental
public works construction budget, over the budget period.
The amount of public works that a first class city has a
county perform for it under RCW 35.77.020 shall be
included within this ten percent limitation.
If a first class city has public works performed by
public employees in any budget period that are in excess of
this ten percent limitation, the amount in excess of the
permitted amount shall be reduced from the otherwise
permitted amount of public works that may be performed by
public employees for that city in its next budget period.
Twenty percent of the motor vehicle fuel tax distributions to
that city shall be withheld if two years after the year in
which the excess amount of work occurred, the city has
failed to so reduce the amount of public works that it has
performed by public employees. The amount so withheld
shall be distributed to the city when it has demonstrated in
its reports to the state auditor that the amount of public
works it has performed by public employees has been so reduced.
Whenever a first class city has had public works
performed in any budget period up to the maximum permitted amount for that budget period, all remaining public
works within that budget period shall be done by contract
pursuant to public notice and call for competitive bids.
The state auditor shall report to the state treasurer any
first class city that exceeds this amount and the extent to
which the city has or has not reduced the amount of public
works it has performed by public employees in subsequent
years.
(3) In addition to the percentage limitation provided in
subsection (2) of this section, a first class city with a
population in excess of one hundred fifty thousand shall not
have public employees perform a public works project in
excess of seventy thousand dollars, or ninety thousand
dollars after January 1, 2010, if more than a single craft or
trade is involved with the public works project, or a public
works project in excess of thirty-five thousand dollars, or
forty-five thousand dollars after January 1, 2010, if only a
single craft or trade is involved with the public works project
or the public works project is street signalization or street
lighting. In addition to the percentage limitation provided in
subsection (2) of this section, a first class city with a
population of one hundred fifty thousand or less shall not
have public employees perform a public works project in
excess of fifty thousand dollars, or sixty-five thousand dollars after January 1, 2010, if more than one craft or trade is
involved with the public works project, or a public works
project in excess of thirty thousand dollars, or forty thousand
dollars after January 1, 2010, if only a single craft or trade
is involved with the public works project or the public works
project is street signalization or street lighting. A public
works project means a complete project. The restrictions in
this subsection do not permit the division of the project into
[Title 35 RCW—page 102]
units of work or classes of work to avoid the restriction on
work that may be performed by day labor on a single
project.
(4) In addition to the accounting and record-keeping requirements contained in RCW 39.04.070, every first class
city annually shall prepare a report for the state auditor
indicating the total public works construction budget and
supplemental public works construction budget for that year,
the total construction costs of public works performed by
public employees for that year, and the amount of public
works that is performed by public employees above or below
ten percent of the total construction budget. However, if a
city budgets on a biennial basis, this annual report shall
indicate the amount of public works that is performed by
public employees within the current biennial period that is
above or below ten percent of the total biennial construction
budget.
Each first class city with a population of one hundred
fifty thousand or less shall use the form required by RCW
43.09.205 to account and record costs of public works in
excess of five thousand dollars that are not let by contract.
(5) The cost of a separate public works project shall be
the costs of materials, supplies, equipment, and labor on the
construction of that project. The value of the public works
budget shall be the value of all the separate public works
projects within the budget.
(6) The competitive bidding requirements of this section
may be waived by the city legislative authority pursuant to
RCW 39.04.280 if an exemption contained within that
section applies to the work or contract.
(7) In lieu of the procedures of subsections (2) and (6)
of this section, a first class city may let contracts using the
small works roster process in RCW 39.04.155.
Whenever possible, the city shall invite at least one
proposal from a minority or woman contractor who shall
otherwise qualify under this section.
(8) The allocation of public works projects to be
performed by city employees shall not be subject to a
collective bargaining agreement.
(9) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are
negotiated under chapter 39.35A RCW.
(10) Nothing in this section shall prohibit any first class
city from allowing for preferential purchase of products
made from recycled materials or products that may be
recycled or reused. [2002 c 94 § 1; 2000 c 138 § 203; 1998
c 278 § 2; 1993 c 198 § 9; 1989 c 431 § 59; 1987 c 120 §
1. Prior: 1985 c 219 § 1; 1985 c 169 § 6; 1979 ex.s. c 89
§ 1; 1975 1st ex.s. c 56 § 1.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Severability—1989 c 431: See RCW 70.95.901.
Competitive bidding violations by municipal officer, penalties: RCW
39.30.020.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
35.22.625 Public works or improvements—
Inapplicability of RCW 35.22.620 to certain agreements
relating to water pollution control, solid waste handling
facilities. RCW 35.22.620 does not apply to the selection of
persons or entities to construct or develop water pollution
control facilities or to provide water pollution control
(2002 Ed.)
First Class Cities
services under RCW 70.150.040 or the selection of persons
or entities to construct or develop solid waste handling
facilities or to provide solid waste handling services under
RCW 35.21.156. [1989 c 399 § 4; 1987 c 436 § 8.]
35.22.630 Public works or improvements—Cost
amounts—How determined. The cost of any public work
or improvement for the purposes of RCW 35.22.620 and
35.22.640 shall be the aggregate of all amounts to be paid
for labor, material, and equipment on one continuous or
interrelated project where work is to be performed simultaneously or in close sequence: PROVIDED, That the cost of
water services and metering equipment furnished by any first
class city in the course of a water service installation from
the utility-owned main to and including the meter box
assembly shall not be included as part of the aggregate cost
as provided herein. The breaking down of any public work
or improvement into units or accomplishing any public work
or improvement by phases for the purpose of avoiding the
minimum dollar amount prescribed in RCW 35.22.620 is
contrary to public policy and is prohibited. [1975 1st ex.s.
c 56 § 2.]
35.22.635 Public works or improvements—Low
bidder claiming error—Prohibition on later bid for same
project. A low bidder who claims error and fails to enter
into a contract with a city for a public works project is
prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. [1996 c 18
§ 1.]
35.22.640 Public works or improvements—
Electrical distribution and generating systems—Customer
may contract with qualified electrical contractor. Cities
of the first class are relieved from complying with the
provisions of RCW 35.22.620 with respect to any public
work or improvement relating solely to electrical distribution
and generating systems on public rights of way or on
municipally owned property: PROVIDED, That if a cityowned electrical utility directly assesses its customers a
service installation charge for a temporary service, permanent service, or expanded service, the customer may, with
the written approval of the city-owned electric utility,
contract with a qualified electrical contractor licensed under
chapter 19.28 RCW to install any material or equipment in
lieu of having city utility personnel perform the installation.
In the event the city-owned electric utility denies the
customer’s request to utilize a private electrical contractor
for such installation work, it shall provide the customer with
written reasons for such denial: PROVIDED FURTHER,
That nothing herein shall prevent any first class city from
operating a solid waste department utilizing its own personnel.
If a customer elects to employ a private electrical
contractor as provided in this section, the private electrical
contractor shall be solely responsible for any damages
resulting from the installation of any temporary service,
permanent service, or expanded service and the city-owned
electrical utility shall be immune from any tortious conduct
actions as to that installation. [1983 c 217 § 1; 1975 1st
ex.s. c 56 § 3.]
(2002 Ed.)
35.22.625
35.22.650 Public works or improvements—Minority
business, employees—Contract, contents. All contracts by
and between a first class city and contractors for any public
work or improvement exceeding the sum of ten thousand
dollars, or fifteen thousand dollars for construction of water
mains, shall contain the following clause:
"Contractor agrees that the contractor shall actively
solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit
bids for the subcontracting of goods or services from
qualified minority businesses. Contractor shall furnish
evidence of the contractor’s compliance with these requirements of minority employment and solicitation. Contractor
further agrees to consider the grant of subcontracts to said
minority bidders on the basis of substantially equal proposals
in the light most favorable to said minority businesses. The
contractor shall be required to submit evidence of compliance with this section as part of the bid."
As used in this section, the term "minority business"
means a business at least fifty-one percent of which is
owned by minority group members. Minority group members include, but are not limited to, blacks, women, native
Americans, Asians, Eskimos, Aleuts, and Hispanics. [2002
c 307 § 3; 1975 1st ex.s. c 56 § 4.]
Effective date—2002 c 307: See note following RCW 1.20.130.
35.22.660 Child care facilities—Review of need and
demand—Adoption of ordinances. If a first class city
zones pursuant to its inherent charter authority and not
pursuant to chapter 35.63 RCW, and does not provide for the
siting of family day care homes in zones or areas that are
designated for single family or other residential uses, and for
the siting of mini-day care centers and day care centers in
zones or areas that are designated for any residential or
commercial uses, the city shall conduct a review of the need
and demand for child care facilities, including the cost of
any conditional or special use permit that may be required.
The review shall be completed by August 30, 1990. A copy
of the findings, conclusions, and recommendations resulting
from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 335 § 7.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35.22.660: See RCW 35.63.170.
35.22.680 Residential care facilities—Review of
need and demand—Adoption of ordinances. If a first
class city zones pursuant to its inherent charter authority and
not pursuant to chapter 35.63 RCW, and does not provide
for the siting of residential care facilities in zones or areas
that are designated for single family or other residential uses,
[Title 35 RCW—page 103]
35.22.680
Title 35 RCW: Cities and Towns
the city shall conduct a review of the need and demand for
the facilities, including the cost of any conditional or special
use permit that may be required. The review shall be
completed by August 30, 1990. A copy of the findings,
conclusions, and recommendations resulting from the review
shall be sent to the *department of community development
by September 30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 427 § 39.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
35.22.685 Conditional and special use permit
applications by parties licensed or certified by the
department of social and health services or the department of corrections—Mediation prior to appeal required.
A final decision by a hearing examiner involving a conditional or special use permit application under a home-rule
charter that is requested by a party that is licensed or
certified by the department of social and health services or
the department of corrections is subject to mediation under
RCW 35.63.260 before an appeal may be filed. [1998 c 119
§ 4.]
35.22.690 First class cities subject to limitations on
moratoria, interim zoning controls. A first class city that
plans under the authority of its charter is subject to the
provisions of RCW 35.63.200. [1992 c 207 § 2.]
35.22.695 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a first class city
planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the first class city’s comprehensive plan
and development regulations in effect on July 1st of that
year and shall thereafter provide any amendments to the plan
and regulations that were adopted before July 31st of each
following year. [1996 c 254 § 2.]
35.22.700 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by
a city pursuant to this chapter shall be subject to and in
conformity with the requirements of chapter 43.97 RCW,
including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 5.]
35.22.900 Liberal construction. The rule that statutes
in derogation of the common law are to be strictly construed
shall have no application to this chapter, but the same shall
be liberally construed for the purpose of carrying out the
[Title 35 RCW—page 104]
objects for which this chapter is intended. [1965 c 7 §
35.22.900. Prior: 1890 p 224 § 8.]
Chapter 35.23
SECOND CLASS CITIES
Sections
35.23.010
35.23.021
35.23.031
35.23.051
35.23.081
35.23.091
35.23.101
35.23.111
35.23.121
35.23.131
35.23.134
35.23.141
35.23.142
35.23.144
35.23.146
35.23.148
35.23.161
35.23.170
35.23.181
35.23.191
35.23.201
35.23.211
35.23.221
35.23.251
35.23.261
35.23.270
35.23.290
35.23.311
35.23.330
35.23.331
35.23.351
35.23.352
35.23.371
35.23.380
35.23.410
35.23.420
35.23.430
35.23.440
35.23.442
35.23.443
35.23.444
35.23.445
35.23.452
35.23.454
35.23.455
35.23.456
35.23.457
Rights, powers and privileges—Exchange of park purpose
property.
City officers enumerated—Compensation—Appointment and
removal.
Eligibility to hold elective office.
Elections—Terms of office—Positions and wards.
Oath and bond of officers.
Compensation of officers—Expenses—Nonstate pensions.
Vacancies.
City attorney—Duties.
City clerk—Duties—Deputies.
City treasurer—Duties.
Association of sheriffs and police chiefs.
Duty of officers collecting moneys.
Combination of offices of treasurer with clerk—Authorized.
Combination of offices of treasurer with clerk—Powers of
clerk.
Combination of offices of treasurer with clerk—Powers of
treasurer.
Combination of offices of treasurer with clerk—Ordinance—
Termination of combined offices.
Chief of police and police department.
Park commissioners.
City council—Oath—Meetings.
City council—Mayor pro tempore.
City council—Meetings—Journal.
Ordinances—Style—Requisites—Veto.
Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
Ordinances granting franchises—Requisites.
Audit and allowance of demands against city.
City council—Quorum—Rules—Journal, etc.
City council—Entry of ayes and noes on journal.
Eminent domain.
Limitation on allowance of claims, warrants, etc.
Nuisances.
Application of RCW 35.23.352 to certain agreements relating to water pollution control, solid waste handling
facilities.
Public works—Contracts—Bids—Small works roster—
Purchasing requirements, recycled or reused materials or
products.
Taxation—Street poll tax.
Exclusive franchises prohibited.
Leasing of street ends on waterfront.
Notice of lease to be published before execution.
Railroads in streets to be assessed for street improvement.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be
at a single uniform rate.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
Additional powers—Acquisition, control, and disposition of
property.
Additional powers—Parking meter revenue for revenue
bonds.
Additional powers—Construction and operation of boat
harbors, marinas, docks, etc.
Additional powers—Ambulances and first aid equipment.
Conveyance or lease of space above real property or structures or improvements.
(2002 Ed.)
Second Class Cities
35.23.460
35.23.470
35.23.480
35.23.490
35.23.505
Employees’ group insurance—False arrest insurance.
Publicity fund.
Publicity board.
Limitations on use of publicity fund.
Local improvement guaranty fund—Investment in city’s
own guaranteed bonds.
35.23.515 Utilities—City may contract for service or construct own
facilities.
35.23.525 Utilities—Method of acquisition—Bonds.
35.23.535 Utilities—Maintenance and operation—Rates.
35.23.545 Procedure to attack consolidation or annexation of territory.
35.23.555 Criminal code repeals by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35.23.560 Waterworks—Construction by city or by district assessments.
35.23.570 Waterworks—Plans—Special assessments.
35.23.580 Waterworks—Procedure—Bonds.
35.23.680 Cities of ten thousand or more may frame charter without
changing classification.
35.23.800 Code city retaining former second class city plan—Elective
officers.
35.23.805 Code city retaining former second class city plan—
Elections—Terms of office.
35.23.810 Code city retaining former second class city plan—Mayor—
General duties.
35.23.815 Code city retaining former second class city plan—
Appointive officers.
35.23.820 Code city retaining former second class city plan—Health
officer.
35.23.825 Code city retaining former second class city plan—Street
commissioner.
35.23.830 Code city retaining former second class city plan—
Appointment of officers—Confirmation.
35.23.835 Code city retaining former second class city plan—Oath and
bond of officers.
35.23.840 Code city retaining former second class city plan—City
council—How constituted.
35.23.845 Code city retaining former second class city plan—City
council—Presiding officer—Voting rights.
35.23.850 Code city retaining former second class city plan—Wards—
Division of city into.
Accident claims against: RCW 35.31.040, 35.31.050.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Annexation
for municipal purposes: RCW 35.13.180.
of federal areas: RCW 35.13.190 through 35.13.210.
Classification as: RCW 35.01.020.
Code of ethics for public officers and employees: Chapters 42.23 and
42.52 RCW.
Eminent domain by cities, construction of chapter as to second class cities:
RCW 8.12.560.
Inhabitants at time of organization: RCW 35.01.020.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Lost and found property: Chapter 63.21 RCW.
Lowlands, local improvement: Chapters 35.55, 35.56 RCW.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Officers, salaries of, not to be changed during term: State Constitution Art.
11 § 8 (Amendment 57).
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Parking, off-street facilities: Chapter 35.86 RCW.
Rules for courts of limited jurisdiction: Volume 0.
(2002 Ed.)
Chapter 35.23
Sanitary fills: Chapter 35.73 RCW.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction and reconstruction, generally: Chapter 35.69 RCW.
Streets and alleys, grades at higher elevation, drainage impracticable on
private abutting land, effect: Chapter 35.73 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
35.23.010 Rights, powers and privileges—Exchange
of park purpose property. Every city of the second class
shall be entitled "City of . . . . . ." (naming it), and by such
name shall have perpetual succession; may sue and be sued
in all courts and in all proceedings; shall have and use a
common seal which it may alter at pleasure; may acquire,
hold, lease, use and enjoy property of every kind and control
and dispose of it for the common benefit; and, upon making
a finding that any property acquired for park purposes is not
useful for such purposes and that an exchange thereof for
other property to be dedicated for park purposes is in the
public interest, may, with the consent of the dedicator or
donor, his heirs, successors or assigns, exchange such
property for other property to be dedicated for park purposes
and make, execute and deliver proper conveyances to effect
the exchange. In any case where owing to death or lapse of
time there is neither donor, heir, successor, nor assigns to
give consent to the exchange, then this consent may be
executed by the grantee. Title to property so conveyed by
the city shall vest in the grantee free and clear of any trust
in favor of the public arising out of any prior dedication for
park purposes. [1965 c 7 § 35.23.010. Prior: 1953 c 190
§ 1; 1907 c 241 § 1; RRS § 9006.]
35.23.021
City officers enumerated—
Compensation—Appointment and removal. The government of a second class city shall be vested in a mayor, a city
council of seven members, a city attorney, a clerk, a treasurer, all elective; and a chief of police, municipal judge, city
engineer, street superintendent, health officer and such other
appointive officers as may be provided for by ordinance:
PROVIDED, That the council may enact an ordinance
providing for the appointment of the city clerk, city attorney,
and treasurer by the mayor, which appointment shall be
subject to confirmation by a majority vote of the city
council. Such ordinance shall be enacted and become effective not later than thirty days prior to the first day allowed
for filing declarations of candidacy for such offices when
such offices are subject to an approaching city primary
election. Elective incumbent city clerks, city attorneys, and
city treasurers shall serve for the remainder of their unexpired term notwithstanding any appointment made pursuant
to this section and RCW 35.23.051. If a free public library
and reading room is established, five library trustees shall be
appointed. The city council by ordinance shall prescribe the
duties and fix the compensation of all officers and employees: PROVIDED, That the provisions of any such ordinance
shall not be inconsistent with any statute: PROVIDED
FURTHER, That where the city council finds that the appointment of a full time city engineer is unnecessary, it may
in lieu of such appointment, by resolution provide for the
performance of necessary engineering services on either a
part time, temporary or periodic basis by a qualified engineering firm, pursuant to any reasonable contract.
[Title 35 RCW—page 105]
35.23.021
Title 35 RCW: Cities and Towns
The mayor shall appoint and at his or her pleasure may
remove all appointive officers except as otherwise provided
herein: PROVIDED, That municipal judges shall be
removed only upon conviction of misconduct or malfeasance
in office, or because of physical or mental disability rendering the judge incapable of performing the duties of his or her
office. Every appointment or removal must be in writing
signed by the mayor and filed with the city clerk. [1994 c
81 § 35; 1993 c 47 § 1; 1987 c 3 § 9; 1969 c 116 § 1; 1965
ex.s. c 116 § 9; 1965 c 7 § 35.24.020. Prior: 1961 c 81 §
1; 1955 c 365 § 2; 1955 c 55 § 5; prior: (i) 1915 c 184 § 2;
1891 c 156 § 4; 1890 p 179 § 105; RRS § 9115. (ii) 1929
c 182 § 1, part; 1927 c 159 § 1; 1915 c 184 § 3, part; 1893
c 57 § 1; 1891 c 156 § 1; 1890 p 179 § 106; RRS § 9116,
part. (iii) 1915 c 184 § 28; 1890 p 196 § 137; RRS § 9142.
Formerly RCW 35.24.020.]
Severability—1987 c 3: See note following RCW 3.46.020.
35.23.031 Eligibility to hold elective office. No
person is eligible to hold an elective office in a second class
city unless the person is a resident and registered voter in the
city. [1997 c 361 § 7.]
35.23.051 Elections—Terms of office—Positions and
wards. General municipal elections in second class cities
shall be held biennially in the odd-numbered years and shall
be subject to general election law.
The terms of office of the mayor, city attorney, clerk,
and treasurer shall be four years and until their successors
are elected and qualified and assume office in accordance
with RCW 29.04.170: PROVIDED, That if the offices of
city attorney, clerk, and treasurer are made appointive, the
city attorney, clerk, and treasurer shall not be appointed for
a definite term: PROVIDED FURTHER, That the term of
the elected treasurer shall not commence in the same
biennium in which the term of the mayor commences, nor in
which the terms of the city attorney and clerk commence if
they are elected.
Council positions shall be numbered in each second
class city so that council position seven has a two-year term
of office and council positions one through six shall each
have four-year terms of office. Each councilmember shall
remain in office until a successor is elected and qualified and
assumes office in accordance with RCW 29.04.170.
In its discretion the council of a second class city may
divide the city by ordinance, into a convenient number of
wards, not exceeding six, fix the boundaries of the wards,
and change the ward boundaries from time to time and as
provided in RCW 29.70.100. No change in the boundaries
of any ward shall be made within one hundred twenty days
next before the date of a general municipal election, nor
within twenty months after the wards have been established
or altered. However, if a boundary change results in one
ward being represented by more councilmembers than the
number to which it is entitled, those having the shortest
unexpired terms shall be assigned by the council to wards
where there is a vacancy, and the councilmembers so
assigned shall be deemed to be residents of the wards to
which they are assigned for purposes of determining whether
those positions are vacant.
[Title 35 RCW—page 106]
Whenever such city is so divided into wards, the city
council shall designate by ordinance the number of
councilmembers to be elected from each ward, apportioning
the same in proportion to the population of the wards.
Thereafter the councilmembers so designated shall be elected
by the voters resident in such ward, or by general vote of the
whole city as may be designated in such ordinance. Council
position seven shall not be associated with a ward and the
person elected to that position may reside anywhere in the
city and voters throughout the city may vote at a primary to
nominate candidates for position seven, when a primary is
necessary, and at a general election to elect the person to
council position seven. Additional territory that is added to
the city shall, by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the
expiration of twenty months after last previous division. The
removal of a councilmember from the ward for which he or
she was elected shall create a vacancy in such office.
Wards shall be redrawn as provided in chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident
of the ward may be a candidate for, or hold office as, a
councilmember of the ward; and (2) only voters of the ward
may vote at a primary to nominate candidates for a
councilmember of the ward. Voters of the entire city may
vote at the general election to elect a councilmember of a
ward, unless the city had prior to January 1, 1994, limited
the voting in the general election for any or all council
positions to only voters residing within the ward associated
with the council positions. If a city had so limited the
voting in the general election to only voters residing within
the ward, then the city shall be authorized to continue to do
so. The elections for the remaining council position or
council positions that are not associated with a ward shall be
conducted as if the wards did not exist. [1997 c 361 § 13;
1995 c 134 § 8. Prior: 1994 c 223 § 17; 1994 c 81 § 36;
1979 ex.s. c 126 § 22; 1969 c 116 § 2; 1965 c 7 §
35.24.050; prior: 1963 c 200 § 15; 1959 c 86 § 4; 1955 c
365 § 3; 1955 c 55 § 6; prior: (i) 1929 c 182 § 1, part;
1927 c 159 § 1; 1915 c 184 § 3, part; 1893 c 57 § 1; 1891
c 156 § 1; 1890 p 179 § 106; RRS § 9116, part. (ii) 1941
c 108 § 1; 1939 c 87 § 1; Rem. Supp. 1941 § 9116-1.
Formerly RCW 35.24.050.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.23.081 Oath and bond of officers. In a city of the
second class, the treasurer, city attorney, clerk, chief of
police, and such other officers as the council may require
shall each, before entering upon the duties of office, take an
oath of office and execute and file with the clerk an official
bond in such penal sum as the council shall determine,
conditioned for the faithful performance of his or her duties
and otherwise conditioned as may be provided by ordinance.
The oath of office shall be filed with the county auditor.
[1994 c 81 § 37; 1987 c 3 § 10; 1986 c 167 § 18; 1965 c 7
§ 35.24.080. Prior: 1915 c 184 § 5; 1893 c 70 § 1; 1890 p
179 § 107; RRS § 9118. Formerly RCW 35.24.080.]
Severability—1987 c 3: See note following RCW 3.46.020.
Severability—1986 c 167: See note following RCW 29.01.055.
35.23.091 Compensation of officers—Expenses—
Nonstate pensions. The mayor and the members of the city
(2002 Ed.)
Second Class Cities
council may be reimbursed for actual expenses incurred in
the discharge of their official duties, upon presentation of a
claim therefor, after allowance and approval thereof, by
resolution of the city council; and each city councilmember
may be paid for attending council meetings an amount which
shall be fixed by ordinance and may be revised from time to
time by ordinance, but any increase or reduction in the
compensation attaching to an office shall not be applicable
to the term then being served by the incumbent.
The city attorney, clerk and treasurer, if elective, shall
severally receive at stated times a compensation to be fixed
by ordinance by the city council.
The mayor and other officers shall receive such compensation as may be fixed by the city council at the time the
estimates are made as provided by law.
Any city that provides a pension for any of its employees under a plan not administered by the state must notify
the state auditor of the existence of the plan at the time of an
audit of the city by the auditor. No city may establish a
pension plan for its employees that is not administered by
the state, except that any defined contribution plan in
existence as of January 1, 1990, is deemed to have been
authorized. No city that provides a defined contribution plan
for its employees as authorized by this section may make
any material changes in the terms or conditions of the plan
after June 7, 1990. [1990 c 212 § 1; 1973 1st ex.s. c 87 §
1; 1969 ex.s. c 270 § 8; 1965 c 105 § 1; 1965 c 7 §
35.24.090. Prior: 1961 c 89 § 7; 1941 c 115 § 1; 1915 c
184 § 7; 1893 c 70 § 2; 1890 p 180 § 109; Rem. Supp. 1941
§ 9120. Formerly RCW 35.24.090.]
35.23.101 Vacancies. The council of a second class
city may declare a council position vacant if the
councilmember is absent for three consecutive regular
meetings without permission of the council. In addition, a
vacancy in an elective office shall occur and shall be filled
as provided in chapter 42.12 RCW.
Vacancies in offices other than that of mayor or city
councilmember shall be filled by appointment of the mayor.
If there is a temporary vacancy in an appointive office
due to illness, absence from the city or other temporary
inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary
disability of the incumbent is removed. [1995 c 134 § 9.
Prior: 1994 c 223 § 19; 1994 c 81 § 38; 1965 c 7 §
35.24.100; prior: (i) 1919 c 113 § 1; 1915 c 184 § 6; 1890
p 180 § 108; RRS § 9119. (ii) 1907 c 228 § 5, part; RRS
§ 9203, part. Formerly RCW 35.24.100.]
Vacancies in office of mayor filled from among city council members: RCW
35.23.191.
35.23.111 City attorney—Duties. The city attorney
shall advise the city authorities and officers in all legal
matters pertaining to the business of the city and shall
approve all ordinances as to form. He shall represent the
city in all actions brought by or against the city or against
city officials in their official capacity. He shall perform
such other duties as the city council by ordinance may direct.
[1965 c 7 § 35.24.110. Prior: 1915 c 184 § 26; 1893 c 70
§ 11; 1890 p 192 § 132; RRS § 9140. Formerly RCW
35.24.110.]
(2002 Ed.)
35.23.091
Employment of legal interns: RCW 35.21.760.
35.23.121 City clerk—Duties—Deputies. The city
clerk shall keep a full and true record of every act and
proceeding of the city council and keep such books, accounts
and make such reports as may be required by the state auditor. The city clerk shall record all ordinances, annexing
thereto his or her certificate giving the number and title of
the ordinance, stating that the ordinance was published and
posted according to law and that the record is a true and
correct copy thereof. The record copy with the clerk’s certificate shall be prima facie evidence of the contents of the
ordinance and of its passage and publication and shall be
admissible as such evidence in any court or proceeding.
The city clerk shall be custodian of the seal of the city
and shall have authority to acknowledge the execution of all
instruments by the city which require acknowledgment.
The city clerk may appoint a deputy for whose acts he
or she and his or her bondsmen shall be responsible, and he
or she and his or her deputy shall have authority to take all
necessary affidavits to claims against the city and certify
them without charge.
The city clerk shall perform such other duties as may be
required by statute or ordinance. [1995 c 301 § 36; 1965 c
7 § 35.24.120. Prior: 1915 c 184 § 25; RRS § 9139.
Formerly RCW 35.24.120.]
35.23.131 City treasurer—Duties. The city treasurer
shall receive and safely keep all money which comes into his
hands as treasurer, for all of which he shall execute triplicate
receipts, one to be filed with the city clerk. He shall receive
all money due the city and disburse it on warrants issued by
the clerk countersigned by the mayor, and not otherwise. He
shall make monthly settlements with the city clerk at which
time he shall deliver to the clerk the duplicate receipts for all
money received and all canceled warrants as evidence of
money paid. [1965 c 7 § 35.24.130. Prior: 1915 c 184 §
24; 1893 c 70 § 8; 1890 p 192 § 132; RRS § 9138. Formerly RCW 35.24.130.]
35.23.134 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
35.23.141 Duty of officers collecting moneys. Every
officer collecting or receiving any money belonging to or for
the use of the city shall settle with the clerk and immediately
pay it into the treasury on the order of the clerk to be
credited to the fund to which it belongs. [1965 c 7 §
35.24.140. Prior: 1915 c 184 § 30; 1890 p 197 § 139; RRS
§ 9144. Formerly RCW 35.24.140.]
35.23.142 Combination of offices of treasurer with
clerk—Authorized. The city council of any city of the
second class is authorized to provide by ordinance that the
office of treasurer shall be combined with that of clerk, or
that the office of clerk shall be combined with that of
treasurer: PROVIDED, That such ordinance shall not be
voted upon until the next regular meeting after its introduction. [1994 c 81 § 39; 1969 c 116 § 3. Formerly RCW
35.24.142.]
[Title 35 RCW—page 107]
35.23.144
Title 35 RCW: Cities and Towns
35.23.144 Combination of offices of treasurer with
clerk—Powers of clerk. In the event that the office of
treasurer is combined with the office of clerk so as to
become the office of clerk-treasurer, the clerk shall exercise
all the powers vested in and perform all the duties required
to be performed by the treasurer, and in cases where the law
requires the treasurer to sign or execute any papers or
documents, it shall not be necessary for the clerk to sign as
treasurer, but shall be sufficient if he signs as clerk. [1969
c 116 § 4. Formerly RCW 35.24.144.]
35.23.146 Combination of offices of treasurer with
clerk—Powers of treasurer. In the event that the office of
clerk is combined with the office of treasurer so as to
become the office of treasurer-clerk, the treasurer shall
exercise all the powers vested in and perform all the duties
required to be performed by the clerk. [1969 c 116 § 5.
Formerly RCW 35.24.146.]
35.23.148 Combination of offices of treasurer with
clerk—Ordinance—Termination of combined offices.
The ordinance provided for combining said offices shall
provide the date when the combination shall become
effective, which date shall not be less than three months
from the date when the ordinance becomes effective; and on
and after said date the office of treasurer or clerk, as the
case may be, shall be abolished. Any city which as herein
provided, combined the office of treasurer with that of clerk
or the office of clerk with that of treasurer may terminate
such combination by ordinance, fixing the time when the
combination shall cease and thereafter the duties of the
offices shall be performed by separate officials: PROVIDED, That if the office of treasurer was combined with that
of clerk, or an elective office of clerk was combined with
the office of treasurer, the mayor shall appoint a treasurer
and clerk who shall serve until the next regular municipal
general election when a treasurer and clerk shall be elected
for the term as provided by law unless such city has enacted
an ordinance in accordance with *RCW 35.24.020. [1969 c
116 § 6. Formerly RCW 35.24.148.]
*Reviser’s note: RCW 35.24.020 was recodified as RCW 35.23.021
pursuant to 1994 c 81 § 90.
35.23.161 Chief of police and police department.
The department of police in a city of the second class shall
be under the direction and control of the chief of police
subject to the direction of the mayor. Any police officer
may pursue and arrest violators of city ordinances beyond
the city limits.
Every citizen shall lend the police chief aid, when
required, for the arrest of offenders and maintenance of
public order. With the concurrence of the mayor, the police
chief may appoint additional police officers to serve for one
day only under orders of the chief in the preservation of
public order.
The police chief shall have the same authority as that
conferred upon sheriffs for the suppression of any riot,
public tumult, disturbance of the peace, or resistance against
the laws or the public authorities in the lawful exercise of
their functions and shall be entitled to the same protection.
[Title 35 RCW—page 108]
The police chief shall perform such other services as
may be required by statute or ordinances of the city. [1994
c 81 § 40; 1987 c 3 § 11; 1977 ex.s. c 316 § 22; 1965 c 7
§ 35.24.160. Prior: 1915 c 184 § 27; 1893 c 70 § 12; 1890
p 195 § 136; RRS § 9141. Formerly RCW 35.24.160.]
Severability—1987 c 3: See note following RCW 3.46.020.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
Commencement of actions: Chapter 4.28 RCW.
Duties of chief law enforcement officer receiving found property: RCW
63.21.050.
Law enforcement chaplains authorized: Chapter 41.22 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
35.23.170 Park commissioners. Councils of second
class cities and towns may provide by ordinance, for a board
of park commissioners, not to exceed seven in number, to
be appointed by the mayor, with the consent of the city
council, from citizens of recognized fitness for such position.
No commissioner shall receive any compensation. The first
commissioners shall determine by lot whose term of office
shall expire each year, and a new commissioner shall be
appointed annually to serve for a term of years corresponding in number to the number of commissioners in order that
one term shall expire each year. Such board of park
commissioners shall have only such powers and authority
with respect to the management, supervision, and control of
parks and recreational facilities and programs as are granted
to it by the council. [1994 c 81 § 16; 1973 c 76 § 1; 1965
c 7 § 35.23.170. Prior: 1953 c 86 § 1; 1925 ex.s. c 121 §
1; 1907 c 228 § 2; RRS § 9200.]
35.23.181 City council—Oath—Meetings. The city
council and mayor shall meet in January next succeeding the
date of each general municipal election, and shall take the
oath of office, and shall hold regular meetings at least once
during each month but not to exceed one regular meeting in
each week, at such times as may be fixed by ordinance.
Special meetings may be called by the mayor by written
notice as provided in RCW 42.30.080. No ordinances shall
be passed or contract let or entered into, or bill for the
payment of money allowed at any special meeting.
All meetings of the city council shall be held at such
place as may be designated by the city council. All final
actions on resolutions and ordinances must take place within
the corporate limits of the city. All meetings of the city
council must be public. [1993 c 199 § 2; 1965 c 7 §
35.24.180. Prior: 1915 c 184 § 10, part; 1893 c 70 § 3;
1890 p 181 § 113; RRS § 9123, part. Formerly RCW
35.24.180.]
35.23.191 City council—Mayor pro tempore. The
members of the city council, at their first meeting each
calendar year and thereafter whenever a vacancy occurs in
the office of mayor pro tempore, shall elect from among
their number a mayor pro tempore, who shall hold office at
the pleasure of the council and in case of the absence of the
mayor, perform the duties of mayor except that he or she
shall not have the power to appoint or remove any officer or
to veto any ordinance. If a vacancy occurs in the office of
mayor, the city council at their next regular meeting shall
elect from among their number a mayor, who shall serve
(2002 Ed.)
Second Class Cities
until a mayor is elected and certified at the next municipal
election.
The mayor and the mayor pro tempore shall have power
to administer oaths and affirmations, take affidavits and
certify them. The mayor or the mayor pro tempore when
acting as mayor, shall sign all conveyances made by the city
and all instruments which require the seal of the city. [1994
c 81 § 41; 1969 c 101 § 3; 1965 c 7 § 35.24.190. Prior: (i)
1915 c 184 § 10, part; 1893 c 70 § 3; 1890 p 181 § 113;
RRS § 9123, part. (ii) 1915 c 184 § 23; RRS § 9137. Formerly RCW 35.24.190.]
35.23.191
12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS § 9125,
part. (iii) 1915 c 184 § 18, part; 1890 p 186 § 118; RRS §
9132, part. Formerly RCW 35.24.210.]
Codification of city or town ordinances: RCW 35.21.500 through
35.21.570.
35.23.201 City council—Meetings—Journal. All
meetings of the council shall be presided over by the mayor,
or, in the mayor’s absence, by the mayor pro tempore. The
mayor shall have a vote only in the case of a tie in the votes
of the councilmembers. If the clerk is absent from a council
meeting, the mayor or mayor pro tempore shall appoint one
of the members of the council as clerk pro tempore. The
appointment of a councilmember as mayor pro tempore or
clerk pro tempore shall not in any way abridge the
councilmember’s right to vote upon all questions coming
before the council.
The clerk shall keep a correct journal of all proceedings
and at the desire of any member the ayes and noes shall be
taken on any question and entered in the journal. [1994 c 81
§ 42; 1965 c 107 § 1; 1965 c 7 § 35.24.200. Prior: (i) 1915
c 184 § 13, part; 1890 p 182 § 115; RRS § 9126, part. (ii)
1915 c 184 § 11, part; 1891 c 156 § 2; 1890 p 182 § 114;
RRS § 9124, part. Formerly RCW 35.24.200.]
35.23.211 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances in a second class city
shall be as follows: "The city council of the city of . . . . . .
do ordain as follows:"
No ordinance shall contain more than one subject and
that must be clearly expressed in its title.
No ordinance or any section thereof shall be revised or
amended unless the new ordinance sets forth the revised
ordinance or the amended section at full length.
No ordinance and no resolution or order shall have any
validity or effect unless passed by the votes of at least four
councilmembers.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided in this title.
Every ordinance which passes the council in order to
become valid must be presented to the mayor; if the mayor
approves it, the mayor shall sign it, but if not, the mayor
shall return it with written objections to the council and the
council shall cause the mayor’s objections to be entered at
large upon the journal and proceed to a reconsideration
thereof. If upon reconsideration five members of the council
voting upon a call of yeas and nays favor its passage, the
ordinance shall become valid notwithstanding the mayor’s
veto. If the mayor fails for ten days to either approve or
veto an ordinance, it shall become valid without the approval
of the mayor.
Every ordinance shall be signed by the mayor and
attested by the clerk. [1994 c 81 § 43; 1965 c 7 §
35.24.210. Prior: (i) 1915 c 184 § 11, part; 1891 c 156 §
2; 1890 p 182 § 114; RRS § 9124, part. (ii) 1915 c 184 §
35.23.221 Ordinances—Publication—Summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of
the content of each ordinance shall be published at least once
in the city’s official newspaper.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the
publication shall include a statement that the full text of the
ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance,
every city shall establish a procedure for notifying the public
of upcoming hearings and the preliminary agenda for the
forthcoming council meeting. Such procedure may include,
but not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 10; 1988 c 168 § 4; 1987 c 400
§ 1; 1985 c 469 § 25; 1965 c 7 § 35.24.220. Prior: (i) 1915
c 184 § 18, part; 1890 p 186 § 118; RRS § 9132, part. (ii)
1915 c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116;
RRS § 9125, part. Formerly RCW 35.24.220.]
35.23.251 Ordinances granting franchises—
Requisites. No ordinance or resolution granting any
franchise for any purpose shall be passed by the city council
on the day of its introduction, nor for five days thereafter,
nor at any other than a regular meeting nor without first
being submitted to the city attorney.
No franchise or valuable privilege shall be granted
unless by the vote of at least five members of the city
council.
The city council may require a bond in a reasonable
amount for any person or corporation obtaining a franchise
from the city conditioned for the faithful performance of the
conditions and terms of the franchise and providing a
recovery on the bond in case of failure to perform the terms
and conditions of franchise. [1965 c 7 § 35.24.250. Prior:
(i) 1915 c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116;
RRS § 9125, part. (ii) 1907 c 228 § 1, part; RRS § 9199,
part. Formerly RCW 35.24.250.]
(2002 Ed.)
35.23.261 Audit and allowance of demands against
city. All demands against the city shall be presented to and
audited by the city council in accordance with such regulations as it may by ordinance prescribe; and upon the allowance of a demand, the clerk shall draw a warrant upon
[Title 35 RCW—page 109]
35.23.261
Title 35 RCW: Cities and Towns
the treasurer for it, which warrant shall be countersigned by
the mayor and shall specify for what purpose it is drawn and
out of which fund it is to be paid. [1965 c 7 § 35.24.260.
Prior: 1915 c 184 § 19; 1890 p 186 § 119; RRS § 9133.
Formerly RCW 35.24.260.]
35.23.270 City council—Quorum—Rules—Journal,
etc. A majority of the councilmembers shall constitute a
quorum for the transaction of business. A less number may
compel the attendance of absent members and may adjourn
from time to time. The council shall determine its rules of
proceedings. The council may punish their members for
disorderly conduct and upon written charges entered upon
the journal therefor, may, after trial, expel a member by twothirds vote of all the members elected. All orders of the city
council shall be entered upon the journal of its proceedings,
which journal shall be signed by the officer who presided at
the meeting. The journal shall be kept by the clerk under
the council’s direction. [1994 c 81 § 17; 1965 c 7 §
35.23.270. Prior: (i) 1907 c 241 § 28, part; 1890 p 148 §
37; RRS § 9033, part. (ii) 1907 c 241 § 59; 1890 p 159 §
49; RRS § 9062.]
35.23.290 City council—Entry of ayes and noes on
journal. At any time, at the request of any two members
the ayes and noes on any question may be taken and entered
upon the journal and they must be so taken and entered upon
the passage of all ordinances appropriating money, imposing
taxes, abolishing licenses, increasing or lessening the amount
to be paid for licenses. [1965 c 7 § 35.23.290. Prior: (i)
1907 c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part.
(ii) 1907 c 241 § 60; 1890 p 159 § 50; RRS § 9063.]
35.23.311 Eminent domain. Whenever it shall
become necessary for the city to take or damage private
property for the purpose of establishing, laying out, extending and widening streets and other public highways and
places within the city, or for the purpose of securing rightsof-way for drains, sewers and aqueducts, and for the purpose
of widening, straightening or diverting the channels of
streams and the improvement of waterfronts, or any other
public purpose, and the city council cannot agree with the
owner thereof as to the price to be paid, the city council may
proceed to acquire, take or damage the same in the manner
provided by chapter 8.12 RCW or by chapter 8.20 RCW.
[1965 c 7 § 35.24.310. Prior: 1915 c 184 § 22; RRS §
9136. Formerly RCW 35.24.310.]
35.23.330 Limitation on allowance of claims,
warrants, etc. No claim shall be allowed against the city by
the city council, nor shall the city council order any warrants
to be drawn except at a general meeting of the council. The
council shall never allow, make valid, or recognize any
demand against the city which was not a valid claim against
it when the obligation was created, nor authorize to be paid
any demand which without such action would be invalid or
which is then barred by the statute of limitations, or for
which the city was never liable, and any such action shall be
void. [1965 c 7 § 35.23.330. Prior: (i) 1907 c 241 § 35;
RRS § 9042. (ii) 1907 c 241 § 72, part; RRS § 9075, part.]
[Title 35 RCW—page 110]
35.23.331 Nuisances. Every act or thing done or
being within the limits of a second class city which is
declared by law or by ordinance to be a nuisance shall be a
nuisance and shall be so considered in all actions and
proceedings. All remedies given by law for the prevention
and abatement of nuisances shall apply thereto. [1994 c 81
§ 46; 1965 c 7 § 35.24.330. Prior: 1915 c 184 § 21; 1890
p 187 § 123; RRS § 9135. Formerly RCW 35.24.330.]
Public nuisances: Chapter 9.66 RCW.
35.23.351 Application of RCW 35.23.352 to certain
agreements relating to water pollution control, solid
waste handling facilities. RCW 35.23.352 does not apply
to the selection of persons or entities to construct or develop
water pollution control facilities or to provide water pollution
control services under RCW 70.150.040 or the selection of
persons or entities to construct or develop solid waste
handling facilities or to provide solid waste handling services
under RCW 35.21.156. [1989 c 399 § 5; 1986 c 244 § 10.]
Severability—1986 c 244: See RCW 70.150.905.
35.23.352 Public works—Contracts—Bids—Small
works roster—Purchasing requirements, recycled or
reused materials or products. (1) Any second class city or
any town may construct any public works, as defined in
RCW 39.04.010, by contract or day labor without calling for
bids therefor whenever the estimated cost of the work or
improvement, including cost of materials, supplies and
equipment will not exceed the sum of forty-five thousand
dollars, or sixty thousand dollars after January 1, 2010, if
more than one craft or trade is involved with the public
works, or thirty thousand dollars, or forty thousand dollars
after January 1, 2010, if a single craft or trade is involved
with the public works or the public works project is street
signalization or street lighting. A public works project
means a complete project. The restrictions in this subsection
do not permit the division of the project into units of work
or classes of work to avoid the restriction on work that may
be performed by day labor on a single project.
Whenever the cost of the public work or improvement,
including materials, supplies and equipment, will exceed
these figures, the same shall be done by contract. All such
contracts shall be let at public bidding upon publication of
notice calling for sealed bids upon the work. The notice
shall be published in the official newspaper, or a newspaper
of general circulation most likely to bring responsive bids,
at least thirteen days prior to the last date upon which bids
will be received. The notice shall generally state the nature
of the work to be done that plans and specifications therefor
shall then be on file in the city or town hall for public
inspections, and require that bids be sealed and filed with the
council or commission within the time specified therein.
Each bid shall be accompanied by a bid proposal deposit in
the form of a cashier’s check, postal money order, or surety
bond to the council or commission for a sum of not less than
five percent of the amount of the bid, and no bid shall be
considered unless accompanied by such bid proposal deposit.
The council or commission of the city or town shall let the
contract to the lowest responsible bidder or shall have power
by resolution to reject any or all bids and to make further
calls for bids in the same manner as the original call.
(2002 Ed.)
Second Class Cities
When the contract is let then all bid proposal deposits
shall be returned to the bidders except that of the successful
bidder which shall be retained until a contract is entered into
and a bond to perform the work furnished, with surety
satisfactory to the council or commission, in accordance with
RCW 39.08.030. If the bidder fails to enter into the contract
in accordance with his or her bid and furnish a bond within
ten days from the date at which he or she is notified that he
or she is the successful bidder, the check or postal money
order and the amount thereof shall be forfeited to the council
or commission or the council or commission shall recover
the amount of the surety bond. A low bidder who claims
error and fails to enter into a contract is prohibited from
bidding on the same project if a second or subsequent call
for bids is made for the project.
If no bid is received on the first call the council or
commission may readvertise and make a second call, or may
enter into a contract without any further call or may purchase the supplies, material or equipment and perform the
work or improvement by day labor.
(2) The allocation of public works projects to be
performed by city or town employees shall not be subject to
a collective bargaining agreement.
(3) In lieu of the procedures of subsection (1) of this
section, a second class city or a town may let contracts using
the small works roster process provided in RCW 39.04.155.
Whenever possible, the city or town shall invite at least
one proposal from a minority or woman contractor who shall
otherwise qualify under this section.
(4) The form required by RCW 43.09.205 shall be to
account and record costs of public works in excess of five
thousand dollars that are not let by contract.
(5) The cost of a separate public works project shall be
the costs of the materials, equipment, supplies, and labor on
that construction project.
(6) Any purchase of supplies, material, or equipment,
except for public work or improvement, where the cost
thereof exceeds seven thousand five hundred dollars shall be
made upon call for bids.
(7) Bids shall be called annually and at a time and in
the manner prescribed by ordinance for the publication in a
newspaper of general circulation in the city or town of all
notices or newspaper publications required by law. The
contract shall be awarded to the lowest responsible bidder.
(8) For advertisement and formal sealed bidding to be
dispensed with as to purchases with an estimated value of
fifteen thousand dollars or less, the council or commission
must authorize by resolution, use of the uniform procedure
provided in RCW 39.04.190.
(9) The city or town legislative authority may waive the
competitive bidding requirements of this section pursuant to
RCW 39.04.280 if an exemption contained within that
section applies to the purchase or public work.
(10) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are
negotiated under chapter 39.35A RCW.
(11) Nothing in this section shall prohibit any second
class city or any town from allowing for preferential purchase of products made from recycled materials or products
that may be recycled or reused. [2002 c 94 § 2; 2000 c 138
§ 204; 1998 c 278 § 3; 1996 c 18 § 2. Prior: 1994 c 273
§ 9; 1994 c 81 § 18; 1993 c 198 § 10; 1989 c 431 § 56;
(2002 Ed.)
35.23.352
1988 c 168 § 3; 1987 c 120 § 2; prior: 1985 c 469 § 24;
1985 c 219 § 2; 1985 c 169 § 7; 1979 ex.s. c 89 § 2; 1977
ex.s. c 41 § 1; 1974 ex.s. c 74 § 2; 1965 c 114 § 1; 1965 c
7 § 35.23.352; prior: 1957 c 121 § 1; 1951 c 211 § 1; prior:
(i) 1907 c 241 § 52; RRS § 9055. (ii) 1915 c 184 § 31;
RRS § 9145. (iii) 1947 c 151 § 1; 1890 p 209 § 166; Rem.
Supp. 1947 § 9185.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Severability—1989 c 431: See RCW 70.95.901.
Competitive bidding violations by municipal officer, penalties: RCW
39.30.020.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
35.23.371 Taxation—Street poll tax. A second class
city may impose upon and collect from every inhabitant of
the city over the age of eighteen years an annual street poll
tax not exceeding two dollars and no other road poll tax
shall be collected within the limits of the city. [1994 c 81
§ 47; 1973 1st ex.s. c 154 § 51; 1971 ex.s. c 292 § 61; 1965
c 7 § 35.24.370. Prior: 1905 c 75 § 1, part; 1890 p 201 §
154; RRS § 9210, part. Formerly RCW 35.24.370.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
35.23.380 Exclusive franchises prohibited. No
exclusive franchise or privilege shall be granted for the use
of any street, alley, highway, or public place or any part
thereof. [1965 c 7 § 35.23.380. Prior: 1907 c 241 § 32;
RRS § 9039.]
35.23.410 Leasing of street ends on waterfront. The
city council may lease for business purposes portions of the
ends of streets terminating in the waterfront or navigable
waters of the city with the written consent of all the property
owners whose properties abut upon the portion proposed to
be leased. The lease may be made for any period not
exceeding fifteen years but must provide that at intervals of
every five years during the term, the rental to be paid by the
lessee shall be readjusted between him and the city by
mutual agreement, or if they cannot agree by a board of
arbitration, one to be chosen by the city, one by the lessee
and the third by the other two, their decision to be final.
The vote of two-thirds of all the councilmen elected is
necessary to authorize such a lease. [1965 c 7 § 35.23.410.
Prior: 1907 c 241 § 67, part; RRS § 9070, part.]
35.23.420 Notice of lease to be published before
execution. No lease of a portion of the end of a street
terminating in the waterfront or navigable waters of the city
shall be made until a notice describing the portion of the
street proposed to be leased, to whom and for what purpose
leased and the proposed rental to be paid has been published
by the city clerk in the official newspaper at least fifteen
days prior to the execution of the lease. [1965 c 7 §
35.23.420. Prior: 1907 c 241 § 67, part; RRS § 9070, part.]
35.23.430 Railroads in streets to be assessed for
street improvement. If an improvement is made upon a
street occupied by a street railway or any railroad enjoying
[Title 35 RCW—page 111]
35.23.430
Title 35 RCW: Cities and Towns
a franchise on the street, the city council shall assess against
the railroad its just proportion of making the improvement
which shall be not less than the expense of improving the
space between the rails of the railroad and for a distance of
one foot on each side. The assessment against the railroad
shall be made on the rolls of the improvement district the
same as against other property in the district and shall be a
lien on that portion of the railroad within the district from
the time of the equalization of the roll. The lien may be
foreclosed by a civil action in superior court and the same
period of redemption from any sale on foreclosure shall be
allowed as is allowed in cases of sale of real estate upon
execution. [1965 c 7 § 35.23.430. Prior: 1907 c 241 § 65;
RRS § 9068.]
35.23.440 Specific powers enumerated. The city
council of each second class city shall have power and
authority:
(1) Ordinances: To make and pass all ordinances,
orders, and resolutions not repugnant to the Constitution of
the United States or the state of Washington, or the provisions of this title, necessary for the municipal government
and management of the affairs of the city, for the execution
of the powers vested in said body corporate, and for the
carrying into effect of the provisions of this title.
(2) License of shows: To fix and collect a license tax,
for the purposes of revenue and regulation, on theatres,
melodeons, balls, concerts, dances, theatrical, circus, or other
performances, and all performances where an admission fee
is charged, or which may be held in any house or place
where wines or liquors are sold to the participators; also all
shows, billiard tables, pool tables, bowling alleys, exhibitions, or amusements.
(3) Hotels, etc., licenses: To fix and collect a license
tax for the purposes of revenue and regulation on and to
regulate all taverns, hotels, restaurants, banks, brokers,
manufactories, livery stables, express companies and persons
engaged in transmitting letters or packages, railroad, stage,
and steamboat companies or owners, whose principal place
of business is in such city, or who have an agency therein.
(4) Peddlers’, etc., licenses: To license, for the purposes
of revenue and regulation, tax, prohibit, suppress, and
regulate all raffles, hawkers, peddlers, pawnbrokers, refreshment or coffee stands, booths, or sheds; and to regulate as
authorized by state law all tippling houses, dram shops,
saloons, bars, and barrooms.
(5) Dance houses: To prohibit or suppress, or to license
and regulate all dance houses, fandango houses, or any
exhibition or show of any animal or animals.
(6) License vehicles: To license for the purposes of
revenue and regulation, and to tax hackney coaches, cabs,
omnibuses, drays, market wagons, and all other vehicles
used for hire, and to regulate their stands, and to fix the rates
to be charged for the transportation of persons, baggage, and
property.
(7) Hotel runners: To license or suppress runners for
steamboats, taverns, or hotels.
(8) License generally: To fix and collect a license tax
for the purposes of revenue and regulation, upon all occupations and trades, and all and every kind of business authorized by law not heretofore specified: PROVIDED, That on
[Title 35 RCW—page 112]
any business, trade, or calling not provided by law to be
licensed for state and county purposes, the amount of license
shall be fixed at the discretion of the city council, as they
may deem the interests and good order of the city may
require.
(9) Riots: To prevent and restrain any riot or riotous
assemblages, disturbance of the peace, or disorderly conduct
in any place, house, or street in the city.
(10) Nuisances: To declare what shall be deemed
nuisances; to prevent, remove, and abate nuisances at the
expense of the parties creating, causing, or committing or
maintaining the same, and to levy a special assessment on
the land or premises whereon the nuisance is situated to
defray the cost or to reimburse the city for the cost of
abating the same.
(11) Stock pound: To establish, maintain, and regulate
a common pound for estrays, and to appoint a poundkeeper,
who shall be paid out of the fines and fees imposed and
collected of the owners of any animals impounded, and from
no other source; to prevent and regulate the running at large
of any and all domestic animals within the city limits or any
parts thereof, and to regulate or prevent the keeping of such
animals within any part of the city.
(12) Control of certain trades: To control and regulate
slaughterhouses, washhouses, laundries, tanneries, forges,
and offensive trades, and to provide for their exclusion or
removal from the city limits, or from any part thereof.
(13) Street cleaning: To provide, by regulation, for the
prevention and summary removal of all filth and garbage in
streets, sloughs, alleys, back yards, or public grounds of such
city, or elsewhere therein.
(14) Gambling, etc.: To prohibit and suppress all
gaming and all gambling or disorderly houses, and houses of
ill fame, and all immoral and indecent amusements, exhibitions, and shows.
(15) Markets: To establish and regulate markets and
market places.
(16) Speed of railroad cars: To fix and regulate the
speed at which any railroad cars, streetcars, automobiles, or
other vehicles may run within the city limits, or any portion
thereof.
(17) City commons: To provide for and regulate the
commons of the city.
(18) Fast driving: To regulate or prohibit fast driving
or riding in any portion of the city.
(19) Combustibles: To regulate or prohibit the loading
or storage of gunpowder and combustible or explosive
materials in the city, or transporting the same through its
streets or over its waters.
(20) Property: To have, purchase, hold, use, and enjoy
property of every name or kind whatsoever, and to sell,
lease, transfer, mortgage, convey, control, or improve the
same; to build, erect, or construct houses, buildings, or
structures of any kind needful for the use or purposes of
such city.
(21) Fire department: To establish, continue, regulate,
and maintain a fire department for such city, to change or
reorganize the same, and to disband any company or
companies of the said department; also, to discontinue and
disband said fire department, and to create, organize,
establish, and maintain a paid fire department for such city.
(2002 Ed.)
Second Class Cities
(22) Water supply: To adopt, enter into, and carry out
means for securing a supply of water for the use of such city
or its inhabitants, or for irrigation purposes therein.
(23) Overflow of water: To prevent the overflow of the
city or to secure its drainage, and to assess the cost thereof
to the property benefited.
(24) House numbers: To provide for the numbering of
houses.
(25) Health board: To establish a board of health; to
prevent the introduction and spread of disease; to establish
a city infirmary and to provide for the indigent sick; and to
provide and enforce regulations for the protection of health,
cleanliness, peace, and good order of the city; to establish
and maintain hospitals within or without the city limits; to
control and regulate interments and to prohibit them within
the city limits.
(26) Harbors and wharves: To build, alter, improve,
keep in repair, and control the waterfront; to erect, regulate,
and repair wharves, and to fix the rate of wharfage and
transit of wharf, and levy dues upon vessels and commodities; and to provide for the regulation of berths, landing,
stationing, and removing steamboats, sail vessels, rafts,
barges, and all other watercraft; to fix the rate of speed at
which steamboats and other steam watercraft may run along
the waterfront of the city; to build bridges so as not to interfere with navigation; to provide for the removal of
obstructions to the navigation of any channel or watercourses
or channels.
(27) License of steamers: To license steamers, boats,
and vessels used in any watercourse in the city, and to fix
and collect a license tax thereon.
(28) Ferry licenses: To license ferries and toll bridges
under the law regulating the granting of such license.
(29) Penalty for violation of ordinances: To provide
that violations of ordinances with the punishment for any
offense not exceeding a fine of five thousand dollars or
imprisonment for more than one year, or both fine and
imprisonment, but the punishment for any criminal ordinance
shall be the same as the punishment provided in state law for
the same crime. Alternatively, such a city may provide that
a violation of an ordinance constitutes a civil violation
subject to monetary penalties or to determine and impose
fines for forfeitures and penalties, but no act which is a state
crime may be made a civil violation. A violation of an
order, regulation, or ordinance relating to traffic including
parking, standing, stopping, and pedestrian offenses is a
traffic infraction, except that violation of an order, regulation, or ordinance equivalent to those provisions of Title 46
RCW set forth in RCW 46.63.020 remains a misdemeanor.
(30) Police department: To create and establish a city
police; to prescribe their duties and their compensation; and
to provide for the regulation and government of the same.
(31) Examine official accounts: To examine, either in
open session or by committee, the accounts or doings of all
officers or other persons having the care, management, or
disposition of moneys, property, or business of the city.
(32) Contracts: To make all appropriations, contracts,
or agreements for the use or benefit of the city and in the
city’s name.
(33) Streets and sidewalks: To provide by ordinance for
the opening, laying out, altering, extending, repairing,
grading, paving, planking, graveling, macadamizing, or
(2002 Ed.)
35.23.440
otherwise improving of public streets, avenues, and other
public ways, or any portion of any thereof; and for the
construction, regulation, and repair of sidewalks and other
street improvements, all at the expense of the property to be
benefited thereby, without any recourse, in any event, upon
the city for any portion of the expense of such work, or any
delinquency of the property holders or owners, and to
provide for the forced sale thereof for such purposes; to establish a uniform grade for streets, avenues, sidewalks, and
squares, and to enforce the observance thereof.
(34) Waterways: To clear, cleanse, alter, straighten,
widen, fill up, or close any waterway, drain, or sewer, or any
watercourse in such city when not declared by law to be
navigable, and to assess the expense thereof, in whole or in
part, to the property specially benefited.
(35) Sewerage: To adopt, provide for, establish, and
maintain a general system of sewerage, draining, or both,
and the regulation thereof; to provide funds by local assessments on the property benefited for the purpose aforesaid
and to determine the manner, terms, and place of connection
with main or central lines of pipes, sewers, or drains
established, and compel compliance with and conformity to
such general system of sewerage or drainage, or both, and
the regulations of said council thereto relating, by the
infliction of suitable penalties and forfeitures against persons
and property, or either, for nonconformity to, or failure to
comply with the provisions of such system and regulations
or either.
(36) Buildings and parks: To provide for all public
buildings, public parks, or squares, necessary or proper for
the use of the city.
(37) Franchises: To permit the use of the streets for
railroad or other public service purposes.
(38) Payment of judgments: To order paid any final
judgment against such city, but none of its lands or property
of any kind or nature, taxes, revenue, franchise, or rights, or
interest, shall be attached, levied upon, or sold in or under
any process whatsoever.
(39) Weighing of fuel: To regulate the sale of coal and
wood in such city, and may appoint a measurer of wood and
weigher of coal for the city, and define his duties, and may
prescribe his term of office, and the fees he shall receive for
his services: PROVIDED, That such fees shall in all cases
be paid by the parties requiring such service.
(40) Hospitals, etc.: To erect and establish hospitals and
pesthouses and to control and regulate the same.
(41) Waterworks: To provide for the erection, purchase,
or otherwise acquiring of waterworks within or without the
corporate limits of the city to supply such city and its
inhabitants with water, and to regulate and control the use
and price of the water so supplied.
(42) City lights: To provide for lighting the streets and
all public places of the city and for furnishing the inhabitants
of the city with gas, electric, or other light, and for the
ownership, purchase or acquisition, construction, or maintenance of such works as may be necessary or convenient
therefor: PROVIDED, That no purchase of any such water
plant or light plant shall be made without first submitting the
question of such purchase to the electors of the city.
(43) Parks: To acquire by purchase or otherwise land
for public parks, within or without the limits of the city, and
to improve the same.
[Title 35 RCW—page 113]
35.23.440
Title 35 RCW: Cities and Towns
(44) Bridges: To construct and keep in repair bridges,
and to regulate the use thereof.
(45) Power of eminent domain: In the name of and for
the use and benefit of the city, to exercise the right of
eminent domain, and to condemn lands and property for the
purposes of streets, alleys, parks, public grounds, waterworks, or for any other municipal purpose and to acquire by
purchase or otherwise such lands and property as may be
deemed necessary for any of the corporate uses provided for
by this title, as the interests of the city may from time to
time require.
(46) To provide for the assessment of taxes: To provide
for the assessment, levying, and collecting of taxes on real
and personal property for the corporate uses and purposes of
the city and to provide for the payment of the debts and
expenses of the corporation.
(47) Local improvements: To provide for making local
improvements, and to levy and collect special assessments
on the property benefited thereby and for paying the same or
any portion thereof; to determine what work shall be done or
improvements made, at the expense, in whole or in part, of
the adjoining, contiguous, or proximate property, and to
provide for the manner of making and collecting assessments
therefor.
(48) Cemeteries: To regulate the burial of the dead and
to establish and regulate cemeteries, within or without the
corporate limits, and to acquire lands therefor by purchase or
otherwise.
(49) Fire limits: To establish fire limits with proper
regulations and to make all needful regulations for the
erection and maintenance of buildings or other structures
within the corporate limits as safety of persons or property
may require, and to cause all such buildings and places as
may from any cause be in a dangerous state to be put in a
safe condition; to regulate the manner in which stone, brick,
and other buildings, party walls, and partition fences shall be
constructed and maintained.
(50) Safety and sanitary measures: To require the
owners of public halls, theaters, hotels, and other buildings
to provide suitable means of exit and proper fire escapes; to
provide for the cleaning and purification of watercourses and
canals and for the draining and filling up of ponds on private
property within its limits when the same shall be offensive
to the senses or dangerous to the health, and to charge the
expense thereof to the property specially benefited, and to
regulate and control and provide for the prevention and
punishment of the defilement or pollution of all streams
running in or through its corporate limits and a distance of
five miles beyond its corporate limits, and of any stream or
lake from which the water supply of the city is or may be
taken and for a distance of five miles beyond its source of
supply, and to make all quarantine and other regulations as
may be necessary for the preservation of the public health
and to remove all persons afflicted with any contagious
disease to some suitable place to be provided for that
purpose.
(51) To regulate liquor traffic: To regulate the selling
or giving away of intoxicating, spirituous, malt, vinous,
mixed, or fermented liquors as authorized by the general
laws of the state.
[Title 35 RCW—page 114]
(52) To establish streets on tidelands: To project or
extend or establish streets over and across any tidelands
within the limits of such city.
(53) To provide for the general welfare. [1994 c 81 §
19; 1993 c 83 § 5; 1986 c 278 § 4. Prior: 1984 c 258 §
803; 1984 c 189 § 5; 1979 ex.s. c 136 § 28; 1977 ex.s. c
316 § 21; 1965 ex.s. c 116 § 7; 1965 c 7 § 35.23.440; prior:
1907 c 241 § 29; 1890 p 148 § 38; RRS § 9034.]
Effective date—1994 c 81 § 19: "Section 19 of this act shall take
effect July 1, 1994." [1994 c 81 § 91.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
35.23.442 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.23.443 City license fees or taxes on certain
business activities to be at a single uniform rate. See
RCW 35.21.710.
35.23.444 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
35.23.445 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.23.452 Additional powers—Acquisition, control,
and disposition of property. The city council of such city
shall have power to purchase, lease, or otherwise acquire real
estate and personal property necessary or proper for municipal purposes and to control, lease, sublease, convey or otherwise dispose of the same; to acquire and plat land for
cemeteries and parks and provide for the regulation thereof,
including but not limited to the right to lease any waterfront
and other lands adjacent thereto owned by it for manufacturing, commercial or other business purposes; including but
not limited to the right to lease for wharf, dock and other
purposes of navigation and commerce such portions of its
streets which bound upon or terminate in its waterfront or
the navigable waters of such city, subject, however, to the
written consent of the lessees of a majority of the square feet
frontage of the harbor area abutting on any street proposed
to be so leased. No lease of streets or waterfront shall be
for longer than ten years and the rental therefor shall be
fixed by the city council. Every such lease shall contain a
clause that at intervals of every five years during the term
thereof the rental to be paid by the lessee shall be readjusted
between the lessee and the city by mutual agreement, or in
default of such mutual agreement that the rental shall be
fixed by arbitrators to be appointed one by the city council,
one by the lessee and the third by the two thus appointed.
No such lease shall be made until the city council has first
caused notice thereof to be published in the official newspa(2002 Ed.)
Second Class Cities
35.23.452
per of such city at least fifteen days and in one issue thereof
each week prior to the making of such lease, which notice
shall describe the portion of the street proposed to be leased,
to whom, for what purpose, and the rental to be charged
therefor. The city may improve part of such waterfront or
street extensions by building inclines, wharves, gridirons and
other accommodations for shipping, commerce and navigation and may charge and collect for service and use thereof
reasonable rates and tolls. [1965 c 7 § 35.24.300. Prior:
1963 c 155 § 1; 1915 c 184 § 15; RRS § 9128. Formerly
RCW 35.24.300.]
second class city or town may contract with an insurance
company authorized to do business in this state to provide
group insurance for its employees including group false
arrest insurance for its law enforcement personnel, and
pursuant thereto may use a portion of its revenues to pay an
employer’s portion of the premium for such insurance, and
may make deductions from the payrolls of employees for the
amount of the employees’ contribution and may apply the
amount deducted in payment of the employees’ portion of
the premium. [1994 c 81 § 21; 1991 sp.s. c 30 § 19; 1965
c 7 § 35.23.460. Prior: 1963 c 127 § 1; 1947 c 162 § 1;
RRS § 9592-160.]
35.23.454 Additional powers—Parking meter
revenue for revenue bonds. All second class cities and
towns are authorized to use parking meter revenue as a base
for obtaining revenue bonds for use in improvement of
streets, roads, alleys, and such other related public works.
[1994 c 81 § 44; 1965 c 7 § 35.24.305. Prior: 1957 c 166
§ 1. Formerly RCW 35.24.305.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
35.23.455 Additional powers—Construction and
operation of boat harbors, marinas, docks, etc. The
legislative body of any second class city or town which
contains, or abuts upon, any bay, lake, sound, river or other
navigable waters, may construct, operate and maintain any
boat harbor, marina, dock or other public improvement, for
the purposes of commerce, recreation or navigation. [1994
c 81 § 20; 1965 c 154 § 1.]
35.23.456 Additional powers—Ambulances and first
aid equipment. A second class city, where commercial
ambulance service is not readily available, shall have the
power:
(1) To authorize the operation of municipally-owned
ambulances which may serve the city and may serve for
emergencies surrounding rural areas;
(2) To authorize the operation of other municipallyowned first aid equipment which may serve the city and
surrounding rural areas;
(3) To contract with the county or with another municipality for emergency use of city-owned ambulances or other
first aid equipment: PROVIDED, That the county or other
municipality shall contribute at least the cost of maintenance
and operation of the equipment attributable to its use thereof;
and
(4) To provide that such ambulance service may be used
to transport persons in need of emergency hospital care to
hospitals beyond the city limits.
The council may, in its discretion, make a charge for the
service authorized by this section: PROVIDED, That such
ambulance service shall not enter into competition or
competitive bidding where private ambulance service is
available. [1994 c 81 § 45; 1965 c 7 § 35.24.306. Prior:
1963 c 131 § 1. Formerly RCW 35.24.306.]
35.23.457 Conveyance or lease of space above real
property or structures or improvements. See RCW
35.22.302.
35.23.460 Employees’ group insurance—False
arrest insurance. Subject to chapter 48.62 RCW, any
(2002 Ed.)
35.23.470 Publicity fund. Every city of the second
class may create a publicity fund to be used exclusively for
exploiting and advertising the general advantages and
opportunities of the city and its vicinity. After providing by
ordinance for a publicity fund the city council may use
therefor an annual amount not exceeding sixty-two and onehalf cents per thousand dollars of assessed valuation of the
taxable property in the city. [1994 c 81 § 22; 1973 1st ex.s.
c 195 § 16; 1965 c 7 § 35.23.470. Prior: 1913 c 57 § 1;
RRS § 9035.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.23.480 Publicity board. The publicity board
administering the publicity fund shall consist of three
members nominated by a recognized commercial organization in the city, then appointed by the mayor and confirmed
by at least a two-thirds vote of the city council. The
commercial organization must be incorporated, must be representative and public, devoted exclusively to the work
usually devolving upon such organizations and have not less
than two hundred bona fide dues-paying members; if more
than one organization in the city meets the qualifications, the
oldest one shall be designated to make the nominations.
Members of the publicity board must be resident
property owners and voters in the city and after their
appointment and confirmation must qualify by taking the
oath of office and filing a bond with the city in the sum of
one thousand dollars conditioned upon the faithful performance of their duties. They shall be appointed in December
and their terms shall be for one year commencing on the
second Monday in January after their appointment and until
their successors are appointed and qualified. Any member
of the board may be removed by the mayor at the request of
the organization which nominated the members after a
majority vote of the entire membership of the organization
favoring the removal, taken at a regular meeting.
Members of the publicity board shall serve without
remuneration. [1965 c 7 § 35.23.480. Prior: 1913 c 57 §
2, part; RRS § 9036, part.]
35.23.490 Limitations on use of publicity fund. All
expenditures shall be made under direction of the board of
publicity. No part of the publicity fund shall ever be paid to
any newspaper, magazine, or periodical published within the
city or county in which the city is situated, for advertising,
[Title 35 RCW—page 115]
35.23.490
Title 35 RCW: Cities and Towns
or write-ups or for any other service or purpose and no part
of the fund shall be expended for the purpose of making
exhibits at any fair, exposition or the like. [1965 c 7 §
35.23.490. Prior: 1913 c 57 § 2, part; RRS § 9036, part.]
35.23.505 Local improvement guaranty fund—
Investment in city’s own guaranteed bonds. The city
treasurer of any second class city, by and with the consent
of the city council or finance committee of the city council,
may invest any portion of its local improvement guaranty
fund in the city’s own guaranteed local improvement bonds
in an amount not to exceed ten percent of the total issue of
bonds in any one local improvement district: PROVIDED,
That no such investment shall be made in an amount which
will affect the ability of the local improvement guaranty fund
to meet its obligations as they accrue, and that if all the
bonds have the same maturity, the bonds having the highest
numbers shall be purchased.
The interest received shall be credited to the local
improvement guaranty fund. [1994 c 81 § 48; 1965 c 7 §
35.24.400. Prior: 1941 c 145 § 2; RRS § 9138-2. Formerly
RCW 35.24.400.]
Local improvements
bonds and warrants: Chapter 35.45 RCW.
nonguaranteed bonds: Chapter 35.48 RCW.
35.23.515 Utilities—City may contract for service or
construct own facilities. The city council of every city of
the second class may contract for supplying the city with
water, light, power, and heat for municipal purposes; and
within or without the city may acquire, construct, repair, and
manage pumps, aqueducts, reservoirs, plants, or other works
necessary or proper for irrigation purposes or for supplying
water, light, power, or heat or any byproduct thereof for the
use of the city and any person within the city and dispose of
any excess of its supply to any person without the city.
[1994 c 81 § 49; 1965 c 7 § 35.24.410. Prior: 1917 c 124
§ 1, part; 1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW 35.24.410.]
35.23.525 Utilities—Method of acquisition—Bonds.
To pay the original cost of water, light, power, or heat
systems, every city of the second class may issue:
(1) General bonds to be retired by general tax levies
against all the property within the city limits then existing or
as they may thereafter be extended; or
(2) Utility bonds under the general authority given to all
cities for the acquisition or construction of public utilities.
Extensions to plants may be made either
(1) By general bond issue,
(2) By general tax levies, or
(3) By creating local improvement districts in accordance with statutes governing their establishment. [1994 c
81 § 50; 1965 c 7 § 35.24.420. Prior: 1917 c 124 § 1, part;
1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW
35.24.420.]
35.23.535 Utilities—Maintenance and operation—
Rates. No taxes shall be imposed for maintenance and
operating charges of city owned water, light, power, or
heating works or systems.
[Title 35 RCW—page 116]
Rates shall be fixed by ordinance for supplying water,
light, power, or heat for commercial, domestic, or irrigation
purposes sufficient to pay for all operating and maintenance
charges. If the rates in force produce a greater amount than
is necessary to meet operating and maintenance charges, the
rates may be reduced or the excess income may be transferred to the city’s current expense fund.
Complete separate accounts for municipal utilities must
be kept under the system and on forms prescribed by the
state auditor.
The term "maintenance and operating charges," as used
in this section includes all necessary repairs, replacement,
interest on any debts incurred in acquiring, constructing,
repairing and operating plants and departments and all
depreciation charges. This term shall also include an annual
charge equal to four percent on the cost of the plant or
system, as determined by the state auditor to be paid into the
current expense fund, except that where utility bonds have
been or may hereafter be issued and are unpaid no payment
shall be required into the current expense fund until such
bonds are paid. [1995 c 301 § 37; 1965 c 7 § 35.24.430.
Prior: 1917 c 124 § 1, part; 1915 c 184 § 16, part; RRS §
9129, part. Formerly RCW 35.24.430.]
35.23.545 Procedure to attack consolidation or
annexation of territory. Proceedings attacking the validity
of the consolidation of a city of the second class or the
annexation of territory to a city of the second class shall be
by quo warranto only, instituted by the prosecuting attorney
of the county in which the city is located or by a person
interested in the proceedings whose interest must clearly be
shown. The quo warranto proceedings must be commenced
within one year after the consolidation or annexation
proceedings complained of and no error, irregularity, or
defect of any kind shall be the basis for invalidating a consolidation or annexation after one year. [1994 c 81 § 51;
1965 c 7 § 35.24.440. Prior: 1923 c 153 § 1; RRS § 89131. Formerly RCW 35.24.440.]
Validating—1923 c 153: "All proceedings for the consolidation of
cities of the third class and for the annexation of any unincorporated
territory described in any abstract filed with the secretary of state in any
such annexation proceeding to a city of the third class heretofore had, or
attempted to be had, and over which such consolidated cities or annexed
territory such city has exercised jurisdiction for a period of one year after
the filing of such abstract with the secretary of state, are hereby ratified and
validated as of the date of filing such abstract, irrespective of the fact that
such consolidated cities, or any part thereof, are separated by a body of
navigable water or that such annexed territory, or any part thereof, is
separated from such city by a body of navigable water, and irrespective of
any failure to file a petition for such consolidation or annexation, or to give
proper notice of election or of any other defect occurring in such consolidation or annexation proceedings, and all territory so sought to be annexed is
hereby declared to be a part of such annexing city as of the date of filing
such abstract, and such cities so consolidated are hereby declared to be one
municipal corporation as of the date of filing such abstract. All proceedings
since the date of the filing of such abstract heretofore had or attempted to
be had by any such city within or including such annexed territory, or any
part thereof, in the creation of local improvement districts and the making
of local improvements, the levying of special assessments and the issuance
of bonds therein and also in the levy of taxes, making of contracts, incurring
of indebtedness and the issuance of bonds therefor are hereby ratified,
validated and confirmed. PROVIDED, That nothing in this act contained
shall affect the rights of any parties in any proceedings now pending in any
court of record in this state and the rights of such parties therein shall be
determined and adjudicated as the same existed prior to the passage of this
act." [1923 c 153 § 2.] This applies to RCW 35.23.545.
(2002 Ed.)
Second Class Cities
35.23.555 Criminal code repeals by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city of the
second class operating a municipal court may not repeal in
its entirety that portion of its municipal code defining crimes
or repeal a provision of its municipal code which defines a
crime equivalent to an offense listed in RCW 46.63.020
unless the municipality has reached an agreement with the
appropriate county under chapter 39.34 RCW under which
the county is to be paid a reasonable amount for costs
associated with prosecution, adjudication, and sentencing in
criminal cases filed in district court as a result of the repeal.
The agreement shall include provisions for periodic review
and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for
renewal of the agreement, they shall be deemed to have
entered into an agreement to submit the issue to arbitration
under chapter 7.04 RCW. Pending conclusion of the
arbitration proceeding, the terms of the agreement shall
remain in effect. The municipality and the county have the
same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under
chapter 7.04 RCW. [1994 c 81 § 52; 1984 c 258 § 206.
Formerly RCW 35.24.455.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.23.560 Waterworks—Construction by city or by
district assessments. All cities and towns within the state,
other than cities of the first class, which are empowered to
construct waterworks for irrigation and domestic purposes,
may do so either by the entire city or by assessment districts
as the mayor and council may determine. [1965 c 7 §
35.23.560. Prior: 1901 c 117 § 1; RRS § 9526.]
35.23.570 Waterworks—Plans—Special assessments.
Before letting any contract for the construction of any
waterworks for irrigation and domestic purposes, the mayor
and council shall by ordinance or resolution adopt the plans
therefor and shall fix and establish the assessment district, if
the same is to be constructed at the expense of the district,
and such cities and towns are authorized to charge the
expense of such waterworks for irrigation and domestic
purposes to all the property included within such district
which is contiguous or proximate to any streets in which any
main pipe or lateral pipe of such waterworks for irrigation
and domestic purposes, is to be placed, and to levy special
assessments upon such property to pay therefor, which
assessment shall be levied in accordance with the last
general assessment of the property within said district for
city purposes. [1994 c 81 § 23; 1965 c 7 § 35.23.570.
Prior: 1901 c 117 § 2; RRS § 9527.]
35.23.580 Waterworks—Procedure—Bonds. For the
purpose of providing for, constructing and maintaining such
waterworks for irrigation and domestic purposes and issuing
bonds to pay therefor, such cities and towns may proceed in
all ways in accordance with, and apply all the provisions of,
law relating to local improvement assessments. [1965 c 7 §
35.23.580. Prior: 1901 c 117 § 3; RRS § 9528.]
(2002 Ed.)
35.23.555
35.23.680 Cities of ten thousand or more may
frame charter without changing classification. See
chapter 35.22 RCW.
35.23.800 Code city retaining former second class
city plan—Elective officers. In a city initially classified as
a second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter code city, the elective officers shall
consist of a mayor, twelve councilmembers, a city clerk, and
a city treasurer. [1994 c 81 § 24; 1987 c 3 § 6; 1965 c 7 §
35.23.020. Prior: 1949 c 83 § 1; 1907 c 241 § 2; RRS §
9007. Formerly RCW 35.23.020.]
Severability—1987 c 3: See note following RCW 3.46.020.
35.23.805 Code city retaining former second class
city plan—Elections—Terms of office. In a city initially
classified as a second class city prior to January 1, 1993, that
retained its second class city plan of government when the
city reorganized as a noncharter code city, the terms of
office of mayor, city clerk, city treasurer and
councilmembers shall be four years, and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170, but not more than six
councilmembers normally shall be elected in any one year to
fill a full term. [1994 c 81 § 25; 1987 c 3 § 7; 1979 ex.s.
c 126 § 21; 1965 c 7 § 35.23.040. Prior: 1963 c 200 § 14;
1959 c 86 § 3; prior: (i) 1951 c 71 § 1; 1909 c 120 § 4;
1907 c 241 § 3; RRS § 9008. (ii) 1951 c 71 § 1; 1907 c
241 § 4; RRS § 9009. Formerly RCW 35.23.040.]
Severability—1987 c 3: See note following RCW 3.46.020.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.23.810 Code city retaining former second class
city plan—Mayor—General duties. In a city initially
classified as a second class city prior to January 1, 1993, that
retained its second class city plan of government when the
city reorganized as a noncharter code city, the mayor shall
be the chief executive officer of the city and shall:
(1) Have general supervision over the several departments of the city government and over all its interests;
(2) Preside over the city council when present;
(3) Once in three months, submit a general statement of
the condition of the various departments and recommend to
the city council such measures as the mayor deems expedient
for the public health or improvement of the city, its finances
or government; and
(4) Countersign all warrants and licenses, deeds, leases
and contracts requiring signature issued under and by
authority of the city.
If there is a vacancy in the office of mayor or the mayor
is absent from the city, or is unable from any cause to
discharge the duties of the office, the president of the
council shall act as mayor, exercise all the powers and be
subject to all the duties of the mayor. [1994 c 81 § 26;
1965 c 7 § 35.23.080. Prior: (i) 1907 c 241 § 16, part;
RRS § 9021, part. (ii) 1907 c 241 § 17, part; RRS § 9022,
part. Formerly RCW 35.23.080.]
35.23.815 Code city retaining former second class
city plan—Appointive officers. In a city initially classified
[Title 35 RCW—page 117]
35.23.815
Title 35 RCW: Cities and Towns
as a second class city prior to January 1, 1993, that retained
its second class city plan of government when the city
reorganized as a noncharter code city, the appointive officers
shall be a chief of police, city attorney, health officer, and
street commissioner; the council may also create by ordinance the offices of superintendent of irrigation, city
engineer, harbor master, pound keeper, city jailer, chief of
the fire department, and any other offices necessary to
discharge the functions of the city and for whose election or
appointment no other provision is made. If a paid fire
department is established therein a chief engineer and one or
more assistant engineers may be appointed. If a free library
and reading room is established therein five library trustees
shall be appointed. The council by ordinance shall prescribe
the duties of the officers and fix their compensation subject
to the provisions of any statutes pertaining thereto. [1994 c
81 § 27; 1965 c 7 § 35.23.120. Prior: 1949 c 83 § 2; Rem.
Supp. 1949 § 9007A. Formerly RCW 35.23.120.]
35.23.820 Code city retaining former second class
city plan—Health officer. In a city initially classified as a
second class city prior to January 1, 1993, that retained its
second class city plan of government when the city reorganized as a noncharter code city, the council shall create the
office of city health officer, prescribe the duties and qualifications of this office and fix the compensation for the office.
[1994 c 81 § 28; 1965 c 7 § 35.23.150. Prior: 1907 c 241
§ 64; RRS § 9067. Formerly RCW 35.23.150.]
35.23.825 Code city retaining former second class
city plan—Street commissioner. In a city initially classified as a second class city prior to January 1, 1993, that
retained its second class city plan of government when the
city reorganized as a noncharter code city, the street commissioner shall be under the direction of the mayor and city
council shall have control of the streets and public places of
the city and shall perform such duties as the city council
may prescribe. [1994 c 81 § 29; 1965 c 7 § 35.23.160.
Prior: 1907 c 241 § 23; RRS § 9028. Formerly RCW
35.23.160.]
35.23.830 Code city retaining former second class
city plan—Appointment of officers—Confirmation. In a
city initially classified as a second class city prior to January
1, 1993, that retained its second class city plan of government when the city reorganized as a noncharter code city,
the mayor shall appoint all the appointive officers of the city
subject to confirmation by the city council. If the council
refuses to confirm any nomination of the mayor, the mayor
shall nominate another person for that office within ten days
thereafter, and may continue to so nominate until a nominee
is confirmed. If the mayor fails to make another nomination
for the same office within ten days after the rejection of a
nominee, the city council shall elect a suitable person to fill
the office during the term. The affirmative vote of not less
than seven councilmembers is necessary to confirm any
nomination made by the mayor. [1994 c 81 § 30; 1965 c 7
§ 35.23.180. Prior: 1907 c 241 § 8, part; 1890 p 145 § 25;
RRS § 9013, part. Formerly RCW 35.23.180.]
[Title 35 RCW—page 118]
35.23.835 Code city retaining former second class
city plan—Oath and bond of officers. Before entering
upon official duties and within ten days after receiving
notice of being elected or appointed to city office, every
officer of a city initially classified as a second class city
prior to January 1, 1993, that retained its second class city
plan of government when the city reorganized as a
noncharter code city shall qualify by taking the oath of
office and by filing such bond duly approved as may be
required. The oath of office shall be filed with the county
auditor. If no notice of election or appointment was received, the officer must qualify on or before the date fixed
for the assumption of the duties of the office. The city
council shall fix the amount of all official bonds and may
designate what officers shall be required to give bonds in
addition to those required to do so by statute.
All official bonds shall be approved by the city council
and when so approved shall be filed with the city clerk
except the city clerk’s which shall be filed with the mayor.
No city officer shall be eligible as a surety upon any bond
running to the city as obligee.
The city council may require a new or additional bond
of any officer whenever it deems it expedient. [1994 c 81
§ 31; 1987 c 3 § 8; 1986 c 167 § 17; 1965 c 7 § 35.23.190.
Prior: (i) 1907 c 241 § 10, part; 1890 p 145 § 29; RRS §
9015, part. (ii) 1907 c 241 § 11; 1890 p 145 § 29; RRS §
9016. Formerly RCW 35.23.190.]
Severability—1987 c 3: See note following RCW 3.46.020.
Severability—1986 c 167: See note following RCW 29.01.055.
35.23.840 Code city retaining former second class
city plan—City council—How constituted. In a city
initially classified as a second class city prior to January 1,
1993, that retained its second class city plan of government
when the city reorganized as a noncharter code city, the
mayor and twelve councilmembers shall constitute the city
council. At the first council meeting in each calendar year,
the city council shall elect one of their own body to serve as
president of the council.
The mayor shall preside at all meetings at which the
mayor is present. In the absence of the mayor, the president
of the council shall preside. In the absence of both the
mayor and the president of the council, the council may elect
a president pro tempore from its own body. The president
pro tempore shall have all the powers of the president of the
council during the session of the council at which the
president pro tempore is presiding. [1994 c 81 § 32; 1965
c 7 § 35.23.250. Prior: (i) 1907 c 241 § 17, part; RRS §
9022, part. (ii) 1907 c 247 § 27; RRS § 9032. (iii) 1907 c
241 § 28, part; 1890 p 148 § 37; RRS § 9033, part.
Formerly RCW 35.23.250.]
35.23.845 Code city retaining former second class
city plan—City council—Presiding officer—Voting rights.
In a city initially classified as a second class city prior to
January 1, 1993, that retained its second class city plan of
government when the city reorganized as a noncharter code
city, the mayor shall have a vote only in the case of a tie in
the votes of the councilmembers. The president of the
council while presiding or the president pro tempore shall
(2002 Ed.)
Second Class Cities
have the right to vote upon all questions coming before the
council.
A majority of all the members elected shall be necessary
to pass any ordinance appropriating for any purpose the sum
of five hundred dollars or upwards or any ordinance imposing any assessment, tax, or license or in any wise increasing
or diminishing the city revenue. [1994 c 81 § 33; 1965 c 7
§ 35.23.280. Prior: (i) 1907 c 241 § 28, part; 1890 p 148
§ 37; RRS § 9033, part. (ii) 1907 c 241 § 61; 1890 p 159
§ 51; RRS § 9064. Formerly RCW 35.23.280.]
35.23.850 Code city retaining former second class
city plan—Wards—Division of city into. In any city
initially classified as a second class city prior to January 1,
1993, that retained its second class city plan of government
when the city reorganized as a noncharter code city, the city
council may divide the city into wards, not exceeding six in
all, or change the boundaries of existing wards at any time
less than one hundred twenty days before a municipal
general election. No change in the boundaries of wards shall
affect the term of any councilmember, and councilmembers
shall serve out their terms in the wards of their residences at
the time of their elections. However, if these boundary
changes result in one ward being represented by more
councilmembers than the number to which it is entitled,
those having the shortest unexpired terms shall be assigned
by the council to wards where there is a vacancy, and the
councilmembers so assigned shall be deemed to be residents
of the wards to which they are assigned for purposes of
determining whether those positions are vacant.
The representation of each ward in the city council shall
be in proportion to the population as nearly as is practicable.
Wards shall be redrawn as provided in chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident
of the ward may be a candidate for, or hold office as, a
councilmember of the ward; and (2) only voters of the ward
may vote at a primary to nominate candidates for a
councilmember of the ward. Voters of the entire city may
vote at the general election to elect a councilmember of a
ward, unless the city had prior to January 1, 1994, limited
the voting in the general election for any or all council
positions to only voters residing within the ward associated
with the council positions. If a city had so limited the
voting in the general election to only voters residing within
the ward, then the city shall be authorized to continue to do
so. The elections for the remaining council position or
council positions that are not associated with a ward shall be
conducted as if the wards did not exist. [1995 c 134 § 10.
Prior: 1994 c 223 § 16; 1994 c 81 § 34; 1965 c 7 §
35.23.530; prior: 1907 c 241 § 14; 1890 p 147 § 35; RRS
§ 9019. Formerly RCW 35.23.530.]
Chapter 35.27
TOWNS
Sections
35.27.010
35.27.030
35.27.040
35.27.050
35.27.060
35.27.070
(2002 Ed.)
Rights, powers, and privileges.
Uncertain boundaries—Petition—Request for examination.
Duty of county commissioners.
Report of survey.
Expense of proceedings.
Town officers enumerated.
35.23.845
35.27.080
35.27.090
35.27.100
35.27.120
35.27.130
Eligibility to hold elective office.
Elections—Terms of office.
Conduct of elections.
Oath and bond of officers.
Compensation of officers and employees—Expenses—
Nonstate pensions.
35.27.140 Vacancies.
35.27.160 Mayor—Duties—Powers—Mayor pro tempore.
35.27.170 Town treasurer—Duties.
35.27.180 Treasurer and clerk may be combined.
35.27.190 Effect of consolidation of offices.
35.27.200 Abandonment of consolidation.
35.27.210 Duty of officers collecting moneys.
35.27.220 Town clerk—Duties.
35.27.230 Records to be kept by clerk.
35.27.240 Town marshal—Police department.
35.27.250 Town attorney—Duties.
35.27.260 Park commissioners.
35.27.270 Town council—Oath—Meetings.
35.27.280 Town council—Quorum—Rules—Journal.
35.27.290 Ordinances—Style—Signatures.
35.27.300 Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
35.27.310 Ordinances—Clerk to keep book of ordinances.
35.27.330 Ordinances granting franchises—Requisites.
35.27.340 Audit and allowance of demands against town.
35.27.350 Contract for town printing.
35.27.362 Contracts, purchases, advertising—Call for bids—
Exceptions.
35.27.370 Specific powers enumerated.
35.27.372 City and town license fees and taxes on financial institutions.
35.27.373 City license fees or taxes on certain business activities to be
at a single uniform rate.
35.27.375 Additional powers—Parking meter revenue for revenue
bonds.
35.27.376 Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
35.27.377 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
35.27.380 Additional powers—Eminent domain.
35.27.385 Additional powers—Construction and operation of boat
harbors, marinas, docks, etc.
35.27.390 Employees’ group insurance.
35.27.400 Fire limits—Parks.
35.27.410 Nuisances.
35.27.500 Taxation—Street poll tax.
35.27.510 Utilities—Transfer of part of net earnings to current expense
fund.
35.27.515 Criminal code repeals by town operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35.27.550 Off-street parking space and facilities—Authorized—
Declared public use.
35.27.560 Off-street parking space and facilities—Financing.
35.27.570 Off-street parking space and facilities—Acquisition and
disposition of real property.
35.27.580 Off-street parking space and facilities—Operation—Lease.
35.27.590 Off-street parking space and facilities—Hearing prior to
establishment.
35.27.600 Off-street parking space and facilities—Construction.
Accident claims against: RCW 35.31.040, 35.31.050.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by towns: RCW 64.04.130.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Classification as: RCW 35.01.040.
Code of ethics for public officers and employees: Chapters 42.23 and
42.52 RCW.
[Title 35 RCW—page 119]
Chapter 35.27
Title 35 RCW: Cities and Towns
Corporate stock or bonds not to be owned by: State Constitution Art. 8 §
7.
Credit not to be loaned, exception: State Constitution Art. 8 § 7.
Group false arrest insurance: RCW 35.23.460.
Incorporation and annexation restrictions as to area: RCW 35.21.010.
Inhabitants at time of organization: RCW 35.01.040.
Insurance, group for employees: RCW 35.23.460.
Judgment against public corporations, enforcement: RCW 6.17.080.
Limitation upon actions by public corporations: RCW 4.16.160.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Lost and found property: Chapter 63.21 RCW.
Metropolitan park districts, withdrawal from: RCW 35.61.010.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Park commissioners: RCW 35.23.170.
Parking meter revenue, basis for revenue bonds: RCW 35.23.454.
Plats
regulation of surveys and plats: RCW 58.10.040.
resurvey and correction of: RCW 58.10.030.
Revenue bonds, parking meter revenue as basis for: RCW 35.23.454.
School districts, educational service districts, agreements with other
governmental entities for transportation of students or the public, or
for other noncommon school purposes—Limitations: RCW
28A.160.120.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction, initial: Chapter 35.70 RCW.
Taxes, power of municipalities: State Constitution Art. 11 § 12.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
35.27.010 Rights, powers, and privileges. Every
town shall be entitled the "Town of . . . . . . . . ." (naming
it), and by such name shall have perpetual succession, may
sue, and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, alterable
at the pleasure of the town authorities, and may purchase,
lease, receive, hold, and enjoy real and personal property and
control, lease, sublease, convey, or otherwise dispose of the
same for the common benefit. [1994 c 273 § 11; 1994 c 81
§ 53; 1965 c 7 § 35.27.010. Prior: 1890 p 198 § 142; RRS
§ 9163.]
Reviser’s note: This section was amended by 1994 c 81 § 53 and by
1994 c 273 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
35.27.030 Uncertain boundaries—Petition—Request
for examination. Whenever a petition is presented to the
council of any incorporated town in this state, signed by not
less than five electors of such town, setting forth that in the
belief of the petitioners, the boundaries of said town are
indefinite and uncertain and that on account of such indefiniteness and uncertainty the legality of the taxes levied
within such town are in danger of being affected, and setting
forth the particular causes or reasons of such alleged indefiniteness or uncertainty, it shall be the duty of the town
council to cause the petition to be filed and recorded by the
clerk, and to cause a copy of the same to be made and
certified by the clerk and the corporate seal of such town to
be attached to said certificate, and the mayor of such town
[Title 35 RCW—page 120]
shall forthwith present said certified copy of the petition to
the board of county commissioners of the county wherein
said town is situated, with a written request to be signed by
him as such mayor that the said board of county commissioners proceed to examine the boundaries of such town or
city, and make the same definite and certain. [1965 c 7 §
35.27.030. Prior: 1899 c 79 § 1; RRS § 9195.]
35.27.040 Duty of county commissioners. The board
of county commissioners upon receipt of the certified copy
of said petition, and the request aforesaid, shall cause the
same to be filed in the office of the county auditor and
forthwith proceed to examine the boundaries of the town and
make the same definite and certain. For this purpose they
may employ a competent surveyor, and shall commence at
some recognized and undisputed point on the boundary line
of the town, if such there be, and if there is no such recognized and undisputed point, they shall establish a starting
point from the best data at their command and from such
starting point they shall run a boundary line by courses and
distances around such town, in one tract or body. [1965 c
7 § 35.27.040. Prior: 1899 c 79 § 2; RRS § 9196.]
35.27.050 Report of survey. The board of county
commissioners, without unnecessary delay, shall make and
file a report of their doings in the premises in the office of
the county auditor, who shall transmit a certified copy
thereof under the seal of the county, to the clerk of the town,
and the clerk shall record the same in the records of the
town, and keep the copy on file in his office. The report
shall contain the description of the boundary of the town, as
fixed by the board, written in plain words and figures and
the boundaries so made and fixed shall be the boundaries of
the town, and all the territory included within the boundary
lines so established shall be included in the town, and be a
part thereof. [1965 c 7 § 35.27.050. Prior: 1899 c 79 § 3;
RRS § 9197.]
35.27.060 Expense of proceedings. The expense of
such proceedings shall be paid by the town at whose request
the same is incurred. The county commissioners shall each
receive as compensation, an amount not exceeding the
amount allowed by law for their usual services as commissioners, and, any surveyor or other assistants employed by
them, a reasonable compensation to be fixed and certified by
said commissioners. [1965 c 7 § 35.27.060. Prior: 1899 c
79 § 4; RRS § 9198.]
35.27.070 Town officers enumerated. The government of a town shall be vested in a mayor and a council
consisting of five members and a treasurer, all elective; the
mayor shall appoint a clerk and a marshal; and may appoint
a town attorney, pound master, street superintendent, a civil
engineer, and such police and other subordinate officers and
employees as may be provided for by ordinance. All
appointive officers and employees shall hold office at the
pleasure of the mayor, subject to any applicable law, rule, or
regulation relating to civil service, and shall not be subject
to confirmation by the town council. [1997 c 361 § 3; 1993
c 47 § 2; 1987 c 3 § 12; 1965 ex.s. c 116 § 14; 1965 c 7 §
35.27.070. Prior: 1961 c 89 § 3; prior: (i) 1903 c 113 § 4;
(2002 Ed.)
Towns
1890 p 198 § 143; RRS § 9164. (ii) 1941 c 108 § 2; 1939
c 87 § 2; Rem. Supp. 1941 § 9165-1a. (iii) 1943 c 183 § 1,
part; 1941 c 91 § 1, part; 1911 c 33 § 1, part; 1903 c 113 §
5, part; 1890 p 198 § 144, part; Rem. Supp. 1943 § 9165.]
Severability—1987 c 3: See note following RCW 3.46.020.
35.27.080 Eligibility to hold elective office. No
person shall be eligible to or hold an elective office in a
town unless he or she is a resident and registered voter in
the town. [1997 c 361 § 8; 1965 c 7 § 35.27.080. Prior:
1890 p 200 § 149; RRS § 9170.]
35.27.090 Elections—Terms of office. All general
municipal elections in towns shall be held biennially in the
odd-numbered years as provided in RCW 29.13.020. The
term of office of the mayor and treasurer shall be four years
and until their successors are elected and qualified and
assume office in accordance with RCW 29.04.170: PROVIDED, That the term of the treasurer shall not commence
in the same biennium in which the term of the mayor
commences. Councilmen shall be elected for four year
terms and until their successors are elected and qualified and
assume office in accordance with RCW 29.04.170; three at
one election and two at the next succeeding biennial election.
[1979 ex.s. c 126 § 23; 1965 c 7 § 35.27.090. Prior: 1963
c 200 § 16; 1961 c 89 § 4; prior: 1955 c 55 § 7; 1943 c
183 § 1, part; 1941 c 91 § 1, part; 1911 c 33 § 1, part; 1903
c 113 § 5, part; 1890 p 198 § 144, part; Rem. Supp. 1943 §
9165, part.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.27.100 Conduct of elections. All elections in
towns shall be held in accordance with the general election
laws of the state. [1994 c 223 § 21; 1965 c 7 § 35.27.100.
Prior: 1890 p 200 § 148; RRS § 9169.]
Elections: Title 29 RCW.
35.27.120 Oath and bond of officers. Every officer
of a town before entering upon the duties of his office shall
take and file with the county auditor his oath of office. The
clerk, treasurer, and marshal before entering upon their
respective duties shall also each execute a bond approved by
the council in such penal sum as the council by ordinance
may determine, conditioned for the faithful performance of
his duties including in the same bond the duties of all offices
of which he is made ex officio incumbent.
All bonds, when approved, shall be filed with the town
clerk, except the bonds of the clerk which shall be filed with
the mayor. [1986 c 167 § 19; 1965 c 7 § 35.27.120. Prior:
1890 p 199 § 145; RRS § 9166.]
Severability—1986 c 167: See note following RCW 29.01.055.
35.27.130 Compensation of officers and employees—Expenses—Nonstate pensions. The mayor and
members of the town council may be reimbursed for actual
expenses incurred in the discharge of their official duties
upon presentation of a claim therefor and its allowance and
approval by resolution of the town council. The mayor and
members of the council may also receive such salary as the
council may fix by ordinance.
(2002 Ed.)
35.27.070
The treasurer and treasurer-clerk shall severally receive
at stated times a compensation to be fixed by ordinance.
The compensation of all other officers and employees
shall be fixed from time to time by the council.
Any town that provides a pension for any of its employees under a plan not administered by the state must notify
the state auditor of the existence of the plan at the time of an
audit of the town by the auditor. No town may establish a
pension plan for its employees that is not administered by
the state, except that any defined contribution plan in
existence as of January 1, 1990, is deemed to have been
authorized. No town that provides a defined contribution
plan for its employees as authorized by this section may
make any material changes in the terms or conditions of the
plan after June 7, 1990. [1993 c 47 § 3; 1990 c 212 § 2;
1973 1st ex.s. c 87 § 2; 1969 ex.s. c 270 § 9; 1965 c 105 §
2; 1965 c 7 § 35.27.130. Prior: 1961 c 89 § 5; prior: (i)
1941 c 115 § 2; 1890 p 200 § 147; Rem. Supp. 1941 §
9168. (ii) 1921 c 24 § 1, part; 1890 p 209 § 168, part; RRS
§ 9187, part. (iii) 1890 p 214 § 173; RRS § 9191. (iv)
1943 c 183 § 1, part; 1941 c 91 § 1, part; 1911 c 33 § 1,
part; 1903 c 113 § 5, part; 1890 p 198 § 144, part; RRS §
9165, part.]
35.27.140 Vacancies. The council of a town may
declare a council position vacant if that councilmember is
absent from the town for three consecutive council meetings
without the permission of the council. In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
A vacancy in any other office shall be filled by appointment by the mayor. [1994 c 223 § 22; 1965 c 7 §
35.27.140. Prior: (i) 1903 c 113 § 6; 1890 p 199 § 146;
RRS § 9167. (ii) 1907 c 228 § 5, part; RRS § 9203, part.]
35.27.160 Mayor—Duties—Powers—Mayor pro
tempore. The mayor shall preside over all meetings of the
council at which he or she is present. A mayor pro tempore
may be chosen by the council for a specified period of time,
not to exceed six months, to act as the mayor in the absence
of the mayor. The mayor shall sign all warrants drawn on
the treasurer and shall sign all written contracts entered into
by the town. The mayor may administer oaths and affirmations, and take affidavits and certify them. The mayor shall
sign all conveyances made by the town and all instruments
which require the seal of the town.
The mayor is authorized to acknowledge the execution
of all instruments executed by the town which require
acknowledgment. [1988 c 196 § 1; 1965 c 7 § 35.27.160.
Prior: 1890 p 209 § 167; RRS § 9186.]
35.27.170 Town treasurer—Duties. The town
treasurer shall receive and safely keep all money which
comes into his hands as treasurer, for all of which he shall
give duplicate receipts, one of which shall be filed with the
clerk. He shall pay out the money on warrants signed by the
mayor and countersigned by the clerk and not otherwise. He
shall make monthly settlements with the clerk. [1965 c 7 §
35.27.170. Prior: 1961 c 89 § 6; prior: 1921 c 24 § 1,
part; 1890 p 209 § 168, part; RRS § 9187, part.]
[Title 35 RCW—page 121]
35.27.180
Title 35 RCW: Cities and Towns
35.27.180 Treasurer and clerk may be combined.
The council of every town may provide by ordinance that
the office of treasurer be combined with that of clerk or that
the office of clerk be combined with that of treasurer. This
ordinance shall not be voted upon until the next regular
meeting after its introduction and shall require the vote of at
least two-thirds of the council. The ordinance shall provide
the date when the consolidation shall take place which date
shall be not less than three months from the date the
ordinance goes into effect. [1965 c 7 § 35.27.180. Prior:
(i) 1945 c 58 § 1; Rem. Supp. 1945 § 9177-1. (ii) 1945 c
58 § 4, part; Rem. Supp. 1945 § 9177-4, part.]
35.27.190 Effect of consolidation of offices. Upon
the consolidation of the office of treasurer with that of clerk,
the office of treasurer shall be abolished and the clerk shall
exercise all the powers and perform all the duties required
by statute or ordinance to be performed by the treasurer; in
the execution of any papers his designation as clerk shall be
sufficient.
Upon the consolidation of the office of clerk with that
of treasurer, the treasurer shall exercise all the powers vested
in and perform all the duties required to be performed by the
clerk. [1965 c 7 § 35.27.190. Prior: (i) 1945 c 58 § 2;
Rem. Supp. 1945 § 9177-2. (ii) 1945 c 58 § 3; Rem. Supp.
1945 § 9177-3.]
35.27.200 Abandonment of consolidation. Every
town which has combined the office of treasurer with that of
clerk or the office of clerk with that of treasurer may
terminate the combination by ordinance, fixing the time
when the combination shall cease and providing that the
duties thereafter be performed by separate officials. If the
office of treasurer was combined with that of clerk, the
mayor shall appoint a treasurer who shall serve until the next
town election when a treasurer shall be elected for the term
as provided by law. [1965 c 7 § 35.27.200. Prior: 1945 c
58 § 4, part; Rem. Supp. 1945 § 9177-4, part.]
35.27.210 Duty of officers collecting moneys. Every
officer collecting or receiving any money belonging to a
town shall settle for it with the clerk on the first Monday of
each month and immediately pay it into the treasury on the
order of the clerk to be credited to the fund to which it
belongs. [1965 c 7 § 35.27.210. Prior: 1890 p 214 § 175;
RRS § 9193.]
35.27.220 Town clerk—Duties. The town clerk shall
be custodian of the seal of the town. He may appoint a
deputy for whose acts he and his bondsmen shall be responsible; he and his deputy may administer oaths or affirmations
and certify to them, and may take affidavits and depositions
to be used in any court or proceeding in the state.
He shall make a quarterly statement in writing showing
the receipts and expenditures of the town for the preceding
quarter and the amount remaining in the treasury.
At the end of every fiscal year he shall make a full and
detailed statement of receipts and expenditures of the
preceding year and a full statement of the financial condition
of the town which shall be published.
[Title 35 RCW—page 122]
He shall perform such other services as may be required
by statute or by ordinances of the town council.
He shall keep a full and true account of all the proceedings of the council. [1965 c 7 § 35.27.220. Prior: 1890 p
210 § 170, part; RRS § 9188, part.]
35.27.230 Records to be kept by clerk. The proceedings of the town council shall be kept in a book marked
"records of council."
The town clerk shall keep a book marked "town
accounts," in which shall be entered on the debit side all
moneys received by the town including but not limited to
proceeds from licenses and general taxes and in which shall
be entered on the credit side all warrants drawn on the
treasury.
He shall also keep a book marked "marshal’s account"
in which he shall charge the marshal with all licenses
delivered to him and credit him with all money collected and
paid in.
He shall also keep a book marked "treasurer’s account"
in which he shall keep a full account of the transactions of
the town with the treasurer.
He shall also keep a book marked "licenses" in which
he shall enter all licenses issued by him—the date thereof,
to whom issued, for what, the time they expire, and the
amount paid.
Each of the foregoing books, except the records of the
council, shall have a general index sufficiently comprehensive to enable a person readily to ascertain matters contained
therein.
He shall also keep a book marked "demands and
warrants" in which he shall enter every demand against the
town at the time of filing it. He shall state therein the final
disposition of each demand and if it is allowed and a warrant
drawn, he shall state the number of the warrant and its date.
This book shall contain an index in which reference shall be
made to each demand. [1965 c 7 § 35.27.230. Prior: 1890
p 210 § 170, part; RRS § 9188, part.]
35.27.240 Town marshal—Police department. The
department of police in a town shall be under the direction
and control of the marshal subject to the direction of the
mayor. He may pursue and arrest violators of town ordinances beyond the town limits.
His lawful orders shall be promptly executed by
deputies, police officers and watchmen. Every citizen shall
lend him aid, when required, for the arrest of offenders and
maintenance of public order. He may appoint, subject to the
approval of the mayor, one or more deputies, for whose acts
he and his bondsmen shall be responsible, whose compensation shall be fixed by the council. With the concurrence of
the mayor, he may appoint additional policemen for one day
only when necessary for the preservation of public order.
He shall have the same authority as that conferred upon
sheriffs for the suppression of any riot, public tumult,
disturbance of the peace, or resistance against the laws or
public authorities in the lawful exercise of their functions
and shall be entitled to the same protection.
He shall execute and return all process issued and
directed to him by any legal authority and for his services
shall receive the same fees as are paid to constables. He
(2002 Ed.)
Towns
35.27.240
shall perform such other services as the council by ordinance
may require. [1987 c 3 § 13; 1977 ex.s. c 316 § 24; 1965
c 125 § 1; 1965 c 7 § 35.27.240. Prior: 1963 c 191 § 1;
1890 p 213 § 172; RRS § 9190.]
Every ordinance shall be signed by the mayor and
attested by the clerk. [1965 c 7 § 35.27.290. Prior: 1917
c 99 § 1, part; 1890 p 204 § 155, part; RRS § 9178, part.]
Severability—1987 c 3: See note following RCW 3.46.020.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
35.27.300 Ordinances—Publication—Summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of
the content of each ordinance shall be published at least once
in the official newspaper of the town.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the town publishes a summary, the
publication shall include a statement that the full text of the
ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a town publish the
text or a summary of the content of each adopted ordinance,
every town shall establish a procedure for notifying the
public of upcoming hearings and the preliminary agenda for
the forthcoming council meeting. Such procedure may
include, but not be limited to, written notification to the
town’s official newspaper, publication of a notice in the
official newspaper, posting of upcoming council meeting
agendas, or such other processes as the town determines will
satisfy the intent of this requirement. [1994 c 273 § 12;
1988 c 168 § 5; 1987 c 400 § 2; 1985 c 469 § 26; 1965 c 7
§ 35.27.300. Prior: 1917 c 99 § 1, part; 1890 p 204 § 155,
part; RRS § 9178, part.]
35.27.250 Town attorney—Duties. The town
attorney shall advise the town authorities and officers in all
legal matters pertaining to the business of the town. [1965
c 7 § 35.27.250. Prior: 1890 p 212 § 171; RRS § 9189.]
Employment of legal interns: RCW 35.21.760.
35.27.260 Park commissioners. See RCW 35.23.170.
35.27.270 Town council—Oath—Meetings. The
town council shall meet in January succeeding the date of
the general municipal election, shall take the oath of office,
and shall hold regular meetings at least once each month at
such times as may be fixed by ordinance. Special meetings
may be called at any time by the mayor or by three
councilmembers, by written notice as provided in RCW
42.30.080. No resolution or order for the payment of money
shall be passed at any other than a regular meeting. No such
resolution or order shall be valid unless passed by the votes
of at least three councilmembers.
All meetings of the council shall be held at such places
as may be designated by the town council. All final actions
on resolutions and ordinances must take place within the
corporate limits of the town. All meetings of the town
council must be public. [1993 c 199 § 1; 1965 c 7 §
35.27.270. Prior: (i) 1890 p 200 § 150; RRS § 9171. (ii)
1890 p 201 § 153, part; RRS § 9174, part.]
Times for holding elections: Chapter 29.13 RCW.
35.27.280 Town council—Quorum—Rules—
Journal. A majority of the councilmen shall constitute a
quorum for the transaction of business, but a lesser number
may adjourn from time to time and may compel the attendance of absent members in such manner and under such
penalties as may be prescribed by ordinance.
The mayor shall preside at all meetings of the council.
The mayor shall have a vote only in case of a tie in the
votes of the councilmen. In the absence of the mayor the
council may appoint a president pro tempore; in the absence
of the clerk, the mayor or president pro tempore, shall
appoint one of the council members as clerk pro tempore.
The council may establish rules for the conduct of its proceedings and punish any members or other person for
disorderly behavior at any meeting. At the desire of any
member, the ayes and noes shall be taken on any question
and entered in the journal. [1965 c 107 § 2; 1965 c 7 §
35.27.280. Prior: (i) 1890 p 201 § 151; RRS § 9172. (ii)
1890 p 201 § 152, part; RRS § 9173, part.]
35.27.290 Ordinances—Style—Signatures. The
enacting clause of all ordinances shall be as follows: "Be it
ordained by the council of the town of . . . . ."
(2002 Ed.)
35.27.310 Ordinances—Clerk to keep book of
ordinances. The town clerk shall keep a book marked
"ordinances" into which he shall copy all town ordinances,
with his certificate annexed to said copy stating that the
foregoing ordinance is a true and correct copy of an ordinance of the town, and giving the number and title of the
ordinance, and stating that it has been published or posted
according to law. Such record copy, with the clerk’s
certificate, shall be prima facie evidence of the contents of
the ordinance and of its passage and publication, and shall be
admissible as such in any court or proceeding. Such record
shall not be filed in any case but shall be returned to the
custody of the clerk. Nothing herein shall be construed to
prevent the proof of the passage and publication of ordinances in the usual way. The book of ordinances shall have a
general index sufficiently comprehensive to enable a person
readily to ascertain matters contained therein. [1965 c 7 §
35.27.310. Prior: 1890 p 210 § 170, part; RRS § 9188,
part.]
35.27.330 Ordinances granting franchises—
Requisites. No ordinance or resolution granting any
franchise for any purpose shall be passed by the council on
the day of its introduction, nor within five days thereafter,
nor at any other than a regular meeting, and no such
ordinance or resolution shall have any validity or effect
unless passed by the vote of at least three councilmen. The
[Title 35 RCW—page 123]
35.27.330
Title 35 RCW: Cities and Towns
town council may require a bond in a reasonable amount
from any persons and corporations obtaining a franchise
from the town conditioned for the faithful performance of
the conditions and terms of the franchise and providing a
recovery on the bond in case of failure to perform the terms
and conditions of the franchise. [1965 c 7 § 35.27.330.
Prior: (i) 1890 p 201 § 153, part; RRS § 9174, part. (ii)
1907 c 228 § 1, part; RRS § 9199, part.]
35.27.340 Audit and allowance of demands against
town. All demands against a town shall be presented to and
audited by the council in accordance with such regulations
as they may by ordinance prescribe. Upon allowance of a
demand the mayor shall draw a warrant therefor upon the
treasurer; the warrant shall be countersigned by the clerk and
shall specify the purpose for which it is drawn.
The town clerk and his deputy shall take all necessary
affidavits to claims against the town and certify them. [1965
c 7 § 35.27.340. Prior: (i) 1890 p 210 § 170, part; RRS §
9188, part. (ii) 1890 p 204 § 156; RRS § 9179.]
35.27.350 Contract for town printing. Every town
may designate any daily or weekly newspaper published or
of general circulation therein as its official newspaper and all
notices published in that newspaper for the period and in the
manner provided by law or the ordinances of the town shall
be due and legal notice. [1965 c 7 § 35.27.350. Prior:
1903 c 120 § 1; RRS § 9177.]
35.27.362 Contracts, purchases, advertising—Call
for bids—Exceptions. See RCW 35.23.352.
35.27.370 Specific powers enumerated. The council
of said town shall have power:
(1) To pass ordinances not in conflict with the Constitution and laws of this state, or of the United States;
(2) To purchase, lease or receive such real estate and
personal property as may be necessary or proper for municipal purposes, and to control, dispose of and convey the same
for the benefit of the town; to acquire, own, and hold real
estate for cemetery purposes either within or without the
corporate limits, to sell and dispose of such real estate, to
plat or replat such real estate into cemetery lots and to sell
and dispose of any and all lots therein, and to operate,
improve and maintain the same as a cemetery;
(3) To contract for supplying the town with water for
municipal purposes, or to acquire, construct, repair and
manage pumps, aqueducts, reservoirs, or other works necessary or proper for supplying water for use of such town or
its inhabitants, or for irrigating purposes therein;
(4) To establish, build and repair bridges, to establish,
lay out, alter, widen, extend, keep open, improve, and repair
streets, sidewalks, alleys, squares and other public highways
and places within the town, and to drain, sprinkle and light
the same; to remove all obstructions therefrom; to establish
the grades thereof; to grade, pave, plank, macadamize, gravel
and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks and crosswalks therein, or on any
part thereof; to cause to be planted, set out and cultivated
trees therein, and generally to manage and control all such
highways and places;
[Title 35 RCW—page 124]
(5) To establish, construct and maintain drains and
sewers, and shall have power to compel all property owners
on streets along which sewers are constructed to make
proper connections therewith, and to use the same for proper
purposes when such property is improved by the erection
thereon of a building or buildings; and in case the owners of
such improved property on such streets shall fail to make
such connections within the time fixed by such council, they
may cause such connections to be made, and to assess
against the property in front of which such connections are
made the costs and expenses thereof;
(6) To provide fire engines and all other necessary or
proper apparatus for the prevention and extinguishment of
fires;
(7) To impose and collect an annual license on every
dog within the limits of the town, to prohibit dogs running
at large, and to provide for the killing of all dogs found at
large and not duly licensed;
(8) To levy and collect annually a property tax, for the
payment of current expenses and for the payment of indebtedness (if any indebtedness exists) within the limits authorized by law;
(9) To license, for purposes of regulation and revenue,
all and every kind of business, authorized by law and
transacted and carried on in such town; and all shows,
exhibitions and lawful games carried on therein and within
one mile of the corporate limits thereof; to fix the rate of
license tax upon the same, and to provide for the collection
of the same, by suit or otherwise; to regulate, restrain, or
prohibit the running at large of any and all domestic animals
within the city limits, or any part or parts thereof, and to
regulate the keeping of such animals within any part of the
city; to establish, maintain and regulate a common pound for
estrays, and to appoint a poundkeeper, who shall be paid out
of the fines and fees imposed on, and collected from, the
owners of any impounded stock;
(10) To improve the rivers and streams flowing through
such town or adjoining the same; to widen, straighten and
deepen the channels thereof, and to remove obstructions
therefrom; to prevent the pollution of streams or water
running through such town, and for this purpose shall have
jurisdiction for two miles in either direction; to improve the
waterfront of the town, and to construct and maintain embankments and other works to protect such town from
overflow;
(11) To erect and maintain buildings for municipal
purposes;
(12) To grant franchises or permits to use and occupy
the surface, the overhead and the underground of streets,
alleys and other public ways, under such terms and conditions as it shall deem fit, for any and all purposes, including
but not being limited to the construction, maintenance and
operation of railroads, street railways, transportation systems,
water, gas and steam systems, telephone and telegraph
systems, electric lines, signal systems, surface, aerial and
underground tramways;
(13) To punish the keepers and inmates and lessors of
houses of ill fame, and keepers and lessors of gambling
houses and rooms and other places where gambling is
carried on or permitted, gamblers and keepers of gambling
tables;
(2002 Ed.)
Towns
35.27.370
(14) To impose fines, penalties and forfeitures for any
and all violations of ordinances, and for any breach or
violation of any ordinance, to fix the penalty by fine or
imprisonment, or both; but no such fine shall exceed five
thousand dollars, nor the term of imprisonment exceed one
year, except that the punishment for any criminal ordinance
shall be the same as the punishment provided in state law for
the same crime; or to provide that violations of ordinances
constitute a civil violation subject to a monetary penalty, but
no act which is a state crime may be made a civil violation;
(15) To operate ambulance service which may serve the
town and surrounding rural areas and, in the discretion of the
council, to make a charge for such service;
(16) To make all such ordinances, bylaws, rules,
regulations and resolutions not inconsistent with the Constitution and laws of the state of Washington, as may be
deemed expedient to maintain the peace, good government
and welfare of the town and its trade, commerce and
manufacturers, and to do and perform any and all other acts
and things necessary or proper to carry out the provisions of
this chapter. [1993 c 83 § 7; 1986 c 278 § 6; 1984 c 258 §
805; 1977 ex.s. c 316 § 25; 1965 ex.s. c 116 § 15; 1965 c
127 § 1; 1965 c 7 § 35.27.370. Prior: 1955 c 378 § 4;
1949 c 151 § 1; 1945 c 214 § 1; 1941 c 74 § 1; 1927 c 207
§ 1; 1925 ex.s. c 159 § 1; 1895 c 32 § 1; 1890 p 201 § 154;
Rem. Supp. 1949 § 9175.]
highways and places within the town, or for the purpose of
rights-of-way for drains, sewers, and aqueducts, and for the
purpose of widening, straightening, or diverting the channels
of streams and the improvement of waterfronts, and the
council cannot agree with the owner thereof as to the price
to be paid, the council may direct proceedings to be taken
under the general laws of the state to procure the same.
[1965 c 7 § 35.27.380. Prior: 1890 p 207 § 162; RRS §
9182.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
Validating—1925 ex.s. c 159: "All franchises, permits and rights of
way heretofore granted by any municipality of the fourth class to any
person, firm or corporation, to construct, maintain or operate surface,
underground and aerial tramways and other means of conveyance over,
above, across, upon and along its streets, highways and alleys are hereby
validated, ratified and confirmed." [1925 ex.s. c 159 § 2.]
35.27.410 Nuisances. Every act or thing done or
being within the limits of a town, which is declared by law
or by ordinance to be a nuisance shall be a nuisance and
shall be so considered in all actions and proceedings. All
remedies given by law for the prevention and abatement of
nuisances shall apply thereto. [1965 c 7 § 35.27.410. Prior:
1890 p 205 § 160; RRS § 9181.]
35.27.372 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.27.373 City license fees or taxes on certain
business activities to be at a single uniform rate. See
RCW 35.21.710.
35.27.375 Additional powers—Parking meter
revenue for revenue bonds. See RCW 35.23.454.
35.27.376 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
35.27.377 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.27.380 Additional powers—Eminent domain.
Whenever it becomes necessary for a town to take or
damage private property for the purpose of establishing,
laying out, extending, and widening streets and other public
(2002 Ed.)
Eminent domain: Chapter 8.12 RCW.
35.27.385 Additional powers—Construction and
operation of boat harbors, marinas, docks, etc. See RCW
35.23.455.
35.27.390
35.23.460.
Employees’ group insurance. See RCW
35.27.400 Fire limits—Parks. Towns are hereby
given the power to establish fire limits with proper regulations; to acquire by purchase or otherwise, lands for public
parks within or without the limits of the town, and to
improve the same. [1965 c 7 § 35.27.400. Prior: 1961 c 58
§ 1; 1899 c 103 § 1; RRS § 9176.]
Nuisances: Chapter 9.66 RCW.
35.27.500 Taxation—Street poll tax. A town may
impose upon and collect from every inhabitant of the town
over eighteen years of age an annual street poll tax not
exceeding two dollars and no other road poll tax shall be
collected within the limits of the town. [1973 1st ex.s. c 154
§ 52; 1971 ex.s. c 292 § 62; 1965 c 7 § 35.27.500. Prior:
1905 c 75 § 1, part; RRS § 9210, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
35.27.510 Utilities—Transfer of part of net earnings
to current expense fund. When any special fund of a
public utility department of a town has retired all bond and
warrant indebtedness and is on a cash basis, if a reserve or
depreciation fund has been created in an amount satisfactory
to the state auditor and if the fixing of the rates of the utility
is governed by contract with the supplier of water, electrical
energy, or other commodity sold by the town to its inhabitants, and the rates are at the lowest possible figure, the town
council may set aside such portion of the net earnings of the
utility as it may deem advisable and transfer it to the town’s
current expense fund: PROVIDED, That no amount in
excess of fifty percent of the net earnings shall be so set
aside and transferred except with the unanimous approval of
the council and mayor. [1995 c 301 § 38; 1965 c 7 §
[Title 35 RCW—page 125]
35.27.510
Title 35 RCW: Cities and Towns
35.27.510. Prior: 1939 c 96 § 1; 1929 c 98 § 1; RRS §
9185-1.]
35.27.515 Criminal code repeals by town operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A town operating
a municipal court may not repeal in its entirety that portion
of its municipal code defining crimes or repeal a provision
of its municipal code which defines a crime equivalent to an
offense listed in RCW 46.63.020 unless the municipality has
reached an agreement with the appropriate county under
chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution,
adjudication, and sentencing in criminal cases filed in district
court as a result of the repeal. The agreement shall include
provisions for periodic review and renewal of the terms of
the agreement. If the municipality and the county are unable
to agree on the terms for renewal of the agreement, they
shall be deemed to have entered into an agreement to submit
the issue to arbitration under chapter 7.04 RCW. Pending
conclusion of the arbitration proceeding, the terms of the
agreement shall remain in effect. The municipality and the
county have the same rights and are subject to the same
duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. [1984 c 258 § 207.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.27.550 Off-street parking space and facilities—
Authorized—Declared public use. Towns are authorized
to provide off-street parking space and facilities for motor
vehicles, and the use of real property for such purpose is declared to be a public use. [1994 c 81 § 54; 1965 c 7 §
35.27.550. Prior: 1961 c 33 § 1.]
Off-street parking facilities, cities of the first, second, and third classes:
Chapter 35.86 RCW.
35.27.560 Off-street parking space and facilities—
Financing. In order to provide for off-street parking space
and/or facilities, such towns are authorized, in addition to
their powers for financing public improvements, to finance
their acquisition through the issuance and sale of revenue
bonds and general obligation bonds. Any bonds issued by
such towns pursuant to this section shall be issued in the
manner and within the limitations prescribed by the Constitution and the laws of this state. In addition local improvement districts may be created and their financing procedures
used for this purpose in accordance with the provisions of
Title 35 RCW, as now or hereafter amended. Such towns
may finance from their general budget, costs of land acquisition, planning, engineering, location, design and construction
to the off-street parking. [1965 c 7 § 35.27.560. Prior:
1961 c 33 § 2.]
35.27.570 Off-street parking space and facilities—
Acquisition and disposition of real property. Such towns
are authorized to obtain by lease, purchase, donation and/or
gift, or by eminent domain in the manner provided by law
for the exercise of this power by cities, such real property
for off-street parking as the legislative bodies thereof
determine to be necessary by ordinance. Such property may
[Title 35 RCW—page 126]
be sold, transferred, exchanged, leased, or otherwise disposed
of by the town when its legislative body has determined by
ordinance such property is no longer necessary for off-street
parking purposes. [1965 c 7 § 35.27.570. Prior: 1961 c 33
§ 3.]
Eminent domain: Chapter 8.12 RCW.
35.27.580 Off-street parking space and facilities—
Operation—Lease. Such towns are authorized to establish
the methods of operation of off-street parking space and/or
facilities by ordinance, which may include leasing or municipal operation. [1965 c 7 § 35.27.580. Prior: 1961 c 33 §
4.]
35.27.590 Off-street parking space and facilities—
Hearing prior to establishment. Before the establishment
of any off-street parking space and/or facilities, the town
shall hold a public hearing thereon, prior to the adoption of
any ordinance relating to the leasing or acquisition of
property, and for the financing thereof for this purpose.
[1965 c 7 § 35.27.590. Prior: 1961 c 33 § 5.]
35.27.600 Off-street parking space and facilities—
Construction. Insofar as the provisions of RCW 35.27.550
through 35.27.600 are inconsistent with the provisions of any
other law, the provisions of RCW 35.27.550 through
35.27.600 shall be controlling. [1965 c 7 § 35.27.600.
Prior: 1961 c 33 § 7.]
Chapter 35.30
UNCLASSIFIED CITIES
Sections
35.30.010
35.30.011
35.30.014
35.30.018
35.30.020
35.30.030
35.30.040
35.30.050
35.30.060
35.30.100
Additional powers.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
Publication of ordinances or summary—Public notice of
hearings and meeting agendas.
Sewer systems—Sewer fund.
Assessment, levy and collection of taxes.
Limitation of indebtedness.
Additional indebtedness with popular vote.
Additional indebtedness for municipal utilities.
Criminal code repeal by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35.30.010 Additional powers. The council, or other
legislative body, of all cities within the state of Washington
which were created by special charter prior to the adoption
of the state Constitution, and which have not since reincorporated under any general statute, shall have, in addition to
the powers specially granted by the charter of such cities, the
following powers:
(1) To construct, establish and maintain drains and
sewers.
(2) To impose and collect an annual license not exceeding two dollars on every dog owned or harbored within the
limits of the city.
(2002 Ed.)
Unclassified Cities
35.30.010
(3) To levy and collect annually a property tax on all
property within such city.
(4) To license all shows, exhibitions and lawful games
carried on therein; and to fix the rates of license tax upon
the same, and to provide for the collection of the same by
suit or otherwise.
(5) To permit, under such restrictions as they may deem
proper, the construction and maintenance of telephone,
telegraph and electric light lines therein.
(6) To impose fines, penalties and forfeitures for any
and all violations of ordinances; and for any breach or
violation of any ordinance, to fix the penalty by fine or
imprisonment or both, but no such fine shall exceed five
thousand dollars nor the term of imprisonment exceed one
year.
(7) To cause all persons imprisoned for violation of any
ordinance to labor on the streets or other public property or
works within the city.
(8) To make all such ordinances, bylaws and regulations, not inconsistent with the Constitution and laws of the
state of Washington, as may be deemed expedient to
maintain the peace, good government and welfare of the city,
and to do and perform any and all other acts and things
necessary and proper to carry out the purposes of the municipal corporation. [1984 c 258 § 806; 1965 c 7 §
35.30.010. Prior: 1899 c 69 § 1; RRS § 8944.]
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 13; 1988 c 168 § 6; 1985 c 469
§ 101.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.30.014 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.30.018 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of
the content of each ordinance shall be published at least once
in the official newspaper of the city.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the
publication shall include a statement that the full text of the
ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance,
every city shall establish a procedure for notifying the public
of upcoming hearings and the preliminary agenda for the
forthcoming council meeting. Such procedure may include,
but not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
35.30.030 Assessment, levy and collection of taxes.
The city council shall have power to provide by ordinance
a complete system for the assessment, levy, and collection of
all city taxes. All taxes assessed together with any percentage imposed for delinquency and the cost of collection, shall
constitute liens on the property assessed from and after the
first day of November each year; which liens may be
enforced by a summary sale of such property, and the
execution and delivery of all necessary certificates and deeds
therefor, under such regulations as may be prescribed by
ordinance or by action in any court of competent jurisdiction
to foreclose such liens: PROVIDED, That any property sold
for taxes shall be subject to redemption within the time and
within the manner provided or that may hereafter be provided by law for the redemption of property sold for state and
county taxes. [1965 c 7 § 35.30.030. Prior: 1899 c 69 § 3;
RRS § 8946.]
35.30.040 Limitation of indebtedness. Whenever it
is deemed advisable to do so by the city council thereof, any
city having a corporate existence in this state at the time of
the adoption of the Constitution thereof is hereby authorized
and empowered to borrow money and to contract indebtedness in any other manner for general municipal purposes, not
exceeding in amount, together with the existing general
indebtedness of the city, the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended,
to be incurred without the assent of the voters. [1965 c 7 §
35.30.040. Prior: 1890 p 225 § 1; RRS § 9532.]
35.30.011 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
(2002 Ed.)
35.30.020 Sewer systems—Sewer fund. The city
council of all unclassified cities in this state are authorized
to construct a sewer or system of sewers and to keep the
same in repair; the cost of such sewer or sewers shall be
paid from a special fund to be known as the "sewer fund" to
be provided by the city council, which fund shall be created
by a tax on all the property within the limits of such city:
PROVIDED, That such tax shall not exceed one dollar and
twenty-five cents per thousand dollars of the assessed value
of all real and personal property within such city for any one
year. Whenever it shall become necessary for the city to
take or damage private property for the purpose of making
or repairing sewers, and the city council cannot agree with
the owner as to the price to be paid, the city council may
direct proceedings to be taken by law for the condemnation
of such property for such purpose. [1973 1st ex.s. c 195 §
18; 1965 c 7 § 35.30.020. Prior: 1899 c 69 § 2; RRS §
8945.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Construction—1890 p 227: "That when this act comes in conflict
with any provision, limitation or restriction in any local or special law or
charter existing at the time that the Constitution of the State of Washington
was adopted, this statute shall govern and control." [1890 p 227 § 6.] This
applies to RCW 35.30.040 through 35.30.060.
[Title 35 RCW—page 127]
35.30.040
Title 35 RCW: Cities and Towns
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.30.050 Additional indebtedness with popular
vote. Any such city may borrow money or contract indebtedness for strictly municipal purposes over the amount
specified in RCW 35.30.040, but not exceeding in amount,
together with existing general indebtedness, the amount of
indebtedness authorized by chapter 39.36 RCW as now or
hereafter amended, to be incurred with the assent of the
voters, through the council of the city, whenever three-fifths
of the voters assent thereto, at an election to be held for that
purpose, at such time, upon such reasonable notice, and in
the manner presented by the city council, not inconsistent
with the general election laws. [1965 c 7 § 35.30.050.
Prior: 1890 p 225 § 2; RRS § 9533.]
Elections: Title 29 RCW.
35.30.060 Additional indebtedness for municipal
utilities. In addition to the powers granted in RCW
35.30.040 and 35.30.050, any such city, through its council
may borrow money or contract indebtedness not exceeding
in amount the amount of indebtedness authorized by chapter
39.36 RCW, as now or hereafter amended, for the purpose
of supplying the city with water, artificial light, or sewers,
when the plants used therefor are owned and controlled by
the city, whenever three-fifths of the voters assent thereto at
an election to be held for that purpose, according to the
provisions of RCW 35.30.050. [1965 c 7 § 35.30.060.
Prior: 1890 p 225 § 3; RRS § 9534.]
Chapter 35.31
ACCIDENT CLAIMS AND FUNDS
Sections
35.31.020 Charter cities—Manner of filing.
35.31.040 Noncharter cities and towns—Manner of filing—Report.
35.31.050 Accident fund—Warrants for judgments.
35.31.060 Tax levy for fund.
35.31.070 Surplus to current expense fund.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Claims, reports, etc., filing: RCW 1.12.070.
Tortious conduct of political subdivision, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
35.31.020 Charter cities—Manner of filing. The
provisions of chapter 35.31 RCW shall be applied notwithstanding any provisions to the contrary in any charter of any
city permitted by law to have a charter; however, charter
provisions not inconsistent herewith shall continue to apply.
All claims for damages against a charter city shall be filed
in the manner set forth in chapter 4.96 RCW. [1993 c 449
§ 7; 1967 c 164 § 12; 1965 c 7 § 35.31.020. Prior: 1957 c
224 § 3; 1917 c 96 § 1; 1915 c 148 § 1; 1909 c 83 § 2;
RRS § 9479.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions and municipal corporations,
liability for damages: Chapter 4.96 RCW.
35.30.100 Criminal code repeal by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city operating a
municipal court may not repeal in its entirety that portion of
its municipal code defining crimes unless the municipality
has reached an agreement with the appropriate county under
chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution,
adjudication, and sentencing in criminal cases filed in district
court as a result of the repeal. The agreement shall include
provisions for periodic review and renewal of the terms of
the agreement. If the municipality and the county are unable
to agree on the terms for renewal of the agreement, they
shall be deemed to have entered into an agreement to submit
the issue to arbitration under chapter 7.04 RCW. Pending
conclusion of the arbitration proceeding, the terms of the
agreement shall remain in effect. The municipality and the
county have the same rights and are subject to the same
duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. [1984 c 258 § 208.]
35.31.040 Noncharter cities and towns—Manner of
filing—Report. All claims for damages against noncharter
cities and towns shall be filed in the manner set forth in
chapter 4.96 RCW.
No ordinance or resolution shall be passed allowing
such claim or any part thereof, or appropriating any money
or other property to pay or satisfy the same or any part
thereof, until the claim has first been referred to the proper
department or committee, nor until such department or
committee has made its report to the council thereon
pursuant to such reference. [1993 c 449 § 8; 1989 c 74 § 1;
1967 c 164 § 13; 1965 c 7 § 35.31.040. Prior: 1957 c 224
§ 4; 1915 c 148 § 2; 1909 c 167 § 1; RRS § 9481.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35.31.050 Accident fund—Warrants for judgments.
Every city of the second class and town may create an
accident fund upon which the clerk shall draw warrants for
the full amount of any judgment including interest and costs
against the city or town on account of personal injuries
suffered by any person as shown by a transcript of the
judgment duly certified to the clerk. The warrants shall be
issued in denominations not less than one hundred dollars
nor more than five hundred dollars; they shall draw interest
[Title 35 RCW—page 128]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Actions against political subdivisions, municipal corporations, and quasi
municipal corporations: Chapter 4.96 RCW.
Limitation of actions: Chapter 4.16 RCW.
(2002 Ed.)
Accident Claims and Funds
at the rate of six percent per annum, shall be numbered
consecutively and be paid in the order of their issue. [1994
c 81 § 55; 1965 c 7 § 35.31.050. Prior: (i) 1909 c 128 § 1;
RRS § 9482. (ii) 1909 c 128 § 2; RRS § 9483. (iii) 1909
c 128 § 5; RRS § 9486.]
35.31.060 Tax levy for fund. The city or town
council after the drawing of warrants against the accident
fund shall estimate the amount necessary to pay the warrants
with accrued interest thereon, and shall levy a tax sufficient
to pay that amount not exceeding seventy-five cents per
thousand dollars of assessed value. If a single levy of
seventy-five cents per thousand dollars of assessed value is
not sufficient, an annual levy of seventy-five cents per
thousand dollars of assessed value shall be made until the
warrants and interest are fully paid. [1973 1st ex.s. c 195 §
19; 1965 c 7 § 35.31.060. Prior: 1909 c 128 § 3; RRS §
9484.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.31.070 Surplus to current expense fund. If there
is no judgment outstanding against the city or town for
personal injuries the money remaining in the accident fund
after the payment of the warrants drawn on that fund and
interest in full shall be transferred to the current expense
fund. [1965 c 7 § 35.31.070. Prior: 1909 c 128 § 4; RRS
§ 9485.]
Chapter 35.32A
BUDGETS IN CITIES OVER 300,000
Sections
35.32A.010
35.32A.020
35.32A.030
35.32A.040
35.32A.050
35.32A.060
35.32A.070
35.32A.080
35.32A.090
Budget to be enacted—Exempted functions or programs.
Budget director.
Estimates of revenues and expenditures—Preparation of
proposed budget—Submission to city council—
Copies—Publication.
Consideration by city council—Hearings—Revision by
council.
Adoption of budget—Expenditure allowances constitute
appropriations—Reappropriations—Transfers of allowances.
Emergency fund.
Utilities—Exemption from budgetary control.
Unexpended appropriations—Annual—Operating and
maintenance—Capital and betterment outlays.
Budget mandatory—Other expenditures void—Liability of
public officials—Penalty.
Short title.
Severability—1967 c 7.
35.32A.900
35.32A.910
Budgets
expenditures for streets: RCW 35.76.060.
leases with or without option to purchase, budget to provide for payment
of rentals: RCW 35.42.220.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.32A.010 Budget to be enacted—Exempted
functions or programs. In each city of over three hundred
thousand population, there shall be enacted annually by the
legislative authority a budget covering all functions or
programs of such city except in those cities in which an
(2002 Ed.)
35.31.050
ordinance has been adopted under RCW 35.34.040 providing
for a biennial budget, in which case this chapter does not
apply. In addition, this chapter shall not apply to any
municipal transportation system managed by a separate
commission, the making of expenditures from proceeds of
general obligation and revenue bond sales, or the expenditure
of moneys derived from grants, gifts, bequests or devises for
specified purposes. [1985 c 175 § 3; 1967 c 7 § 3.]
35.32A.020 Budget director. There shall be a budget
director, appointed by the mayor without regard to civil
service rules and regulations and subject to confirmation by
a majority of the members of the city council, who shall be
in charge of the city budget office and, under the direction
of the mayor, shall be responsible for preparing the budget
and supervising its execution. The budget director may be
removed by the mayor upon filing with the city council a
statement of his reasons therefor. [1967 c 7 § 4.]
35.32A.030 Estimates of revenues and expenditures—Preparation of proposed budget—Submission to
city council—Copies—Publication. The heads of all
departments, divisions or agencies of the city government,
including the library department, and departments headed by
commissions or elected officials shall submit to the mayor
estimates of revenues and necessary expenditures for the
ensuing fiscal year in such detail, in such form and at such
time as the mayor shall prescribe.
The budget director shall assemble all estimates of
revenues; necessary departmental expenditures; interest and
redemption requirements for any city debt; and other
pertinent budgetary information as may be required by
uniform regulations of the state auditor; and, under the
direction of the mayor, prepare a proposed budget for
presentation to the city council.
The revenue estimates shall be based primarily on the
collection experience of the first six months of the current
fiscal year and the last six months of the preceding fiscal
year and shall not include revenue from any source in excess
of the amount so collected unless it shall be reasonably
anticipated that such excess amounts will in fact be realized.
The estimated revenues shall include sources previously
established by law and unencumbered fund balances estimated to be available at the close of the current fiscal year. The
estimated expenditures in the proposed budget shall, in no
event, exceed such estimated revenues: PROVIDED, That
the mayor may recommend expenditures exceeding the
estimated revenues when accompanied by proposed legislation to raise at least an equivalent amount of additional
revenue.
The mayor shall submit the proposed budget to the city
council not later than ninety days prior to the beginning of
the ensuing fiscal year.
The budget director shall cause sufficient copies of the
proposed budget to be prepared and made available to all
interested persons and shall cause a summary of the proposed budget to be published at least once in the city official
newspaper. [1985 c 175 § 62; 1967 c 7 § 5.]
35.32A.040 Consideration by city council—
Hearings—Revision by council. The city council shall
[Title 35 RCW—page 129]
35.32A.040
Title 35 RCW: Cities and Towns
forthwith consider the proposed budget submitted by the
mayor and shall cause such public hearings to be scheduled
on two or more days to allow all interested persons to be
heard. Such hearings shall be announced by public notice
published in the city official newspaper as well as provided
to general news media.
The city council may insert new expenditure allowances,
increase or decrease expenditure allowances recommended
by the mayor, or revise estimates of revenues subject to the
same restrictions as are herein imposed on the mayor; but
may not adopt a budget in which the total expenditure
allowances exceed the total estimated revenues as defined in
RCW 35.32A.030 for the ensuing fiscal year. [1985 c 175
§ 63; 1967 c 7 § 6.]
35.32A.050 Adoption of budget—Expenditure
allowances constitute appropriations—
Reappropriations—Transfers of allowances. Not later
than thirty days prior to the beginning of the ensuing fiscal
year the city council shall, by ordinance adopt the budget
submitted by the mayor as modified by the city council.
The expenditure allowances as set forth in the enacted
budget shall constitute the budget appropriations for the
ensuing fiscal year. The city council by ordinance may,
during the fiscal year covered by the enacted budget,
abrogate or decrease any unexpended allowance contained
within the budget and reappropriate such unexpended
allowances for other functions or programs. Transfers between allowances in the budget of any department, division
or agency may be made upon approval by the budget
director pursuant to such regulations as may be prescribed by
ordinance. [1967 c 7 § 7.]
35.32A.060 Emergency fund. Every city having a
population of over three hundred thousand may maintain an
emergency fund, which fund balance shall not exceed thirtyseven and one-half cents per thousand dollars of assessed
value. Such fund shall be maintained by an annual budget
allowance. When the necessity therefor arises transfers may
be made to the emergency fund from any tax-supported fund
except bond interest and redemption funds.
The city council by an ordinance approved by two-thirds
of all of its members may authorize the expenditure of
sufficient money from the emergency fund, or other designated funds, to meet the expenses or obligations:
(1) Caused by fire, flood, explosion, storm, earthquake,
epidemic, riot, insurrection, act of God, act of the public
enemy or any other such happening that could not have been
anticipated; or
(2) For the immediate preservation of order or public
health or for the restoration to a condition of usefulness of
public property the usefulness of which has been destroyed
by accident; or
(3) In settlement of approved claims for personal
injuries or property damages, exclusive of claims arising
from the operation of a public utility owned by the city; or
(4) To meet mandatory expenditures required by laws
enacted since the last budget was adopted.
The city council by an ordinance approved by threefourths of all its members may appropriate from the emergency fund, or other designated funds, an amount sufficient
[Title 35 RCW—page 130]
to meet the actual necessary expenditures of the city for
which insufficient or no appropriations have been made due
to causes which could not reasonably have been foreseen at
the time of the making of the budget.
An ordinance authorizing an emergency expenditure
shall become effective immediately upon being approved by
the mayor or upon being passed over his veto as provided by
the city charter. [1985 c 175 § 64; 1973 1st ex.s. c 195 §
20; 1967 c 7 § 8.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.32A.070 Utilities—Exemption from budgetary
control. Notwithstanding the provisions of this chapter, the
public utilities owned by a city having a population of over
three hundred thousand supported wholly by revenues derived from sources other than taxation, may make expenditures for utility purposes not contemplated in the annual
budget, as the legislative authority by ordinance shall allow.
[1967 c 7 § 9.]
35.32A.080 Unexpended appropriations—Annual—
Operating and maintenance—Capital and betterment
outlays. The whole or any part of any appropriation
provided in the budget for operating and maintenance
expenses of any department or activity remaining unexpended or unencumbered at the close of the fiscal year shall
automatically lapse, except any such appropriation as the city
council shall continue by ordinance. The whole or any part
of any appropriation provided in the budget for capital or
betterment outlays of any department or activity remaining
unexpended or unencumbered at the close of the fiscal year
shall remain in full force and effect and shall be held
available for the following year, except any such appropriation as the city council by ordinance may have abandoned.
[1967 c 7 § 10.]
35.32A.090 Budget mandatory—Other expenditures
void—Liability of public officials—Penalty. There shall
be no orders, authorizations, allowances, contracts or
payments made or attempted to be made in excess of the
expenditure allowances authorized in the final budget as
adopted or modified as provided in this chapter, and any
such attempted excess expenditure shall be void and shall
never be the foundation of a claim against the city.
Any public official authorizing, auditing, allowing, or
paying any claims or demands against the city in violation
of the provisions of this chapter shall be jointly and severally
liable to the city in person and upon their official bonds to
the extent of any payments upon such claims or demands.
Any person violating any of the provisions of this
chapter, in addition to any other liability or penalty provided
therefor, shall be guilty of a misdemeanor. [1967 c 7 § 11.]
35.32A.900 Short title. This chapter shall be known
and may be cited as the budget act for cities over three
hundred thousand population. [1967 c 7 § 2.]
35.32A.910 Severability—1967 c 7. If any provision
of this act, or its application to any person or circumstance,
is held invalid, the remainder of the act, or the application of
(2002 Ed.)
Budgets in Cities Over 300,000
the provision to other persons or circumstances, is not
affected. [1967 c 7 § 12.]
Chapter 35.33
BUDGETS IN SECOND AND THIRD CLASS
CITIES, TOWNS, AND FIRST CLASS CITIES
UNDER 300,000
Sections
35.33.011
35.33.020
35.33.031
35.33.041
35.33.051
35.33.055
35.33.057
35.33.061
35.33.071
35.33.075
35.33.081
35.33.091
35.33.101
35.33.106
35.33.107
35.33.111
35.33.121
35.33.123
35.33.125
35.33.131
35.33.135
35.33.141
Definitions.
Applicability of chapter.
Budget estimates.
Budget estimates—Classification and segregation.
Budget—Preliminary.
Budget—Preliminary—Filing—Copies.
Budget message—Hearings.
Budget—Notice of hearing on final.
Budget—Final—Hearing.
Budget—Final—Adoption—Appropriations.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency warrants.
Registered warrants—Payment.
Adjustment of wages, hours and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers.
Administration, oversight, or supervision of utility—
Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sale of bonds and warrants—
Expenditure program.
Revenue estimates—Amount to be raised by ad valorem
taxes.
Report of expenditures and liabilities against budget appropriations.
Contingency fund—Creation—Purpose—Support—Lapse.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35.33.145
35.33.147
35.33.151
35.33.170
Budgets
expenditures for streets: RCW 35.76.060.
leases with or without option to purchase, budget to provide for payment
of rentals: RCW 35.42.220.
Limitations upon indebtedness: State Constitution Art. 8 § 6 (Amendment
27), Art. 7 § 2 (Amendments 55, 59), chapter 39.36 RCW, RCW
84.52.050.
35.33.011 Definitions. Unless the context clearly indicates otherwise, the following words as used in this chapter
shall have the meaning herein prescribed:
(1) "Clerk" as used in this chapter includes the officer
performing the functions of a finance or budget director,
comptroller, auditor, or by whatever title he may be known
in any city or town.
(2) "Department" as used in this chapter includes each
office, division, service, system or institution of the city or
town for which no other statutory or charter provision is
made for budgeting and accounting procedures or controls.
(3) "Legislative body" as used in this chapter includes
council, commission or any other group of officials serving
as the legislative body of a city or town.
(4) "Chief administrative officer" as used in this chapter
includes the mayor of cities or towns having a mayor-council
form of government, the commissioners in cities or towns
having a commission form of government, the city manager,
or any other city or town official designated by the charter
or ordinances of such city or town under the plan of govern(2002 Ed.)
35.32A.910
ment governing the same, or the budget or finance officer
designated by the mayor, manager or commissioners, to
perform the functions, or portions thereof, contemplated by
this chapter.
(5) "Fiscal year" as used in this chapter means that
fiscal period set by the city or town pursuant to authority
given under RCW 1.16.030.
(6) "Fund", as used in this chapter and "funds" where
clearly used to indicate the plural of "fund", shall mean the
budgeting or accounting entity authorized to provide a sum
of money for specified activities or purposes.
(7) "Funds" as used in this chapter where not used to
indicate the plural of "fund" shall mean money in hand or
available for expenditure or payment of a debt or obligation.
(8) Except as otherwise defined herein, municipal
accounting terms used in this chapter shall have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1981 c 40 § 1; 1969 ex.s. c 95 § 1.]
35.33.020 Applicability of chapter. The provisions
of this chapter apply to all cities of the first class that have
a population of less than three hundred thousand, to all cities
of the second class, and to all towns, except those cities and
towns that have adopted an ordinance under RCW 35.34.040
providing for a biennial budget. [1997 c 361 § 14; 1985 c
175 § 4; 1969 ex.s. c 95 § 2; 1965 c 7 § 35.33.020. Prior:
1923 c 158 § 8; RRS § 9000-8.]
35.33.031 Budget estimates. On or before the second
Monday of the fourth month prior to the beginning of the
city’s or town’s next fiscal year, or at such other time as the
city or town may provide by ordinance or charter, the clerk
shall notify in writing the head of each department of a city
or town to file with the clerk within fourteen days of the
receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and
of all expenditures required by his or her department for the
ensuing fiscal year. The notice shall be accompanied by the
proper forms provided by the clerk, prepared in accordance
with the requirements and classification established by the
state auditor. The clerk shall prepare the estimates for
interest and debt redemption requirements and all other
estimates, the preparation of which falls properly within the
duties of his or her office. The chief administrative officers
of the city or town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the
proceeds of bonds or warrants not yet authorized, together
with a statement of the proposed method of financing them.
In the absence or disability of the official or person regularly
in charge of a department, the duties herein required shall
devolve upon the person next in charge of such department.
[1995 c 301 § 39; 1969 ex.s. c 95 § 3.]
35.33.041 Budget estimates—Classification and
segregation. All estimates of receipts and expenditures for
the ensuing year shall be fully detailed in the annual budget
and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed
by the state auditor after consultation with the Washington
finance officers association, the association of Washington
[Title 35 RCW—page 131]
35.33.041
Title 35 RCW: Cities and Towns
cities and the association of Washington city managers.
[1995 c 301 § 40; 1969 ex.s. c 95 § 4.]
35.33.051 Budget—Preliminary. On or before the
first business day in the third month prior to the beginning
of the fiscal year of a city or town or at such other time as
the city or town may provide by ordinance or charter, the
clerk or other person designated by the charter, by ordinances, or by the chief administrative officer of the city or
town shall submit to the chief administrative officer a
proposed preliminary budget which shall set forth the
complete financial program of the city or town for the
ensuing fiscal year, showing the expenditure program
requested by each department and the sources of revenue by
which each such program is proposed to be financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last
completed fiscal year, the estimated receipts for the current
fiscal year and the estimated receipts for the ensuing fiscal
year, which shall include the amount to be raised from ad
valorem taxes and unencumbered fund balances estimated to
be available at the close of the current fiscal year.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department
operating within each fund the actual expenditures for the
last completed fiscal year, the appropriations for the current
fiscal year and the estimated expenditures for the ensuing
fiscal year. The salary or salary range for each office,
position or job classification shall be set forth separately
together with the title or position designation thereof:
PROVIDED, That salaries may be set out in total amounts
under each department if a detailed schedule of such salaries
and positions be attached to and made a part of the budget
document. [1969 ex.s. c 95 § 5.]
35.33.055 Budget—Preliminary—Filing—Copies.
The chief administrative officer shall prepare the preliminary
budget in detail, making any revisions or additions to the
reports of the department heads deemed advisable by such
chief administrative officer and at least sixty days before the
beginning of the city’s or town’s next fiscal year he shall file
it with the clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide
a sufficient number of copies of such preliminary budget and
budget message to meet the reasonable demands of taxpayers
therefor and have them available for distribution not later
than six weeks before the beginning of the city’s or town’s
next fiscal year. [1969 ex.s. c 95 § 6.]
35.33.057 Budget message—Hearings. In every city
or town a budget message prepared by or under the direction
of the city’s or town’s chief administrative officer shall be
submitted as a part of the preliminary budget to the city’s or
town’s legislative body at least sixty days before the beginning of the city’s or town’s next fiscal year and shall contain
the following:
(1) An explanation of the budget document;
(2) An outline of the recommended financial policies
and programs of the city for the ensuing fiscal year;
(3) A statement of the relation of the recommended
appropriation to such policies and programs;
[Title 35 RCW—page 132]
(4) A statement of the reason for salient changes from
the previous year in appropriation and revenue items;
(5) An explanation for any recommended major changes
in financial policy.
Prior to the final hearing on the budget, the legislative
body or a committee thereof, shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1969 ex.s. c 95 § 7.]
35.33.061 Budget—Notice of hearing on final.
Immediately following the filing of the preliminary budget
with the clerk, the clerk shall publish a notice once each
week for two consecutive weeks stating that the preliminary
budget for the ensuing fiscal year has been filed with the
clerk; that a copy thereof will be furnished to any taxpayer
who will call at the clerk’s office therefor and that the
legislative body of the city or town will meet on or before
the first Monday of the month next preceding the beginning
of the ensuing fiscal year for the purpose of fixing the final
budget, designating the date, time and place of the legislative
budget meeting and that any taxpayer may appear thereat
and be heard for or against any part of the budget. The
publication of the notice shall be made in the official
newspaper of the city or town. [1985 c 469 § 27; 1973 c 67
§ 2; 1969 ex.s. c 95 § 8.]
35.33.071 Budget—Final—Hearing. The council
shall meet on the day fixed by RCW 35.33.061 for the
purpose of fixing the final budget of the city or town at the
time and place designated in the notice thereof. Any
taxpayer may appear and be heard for or against any part of
the budget. The hearing may be continued from day to day
but not later than the twenty-fifth day prior to commencement of the city’s or town’s fiscal year. [1969 ex.s. c 95 §
9.]
35.33.075
Budget—Final—Adoption—
Appropriations. Following conclusion of the hearing, and
prior to the beginning of the fiscal year, the legislative body
shall make such adjustments and changes as it deems
necessary or proper and after determining the allowance in
each item, department, classification and fund, and shall by
ordinance, adopt the budget in its final form and content.
Appropriations shall be limited to the total estimated
revenues contained therein including the amount to be raised
by ad valorem taxes and the unencumbered fund balances
estimated to be available at the close of the current fiscal
year. Such ordinances may adopt the final budget by
reference: PROVIDED, That the ordinance adopting such
budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and
the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the association of Washington cities. [1995 c
301 § 41; 1969 ex.s. c 95 § 10.]
35.33.081 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate
(2002 Ed.)
Budgets in Second and Third Class Cities, Towns, and First Class Cities Under 300,000
preservation of order or public health, or for the restoration
to a condition of usefulness of any public property which has
been damaged or destroyed by accident, or for public relief
from calamity, or in settlement of approved claims for
personal injuries or property damages, or to meet mandatory
expenditures required by laws enacted since the last annual
budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government
authorized or assumed after adoption of the current budget,
including any expenses incident to selection of additional or
new officials required thereby, or incident to employee
recruitment at any time, the city or town legislative body,
upon the adoption of an ordinance, by the vote of one more
than the majority of all members of the legislative body,
stating the facts constituting the emergency and the estimated
amount required to meet it, may make the expenditures
therefor without notice or hearing. [1969 ex.s. c 95 § 11.]
35.33.091 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the
preliminary budget requires the expenditure of money not
provided for in the annual budget, and if it is not one of the
emergencies specifically enumerated in RCW 35.33.081, the
city or town legislative body before allowing any expenditure therefor shall adopt an ordinance stating the facts
constituting the emergency and the estimated amount
required to meet it and declaring that an emergency exists.
Such ordinance shall not be voted on until five days
have elapsed after its introduction, and for passage shall
require the vote of one more than the majority of all members of the legislative body of the city or town.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1969 ex.s. c 95 § 12.]
35.33.101 Emergency warrants. All expenditures for
emergency purposes as provided in this chapter shall be paid
by warrants from any available money in the fund properly
chargeable with such expenditures. If, at any time, there is
insufficient money on hand in a fund with which to pay such
warrants as presented, the warrants shall be registered, bear
interest and be called in the same manner as other registered
warrants as prescribed in RCW 35.33.111. [1969 ex.s. c 95
§ 13.]
Warrants—Interest rate—Payment: RCW 35.21.320.
35.33.106 Registered warrants—Payment. In
adopting the final budget for any fiscal year, the legislative
body shall appropriate from estimated revenue sources
available, a sufficient amount to pay the principal and
interest on all outstanding registered warrants issued since
the adoption of the last preceding budget except those issued
and identified as revenue warrants and except those for
which an appropriation previously has been made: PROVIDED, That no portion of the revenues which are restricted
in use by law may be appropriated for the redemption of
warrants issued against a utility or other special purpose fund
of a self-supporting nature: PROVIDED FURTHER, That
all or any portion of the city’s or town’s outstanding
(2002 Ed.)
35.33.081
registered warrants may be funded into bonds in any manner
authorized by law. [1969 ex.s. c 95 § 14.]
35.33.107 Adjustment of wages, hours and conditions of employment. Notwithstanding the appropriations
for any salary, or salary range of any employee or employees adopted in a final budget, the legislative body of any city
or town may, by ordinance, change the wages, hours, and
conditions of employment of any or all of its appointive
employees if sufficient funds are available for appropriation
to such purposes. [1969 ex.s. c 95 § 15.]
35.33.111 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install
the forms and classifications required by this chapter to
define what expenditures are chargeable to each budget class
and to establish the accounting and cost systems necessary
to secure accurate budget information. [1995 c 301 § 42;
1969 ex.s. c 95 § 16.]
35.33.121 Funds—Limitations on expenditures—
Transfers. The expenditures as classified and itemized in
the final budget shall constitute the city’s or town’s appropriations for the ensuing fiscal year. Unless otherwise ordered
by a court of competent jurisdiction, and subject to further
limitations imposed by ordinance of the city or town, the
expenditure of city or town funds or the incurring of current
liabilities on behalf of the city or town shall be limited to the
following:
(1) The total amount appropriated for each fund in the
budget for the current fiscal year, without regard to the
individual items contained therein, except that this limitation
shall not apply to wage adjustments authorized by RCW
35.33.107; and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
years pursuant to RCW 35.33.151; and
(3) Funds received from the sale of bonds or warrants
which have been duly authorized according to law; and
(4) Funds received in excess of estimated revenues
during the current fiscal year, when authorized by an
ordinance amending the original budget; and
(5) Expenditures required for emergencies, as authorized
in RCW 35.33.081 and 35.33.091.
Transfers between individual appropriations within any
one fund may be made during the current fiscal year by
order of the city’s or town’s chief administrative officer
subject to such regulations, if any, as may be imposed by the
city or town legislative body. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary,
transfers, as herein authorized, may be made within the same
fund regardless of the various offices, departments or
divisions of the city or town which may be affected.
The city or town legislative body, upon a finding that it
is to the best interests of the city or town to decrease, revoke
or recall all or any portion of the total appropriations
provided for any one fund, may, by ordinance, approved by
the vote of one more than the majority of all members
thereof, stating the facts and findings for doing so, decrease,
revoke or recall all or any portion of an unexpended fund
balance, and by said ordinance, or a subsequent ordinance
[Title 35 RCW—page 133]
35.33.121
Title 35 RCW: Cities and Towns
adopted by a like majority, the moneys thus released may be
reappropriated for another purpose or purposes, without
limitation to department, division or fund, unless the use of
such moneys is otherwise restricted by law, charter, or
ordinance. [1969 ex.s. c 95 § 17.]
35.33.123 Administration, oversight, or supervision
of utility—Reimbursement from utility budget authorized. Whenever any city or town apportions a percentage
of the city manager’s, administrator’s, or supervisor’s time,
or the time of other management or general government
staff, for administration, oversight, or supervision of a utility
operated by the city or town, or to provide services to the
utility, the utility budget may identify such services and
budget for reimbursement of the city’s or town’s current expense fund for the value of such services. [1991 c 152 § 1.]
35.33.125 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city or
town in excess of any budget appropriations shall not be a
liability of the city or town. The clerk shall issue no warrant
and the city or town legislative body or other authorized
person shall approve no claim for an expenditure in excess
of the total amount appropriated for any individual fund,
except upon an order of a court of competent jurisdiction or
for emergencies as provided in this chapter. [1969 ex.s. c 95
§ 18.]
35.33.131 Funds received from sale of bonds and
warrants—Expenditure program. Moneys received from
the sale of bonds or warrants shall be used for no other
purpose than that for which they were issued and no expenditure shall be made for that purpose until the bonds have
been duly authorized. If any unexpended fund balance
remains from the proceeds realized from the bonds or
warrants after the accomplishment of the purpose for which
they were issued it shall be used for the redemption of such
bond or warrant indebtedness. Where a budget contains an
expenditure program to be financed from a bond issue to be
authorized thereafter, no such expenditure shall be made or
incurred until after the bonds have been duly authorized.
[1969 ex.s. c 95 § 19.]
35.33.135 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s or
town’s ordinance or city charter, not later than the first
Monday in October of each year, the chief administrative
officer shall provide the city’s or town’s legislative body
with current information on estimates of revenues from all
sources as adopted in the budget for the current year,
together with estimates submitted by the clerk under RCW
35.33.051. The city’s or town’s legislative body and the
city’s or town’s administrative officer or his designated
representative shall consider the city’s or town’s total
anticipated financial requirements for the ensuing fiscal year,
and the legislative body shall determine and fix by ordinance
the amount to be raised by ad valorem taxes. Upon adoption
of the ordinance fixing the amount of ad valorem taxes to be
levied, the clerk shall certify the same to the board of county
commissioners as required by RCW 84.52.020. [1969 ex.s.
c 95 § 20.]
[Title 35 RCW—page 134]
35.33.141 Report of expenditures and liabilities
against budget appropriations. At such intervals as may
be required by city charter or city or town ordinance,
however, being not less than quarterly, the clerk shall submit
to the city’s or town’s legislative body and chief administrative officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal year to the first day of the current
reporting period together with the unexpended balance of
each appropriation. The report shall also show the receipts
from all sources. [1969 ex.s. c 95 § 21.]
35.33.145 Contingency fund—Creation—Purpose—
Support—Lapse. Every city or town may create and
maintain a contingency fund to provide moneys with which
to meet any municipal expense, the necessity or extent of
which could not have been foreseen or reasonably evaluated
at the time of adopting the annual budget, or from which to
provide moneys for those emergencies described in RCW
35.33.081 and 35.33.091. Such fund may be supported by
a budget appropriation from any tax or other revenue source
not restricted in use by law, or also may be supported by a
transfer from other unexpended or decreased funds made
available by ordinance as set forth in RCW 35.33.121:
PROVIDED, That the total amount accumulated in such fund
at any time shall not exceed the equivalent of thirty-seven
and one-half cents per thousand dollars of assessed valuation
of property within the city or town at such time. Any
moneys in the contingency fund at the end of the fiscal year
shall not lapse except upon reappropriation by the council to
another fund in the adoption of a subsequent budget. [1973
1st ex.s. c 195 § 21; 1969 ex.s. c 95 § 22.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
35.33.147 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by
a resolution or ordinance of the legislative body of the city
or town, adopted by a majority vote of the entire legislative
body, clearly stating the facts constituting the reason for the
withdrawal or the emergency as the case may be, specifying
the fund to which the withdrawn money shall be transferred.
[1969 ex.s. c 95 § 23.]
35.33.151 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of
each fiscal year: PROVIDED, That this shall not prevent
payments in the following year upon uncompleted programs
or improvements in progress or on orders subsequently filled
or claims subsequently billed for the purchase of material,
equipment and supplies or for personal or contractual
services not completed or furnished by the end of the fiscal
year, all of which have been properly budgeted and contracted for prior to the close of such fiscal year but furnished or
completed in due course thereafter.
All appropriations in a special fund authorized by
ordinance or by state law to be used only for the purpose or
purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for
(2002 Ed.)
Budgets in Second and Third Class Cities, Towns, and First Class Cities Under 300,000
any municipal purpose or purposes, or a contingency fund as
authorized by RCW 35.33.145, shall not lapse, but shall be
carried forward from year to year until fully expended or the
purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal year
shall be kept open for twenty days after the close of such
fiscal year for the purpose of paying and recording claims
for indebtedness incurred during such fiscal year; any claim
presented after the twentieth day following the close of the
fiscal year shall be paid from appropriations lawfully
provided for the ensuing period, including those made
available by provisions of this section, and shall be recorded
in the accounts for the ensuing fiscal year. [1969 ex.s. c 95
§ 24.]
35.33.170 Violations and penalties. Upon the
conviction of any city or town official, department head or
other city or town employee of knowingly failing, or
refusing, without just cause, to perform any duty imposed
upon such officer or employee by this chapter, or city
charter or city or town ordinance, in connection with the
giving of notice, the preparing and filing of estimates of
revenues or expenditures or other information required for
preparing a budget report in the time and manner required,
or of knowingly making expenditures in excess of budget
appropriations, he shall be guilty of a misdemeanor and shall
be fined not more than five hundred dollars for each separate
violation. [1969 ex.s. c 95 § 25.]
Chapter 35.34
BIENNIAL BUDGETS
Sections
35.34.010
35.34.020
35.34.030
35.34.040
35.34.050
35.34.060
35.34.070
35.34.080
35.34.090
35.34.100
35.34.110
35.34.120
35.34.130
35.34.140
35.34.150
35.34.160
35.34.170
35.34.180
35.34.190
35.34.200
35.34.205
35.34.210
35.34.220
35.34.230
35.34.240
35.34.250
35.34.260
35.34.270
35.34.280
(2002 Ed.)
Legislative intent.
Application of chapter.
Definitions.
Biennial budget authorized—Limitations.
Budget estimates—Submittal.
Budget estimates—Classification and segregation.
Proposed preliminary budget.
Preliminary budget.
Budget message—Hearings.
Budget—Notice of hearing.
Budget—Hearing.
Budget—Adoption.
Budget—Mid-biennial review and modification.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payment.
Registered warrants—Payment.
Adjustment of wages, hours, and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—
Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sales of bonds and warrants—
Expenditures.
Revenue estimates—Amount to be raised by ad valorem
taxes.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35.33.151
35.34.010 Legislative intent. The legislature hereby
recognizes that the development and adoption of a budget by
a city or town is a lengthy and intense process designed to
provide adequate opportunities for public input and sufficient
time for deliberation and enactment by the legislative
authority. The legislature also recognizes that there are
limited amounts of time available and that time committed
for budgetary action reduces opportunities for deliberating
other issues. It is, therefore, the intent of the legislature to
authorize cities and towns to establish by ordinance a
biennial budget and to provide the means for modification of
such budget. This chapter and chapter 35A.34 RCW shall
be known as the municipal biennial budget act. [1985 c 175
§ 1.]
35.34.020 Application of chapter. This chapter
applies to all cities of the first and second classes and to all
towns, that have by ordinance adopted this chapter authorizing the adoption of a fiscal biennium budget. [1997 c 361
§ 15; 1985 c 175 § 5.]
35.34.030 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Clerk" includes the officer performing the functions
of a finance or budget director, comptroller, auditor, or by
whatever title the officer may be known in any city or town.
However, for cities over three hundred thousand, "clerk"
means the budget director as authorized under RCW
35.32A.020.
(2) "Department" includes each office, division, service,
system, or institution of the city or town for which no other
statutory or charter provision is made for budgeting and
accounting procedures or controls.
(3) "Legislative body" includes the council, commission,
or any other group of officials serving as the legislative body
of a city or town.
(4) "Chief administrative officer" includes the mayor of
cities or towns having a mayor-council form of government,
the commissioners in cities or towns having a commission
form of government, the manager, or any other city or town
official designated by the charter or ordinances of such city
or town under the plan of government governing the same,
or the budget or finance officer designated by the mayor,
manager, or commissioners, to perform the functions, or
portions thereof, contemplated by this chapter.
(5) "Fiscal biennium" means the period from January 1
of each odd-numbered year through December 31 of the next
succeeding even-numbered year.
(6) "Fund" and "funds" where clearly used to indicate
the plural of "fund" means the budgeting or accounting entity
authorized to provide a sum of money for specified activities
or purposes.
(7) "Funds" where not used to indicate the plural of
"fund" means money in hand or available for expenditure or
payment of a debt or obligation.
(8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1985 c 175 § 6.]
"Fiscal biennium" defined: RCW 1.16.020.
[Title 35 RCW—page 135]
35.34.040
Title 35 RCW: Cities and Towns
35.34.040 Biennial budget authorized—Limitations.
All first and second class cities and towns are authorized to
establish by ordinance a two-year fiscal biennium budget.
The ordinance shall be enacted at least six months prior to
commencement of the fiscal biennium and this chapter
applies to all cities and towns which utilize a fiscal biennium
budget. Cities and towns which establish a fiscal biennium
budget are authorized to repeal such ordinance and provide
for reversion to a fiscal year budget. The ordinance may
only be repealed effective as of the conclusion of a fiscal
biennium. However, the city or town shall comply with
chapter 35.32A or 35.33 RCW, whichever the case may be,
in developing and adopting the budget for the first fiscal
year following repeal of the ordinance. [1994 c 81 § 56;
1985 c 175 § 7.]
35.34.050 Budget estimates—Submittal. On or
before the second Monday of the fourth month prior to the
beginning of the city’s or town’s next fiscal biennium, or at
such other time as the city or town may provide by ordinance or charter, the clerk shall notify in writing the head of
each department of a city or town to file with the clerk
within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other
than ad valorem taxation and of all expenditures required by
the department for the ensuing fiscal biennium. The notice
shall be accompanied by the proper forms provided by the
clerk, prepared in accordance with the requirements and
classification established by the state auditor. The clerk shall
prepare the estimates for interest and debt redemption
requirements and all other estimates, the preparation of
which falls properly within the duties of the clerk’s office.
The chief administrative officers of the city or town shall
submit to the clerk detailed estimates of all expenditures
proposed to be financed from the proceeds of bonds or
warrants not yet authorized, together with a statement of the
proposed method of financing them. In the absence or
disability of the official or person regularly in charge of a
department, the duties required by this section shall devolve
upon the person next in charge of such department. [1995
c 301 § 43; 1985 c 175 § 8.]
35.34.060 Budget estimates—Classification and
segregation. All estimates of receipts and expenditures for
the ensuing fiscal biennium shall be fully detailed in the
biennial budget and shall be classified and segregated
according to a standard classification of accounts to be
adopted and prescribed by the state auditor after consultation
with the Washington finance officers association, the
association of Washington cities, and the association of
Washington city managers. [1995 c 301 § 44; 1985 c 175
§ 9.]
35.34.070 Proposed preliminary budget. On or
before the first business day in the third month prior to the
beginning of the biennium of a city or town or at such other
time as the city or town may provide by ordinance or charter, the clerk or other person designated by the charter, by
ordinances, or by the chief administrative officer of the city
or town shall submit to the chief administrative officer a
proposed preliminary budget which shall set forth the
[Title 35 RCW—page 136]
complete financial program of the city or town for the
ensuing fiscal biennium, showing the expenditure program
requested by each department and the sources of revenue by
which each such program is proposed to be financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last
completed fiscal biennium, the estimated receipts for the
current fiscal biennium, and the estimated receipts for the
ensuing fiscal biennium, which shall include the amount to
be raised from ad valorem taxes and unencumbered fund
balances estimated to be available at the close of the current
fiscal biennium. However, if the city or town was not
utilizing a fiscal biennium budget for the previous three
years, it shall set forth its fiscal years’ revenues to reflect
actual and estimated receipts as if it had previously utilized
a biennial budgetary process.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department
operating within each fund the actual expenditures for the
last completed fiscal biennium, the appropriations for the
current fiscal biennium, and the estimated expenditures for
the ensuing fiscal biennium. However, if the city or town
was not utilizing a fiscal biennium budget for the previous
three years, it shall set forth its fiscal years’ expenditures to
reflect actual and estimated levels as if it had previously
utilized a biennial budgetary process. The expenditure
section shall further set forth separately the salary or salary
range for each office, position, or job classification together
with the title or position designation thereof. However, salaries may be set out in total amounts under each department
if a detailed schedule of such salaries and positions be
attached and made a part of the budget document. [1985 c
175 § 10.]
35.34.080 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or additions to the reports of the
department heads deemed advisable by such chief administrative officer. At least sixty days before the beginning of
the city’s or town’s next fiscal biennium the chief administrative officer shall file it with the clerk as the recommendation of the chief administrative officer for the final budget.
The clerk shall provide a sufficient number of copies of such
preliminary budget and budget message to meet the reasonable demands of taxpayers therefor and have them available
for distribution not later than six weeks before the beginning
of the city’s or town’s next fiscal biennium. [1985 c 175 §
11.]
35.34.090 Budget message—Hearings. (1) In every
city or town, a budget message prepared by or under the
direction of the city’s or town’s chief administrative officer
shall be submitted as a part of the preliminary budget to the
city’s or town’s legislative body at least sixty days before
the beginning of the city’s or town’s next fiscal biennium
and shall contain the following:
(a) An explanation of the budget document;
(b) An outline of the recommended financial policies
and programs of the city or town for the ensuing fiscal
biennium;
(2002 Ed.)
Biennial Budgets
(c) A statement of the relation of the recommended
appropriation to such policies and programs;
(d) A statement of the reason for salient changes from
the previous biennium in appropriation and revenue items;
and
(e) An explanation for any recommended major changes
in financial policy.
(2) Prior to the final hearing on the budget, the legislative body or a committee thereof shall schedule hearings on
the budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1985 c 175 § 12.]
35.34.100 Budget—Notice of hearing. Immediately
following the filing of the preliminary budget with the clerk,
the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing
fiscal biennium has been filed with the clerk, that a copy
thereof will be made available to any taxpayer who will call
at the clerk’s office therefor, that the legislative body of the
city or town will meet on or before the first Monday of the
month next preceding the beginning of the ensuing fiscal
biennium for the purpose of fixing the final budget, designating the date, time, and place of the legislative budget
meeting, and that any taxpayer may appear thereat and be
heard for or against any part of the budget. The publication
of the notice shall be made in the official newspaper of the
city or town if there is one, otherwise in a newspaper of
general circulation in the city or town. If there is no
newspaper of general circulation in the city or town, then
notice may be made by posting in three public places fixed
by ordinance as the official places for posting the city’s or
town’s official notices. [1985 c 175 § 13.]
35.34.110 Budget—Hearing. The legislative body
shall meet on the day fixed by RCW 35.34.100 for the
purpose of fixing the final budget of the city or town at the
time and place designated in the notice thereof. Any
taxpayer may appear and be heard for or against any part of
the budget. The hearing may be continued from day to day
but not later than the twenty-fifth day prior to commencement of the city’s or town’s fiscal biennium. [1985 c 175 §
14.]
35.34.120 Budget—Adoption. Following conclusion
of the hearing, and prior to the beginning of the fiscal
biennium, the legislative body shall make such adjustments
and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its
final form and content. Appropriations shall be limited to
the total estimated revenues contained therein including the
amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of
the current fiscal biennium. Such ordinances may adopt the
final budget by reference. However, the ordinance adopting
the budget shall set forth in summary form the totals of
estimated revenues and appropriations for each separate fund
and the aggregate totals for all such funds combined.
(2002 Ed.)
35.34.090
A complete copy of the final budget as adopted shall be
transmitted to the state auditor and to the association of
Washington cities. [1995 c 301 § 45; 1985 c 175 § 15.]
35.34.130 Budget—Mid-biennial review and modification. The legislative authority of a city or town having
adopted the provisions of this chapter shall provide by
ordinance for a mid-biennial review and modification of the
biennial budget. The ordinance shall provide that such
review and modification shall occur no sooner than eight
months after the start nor later than conclusion of the first
year of the fiscal biennium. The chief administrative officer
shall prepare the proposed budget modification and shall
provide for publication of notice of hearings consistent with
publication of notices for adoption of other city or town
ordinances. City or town ordinances providing for a midbiennium review and modification shall establish procedures
for distribution of the proposed modification to members of
the city or town legislative authority, procedures for making
copies available to the public, and shall provide for public
hearings on the proposed budget modification. The budget
modification shall be by ordinance approved in the same
manner as are other ordinances of the city or town.
A complete copy of the budget modification as adopted
shall be transmitted to the state auditor and to the association
of Washington cities. [1995 c 301 § 46; 1985 c 175 § 16.]
35.34.140 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate
preservation of order or public health, or for the property
which has been damaged or destroyed by accident, or for
public relief from calamity, or in settlement of approved
claims for personal injuries or property damages, or to meet
mandatory expenditures required by law enacted since the
last budget was adopted, or to cover expenses incident to
preparing for or establishing a new form of government
authorized or assumed after adoption of the current budget,
including any expenses incident to selection of additional or
new officials required thereby, or incident to employee
recruitment at any time, the city or town legislative body,
upon the adoption of an ordinance, by the vote of one more
than the majority of all members of the legislative body,
stating the facts constituting the emergency and the estimated
amount required to meet it, may make the expenditures
therefor without notice or hearing. [1985 c 175 § 17.]
35.34.150 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the
preliminary budget requires the expenditure of money not
provided for in the budget, and if it is not one of the
emergencies specifically enumerated in RCW 35.34.140, the
city or town legislative body before allowing any expenditure therefor shall adopt an ordinance stating the facts
constituting the emergency and the estimated amount required to meet it and declaring that an emergency exists.
The ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
[Title 35 RCW—page 137]
35.34.150
Title 35 RCW: Cities and Towns
the vote of one more than the majority of all members of the
legislative body of the city or town.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1985 c 175 § 18.]
35.34.160 Emergency expenditures—Warrants—
Payment. All expenditures for emergency purposes as
provided in this chapter shall be paid by warrants from any
available money in the fund properly chargeable with such
expenditures. If, at any time, there is insufficient money on
hand in a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be
called in the same manner as other registered warrants as
prescribed in RCW 35.21.320. [1985 c 175 § 19.]
35.34.170 Registered warrants—Payment. In
adopting the final budget for any fiscal biennium, the
legislative body shall appropriate from estimated revenue
sources available, a sufficient amount to pay the principal
and interest on all outstanding registered warrants issued
since the adoption of the last preceding budget except those
issued and identified as revenue warrants and except those
for which an appropriation previously has been made.
However, no portion of the revenues which are restricted in
use by law may be appropriated for the redemption of
warrants issued against a utility or other special purpose fund
of a self-supporting nature. In addition, all or any portion of
the city’s or town’s outstanding registered warrants may be
funded into bonds in any manner authorized by law. [1985
c 175 § 20.]
35.34.180 Adjustment of wages, hours, and conditions of employment. Notwithstanding the appropriations
for any salary or salary range of any employee or employees
adopted in a final budget, the legislative body of any city or
town may, by ordinance, change the wages, hours, and
conditions of employment of any or all of its appointive
employees if sufficient funds are available for appropriation
to such purposes. [1985 c 175 § 21.]
35.34.190 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install
the forms and classifications required by this chapter to
define what expenditures are chargeable to each budget class
and to establish the accounting and cost systems necessary
to secure accurate budget information. [1995 c 301 § 47;
1985 c 175 § 22.]
35.34.200 Funds—Limitations on expenditures—
Transfers and adjustments. (1) The expenditures as
classified and itemized in the final budget shall constitute the
city’s or town’s appropriations for the ensuing fiscal biennium. Unless otherwise ordered by a court of competent
jurisdiction, and subject to further limitations imposed by
ordinance of the city or town, the expenditure of city or
town funds or the incurring of current liabilities on behalf of
the city or town shall be limited to the following:
(a) The total amount appropriated for each fund in the
budget for the current fiscal biennium, without regard to the
individual items contained therein, except that this limitation
[Title 35 RCW—page 138]
does not apply to wage adjustments authorized by RCW
35.34.180;
(b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
periods pursuant to RCW 35.34.270;
(c) Funds received from the sale of bonds or warrants
which have been duly authorized according to law;
(d) Funds received in excess of estimated revenues
during the current fiscal biennium, when authorized by an
ordinance amending the original budget; and
(e) Expenditures authorized by budget modification as
provided by RCW 35.34.130 and those required for emergencies, as authorized by RCW 35.34.140 and 35.34.150.
(2) Transfers between individual appropriations within
any one fund may be made during the current fiscal biennium by order of the city’s or town’s chief administrative
officer subject to such regulations, if any, as may be imposed by the city or town legislative body. Notwithstanding
the provisions of RCW 43.09.210 or of any statute to the
contrary, transfers, as authorized in this section, may be
made within the same fund regardless of the various offices,
departments, or divisions of the city or town which may be
affected.
(3) The city or town legislative body, upon a finding
that it is to the best interests of the city or town to decrease,
revoke, or recall all or any portion of the total appropriations
provided for any one fund, may, by ordinance, approved by
the vote of one more than the majority of all members
thereof, stating the facts and findings for doing so, decrease,
revoke, or recall all or any portion of an unexpended fund
balance, and by said ordinance, or a subsequent ordinance
adopted by a like majority, the moneys thus released may be
reappropriated for another purpose or purposes, without limitation to department, division, or fund, unless the use of such
moneys is otherwise restricted by law, charter, or ordinance.
[1985 c 175 § 23.]
35.34.205 Administration, oversight, or supervision
of utility—Reimbursement from utility budget authorized. Whenever any city or town apportions a percentage
of the city manager’s, administrator’s, or supervisor’s time,
or the time of other management or general government
staff, for administration, oversight, or supervision of a utility
operated by the city or town, or to provide services to the
utility, the utility budget may identify such services and
budget for reimbursement of the city’s or town’s current expense fund for the value of such services. [1991 c 152 § 2.]
35.34.210 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city or
town in excess of any budget appropriations shall not be a
liability of the city or town. The clerk shall issue no warrant
and the city or town legislative body or other authorized
person shall approve no claim for an expenditure in excess
of the total amount appropriated for any individual fund,
except upon an order of a court of competent jurisdiction or
for emergencies as provided in this chapter. [1985 c 175 §
24.]
35.34.220 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
(2002 Ed.)
Biennial Budgets
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly
authorized. If any unexpended fund balance remains from
the proceeds realized from the bonds or warrants after the
accomplishment of the purpose for which they were issued,
it shall be used for the redemption of such bond or warrant
indebtedness. Where a budget contains an expenditure
program to be financed from a bond issue to be authorized
thereafter, no such expenditure shall be made or incurred
until after the bonds have been duly authorized. [1985 c 175
§ 25.]
35.34.230 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s or
town’s ordinance or city charter, not later than the first
Monday in October of the second year of each fiscal
biennium, the chief administrative officer shall provide the
city’s or town’s legislative body with current information on
estimates of revenues from all sources as adopted in the budget for the current biennium, together with estimates submitted by the clerk under RCW 35.34.070. The city’s or town’s
legislative body and the city’s or town’s administrative
officer or the officer’s designated representative shall
consider the city’s or town’s total anticipated financial
requirements for the ensuing fiscal biennium, and the
legislative body shall determine and fix by ordinance the
amount to be raised the first year of the biennium by ad
valorem taxes. The legislative body shall review such
information as is provided by the chief administrative officer
and shall adopt an ordinance establishing the amount to be
raised by ad valorem taxes during the second year of the
biennium. Upon adoption of the ordinance fixing the
amount of ad valorem taxes to be levied, the clerk shall
certify the same to the county legislative authority as
required by RCW 84.52.020. [1985 c 175 § 26.]
35.34.240 Funds—Quarterly report of status. At
such intervals as may be required by city charter or city or
town ordinance, however, being not less than quarterly, the
clerk shall submit to the city’s or town’s legislative body and
chief administrative officer a report showing the expenditures
and liabilities against each separate budget appropriation incurred during the preceding reporting period and like
information for the whole of the current fiscal biennium to
the first day of the current reporting period together with the
unexpended balance of each appropriation. The report shall
also show the receipts from all sources. [1985 c 175 § 27.]
35.34.250 Contingency fund—Creation. Every city
or town may create and maintain a contingency fund to
provide moneys with which to meet any municipal expense,
the necessity or extent of which could not have been
foreseen or reasonably evaluated at the time of adopting the
annual budget, or from which to provide moneys for those
emergencies described in RCW 35.34.140 and 35.34.150.
Such fund may be supported by a budget appropriation from
any tax or other revenue source not restricted in use by law,
or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as
set forth in RCW 35.34.200. However, the total amount
(2002 Ed.)
35.34.220
accumulated in such fund at any time shall not exceed the
equivalent of thirty-seven and one-half cents per thousand
dollars of assessed valuation of property within the city or
town at such time. Any moneys in the emergency fund at
the end of the fiscal biennium shall not lapse except upon
reappropriation by the council to another fund in the adoption of a subsequent budget. [1985 c 175 § 28.]
35.34.260 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by
a resolution or ordinance of the legislative body of the city
or town, adopted by a majority vote of the entire legislative
body, clearly stating the facts constituting the reason for the
withdrawal or the emergency as the case may be, specifying
the fund to which the withdrawn money shall be transferred.
[1985 c 175 § 29.]
35.34.270 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of
each fiscal biennium. However, this shall not prevent
payments in the following biennium upon uncompleted
programs or improvements in progress or on orders subsequently filled or claims subsequently billed for the purchase
of material, equipment, and supplies or for personal or
contractual services not completed or furnished by the end
of the fiscal biennium, all of which have been properly
budgeted and contracted for prior to the close of such fiscal
biennium, but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by
ordinance or by state law to be used only for the purpose or
purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for
any municipal purpose or purposes, or a contingency fund as
authorized by RCW 35.34.250, shall not lapse, but shall be
carried forward from biennium to biennium until fully
expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal
biennium shall be kept open for twenty days after the close
of such fiscal biennium for the purpose of paying and
recording claims for indebtedness incurred during such fiscal
biennium; any claim presented after the twentieth day
following the close of the fiscal biennium shall be paid from
appropriations lawfully provided for the ensuing period,
including those made available by provisions of this section,
and shall be recorded in the accounts for the ensuing fiscal
biennium. [1985 c 175 § 30.]
35.34.280 Violations and penalties. Upon the
conviction of any city or town official, department head, or
other city or town employee of knowingly failing, or
refusing, without just cause, to perform any duty imposed
upon such officer or employee by this chapter, or city
charter or city or town ordinance, in connection with the
giving of notice, the preparing and filing of estimates of
revenues or expenditures or other information required for
preparing a budget report in the time and manner required,
or of knowingly making expenditures in excess of budget
appropriations, the official or employee shall be guilty of a
[Title 35 RCW—page 139]
35.34.280
Title 35 RCW: Cities and Towns
misdemeanor and shall be fined not more than five hundred
dollars for each separate violation. [1985 c 175 § 31.]
felony. [1965 c 7 § 35.36.040. Prior: 1929 c 212 § 6; RRS
§ 9005-10.]
Chapter 35.36
EXECUTION OF BONDS BY PROXY—FIRST
CLASS CITIES
35.36.050 Liability of officer. A mayor, comptroller,
or clerk authorizing the affixing of his signature to a bond
by a proxy shall be subject to the same liability personally
and on his bond for any signature so affixed and to the same
extent as if he had affixed his signature in person. [1965 c
7 § 35.36.050. Prior: 1929 c 212 § 3; RRS § 9005-7.]
Sections
35.36.010
35.36.020
35.36.030
35.36.040
35.36.050
35.36.060
35.36.070
Appointment of proxies.
Coupons—Printing facsimile signatures.
Deputies—Exemptions.
Designation of bonds to be signed.
Liability of officer.
Notice to council.
Revocation of proxy.
35.36.010 Appointment of proxies. The mayor, city
comptroller and city clerk of every city of the first class may
each severally designate one or more bonded persons to affix
his signature to any bond or bonds requiring his signature.
If the signature of one of these officers is affixed to a
bond during his continuance in office by a proxy designated
by him whose authority has not been revoked, the bond shall
be as binding upon the city and all concerned as though the
officer had signed the bond in person.
This chapter shall apply to all bonds, whether they
constitute obligations of the city as a whole or of any local
improvement or other district or subdivision thereof, whether
they call for payment from the general funds of the city or
from a local, special or other fund, and whether negotiable
or otherwise. [1965 c 7 § 35.36.010. Prior: 1929 c 212 §
1; RRS § 9005-5.]
35.36.020 Coupons—Printing facsimile signatures.
A facsimile reproduction of the signature of the mayor, city
comptroller, or city clerk in every city of the first class may
be printed, engraved, or lithographed upon bond coupons
with the same effect as though the particular officer had
signed the coupon in person. [1965 c 7 § 35.36.020. Prior:
1929 c 212 § 4; RRS § 9005-8.]
35.36.030 Deputies—Exemptions. Nothing in this
chapter shall be construed as requiring the appointment of
deputy comptrollers or deputy city clerks in first class cities
to be made in accordance herewith so far as concerns
signatures or other doings which may be lawfully made or
done by such deputy under the provisions of any other law.
[1965 c 7 § 35.36.030. Prior: 1929 c 212 § 5; RRS § 90059.]
35.36.040 Designation of bonds to be signed. The
officer whose duty it is to cause any bonds to be printed,
engraved, or lithographed, shall specify in a written order or
requisition to the printer, engraver, or lithographer the
number of bonds to be printed, engraved, or lithographed
and the manner of numbering them.
Every printer, engraver, or lithographer who prints,
engraves, or lithographs a greater number of bonds than that
specified or who prints, engraves, or lithographs more than
one bond bearing the same number shall be guilty of a
[Title 35 RCW—page 140]
35.36.060 Notice to council. In order to designate a
proxy to affix his signature to bonds, a mayor, comptroller,
or clerk shall address a written notice to the governing body
of the city giving the name of the person whom he has
selected therefor and stating generally or specifically what
bonds are to be so signed.
Attached to or included in the notice shall be a written
signature of the officer making the designation executed by
the proposed proxy followed by the word "by" and his own
signature; or, if the notice so states, the specimen signatures
may consist of a facsimile reproduction of the officer’s
signature impressed by some mechanical process followed by
the word "by" and the proxy’s own signature.
If the authority is intended to include the signature upon
bonds bearing an earlier date than the effective date of the
notice, the prior dated bonds must be specifically described
by reasonable reference thereto.
The notice designating a proxy shall be filed with the
city comptroller or city clerk, together with the specimen
signatures attached thereto and a record of the filing shall be
made in the journal of the governing body. This record shall
note the date and hour of filing and may be made by the
official who keeps the journal at any time after filing of the
notice, even during a period of recess or adjournment of the
governing body. The notice shall be effective from the time
of its recording. [1965 c 7 § 35.36.060. Prior: 1929 c 212
§ 2, part; RRS § 9005-6, part.]
35.36.070 Revocation of proxy. Any designation of
a proxy may be revoked by written notice addressed to the
governing body of the city signed by the officer who made
the designation and filed and recorded in the same manner
as the notice of designation. It shall be effective from the
time of its recording but shall not affect the validity of any
signature theretofore made. [1965 c 7 § 35.36.070. Prior:
1929 c 212 § 2, part; RRS § 9005-6, part.]
Chapter 35.37
FISCAL—CITIES UNDER 20,000 AND CITIES
OTHER THAN FIRST CLASS—BONDS
Sections
35.37.010
35.37.020
35.37.027
35.37.030
35.37.040
35.37.050
35.37.090
35.37.110
35.37.120
Accounting—Funds.
Accounting—Surplus and deficit in utility accounts.
Validation of preexisting obligations by former city.
Applicability of chapter.
Authority to contract debts—Limits.
Excess indebtedness—Authority to contract.
General indebtedness bonds—Issuance and sale.
General indebtedness bonds—Taxation to pay.
General indebtedness bonds—Taxation—Failure to levy—
Remedy.
(2002 Ed.)
Fiscal—Cities Under 20,000 and Cities Other Than First Class—Bonds
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.37.010 Accounting—Funds. Every city and town
having less than twenty thousand inhabitants shall maintain
a current expense fund out of which it must pay current
expenses. It shall also maintain an "indebtedness fund," and
if it has outstanding general indebtedness bonds, it must
maintain a sinking fund therefor. If it maintains waterworks,
lighting plant, cemetery, or other public works or institutions
from which rent or other revenue is derived it must maintain
a separate fund for each utility or institution. All moneys
collected by such cities and towns from licenses shall be
credited to the current expense fund. [1965 c 7 § 35.37.010.
Prior: (i) 1897 c 84 § 1; RRS § 5635. (ii) 1897 c 84 § 2;
RRS § 5636. (iii) 1897 c 84 § 9; RRS § 5643. (iv) 1897 c
84 § 10, part; RRS § 5644, part.]
35.37.020 Accounting—Surplus and deficit in utility
accounts. Any deficit for operation and maintenance of
utilities and institutions owned and controlled by cities and
towns having less than twenty thousand inhabitants, over and
above the revenue therefrom, shall be paid out of the current
expense fund. Any surplus in the waterworks fund, lighting
fund, cemetery fund, or other like funds at the end of the
fiscal year shall be paid into the current expense fund except
such part as the council by a finding entered into the record
of the proceedings may conclude to be necessary for the purpose of:
(1) Extending or repairing the particular utility or
institution; or
(2) Paying interest or principal of any indebtedness
incurred in the construction or purchase of the particular
utility or institution; or
(3) Creating or adding to a sinking fund for the payment
of any indebtedness incurred in the construction or purchase
of the particular utility or institution. [1965 c 7 § 35.37.020.
Prior: 1897 c 84 § 10, part; RRS § 5644, part.]
35.37.027 Validation of preexisting obligations by
former city. All elections for the validation of any debt
created by any city or town which has since become consolidated with any other city or town shall be by ballot, and the
vote shall be taken in the new consolidated city as constituted at the time of the election. [1965 c 7 § 35.37.027. Prior:
1897 c 84 § 12; RRS § 5646.]
Elections: Title 29 RCW.
35.37.030 Applicability of chapter. The provisions
of the remainder of this chapter shall not be applied to cities
of the first class nor to borrowing money and issuing bonds
by any city or town for the purpose of supplying it with
water, artificial light, or sewers if the works for supplying
the water, artificial light, or sewers are to be owned and controlled by the city or town. [1965 c 7 § 35.37.030. Prior:
(i) 1891 c 128 § 10; RRS § 9548. (ii) 1891 c 128 § 11;
RRS § 9549.]
35.37.040 Authority to contract debts—Limits.
Every city and town, may, without a vote of the people,
(2002 Ed.)
Chapter 35.37
contract indebtedness or borrow money for strictly municipal
purposes on the credit of the city or town and issue negotiable bonds therefor in an amount which when added to its
existing nonvoter approved indebtedness will not exceed the
amount of indebtedness authorized by chapter 39.36 RCW,
as now or hereafter amended, to be incurred without the
assent of the voters.
When bonds are issued under this section the ordinance
providing therefor shall contain a statement showing the
value of the taxable property in the city or town, as the term
"value of the taxable property" is defined in RCW 39.36.015,
together with the amount of the existing nonvoter approved
and total indebtedness of the city or town, which indebtedness shall include the amount for which such bonds are
issued. [1984 c 186 § 15; 1970 ex.s. c 42 § 12; 1965 c 7 §
35.37.040. Prior: (i) 1891 c 128 § 1; RRS § 9538. (ii)
1891 c 128 § 6, part; RRS § 9544, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.37.050 Excess indebtedness—Authority to
contract. Every city and town may, when authorized by the
voters of the city or town pursuant to Article VIII, section 6
of the state Constitution at an election held pursuant to RCW
39.36.050, contract indebtedness or borrow money for
strictly municipal purposes on the credit of the city or town
and issue negotiable bonds therefor in an amount which
when added to its existing indebtedness will exceed the
amount of indebtedness authorized by chapter 39.36 RCW,
as now or hereafter amended, to be incurred without the
assent of the voters but will not exceed the amounts of
indebtedness authorized by chapter 39.36 RCW, as now or
hereafter amended, to be incurred with the assent of the voters. [1984 c 186 § 16; 1965 c 7 § 35.37.050. Prior: (i)
1891 c 128 § 2; RRS § 9539. (ii) 1891 c 128 § 4, part;
RRS § 9542, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Validation—1969 ex.s. c 191: "Any city or town, which has prior to
the effective date of this act [April 25, 1969], submitted to the voters
thereof for their ratification or rejection the proposition of incurring
indebtedness by the issuance of negotiable bonds in an amount when added
to its existing indebtedness will exceed the amount of indebtedness
authorized to be incurred without the assent of the voters, but will not
exceed the amount of indebtedness authorized by chapter 39.36 RCW, as
now or hereafter amended, to be incurred with the assent of the voters, may
incur such indebtedness and issue such bonds even though the amount of
money desired to be borrowed and the amount of negotiable bonds to be
issued therefor were stated in a resolution adopted by the city or town
council submitting such proposition to the voters, instead of in an ordinance
passed by such council, if all other requirements of law, including, but not
limited to the other provisions of RCW 35.37.050 are complied with."
[1969 ex.s. c 191 § 1.]
35.37.090 General indebtedness bonds—Issuance
and sale. All general indebtedness bonds shall be issued
and sold in accordance with chapter 39.46 RCW. [1984 c
186 § 17; 1983 c 167 § 36; 1965 c 7 § 35.37.090. Prior: (i)
1891 c 128 § 5, part; RRS § 9543, part. (ii) 1891 c 128 §
6, part; RRS § 9544, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
[Title 35 RCW—page 141]
35.37.090
Title 35 RCW: Cities and Towns
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.37.110 General indebtedness bonds—Taxation to
pay. So long as any general indebtedness bonds are
outstanding an amount sufficient to pay the interest upon
them as it accrues shall be included in each annual levy for
municipal purposes and a sufficient amount shall be included
in each annual levy for payment of principal so that all
bonds may be paid serially as they mature. [1965 c 7 §
35.37.110. Prior: 1891 c 128 § 8; RRS § 9546.]
35.37.120 General indebtedness bonds—Taxation—
Failure to levy—Remedy. If the council of any city or
town which has issued general indebtedness bonds fails to
make any levy necessary to make principal or interest
payments due on the bonds, the owner of any bond or
interest payment which has been presented to the treasurer
and payment thereof refused because of the failure to make
a levy may file the bond together with any unpaid coupons
with the county auditor, taking his receipt therefor.
The county auditor shall register bonds so filed, and the
county legislative authority at its next session at which it
levies the annual county tax shall add to the city’s or town’s
levy a sum sufficient to realize the amount of principal and
interest past due and to become due prior to the next annual
levy to be collected and held by the county treasurer and
paid out only upon warrants drawn by the county auditor as
the payments mature in favor of the owner of the bond as
shown by the auditor’s register. Similar levies shall be made
in each succeeding year until the bonds and any coupons or
interest payments are fully satisfied.
This remedy is alternative and in addition to any other
remedy which the owner of such a bond or coupon may
have. [1983 c 167 § 38; 1965 c 7 § 35.37.120. Prior: 1891
c 128 § 9; RRS § 9547.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Chapter 35.38
FISCAL—DEPOSITARIES
Sections
35.38.010
35.38.040
35.38.050
35.38.055
Designation of depositaries.
Segregation of collateral.
Treasurer’s official bond not affected.
City official as officer, employee or stockholder of depositary.
35.38.060 Definition—"Financial institution."
Deposit of public funds: State Constitution Art. 11 § 15.
State fiscal agencies: Chapter 43.80 RCW.
35.38.010 Designation of depositaries. The treasurer
in all cities and towns shall annually at the end of each fiscal
year, or at such other times as may be deemed necessary,
designate one or more financial institutions which are
qualified public depositaries as set forth by the public
deposit protection commission as depositary or depositaries
for the moneys required to be kept by the treasurer. [1984
c 177 § 1; 1973 c 126 § 1; 1969 ex.s. c 193 § 22; 1965 c 7
§ 35.38.010. Prior: 1905 c 103 § 1; RRS § 5568.]
[Title 35 RCW—page 142]
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Liability of treasurers, public deposits: RCW 39.58.140.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
35.38.040 Segregation of collateral. Before any such
designation shall entitle the treasurer to make deposits in any
financial institution, each financial institution so designated
shall segregate eligible securities as collateral as provided by
RCW 39.58.050 as now or hereafter amended. [1984 c 177
§ 2; 1973 c 126 § 3; 1969 ex.s. c 193 § 25; 1967 c 132 § 6;
1965 c 7 § 35.38.040. Prior: 1945 c 240 § 2; 1935 c 45 §
3; 1931 c 87 § 5; 1909 c 40 § 1; 1907 c 22 § 2; Rem. Supp.
1945 § 5572.]
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
35.38.050 Treasurer’s official bond not affected.
The foregoing provisions of this chapter shall in no way
affect the duty of a city or town treasurer to give bond to the
city or town for the faithful performance of his duties in
such amount as may be fixed by the city or town council or
other governing body by ordinance. [1965 c 7 § 35.38.050.
Prior: (i) 1905 c 103 § 3; RRS § 5570. (ii) 1907 c 22 § 3;
RRS § 5573.]
35.38.055 City official as officer, employee or
stockholder of depositary. Whenever a financial institution
is designated by the treasurer in accordance with the provisions of this chapter, as a depositary for funds to be kept by
the treasurer of such city or town and such financial institution has filed and had approved a contract with such city or
town and complied with chapter 39.58 RCW, such contract
shall not be invalid by reason of any official of the city
being also an officer, employee, or stockholder of such
financial institution. [1984 c 177 § 3; 1965 c 7 § 35.38.055.
Prior: 1955 c 81 § 1.]
35.38.060 Definition—"Financial institution."
"Financial institution," as used in the foregoing provisions of
this chapter, means a branch of a bank engaged in banking
in this state in accordance with RCW 30.04.300, and any
state bank or trust company, national banking association,
stock savings bank, mutual savings bank, or savings and loan
association, which institution is located in this state and
lawfully engaged in business. [1984 c 177 § 4; 1965 c 7 §
35.38.060. Prior: 1907 c 22 § 4; RRS § 5574.]
Chapter 35.39
FISCAL—INVESTMENT OF FUNDS
Sections
35.39.030
35.39.032
35.39.034
35.39.050
35.39.060
35.39.070
Excess or inactive funds—Investment.
Approval of legislative authority—Delegation of authority—
Reports.
Investment by individual fund or commingling of funds—
Investment in United States securities—Validation.
Construction—1965 c 7.
Investment of pension funds.
City retirement system—Registration and custody of securities.
(2002 Ed.)
Fiscal—Investment of Funds
35.39.080
35.39.090
City retirement system—Investment advisory committee.
City retirement system—Investment advisory committee—
Powers and duties.
35.39.100 City retirement system—Investment advisory committee—
Employment of members.
35.39.110 City retirement system—Investment advisory committee—
Liability of members.
Investment of
municipal funds in savings and loan associations by county or other
municipal corporation treasurer: RCW 36.29.020.
public and trust funds in federal agency bonds: Chapter 39.60 RCW.
Municipal revenue bond act: Chapter 35.41 RCW.
35.39.030 Excess or inactive funds—Investment.
Every city and town may invest any portion of the moneys
in its inactive funds or in other funds in excess of current
needs in:
(1) United States bonds;
(2) United States certificates of indebtedness;
(3) Bonds or warrants of this state;
(4) General obligation or utility revenue bonds or
warrants of its own or of any other city or town in the state;
(5) Its own bonds or warrants of a local improvement
district which are within the protection of the local improvement guaranty fund law; and
(6) In any other investments authorized by law for any
other taxing districts. [1975 1st ex.s. c 11 § 1; 1969 ex.s. c
33 § 1; 1965 ex.s. c 46 § 1; 1965 c 7 § 35.39.030. Prior:
1943 c 92 § 1; Rem. Supp. 1943 § 5646-13.]
Effective date—1969 ex.s. c 33: "This 1969 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing political
subdivisions; and shall take effect July 1, 1969." [1969 ex.s. c 33 § 4.]
This applies to RCW 35.39.030 through 35.39.034.
Construction—1965 c 7: See RCW 35.39.050.
35.39.032 Approval of legislative authority—
Delegation of authority—Reports. No investment shall be
made without the approval of the legislative authority of the
city or town expressed by ordinance: PROVIDED, That
except as otherwise provided by law, the legislative authority
may by ordinance authorize a city official or a committee
composed of several city officials to determine the amount
of money available in each fund for investment purposes and
make the investments authorized as indicated in RCW
35.39.030 as now or hereafter amended and the provisions
of RCW 35.39.034, without the consent of the legislative
authority for each investment. The responsible official or
committee shall make a monthly report of all investment
transactions to the city legislative authority. The legislative
authority of a city or town or city official or committee authorized to invest city or town funds may at any time
convert any of its investment securities, or any part thereof,
into cash. [1969 ex.s. c 33 § 2.]
35.39.034 Investment by individual fund or commingling of funds—Investment in United States securities—Validation. Moneys thus determined available for this
purpose may be invested on an individual fund basis or may,
unless otherwise restricted by law be commingled within one
common investment portfolio for investment. All income
derived from such investment shall be apportioned and used
for the benefit of the various participating funds or for the
(2002 Ed.)
Chapter 35.39
benefit of the general or current expense fund as the governing body of the city of [or] town shall determine by ordinance or resolution: PROVIDED, That funds derived from
the sale of general obligation bonds or revenue bonds or
similar instruments of indebtedness shall be invested, or used
in such manner as the initiating ordinances, resolutions, or
bond covenants may lawfully prescribe.
Any excess or inactive funds on hand in the city
treasury not otherwise invested, or required to be invested by
this section, as now or hereafter amended, may be invested
by the city treasurer in United States government bonds,
notes, bills, certificates of indebtedness, or interim financing
warrants of a local improvement district which is within the
protection of the local improvement guaranty fund law for
the benefit of the general or current expense fund.
All previous or outstanding investments of city or town
funds for the benefit of the city’s or town’s general or
current expense fund which have been or could be made in
accordance with the provisions of this section, as now or
hereafter amended, are declared valid. [1981 c 218 § 1;
1975 1st ex.s. c 11 § 2; 1969 ex.s. c 33 § 3.]
35.39.050 Construction—1965 c 7. RCW 35.39.030
shall be deemed cumulative and not exclusive and shall be
additional to any other power or authority granted any city
or town. [1983 c 3 § 56; 1965 c 7 § 35.39.050. Prior:
1943 c 92 § 3; Rem. Supp. 1943 § 5646-15.]
35.39.060 Investment of pension funds. Any city or
town now or hereafter operating an employees’ pension
system with the approval of the board otherwise responsible
for management of its respective funds may invest, reinvest,
manage, contract, sell, or exchange investments acquired.
Investments shall be made in accordance with investment
policy duly established and published by the board. In
discharging its duties under this section, the board shall act
with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent man acting in
a like capacity and familiar with such matters would use in
the conduct of an enterprise of a like character and with like
aims; shall diversify the investments of the employees’ pension system so as to minimize the risk of large losses; and
shall act in accordance with the documents and instruments
governing the employees’ pension system, insofar as such
documents and instruments are consistent with the provisions
of this title. [1982 c 166 § 1.]
Effective date—1982 c 166: "This act shall take effect July 1, 1982."
[1982 c 166 § 9.]
35.39.070 City retirement system—Registration and
custody of securities. The city treasurer may cause any
securities in which the city retirement system deals to be
registered in the name of a nominee without mention of any
fiduciary relationship, except that adequate records shall be
maintained to identify the actual owner of the security so
registered. The securities so registered shall be held in the
physical custody of the city treasurer, the federal reserve
system, the designee of the city treasurer, or at the election
of the designee and upon approval of the city treasurer, the
Pacific Securities Depository Trust Company Inc. or the
[Title 35 RCW—page 143]
35.39.070
Title 35 RCW: Cities and Towns
Depository Trust Company of New York City or its
designees.
With respect to the securities, the nominee shall act only
on the direction of the retirement board. All rights to the
dividends, interest, and sale proceeds from the securities and
all voting rights of the securities shall be vested in the actual
owners of the securities, and not in the nominee. [1982 c
166 § 2.]
Chapter 35.40
FISCAL—VALIDATION AND FUNDING OF DEBTS
Sections
35.40.030 Ratification and funding after consolidation or annexation.
Funding indebtedness in counties, cities and towns: Chapter 39.52 RCW.
Metropolitan municipal corporations, funding and refunding bonds: RCW
35.58.470.
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.080 City retirement system—Investment
advisory committee. The retirement board of any city
which is responsible for the management of an employees’
retirement system established to provide retirement benefits
for nonpublic safety employees shall appoint an investment
advisory committee consisting of at least three members who
are considered experienced and qualified in the field of
investments. [1982 c 166 § 3.]
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.090 City retirement system—Investment
advisory committee—Powers and duties. In addition to its
other powers and duties, the investment advisory committee
shall:
(1) Make recommendations as to general investment
policies, practices, and procedures to the retirement board;
(2) Review the investment transactions of the retirement
board annually;
(3) Prepare a written report of its activities during each
fiscal year. Each report shall be submitted not more than
thirty days after the end of each fiscal year to the retirement
board and to any other person who has submitted a request
therefor. [1982 c 166 § 4.]
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.100 City retirement system—Investment
advisory committee—Employment of members. No
advisory committee member during the term of appointment
may be employed by any investment brokerage or mortgage
servicing firm doing business with the retirement board.
[1982 c 166 § 5.]
Effective date—1982 c 166: See note following RCW 35.39.060.
35.39.110 City retirement system—Investment
advisory committee—Liability of members. No member
of the investment advisory committee is liable for the negligence, default, or failure of any other person or other
member of the committee to perform the duties of his or her
office, and no member of the committee may be considered
or held to be an insurer of the funds or assets of the retirement system nor shall any member be liable for actions
performed with the exercise of reasonable diligence within
the scope of his or her duly authorized activities as a
member of the committee. [1982 c 166 § 6.]
Effective date—1982 c 166: See note following RCW 35.39.060.
35.40.030 Ratification and funding after consolidation or annexation. If, in any case where any city or town
in this state has been or may hereafter be formed by the
consolidation of two or more cities or towns, or has annexed
or may hereafter annex any new territory, an election shall
be held, in accordance with the Constitution and laws of this
state, for the purpose of submitting to the voters residing
within the former corporate limits of either such former city
or town, or of such city or town prior to such annexation, for
ratification or disapproval, the attempted incurring on the
part of such former city or town or of such city or town
prior to such annexation by the corporate authorities thereof,
of any indebtedness thereof, such consolidated or existing
city or town may submit to all of the voters therein, at the
same or a separate election, any proposition to fund such
indebtedness so sought to be ratified or any part thereof or
any existing indebtedness of such consolidated or existing
city or town, or both. The proposition to ratify any such
indebtedness so previously attempted to be incurred on the
part of either such former city or town, or on the part of
such city or town prior to such annexation, and the proposition to fund the same may be submitted, respectively, to the
voters residing within the corporate limits of such former
city or town or in such city or town prior to such annexation,
and to all the voters in such consolidated city or town,
respectively, in the same or in separate ordinances, as may
be required or permitted by law; but the proposition to fund
shall be the subject of a distinct vote in favor of or against
the same, separate from the vote upon the proposition to
ratify, and separate from the vote upon a proposition to fund
any part of such indebtedness as to which a proposition to
ratify is not submitted. [1965 c 7 § 35.40.030. Prior: 1893
c 58 § 1; RRS § 9556.]
Annexation of unincorporated areas: Chapter 35.13 RCW.
Consolidation including annexation of third class city or town to first class
city: Chapter 35.10 RCW.
Chapter 35.41
FISCAL—MUNICIPAL REVENUE BOND ACT
Sections
35.41.010
35.41.030
35.41.050
35.41.060
35.41.070
35.41.080
35.41.090
35.41.095
35.41.100
35.41.900
[Title 35 RCW—page 144]
Special funds—Authorized—Composition.
Revenue bonds authorized—Form, term, etc.
Revenue warrants.
Sale of revenue bonds and warrants—Contract provisions.
Suit to compel city to pay amount into special fund.
Rates and charges for services, use, or benefits—Waiver of
connection charges for low-income persons.
Rates and charges for services, use or benefits—Costs, expenses, interest may be included.
Revenue bonds for water or sewerage system—Pledge of
utility local improvement district assessments.
Chapter is alternative and additional method.
Short title.
(2002 Ed.)
Fiscal—Municipal Revenue Bond Act
Industrial development revenue bonds: Chapter 39.84 RCW.
Municipal utilities: Chapter 35.92 RCW.
35.41.010 Special funds—Authorized—Composition.
For the purpose of providing funds for defraying all or a
portion of the costs of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction,
development, improvement, extension, repair, maintenance,
or operation of any municipally owned public land, building,
facility, or utility, for which the municipality now has or
hereafter is granted authority to acquire, condemn, develop,
repair, maintain, or operate, the legislative body of any city
or town may authorize, by ordinance, the creation of a special fund or funds into which the city or town shall be
obligated to set aside and pay: Any or all municipal license
fees specified in such ordinance creating such special fund,
and/or any and all revenues derived from any utility or
facility specified in said ordinance creating such special
fund. The ordinance may provide that the city or town shall
be obligated to set aside and pay into a special fund or funds
so created:
(1) A fixed proportion of any revenues or fees, or
(2) A fixed amount of, and not to exceed, a fixed
proportion of any revenues or fees, or
(3) A fixed amount without regard to any fixed proportion of any revenues or fees, or
(4) An amount of such revenues sufficient, together with
any other moneys lawfully pledged to be paid into such fund
or funds, to meet principal and interest requirements and to
accumulate any reserves and additional funds that may be required.
The legislative body may also authorize the creation of
a special fund or funds to defray all or part of the costs of
planning, purchase, condemnation, or other acquisition,
construction, improvement, maintenance or operation of any
public park in, upon or above property used or to be used as
municipally owned off-street parking space and facilities,
whether or not revenues are received or fees charged in the
course of public use of such park. Part or all of the otherwise unpledged revenues, fees or charges arising from
municipal ownership, operation, lease or license of any offstreet parking space and facilities, or arising from municipal
license of any off-street parking space, shall be set aside and
paid into such special fund or funds in accordance with this
section. [1971 ex.s. c 223 § 1; 1967 ex.s. c 144 § 12; 1965
c 7 § 35.41.010. Prior: 1957 c 117 § 1.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Bids for operation of parking space or facilities in or beneath public parks:
RCW 35.86.010.
"Facilities" defined: RCW 35.86.010.
General obligation bonds, use in financing off-street parking space and
facilities: RCW 35.86.020.
35.41.030 Revenue bonds authorized—Form, term,
etc. If the legislative body of a city or town deems it
advisable to purchase, lease, condemn, or otherwise acquire,
construct, develop, improve, extend, or operate any land,
building, facility, or utility, and adopts an ordinance authorizing such purchase, lease, condemnation, acquisition,
construction, development, improvement and to provide
funds for defraying all or a portion of the cost thereof from
(2002 Ed.)
Chapter 35.41
the proceeds of the sale of revenue bonds, and such ordinance has been ratified by the voters of the city or town in
those instances where the original acquisition, construction,
or development of such facility or utility is required to be
ratified by the voters under the provisions of RCW
35.67.030 and 35.92.070, such city or town may issue
revenue bonds against the special fund or funds created solely from revenues. The revenue bonds so issued shall:
(1) Be registered bonds, as provided in RCW 39.46.030,
or bearer bonds;
(2) Be issued in such denominations as determined by
the legislative body of the city or town;
(3) Be numbered from one upwards consecutively;
(4) Bear the date of their issue;
(5) Be serial or term bonds and the final maturity
thereof shall not extend beyond the reasonable life expectancy of the facility or utility;
(6) Bear interest at such rate or rates as authorized by
the legislative body of the city or town, with interest
coupons attached unless such bonds are registered as to
interest, in which no case no interest coupons need be
attached;
(7) Be payable as to principal and interest at such place
or time as may be designated therein;
(8) State upon their face that they are payable from a
special fund, naming it, and the ordinance creating it, and
that they do not constitute a general indebtedness of the city
or town;
(9) Be signed by the mayor and bear the seal of the city
or town and be attested by the clerk: PROVIDED, That the
facsimile signatures of the mayor and clerk may be used
when the ordinance authorizing the issuance of such bonds
provides for the signatures thereof by an authenticating
officer; and
(10) Be printed upon good bond paper: PROVIDED,
That notwithstanding the provisions of this section, such
revenue bonds may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 39; 1971 ex.s. c 223 §
2; 1970 ex.s. c 56 § 34; 1969 ex.s. c 232 § 15; 1965 c 7 §
35.41.030. Prior: 1957 c 117 § 3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
35.41.050 Revenue warrants. (1) Revenue warrants
may be issued and such warrants and interest thereon may be
payable out of the special fund or refunded through the
proceeds of the sale of revenue bonds. Every revenue
warrant and the interest thereon issued against the special
fund shall be a valid claim of the owner thereof only as
against that fund and the amount of revenue pledged to the
fund, and shall not constitute an indebtedness of the city or
town. Every revenue warrant shall state on its face that it is
payable from a special fund, naming it and the ordinance
creating it. Such warrants may be in any form, including
bearer warrants or registered warrants as provided in RCW
39.46.030.
(2) Notwithstanding subsection (1) of this section, such
warrants may be issued and sold in accordance with chapter
[Title 35 RCW—page 145]
35.41.050
Title 35 RCW: Cities and Towns
39.46 RCW. [1983 c 167 § 40; 1965 c 7 § 35.41.050.
Prior: 1957 c 117 § 5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.41.060 Sale of revenue bonds and warrants—
Contract provisions. Revenue bonds and warrants may be
sold by negotiation or by public or private sale in any manner and for any price the legislative body of any city or town
deems to be for the best interest of the city or town. Such
legislative body may provide in any contract, for the construction or acquisition of the proposed facility or utility or
the maintenance and operation thereof, and that payment
therefor shall be made only in revenue bonds and/or warrants
at their par value. [1965 c 7 § 35.41.060. Prior: 1957 c
117 § 6.]
35.41.070 Suit to compel city to pay amount into
special fund. If a city or town fails to set aside and pay
into the special fund created for the payment of revenue
bonds and warrants the amount which it has obligated itself
in the ordinance creating the fund to set aside and pay
therein, the holder of any bond or warrant issued against the
bond may bring suit against the city or town to compel it to
do so. [1965 c 7 § 35.41.070. Prior: 1957 c 117 § 7.]
35.41.080 Rates and charges for services, use, or
benefits—Waiver of connection charges for low-income
persons. (1) The legislative body of any city or town may
provide by ordinance for revenues by fixing rates and
charges for the furnishing of service, use, or benefits to those
to whom service, use, or benefits from such facility or utility
is available, which rates and charges shall be uniform for the
same class of service. The legislative body may waive
connection charges for properties purchased by low-income
persons from organizations exempt from tax under section
501(c)(3) of the federal internal revenue code as amended
prior to July 23, 1995. Waivers of connection charges for
the same class of electric or gas utility service must be
uniformly applied to all qualified property. Nothing in this
subsection (1) authorizes the impairment of a contract.
(2) If revenue bonds or warrants are issued against the
revenues collected under subsection (1) of this section, the
legislative body of the city or town shall fix charges at rates
which will be sufficient, together with any other moneys
lawfully pledged therefor, to provide for the payment of
bonds and warrants, principal and interest, sinking fund
requirements and expenses incidental to the issuance of such
revenue bonds or warrants; in fixing such charges the
legislative body of the city or town may establish rates
sufficient to pay, in addition, the costs of operating and
maintaining such facility or utility. [1995 c 140 § 2; 1971
ex.s. c 223 § 3; 1965 c 7 § 35.41.080. Prior: 1959 c 203 §
1; 1957 c 117 § 8.]
35.41.090 Rates and charges for services, use or
benefits—Costs, expenses, interest may be included. In
setting the rates to be charged for the service, use, or
benefits derived from such facility or utility, or in determining the cost of the planning, acquisition, construction,
reconstruction, development, improvement, extension, repair,
[Title 35 RCW—page 146]
maintenance, or operation thereof the legislative body of the
city or town may include all costs and estimated costs of the
issuance of said bonds, all engineering, inspection, fiscal and
legal expense and interest which it is estimated will accrue
during the construction period and for such period of time
thereafter deemed by the legislative body to be necessary or
desirable on money borrowed, or which it is estimated will
be borrowed in connection therewith. [1971 ex.s. c 223 § 4;
1965 c 7 § 35.41.090. Prior: 1957 c 117 § 9.]
35.41.095 Revenue bonds for water or sewerage
system—Pledge of utility local improvement district
assessments. The legislative body of any city or town may
provide as an additional method for securing the payment of
any such bonds issued to pay the whole or a portion of the
cost of providing the city or town with a system of water or
sewerage as set forth in RCW 35.43.042, that utility local
improvement district assessments authorized to be made for
the purposes and subject to the limitations contained in RCW
35.43.042 may be pledged to secure the payment of such
bonds. [1967 c 52 § 26.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.41.100 Chapter is alternative and additional
method. The authority granted by this chapter shall be
considered an alternative and additional method of issuing
revenue bonds or warrants by cities and towns and no
restriction, limitation, or regulation relative to the issuance
of such bonds contained in any other law shall apply to the
bonds issued hereunder. [1965 c 7 § 35.41.100. Prior:
1957 c 117 § 10.]
35.41.900 Short title. This chapter shall be known as
"the municipal revenue bond act." [1965 c 7 § 35.41.900.
Prior: 1957 c 117 § 11.]
Chapter 35.42
LEASES
Sections
LEASING OF SPACE WITH OPTION
TO PURCHASE—1959 ACT
35.42.010
35.42.020
35.42.030
35.42.040
35.42.050
35.42.060
35.42.070
35.42.080
35.42.090
Purpose.
Building defined.
Authority to lease.
Renewals—Option to purchase.
Provisions to pay taxes, insurance, make repairs, improvements, etc.
Execution of lease prior to construction—Lessor’s bond—
City not obligated for construction costs.
Lease of city land for building purposes and lease back of
building by city.
Lease of city land for building purposes and lease back of
building by city—Bids.
Leases exempted from certain taxes.
LEASES OF REAL OR PERSONAL PROPERTY OR
PROPERTY RIGHTS WITH OR WITHOUT OPTION
TO PURCHASE—1963 ACT
35.42.200
35.42.210
35.42.220
Leases authorized—Ballot proposition.
Exercise of option to purchase.
Budgeting rental payments—Bids—Construction of agreement where rental equals purchase price.
(2002 Ed.)
Leases
35.42.010
LEASING OF SPACE WITH OPTION TO
PURCHASE—1959 ACT
the building shall ever become an obligation of the lessee
city or town. [1965 c 7 § 35.42.060. Prior: 1959 c 80 § 6.]
35.42.010 Purpose. It is the purpose of RCW
35.42.010 through 35.42.090 to supplement existing law for
the leasing of space by cities and towns to provide for the
leasing of such space through leases with an option to
purchase and the acquisition of buildings erected upon land
owned by a city or town upon the expiration of a lease of
such land. [1965 c 7 § 35.42.010. Prior: 1959 c 80 § 1.]
35.42.070 Lease of city land for building purposes
and lease back of building by city. Any city or town
desiring to have a building for its use erected on land owned,
or to be acquired, by it, may, as lessor, lease the land for a
reasonable rental for a term of not to exceed fifty years:
PROVIDED, That the city or town shall lease back the
building or a portion thereof for the same term. The leases
shall contain terms as agreed upon between the parties, and
shall include the following provisions:
(1) No part of the cost of construction of the building
shall ever be or become an obligation of the city or town.
(2) The city or town shall have a prior right to occupy
any or all of the building upon payment of rental as agreed
upon by the parties, which rental shall not exceed prevailing
rates for comparable space.
(3) During any time that all or any portion of the
building is not required for occupancy by the city or town,
the lessee of the land may rent the unneeded portion to
suitable tenants approved by the city or town.
(4) Upon the expiration of the lease, all buildings and
improvements on the land shall become the property of the
city or town. [1965 c 7 § 35.42.070. Prior: 1959 c 80 § 7.]
35.42.020 Building defined. The term "building" as
used in RCW 35.42.010 through 35.42.090 shall be construed to mean any building or buildings used as a part of,
or in connection with, the operation of a city or town, and
shall include the site and appurtenances, including but not
limited to, heating facilities, water supply, sewage disposal,
landscaping, walks, and drives. [1965 c 7 § 35.42.020.
Prior: 1959 c 80 § 2.]
35.42.030 Authority to lease. Any city or town may,
as lessee, lease a building for its use for a term of not to
exceed fifty years. [1965 c 7 § 35.42.030. Prior: 1959 c 80
§ 3.]
35.42.040 Renewals—Option to purchase. A lease
of a building executed pursuant to RCW 35.42.010 through
35.42.090 may grant the lessee city or town an option to
renew for a further term on like conditions, or an option to
purchase the building covered by the lease at any time prior
to the expiration of the term. A lease with an option to
purchase shall provide that all sums paid as rent up to the
time of exercising the option shall be credited toward the
payment of the purchase price as of the date of payment.
No lease shall provide, nor be construed to provide, that any
city or town shall be under any obligation to purchase the
leased building. [1965 c 7 § 35.42.040. Prior: 1959 c 80
§ 4.]
35.42.050 Provisions to pay taxes, insurance, make
repairs, improvements, etc. A lease of a building may
provide that as a part of the rental, the lessee city or town
may pay taxes and assessments on the leased building,
maintain insurance thereon for the benefit of the lessor, and
assume responsibilities for repair, replacement, alterations,
and improvements during the term of the lease. [1965 c 7
§ 35.42.050. Prior: 1959 c 80 § 5.]
35.42.060 Execution of lease prior to construction—
Lessor’s bond—City not obligated for construction costs.
A city or town may, in anticipation of the acquisition of a
site and the construction of a building, execute a lease, as
lessee, prior to the actual acquisition of a site and the
construction of a building, but the lease shall not require
payment of rental by the lessee until the building is ready for
occupancy. The lessor shall furnish a bond satisfactory to
the lessee conditioned on the delivery of possession of the
completed building to the lessee city or town at the time
prescribed in the lease, unavoidable delay excepted. The
lease shall provide that no part of the cost of construction of
(2002 Ed.)
35.42.080 Lease of city land for building purposes
and lease back of building by city—Bids. A lease and
lease back agreement requiring a lessee to build on city or
town property shall be made pursuant to a call for bids upon
terms most advantageous to the city or town. The call for
bids shall be given by posting notice thereof in a public
place in the city or town and by publication in the official
newspaper of the city or town once each week for two
consecutive weeks before the date fixed for opening the bids.
The city council or commission of the city or town may by
resolution reject all bids and make further calls for bids in
the same manner as the original call. If no bid is received
on the first call, the city council or commission may
readvertise and make a second call, or may execute a lease
without any further call for bids. [1985 c 469 § 28; 1965 c
7 § 35.42.080. Prior: 1959 c 80 § 8.]
35.42.090 Leases exempted from certain taxes. All
leases executed pursuant to RCW 35.42.010 through
35.42.090 shall be exempt from the tax imposed by chapter
19, Laws of 1951 second extraordinary session, as amended,
and *chapter 82.45 RCW; section 5, chapter 389, Laws of
1955, and RCW 82.04.040; and section 9, chapter 178, Laws
of 1941, and RCW 82.08.090, and by rules and regulations
of the department of revenue issued pursuant thereto. [1975
1st ex.s. c 278 § 22; 1965 c 7 § 35.42.090. Prior: 1959 c
80 § 9.]
*Reviser’s note: This internal reference has been changed from
chapter 28A.45 RCW to chapter 82.45 RCW in accordance with 1981 c 148
§ 13 and 1981 c 93 § 2. See note following RCW 82.45.010.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
[Title 35 RCW—page 147]
35.42.200
Title 35 RCW: Cities and Towns
LEASES OF REAL OR PERSONAL PROPERTY OR
PROPERTY RIGHTS WITH OR WITHOUT OPTION
TO PURCHASE—1963 ACT
35.42.200 Leases authorized—Ballot proposition.
Any city or town may execute leases for a period of years
with or without an option to purchase with the state or any
of its political subdivisions, with the government of the
United States, or with any private party for the lease of any
real or personal property, or property rights: PROVIDED,
That with respect only to leases that finance the acquisition
of property by the lessee, the aggregated portions of lease
payments over the term of the lease which are allocable to
principal shall constitute debt, which shall not result in a
total indebtedness in excess of one and one-half percent of
the taxable property of such city or town computed in
accordance with RCW 39.36.030, unless a proposition in
regard to whether or not such a lease may be executed is
submitted to the voters for their approval or rejection in the
same manner that bond issues for capital purposes are
submitted, and the voters approve the same. [1990 c 205 §
1; 1965 c 7 § 35.42.200. Prior: 1963 c 170 § 1.]
35.42.210 Exercise of option to purchase. If at the
time an option to purchase is exercised the remaining
amount to be paid in order to purchase the real or personal
property leased after crediting the rental payments toward the
total purchase price therefor does not result in a total
indebtedness in excess of one and one-half percent of the
taxable property of such city or town computed in accordance with RCW 39.36.030, such a city or town may
exercise its option to purchase such property. If such
remaining amount to be paid to purchase such leased
property will result in a total indebtedness in excess of one
and one-half percent of the taxable property of such city or
town, a proposition in regard to whether or not to purchase
the property shall be submitted to the voters for approval or
rejection in the same manner that bond issues for capital
purposes are submitted to the voters. [1965 c 7 § 35.42.210.
Prior: 1963 c 170 § 2.]
35.42.220 Budgeting rental payments—Bids—
Construction of agreement where rental equals purchase
price. The annual budget of a city shall provide for the payment of rental that falls due in the year for which the budget
is applicable: PROVIDED, That if the cost of the real or
personal property to be leased exceeds the amounts specified
in RCW 35.23.352 prior to the execution of a lease with
option to purchase therefor, the city or town shall call for
bids in accordance with RCW 35.23.352: PROVIDED, That
if at the expiration of a lease with option to purchase a city
or town exercises such an option, the fact that the rental
payments theretofore made equal the amount of the purchase
price of the real or personal property involved in such lease
shall not preclude the agreement from being a lease with
option to purchase up to the date of the exercising of the
option. [1965 c 7 § 35.42.220. Prior: 1963 c 170 § 3.]
[Title 35 RCW—page 148]
Chapter 35.43
LOCAL IMPROVEMENTS—AUTHORITY—
INITIATION OF PROCEEDINGS
Sections
35.43.005
Municipal local improvement statutes applicable to public
corporations.
35.43.010 Terms defined.
35.43.020 Construction.
35.43.030 Charters superseded—Application—Ordinances—Districts
outside city authorized.
35.43.035 Creation of district outside city subject to review by boundary review board.
35.43.040 Authority generally.
35.43.042 Authority to establish utility local improvement districts—
Procedure.
35.43.043 Conversion of local improvement district into utility local
improvement district.
35.43.045 Open canals or ditches—Safeguards.
35.43.050 Authority—Noncontinuous improvements.
35.43.060 Consolidated cities—Procedure.
35.43.070 Ordinance—Action on petition or resolution.
35.43.075 Petition for district outside city may be denied.
35.43.080 Ordinance—Creation of district.
35.43.100 Ordinance—Finality—Limitation upon challenging jurisdiction or authority to proceed.
35.43.110 Petition—Mandatory, when.
35.43.120 Petition—Requirements.
35.43.125 Petition—Notice and public hearing required.
35.43.130 Preliminary estimates and assessment roll.
35.43.140 Resolutions—Contents, publication—Hearing, by whom
held.
35.43.150 Resolutions—Hearing upon—Notice.
35.43.180 Restraint by protest.
35.43.182 Waivers of protest—Recording—Limits on enforceability.
35.43.184 Preformation expenditures.
35.43.186 Credits for other assessments.
35.43.188 Assessment reimbursement accounts.
35.43.190 Work—By contract or by city or public corporation.
35.43.200 Street railways at expense of property benefited.
35.43.210 Street railways at expense of property benefited—Petition—
Assessment district.
35.43.220 Street railways at expense of property benefited—
Assessment of cost.
35.43.230 Street railways at expense of property benefited—Procedure.
35.43.250 Deferral of collection of assessments for economically disadvantaged persons—Authorized.
35.43.260 Service fees for sewers not constructed within ten years after
voter approval—Credit against future assessments, service charges.
35.43.270 Sanitary sewer or potable water facilities—Notice to certain
property owners.
35.43.280 Settlement of Indian claims.
Assessment rolls, eminent domain improvements, objections to: RCW
8.12.330.
Assessments
fire protection districts: RCW 52.20.010.
first class cities, special: RCW 35.22.280(10).
local improvements, may be made by: State Constitution Art. 7 § 9.
public utility districts: RCW 54.16.160, 54.16.165.
Authority of cities to levy special taxes for: State Constitution Art. 7 § 9.
Bonds, savings and loan associations may invest in: RCW 33.24.080.
Bridges, elevated, ordinance ordering improvement: RCW 35.85.020.
Curbs along streets, construction, reconstruction and repair: Chapter
35.68 RCW.
Eminent domain: Chapter 8.12 RCW.
First class cities, authority for special assessments: RCW 35.22.280 (10),
(13).
Foreclosure of assessments
curbs and gutter construction and repair: RCW 35.68.070.
sidewalk construction, second class cities: RCW 35.70.090.
sidewalks and driveways across: RCW 35.68.070.
(2002 Ed.)
Local Improvements—Authority—Initiation of Proceedings
Local improvement districts
bridges, elevated: RCW 35.85.020.
metropolitan municipal corporations, effect on: RCW 35.58.500.
roadways, elevated: RCW 35.85.020.
subways: RCW 35.85.050.
tunnels: RCW 35.85.050.
viaducts: RCW 35.85.020.
water rights acquisition: RCW 35.92.220.
Metropolitan park districts, assessment against lands adjoining: RCW
35.61.220.
Parking, off-street facilities: RCW 35.86.020.
Pedestrian malls, financing: RCW 35.71.060.
Prepayment of taxes and assessments: RCW 35.21.650.
Roadways, elevated, ordinance ordering improvement: RCW 35.85.020.
Sanitary fills: Chapter 35.73 RCW.
Second class cities, providing for improvements: RCW 35.23.440(47).
Special assessments: State Constitution Art. 7 § 9.
Streets and alleys
agreements with county: RCW 35.77.020.
county furnishing construction and maintenance: RCW 35.77.020.
county use of road fund: RCW 35.77.030.
establishing grade, procedure: Chapter 35.73 RCW.
Subways, authority to construct: RCW 35.85.050.
Tunnels, authority to construct: RCW 35.85.050.
Unfit dwellings, assessments for: RCW 35.80.030(1)(h).
Viaducts, ordinance ordering improvement: RCW 35.85.020.
Water rights, acquisition of: RCW 35.92.220.
35.43.005 Municipal local improvement statutes
applicable to public corporations. The provisions of this
and the following chapters relating to municipal local
improvements apply to local improvements owned or
operated by a public corporation or by a public corporation
and a city, town, or another public corporation as if they
were owned or operated by a city or town. Whenever a
section in such chapters refers to improvements made by,
ordered by, owned by, operated by, constructed by, acquired
by, or otherwise provided for or undertaken by a city or
town or other municipality, it shall be construed to refer also
to improvements made by, ordered by, owned by, operated
by, constructed by, acquired by, or otherwise provided for or
undertaken by a public corporation. [1987 c 242 § 6.]
Chapter 35.43
to RCW 35.21.730 through 35.21.755. [1987 c 242 § 2;
1965 c 7 § 35.43.010. Prior: 1925 ex.s. c 117 § 2; 1911 c
98 § 68; RRS § 9421.]
Policy—1987 c 242: See note following RCW 35.43.005.
35.43.020 Construction. The rule that statutes in
derogation of the common law are to be strictly construed
shall have no application to this and the following chapters
relating to municipal local improvements but the same shall
be liberally construed for the purpose of carrying out the
objects for which intended. [1965 c 7 § 35.43.020. Prior:
1911 c 98 § 69; RRS § 9422.]
35.43.030 Charters superseded—Application—
Ordinances—Districts outside city authorized. This and
the following chapters relating to municipal local improvements shall supersede the provisions of the charter of any
city of the first class.
They shall apply to all incorporated cities and towns,
including unclassified cities and towns operating under
special charters.
The council of each city and town shall pass such
general ordinance or ordinances as may be necessary to carry
out their provisions and thereafter all proceedings relating to
local improvements shall be conducted in accordance with
this and the following chapters relating to municipal local
improvements and the ordinance or ordinances of such city
or town.
Cities or towns may form local improvement districts or
utility local improvement districts composed entirely or in
part of unincorporated territory outside of such city or
town’s corporate limits in the manner provided in this
chapter. [1971 ex.s. c 116 § 4; 1967 c 52 § 2; 1965 c 7 §
35.43.030. Prior: 1963 c 56 § 1; prior: (i) 1911 c 98 § 60;
1899 c 146 § 1; RRS § 9413. (ii) 1911 c 98 § 67; RRS §
9420. (iii) 1911 c 98 § 71; RRS § 9424.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
Policy—1987 c 242: "It is declared to be the public policy of the
state that public improvements owned and operated by public corporations
that confer special benefits on property, including without limitation
museum, cultural, or arts facilities or structures, should be able to use the
local improvement district financing of municipalities." [1987 c 242 § 1.]
35.43.035 Creation of district outside city subject to
review by boundary review board. The creation of a local
improvement district outside of the boundaries of a city or
town to provide water or sewer facilities may be subject to
potential review by a boundary review board under chapter
36.93 RCW. [1989 c 84 § 30.]
35.43.010 Terms defined. Whenever the words "city
council" or "town council" are used in this and the following
chapters relating to municipal local improvements, they shall
be construed to mean the council or other legislative body of
such city or town. Whenever the word "mayor" is used
therein, it shall be construed to mean the presiding officer of
said city or town. Whenever the words "installment" or
"installments" are used therein, they shall be construed to
include installment or installments of interest. Whenever the
words "local improvement," "local improvements," or
"municipal local improvements" are used therein, they shall
be construed to include improvements owned or operated by
a public corporation or by a public corporation and a city,
town, or another public corporation. Whenever the words
"public corporation" are used therein, they shall mean a
public corporation, commission, or authority created pursuant
35.43.040 Authority generally. Whenever the public
interest or convenience may require, the legislative authority
of any city or town may order the whole or any part of any
local improvement including but not restricted to those, or
any combination thereof, listed below to be constructed,
reconstructed, repaired, or renewed and landscaping including but not restricted to the planting, setting out, cultivating,
maintaining, and renewing of shade or ornamental trees and
shrubbery thereon; may order any and all work to be done
necessary for completion thereof; and may levy and collect
special assessments on property specially benefited thereby
to pay the whole or any part of the expense thereof, viz:
(1) Alleys, avenues, boulevards, lanes, park drives, parkways, parking facilities, public places, public squares, public
streets, their grading, regrading, planking, replanking, paving,
(2002 Ed.)
[Title 35 RCW—page 149]
35.43.040
Title 35 RCW: Cities and Towns
repaving, macadamizing, remacadamizing, graveling,
regraveling, piling, repiling, capping, recapping, or other improvement; if the management and control of park drives,
parkways, and boulevards is vested in a board of park
commissioners, the plans and specifications for their improvement must be approved by the board of park commissioners before their adoption;
(2) Auxiliary water systems;
(3) Auditoriums, field houses, gymnasiums, swimming
pools, or other recreational, playground, museum, cultural,
or arts facilities or structures;
(4) Bridges, culverts, and trestles and approaches
thereto;
(5) Bulkheads and retaining walls;
(6) Dikes and embankments;
(7) Drains, sewers, and sewer appurtenances which as
to trunk sewers shall include as nearly as possible all the
territory which can be drained through the trunk sewer and
subsewers connected thereto;
(8) Escalators or moving sidewalks together with the
expense of operation and maintenance;
(9) Parks and playgrounds;
(10) Sidewalks, curbing, and crosswalks;
(11) Street lighting systems together with the expense of
furnishing electrical energy, maintenance, and operation;
(12) Underground utilities transmission lines;
(13) Water mains, hydrants, and appurtenances which as
to trunk water mains shall include as nearly as possible all
the territory in the zone or district to which water may be
distributed from the trunk water mains through lateral service
and distribution mains and services;
(14) Fences, culverts, syphons, or coverings or any other
feasible safeguards along, in place of, or over open canals or
ditches to protect the public from the hazards thereof;
(15) Roadbeds, trackage, signalization, storage facilities
for rolling stock, overhead and underground wiring, and any
other stationary equipment reasonably necessary for the
operation of an electrified public streetcar line;
(16) Systems of surface, underground, or overhead
railways, tramways, buses, or any other means of local
transportation except taxis, and including passenger, terminal,
station parking, and related facilities and properties, and such
other facilities as may be necessary for passenger and
vehicular access to and from such terminal, station, parking,
and related facilities and properties, together with all lands,
rights of way, property, equipment, and accessories necessary for such systems and facilities;
(17) Convention center facilities or structures in cities
incorporated before January 1, 1982, with a population over
sixty thousand located in a county with a population over
one million, other than the city of Seattle. Assessments for
purposes of convention center facilities or structures may be
levied only to the extent necessary to cover a funding
shortfall that occurs when funds received from special excise
taxes imposed pursuant to chapter 67.28 RCW are insufficient to fund the annual debt service for such facilities or
structures, and may not be levied on property exclusively
maintained as single-family or multifamily permanent
residences whether they are rented, leased, or owner occupied; and
(18) Programs of aquatic plant control, lake or river
restoration, or water quality enhancement. Such programs
[Title 35 RCW—page 150]
shall identify all the area of any lake or river which will be
improved and shall include the adjacent waterfront property
specially benefited by such programs of improvements.
Assessments may be levied only on waterfront property
including any waterfront property owned by the department
of natural resources or any other state agency. Notice of an
assessment on a private leasehold in public property shall
comply with provisions of chapter 79.44 RCW. Programs
under this subsection shall extend for a term of not more
than five years. [1997 c 452 § 16; 1989 c 277 § 1; 1985 c
397 § 1; 1983 c 291 § 1; 1981 c 17 § 1; 1969 ex.s. c 258 §
1; 1965 c 7 § 35.43.040. Prior: 1959 c 75 § 1; 1957 c 144
§ 2; prior: (i) 1911 c 98 § 1; RRS § 9352. (ii) 1945 c 190
§ 1, part; 1915 c 168 § 6, part; 1913 c 131 § 1, part; 1911
c 98 § 6, part; Rem. Supp. 1945 § 9357, part. (iii) 1911 c
98 § 15; RRS § 9367. (iv) 1911 c 98 § 58, part; RRS §
9411, part.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
35.43.042 Authority to establish utility local improvement districts—Procedure. Whenever the legislative
authority of any city or town has provided pursuant to law
for the acquisition, construction, reconstruction, purchase,
condemnation and purchase, addition to, repair, or renewal
of the whole or any portion of a:
(1) System for providing the city or town and the
inhabitants thereof with water, which system includes as a
whole or as a part thereof water mains, hydrants or appurtenances which are authorized subjects for local improvements
under RCW 35.43.040(13) or other law; or a
(2) System for providing the city or town with sewerage
and storm or surface water disposal, which system includes
as a whole or as a part thereof drains, sewers or sewer
appurtenances which are authorized subjects for local improvements under RCW 35.43.040(7) or other law; or
(3) Off-street parking facilities; and
Has further provided in accordance with any applicable
provisions of the Constitution or statutory authority for the
issuance and sale of revenue bonds to pay the cost of all or
a portion of any such system, such legislative authority shall
have the authority to establish utility local improvement
districts, and to levy special assessments on all property specially benefited by any such local improvement to pay in
whole or in part the damages or costs of any local improvements so provided for.
The initiation and formation of such utility local
improvement districts and the levying, collection and
enforcement of assessments shall be in the manner and
subject to the same procedures and limitations as are now or
hereafter provided by law for the initiation and formation of
local improvement districts in cities and towns and the
levying, collection and enforcement of assessments pursuant
thereto.
It must be specified in any petition or resolution
initiating the formation of such a utility local improvement
district in a city or town and in the ordinance ordered
pursuant thereto, that the assessments shall be for the sole
purpose of payment into such revenue bond fund as may be
(2002 Ed.)
Local Improvements—Authority—Initiation of Proceedings
specified by the legislative authority for the payment of
revenue bonds issued to defray the cost of such system or
facilities or any portion thereof as provided for in this
section.
Assessments in any such utility local improvement
district may be made on the basis of special benefits up to
but not in excess of the total cost of the local improvements
portion of any system or facilities payable by issuance of
revenue bonds. No warrants or bonds shall be issued in any
such utility local improvement district, but the collection of
interest and principal on all assessments in such utility local
improvement district, when collected, shall be paid into any
such revenue bond fund.
When in the petition or resolution for establishment of
a local improvement district and in the ordinance ordered
pursuant thereto, it is specified or provided that the assessments shall be for the sole purpose of payment into a
revenue bond fund for the payment of revenue bonds, then
the local improvement district shall be designated a "utility
local improvement district".
The provisions of chapters 35.45, 35.47 and 35.48 RCW
shall have no application to utility local improvement
districts created under authority of this section. [1969 ex.s.
c 258 § 2; 1967 c 52 § 1.]
Construction—1967 c 52: "The authority granted by this 1967
amendatory act shall be considered an alternative and additional method of
securing payment of revenue bonds issued for the purposes specified in
RCW 35.43.042 and shall not be construed as a restriction or limitation
upon any other method for providing for the payment of any such revenue
bonds." [1967 c 52 § 27.]
Severability—1967 c 52: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 c 52 § 29.]
35.43.043 Conversion of local improvement district
into utility local improvement district. The legislative
authority of any city or town may by ordinance convert any
then existing local improvement district into a utility local
improvement district at any time prior to the adoption of an
ordinance approving and confirming the final assessment roll
of such local improvement district. The ordinance so
converting the local improvement district shall provide for
the payment of the special assessments levied in that district
into the special fund established or to be established for the
payment of revenue bonds issued to defray the cost of the
local improvement in that district. [1967 c 52 § 28.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.045 Open canals or ditches—Safeguards.
Every city or town shall have the right of entry upon all
irrigation, drainage, or flood control canal or ditch rights of
way within its limits for all purposes necessary to safeguard
the public from the hazards of such open canals or ditches,
and the right to cause to be constructed, installed, and
maintained upon or adjacent to such rights of way safeguards
as provided in RCW 35.43.040: PROVIDED, That such
safeguards must not unreasonably interfere with maintenance
of the canal or ditch or with the operation thereof. The city
or town, at its option, notwithstanding any laws to the
contrary, may require the irrigation, drainage, flood control,
or other district, agency, person, corporation, or association
(2002 Ed.)
35.43.042
maintaining the canal or ditch to supervise the installation
and construction of such safeguards, or to maintain the same.
If such option is exercised reimbursement must be made by
the city or town for all actual costs thereof. [1965 c 7 §
35.43.045. Prior: 1959 c 75 § 2.]
Safeguarding open canals or ditches, assessments: RCW 35.43.040,
35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400,
87.03.480, 87.03.526.
35.43.050 Authority—Noncontinuous improvements.
When the legislative body of any city or town finds that all
of the property within a local improvement district or utility
local improvement district will be benefited by the improvements as a whole, a local improvement district or utility
local improvement district may include adjoining, vicinal, or
neighboring streets, avenues, and alleys or other improvements even though the improvements thus made are not
connected or continuous. The assessment rates may be
ascertained on the basis of the special benefit of the improvements as a whole to the properties within the entire
local improvement district or utility local improvement district, or on the basis of the benefit of each unit of the
improvements to the properties specially benefited by that
unit, or the assessment rates may be ascertained by a
combination of the two bases. Where no finding is made by
the legislative body as to the benefit of the improvements as
a whole to all of the property within a local improvement
district or utility local improvement district, the cost and
expense of each continuous unit of the improvements shall
be ascertained separately, as near as may be, and the
assessment rates shall be computed on the basis of the cost
and expense of each unit. In the event of the initiation of a
local improvement district authorized by this section or a
utility local improvement district authorized by this section,
the legislative body may, in its discretion, eliminate from the
district any unit of the improvement which is not connected
or continuous and may proceed with the balance of the
improvement within the local improvement district or utility
local improvement district, as fully and completely as though
the eliminated unit had not been included within the improvement district, without the giving of any notices to the
property owners remaining within the district, other than
such notices as are required by the provisions of this chapter
to be given subsequent to such elimination. [1985 c 397 §
2; 1967 c 52 § 3; 1965 c 7 § 35.43.050. Prior: 1957 c 144
§ 14; prior: 1947 c 155 § 1, part; 1941 c 90 § 1, part; 1915
c 168 § 2, part; 1911 c 98 § 13, part; Rem. Supp. 1947 §
9365, part.]
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.060 Consolidated cities—Procedure. The city
council of any city which is composed of two or more cities
or towns which have been or may hereafter be consolidated
may make and pass all resolutions, orders and ordinances
necessary for any assessment where the improvement was
made or was being made by a component city or town prior
to consolidation. [1965 c 7 § 35.43.060. Prior: 1911 c 98
§ 64; RRS § 9417.]
[Title 35 RCW—page 151]
35.43.070
Title 35 RCW: Cities and Towns
35.43.070 Ordinance—Action on petition or resolution. A local improvement may be ordered only by an
ordinance of the city or town council, pursuant to either a
resolution or petition therefor. The ordinance must receive
the affirmative vote of at least a majority of the members of
the council.
Charters of cities of the first class may prescribe further
limitations. In cities and towns other than cities of the first
class, the ordinance must receive the affirmative vote of at
least two-thirds of the members of the council if, prior to its
passage, written objections to its enactment are filed with the
city clerk by or on behalf of the owners of a majority of the
lineal frontage of the improvement and of the area within the
limits of the proposed improvement district. [1965 c 7 §
35.43.070. Prior: (i) 1911 c 98 § 8; RRS § 9359. (ii) 1911
c 98 § 66; RRS § 9419.]
35.43.075 Petition for district outside city may be
denied. Whenever the formation of a local improvement
district or utility local improvement district which lies
entirely or in part outside of a city or town’s corporate limits
is initiated by petition the legislative authority of the city or
town may by a majority vote deny the petition and refuse to
form the local improvement district or utility local improvement district. [1967 c 52 § 4; 1965 c 7 § 35.43.075. Prior:
1963 c 56 § 3.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.080 Ordinance—Creation of district. Every
ordinance ordering a local improvement to be paid in whole
or in part by assessments against the property specially
benefited shall describe the improvement and establish a
local improvement district to be known as "local improvement district No. . . . .," or a utility local improvement
district to be known as "utility local improvement district
No. . . . ." which shall embrace as nearly as practicable all
the property specially benefited by the improvement. [1969
ex.s. c 258 § 3; 1967 c 52 § 5; 1965 c 7 § 35.43.080. Prior:
1957 c 144 § 15; prior: (i) 1947 c 155 § 1, part; 1941 c 90
§ 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem.
Supp. 1947 § 9365, part. (ii) 1929 c 97 § 2; 1911 c 98 §
14; RRS § 9366.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.100 Ordinance—Finality—Limitation upon
challenging jurisdiction or authority to proceed. The
council may continue the hearing upon any petition or
resolution provided for in this chapter and shall retain
jurisdiction thereof until it is finally disposed of. The action
and decision of the council as to all matters passed upon by
it in relation to any petition or resolution shall be final and
conclusive. No lawsuit whatsoever may be maintained
challenging the jurisdiction or authority of the council to
proceed with the improvement and creating the local
improvement district or in any way challenging the validity
thereof or any proceedings relating thereto unless that
lawsuit is served and filed no later than thirty days after the
date of passage of the ordinance ordering the improvement
and creating the district or, when applicable, no later than
[Title 35 RCW—page 152]
thirty days after the expiration of the thirty-day protest
period provided in RCW 35.43.180. [1969 ex.s. c 258 § 4;
1965 c 7 § 35.43.100. Prior: 1911 c 98 § 19; RRS § 9371.]
35.43.110 Petition—Mandatory, when. Proceedings
to establish local improvement districts must be initiated by
petition in the following cases:
(1) Any local improvement payable in whole or in part
by special assessments which includes a charge for the cost
and expense of operation and maintenance of escalators or
moving sidewalks shall be initiated only upon a petition
signed by the owners of two-thirds of the lineal frontage
upon the improvement to be made and two-thirds of the area
within the limits of the proposed improvement district;
(2) If the management of park drives, parkways, and
boulevards of a city has been vested in a board of park
commissioners or similar authority: PROVIDED, That the
proceedings may be initiated by a resolution, if the ordinance
is passed at the request of the park board or similar authority
therefor specifying the particular drives, parkways, or
boulevards, or portions thereof to be improved and the
nature of the improvement. [1981 c 313 § 10; 1965 c 7 §
35.43.110. Prior: 1957 c 144 § 3; prior: (i) 1911 c 98 §
58, part; RRS § 9411, part. (ii) 1945 c 190 § 1, part; 1915
c 168 § 6, part; 1913 c 131 § 1, part; 1911 c 98 § 6, part;
Rem. Supp. 1945 § 9357, part.]
Severability—1981 c 313: See note following RCW 36.94.020.
35.43.120 Petition—Requirements. Any local
improvement may be initiated upon a petition signed by the
owners of property aggregating a majority of the area within
the proposed district. The petition must briefly describe: (1)
The nature of the proposed improvement, (2) the territorial
extent of the proposed improvement, (3) what proportion of
the area within the proposed district is owned by the
petitioners as shown by the records in the office of the
county auditor, and (4) the fact that actual assessments may
vary from assessment estimates so long as they do not
exceed a figure equal to the increased true and fair value the
improvement, or street lighting, adds to the property.
If any of the property within the area of the proposed
district stands in the name of a deceased person, or of any
person for whom a guardian has been appointed and not
discharged, the signature of the executor, administrator, or
guardian, as the case may be, shall be equivalent to the
signature of the owner of the property on the petition. The
petition must be filed with the clerk or with such other
officer as the city or town by charter or ordinance may require. [1989 c 243 § 1; 1981 c 323 § 1; 1969 ex.s. c 258 §
5; 1965 c 7 § 35.43.120. Prior: 1957 c 144 § 6; prior:
1911 c 98 § 9, part; RRS § 9360, part.]
35.43.125 Petition—Notice and public hearing
required. A public hearing shall be held on the creation of
a proposed local improvement district or utility local
improvement district that is initiated by petition. Notice
requirements for this public hearing shall be the same as for
the public hearing on the creation of a proposed local
improvement district or utility local improvement district that
is initiated by resolution. [1987 c 315 § 2.]
(2002 Ed.)
Local Improvements—Authority—Initiation of Proceedings
35.43.130 Preliminary estimates and assessment
roll. Upon the filing of a petition or upon the adoption of
a resolution, as the case may be, initiating a proceeding for
the formation of a local improvement district or utility local
improvement district, the proper board, officer, or authority
designated by charter or ordinance to make the preliminary
estimates and assessment roll shall cause an estimate to be
made of the cost and expense of the proposed improvement
and certify it to the legislative authority of the city or town
together with all papers and information in its possession
touching the proposed improvement, a description of the
boundaries of the district, and a statement of what portion of
the cost and expense of the improvement should be borne by
the property within the proposed district.
If the proceedings were initiated by petition the designated board, officer or authority shall also determine the
sufficiency of the petition and whether the facts set forth
therein are true. If the petition is found to be sufficient and
in all proceedings initiated by resolution of the legislative
authority of the city or town, the estimates must be accompanied by a diagram showing thereon the lots, tracts, and
parcels of land and other property which will be specially
benefited by the proposed improvement and the estimated
amount of the cost and expense thereof to be borne by each
lot, tract, or parcel of land or other property: PROVIDED,
That no such diagram shall be required where such estimates
are on file in the office of the city engineer, or other
designated city office, together with a detailed copy of the
preliminary assessment roll and the plans and assessment
maps of the proposed improvement.
For the purpose of estimating and levying local improvement assessments, the value of property of the United
States, of the state, or of any county, city, town, school
district, or other public corporation whose property is not
assessed for general taxes shall be computed according to the
standards afforded by similarly situated property which is
assessed for general taxes. [1983 c 303 § 1; 1967 c 52 § 6;
1965 c 7 § 35.43.130. Prior: 1957 c 144 § 7; prior: 1953
c 26 § 1. (i) 1911 c 98 § 9, part; RRS § 9360, part. (ii)
1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361, part.
(iii) 1949 c 28 § 1, part; 1931 c 85 § 1, part; 1927 c 109 §
1, part; 1923 c 135 § 1, part; 1921 c 128 § 1, part; 1915 c
168 § 1, part; 1911 c 98 § 12, part; Rem. Supp. 1949 §
9363, part. (iv) 1927 c 209 § 4, part; 1923 c 141 § 4, part;
RRS § 9351-4, part.]
Severability—1983 c 303: See RCW 36.60.905.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.140 Resolutions—Contents, publication—
Hearing, by whom held. Any local improvement to be paid
for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement district may be initiated by a resolution of the city or
town council or other legislative authority of the city or
town, declaring its intention to order the improvement,
setting forth the nature and territorial extent of the improvement, containing a statement that actual assessments may
vary from assessment estimates so long as they do not
exceed a figure equal to the increased true and fair value the
improvement, or street lighting, adds to the property, and
(2002 Ed.)
35.43.130
notifying all persons who may desire to object thereto to
appear and present their objections at a time to be fixed
therein.
In the case of trunk sewers and trunk water mains the
resolution must describe the routes along which the trunk
sewer, subsewer and branches of trunk water main and
laterals are to be constructed.
In case of dikes or other structures to protect the city or
town or any part thereof from overflow or to open, deepen,
straighten, or enlarge watercourses, waterways and other
channels the resolution must set forth the place of commencement and ending thereof and the route to be used.
In the case of auxiliary water systems, or extensions
thereof or additions thereto for protection of the city or town
or any part thereof from fire, the resolution must set forth
the routes along which the auxiliary water system or extensions thereof or additions thereto are to be constructed
and specifications of the structures or works necessary
thereto or forming a part thereof.
The resolution shall be published in at least two
consecutive issues of the official newspaper of the city or
town, the first publication to be at least fifteen days before
the day fixed for the hearing.
The hearing herein required may be held before the city
or town council, or other legislative authority, or before a
committee thereof. The legislative authority of a city or
town may designate an officer to conduct the hearings. The
committee or hearing officer shall report recommendations
on the resolution to the legislative authority for final action.
[1994 c 71 § 2; 1989 c 243 § 2; 1985 c 469 § 29; 1984 c
203 § 1; 1965 c 7 § 35.43.140. Prior: 1957 c 144 § 8;
prior: 1953 c 177 § 1. (i) 1929 c 97 § 1, part; 1911 c 98 §
10, part; RRS § 9361, part. (ii) 1911 c 98 § 16, part; RRS
§ 9368, part. (iii) 1911 c 98 § 17, part; RRS § 9369, part.
(iv) 1911 c 98 § 18, part; RRS § 9370, part.]
Severability—1984 c 203: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 203 § 10.]
35.43.150 Resolutions—Hearing upon—Notice.
Notice of the hearing upon a resolution declaring the
intention of the legislative authority of a city or town to
order an improvement shall be given by mail at least fifteen
days before the day fixed for hearing to the owners or
reputed owners of all lots, tracts, and parcels of land or other
property to be specially benefited by the proposed improvement, as shown on the rolls of the county assessor, directed
to the address thereon shown.
The notice shall set forth the nature of the proposed
improvement, the estimated cost, a statement that actual
assessments may vary from assessment estimates so long as
they do not exceed a figure equal to the increased true and
fair value the improvement, or street lighting, adds to the
property, and the estimated benefits of the particular lot,
tract, or parcel. [1989 c 243 § 3; 1983 c 303 § 2; 1965 c 7
§ 35.43.150. Prior: 1957 c 144 § 9; prior: 1929 c 97 § 1,
part; 1911 c 98 § 10, part; RRS § 9361, part.]
Severability—1983 c 303: See RCW 36.60.905.
35.43.180 Restraint by protest. The jurisdiction of
the legislative authority of a city or town to proceed with
[Title 35 RCW—page 153]
35.43.180
Title 35 RCW: Cities and Towns
any local improvement initiated by resolution shall be
divested by a protest filed with the city or town council
within thirty days from the date of passage of the ordinance
ordering the improvement, signed by the owners of the
property within the proposed local improvement district or
utility local improvement district subject to sixty percent or
more of the total cost of the improvement including federally-owned or other nonassessable property as shown and
determined by the preliminary estimates and assessment roll
of the proposed improvement district or, if all or part of the
local improvement district or utility local improvement
district lies outside of the city or town, such jurisdiction shall
be divested by a protest filed in the same manner and signed
by the owners of property which is within the proposed local
improvement district or utility local improvement district but
outside the boundaries of the city or town, and which is
subject to sixty percent or more of that part of the total cost
of the improvement allocable to property within the proposed
local improvement district or utility local improvement
district but outside the boundaries of the city or town,
including federally-owned or other nonassessable property:
PROVIDED, That such restraint by protest shall not apply
to any of the following local improvements, if the legislative
body finds and recites in the ordinance or resolution authorizing the improvement that such improvement is necessary
for the protection of the public health and safety and such
ordinance or resolution is passed by unanimous vote of all
members present: (1) Sanitary sewers or watermains where
the health officer of the city or town, or department of
ecology, files with the legislative authority a report showing
the necessity for such improvement; and (2) fire hydrants
where the chief of the fire department files a report showing
the necessity for such improvement. [1983 c 303 § 3; 1967
c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180. Prior: 1963
c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1, part; 1931
c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1, part;
1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 § 12,
part; Rem. Supp. 1949 § 9363, part.]
Severability—1983 c 303: See RCW 36.60.905.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.43.182 Waivers of protest—Recording—Limits
on enforceability. If an owner of property enters into an
agreement with a city or town waiving the property owner’s
right under RCW 35.43.180 to protest formation of a local
improvement district, the agreement must specify the
improvements to be financed by the district and shall set
forth the effective term of the agreement, which shall not
exceed ten years. The agreement must be recorded with the
auditor of the county in which the property is located. It is
against public policy and void for an owner, by agreement,
as a condition imposed in connection with proposed property
development, or otherwise, to waive rights to object to the
property owner’s individual assessment (including the
determination of special benefits allocable to the property),
or to appeal to the superior court the decision of the city or
town council affirming the final assessment roll. [1988 c
179 § 8.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
[Title 35 RCW—page 154]
35.43.184 Preformation expenditures. The city or
town engineer or other designated official may contract with
owners of real property to provide for payment by the
owners of the cost of the preparation of engineering plans,
surveys, studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or
in part by a local improvement district (not including the
cost of actual construction of such improvements), that the
owners elect to undertake. The contract may provide for
reimbursement to the owner of such costs from the proceeds
of bonds issued by the district after formation of a district
under this chapter, from assessments paid to the district as
appropriate, or by a credit in the amount of such costs
against future assessments assessed against such property
under the district. Such reimbursement shall be made to the
owner of the property at the time of reimbursement. The
contract shall also provide that such costs shall not be reimbursed to the owner if a district to construct the specified
improvements (as the project may be amended) is not
formed within six years of the date of the contract. The
contract shall provide that any preformation work shall be
conducted only under the direction of the city or town
engineer or other appropriate city or town authority. [1988
c 179 § 9.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.43.186 Credits for other assessments. A city or
town ordering a local improvement upon which special
assessments on property specifically benefited by the improvement are levied and collected, may provide as part of
the ordinance creating the local improvement district that
moneys paid or the cost of facilities constructed by a
property owner in the district in satisfaction of obligations
under chapter 39.92 RCW, shall be credited against assessments due from the owner of such property at the time the
credit is made, if those moneys paid or facilities constructed
directly defray the cost of the specified improvements under
the district and if credit for such amounts is reflected in the
final assessment roll confirmed for the district. [1988 c 179
§ 10.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.43.188 Assessment reimbursement accounts. A
city or town ordering a local improvement upon which
special assessments on property specifically benefitted by the
improvement are levied and collected, may provide as part
of the ordinance creating the local improvement district that
the payment of an assessment levied for the district on
underdeveloped properties may be made by owners of other
properties within the district, if they so elect, subject to
terms of reimbursement set forth in the ordinance. The
terms for reimbursement shall require the owners of underdeveloped properties on whose behalf payments of assessments have been made to reimburse all such assessment
payments to the party who made them when those properties
are developed or redeveloped, together with interest at a rate
specified in the ordinance. The ordinance may provide that
reimbursement shall be made on a one-time, lump sum basis,
(2002 Ed.)
Local Improvements—Authority—Initiation of Proceedings
or may provide that reimbursement shall be made over a
period not to exceed five years. The ordinance may provide
that reimbursement shall be made no later than the time of
dissolution of the district, or may provide that no reimbursement is due if the underdeveloped properties are not developed or redeveloped before the dissolution of the district.
Reimbursement amounts due from underdeveloped properties
under this section are liens upon the underdeveloped properties in the same manner and with like effect as assessments
made under this chapter. For the purposes of this section,
"underdeveloped properties" may include those properties
that, in the discretion of the legislative body of the city or
town, (1) are undeveloped or are not developed to their
highest and best use, and (2) are likely to be developed or
redeveloped before the dissolution of the district. [1988 c
179 § 11.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.43.190 Work—By contract or by city or public
corporation. All local improvements, the funds for the
making of which are derived in whole or in part from assessments upon property specially benefited shall be made by
contract on competitive bids whenever the estimated cost of
such improvement including the cost of materials, supplies,
labor, and equipment will exceed the sum of five thousand
dollars. The city, town, or public corporation may reject any
and all bids. The city, town, or public corporation itself may
make the local improvements if all the bids received exceed
by ten percent preliminary cost estimates prepared by an
independent consulting engineer or registered professional
engineer retained for that purpose by the city, town, or
public corporation. [1987 c 242 § 3; 1971 ex.s. c 116 § 6;
1965 c 7 § 35.43.190. Prior: 1911 c 98 § 59; RRS § 9412.]
Policy—1987 c 242: See note following RCW 35.43.005.
35.43.200 Street railways at expense of property
benefited. Any city or town in this state owning and
operating a municipal street railway over one hundred miles
of track shall have power to provide for purchasing, or
otherwise acquiring, or constructing and equipping surface,
subway and elevated street railways and extensions thereof,
and to levy and collect special assessments on property
specially benefited thereby, for paying the cost and expense
of the same or any portion thereof, as hereinafter provided.
[1965 c 7 § 35.43.200. Prior: 1923 c 176 § 1; RRS § 94251.]
35.43.210 Street railways at expense of property
benefited—Petition—Assessment district. Any improvement district created under RCW 35.43.200-35.43.230 shall
be created only by ordinance defining its boundaries as
specified and described in the petition therefor and specifying the plan or system therein provided for; and shall be
initiated only upon a petition therefor, specifying and
describing the boundaries of such district and specifying the
plan or system of proposed improvement, signed by the
owners of at least sixty percent of the lineal frontage upon
the proposed improvement and of at least fifty percent of the
area within the limits of the proposed improvement district:
PROVIDED, That the city council may in its discretion
(2002 Ed.)
35.43.188
reject any such petition. [1965 c 7 § 35.43.210. Prior:
1923 c 176 § 2; RRS § 9425-2.]
35.43.220 Street railways at expense of property
benefited—Assessment of cost. The cost and expense of
any such improvement shall be distributed and assessed
against all the property included in such local improvement
district, in accordance with the special benefits conferred
thereon. [1965 c 7 § 35.43.220. Prior: 1923 c 176 § 3;
RRS § 9425-3.]
35.43.230 Street railways at expense of property
benefited—Procedure. Except as herein otherwise provided
all matters and proceedings relating to such local improvement district, the levying and collecting of assessments, the
issuance and redemption of local improvement warrants and
bonds, and the enforcement of local assessment liens
hereunder shall be governed by the laws relating to local improvements; and all matters and proceedings relating to the
purchase, acquisition, or construction and equipment of the
improvement and the operation of the same hereunder and
the issuance and redemption of utility bonds and warrants,
if any, and the use of general or utility funds, if any, in
connection with the purchase, acquisition, construction,
equipping, or operation of the improvement shall be governed by the laws relating to municipal public utilities.
[1965 c 7 § 35.43.230. Prior: 1923 c 176 § 4; RRS § 94254.]
35.43.250 Deferral of collection of assessments for
economically disadvantaged persons—Authorized. Any
city of the first class in this state ordering any local improvement upon which shall be levied and collected special
assessments on property specifically benefited thereby may
provide as part of the ordinance creating any local improvement district that the collection of any assessment levied
therefor may be deferred until a time previous to the
dissolution of the district for those economically disadvantaged property owners or other persons who, under the terms
of a recorded contract of purchase, recorded mortgage,
recorded deed of trust transaction or recorded lease are
responsible under penalty of forfeiture, foreclosure or default
as between vendor/vendee, mortgagor/mortgagee, grantor and
trustor/trustee and grantee, and beneficiary and lendor, or
lessor and lessee for the payment of local improvement
district assessments, and in the manner specified in the
ordinance qualify for such deferment, upon assurance of
property security for the payment thereof. [1972 ex.s. c 137
§ 2.]
Severability—1972 ex.s. c 137: See note following RCW 35.49.010.
35.43.260 Service fees for sewers not constructed
within ten years after voter approval—Credit against
future assessments, service charges. Any municipal
corporation, quasi municipal corporation, or political subdivision which has the authority to install sewers by establishing
local improvement districts, which has charged and collected
monthly service fees for sewers, that have been authorized
and approved by the voters and have not been constructed
for a period of ten or more years since the voter approval, is
hereby authorized and directed to grant a credit against the
[Title 35 RCW—page 155]
35.43.260
Title 35 RCW: Cities and Towns
future assessment to be assessed at the time of actual
completion of construction of the sewers for each parcel of
real property in an amount equal in dollars to the total
amount of service fees charged and collected since voter
approval for each such parcel, plus interest at six percent
compounded annually: PROVIDED, That if such service
fees and interest exceed the future assessment for construction of the sewers, such excess funds shall be used to defray
future sewer service charge fees.
It is the intent of the legislature that the provisions of
this section are procedural and remedial and shall have
retroactive effect. [1977 c 72 § 3.]
35.43.270 Sanitary sewer or potable water facilities—Notice to certain property owners. Whenever it is
proposed that a local improvement district or utility local
improvement district finance sanitary sewers or potable water
facilities, additional notice of the public hearing on the
proposed improvement district shall be mailed to the owners
of any property located outside of the proposed improvement
district that would be required as a condition of federal
housing administration loan qualification, at the time of
notice, to be connected to the specific sewer or water
facilities installed by the local improvement district. The
notice shall include information about this restriction. [1987
c 315 § 1.]
35.43.280 Settlement of Indian claims. (1) The
settlement of Indian land and other claims against public and
private property owners is declared to be in the interest of
public health and safety, orderly government, environmental
protection, economic development, and the social well-being
of the citizens of this state, and to specifically benefit the
properties released from those claims.
It is the purpose of chapter 4, Laws of 1989 1st ex.
sess. to encourage the settlement of such Indian land and
other claims lawsuits by permitting the establishment and use
of local improvement districts to finance all or a portion of
the settlement costs of such lawsuits.
(2) A local improvement district may be established by
a local government legislative authority to finance all or part
of the settlement costs in an Indian land and other claims
settlement related to public and private property located
within the local government. The settlement of an Indian
land claim lawsuit shall be deemed to be an improvement
that may be financed in whole or in part through use of a
local improvement district.
Except as expressly provided in this section, all matters
relating to the establishment and operation of such a local
improvement district, the levying and collection of special
assessments, the issuance of local improvement district
bonds and other obligations, and all related matters, shall be
subject to the provisions of chapters 35.43 through 35.54
RCW. The resolution or petition initiating the creation of a
local improvement district used to finance all or a portion of
an Indian land and other claims settlement shall describe the
general nature of the Indian land and other claims and the
proposed settlement. The value of a contribution by any
person, municipal corporation, political subdivision, or the
state of money, real property, or personal property to the
settlement of Indian land and other claims shall be credited
[Title 35 RCW—page 156]
to any assessment for a local improvement district under this
section. [1989 1st ex.s. c 4 § 2.]
Severability—1989 1st ex.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 4 § 4.]
Chapter 35.44
LOCAL IMPROVEMENTS—ASSESSMENTS
AND REASSESSMENTS
Sections
35.44.010
35.44.015
Assessment district—All property to be assessed—Basis.
Special benefit assessments for farm and agricultural land—
Exemption from assessments, etc.
35.44.020 Assessment district—Cost items to be included.
35.44.030 Assessment district—Zones.
35.44.040 Assessment rate per square foot.
35.44.045 Open canals or ditches—Safeguards—Ascertaining assessments.
35.44.047 Other methods of computing assessments may be used.
35.44.050 Assessment roll—Entry of assessments against property.
35.44.060 Assessment roll—Diagram on preliminary survey not conclusive.
35.44.070 Assessment roll—Filing—Hearing, date, by whom held.
35.44.080 Assessment roll—Notice of hearing.
35.44.090 Assessment roll—Notice—Mailing—Publication.
35.44.100 Assessment roll—Hearing—Objections—Authority of council.
35.44.110 Assessment roll—Objections—Timeliness.
35.44.120 Assessment roll—Amendment—Procedure.
35.44.130 City property—Assessment.
35.44.140 County property assessment.
35.44.150 Harbor area leaseholds—Assessment.
35.44.160 Leases on tidelands—Assessment.
35.44.170 Metropolitan park district property—Assessment.
35.44.180 Notices—Mailing—Proof.
35.44.190 Proceedings conclusive—Exceptions—Adjustments to assessments if other funds become available.
35.44.200 Procedure on appeal—Perfecting appeal.
35.44.210 Procedure on appeal—Notice of appeal.
35.44.220 Procedure on appeal—Bond.
35.44.230 Procedure on appeal—Transcript.
35.44.240 Procedure on appeal—Notice of hearing.
35.44.250 Procedure on appeal—Hearing by superior court.
35.44.260 Procedure on appeal—Appellate review.
35.44.270 Procedure on appeal—Certified copy of decision or order.
35.44.280 Reassessments—When authorized.
35.44.290 Reassessments—Basis—Property included.
35.44.300 Reassessments—Irregularities not fatal.
35.44.310 Reassessments—Amount thereof.
35.44.320 Reassessments—Credit for prior payments.
35.44.330 Reassessments—Payment.
35.44.340 Reassessments—Limitation of time for.
35.44.350 Reassessments, assessments on omitted property, supplemental assessments—Provisions governing.
35.44.360 Assessments on omitted property—Authority.
35.44.370 Assessments on omitted property—Resolution—Notice.
35.44.380 Assessments on omitted property—Confirmation ordinance—Collection.
35.44.390 Supplemental assessments—When authorized.
35.44.400 Supplemental assessments—Limitation of time for.
35.44.410 Segregation of assessments.
35.44.420 Property donations—Credit against assessments.
Alternative method of assessment—Classification of property: RCW
35.51.030.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
35.44.010 Assessment district—All property to be
assessed—Basis. All property included within the limits of
(2002 Ed.)
Local Improvements—Assessments and Reassessments
a local improvement district or utility local improvement
district shall be considered to be the property specially
benefited by the local improvement and shall be the property
to be assessed to pay the cost and expense thereof or such
part thereof as may be chargeable against the property
specially benefited. The cost and expense shall be assessed
upon all the property in accordance with the special benefits
conferred thereon. [1985 c 397 § 3; 1967 c 52 § 9; 1965 c
7 § 35.44.010. Prior: 1957 c 144 § 16; prior: 1947 c 155
§ 1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c
98 § 13, part; Rem. Supp. 1947 § 9365, part.]
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.015 Special benefit assessments for farm and
agricultural land—Exemption from assessments, etc. See
RCW 84.34.300 through 84.34.380 and 84.34.922.
35.44.020 Assessment district—Cost items to be
included. There shall be included in the cost and expense
of every local improvement for assessment against the
property in the district created to pay the same, or any part
thereof:
(1) The cost of all of the construction or improvement
authorized for the district including, but not limited to, that
portion of the improvement within the street intersections;
(2) The estimated cost and expense of all engineering
and surveying necessary for the improvement done under the
supervision of the city or town engineer;
(3) The estimated cost and expense of ascertaining the
ownership of the lots or parcels of land included in the
assessment district;
(4) The estimated cost and expense of advertising,
mailing, and publishing all necessary notices;
(5) The estimated cost and expense of accounting,
clerical labor, and of books and blanks extended or used on
the part of the city or town clerk and city or town treasurer
in connection with the improvement;
(6) All cost of the acquisition of rights of way, property,
easements, or other facilities or rights, including without
limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection
with the local improvement, whether by eminent domain,
purchase, gift, payment of connection charges, capacity
charges, or other similar charges or in any other manner;
(7) The cost for legal, financial, and appraisal services
and any other expenses incurred by the city, town, or public
corporation for the district or in the formation thereof, or by
the city, town, or public corporation in connection with such
construction or improvement and in the financing thereof,
including the issuance of any bonds and the cost of providing for increases in the local improvement guaranty fund, or
providing for a separate reserve fund or other security for the
payment of principal of and interest on such bonds.
Any of the costs set forth in this section may be
excluded from the cost and expense to be assessed against
the property in such local improvement district and may be
paid from any other moneys available therefor if the legislative body of the city or town so designates by ordinance at
(2002 Ed.)
35.44.010
any time. [1995 c 382 § 1; 1987 c 242 § 4; 1985 c 397 §
4; 1971 ex.s. c 116 § 8; 1969 ex.s. c 258 § 6; 1965 c 7 §
35.44.020. Prior: 1955 c 364 § 1; 1911 c 98 § 55; RRS §
9408.]
Policy—1987 c 242: See note following RCW 35.43.005.
Authority supplemental—Severability—1985 c 397: See RCW
35.51.900 and 35.51.901.
35.44.030 Assessment district—Zones. For the
purpose of ascertaining the amount to be assessed against
each separate lot, tract, parcel of land or other property
therein, the local improvement district or utility local
improvement district shall be divided into subdivisions or
zones paralleling the margin of the street, avenue, lane, alley,
boulevard, park drive, parkway, public place or public square
to be improved, numbered respectively first, second, third,
fourth, and fifth.
The first subdivision shall include all lands within the
district lying between the street margins and lines drawn
parallel therewith and thirty feet therefrom.
The second subdivision shall include all lands within the
district lying between lines drawn parallel with and thirty
and sixty feet respectively from the street margins.
The third subdivision shall include all lands within the
district lying between lines drawn parallel with and sixty and
ninety feet respectively from the street margins.
The fourth subdivision shall include all lands, if any,
within the district lying between lines drawn parallel with
and ninety and one hundred twenty feet respectively from
the street margins.
The fifth subdivision shall include all lands, if any,
within the district lying between a line drawn parallel with
and one hundred twenty feet from the street margin and the
outer limit of the improvement district. [1967 c 52 § 10;
1965 c 7 § 35.44.030. Prior: 1957 c 144 § 17; prior: 1947
c 155 § 1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part;
1911 c 98 § 13, part; Rem. Supp. 1947 § 9365, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.040 Assessment rate per square foot. The rate
of assessment per square foot in each subdivision of an
improvement district shall be fixed on the basis that the
special benefits conferred on a square foot of land in subdivisions first, second, third, fourth and fifth, respectively, are
related to each other as are the numbers, forty-five, twentyfive, twenty, ten, and five, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in
subdivisions first, second, third, fourth, and fifth, respectively, and the numbers forty-five, twenty-five, twenty, ten, and
five, respectively, shall be ascertained;
(2) The aggregate sum thereof shall be divided into the
total cost and expense of the improvement;
(3) The resultant quotient multiplied by forty-five,
twenty-five, twenty, ten, and five, respectively, shall be the
respective rate of assessment per square foot for subdivisions
first, second, third, fourth and fifth: PROVIDED, That in
lieu of the above formula the rate of assessment per square
foot in each subdivision of an improvement district may be
fixed on the basis that the special benefits conferred on a
[Title 35 RCW—page 157]
35.44.040
Title 35 RCW: Cities and Towns
square foot of land in subdivisions first, second, third, fourth
and fifth, respectively, are related to each other as are the
numbers 0.015000, 0.008333, 0.006666, 0.003333, and
0.001666, respectively; and the method of determining the
assessment on each lot, tract, or parcel of land in the
improvement district may be ascertained in the following
manner:
(1) The products of the number of square feet in
subdivisions first, second, third, fourth and fifth, respectively, for each lot, tract or parcel of land in the improvement
district and the numbers 0.015000, 0.008333, 0.006666,
0.003333 and 0.001666, respectively, shall be ascertained.
The sum of all such products for each such lot, tract or
parcel of land shall be the number of "assessable units of
frontage" therein;
(2) The rate for each assessable unit of frontage shall be
determined by dividing that portion of the total cost of the
improvement representing special benefits by the aggregate
sum of all assessable units of frontage;
(3) The assessment for each lot, tract or parcel of land
in the improvement district shall be the product of the
assessable units of frontage therefor, multiplied by the rate
per assessable unit of frontage. [1965 c 7 § 35.44.040.
Prior: 1957 c 144 § 18; prior: 1947 c 155 § 1, part; 1941
c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13, part;
Rem. Supp. 1947 § 9365, part.]
35.44.045 Open canals or ditches—Safeguards—
Ascertaining assessments. As an alternative to other
methods of ascertaining assessments for local improvements,
in a local improvement district established for safeguarding
open canals or ditches, the district may be sectioned into
subdivisions or zones paralleling the canal or ditch, numbered respectively, first, second, third and fourth. Each
subdivision shall be equal to one-quarter of the width of the
district as measured back from the margin of the canal right
of way. The rate of assessment per square foot in each
subdivision so formed shall be fixed on the basis that the
special benefits conferred on a square foot of land in
subdivisions first, second, third, and fourth, respectively, are
related to each other as are the numbers, forty, thirty, twenty,
and ten, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in
subdivisions first, second, third, and fourth, respectively, and
the numbers forty, thirty, twenty, and ten, respectively, shall
be ascertained;
(2) The aggregate sum thereof shall be divided into the
total cost and expense of the local improvement;
(3) The resultant quotient multiplied by forty, thirty,
twenty, and ten, respectively, shall be the respective rate of
assessment per square foot for each subdivision. [1965 c 7
§ 35.44.045. Prior: 1959 c 75 § 3.]
Safeguarding open canals or ditches, assessments: RCW 35.43.040,
35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400,
87.03.480, 87.03.526.
35.44.047 Other methods of computing assessments
may be used. Notwithstanding the methods of assessment
provided in RCW 35.44.030, 35.44.040 and 35.44.045, the
city or town may use any other method or combination of
methods to compute assessments which may be deemed to
[Title 35 RCW—page 158]
more fairly reflect the special benefits to the properties being
assessed. The failure of the council to specifically recite in
its ordinance ordering the improvement and creating the
local improvement district that it will not use the zone and
termini method of assessment shall not invalidate the use of
any other method or methods of assessment. [1969 ex.s. c
258 § 7.]
35.44.050 Assessment roll—Entry of assessments
against property. The total assessment thus ascertained
against each separate lot, tract, parcel of land, or other
property in the district shall be entered upon the assessment
roll as the amount to be levied and assessed against each
separate lot, tract, parcel of land, or other property. [1965
c 7 § 35.44.050. Prior: 1957 c 144 § 19; prior: 1947 c 155
§ 1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c
98 § 13, part; Rem. Supp. 1947 § 9365, part.]
35.44.060 Assessment roll—Diagram on preliminary
survey not conclusive. The diagram or print directed to be
submitted to the council shall be in the nature of a preliminary determination by the designated administrative board,
officer, or authority upon the method and relative estimated
amounts of assessments to be levied upon the property
specially benefited by the improvement and shall not be
binding or conclusive in any way upon the board, officer, or
authority in the preparation of the assessment roll for the
improvement or upon the council in any hearing affecting
the assessment roll. [1965 c 7 § 35.44.060. Prior: 1911 c
98 § 11; RRS § 9362.]
35.44.070 Assessment roll—Filing—Hearing, date,
by whom held. The assessment roll for local improvements
when prepared as provided by law shall be filed with the
city or town clerk. The council or other legislative authority
shall thereupon fix a date for a hearing thereon before such
legislative authority or may direct that the hearing shall be
held before a committee thereof or the legislative authority
of any city or town may designate an officer to conduct such
hearings. The committee or officer designated shall hold a
hearing on the assessment roll and consider all objections
filed following which the committee or officer shall make
recommendations to such legislative authority which shall
either adopt or reject the recommendations of the committee
or officer. If a hearing is held before such a committee or
officer it shall not be necessary to hold a hearing on the
assessment roll before such legislative authority. A local
ordinance shall provide for an appeal by any person protesting his or her assessment to the legislative authority of a
decision made by such officer. The same procedure may if
so directed by such legislative authority be followed with
respect to any assessment upon the roll which is raised or
changed to include omitted property. Such legislative
authority shall direct the clerk to give notice of the hearing
and of the time and place thereof. [1994 c 71 § 1; 1979
ex.s. c 100 § 1; 1965 c 7 § 35.44.070. Prior: 1953 c 177 §
2; 1929 c 97 § 3, part; 1911 c 98 § 21, part; RRS § 9373,
part.]
35.44.080 Assessment roll—Notice of hearing. The
notice of hearing upon the assessment roll shall specify the
(2002 Ed.)
Local Improvements—Assessments and Reassessments
time and place of hearing and shall notify all persons who
may desire to object thereto:
(1) To make their objections in writing and to file them
with the city or town clerk at or prior to the date fixed for
the hearing;
(2) That at the time and place fixed and at times to
which the hearing may be adjourned, the council will sit as
a board of equalization for the purpose of considering the
roll; and
(3) That at the hearing the council or committee or
officer will consider the objections made and will correct,
revise, raise, lower, change, or modify the roll or any part
thereof or set aside the roll and order the assessment to be
made de novo.
Following the hearing the council shall confirm the roll
by ordinance. [1979 ex.s. c 100 § 2; 1965 c 7 § 35.44.080.
Prior: 1929 c 97 § 3, part; 1911 c 98 § 21, part; RRS §
9373, part.]
35.44.090 Assessment roll—Notice—Mailing—
Publication. At least fifteen days before the date fixed for
hearing, notice thereof shall be mailed to the owner or
reputed owner of the property whose name appears on the
assessment roll, at the address shown on the tax rolls of the
county treasurer for each item of property described on the
list. In addition thereto the notice shall be published at least
once a week for two consecutive weeks in the official
newspaper of the city or town, the last publication to be at
least fifteen days before the date fixed for hearing. [1986 c
278 § 48; 1985 c 469 § 30; 1965 c 7 § 35.44.090. Prior:
1929 c 97 § 3, part; 1911 c 98 § 21, part; RRS § 9373,
part.]
Severability—1986 c 278: See note following RCW 36.01.010.
35.44.100 Assessment roll—Hearing—Objections—
Authority of council. At the time fixed for hearing objections to the confirmation of the assessment roll, and at the
times to which the hearing may be adjourned, the council
may correct, revise, raise, lower, change, or modify the roll
or any part thereof, or set aside the roll and order the
assessment to be made de novo and at the conclusion thereof
confirm the roll by ordinance. [1965 c 7 § 35.44.100. Prior:
1929 c 97 § 3, part; 1911 c 98 § 21, part; RRS § 9373,
part.]
35.44.110 Assessment roll—Objections—Timeliness.
All objections to the confirmation of the assessment roll
shall state clearly the grounds of objections. Objections not
made within the time and in the manner prescribed in this
chapter shall be conclusively presumed to have been waived.
[1965 c 7 § 35.44.110. Prior: 1929 c 97 § 3, part; 1911 c
98 § 21, part; RRS § 9373, part.]
35.44.120 Assessment roll—Amendment—
Procedure. If an assessment roll is amended so as to raise
any assessment appearing thereon or to include omitted
property, a new time and place for hearing shall be fixed and
a new notice of hearing on the roll given as in the case of an
original hearing: PROVIDED, That as to any property
originally entered upon the roll the assessment upon which
has not been raised, no objections to confirmation of the
(2002 Ed.)
35.44.080
assessment roll shall be considered by the council or by any
court on appeal unless the objections were made in writing
at or prior to the date fixed for the original hearing upon the
assessment roll. [1965 c 7 § 35.44.120. Prior: 1929 c 97
§ 3, part; 1911 c 98 § 21, part; RRS § 9373, part.]
35.44.130 City property—Assessment. Every city
and town shall include in its annual tax levy an amount
sufficient to pay all unpaid assessments with all interest,
penalties, and charges thereon levied against all lands
belonging to the city or town. The proceeds of such a
portion of the tax levy shall be placed in a separate fund to
be known as the "city (or town) property assessments
redemption fund" and by the city or town treasurer inviolably applied in payment of any unpaid assessment liens on
any lands belonging to the city or town. [1965 c 7 §
35.44.130. Prior: (i) 1929 c 183 § 1; 1909 c 130 § 1; RRS
§ 9344. (ii) 1929 c 183 § 2, part; 1909 c 130 § 2, part; RRS
§ 9345, part.]
35.44.140 County property assessment. All lands
held or owned by any county in fee simple, in trust, or
otherwise within the limits of a local improvement district or
utility local improvement district of a city or town shall be
assessed and charged for their proportion of the cost of the
local improvement in the same manner as other property in
the district and the county commissioners are authorized to
cause the assessments to be paid at the times and in the
manner provided by law and the ordinances of the city or
town. This section shall apply to all cities and towns, any
charter or ordinance provision to the contrary notwithstanding. [1971 ex.s. c 116 § 9; 1967 c 52 § 11; 1965 c 7 §
35.44.140. Prior: (i) 1905 c 29 § 1; RRS § 9340. (ii) 1907
c 61 § 1; 1905 c 29 § 2; RRS § 9341. (iii) 1929 c 139 § 2;
1905 c 29 § 4; RRS § 9343.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.150 Harbor area leaseholds—Assessment. All
leasehold rights and interests of private individuals, firms or
corporations in or to harbor areas located within the limits of
a city or town are declared to be real property for the
purpose of assessment for the payment of the cost of local
improvements. They may be assessed and reassessed in
accordance with the special benefits received, which shall be
limited to benefits accruing during the term of the lease, to
the property subject to lease immediately abutting upon the
improvement and extending one-half block therefrom not
exceeding, however, three hundred fifty feet. [1965 c 7 §
35.44.150. Prior: 1915 c 134 § 1; RRS § 9364.]
35.44.160 Leases on tidelands—Assessment. All
leases of tidelands owned in fee by the state are declared to
be real property for the purpose of assessment for the
payment of the cost of local improvements. [1965 c 7 §
35.44.160. Prior: 1911 c 98 § 56; RRS § 9409.]
35.44.170 Metropolitan park district property—
Assessment. All lands held by a metropolitan park district
in fee simple, in trust, or otherwise within the limits of a
local improvement district in a city or town shall be assessed
[Title 35 RCW—page 159]
35.44.170
Title 35 RCW: Cities and Towns
and charged for their proportion of the cost of all local
improvements in the same manner as other property in the
district. [1965 c 7 § 35.44.170. Prior: (i) 1929 c 204 § 1;
RRS § 9343-1. (ii) 1929 c 204 § 2; RRS § 9343-2.]
35.44.180 Notices—Mailing—Proof. The mailing of
any notice required in connection with municipal local
improvements shall be conclusively proved by the written
certificate of the officer, board, or authority directed by the
provisions of the charter or ordinance of a city or town to
give the notice. [1965 c 7 § 35.44.180. Prior: 1929 c 97
§ 4; RRS § 9373-1.]
35.44.190 Proceedings conclusive—Exceptions—
Adjustments to assessments if other funds become
available. Whenever any assessment roll for local improvements has been confirmed by the council, the regularity,
validity, and correctness of the proceedings relating to the
improvement and to the assessment therefor, including the
action of the council upon the assessment roll and the
confirmation thereof shall be conclusive in all things upon
all parties. They cannot in any manner be contested or questioned in any proceeding by any person unless he filed
written objections to the assessment roll in the manner and
within the time required by the provisions of this chapter and
unless he prosecutes his appeal in the manner and within the
time required by the provisions of this chapter.
No proceeding of any kind shall be commenced or
prosecuted for the purpose of defeating or contesting any
assessment or the sale of any property to pay an assessment
or any certificate of delinquency issued therefor, or the
foreclosure of any lien therefor, except that injunction
proceedings may be brought to prevent the sale of any real
estate upon the ground (1) that the property about to be sold
does not appear upon the assessment roll or, (2) that the
assessment has been paid.
If federal, local, or state funds become available for a
local improvement after the assessment roll has been
confirmed by the city legislative authority, the funds may be
used to lower the assessments on a uniform basis. Any
adjustments to the assessments because of the availability of
federal or state funds may be made on the next annual
payment. [1985 c 397 § 9; 1965 c 7 § 35.44.190. Prior:
1911 c 98 § 23; RRS § 9375.]
of the appellant to the assessment. [1965 c 7 § 35.44.210.
Prior: 1957 c 143 § 3; prior: 1911 c 98 § 22, part; RRS §
9374, part.]
35.44.220 Procedure on appeal—Bond. At the time
of filing the notice of appeal with the clerk of the superior
court, the appellant shall execute and file with him a
sufficient bond in the penal sum of two hundred dollars, with
at least two sureties to be approved by the judge of the
court, conditioned to prosecute the appeal without delay and,
if unsuccessful, to pay all reasonable costs and expenses
which the city or town incurs by reason of the appeal. Upon
application therefor, the court may order the appellant to
execute and file such additional bonds as the necessity of the
case may require. [1971 ex.s. c 116 § 3; 1969 ex.s. c 258
§ 8; 1965 c 7 § 35.44.220. Prior: 1957 c 143 § 4; prior:
1911 c 98 § 22, part; RRS § 9374, part.]
35.44.230 Procedure on appeal—Transcript. Within
ten days from the filing of the notice of appeal, the appellant
shall file with the clerk of the superior court a transcript
consisting of the assessment roll and his objections thereto,
together with the ordinance confirming the assessment roll
and the record of the council with reference to the assessment. This transcript, upon payment of the necessary fees
therefor, shall be furnished by the city or town clerk and
shall be certified by him to contain full, true and correct
copies of all matters and proceedings required to be included
in the transcript. The fees payable therefor shall be the same
as those payable to the clerk of the superior court for the
preparation and certification of transcripts on appeal to the
supreme court or the court of appeals in civil actions. [1971
c 81 § 90; 1965 c 7 § 35.44.230. Prior: 1957 c 143 § 5;
prior: 1911 c 98 § 22, part; RRS § 9374, part.]
35.44.240 Procedure on appeal—Notice of hearing.
Within three days after the filing of the transcript with the
clerk of the superior court, the appellant shall give notice to
the head of the legal department of the city or town and to
its clerk that the transcript has been filed. The notice shall
also state a time (not less than three days from the date of
service thereof) when the appellant will call up the cause for
hearing. [1965 c 7 § 35.44.240. Prior: 1957 c 143 § 6;
prior: 1911 c 98 § 22, part; RRS § 9374, part.]
Severability—1985 c 397: See RCW 35.51.901.
35.44.200 Procedure on appeal—Perfecting appeal.
The decision of the council or other legislative body, upon
any objections made in the manner and within the time
herein prescribed, shall be final and conclusive, subject however to review by the superior court upon appeal. The
appeal shall be made by filing written notice of appeal with
the city or town clerk and with the clerk of the superior
court of the county in which the city or town is situated.
[1965 c 7 § 35.44.200. Prior: 1957 c 143 § 2; prior: 1911
c 98 § 22, part; RRS § 9374, part.]
35.44.210 Procedure on appeal—Notice of appeal.
The notice of appeal must be filed within ten days after the
ordinance confirming the assessment roll becomes effective
and shall describe the property and set forth the objections
[Title 35 RCW—page 160]
35.44.250 Procedure on appeal—Hearing by
superior court. At the time fixed for hearing in the notice
thereof or at such further time as may be fixed by the court,
the superior court shall hear and determine the appeal
without a jury and the cause shall have preference over all
other civil causes except proceedings relating to eminent
domain in cities and towns and actions of forcible entry and
detainer. The judgment of the court shall confirm, unless the
court shall find from the evidence that such assessment is
founded upon a fundamentally wrong basis and/or the
decision of the council or other legislative body thereon was
arbitrary or capricious; in which event the judgment of the
court shall correct, change, modify, or annul the assessment
insofar as it affects the property of the appellant. [1969 ex.s.
c 258 § 9; 1965 c 7 § 35.44.250. Prior: 1957 c 143 § 7;
prior: 1911 c 98 § 22, part; RRS § 9374, part.]
(2002 Ed.)
Local Improvements—Assessments and Reassessments
35.44.260 Procedure on appeal—Appellate review.
Appellate review of the judgment of the superior court may
be obtained as in other cases if sought within fifteen days
after the date of the entry of the judgment in the superior
court. [1988 c 202 § 36; 1971 c 81 § 91; 1965 c 7 §
35.44.260. Prior: 1957 c 143 § 8; prior: 1911 c 98 § 22,
part; RRS § 9374, part.]
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
35.44.270 Procedure on appeal—Certified copy of
decision or order. A certified copy of the decision of the
superior court pertaining to assessments for local improvements shall be filed with the officer having custody of the
assessment roll and he shall modify and correct the assessment roll in accordance with the decision. In the event
appellate review of the decision is sought, a certified copy
of the court’s order shall be filed with the officer having
custody of the assessment roll and the officer shall thereupon
modify and correct the assessment roll in accordance with
the order. [1988 c 202 § 37; 1971 c 81 § 92; 1965 c 7 §
35.44.270. Prior: 1957 c 143 § 9; prior: 1911 c 98 § 22,
part; RRS § 9374, part.]
Severability—1988 c 202: See note following RCW 2.24.050.
35.44.280 Reassessments—When authorized. In all
cases of special assessments for local improvements wherein
the assessments are not valid in whole or in part for want of
form, or insufficiency, informality, irregularity, or
nonconformance with the provisions of law, charter, or
ordinance, the city or town council may reassess the assessments and enforce their collection in accordance with the
provisions of law and ordinance existing at the time the
reassessment is made. This shall apply not only to an
original assessment but also to any reassessment, to any
assessment upon omitted property and to any supplemental
assessment which is declared void and its enforcement
refused by any court or which for any cause has been set
aside, annulled or declared void by any court either directly
or by virtue of any decision thereof. [1965 c 7 § 35.44.280.
Prior: 1911 c 98 § 42, part; 1893 c 96 § 3; RRS § 9395,
part.]
35.44.290 Reassessments—Basis—Property included. Every reassessment shall be made upon the property
which has been or will be specially benefited by the local
improvement and may be made upon property whether or
not it abuts upon, is adjacent to, or proximate to the improvement or was included in the original assessment district.
Property not included in the original improvement
district when so assessed shall become a part of the improvement district and all payments of assessments shall be paid
into and become part of the local improvement fund to pay
for the improvement.
Property in the original local improvement district which
is excluded in reassessment need not be entered upon the
assessment roll.
Every reassessment must be based upon the actual cost
of the improvement at the time of its completion. [1965 c
7 § 35.44.290. Prior: (i) 1911 c 98 § 42, part; 1893 c 96 §
(2002 Ed.)
35.44.260
3, part; RRS § 9395, part. (ii) 1911 c 98 § 43, part; 1909 c
71 § 1, part; 1893 c 95 § 2, part; RRS § 9396, part.]
35.44.300 Reassessments—Irregularities not fatal.
The fact that the contract has been let or that the improvement has been made and completed in whole or in part shall
not prevent the reassessment from being made, nor shall the
omission or neglect of any office or officers to comply with
the law, the charter, or ordinances governing the city or town
as to petition, notice, resolution to improve, estimate, survey,
diagram, manner of letting contract, or execution of work or
any other matter connected with the improvement and the
first assessment thereof operate to invalidate or in any way
affect the making of a reassessment. [1965 c 7 § 35.44.300.
Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part; 1893 c 95
§ 2, part; RRS § 9396, part.]
35.44.310 Reassessments—Amount thereof. The
reassessment shall be for an amount which shall not exceed
the actual cost and expense of the improvement, together
with the accrued interest thereon, it being the true intent and
meaning of the statutes relating to local improvements to
make the cost and expense of local improvements payable by
the property specially benefited thereby, notwithstanding the
proceedings of the council, board of public works or other
board, officer, or authority may be found to be irregular or
defective, whether jurisdictional or otherwise. [1965 c 7 §
35.44.310. Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part;
1893 c 95 § 2, part; RRS § 9396, part.]
35.44.320 Reassessments—Credit for prior payments. In case of reassessment, all sums paid on the former
attempted assessments shall be credited to the property on
account of which they were paid. [1965 c 7 § 35.44.320.
Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part; 1893 c 95
§ 2, part; RRS § 9396, part.]
35.44.330 Reassessments—Payment. In case of
reassessment after the certification of the assessment roll to
the city or town treasurer for collection, the same length of
time for payment of the assessment thereon without the
imposition of any penalties or interest and the notice that the
assessments are in the hands of the treasurer for collection
shall be given as in case of an original assessment. After
delinquency, penalties and interest may be charged as in
cases of original assessment and if the original assessment
was payable in installments, the new assessment may be
divided into equal installments and made payable at such
times as the city or town council may prescribe in the
ordinance ordering the new assessment. [1965 c 7 §
35.44.330. Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part;
1893 c 95 § 2, part; RRS § 9396, part.]
35.44.340 Reassessments—Limitation of time for.
No city or town shall have jurisdiction to proceed with any
reassessment unless the ordinance ordering it is passed by
the city or town council within ten years from and after the
time the original assessment for the same improvement was
finally held to be invalid, insufficient or for any cause set
aside, in whole or in part or its enforcement denied directly
[Title 35 RCW—page 161]
35.44.340
Title 35 RCW: Cities and Towns
or indirectly by the courts. [1965 c 7 § 35.44.340. Prior:
1911 c 98 § 45, part; RRS § 9398, part.]
ments. [1965 c 7 § 35.44.380. Prior: 1911 c 98 § 37, part;
RRS § 9390, part.]
35.44.350 Reassessments, assessments on omitted
property, supplemental assessments—Provisions governing. All of the provisions of law relating to the filing of
assessment rolls, time and place for hearing thereon, notice
of hearing, the hearing upon the roll, the confirmation of the
assessment roll, the time when the assessments become a
lien upon the property assessed, the proceedings on appeal
from any such assessment, the method of collecting the
assessment and all proceedings for enforcing the lien thereof
shall be had and conducted the same in the case of reassessments, assessments on omitted property, or supplemental assessments as in the case of an original assessment. [1965 c
7 § 35.44.350. Prior: 1911 c 98 § 44; 1893 c 95 § 1; RRS
§ 9397.]
35.44.390 Supplemental assessments—When
authorized. If by reason of any mistake, inadvertence, or
other cause, the amount assessed was not equal to the cost
and expense of a local improvement or that portion thereof
to be paid by assessment of the property benefited the city
or town council shall make supplemental assessments on all
the property in the district. The property found to be
specially benefited shall not be limited to the property
included in the original assessment district.
These assessments shall be made in accordance with the
provisions of law, charter, and ordinances existing at the
time of the levy. [1965 c 7 § 35.44.390. Prior: 1911 c 98
§ 42, part; 1893 c 96 § 3, part; RRS § 9395, part.]
35.44.360 Assessments on omitted property—
Authority. If by reason of mistake, inadvertence, or for any
cause, property in a local improvement district or utility local
improvement district which except for its omission would
have been subject to assessment has been omitted from the
assessment roll, the city or town council, upon its own
motion, or upon the application of the owner of any property
in the district which has been assessed for the improvement,
may proceed to assess the property so omitted in accordance
with the benefits accruing to it by reason of the improvement
in proportion to the assessments levied upon other property
in the district. [1967 c 52 § 12; 1965 c 7 § 35.44.360.
Prior: 1911 c 98 § 37, part; RRS § 9390, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.44.370 Assessments on omitted property—
Resolution—Notice. In case of assessments on omitted
property the city or town council shall pass a resolution:
(1) Setting forth that the property therein described was
omitted from the assessment;
(2) Notifying all persons who may desire to object
thereto to appear at a meeting of the city or town council at
a time specified in the resolution and present their objections
thereto, and
(3) Directing the proper board, officer, or authority to
report to the council at or prior to the date fixed for the
hearing the amount which should be borne by each lot, tract,
or parcel of land or other property so omitted. The resolution shall be published in all respects as provided for publishing the resolutions for an original assessment. [1965 c
7 § 35.44.370. Prior: 1911 c 98 § 37, part; RRS § 9390,
part.]
35.44.380 Assessments on omitted property—
Confirmation ordinance—Collection. At the conclusion of
the hearing or any adjournment thereof upon proposed
assessments on omitted property the council shall consider
the matter as though the property were included in the
original roll and may confirm the roll or any portion thereof
by ordinance. Thereupon the roll of omitted property shall
be certified to the treasurer for collection as other assess[Title 35 RCW—page 162]
35.44.400 Supplemental assessments—Limitation of
time for. No city or town shall have jurisdiction to proceed
with any supplemental assessment unless the ordinance
ordering it is passed by the city or town council within ten
years from and after the time that it was finally determined
that the total amount of valid assessments levied and
assessed on account of a local improvement was insufficient
to pay the whole or that portion of the cost and expense
thereof to be paid by special assessment. [1965 c 7 §
35.44.400. Prior: 1911 c 98 § 45, part; RRS § 9398, part.]
35.44.410 Segregation of assessments. Whenever
any land against which there has been levied any special
assessment by any city or town shall have been sold in part
or subdivided, the legislative authority of that city or town
shall have the power to order a segregation of the assessment.
Any person desiring to have such a special assessment
against a tract of land segregated to apply to smaller parts
thereof shall apply to the city or town which levied the
assessment. If the legislative authority thereof determines
that a segregation should be made, it shall by resolution
order the city or town treasurer to make segregation on the
original assessment roll as directed in the resolution. The
segregation shall be made as nearly as possible on the same
basis as the original assessment was levied, and the total of
the segregated parts of the assessment shall equal the
assessment before segregation. The resolution shall describe
the original tract, the amount and date of the original
assessment, and shall define the boundaries of the divided
parts and the amount of the assessment chargeable to each
part. A certified copy of the resolution shall be delivered to
the city or town treasurer who shall proceed to make the
segregation ordered upon being tendered a fee of ten dollars
for each tract of land for which a segregation is to be made.
In addition to such charge the legislative authority of the city
or town may require as a condition to the order of segregation that the person seeking it pay the city or town the
reasonable engineering and clerical costs incident to making
the segregation. No segregation need be made if the
legislative authority of the city or town shall find that by
such segregation the security of the lien for such assessment
will be so jeopardized as to reduce the security for any
(2002 Ed.)
Local Improvements—Assessments and Reassessments
outstanding local improvement district obligations payable
from such assessment. [1969 ex.s. c 258 § 10.]
35.44.420 Property donations—Credit against
assessments. A city legislative authority may give credit for
all or any portion of any property donation against an
assessment, charge, or other required financial contribution
for transportation improvements within a local improvement
district. The credit granted is available against any assessment, charge, or other required financial contribution for any
transportation purpose that uses the donated property. [1987
c 267 § 9.]
Severability—1987 c 267: See RCW 47.14.910.
Right of way donations: Chapter 47.14 RCW.
Chapter 35.45
LOCAL IMPROVEMENTS—BONDS
AND WARRANTS
Sections
35.45.010
35.45.020
35.45.030
35.45.040
35.45.050
35.45.060
35.45.065
35.45.070
35.45.080
35.45.090
35.45.130
35.45.140
35.45.150
35.45.155
35.45.160
35.45.170
Authority to issue bonds.
Bond issue—Due date—Interest.
Bonds—Form—Content.
Bonds—Sale of.
Call of bonds.
Interest on bonds—How payable.
Interest on bonds—Payment from general revenues—
Authority—Procedure.
Nonliability of city or town.
Remedy of bondholders.
Excess to be refunded—Demand—Right of action.
Warrants against local improvement fund authorized.
Warrants acceptable in payment of assessments.
Installment notes—Interest certificates.
Installment notes—Refunding.
Consolidated local improvement districts—Authorized—
Purpose.
Refunding bonds—Limitations.
35.45.010 Authority to issue bonds. The city or
town council may provide by ordinance for the payment of
the whole or any portion of the cost and expense of any
local improvement by bonds of the improvement district, but
no bonds shall be issued in excess of the cost and expense
of the improvement, nor shall they be issued prior to twenty
days after the thirty days allowed for the payment of
assessments without penalty or interest. [1965 c 7 §
35.45.010. Prior: (i) 1911 c 98 § 46, part; 1899 c 124 § 1;
RRS § 9399, part. (ii) 1917 c 139 § 1, part; 1915 c 168 §
4, part; 1911 c 98 § 47, part; 1899 c 124 § 2, part; RRS §
9400, part. (iii) 1911 c 98 § 50, part; RRS § 9403, part.]
35.45.020 Bond issue—Due date—Interest. Local
improvement bonds shall be issued pursuant to ordinance
and shall be made payable on or before a date not to exceed
thirty years from and after the date of issue, which latter
date may be fixed by ordinance or resolution of the council,
and bear interest at such rate or rates as authorized by the
council. The council may, in addition to issuing bonds
callable under the provisions of RCW 35.45.050 whenever
sufficient moneys are available, issue bonds with a fixed
maturity schedule or with a fixed maximum annual retirement schedule. [1971 ex.s. c 116 § 10; 1970 ex.s. c 56 §
(2002 Ed.)
35.44.410
35; 1969 ex.s. c 258 § 11; 1969 c 81 § 1; 1965 c 7 §
35.45.020. Prior: 1917 c 139 § 1, part; 1915 c 168 § 4,
part; 1911 c 98 § 47, part; 1899 c 124 § 2, part; RRS §
9400, part.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Rights not impaired—1969 c 81: "No phrase, clause, subdivision or
section of this 1969 amendatory act shall be construed to impair the rights
of bondholders as to any bonds issued prior to the effective date of this
1969 amendatory act." [1969 c 81 § 2.]
35.45.030 Bonds—Form—Content. (1) Local
improvement bonds shall be in such denominations as may
be provided in the ordinance authorizing their issue and shall
be numbered from one upwards consecutively. Each bond
shall (a) be signed by the mayor and attested by the clerk,
(b) have the seal of the city or town affixed thereto, (c) refer
to the improvement to pay for which it is issued and the
ordinance ordering it, (d) provide that the principal sum
therein named and the interest thereon shall be payable out
of the local improvement fund created for the cost and
expense of the improvement and out of the local improvement guaranty fund, unless the ordinance under which it was
issued provides that the bonds shall not be secured by the
local improvement guaranty fund; and out of a reserve fund,
if one is established for such bonds pursuant to RCW
35.51.040; or, with respect to interest only, shall be payable
out of the general revenues of the city or town, but only if
pledged to the payment of such interest pursuant to RCW
35.45.065, and not otherwise, (e) provide that the bond
owners’ remedy in case of nonpayment shall be confined to
the enforcement of the special assessments made for the
improvement and to the guaranty fund and reserve fund, as
applicable, and (f) be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
Any interest coupons may be signed by the mayor and
attested by the clerk, or in lieu thereof, may have printed
thereon a facsimile of their signatures.
(2) Notwithstanding subsection (1) of this section, but
subject to RCW 35.45.010, such bonds may be issued and
sold in accordance with chapter 39.46 RCW. [2002 c 41 §
1; 1983 c 167 § 41; 1967 ex.s. c 44 § 1; 1965 c 7 §
35.45.030. Prior: (i) 1917 c 139 § 1, part; 1915 c 168 § 4,
part; 1911 c 98 § 47, part; 1899 c 124 § 2; RRS § 9400,
part. (ii) 1927 c 209 § 5, part; 1925 ex.s. c 183 § 5, part;
1923 c 141 § 5, part; RRS § 9351-5, part. (iii) 1911 c 98 §
52, part; RRS § 9405, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.45.040 Bonds—Sale of. (1) Local improvement
bonds may be issued to the contractor or sold by the officers
authorized by the ordinance directing their issue to do so, in
the manner prescribed therein at the price established by the
legislative authority of the city or town. Any portion of the
bonds of any issue remaining unsold may be issued to the
contractor constructing the improvement in payment thereof.
The proceeds of all sales of bonds shall be applied in
payment of the cost and expense of the improvement.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 42; 1981 c 323 § 2; 1965 c 7 § 35.45.040.
Prior: (i) 1911 c 98 § 46, part; 1899 c 124 § 1; RRS §
[Title 35 RCW—page 163]
35.45.040
Title 35 RCW: Cities and Towns
9399, part. (ii) 1911 c 98 § 48; 1899 c 124 § 3; RRS §
9401.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.45.050 Call of bonds. Except when bonds have
been issued with a fixed maturity schedule or with a fixed
maximum annual retirement schedule as authorized in RCW
35.45.020, the city or town treasurer shall call in and pay the
principal of one or more bonds of any issue in their numerical order whenever there is sufficient money in any local
improvement fund, against which the bonds have been
issued, over and above that which is sufficient for the
payment of interest on all unpaid bonds of that issue. The
call shall be made for publication in the city or town official
newspaper in its first publication following the date of
delinquency of any installment of the assessment or as soon
thereafter as practicable. The call shall state that bonds No.
. . . . (giving the serial number or numbers of the bonds
called) will be paid on the day the next interest payments are
due and that interest on those bonds will cease upon that
date. [1983 c 167 § 43; 1971 ex.s. c 116 § 11; 1965 c 7 §
35.45.050. Prior: 1911 c 98 § 54, part; RRS § 9407, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.45.060 Interest on bonds—How payable. The
city or town treasurer shall pay interest on the bonds issued
against local improvement funds out of the local improvement fund from which the bonds are payable. [1965
c 7 § 35.45.060. Prior: 1911 c 98 § 54, part; RRS § 9407,
part.]
35.45.065 Interest on bonds—Payment from general
revenues—Authority—Procedure. The city or town
council may provide by ordinance that all or part of the interest upon said bonds shall be paid from the general
revenues of the city or town and may create a local improvement district bond interest fund for this purpose. If the city
or town council determine that the city or town shall pay all
interest on such bonds from its general revenues, the interest
coupons attached to the bond shall recite that the interest
thereby evidenced is payable from general revenues. If the
city or town council determines that the city or town council
shall pay a part of the interest on such bonds from its
general revenues, the interest coupons representing interest
payable from the general revenues of the city or town shall
be denominated as "B" coupons and shall recite that the
interest payable thereunder is payable from the general
revenues of the city or town. [1967 ex.s. c 44 § 2.]
35.45.070 Nonliability of city or town. (1)(a) Neither
the holder nor owner of any bond, interest coupon, warrant,
or other short-term obligation issued against a local improvement fund shall have any claim therefor against the city or
town by which it is issued, except for payment from the
special assessments made for the improvement for which the
bond or warrant was issued and except also for payment
from the local improvement guaranty fund of the city or
town as to bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or
[Title 35 RCW—page 164]
town shall not be liable to the holder or owner of any bond,
interest coupon, warrant, or other short-term obligation for
any loss to the local improvement guaranty fund occurring
in the lawful operation thereof.
(b) A copy of the foregoing in (a) of this subsection
shall be plainly written, printed, or engraved on each bond,
interest coupon, warrant, or other short-term obligation.
(2) Notwithstanding the provisions of subsection (1) of
this section, with respect to bonds, interest coupons, warrants, or other short-term obligations issued under an
ordinance providing that the obligations are not secured by
the local improvement guaranty fund:
(a) Neither the holder nor owner of any obligation
issued against a local improvement fund shall have any
claim against the city or town by which it is issued, except
for payment from the special assessments made for the
improvement for which the obligation was issued.
(b) A copy of the foregoing in (a) of this subsection
shall be plainly written, printed, or engraved on each bond,
interest coupon, warrant, or other short-term obligation.
[2002 c 41 § 2; 1965 c 7 § 35.45.070. Prior: (i) 1911 c 98
§ 52, part; RRS § 9405, part. (ii) 1927 c 209 § 5; 1925
ex.s. c 183 § 5; 1923 c 141 § 5, part; RRS § 9351-5, part.]
35.45.080 Remedy of bondholders. If a city or town
fails to pay any bonds or to promptly collect any local
improvement assessments when due, the owner of the bonds
may proceed in his own name to collect the assessment and
foreclose the lien thereof in any court of competent jurisdiction and shall recover in addition to the amount of the bond
and interest thereon, five percent, together with the cost of
suit. Any number of holders of bonds for any single
improvement may join as plaintiffs and any number of
owners of property upon which the assessments are liens
may be joined as defendants in the same suit.
The owners of local improvement bonds issued by a city
or town after the creation of a local improvement guaranty
fund therein, shall also have recourse against the local
improvement guaranty fund of such city or town unless the
ordinance under which the bonds were issued provides that
the bonds are not secured by the local improvement guaranty
fund. [2002 c 41 § 3; 1965 c 7 § 35.45.080. Prior: (i)
1927 c 209 § 5, part; 1925 ex.s. c 183 § 5, part; 1923 c 141
§ 5, part; RRS § 9351-5, part. (ii) 1911 c 98 § 51; 1899 c
124 § 6; RRS § 9404.]
35.45.090 Excess to be refunded—Demand—Right
of action. Any funds in the treasury of any municipal
corporation belonging to the fund of any local improvement
district after the payment of the whole cost and expense of
such improvement, in excess of the total sum required to
defray all the expenditures by such municipal corporation on
account thereof, shall be refunded, on demand, to the payers
into such fund. Each such payer shall be entitled to such
proportion of such excess as his original assessment bears to
the entire original assessment levied for such improvement.
Such municipal corporation may, after one year from the
date on which the last installment becomes due, transfer any
balance remaining on hand to the general fund of such
municipal corporation, but shall, notwithstanding such
transfer remain liable for the refund herein provided for until
(2002 Ed.)
Local Improvements—Bonds and Warrants
such refund shall have been made, unless the actual cost
involved in making such refund shall exceed the excess in
such fund.
Such demand shall be made in writing to the treasurer
of such municipal corporation. No action shall be commenced in any court to obtain any such refund, except upon
such demand, and until ninety days after making such
demand. No excess shall be recovered in any action where
the excess in the fund does not average the sum of one
dollar in favor of all payers into such fund.
This section shall not be deemed to require the refunding of any balance left in any local improvement fund after
the payment of all outstanding obligations issued against
such fund, where such balance accrues from any saving in
interest or from penalties collected upon delinquent assessments, but any such balance, whether accruing heretofore or
hereafter, may be turned into the general fund or otherwise
disposed of, as the legislative authority of the city may
direct.
The provisions of this chapter relating to the refund of
excess local improvement district funds shall not apply to
any district whose obligations are guaranteed by the local
improvement guaranty fund. [1965 c 7 § 35.45.090. Prior:
1917 c 140 § 1; 1909 c 108 § 1; RRS § 9351.]
35.45.130 Warrants against local improvement fund
authorized. Every city and town may provide by ordinance
for the issuance of warrants in payment of the cost and
expense of any local improvement, payable out of the local
improvement district fund. The warrants shall bear interest
at a rate or rates established by the issuing officer under the
direction of the legislative authority of the city or town and
shall be redeemed either in cash or by local improvement
bonds for the same improvement authorized by ordinance.
All warrants against any local improvement fund sold
by the city or town or issued to a contractor and by him sold
or hypothecated for a valuable consideration shall be claims
and liens against the improvement fund against which they
are drawn prior and superior to any right, lien, or claim of
any surety upon the bond or bonds given to the city or town
by or for the contractor to secure the performance of his
contract or to secure the payment of persons who have
performed work thereon, furnished materials therefor, or
provisions and supplies for the carrying on of the work.
[1981 c 323 § 3; 1970 ex.s. c 56 § 36; 1965 c 7 §
35.45.130. Prior: 1953 c 117 § 1; prior: 1915 c 168 § 3;
1911 c 98 § 72; 1899 c 146 § 7; RRS 9425.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
35.45.140 Warrants acceptable in payment of
assessments. Cities and towns may accept warrants drawn
against any local improvement fund upon such conditions as
they may by ordinance or resolution prescribe, in satisfaction
of:
(1) Assessments levied to supply such fund, in due order
of priority of right;
(2) Judgments rendered against property owners who
have become delinquent in the payment of assessments
levied to supply such fund; and
(3) In payment of certificates of purchase in cases where
property of delinquents has been sold under execution or at
(2002 Ed.)
35.45.090
tax sale for failure to pay assessments levied to supply such
fund. [1965 c 7 § 35.45.140. Prior: (i) 1899 c 97 § 1;
RRS § 9346. (ii) 1899 c 97 § 2; RRS § 9347. (iii) 1899 c
97 § 3; RRS § 9348. (iv) 1899 c 97 § 4; RRS § 9349. (v)
1899 c 97 § 5; RRS § 9350.]
35.45.150 Installment notes—Interest certificates.
In addition to the issuance of bonds and warrants in payment
of the cost and expense of any local improvement, any city
or town may also issue and sell installment notes payable out
of the local improvement district fund. Such installment
notes may be issued any time after the thirty day period
allowed by law for the payment of assessments of any district without penalty or interest, and may bear any denomination or denominations, the aggregate of which shall represent
the balance of the cost and expense of the local improvement
district which is to be borne by the property owners therein.
Application of local improvement district funds for the
reduction of the principal and interest amounts due on any
notes herein provided to finance said improvement shall be
made not less than once each year beginning with the issue
date thereof. Appropriate notification of such application of
funds shall be made by the city or town treasurer to the
registered payees of said notes, except those notes owned by
funds of the issuing municipality. Such notes may be
registered as provided in RCW 39.46.030. If more than one
local improvement installment note is issued for a single
district, said notes shall be numbered consecutively. All
notes issued shall bear on the face thereof: (1) The name of
the payee; (2) the number of the local improvement district
from whose funds the notes are payable; (3) the date of issue
of each note; (4) the date on which the note, or the final
installment thereon shall become due; (5) the rate or rates of
interest, as provided by the city or town legislative authority,
to be paid on the unpaid balance thereof, and; (6) such
manual or facsimile signatures and attestations as are
required by state statute or city charter to appear on the
warrants of each issuing municipality.
The reverse side of each installment note issued pursuant to this section shall bear a tabular payment record which
shall indicate at prescribed installment dates, the receipt of
any local improvement district funds for the purpose of
servicing the debt evidenced by said notes. Such receipts
shall first be applied toward the interest due on the unpaid
balance of the note, and any additional moneys shall thereafter apply as a reduction of the principal amount thereof. The
tabular payment record shall, in addition to the above, show
the unpaid principal balance due on each installment note,
together with sufficient space opposite each transaction
affecting said note for the manual signature of the city’s or
town’s clerk, treasurer or other properly designated receiving
officer of the municipality, or of any other registered payee
presenting said note for such installment payments.
Whenever there are insufficient funds in a local improvement district to meet any payment of installment
interest due on any note herein authorized, a noninterestbearing defaulted installment interest certificate shall be
issued by the city or town treasurer which shall consist of a
written statement certifying the amount of such defaulted
interest installment; the name of the payee of the note to
whom the interest is due and the number of the local
[Title 35 RCW—page 165]
35.45.150
Title 35 RCW: Cities and Towns
improvement district from whose funds the note and interest
thereon is payable. Such certificates may be registered as
provided in RCW 39.46.030. The certificate herein provided
shall bear the manual signature of the city or town treasurer
or his authorized agent. The defaulted installment interest
certificate so issued shall be redeemed for the face amount
thereof with any available funds in the local improvement
guaranty fund.
Whenever at the date of maturity of any installment note
issued pursuant to this section, there are insufficient funds in
a local improvement district, due to delinquencies in the
collection of assessments, to pay the final installment of the
principal due thereon, the note shall be redeemed with any
available funds in the local improvement guaranty fund for
the amount of said final installment.
All certificates and notes issued pursuant to this section
are to become subject to the same redemption privileges as
apply to any local improvement district bonds and warrants
now accorded the protection of the local improvement
guaranty fund as provided in chapter 35.54 RCW, and
whenever the certificates or notes issued as herein provided
are redeemed by said local improvement guaranty fund, they
shall be held therein as investments thereof in the same
manner as prescribed for other defaulted local improvement
district obligations.
Notwithstanding any other statutory provisions, local improvement installment notes authorized by this section which
are within the protection of the local improvement guaranty
fund law shall be considered legal investments for any
available surplus funds of the issuing municipality which
now or hereafter may be authorized to be invested in the
city’s or town’s local improvement districts’ bonds or
warrants and shall be considered legal investments for all
national and state banks, savings and loan institutions, and
any and all other commercial banking or financial institutions to the same extent that the local improvement district
bonds and any coupons issued pursuant to the provisions of
this chapter have been and are legal investments for such
institutions. Any such local improvement installment notes
may be transferred or sold by said city or town upon such
terms or conditions and in such manner as the local governing body of said city or town may determine, or may be
issued to another fund of the city or town: PROVIDED,
HOWEVER, That the same shall not be sold at less than par
plus accrued interest.
Notwithstanding the provisions of this section, such
notes and certificates may be issued, and such notes may be
sold, in accordance with chapter 39.46 RCW. [1983 c 167
§ 44. Prior: 1981 c 323 § 4; 1981 c 156 § 2; prior: 1970
ex.s. c 93 § 2; 1970 ex.s. c 56 § 37; 1965 c 7 § 35.45.150;
prior: 1961 c 165 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1970 ex.s. c 93: See note following RCW 39.60.050.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Investment of public funds in notes, debentures: RCW 39.60.050.
35.45.155 Installment notes—Refunding. Any city
or town having issued one or more installment notes pursuant to RCW 35.45.150 may refund all of such notes or the
principal thereof then outstanding payable from any one
[Title 35 RCW—page 166]
local improvement district fund by the issuance of local
improvement district bonds pursuant to chapter 35.45 RCW
and by the payment into the city or town fund or funds
holding such notes the then outstanding principal amount of
such notes plus the interest thereon accrued to the date of
such refunding. The bonds shall be payable from the same
local improvement district fund from which such notes were
payable; shall be payable no later than the final payment
date of the notes being refunded; shall be in the same total
principal amount as the outstanding principal amount of the
notes being refunded less any sums in the local improvement
district fund the city or town applies to the redemption of
such notes; and shall be sold at not less than par plus
accrued interest to date of delivery. Any interest payable on
the bonds in excess of the interest payable on assessment
installments payable into the local improvement district fund
shall be paid from the general fund of the city or town in
accordance with RCW 35.45.065. The principal proceeds
and interest accrued to date of delivery of the bonds shall be
paid into the local improvement district fund and the notes
shall be redeemed on that date. The city or town shall pay
all costs and expenses of such refunding from moneys
available therefor. [1969 ex.s. c 258 § 12.]
35.45.160 Consolidated local improvement districts—Authorized—Purpose. For the purpose of issuing
bonds only, the governing body of any municipality may
authorize the establishment of consolidated local improvement districts. The local improvements within such consolidated districts need not be adjoining, vicinal or neighboring.
If the governing body orders the creation of such consolidated local improvement districts, the moneys received from the
installment payment of the principal of and interest on
assessments levied within original local assessment districts
shall be deposited in a consolidated local improvement
district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds. [1967
ex.s. c 44 § 3.]
35.45.170 Refunding bonds—Limitations. The
legislative authority of any city or town may issue and sell
bonds to refund outstanding local improvement district or
consolidated local improvement district bonds issued after
June 7, 1984, on the earliest date such outstanding bonds
may be redeemed following the date of issuance of such
refunding bonds. Such refunding shall be subject to the
following:
(1) The refunding shall result in a net interest cost
savings after paying the costs and expenses of the refunding,
and the principal amount of the refunding bonds may not
exceed the principal balance of the assessment roll or rolls
pledged to pay the bonds being refunded at the time of the
refunding.
(2) The refunding bonds shall be paid from the same
local improvement fund or bond redemption fund as the
bonds being refunded.
(3) The costs and expenses of the refunding shall be
paid from the proceeds of the refunding bonds, or the same
local improvement district fund or bond redemption fund for
the bonds being refunded, except the city or town may
advance such costs and expenses to such fund pending the
(2002 Ed.)
Local Improvements—Bonds and Warrants
receipt of assessment payments available to reimburse such
advances.
(4) The last maturity of the refunding bonds shall be no
later than one year after the last maturity of bonds being
refunded.
(5) The refunding bonds may be exchanged for the
bonds being refunded or may be sold in the same manner
permitted at the time of sale for local improvement district
bonds.
(6) All other provisions of law applicable to the refunded bonds shall apply to the refunding bonds. [1984 c 186 §
66.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Chapter 35.47
LOCAL IMPROVEMENTS—PROCEDURE FOR
CANCELLATION OF NONGUARANTEED BONDS
Sections
35.47.010
35.47.020
35.47.030
35.47.040
35.47.900
Distribution of moneys in local improvement funds to holders of bonds and warrants—Notice—Time limitation—
Abandonment and transfer to general fund.
Declaration of obsolescence and cancellation upon distribution of moneys, untimely presentment, or lack of money
in local improvement fund.
Cancellation procedure where no money in local improvement fund.
Action under RCW 35.47.010 through 35.47.030 unaffected
by chapter 35.48 RCW or other law.
Severability—1965 ex.s. c 6.
35.47.010 Distribution of moneys in local improvement funds to holders of bonds and warrants—Notice—
Time limitation—Abandonment and transfer to general
fund. Any city or town having any outstanding and unpaid
local improvement bonds or warrants issued in connection
with a local improvement therein to which the local guaranty
fund law is not applicable and that have been delinquent for
more than fifteen years, by ordinance, may direct that the
money, if any, remaining in a given local improvement fund
for which no real property is held in trust shall be distributed
by the city or town on a pro rata basis, without any reference to numerical order, to the holders of outstanding bonds
or warrants for each such fund, excluding the accrued
interest thereon. If the outstanding bonds or warrants are not
presented for payment within one year after the last date of
publication of notice provided for herein, the money being
held in the local improvement fund of a city or town shall be
deemed abandoned, and shall be transferred to the city or
town general fund: PROVIDED, That the city or town shall
publish a notice once each week for two successive weeks
in the official newspaper of the city or town in which it is
indicated that L.I.D. bonds for . . . . . . L.I.D. improvement
Nos. . . . . to . . . . inclusive must be presented to the city or
town for payment not later than one year from this date or
the money being held in the local improvement fund of the
city or town shall be transferred to the city or town general
fund. [1985 c 469 § 31; 1965 ex.s. c 6 § 1.]
35.47.020 Declaration of obsolescence and
cancellation upon distribution of moneys, untimely
presentment, or lack of money in local improvement
(2002 Ed.)
35.45.170
fund. After the city or town having said bonds or warrants
referred to in RCW 35.47.010 has distributed the money in
a local improvement district fund in accordance with RCW
35.47.010, or such bonds or warrants are not presented for
payment within one year after the last date of publication of
notice provided for in RCW 35.47.010, such city or town
may, by ordinance, declare such bonds and warrants, without
any reference to numerical order, to be obsolete, cancel the
same, and terminate all accounting thereon, and clear such
bonds and warrants off their records including any unguaranteed bonds or warrants outstanding against districts in which
there remains no money in the given local improvement
fund. [1965 ex.s. c 6 § 2.]
35.47.030 Cancellation procedure where no money
in local improvement fund. If the bonds or warrants
outstanding against a district are unguaranteed and if there
remains no money in the appropriate local improvement fund
to pay them, and if no real property is held in trust for the
fund, the city or town shall give notice in the same manner
as provided in RCW 35.47.010, stating that L.I.D. . . . . . .
(bonds or warrants) for . . . . . . L.I.D. improvement Nos.
. . . . to . . . . inclusive will be canceled as provided in RCW
35.47.020, unless such bonds or warrants are presented to
the city or town within one year from the date of last
publication of the notice, together with good cause shown as
to why such cancellation should not take place. If such
bonds or warrants are not presented, with good cause shown,
within one year after the last date of publication of such
notice, they may be canceled as provided in RCW 35.47.020.
[1965 ex.s. c 6 § 3.]
35.47.040 Action under RCW 35.47.010 through
35.47.030 unaffected by chapter 35.48 RCW or other law.
Nothing in chapter 35.48 RCW or other existing law to the
contrary shall preclude the action authorized herein. [1965
ex.s. c 6 § 4.]
35.47.900 Severability—1965 ex.s. c 6. If any
provision of this act, or its application to any person or
circumstance is held to be invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not affected. [1965 ex.s. c 6 § 6.]
Chapter 35.48
LOCAL IMPROVEMENTS—
NONGUARANTEED BONDS
Sections
35.48.010
35.48.020
35.48.030
35.48.040
35.48.050
35.48.060
Special revolving fund for delinquent nonguaranteed bonds
and warrants—Composition.
Use of revolving fund—Maximum bond price.
Subrogation—Refund of surplus.
Refund to revolving fund.
Purchase of warrants on previous funds—Transfer of assets
to revolving fund—Disposition.
Procedure governed by ordinance.
35.48.010 Special revolving fund for delinquent
nonguaranteed bonds and warrants—Composition. If
any city or town has issued bonds or warrants payable from
[Title 35 RCW—page 167]
35.48.010
Title 35 RCW: Cities and Towns
a local improvement or condemnation award fund, to which
the local improvement guaranty fund law is not applicable,
and if the assessment, or last installment thereof, against
which the bonds or warrants were issued has been delinquent
not more than thirty-two years, the city or town may create
a special revolving fund and may provide moneys therefor
by general tax levy, if the levy, together with other levies
made or authorized by such city or town, will not exceed the
levy which is legally allowed; or such city or town may
place in said fund or advance or loan to said fund any
money which it is not prohibited by law from advancing,
loaning to or placing in said fund. [1965 c 7 § 35.48.010.
Prior: 1961 c 46 § 1; 1943 c 244 § 2; Rem. Supp. 1943 §
9351-11.]
Purpose—1943 c 244: "WHEREAS, there are many millions of
dollars of delinquent and unpaid local improvement district and condemnation award bonds and warrants issued by various cities of the state and not
protected by the Local Improvement Guaranty Fund, only a small part of
which for the present at least can be paid and many of which will never be
paid because of inability of property owners to pay the special assessments
levied to provide funds for payment thereof and the depreciated value of the
real estate which is the only security provided by present law from which
payment of the assessments may be enforced; and, WHEREAS, the cities
are not legally liable under existing law for payment of such bonds and
warrants except as there are moneys available in the special fund from
which the same are payable; and, WHEREAS, such cities and its citizens
as a whole have derived benefit from the improvements installed with the
proceeds or as a result of the issuance of such bonds and warrants; and,
WHEREAS, the nonpayment of such unpaid and delinquent bonds and
warrants not only causes great hardship and suffering on those who have
invested money in such bonds and warrants, but also reflects discredit on
the financial structure of the various cities involved, to the detriment of the
cities as a whole and also the entire state; NOW, THEREFORE, this law is
enacted to enable cities to provide some relief from the hardship imposed
by such conditions." [1943 c 244 § 1.]
35.48.020 Use of revolving fund—Maximum bond
price. Any moneys in such revolving fund may be used for
the purchase of unpaid delinquent local improvement warrants, or bonds and interest payments, or bonds and interest
coupons thereon, issued by the city or town, payable from a
local improvement district fund or condemnation award fund,
to which the local improvement guaranty fund law is not
applicable, if the assessment, or last installment thereof,
against which the bonds or warrants have been issued, has
been delinquent not more than thirty-two years. The
maximum purchase price to be paid for said bonds or warrants shall be fixed by the municipality, and may from time
to time be changed but shall never exceed fifty percent of
the face value of the bonds, interest payments, interest
coupons, or warrants: PROVIDED, That no warrants shall
be issued payable from the revolving fund unless there is
sufficient cash in said fund available for payment of such
warrants. [1983 c 167 § 45; 1965 c 7 § 35.48.020. Prior:
1961 c 46 § 2; 1943 c 244 § 3; Rem. Supp. 1943 § 935112.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.48.030 Subrogation—Refund of surplus. The
purchase of any such bonds or warrants shall not relieve the
local improvement or condemnation award fund from which
the same are payable from liability for payment of the same,
but the city or town upon purchase thereof shall become
subrogated to all the rights of the former owners thereof and
[Title 35 RCW—page 168]
may proceed to enforcement of said bonds or warrants as
any owner thereof might do. The city or town may sell any
property acquired by it in such proceedings upon such terms
and for such prices as it sees fit, or it may resell any of the
bonds or warrants for such prices as it shall fix.
Any excess in any local improvement district fund or
condemnation award fund which will average a payment of
one dollar to each payer into said fund shall, after payment,
retirement, or cancellation of all bonds or warrants payable
from said fund, be refunded and paid to the payers into the
fund in the proportion that their respective assessments bear
to the entire original assessment levied for such improvement, and any unpaid assessments, or portion thereof, shall
be reduced in the same proportion. Any proceeds derived
from the sale of any bonds or warrants, or from the sale of
real estate, shall be placed in the revolving fund. [1965 c 7
§ 35.48.030. Prior: 1943 c 244 § 4; Rem. Supp. 1943 §
9351-13.]
35.48.040 Refund to revolving fund. If there are
funds in any local improvement district fund or condemnation award fund sufficient to pay or retire any bond or
warrant issued and payable from said fund, and the city or
town is the owner and holder of the bond or warrant next
payable from the fund, the city or town treasurer shall from
the moneys in the local improvement or condemnation award
fund place in the revolving fund a sum of money equivalent
to the amount paid by the city or town for such bond or
warrant and shall thereupon cancel, mark paid and remove
from said revolving fund such bond or warrant. [1965 c 7
§ 35.48.040. Prior: 1943 c 244 § 5; Rem. Supp. 1943 §
9351-14.]
35.48.050 Purchase of warrants on previous
funds—Transfer of assets to revolving fund—Disposition.
Whenever a city or town has heretofore by ordinance created
a fund for use in purchasing delinquent local improvement
or condemnation award bonds or warrants not protected by
the local improvement guaranty fund law, and has purchased
any such bonds or warrants and issued warrants payable
from said fund, which warrants are unpaid because of lack
of funds and have remained unpaid for a period of less than
thirty-two years from date of issue thereof, the city or town
may use any funds available in the revolving fund to
purchase said warrants at such price as it may determine, but
in no event at more than fifty percent of the face value,
without interest.
Whenever all such warrants have been purchased or
paid, the city or town may transfer to the revolving fund any
bonds, warrants or other assets belonging to said fund first
above mentioned, and thereafter such bonds, warrants or
other assets shall be held and disposed of for the benefit of
said revolving fund in the same manner as other funds and
assets therein: PROVIDED, That nothing contained in this
chapter shall legalize any warrants heretofore issued or render any city or town liable thereunder. [1965 c 7 §
35.48.050. Prior: 1961 c 46 § 3; 1943 c 244 § 6; Rem.
Supp. 1943 § 9351-15.]
35.48.060 Procedure governed by ordinance. All
actions of a city or town respecting the purchase of bonds
(2002 Ed.)
Local Improvements—Nonguaranteed Bonds
and warrants or sales of bonds, warrants or assets of the
revolving fund shall be as directed by general or special
ordinance. [1965 c 7 § 35.48.060. Prior: 1943 c 244 § 7;
Rem. Supp. 1943 § 9351-16.]
Chapter 35.49
LOCAL IMPROVEMENTS—COLLECTION
OF ASSESSMENTS
Sections
35.49.010
35.49.020
35.49.030
Collection by city treasurer—Notices.
Installments—Number—Due date.
Ordinance to prescribe time of payment—Interest—
Penalties.
35.49.040 Payment without interest or penalty.
35.49.050 Prepayment of installments subsequently due.
35.49.060 Payment by city or town.
35.49.070 Payment by county.
35.49.080 Payment by metropolitan park district.
35.49.090 Payment by joint owner.
35.49.100 Payment in error—Remedy.
35.49.110 Record of payment.
35.49.130 Tax liens—City may protect assessment lien at foreclosure
sale.
35.49.140 Tax liens—Payment by city after taking property on foreclosure of local assessments.
35.49.150 Tax title property—City may acquire from county before
resale.
35.49.160 Tax title property—Disposition of proceeds upon resale.
35.49.170 Acquisition of property by state or political subdivisions
which is subject to unpaid assessments and delinquencies.
Prepayment of taxes and assessments: RCW 35.21.650.
35.49.010 Collection by city treasurer—Notices. All
assessments for local improvements in local improvement
districts shall be collected by the city treasurer and shall be
kept in a separate fund to be known as "local improvement
fund, district No. . . . ." and shall be used for no other
purpose than the redemption of warrants drawn upon and
bonds issued against the fund to provide payment for the
cost and expense of the improvement.
All assessments for local improvements in a utility local
improvement district shall be collected by the city treasurer,
shall be paid into the appropriate revenue bond fund, and
shall be used for no other purpose than the redemption of
revenue bonds issued to provide funds for the cost and
expense of the improvement.
As soon as the assessment roll has been placed in the
hands of the city or town treasurer for collection, he shall
publish a notice in the official newspaper of the city or town
once a week for two consecutive weeks, that the roll is in
his hands for collection and that all or any portion of the
assessment may be paid within thirty days from the date of
the first publication of the notice without penalty, interest or
costs.
Within fifteen days of the first newspaper publication,
the city or town treasurer shall notify each owner or reputed
owner whose name appears on the assessment roll, at the
address shown on the tax rolls of the county treasurer for
each item of property described on the list, of the nature of
the assessment, of the amount of his real property subject to
such assessment, of the total amount of assessment due, and
of the time during which such assessment may be paid
without penalty, interest, or costs. [1972 ex.s. c 137 § 1;
(2002 Ed.)
35.48.060
1969 ex.s. c 258 § 13; 1967 c 52 § 13; 1965 c 7 §
35.49.010. Prior: (i) 1911 c 98 § 28; RRS § 9380. (ii)
1911 c 98 § 50, part; RRS § 9403, part.]
Severability—1972 ex.s. c 137: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1972 ex.s. c 137 § 6.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
Saving—1927 c 275: "All local improvement initiated or proceedings
commenced by any city or town before the taking effect of this act, relating
to the making of any local improvement, or the collection and foreclosure
of local improvement, or the collection and foreclosure of local improvement assessments, and the sale of property therefor, shall proceed without
being in any manner affected by the passage of this act; PROVIDED, That
any city or town may at its option foreclose in the manner provided in this
act the lien of any local improvement assessment created prior to the
effective date of this act, and cause deed to issue, but as to any such
property purchased by such city or town at such foreclosure the same shall
be held and sold by such city or town under and pursuant to the provisions
of law in force and effect prior to the taking effect of this act." [1927 c 275
§ 8.]
35.49.020 Installments—Number—Due date. In all
cases where bonds are issued to pay the cost and expense of
a local improvement, the ordinance levying the assessments
shall provide that the sum charged against any lot, tract, and
parcel of land or other property, or any portion thereof, may
be paid during the thirty day period allowed for the payment
of assessments without penalty or interest and that thereafter
the sum remaining unpaid may be paid in equal annual
principal installments or in equal annual installments of
principal and interest. The number of installments shall be
less by two than the number of years which the bonds issued
to pay for the improvement are to run. The estimated
interest rate may be stated in the ordinance confirming the
assessment roll. Where payment is required in equal annual
principal installments, interest on the whole amount unpaid
at the rate fixed by the ordinance authorizing the issuance
and sale of the bonds shall be due on the due date of the
first installment of principal and each year thereafter on the
due date of each installment of principal: PROVIDED, That
the legislative authority of any city or town having made a
bond issue payable on or before twenty-two years after the
date of issue may provide by ordinance that all assessments
and portions of assessments unpaid after the thirty day
period allowed for payment of assessments without penalty
or interest may be paid in ten equal installments beginning
with the eleventh year and ending with the twentieth year
from the expiration of said thirty day period, together with
interest on the unpaid installments at the rate fixed by such
ordinance, and that in each year after the said thirty day
period, to and including the tenth year thereafter, one installment of interest on the principal sum of the assessment at
the rate so fixed shall be paid and collected, and that
beginning with the eleventh year after the thirty day period
one installment of the principal, together with the interest
due thereon, and on all installments thereafter to become due
shall be paid and collected. [1982 c 96 § 1; 1981 c 323 §
5; 1969 ex.s. c 258 § 14; 1965 c 7 § 35.49.020. Prior:
1925 ex.s. c 117 § 1; 1915 c 168 § 5; 1911 c 98 § 49; 1899
c 124 § 4; RRS § 9402.]
[Title 35 RCW—page 169]
35.49.030
Title 35 RCW: Cities and Towns
35.49.030 Ordinance to prescribe time of payment—Interest—Penalties. Every city and town shall
prescribe by ordinance within what time assessments or
installments thereof shall be paid, and shall provide for the
payment and collection of interest thereon at a rate as shall
be fixed by the legislative body of the city or town. Assessments or installments thereof, when delinquent, in addition
to such interest, shall bear such penalty not less than five
percent as shall be by general ordinance prescribed. [1971
ex.s. c 116 § 5; 1969 ex.s. c 258 § 15; 1965 c 7 §
35.49.030. Prior: 1955 c 353 § 3; prior: 1927 c 275 § 1,
part; 1921 c 92 § 1, part; 1911 c 98 § 24, part; RRS § 9376,
part.]
35.49.040 Payment without interest or penalty. The
owner of any lot, tract, or parcel of land or other property
charged with local improvement assessment may redeem it
from all or any portion thereof by paying to the city or town
treasurer all or any portion thereof without interest within
thirty days after the first publication by the treasurer of
notice that the assessment roll is in his hands for collection.
[1965 c 7 § 35.49.040. Prior: 1911 c 98 § 50, part; RRS §
9403, part.]
35.49.050 Prepayment of installments subsequently
due. The owner of any lot, tract, or parcel of land or other
property charged with a local improvement assessment may
redeem it from all liability for the unpaid amount of the assessment at any time after the thirty day period allowed for
payment of assessments without penalty or interest by paying
the entire installments of the assessment remaining unpaid to
the city or town treasurer with interest thereon to the date of
maturity of the installment next falling due. [1965 c 7 §
35.49.050. Prior: 1911 c 98 § 50, part; RRS § 9403, part.]
35.49.060 Payment by city or town. On or before
the fifteenth day of August of each year, the city or town
treasurer shall certify to the city or town council a detailed
statement showing:
(1) The proceedings authorizing and confirming any
local improvement assessments or utility local improvement
assessments affecting city or town property,
(2) The lots, tracts, or parcels of lands of the city or
town so assessed,
(3) The several assessments against each,
(4) The interest, penalties, and charges thereon,
(5) The penalties and charges which will accrue upon
the assessments to the date of payment, and
(6) The total of all such assessments, interest, penalty,
and charges.
The longest outstanding liens shall be paid first, but if
the money in the "city (or town) property assessments
redemption fund" is insufficient at any time to discharge all
such liens against the lands of the city or town upon a given
assessment roll, the city or town treasurer may pay such
portion thereof as may be possible from the funds available.
If deemed necessary, the city or town council may
transfer money from the general fund to the redemption fund
as a loan to be repaid when the money is available for
repayment. [1967 c 52 § 14; 1965 c 7 § 35.49.060. Prior:
1929 c 183 § 2, part; 1909 c 130 § 2; RRS § 9345, part.]
[Title 35 RCW—page 170]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.49.070 Payment by county. Upon the confirmation of the assessment roll for a local improvement district
or utility local improvement district, the city or town
treasurer shall certify and forward to the board of county
commissioners a statement of all the lots, tracts, or parcels
of land held or owned by the county assessed thereon,
separately describing each lot, tract, or parcel, with the
amount of the assessment charged against it.
The board of county commissioners shall cause the
amount of such local assessments to be paid to the city or
town as other claims against the county are paid.
If title to any property thus described was acquired by
the county through foreclosure of general tax liens, the
county shall:
(1) Pay the assessment from the proceeds of the sale of
the property; or
(2) Sell the property subject to the lien of the assessment. [1967 c 52 § 15; 1965 c 7 § 35.49.070. Prior: 1929
c 139 § 1; 1905 c 29 § 3; RRS § 9342.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.49.080 Payment by metropolitan park district.
Upon the confirmation of the assessment roll for a local
improvement district or utility local improvement district, the
city treasurer shall certify and forward to the board of park
commissioners of any metropolitan park district in which the
city is located, a statement of all the lots, tracts, and parcels
of land or other property held or owned by the district,
assessed thereon, separately describing each lot, tract, or
parcel with the amount of the assessment charged against it.
The board of park commissioners shall cause the
amount of the local assessments to be paid as other claims
against the metropolitan park district are paid. [1967 c 52
§ 16; 1965 c 7 § 35.49.080. Prior: 1929 c 204 § 3; RRS §
9343-3.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.49.090 Payment by joint owner. If any assessment for a local improvement, or an installment thereof, or
judgment for either of them is paid, or a certificate of sale
for either of them is redeemed by a joint owner of any of the
property so assessed, he may, after demand and refusal,
recover from his co-owners, by an action brought in superior
court, the respective portions of the payment which each coowner should bear. He shall have a lien upon the undivided
interests of his co-owners from the date of the payment
made by him and in the action shall recover interest at ten
percent from the date of payment by him and the costs of
the action in addition to the principal sum due him. [1965
c 7 § 35.49.090. Prior: 1911 c 98 § 62; RRS § 9415.]
35.49.100 Payment in error—Remedy. If, through
error or inadvertence, a person pays any assessment for a
local improvement or an installment thereof upon the lands
of another, he may, after demand and refusal, recover from
the owner of such lands, by an action in the superior court,
(2002 Ed.)
Local Improvements—Collection of Assessments
35.49.100
the amount so paid and the costs of the action. [1965 c 7 §
35.49.100. Prior: 1911 c 98 § 65; RRS § 9418.]
35.49.160. Prior: 1929 c 143 § 1, part; 1925 ex.s. c 170 §
1, part; 1911 c 98 § 40, part; RRS § 9393, part.]
35.49.110 Record of payment. If the amount of any
assessment for a local improvement with interest, penalty,
costs, and charges accrued thereon is paid to the treasurer
before sale of the property in foreclosure of the lien thereon,
the city or town treasurer shall mark it paid upon the
assessment roll with the date of payment thereof. [1965 c 7
§ 35.49.110. Prior: 1927 c 275 § 2; 1911 c 98 § 30; RRS
§ 9382.]
35.49.170 Acquisition of property by state or
political subdivisions which is subject to unpaid assessments and delinquencies. See RCW 79.44.190.
35.49.130 Tax liens—City may protect assessment
lien at foreclosure sale. If any property situated in a local
improvement district or utility local improvement district
created by a city or town is offered for sale for general taxes
by the county treasurer, the city or town shall have power to
protect the lien or liens of any local improvement assessments outstanding against the whole or portion of such
property by purchase at the treasurer’s foreclosure sale.
[1995 c 38 § 2; 1994 c 301 § 4; 1965 c 7 § 35.49.130.
Prior: (i) 1911 c 98 § 63; RRS § 9416. (ii) 1929 c 143 §
1, part; 1925 ex.s. c 170 § 1, part; 1911 c 98 § 40, part;
RRS § 9393, part.]
Sections
35.50.005
35.50.010
35.50.020
35.50.030
35.50.040
35.50.050
35.50.220
35.50.225
35.50.230
35.50.240
35.50.250
35.50.260
35.50.270
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
35.50.005 Filing of title, diagram, expense—Posting
proposed roll. Within fifteen days after any city or town
has ordered a local improvement and created a local improvement district, the city or town shall cause to be filed
with the officer authorized by law to collect the assessments
for such improvement, the title of the improvement and
district number and a copy of the diagram or print showing
the boundaries of the district and preliminary assessment roll
or abstract of same showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the
estimated cost and expense of such improvement to be borne
by each lot, tract, or parcel of land. Such officer shall
immediately post the proposed assessment roll upon his
index of local improvement assessments against the properties affected by the local improvement. [1969 ex.s. c 258 §
16; 1965 c 7 § 35.50.005. Prior: 1955 c 353 § 1.]
35.49.140 Tax liens—Payment by city after taking
property on foreclosure of local assessments. If a city or
town has bid in any property on sale for local improvement
assessments, it may satisfy the lien of any outstanding
general taxes upon the property by payment of the face of
such taxes and costs, without penalty or interest, but this
shall not apply where certificates of delinquency against the
property have been issued to private persons. [1965 c 7 §
35.49.140. Prior: 1929 c 143 § 1, part; 1925 ex.s. c 170 §
1, part; 1911 c 98 § 40, part; RRS § 9393, part.]
35.49.150 Tax title property—City may acquire
from county before resale. If property is struck off to or
bid in by a county at a sale for general taxes, and is subject
to local improvement assessments in any city or town, or has
been taken over by the city or town on the foreclosure of
local improvement assessments, the city or town may acquire
the property from the county at any time before resale and
receive a deed therefor upon paying the face of such taxes
and costs, without penalty or interest. [1965 c 7 §
35.49.150. Prior: 1929 c 143 § 1, part; 1925 ex.s. c 170 §
1, part; 1911 c 98 § 40, part; RRS § 9393, part.]
35.49.160 Tax title property—Disposition of proceeds upon resale. Whenever property struck off to or bid
in by a county at a sale for general taxes is subsequently
sold by the county, the proceeds of the sale shall first be
applied to discharge in full the lien or liens for general taxes
for which property was sold; the remainder, or such portion
thereof as may be necessary, shall be paid to the city or
town to discharge all local improvement assessment liens
against the property; and the surplus, if any, shall be
distributed among the proper county funds. [1965 c 7 §
(2002 Ed.)
Chapter 35.50
LOCAL IMPROVEMENTS—FORECLOSURE
OF ASSESSMENTS
Filing of title, diagram, expense—Posting proposed roll.
Assessment lien—Attachment—Priority.
Assessment lien—Validity.
Authority and conditions precedent to foreclosure.
Entire assessment, foreclosure of.
Limitation of foreclosure action.
Procedure—Commencement of action.
Procedure—Form of summons.
Procedure—Parties and property included.
Procedure—Pleadings and evidence.
Procedure—Summons and service.
Procedure—Trial and judgment—Notice of sale.
Procedure—Sale—Right of redemption.
35.50.010 Assessment lien—Attachment—Priority.
The charge assessed upon the respective lots, tracts, or
parcels of land and other property in the assessment roll
confirmed by ordinance of the city or town council for the
purpose of paying the cost and expense in whole or in part
of any local improvement, shall be a lien upon the property
assessed from the time the assessment roll is placed in the
hands of the city or town treasurer for collection, but as between the grantor and grantee, or vendor and vendee of any
real property, when there is no express agreement as to
payment of the local improvement assessments against the
real property, the lien of such assessment shall attach thirty
days after the filing of the diagram or print and the estimated
cost and expense of such improvement to be borne by each
lot, tract, or parcel of land, as provided in RCW 35.50.005.
Interest and penalty shall be included in and shall be a part
of the assessment lien.
The assessment lien shall be paramount and superior to
any other lien or encumbrance theretofore or thereafter
created except a lien for general taxes. [1965 c 7 §
[Title 35 RCW—page 171]
35.50.010
Title 35 RCW: Cities and Towns
35.50.010. Prior: 1955 c 353 § 4; prior: (i) 1911 c 98 §
20; RRS § 9372. (ii) 1927 c 275 § 1, part; 1921 c 92 § 1;
1911 c 98 § 24, part; RRS § 9376, part.]
35.50.020 Assessment lien—Validity. If the city or
town council in making assessments against any property
within any local improvement district or utility local improvement district has acted in good faith and without fraud,
the assessments shall be valid and enforceable as such and
the lien thereof upon the property assessed shall be valid.
It shall be no objection to the validity of the assessment,
or the lien thereof:
(1) That the contract for the improvement was not
awarded in the manner or at the time required by law; or
(2) That the assessment was made by an unauthorized
officer or person if the assessment roll was confirmed by the
city or town authorities; or
(3) That the assessment is based upon a front foot basis,
or upon a basis of benefits to the property within the
improvement district unless it is made to appear that the city
or town authorities did not act in good faith and did not
attempt to act fairly in regard thereto or unless it is made to
appear that the city or town authorities acted fraudulently or
oppressively in making the assessment.
All local improvement assessments heretofore or
hereafter made by city or town authorities in good faith are
valid and in full force and effect. [1967 c 52 § 17; 1965 c
7 § 35.50.020. Prior: 1911 c 98 § 61; RRS § 9414.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.50.030 Authority and conditions precedent to
foreclosure. If on the first day of January in any year, two
installments of any local improvement assessment are
delinquent, or if the final installment thereof has been delinquent for more than one year, the city or town shall proceed
with the foreclosure of the delinquent assessment or delinquent installments thereof by proceedings brought in its own
name in the superior court of the county in which the city or
town is situate.
The proceedings shall be commenced on or before
March 1st of that year or on or before such other date in
such year as may be fixed by general ordinance, but not
before the city or town treasurer has notified by certified
mail the persons whose names appear on the current assessment roll as owners of the property charged with the
assessments or installments which are delinquent, at the
address last known to the treasurer, a notice thirty days
before the commencement of the proceedings. If the person
whose name appears on the assessment rolls of the county
assessor as owner of the property, or whose name appears on
the tax rolls of the county treasurer as taxpayer of the
property, or the address shown for the owner, differs from
that appearing on the city or town assessment roll, then the
treasurer shall also mail a copy of the notice to that person
or that address.
The notice shall state the amount due, including foreclosure costs, upon each separate lot, tract, or parcel of land
and the date after which the proceedings will be commenced.
The city or town treasurer shall file with the clerk of the
superior court at the time of commencement of the fore[Title 35 RCW—page 172]
closure proceeding the affidavit of the person who mailed
the notices. This affidavit shall be conclusive proof of
compliance with the requirements of this section. [2002 c
168 § 1; 1997 c 393 § 1; 1983 c 303 § 18; 1982 c 91 § 1;
1981 c 323 § 6; 1965 c 7 § 35.50.030. Prior: 1933 c 9 § 1,
part; 1927 c 275 § 5, part; 1919 c 70 § 2; 1915 c 185 § 1;
1911 c 98 §§ 34, 36, part; RRS § 9386, part; prior: 1897 c
111.]
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 91 § 10.]
Construction—1933 c 9: "The provisions of this act shall be
applicable to the lien of assessments heretofore as well as hereafter levied
and to foreclosure proceedings now pending." [1933 c 9 § 3.]
35.50.040 Entire assessment, foreclosure of. When
the local improvement assessment is payable in installments,
the enforcement of the lien of any installment shall not
prevent the enforcement of the lien of any subsequent
installment.
A city or town may by general ordinance provide that
upon failure to pay any installment due the entire assessment
shall become due and payable and the collection thereof
enforced by foreclosure: PROVIDED, That the payment of
all delinquent installments together with interest, penalty, and
administrative costs at any time before entry of judgment in
foreclosure shall extend the time of payment on the remainder of the assessments as if there had been no delinquency
or foreclosure. Where foreclosure of two installments of the
same assessment on any lot, tract, or parcel is sought, the
city or town treasurer shall cause such lot, tract, or parcel to
be dismissed from the action, if the installment first delinquent together with interest, penalty, administrative costs,
and charges is paid at any time before sale. [1997 c 393 §
2; 1965 c 7 § 35.50.040. Prior: (i) 1933 c 9 § 1, part; 1927
c 275 § 5, part; 1919 c 70 § 2, part; 1915 c 185 § 1; 1911
c 98 §§ 34, 36, part; RRS § 9386, part. (ii) 1919 c 70 § 1;
1911 c 98 § 35; RRS § 9388; prior: 1897 c 111.]
35.50.050 Limitation of foreclosure action. An
action to collect a local improvement assessment or any
installment thereof or to enforce the lien thereof whether
brought by the city or town, or by any person having the
right to bring such action must be commenced within ten
years after the assessment becomes delinquent or within ten
years after the last installment becomes delinquent, if the
assessment is payable in installments: PROVIDED, That the
time during which payment of principal is deferred as to
economically disadvantaged property owners as provided for
in RCW 35.43.250 shall not be a part of the time limited for
the commencement of action. [1989 c 11 § 6; 1972 ex.s. c
137 § 5; 1965 c 7 § 35.50.050. Prior: 1911 c 98 § 41; RRS
§ 9394.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1972 ex.s. c 137: See note following RCW 35.49.010.
35.50.220 Procedure—Commencement of action. In
foreclosing local improvement assessment liens, a city or
town shall proceed by filing a complaint in the superior
court of the county in which the city or town is located. It
(2002 Ed.)
Local Improvements—Foreclosure of Assessments
shall be sufficient to allege in the complaint (1) the passage
of the ordinance authorizing the improvement, (2) the
making of the improvement, (3) the levying of the assessment, (4) the confirmation thereof, (5) the date of delinquency of the installment or installments of the assessment for
the enforcement of which the action is brought and (6) that
they have not been paid prior to delinquency or at all. [1982
c 91 § 2; 1965 c 7 § 35.50.220. Prior: 1933 c 9 § 2, part;
RRS § 9386-1, part.]
Severability—1982 c 91: See note following RCW 35.50.030.
35.50.225 Procedure—Form of summons. In
foreclosing local improvement assessments, the summons
shall be substantially in the following form:
SUPERIOR COURT OF WASHINGTON
FOR [. . . . . .] COUNTY
............... ,
Plaintiff,
v.
............... ,
Defendant.
⎫
No. . . . .
⎪
⎬ SUMMONS FOR FORECLOSURE
⎪ OF LOCAL IMPROVEMENT
âŽ
ASSESSMENT LIEN
To the Defendant: A lawsuit has been started against
you in the above entitled court by . . . . . ., plaintiff.
Plaintiff’s claim is stated in the written complaint, a copy of
which is served upon you with this summons. The purpose
of this suit is to foreclose on your interest in the following
described property:
[legal description]
which is located at:
[street address]
In order to defend against this lawsuit, you must
respond to the complaint by stating your defense in writing,
and by serving a copy upon the person signing this summons
within 20 days after the service of this summons, excluding
the day of service, or a default judgment may be entered
against you without notice. A default judgment is one where
plaintiff is entitled to what he asks for because you have not
responded. If you serve a notice of appearance on the
undersigned person, you are entitled to notice before a
default judgment may be entered.
IMPORTANT NOTICE
If judgment is taken against you, either by default or
after hearing by the court, your property will be sold at
public auction.
You may prevent the sale by paying the amount of the
judgment at any time prior to the sale.
If your property is sold, you may redeem the property
at any time up to two years after the date of the sale, by
paying the amount for which the property was sold, plus
interest and costs of the sale.
If you wish to seek the advice of an attorney in this
matter, you should do so promptly so that your written
response, if any, may be served on time.
[signed] . . . . . . . . . . . . . . . . . . .
.........................
Print or Type Name
(2002 Ed.)
(
Dated . . . . . .
35.50.220
) Plaintiff
(
) Plaintiff’s
Attorney
P.O. Address . . . . . . . . . . . . . . .
Telephone Number . . . . . . . . . . . .
[1982 c 91 § 6.]
Severability—1982 c 91: See note following RCW 35.50.030.
35.50.230 Procedure—Parties and property included. In foreclosing local improvement assessment liens, it is
not necessary to bring a separate suit for each of the lots,
tracts, or parcels of land or other property or for each
separate local improvement district or utility local improvement district. All or any of the lots, tracts, or parcels of
land or other property upon which local improvement
assessments are delinquent under any and all local improvement assessment rolls in the city or town may be proceeded
against in the same action. For all lots, tracts, or parcels
which contain a residential structure with an assessed value
of at least two thousand dollars, all persons owning or
claiming to own the property shall be made defendants
thereto. For all other lots, tracts, or parcels, the persons
whose names appear on the assessment roll and property tax
rolls as owners of the property charged with the assessments
or taxes shall be made defendants thereto. [1983 c 303 §
19; 1982 c 91 § 3; 1967 c 52 § 19; 1965 c 7 § 35.50.230.
Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.]
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.50.240 Procedure—Pleadings and evidence. In
foreclosing local improvement assessment liens, the assessment roll and the ordinance confirming it, or duly authenticated copies thereof shall be prima facie evidence of the
regularity and legality of the proceedings connected therewith and the burden of proof shall be on the defendants.
[1982 c 91 § 4; 1965 c 7 § 35.50.240. Prior: 1933 c 9 § 2,
part; RRS § 9386-1, part.]
Severability—1982 c 91: See note following RCW 35.50.030.
35.50.250 Procedure—Summons and service. In
foreclosing local improvement assessments, if the lot, tract,
or parcel contains a residential structure with an assessed
value of at least two thousand dollars, the summons shall be
served upon the defendants in the manner required by RCW
4.28.080. For all other lots, tracts, or parcels the summons
shall be served by either personal service on the defendants
or by certified and regular mail. [1983 c 303 § 20; 1982 c
91 § 5; 1965 c 7 § 35.50.250. Prior: 1933 c 9 § 2, part;
RRS § 9386-1, part.]
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
Commencement of actions: Chapter 4.28 RCW.
35.50.260 Procedure—Trial and judgment—Notice
of sale. In foreclosing local improvement assessments the
action shall be tried to the court without a jury. If the
parties interested in any particular lot, tract, or parcel default,
the court may enter judgment of foreclosure and sale as to
[Title 35 RCW—page 173]
35.50.260
Title 35 RCW: Cities and Towns
such parties and lots, tracts, or parcels and the action may
proceed as to the remaining defendants and lots, tracts, or
parcels. Judgment and order of sale may be entered as to
any one or more separate lots, tracts, or parcels involved in
the action and the court shall retain jurisdiction to others.
The judgment shall specify separately the amount of the
installments with interest, penalty, and all reasonable
administrative costs, including, but not limited to, the title
searches, chargeable to each lot, tract, or parcel. The
judgment shall have the effect of a separate judgment as to
each lot, tract, or parcel described in the judgment, and any
appeal shall not invalidate or delay the judgment except as
to the property concerning which the appeal is taken. In the
judgment the court shall order the lots, tracts, or parcels
therein described sold by the city or town treasurer or by the
county sheriff and an order of sale shall issue pursuant
thereto for the enforcement of the judgment.
In all other respects, the trial, judgment, and appeals to
the supreme court or the court of appeals shall be governed
by the statutes governing the foreclosure of mortgages on
real property.
Prior to the sale of the property, if the property is
shown on the property tax rolls under unknown owner or if
the property contains a residential structure having an
assessed value of two thousand dollars or more, the treasurer
shall order or conduct a title search of the property to
determine the record title holders and all persons claiming a
mortgage, deed of trust, or mechanic’s, laborer’s,
materialmen’s, or vendor’s lien on the property.
At least thirty days prior to the sale of the property, a
copy of the notice of sale shall be mailed by certified and
regular mail to all defendants in the foreclosure action as to
that parcel, lot, or tract and, if the owner is unknown or the
property contains a residential structure having an assessed
value of two thousand dollars or more, a copy of the notice
of sale shall be mailed by regular and certified mail to any
additional record title holders and persons claiming a
mortgage, deed of trust, or mechanic’s, laborer’s,
materialmen’s, or vendor’s lien on the property.
In all other respects the procedure for sale shall be
conducted in the same manner as property tax sales described in RCW 84.64.080. [1997 c 393 § 3; 1983 c 303 §
21; 1982 c 91 § 7; 1971 c 81 § 93; 1965 c 7 § 35.50.260.
Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.]
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
Foreclosure of real estate mortgages and personal property liens: Chapter
61.12 RCW.
Foreclosure of special assessments by water-sewer districts—Attorneys’
fees: RCW 57.16.150.
35.50.270 Procedure—Sale—Right of redemption.
In foreclosing local improvement assessments, all sales shall
be subject to the right of redemption within two years from
the date of sale. [1983 c 303 § 22; 1982 c 91 § 8; 1965 c
7 § 35.50.270. Prior: 1933 c 9 § 2, part; RRS § 9386-1,
part.]
Severability—1983 c 303: See RCW 36.60.905.
Severability—1982 c 91: See note following RCW 35.50.030.
[Title 35 RCW—page 174]
Chapter 35.51
LOCAL IMPROVEMENTS—CLASSIFICATION OF
PROPERTY—RESERVE FUNDS
Sections
35.51.010
35.51.020
35.51.030
Definitions.
Joint planning, construction, and operation of improvements.
Alternative or additional method of assessment—
Classification of property.
35.51.040 Reserve fund authorized—Use.
35.51.050 Loan agreements—Assessments may be pledged.
35.51.900 Authority supplemental—1985 c 397.
35.51.9001 Authority supplemental—1997 c 426.
35.51.901 Severability—1985 c 397.
35.51.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Local improvement district" means any local
improvement district, local utility district, or any other
similar special assessment district.
(2) "Municipality" means any city, town, county,
metropolitan municipal corporation, or any other municipal
corporation or quasi-municipal corporation of the state of
Washington authorized to order local improvements, to
establish local improvement districts, and to levy special
assessments on property specially benefited thereby to pay
the expense of the improvements.
(3) "Permissible floor area" means the maximum total
floor area, at grade and above and below grade, of a building
or other structure that may lawfully be developed on a
property.
(4) "Private land use restriction" means any restriction
on the use of property imposed by agreement and enforceable by a court of law and that the legislative authority of a
municipality determines is useful in measuring special
benefits to a property from an improvement. Such restrictions include but are not limited to easements, covenants,
and equitable servitudes that are not mere personal obligations.
(5) "Public land use restriction" means any restriction on
the use of property imposed by federal, state, or local laws,
regulations, ordinances, or resolutions. Such restrictions
include but are not limited to local zoning ordinances and
historic preservation statutes. [1985 c 397 § 5.]
35.51.020 Joint planning, construction, and operation of improvements. A municipality may contract with
any other municipality, with a public corporation, or with the
state of Washington, for the following purposes:
(1) To have the acquisition or construction of the whole
or any part of an improvement performed by another
municipality, by a public corporation, or by the state of
Washington;
(2) To pay, from assessments on property within a local
improvement district or from the proceeds of local improvement district bonds, notes or warrants, the whole or any part
of the expense of an improvement ordered, constructed,
acquired, or owned by another municipality or a public
corporation; or
(3) To integrate the planning, financing, construction,
acquisition, management, or operation, or any combination
thereof, of the improvements of one municipality or a public
corporation with the planning, financing, construction,
(2002 Ed.)
Local Improvements—Classification of Property—Reserve Funds
acquisition, management, or operation, or any combination
thereof, of the improvements of another municipality or
public corporation on such terms and conditions as may be
mutually agreed upon including, but not limited to, the
allocation of the costs of the improvements and the allocation of planning, financing, construction, management,
operation, or other responsibilities. [1987 c 242 § 5; 1985
c 397 § 6.]
Policy—1987 c 242: See note following RCW 35.43.005.
35.51.030 Alternative or additional method of
assessment—Classification of property. (1) As an alternative or in addition to other methods of ascertaining assessments for local improvements, the legislative authority of a
municipality may develop and apply a system of classification of properties based upon some or all of the public land
use restrictions or private land use restrictions to which such
property may be put at the time the assessment roll is
confirmed.
(2) The legislative authority of a municipality may
classify property into office, retail, residential, public, or any
other classifications the legislative authority finds reasonable,
and may levy special assessments upon different classes of
property at different rates, but in no case may a special
assessment exceed the special benefit to a particular property. A municipality also may exempt certain classes of
property from assessment if the legislative authority of the
municipality determines that properties within such classes
will not specially benefit from the improvement.
(3) For each property within a classification, the
legislative authority of the municipality may determine the
special assessment after consideration of any or all of the
following:
(a) Square footage of the property;
(b) Permissible floor area;
(c) Distance from or proximity of access to the local
improvement;
(d) Private land use restrictions and public land use
restrictions;
(e) Existing facilities on the property at the time the
assessment roll is confirmed; and
(f) Any other factor the legislative authority finds to be
a reasonable measure of the special benefits to the properties
being assessed.
(4) If after the assessment roll is confirmed, the legislative authority of a municipality finds that the lawful uses of
any assessed property have changed and that the property no
longer falls within its original classification, the legislative
authority may, in its discretion, reclassify and reassess such
property whether or not the bonds issued to pay any part of
such costs remain outstanding. If such reassessment reduces
the total outstanding assessments within the local improvement district, the legislative authority shall either reassess all
other properties upward in an aggregate amount equal to
such reduction, or shall pledge additional money, including
money in a reserve fund, to the payment of principal of and
interest on such bonds in an amount equal to such reduction.
(5) When the legislative authority of a municipality
determines that it will use the alternative or additional
method of assessment authorized by this section, it may
select and describe the method or methods of assessment in
(2002 Ed.)
35.51.020
the ordinance ordering a local improvement and creating a
local improvement district if such method or methods of
assessment have been described in the notice of hearing
required under RCW 35.43.150. If the method or methods
of assessment are so selected and described in the ordinance
ordering a local improvement and creating a local improvement district, the action and decision of the legislative
authority as to such method or methods of assessment shall
be final and conclusive, and no lawsuit whatsoever may be
maintained challenging such method or methods of assessment unless that lawsuit is served and filed no later than
thirty days after the date of passage of the ordinance
ordering the improvement, and creating the district or, when
applicable, no later than thirty days after the expiration of
the thirty-day protest period provided in RCW 35.43.180.
[1985 c 397 § 7.]
35.51.040 Reserve fund authorized—Use. For the
purpose of securing the payment of the principal of and
interest on an issue of local improvement bonds, notes,
warrants, or other short-term obligations, the legislative
authority of a municipality may create a reserve fund in an
amount not exceeding fifteen percent of the principal amount
of the bonds, notes, or warrants issued. The cost of a
reserve fund may be included in the cost and expense of any
local improvement for assessment against the property in the
local improvement district to pay the cost, or any part
thereof. The reserve fund may be provided for from the
proceeds of the bonds, notes, warrants, or other short-term
obligations, from special assessment payments, or from any
other money legally available therefor. The legislative
authority of a municipality shall provide that after payment
of administrative costs a sum in proportion to the ratio
between the part of the original assessment against a given
lot, tract, or parcel of land in a local improvement district
assessed to create a reserve fund, if any, and the total
original amount of such assessment, plus a proportionate
share of any interest accrued in the reserve fund, shall be
credited and applied, respectively, to any nondelinquent
portion of the principal of that assessment and any nondelinquent installment interest on that assessment paid by a
property owner, but in no event may the principal amount of
bonds outstanding exceed the principal amount of assessments outstanding. Whether the payment is made during the
thirty-day prepayment period referred to in RCW 35.49.010
and 35.49.020 or thereafter and whenever all or part of a
remaining nondelinquent assessment or any nondelinquent
installment payment of principal and interest is paid, the
reserve fund balance shall be reduced accordingly as each
such sum is thus credited and applied to a nondelinquent
principal payment and a nondelinquent interest payment.
Each payment of a nondelinquent assessment or any nondelinquent installment payment of principal and interest shall
be reduced by the amount of the credit. The balance of a
reserve fund remaining after payment in full and retirement
of all local improvement bonds, notes, warrants, or other
short-term obligations secured by such fund shall be transferred to the municipality’s guaranty fund.
Where, before July 26, 1987, a municipality established
a reserve fund under this section that did not provide for a
credit or reimbursement of the money remaining in the
[Title 35 RCW—page 175]
35.51.040
Title 35 RCW: Cities and Towns
reserve fund to the owners of the lots, tracts, or parcels of
property subject to the assessments, the balance in the
reserve fund shall be distributed, after payment in full and
retirement of all local improvement district bonds and other
obligations secured by the reserve fund, to those owners of
the lots, tracts, or parcels of property subject to the assessments at the time the final installment or assessment payment on the lot, tract, or parcel was made. No owner is
eligible to receive reimbursement for a lot, tract, or parcel if
a lien on an unpaid assessment, or an installment thereon,
that was imposed on such property remains in effect at the
time the reimbursement is made or was foreclosed on the
property. The amount to be distributed to the owners of
each lot, tract, or parcel that is eligible for reimbursement
shall be equal to the balance in the reserve fund, multiplied
by the assessment imposed on the lot, tract, or parcel,
divided by the total of all the assessments on the lots, tracts,
or parcels eligible for reimbursement. [1987 c 340 § 1;
1985 c 397 § 8.]
35.51.050 Loan agreements—Assessments may be
pledged. Assessments for local improvements in a local
improvement district created by a municipality may be
pledged and applied when collected to the payment of its
obligations under a loan agreement entered into under
chapter 39.69 RCW to pay costs of improvements in such a
local improvement district. [1997 c 426 § 4.]
35.51.900 Authority supplemental—1985 c 397. The
authority granted by sections 1 through 8 of this act is
supplemental and in addition to the authority granted by
Title 35 RCW and to any other authority granted to cities,
towns, or municipal corporations to levy special assessments.
[1985 c 397 § 12.]
35.51.9001 Authority supplemental—1997 c 426.
The authority granted by RCW 35.51.050 is supplemental
and in addition to the authority granted by Title 35 RCW
and to any other authority granted to cities, towns, or
municipal corporations to levy, pledge, and apply special
assessments. [1997 c 426 § 5.]
35.51.901 Severability—1985 c 397. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 397 § 13.]
Chapter 35.53
LOCAL IMPROVEMENTS—DISPOSITION OF
PROPERTY ACQUIRED
Sections
35.53.010
35.53.020
35.53.030
35.53.040
35.53.050
35.53.060
Property to be held in trust—Taxability.
Discharge of trust.
Sale or lease of trust property.
Termination of trust in certain property.
Termination of trust in certain property—Complaint—
Allegations.
Termination of trust in certain property—Property—
Parties—Summons.
[Title 35 RCW—page 176]
35.53.070
Termination of trust in certain property—Receivership—
Regulations.
35.53.010 Property to be held in trust—Taxability.
Property bid in by the city or town or struck off to it
pursuant to proceedings for the foreclosure of local improvement assessment liens shall be held in trust by the city or
town for the fund of the improvement district or the revenue
bond fund into which assessments in utility local improvement districts are pledged to be paid for the benefit of which
the property was sold. Any property so held in trust shall be
exempt from taxation for general state, county and municipal
purposes during the period that it is so held. [1967 c 52 §
20; 1965 c 7 § 35.53.010. Prior: 1933 c 107 § 1, part; 1927
c 275 § 3, part; 1911 c 98 § 31, part; RRS § 9383, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.53.020 Discharge of trust. The city or town may
relieve itself of its trust relation to a local improvement
district fund or revenue bond fund into which utility local
improvement assessments are pledged to be paid as to any
lot, tract, or parcel of property by paying into the fund the
amount of the delinquent assessment for which the property
was sold and all accrued interest, together with interest to the
time of the next call of bonds or warrants against such fund
at the rate provided thereon. Upon such payment the city or
town shall hold the property discharged of the trust. [1967
c 52 § 21; 1965 c 7 § 35.53.020. Prior: 1933 c 107 § 1,
part; 1927 c 275 § 3, part; 1911 c 98 § 31, part; RRS §
9383, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.53.030 Sale or lease of trust property. A city or
town may lease or sell and convey any such property held in
trust by it, by virtue of the conveyance thereof to it by a
local improvement assessment deed. The sale may be public
or private and for such price and upon such terms as may be
determined by resolution of the council, any provisions of
law, charter, or ordinance to the contrary notwithstanding.
After first reimbursing any funds which may have advanced
moneys on account of any lot, tract, or parcel, all proceeds
resulting from lease or sale thereof shall ratably belong and
be paid into the funds of the local improvement concerned.
[1965 c 7 § 35.53.030. Prior: 1927 c 275 § 4; 1911 c 98 §
32; RRS § 9384.]
35.53.040 Termination of trust in certain property.
A city or town which has heretofore acquired or hereafter
acquires any property through foreclosure of delinquent
assessments for local improvements initiated or proceedings
commenced before June 8, 1927, may terminate its trust
therein by an action in the superior court, if all the bonds
and warrants outstanding in the local improvement district in
which the assessments were levied are delinquent. [1965 c
7 § 35.53.040. Prior: 1929 c 142 § 1, part; RRS § 9384-1,
part.]
35.53.050 Termination of trust in certain property—Complaint—Allegations. The complaint in any such
(2002 Ed.)
Local Improvements—Disposition of Property Acquired
action by a city or town to terminate its trust in property
acquired at a local improvement assessment sale shall set
forth:
(1) The number of the local improvement district or
utility local improvement district,
(2) The bonds and warrants owing thereby,
(3) The owners thereof or that the owners are unknown,
(4) A description of the assets of the district with the
estimated value thereof,
(5) The amount of the assessments, including penalty
and interest, of any other local improvement districts or
utility local improvement districts which are a lien upon the
same property,
(6) The amount of the bonds and warrants owing by
such other districts and the names of the owners thereof
unless they are unknown, except where the bonds and
warrants are guaranteed by a local improvement guaranty
fund or pursuant to any other form of guaranty authorized by
law. [1967 c 52 § 22; 1965 c 7 § 35.53.050. Prior: 1929
c 142 § 1, part; RRS § 9384-1, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
35.53.060 Termination of trust in certain property—Property—Parties—Summons. Two or more delinquent districts and all property, bonds and warrants therein
may be included in one action to terminate the trust.
All persons owning any bonds or warrants of the
districts involved in the action or having an interest therein
shall be made parties defendant except in cases where the
bonds or warrants are guaranteed by a local improvement
guaranty fund or pursuant to any other form of guaranty
authorized by law.
Summons shall be served as in other actions. Unknown
owners and unknown parties shall be served by publication.
[1965 c 7 § 35.53.060. Prior: 1929 c 142 § 1, part; RRS §
9384-1, part.]
Commencement of actions: Chapter 4.28 RCW.
35.53.070 Termination of trust in certain property—Receivership—Regulations. In such an action the
court after acquiring jurisdiction shall proceed as in the case
of a receivership except that the city or town shall serve as
trustee in lieu of a receiver.
The assets of the improvement districts involved shall
be sold at such prices and in such manner as the court may
deem advisable and be applied to the costs and expenses of
the action and the liquidation of the bonds and warrants of
the districts or revenue bonds to which utility local improvement assessments are pledged to pay.
No notice to present claims other than the summons in
the action shall be necessary. Any claim presented shall be
accompanied by the bonds and warrants upon which it is
based. Dividends upon any bonds or warrants for which no
claim was filed shall be paid into the general fund of the city
or town, but the owner thereof may obtain it at any time
within five years thereafter upon surrender and cancellation
of his bonds and warrants.
Upon the termination of the receivership the city or
town shall be discharged from all trusts relating to the
property, funds, bonds, and warrants involved in the action.
(2002 Ed.)
35.53.050
[1967 c 52 § 23; 1965 c 7 § 35.53.070. Prior: 1929 c 142
§ 1, part; RRS § 9384-1, part.]
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
Chapter 35.54
LOCAL IMPROVEMENTS—GUARANTY FUNDS
Sections
35.54.010
35.54.020
35.54.030
35.54.040
35.54.050
35.54.060
35.54.070
35.54.080
35.54.090
35.54.095
35.54.100
Establishment.
Rules and regulations.
Source—Interest and earnings.
Source—Subrogation rights to assessments.
Source—Surplus from improvement funds.
Source—Taxation.
Use of fund—Purchase of bonds, coupons and warrants.
Use of fund—Purchase of general tax certificates or property
on or after foreclosure—Disposition.
Warrants against fund.
Transfer of assets to general fund—When authorized—
Payment of claims as general obligation, when.
Deferral of collection of assessments for economically disadvantaged persons—Payment from guaranty fund—
Lien—Payment dates for deferred obligations.
35.54.010 Establishment. (1) There is established in
every city and town a fund to be designated the "local
improvement guaranty fund" for the purpose of guaranteeing,
to the extent of the fund, the payment of its local improvement bonds and warrants or other short-term obligations
issued to pay for any local improvement ordered in the city
or town or in any area wholly or partly outside its corporate
boundaries: (a) In any city of the first class having a
population of more than three hundred thousand, subsequent
to June 8, 1927; (b) in any city or town having created and
maintained a guaranty fund under chapter 141, Laws of
1923, subsequent to the date of establishment of such fund;
and (c) in any other city or town subsequent to April 7,
1926: PROVIDED, That this shall not apply to any city of
the first class which maintains a local improvement guaranty
fund under chapter 138, Laws of 1917, but any such city
maintaining a guaranty fund under chapter 138, Laws of
1917 may by ordinance elect to operate under the provisions
of this chapter and may transfer to the guaranty fund created
hereunder all the assets of the former fund and, upon such
election and transfer, all bonds guaranteed under the former
fund shall be guaranteed under the provisions of this chapter.
(2) The local improvement guaranty fund established
under subsection (1) of this section shall not be subject to
any claim by the owner or holder of any local improvement
bond, warrant, or other short-term obligation issued under an
ordinance that provides that such obligations shall not be
secured by the local improvement guaranty fund. [2002 c 41
§ 4; 1971 ex.s. c 116 § 7; 1965 c 7 § 35.54.010. Prior: (i)
1917 c 138 § 1; RRS § 8986. (ii) 1917 c 138 § 2; RRS §
8987. (iii) 1917 c 138 § 3; RRS § 8988. (iv) 1917 c 138 §
4; RRS § 8989. (v) 1917 c 138 § 5; RRS § 8990. (vi) 1917
c 138 § 6; RRS § 8991. (vii) 1927 c 209 § 1; 1925 ex.s. c
183 § 1; 1923 c 141 § 1; RRS § 9351-1. (viii) 1927 c 209
§ 2, part; 1925 ex.s. c 183 § 2, part; 1923 c 141 § 2, part;
RRS § 9351-2, part.]
[Title 35 RCW—page 177]
35.54.020
Title 35 RCW: Cities and Towns
35.54.020 Rules and regulations. Every city and
town operating under the provisions of this chapter shall
prescribe by ordinance appropriate rules and regulations for
the maintenance and operation of the guaranty fund not
inconsistent with the provisions of this chapter. [1965 c 7
§ 35.54.020. Prior: 1933 c 109 § 1, part; 1927 c 209 § 3,
part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS
§ 9351-3, part.]
35.54.030 Source—Interest and earnings. Interest
and earnings from the local improvement guaranty fund shall
be paid into the fund. [1965 c 7 § 35.54.030. Prior: 1933
c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c 183 § 3,
part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.040 Source—Subrogation rights to assessments. Whenever any sum is paid out of the local improvement guaranty fund on account of principal or interest of a
local improvement bond or warrant, the city or town as
trustee of the fund shall be subrogated to all the rights of the
holder of the bond or interest coupon or warrant so paid, and
the proceeds thereof, or of the underlying assessment, shall
become part of the guaranty fund. [1965 c 7 § 35.54.040.
Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s.
c 183 § 3, part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.050 Source—Surplus from improvement
funds. If in any local improvement fund guaranteed by a
local improvement guaranty fund there is a surplus remaining after the payment of all outstanding bonds and warrants
payable therefrom, it shall be paid into the local improvement guaranty fund. [1965 c 7 § 35.54.050. Prior: 1933 c
109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c 183 § 3,
part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.060 Source—Taxation. For the purpose of
maintaining the local improvement guaranty fund, every city
and town shall, at the time of making its annual budget and
tax levy, provide for the levy of a sum sufficient, with the
other sources of the fund, to pay the warrants issued against
the fund during the preceding fiscal year and to establish a
balance therein: PROVIDED, That the levy in any one year
shall not exceed the greater of: (1) Twelve percent of the
outstanding obligations guaranteed by the fund, or (2) the
total amount of delinquent assessments and interest accumulated on the delinquent assessments before the levy as of
September 1.
The taxes levied for the maintenance of the local
improvement guaranty fund shall be additional to and, if
need be, in excess of all statutory and charter limitations
applicable to tax levies in any city or town. [1981 c 323 §
7; 1965 c 7 § 35.54.060. Prior: (i) 1933 c 109 § 1, part;
1927 c 209 § 3, part; 1925 ex.s. c 183 § 3, part; 1923 c 141
§ 3, part; RRS § 9351-3, part. (ii) 1927 c 209 § 2, part;
1925 ex.s. c 183 § 2, part; 1923 c 141 § 2, part; RRS §
9351-2, part.]
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.54.070 Use of fund—Purchase of bonds, coupons
and warrants. Defaulted bonds, interest coupons and
[Title 35 RCW—page 178]
warrants against local improvement funds shall be purchased
out of the guaranty fund, and as between the several issues
of bonds, coupons, or warrants no preference shall exist, but
they shall be purchased in the order of their presentation.
[1965 c 7 § 35.54.070. Prior: 1933 c 109 § 1, part; 1927 c
209 § 3, part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3,
part; RRS § 9351-3, part.]
35.54.080 Use of fund—Purchase of general tax
certificates or property on or after foreclosure—
Disposition. For the purpose of protecting the guaranty
fund, so much of the guaranty fund as is necessary may be
used to purchase certificates of delinquency for general taxes
on property subject to local improvement assessments which
underlie the bonds, coupons, or warrants guaranteed by the
fund, or to purchase such property at county tax foreclosures,
or from the county after foreclosure.
The city or town, as trustee of the fund, may foreclose
the lien of general tax certificates of delinquency and
purchase the property at foreclosure sale; when doing so the
court costs, costs of publication, expense for clerical work
and other expenses incidental thereto shall be charged to and
paid from the local improvement guaranty fund.
After acquiring title to property by purchase at general
tax foreclosure sale or from the county after foreclosure, a
city or town may lease it or sell it at public or private sale
at such price on such terms as may be determined by
resolution of the council. All proceeds shall belong to and
be paid into the local improvement guaranty fund. [1965 c
7 § 35.54.080. Prior: 1933 c 109 § 1, part; 1927 c 209 § 3,
part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS
§ 9351-3, part.]
35.54.090 Warrants against fund. Warrants drawing
interest at a rate established by the issuing officer under the
direction of the legislative authority of the city or town shall
be issued against the local improvement guaranty fund to
meet any liability accruing against it. The warrants so
issued shall at no time exceed five percent of the outstanding
obligations guaranteed by the fund. [1981 c 323 § 8; 1965
c 7 § 35.54.090. Prior: 1933 c 109 § 1, part; 1927 c 209 §
3, part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part;
RRS § 9351-3, part.]
35.54.095 Transfer of assets to general fund—When
authorized—Payment of claims as general obligation,
when. (1) Any city or town maintaining a local improvement guaranty fund under this chapter, upon certification by
the city or town treasurer that the local improvement
guaranty fund has sufficient funds currently on hand to meet
all valid outstanding obligations of the fund and all other
obligations of the fund reasonably expected to be incurred in
the near future, may by ordinance transfer assets from such
fund to its general fund. The net cash of the local improvement guaranty fund may be reduced by such transfer to an
amount not less than ten percent of the net outstanding
obligations guaranteed by such fund.
(2) If, at any time within five years of any transfer of
assets from the local improvement guaranty fund to the
general fund of a city or town, the net cash of the local
improvement guaranty fund is reduced below the minimum
(2002 Ed.)
Local Improvements—Guaranty Funds
amount specified in subsection (1) of this section, the city or
town shall, to the extent of the amount transferred, pay valid
claims against the local improvement guaranty fund as a
general obligation of the city or town. In addition, such city
or town shall pay all reasonable costs of collection necessarily incurred by the holders of valid claims against the local
improvement guaranty fund. [1979 c 55 § 1.]
35.54.100 Deferral of collection of assessments for
economically disadvantaged persons—Payment from
guaranty fund—Lien—Payment dates for deferred
obligations. Whenever payment of a local improvement
district assessment is deferred pursuant to the provisions of
RCW 35.43.250 the amount of the deferred assessment shall
be paid out of the local improvement guaranty fund. The
local improvement guaranty fund shall have a lien on the
benefited property in an amount equal to the deferral
together with interest as provided for by the establishing
ordinance.
The lien may accumulate up to an amount not to exceed
the sum of two installments: PROVIDED, That the ordinance creating the local improvement district may provide
for one or additional deferrals of up to two installments.
Local improvement assessment obligations deferred under
chapter 137, Laws of 1972 ex. sess. shall become payable
upon the earliest of the following dates:
(1) Upon the date and pursuant to conditions established
by the political subdivision granting the deferral; or
(2) Upon the sale of property which has a deferred
assessment lien upon it from the purchase price; or
(3) Upon the death of the person to whom the deferral
was granted from the value of his estate; except a surviving
spouse shall be allowed to continue the deferral which shall
then be payable by that spouse as provided in this section.
[1972 ex.s. c 137 § 3.]
Severability—1972 ex.s. c 137: See note following RCW 35.49.010.
Chapter 35.55
LOCAL IMPROVEMENTS—FILLING LOWLANDS
Sections
35.55.010
35.55.020
35.55.030
35.55.040
35.55.050
35.55.060
35.55.070
35.55.080
35.55.090
35.55.100
35.55.110
35.55.120
35.55.130
35.55.140
35.55.150
35.55.160
35.55.170
35.55.180
35.55.190
(2002 Ed.)
Authority—Second class cities.
Alternative methods of financing.
Boundaries—Excepted property.
Damages—Eminent domain.
Estimates—Plans and specifications.
Assessment roll—Items—Assessment units—Installments.
Hearing on assessment roll—Notice—Council’s authority.
Hearings—Appellate review.
Lien—Collection of assessments.
Interest on assessments.
Payment of cost of improvement—Interest on warrants.
Local improvement bonds—Terms.
Local improvement bonds—Guaranties.
Local improvement bonds and warrants—Sale to pay damages, preliminary financing.
Local improvement fund—Investment.
Letting contract for improvement—Excess or deficiency of
fund.
Payment of contractor—Bonds, warrants, cash.
Reassessments.
Provisions of chapter not exclusive.
35.54.095
Assessments and charges against state lands: Chapter 79.44 RCW.
35.55.010 Authority—Second class cities. If the city
council of any city of the second class deems it necessary or
expedient on account of the public health, sanitation, the
general welfare, or other cause, to fill or raise the grade of
any marshlands, swamplands, tidelands, shorelands, or lands
commonly known as tideflats, or any other lowlands situated
within the limits of the city, and to clear and prepare the
lands for such filling, it may do so and assess the expense
thereof, including the cost of making compensation for
property taken or damaged, and all other costs and expense
incidental to such improvement, to the property benefited,
except such amount of such expense as the city council may
direct to be paid out of the current or general expense fund.
If, in the judgment of the city council the special
benefits for any such improvement shall extend beyond the
boundaries of the filled area, the council may create an
enlarged district which shall include, as near as may be, all
the property, whether actually filled or not, which will be
specially benefited by such improvement, and in such case
the council shall specify and describe the boundaries of such
enlarged district in the ordinance providing for such improvement and shall specify that such portion of the total
cost and expense of such improvement as may not be borne
by the current or general expense fund, shall be distributed
and assessed against all the property of such enlarged
district. [1994 c 81 § 57; 1965 c 7 § 35.55.010. Prior:
1917 c 63 § 1; 1909 c 147 § 1; RRS § 9432.]
35.55.020 Alternative methods of financing. If the
city council desires to make any improvement authorized by
the provisions of this chapter it shall provide therefor by
ordinance and unless the ordinance provides that the improvement shall be paid for wholly or in part by special
assessments upon the property benefited, compensation
therefor shall be made from any general funds of the city
applicable thereto. If the ordinance provides that the
improvement shall be paid for wholly or in part by special
assessments upon property benefited, the proceedings for the
making of the special assessments shall be as hereinafter
provided. [1965 c 7 § 35.55.020. Prior: 1909 c 147 § 2,
part; RRS § 9433, part.]
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.55.030 Boundaries—Excepted property. Such
ordinance shall specify the boundaries of the proposed
improvement district and shall describe the lands which it is
proposed to assess for said improvement. If any parcel of
land within the boundaries of such proposed improvement
district has been wholly filled to the proposed grade elevation of the proposed fill, such parcel of land may be excluded from the lists of lands to be assessed, when in the opinion
of the city council justice and equity require its exclusion.
The boundaries of any improvement district may be altered
so as to exclude land therefrom at any time up to the levying
of the assessment but such changing of the boundaries shall
be by ordinance. [1965 c 7 § 35.55.030. Prior: 1909 c 147
§ 2, part; RRS § 9433, part.]
[Title 35 RCW—page 179]
35.55.040
Title 35 RCW: Cities and Towns
35.55.040 Damages—Eminent domain. If an
ordinance has been passed as in this chapter provided, and
it appears that in making of the improvement so authorized,
private property will be taken or damaged thereby, the city
shall file a petition in the superior court of the county in
which such city is situated, in the name of the city, praying
that just compensation to be made for the property to be
taken or damaged for the improvement specified in the
ordinance be ascertained, and conduct proceedings in
eminent domain in accordance with the statutes relating to
cities for the ascertainment of the compensation to be made
for the taking and damaging of property, except insofar as
the same may be inconsistent with this chapter.
The filling of unimproved and uncultivated lowlands of
the character mentioned in RCW 35.55.010 shall not be
considered as damaging or taking of such lands. The
damage if any, done to cultivated lands or growing crops
thereon, or to buildings and other improvements situated
within the district proposed to be filled, shall be ascertained
and determined in the manner above provided; but no
damage shall be awarded to any property owner for buildings or improvements placed upon lands included within said
district after the publication of the ordinance defining the
boundaries of the proposed improvement district: PROVIDED, That the city shall after the passage of such ordinance,
proceed with said improvement with due diligence. If the
improvement is to be made at the expense of the property
benefited, no account shall be taken of benefits by the jury
or court in assessing the amount of compensation to be made
to the owner of any property within such district, but such
compensation shall be assessed without regard to benefits to
the end that said property for which damages may be so
awarded, may be assessed the same as other property within
the district for its just share and proportion of the expense of
making said improvement, and the fact that compensation
has been awarded for the damaging or taking of any parcel
of land shall not preclude the assessment of such parcel of
land for its just proportion of said improvement. [1965 c 7
§ 35.55.040. Prior: 1909 c 147 § 3; RRS § 9434.]
Eminent domain by cities: Chapter 8.12 RCW.
35.55.050 Estimates—Plans and specifications. At
the time of the initiation of the proceedings for any improvement as contemplated by this chapter, or at any time
afterward, the city council shall cause plans and specifications for said improvement to be prepared and shall cause an
estimate to be made of the cost and expense of making said
improvement, including the cost of supervision and engineering, abstractor’s fees, interest and discounts and all other
expenses incidental to said improvement, including an
estimate of the amount of damages for property taken or
damaged, which plans, specifications and estimates shall be
approved by the city council. [1965 c 7 § 35.55.050. Prior:
1909 c 147 § 4; RRS § 9435.]
35.55.060 Assessment roll—Items—Assessment
units—Installments. When such plans and specifications
have been prepared and the estimates of the cost and
expense of making the improvement have been adopted by
the council and when an estimate has been made of the
compensation to be paid for property damaged or taken,
[Title 35 RCW—page 180]
either before or after the compensation has been ascertained
in the eminent domain proceedings, the city council shall
cause an assessment roll to be prepared containing a list of
all of the property within the improvement district which it
is proposed to assess for the improvement, together with the
names of the owners, if known, and if unknown the property
shall be assessed to an unknown owner, and opposite each
description shall be set the amount assessed to such description.
When so ordered by the council, the entire amount of
compensation paid or to be paid for property damaged or
taken, including all of the costs and expenses incidental to
the condemnation proceedings together with the entire cost
and expense of making the improvement, may be assessed
against the property within the district subject to assessment,
but the council may order any portion of the costs paid out
of the current or general expense fund of the city.
The assessments shall be made according to and in
proportion to surface area one square foot of surface to be
the unit of assessment, except that the several parcels of land
in any enlarged district not actually filled shall be assessed
in accordance with special benefits: PROVIDED, That
where any parcel of land was partially filled by the owner
prior to the initiation of the improvement, an equitable
deduction for such partial filling may be allowed.
The cost and expense incidental to the filling of the
streets, alleys and public places within such assessment
district shall be borne by the private property within such
district subject to assessment when so ordered by the
council. When the assessments are payable in installments,
the assessment roll when equalized, shall show the number
of installments and the amounts thereof. The assessments
may be made payable in any number of equal annual
installments not exceeding ten in number. [1965 c 7 §
35.55.060. Prior: 1917 c 63 § 2; 1909 c 147 § 5; RRS §
9436.]
35.55.070 Hearing on assessment roll—Notice—
Council’s authority. When such assessment roll has been
prepared it shall be filed in the office of the city clerk and
thereupon the city clerk shall give notice by publication in
at least three issues of the official paper that such roll is on
file in his office and that at a date mentioned in said notice,
which shall be at least twenty days after the date of the first
publication thereof, the city council will sit as a board of
equalization to equalize said roll and to hear, consider and
determine protests and objections against the same.
At the time specified in the notice, the city council shall
sit as a board of equalization to equalize the roll and they
may adjourn the sitting from time to time until the equalization of such roll is completed. The city council as board of
equalization may hear, consider and determine objections and
protests against any assessment and may make such alterations and modifications in the assessment roll as justice and
equity may require. [1965 c 7 § 35.55.070. Prior: 1909 c
147 § 6; RRS § 9437.]
35.55.080 Hearings—Appellate review. Any person
who has made objections to the assessment as equalized,
shall have the right to appeal from the equalization as made
by the city council to the superior court of the county. The
(2002 Ed.)
Local Improvements—Filling Lowlands
appeal shall be made by filing a written notice of appeal
with the city clerk within ten days after the equalization of
the assessments by the council. The notice of appeal shall
describe the property and the objections of such appellant to
such assessment.
The appellant shall also file with the clerk of the
superior court within ten days from the time of taking the
appeal a copy of the notice of appeal together with a copy
of the assessment roll and proceedings thereon, certified by
the city clerk and a bond to the city conditioned to pay all
costs that may be awarded against appellant in such sum not
less than two hundred dollars and with such security as shall
be approved by the clerk of the court.
The case shall be docketed by the clerk of the court in
the name of the person taking the appeal as plaintiff and the
city as defendant. The cause shall then be at issue and shall
be tried immediately by the court as in the case of equitable
causes; no further pleadings shall be necessary. The
judgment of the court shall be either to confirm, modify or
annul the assessment insofar as the same affects the property
of the appellant. Appellate review of the superior court’s
decision may be sought as in other causes. [1988 c 202 §
38; 1971 c 81 § 94; 1965 c 7 § 35.55.080. Prior: 1909 c
147 § 7; RRS § 9438.]
Severability—1988 c 202: See note following RCW 2.24.050.
35.55.090 Lien—Collection of assessments. From
and after the equalization of the roll, the several assessments
therein shall become a lien upon the real estate described
therein and shall remain a lien until paid. The assessment
lien shall take precedence of all other liens against such
property, except the lien of general taxes. The assessments
shall be collected by the same officers and enforced in the
same manner as provided by law for the collection and
enforcement of local assessments for street improvements.
All of the provisions of laws and ordinances relative to the
enforcement and collection of local assessments for street
improvements shall be applicable to these assessments.
[1965 c 7 § 35.55.090. Prior: 1909 c 147 § 8; RRS §
9439.]
Assessments for local improvements, collection and foreclosure: Chapters
35.49, 35.50 RCW.
35.55.100 Interest on assessments. The local
assessments shall bear interest at such rate as may be fixed
by the council after the expiration of thirty days after the
equalization of the assessment roll and shall bear such
interest after delinquency as may be provided by general
ordinance of the city. [1981 c 156 § 3; 1965 c 7 §
35.55.100. Prior: 1909 c 147 § 12, part; RRS § 9443, part.]
35.55.110 Payment of cost of improvement—
Interest on warrants. If the improvement contemplated by
this chapter is ordered to be made upon the immediate
payment plan, the city council shall provide for the payment
thereof by the issuance of local improvement fund warrants
against the local improvement district, which warrants shall
be paid only out of the funds derived from the local assessments in the district and shall bear interest at a rate determined by the city council from date of issuance. If the
improvement is ordered to be made upon the bond install(2002 Ed.)
35.55.080
ment plan, the city council shall provide for the issuance of
bonds against the improvement district. [1981 c 156 § 4;
1965 c 7 § 35.55.110. Prior: (i) 1909 c 147 § 12, part;
RRS § 9443, part. (ii) 1909 c 147 § 9; RRS § 9440.]
35.55.120 Local improvement bonds—Terms. The
city council shall have full authority to provide for the
issuance of bonds against the improvement district fund in
such denominations as the city council may provide which
shall bear such rate of interest as the city council may fix.
Interest shall be paid annually and the bonds shall become
due and payable at such time, not exceeding ten years from
the date thereof, as may be fixed by the council and shall be
payable out of the local assessment district fund.
If so ordered by the council, the bonds may be issued
in such a way that different numbers of the bonds may
become due and payable at different intervals of time, or
they may be so issued that all of the bonds against said
district mature together. [1981 c 156 § 5; 1965 c 7 §
35.55.120. Prior: 1909 c 147 § 10, part; RRS § 9441, part.]
35.55.130 Local improvement bonds—Guaranties.
The city may guarantee the payment of the whole or any
part of the bonds issued against a local improvement district,
but the guaranties on the part of the city, other than a city
operating under the council-manager form or the commission
form, shall be made only by ordinance passed by the vote of
not less than nine councilmembers and the approval of the
mayor in noncharter code cities that retained the old second
class city plan of government with twelve council positions,
and six councilmembers and approval of the mayor in cities
of the second class. In a city under the council-manager
form of government, such guaranties shall be made only in
an ordinance passed by a vote of three out of five or five out
of seven councilmembers, as the case may be, and approval
of the mayor. In a city under the commission form of
government, such guaranties shall be made only in an
ordinance passed by a vote of two out of three of the
commissioners. The mayor’s approval shall not be necessary
in commission form cities. [1994 c 81 § 58; 1965 c 7 §
35.55.130. Prior: 1909 c 147 § 10, part; RRS § 9441, part.]
35.55.140 Local improvement bonds and warrants—Sale to pay damages, preliminary financing. The
city council may negotiate sufficient warrants or bonds
against any local improvement district at a price not less
than ninety-five percent of their par value to raise sufficient
money to pay any and all compensation which may be
awarded for property damaged or taken in the eminent
domain proceedings including the costs of such proceedings.
In lieu of so doing, the city council may negotiate current or
general expense fund warrants at par to raise funds for the
payment of such compensation and expenses in the first
instance, but in that event the current or general expense
fund shall be reimbursed out of the first moneys collected in
any such local assessment district or realized from the
negotiation or sale of local improvement warrants or bonds.
[1965 c 7 § 35.55.140. Prior: 1909 c 147 § 11; RRS §
9442.]
[Title 35 RCW—page 181]
35.55.150
Title 35 RCW: Cities and Towns
35.55.150 Local improvement fund—Investment.
If money accumulates in an improvement fund and is likely
to lie idle awaiting the maturity of the bonds against the
district, the city council, under proper safeguards, may invest
it temporarily, or may borrow it temporarily, at a reasonable
rate of interest, but when so invested or borrowed, the city
shall be responsible and liable for the restoration to such
fund of the money so invested or borrowed with interest
thereon, whenever required for the redemption of bonds
maturing against such district. [1965 c 7 § 35.55.150. Prior:
1909 c 147 § 15; RRS § 9446.]
35.55.160 Letting contract for improvement—
Excess or deficiency of fund. The contract for the making
of the improvement may be let either before or after the
making up of the equalization of the assessment roll, and
warrants, or bonds may be issued against the local improvement district fund either before or after the equalization of
the roll as in the judgment of the council may best subserve
the public interest.
If, after the assessment roll is made up and equalized,
based in whole or in part upon an estimate of the cost of the
improvement, and it is found that the estimate was too high,
the excess shall be rebated pro rata to the property owners
on the assessment roll, the rebates to be deducted from the
last installment, or installments, when the assessment is upon
the installment plan.
If it is found that the estimated cost was too low and
that the actual bona fide cost of the improvement is greater
than the estimate, the city council, after due notice and a
hearing, as in case of the original equalization of the roll,
may add the required additional amount to the assessment
roll to be apportioned among the several parcels of property
upon the same rules and principles as if it had been originally included, except that the additional amount shall be added
to the last installment of an assessment if assessments are
payable upon the installment plan. The same notice shall be
required for adding to the assessment roll in this manner as
is required for the original equalization of the roll, and the
property owner shall have the right of appeal. [1965 c 7 §
35.55.160. Prior: 1909 c 147 § 13; RRS § 9444.]
35.55.170 Payment of contractor—Bonds, warrants,
cash. The city council may provide in letting the contract
for an improvement, that the contractor shall accept special
fund warrants or local improvement bonds against the local
improvement district within which such improvement is to
be made, in payment for the contract price of the work, and
that the warrants or bonds may be issued to the contractor
from time to time as the work progresses, or the city council
may negotiate the special fund warrants or bonds against the
local improvement district at not less than ninety-five cents
in money for each dollar of warrants or bonds, and with the
proceeds pay the contractor for the work and pay the other
costs of such improvement. [1965 c 7 § 35.55.170. Prior:
1909 c 147 § 14; RRS § 9445.]
35.55.180 Reassessments. If any assessment is found
to be invalid for any cause or if it is set aside for any reason
in judicial proceeding, a reassessment may be made and all
laws relative to the reassessment of local assessments, for
[Title 35 RCW—page 182]
street or other improvements, shall, as far as practicable, be
applicable hereto. [1965 c 7 § 35.55.180. Prior: 1909 c
147 § 16; RRS § 9447.]
35.55.190 Provisions of chapter not exclusive. The
provisions of this chapter shall not be construed as repealing
or in any wise affecting any existing laws relative to the
making of any such improvements, but shall be considered
as concurrent therewith. [1965 c 7 § 35.55.190. Prior:
1909 c 147 § 17; RRS § 9448.]
Chapter 35.56
LOCAL IMPROVEMENTS—FILLING AND
DRAINING LOWLANDS—WATERWAYS
Sections
35.56.010
35.56.020
35.56.030
35.56.040
35.56.050
35.56.060
35.56.070
35.56.080
35.56.090
35.56.100
35.56.110
35.56.120
35.56.130
35.56.140
35.56.150
Authority—First and second class cities.
Alternative methods of financing.
Boundaries—Excepted property.
Conditions precedent to passage of ordinance—Protests.
Damages—Eminent domain.
Estimates—Plans and specifications.
Assessment roll—Items—Assessment units—Installments.
Hearing on assessment roll—Notice—Council’s authority.
Hearing—Appellate review.
Lien—Collection of assessments.
Interest on assessments.
Payment of cost of improvement—Interest on warrants.
Local improvement bonds—Terms.
Local improvement bonds—Guaranties.
Local improvement bonds and warrants—Sale to pay damages—Preliminary financing.
35.56.160 Local improvement fund—Investment.
35.56.170 Letting contracts for improvement—Excess or deficiency of
fund.
35.56.180 Payment of contractor—Bonds—Warrants—Cash.
35.56.190 Tax levy—General—Purposes—Limit.
35.56.200 Waterways constructed—Requirements.
35.56.210 Waterways constructed—Control.
35.56.220 Waterways constructed—Leasing facilities.
35.56.230 Waterway shoreline front—Lessee must lease abutting property.
35.56.240 Waterways constructed—Acquisition of abutting property.
35.56.250 Waterways—Abutting city owned lands—Lease of.
35.56.260 Waterways—Abutting lands—Lessee must lease shoreline
property.
35.56.270 Work by day labor.
35.56.280 Reassessments.
35.56.290 Provisions of chapter not exclusive.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.56.010 Authority—First and second class cities.
If the city council or commission of any city of the first or
second class in this state deems it necessary or expedient on
account of the public health, sanitation, the general welfare,
or other cause, to fill or raise the grade or elevation of any
marshlands, swamplands, tidelands or lands commonly
known as tideflats, or any other lands situated within the
limits of such city and to clear and prepare said lands for
such filling it may do so by proceeding in accordance with
the provisions of this chapter.
For the purpose of filling and raising the grade or
elevation of such lands and to secure material therefor and
to provide for the proper drainage thereof after such fill has
been effected, the city council or commission may acquire
rights of way (and where necessary or desirable, may vacate,
(2002 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
use and appropriate streets and alleys for such purposes) and
lay out, build, construct and maintain over and across such
lowlands, canals or artificial waterways of at least sufficient
width, depth and length to provide and afford the quantity of
earth, dirt and material required to complete such fill, and
with the earth, dirt and material removed in digging and
constructing such canals and waterways, fill and raise the
grade or elevation of such marshlands, swamplands, tidelands or tideflats; and such canals or waterways shall be
constructed of such width and depth (provided that all the
earth, dirt and other suitable material removed in constructing the same shall be used to fill the lowlands as herein
provided) as will make them available, convenient and
suitable to provide water frontage for landings, wharves and
other conveniences of navigation and commerce for the use
and benefit of the city and the public. If canals or waterways are to be constructed as herein provided, such city may
construct and maintain the necessary bridges over and across
the same; such canals or waterways shall be forever under
the control of such city and shall be and become public
thoroughfares and waterways for the use and benefit of
commerce, shipping, the city and the public generally.
The expense of making such improvement and in doing,
accomplishing and effecting all the work provided for in this
chapter including the cost of making compensation for
property taken or damaged, and all other cost and expense
incidental to such improvement, shall be assessed to the
property benefited, except such amount of such expense as
the city council or commission, in its discretion, may direct
to be paid out of the current or general expense fund. [1994
c 81 § 59; 1965 c 7 § 35.56.010. Prior: 1929 c 63 § 1;
1913 c 16 § 1; RRS § 9449.]
35.56.020 Alternative methods of financing. If the
city council or commission desires to make any improvement
authorized by the provisions of this chapter it shall provide
therefor by ordinance and unless the ordinance provides that
the improvement shall be paid for wholly or in part by
special assessment upon the property benefited, compensation therefor shall be made from any general or special funds
of the city applicable thereto. If the ordinance provides that
the improvement shall be paid for wholly or in part by
special assessments upon property benefited, the proceedings
for the making of such special assessment shall be as
hereafter provided. [1965 c 7 § 35.56.020. Prior: 1913 c
16 § 2, part; RRS § 9450, part.]
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.56.030 Boundaries—Excepted property. Such
ordinance shall specify the boundaries of the proposed
improvement district and shall describe the lands which it is
proposed to assess for said improvement, and shall provide
for the filling of such lowlands and shall outline the general
scheme or plan of such fill. If any parcel of land within the
boundaries of such proposed improvement district prior to
the initiation of the improvement has been wholly filled to
the proposed grade or elevation of the proposed fill, such
parcel of land may be excluded from the lands to be assessed when in the opinion of the city council or commission
justice and equity require its exclusion. The boundaries of
(2002 Ed.)
35.56.010
any improvement district may be altered so as to exclude
land therefrom at any time up to the levying of the assessment but such changing of the boundaries shall be by
ordinance. [1965 c 7 § 35.56.030. Prior: 1913 c 16 § 2,
part; RRS § 9450, part.]
35.56.040 Conditions precedent to passage of
ordinance—Protests. Upon the introduction of an ordinance providing for such fill, if the city council or commission desires to proceed, it shall fix a time, not less than ten
days, in which protests against said fill may be filed in the
office of the city clerk. Thereupon it shall be the duty of the
clerk of said city to publish in the official newspaper of said
city in at least two consecutive issues thereof before the time
fixed for the filing of protests, a notice of the time fixed for
the filing of protests together with a copy of the proposed
ordinance as introduced.
Protests against the proposed fill to be effective must be
filed by the owners of more than half of the area of land
situated within the proposed filling district exclusive of
streets, alleys and public places on or before the date fixed
for such filing. If an effective protest is filed the council
shall not proceed further unless two-thirds of the members
of the city council vote to proceed with the work; if the city
is operating under a commission form of government
composed of three commissioners, the commission shall not
proceed further except by a unanimous affirmative vote of
all the members thereof, if the commission is composed of
five members, at least four affirmative votes thereof shall be
necessary before proceeding.
If no effective protest is filed or if an effective protest
is filed and two-thirds of the councilmen vote to proceed
with the work or in cases where cities are operating under
the commission form of government, the commissioners vote
unanimously or four out of five commissioners vote to
proceed with the work, the city council or commission shall
at such meeting or in a succeeding meeting proceed to pass
the proposed ordinance for the work, with such amendments
and modifications as to the said city council or commission
of said city may seem proper. The local improvement
district shall be called "filling district No. . . . ." [1965 c 7
§ 35.56.040. Prior: 1913 c 16 § 2, part; RRS § 9450, part.]
35.56.050 Damages—Eminent domain. If an
ordinance is passed as in this chapter provided, and it
appears that in making of the improvements so authorized,
private property will be taken or damaged thereby within or
without the city, the city shall file a petition in the superior
court of the county in which such city is situated, in the
name of the city, praying that just compensation be made for
the property to be taken or damaged for the improvement
specified in the ordinance and conduct proceedings in
eminent domain in accordance with the statutes relating to
cities for the ascertainment of the compensation to be made
for the taking and damaging of property, except insofar as
the same may be inconsistent with this chapter.
The filling of unimproved and uncultivated lowlands of
the character mentioned in RCW 35.56.010 shall not be
considered as a damaging or taking of such lands. The
damage, if any, done to cultivated lands or growing crops
thereon, or to buildings and other improvements situated
[Title 35 RCW—page 183]
35.56.050
Title 35 RCW: Cities and Towns
within the district proposed to be filled shall be ascertained
and determined in the manner above provided; but no
damage shall be awarded to any property owner for buildings or improvements placed upon lands included within said
district after the publication of the ordinance defining the
boundaries of the proposed improvement district: PROVIDED, That the city shall, after the passage of such ordinance,
proceed with said improvement with due diligence.
If the improvement is to be made at the expense of the
property benefited, no account shall be taken of benefits by
the jury or court in assessing the amount of compensation to
be made to the owner of any property within such district,
but such compensation shall be assessed without regard to
benefits to the end that said property for which damages may
be so awarded, may be assessed the same as other property
within the district for its just share and proportion of the
expense of making said improvement, and the fact that
compensation has been awarded for the damaging or taking
of any parcel of land shall not preclude the assessment of
such parcel of land for its just proportion of said improvement. [1965 c 7 § 35.56.050. Prior: (i) 1913 c 16 § 3;
RRS § 9451. (ii) 1929 c 63 § 4; 1913 c 16 § 21; RRS §
9469.]
Eminent domain, cities: Chapter 8.12 RCW.
35.56.060 Estimates—Plans and specifications. At
the time of the initiation of the proceedings for any improvement as contemplated by this chapter or at any time afterward, the city council or commission shall cause plans and
specifications for said improvement to be prepared and shall
cause an estimate to be made of the cost and expense of
making said improvement, including the cost of supervision
and engineering, abstractor’s fees, interest and discounts and
all other expenses incidental to said improvement, including
an estimate of the amount of damages for property taken or
damaged, which plans, specifications and estimates shall be
approved by the city council or commission. [1965 c 7 §
35.56.060. Prior: 1913 c 16 § 4; RRS § 9452.]
35.56.070 Assessment roll—Items—Assessment
units—Installments. When such plans and specifications
shall have been prepared and the estimate of the cost and
expense of making the improvement has been adopted by the
council or commission and when an estimate has been made
of the compensation to be paid for property damaged or
taken, either before or after the compensation has been
ascertained in the eminent domain proceedings, the city
council or commission shall cause an assessment roll to be
prepared containing a list of all the property within the
improvement district which it is proposed to assess for the
improvements together with the names of the owners, if
known, and if unknown, the property shall be assessed to an
unknown owner, and opposite each description shall be set
the amount assessed to such description.
When so ordered by the city council or commission, the
entire amount of compensation paid or to be paid for
property damaged or taken, including all of the costs and
expenses incidental to the condemnation proceedings
together with the entire cost and expense of making the
improvement may be assessed against the property within the
district subject to assessment, but the city council or com[Title 35 RCW—page 184]
mission may order any portion of the costs paid out of the
current or general expense fund of the city. The assessments
shall be made according to and in proportion to surface area,
one square foot of surface to be the unit of assessment:
PROVIDED, That where any parcel of land was wholly or
partially filled by the owner prior to the initiation of the
improvement an equitable deduction for such filling or
partial filling may be allowed.
The cost and expense incidental to the filling of the
streets, alleys and public places within said assessment
district shall be borne by the private property within such
district subject to assessment when so ordered by the city
council or commission. When the assessments are payable
in installments, the assessment roll when equalized shall
show the number of installments and the amounts thereof.
The assessment may be made payable in any number of
equal annual installments not exceeding fifteen in number.
[1965 c 7 § 35.56.070. Prior: 1913 c 16 § 5; RRS § 9453.]
35.56.080 Hearing on assessment roll—Notice—
Council’s authority. When such assessment roll has been
prepared it shall be filed in the office of the city clerk and
thereupon the city clerk shall give notice by publication in
at least three issues of the official paper that such roll is on
file in his office and on a date mentioned in said notice,
which shall be at least twenty days after the date of the first
publication thereof, the city council or commission will sit
as a board of equalization to equalize said roll and to hear,
consider and determine protests and objections against the
same.
At the time specified in the notice, the city council or
commission shall sit as a board of equalization to equalize
the roll and they may adjourn the sitting from time to time
until the equalization of such roll is completed. The city
council or commission as such board of equalization may
hear, consider and determine objections and protests against
any assessment and make such alterations and modifications
in the assessment roll as justice and equity may require.
[1965 c 7 § 35.56.080. Prior: 1913 c 16 § 6; RRS § 9454.]
35.56.090 Hearing—Appellate review. Any person
who has made objections to the assessment as equalized,
shall have the right to appeal from the equalization as made
by the city council or commission to the superior court of
the county. The appeal shall be made by filing a written
notice of appeal with the city clerk within ten days after the
equalization of the assessments by the council or commission. The notice of appeal shall describe the property and
the objections of such appellant to such assessment.
The appellant shall also file with the clerk of the
superior court within ten days from the time of taking the
appeal a copy of the notice of appeal together with a copy
of the assessment roll and proceedings thereon, certified by
the city clerk and a bond to the city conditioned to pay all
costs that may be awarded against appellant in such sum not
less than two hundred dollars, and with such security as shall
be approved by the clerk of the court.
The case shall be docketed by the clerk of the court in
the name of the person taking the appeal as plaintiff, and the
city as defendant. The cause shall then be at issue and shall
be tried immediately by the court as in the case of equitable
(2002 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
causes; no further pleadings shall be necessary. The
judgment of the court shall be either to confirm, modify or
annul the assessment insofar as the same affects the property
of the appellant. Appellate review of the superior court’s
decision may be sought as in other causes. [1988 c 202 §
39; 1971 c 81 § 95; 1965 c 7 § 35.56.090. Prior: 1913 c 16
§ 7; RRS § 9455.]
Severability—1988 c 202: See note following RCW 2.24.050.
35.56.100 Lien—Collection of assessments. From
and after the equalization of the roll, the several assessments
therein shall become a lien upon the real estate described
therein and shall remain a lien until paid. The assessment
lien shall take precedence of all other liens against such
property, except the lien of general taxes. The assessments
shall be collected by the same officers and enforced in the
same manner as provided by law for the collection and
enforcement of local assessments for street improvements.
All of the provisions of laws and ordinances relative to the
guaranty, enforcement, and collection of local assessments
for street improvements, including foreclosure in case of
delinquency, shall be applicable to these assessments. [1965
c 7 § 35.56.100. Prior: 1929 c 63 § 2; 1913 c 16 § 8; RRS
§ 9456.]
Assessments for local improvements, collection and foreclosure: Chapters
35.49, 35.50 RCW.
35.56.110 Interest on assessments. The local
assessments shall bear interest at such rate as may be fixed
by the council or commission from and after the expiration
of thirty days after the equalization of the assessment roll
and shall bear such interest after delinquency as may be
provided by general ordinance of the city. [1981 c 156 § 6;
1965 c 7 § 35.56.110. Prior: 1929 c 63 § 3; 1913 c 16 §
12; RRS § 9460.]
35.56.120 Payment of cost of improvement—
Interest on warrants. If the improvement contemplated by
this chapter is ordered to be made upon the immediate
payment plan, the city council or commission shall provide
for the payment thereof by the issuance of local improvement fund warrants against the local improvement district,
which warrants shall be paid only out of the funds derived
from the local assessments in the district and shall bear
interest at a rate determined by the city council or commission from date of issuance. If the improvement is ordered
to be made upon the bond installment plan, the city council
or commission shall provide for the issuance of bonds
against the improvement district. [1981 c 156 § 7; 1965 c
7 § 35.56.120. Prior: 1913 c 16 § 9; RRS § 9457.]
35.56.130 Local improvement bonds—Terms. The
city council or commission shall have full authority to
provide for the issuance of such bonds against the improvement district fund in such denominations as the city council
or commission may provide, which shall bear such rate of
interest as the city council or commission may fix. Interest
shall be paid annually and the bonds shall become due and
payable at such time, not exceeding fifteen years from the
date thereof, as may be fixed by the said council or commis(2002 Ed.)
35.56.090
sion and shall be payable out of the assessment district
funds.
If so ordered by the council or commission, the bonds
may be issued in such a way that different numbers of the
bonds may become due and payable at different intervals of
time, or they may be so issued that all of the bonds against
said district mature together. The city may reserve the right
to call or mature any bond on any interest paying date when
sufficient funds are on hand for its redemption; but bonds
shall be called in numerical order. [1981 c 156 § 8; 1965 c
7 § 35.56.130. Prior: 1913 c 16 § 10, part; RRS § 9458,
part.]
35.56.140 Local improvement bonds—Guaranties.
The city may guarantee the payment of the whole or any
part of the bonds issued against a local improvement district,
but the guaranties on the part of the city shall be made only
by ordinance passed by the vote of not less than two-thirds
of the councilmen and the approval of the mayor, or three
commissioners in case the governing body consist of three
commissioners, or four where such city is governed by five
commissioners. [1965 c 7 § 35.56.140. Prior: 1913 c 16
§ 10, part; RRS § 9458, part.]
35.56.150 Local improvement bonds and warrants—Sale to pay damages—Preliminary financing. The
city council or commission may negotiate sufficient warrants
or bonds against any local improvement district at a price
not less than ninety-five percent of their par value to raise
sufficient money to pay any and all compensation which
may be awarded for property damaged or taken in the
eminent domain proceedings, including the costs of such
proceedings. In lieu of so doing, the city council or commission may negotiate current or general expense fund
warrants at par to raise funds for the payment of such
compensation and expenses in the first instance, but in that
event the current or general expense fund shall be reimbursed out of the first moneys collected in any such local
assessment district or realized from the negotiation or sale of
local improvement warrants or bonds. [1965 c 7 §
35.56.150. Prior: 1913 c 16 § 11; RRS § 9459.]
35.56.160 Local improvement fund—Investment.
If money accumulates in an improvement fund and is likely
to lie idle waiting the maturity of the bonds against the
district, the city council or commission, under proper
safeguards, may invest it temporarily, or may borrow it
temporarily, at a reasonable rate of interest, but when so
invested or borrowed, the city shall be responsible and liable
for the restoration to such fund of the money so invested or
borrowed with interest thereon, whenever required for the
redemption of bonds maturing against such district. [1965
c 7 § 35.56.160. Prior: 1913 c 16 § 15; RRS § 9463.]
35.56.170 Letting contracts for improvement—
Excess or deficiency of fund. The contract for the making
of the improvement may be let either before or after the
making up of the equalization of the assessment roll, and
warrants or bonds may be issued against the local improvement district fund either before or after the equalization of
[Title 35 RCW—page 185]
35.56.170
Title 35 RCW: Cities and Towns
the roll as in the judgment of the council or commission may
best subserve the public interest.
If after the assessment roll is made up and equalized,
based in whole or in part upon an estimate of the cost of the
improvement, and it is found that the estimate was too high,
the excess shall be rebated pro rata to the property owners
on the assessment roll, the rebates to be deducted from the
last installment, or installments, when the assessment is upon
the installment plan.
If it is found that the estimated cost was too low and
that the actual bona fide cost of the improvement is greater
than the estimate, the city council or commission after due
notice and a hearing, as in case of the original equalization
of the roll, may add the required additional amount to the
assessment roll to be apportioned among the several parcels
of property upon the same rules and principles as if it had
been originally included except that the additional amount
shall be added to the last installment of an assessment if
assessments are payable upon the installment plan. The
same notice shall be required for adding to the assessment
roll in this manner as is required for the original equalization
of the roll, and the property owner shall have the right of
appeal. [1965 c 7 § 35.56.170. Prior: 1913 c 16 § 13; RRS
§ 9461.]
35.56.180 Payment of contractor—Bonds—
Warrants—Cash. The city council or commission may
provide in letting the contract for an improvement, that the
contractor shall accept special fund warrants or local
improvement bonds against the local improvement district
within which such improvement is to be made, in payment
for the contract price of the work, and that the warrants or
bonds may be issued to the contractor from time to time as
the work progresses, or the city council or commission may
negotiate the special fund warrants or bonds against the local
improvement district at not less than ninety-five cents in
money for each dollar of warrants or bonds, and with the
proceeds pay the contractor for the work and pay the other
costs of such improvement. [1965 c 7 § 35.56.180. Prior:
1913 c 16 § 14; RRS § 9462.]
35.56.190 Tax levy—General—Purposes—Limit.
For the purpose of raising revenues to carry on any project
under this chapter including funds for the payment for the
lands taken, purchased, acquired or condemned and the
expenses incident to the acquiring thereof, or any other cost
or expenses incurred by the city under the provisions of this
chapter but not including the cost of actually filling the lands
for which the local improvement district was created, a city
may levy an annual tax of not exceeding seventy-five cents
per thousand dollars of assessed valuation of all property
within the city. The city council or commission may create
a fund into which all moneys so derived from taxation and
moneys derived from rents and issues of the lands shall be
paid and against which special fund warrants may be drawn
or negotiable bonds issued to meet expenditures under this
chapter. [1973 1st ex.s. c 195 § 22; 1965 c 7 § 35.56.190.
Prior: 1913 c 16 § 19; RRS § 9467.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
[Title 35 RCW—page 186]
35.56.200 Waterways constructed—Requirements.
In the filling of any marshland, swampland, tideland or
tideflats no canal or waterway shall be constructed in
connection therewith less than three hundred feet wide at the
top between the shore lines and with sufficient slope to the
sides or banks thereof to as nearly as practicable render
bulkheadings or other protection against caving or falling in
of said sides or banks unnecessary and of sufficient depth to
meet all ordinary requirements of navigation and commerce.
[1965 c 7 § 35.56.200. Prior: 1913 c 16 § 17, part; RRS §
9465, part.]
35.56.210 Waterways constructed—Control. The
canal or waterway shall be and remain under the control of
the city and immediately upon its completion the city shall
establish outer dock lines lengthwise of said canal or
waterway on both sides thereof in such manner and position
that not less than two hundred feet of the width thereof shall
always remain open between such lines and beyond and
between which lines no right shall ever be granted to build
wharves or other obstructions except bridges; nor shall any
permanent obstruction to the free use of the channel so laid
out between said wharf or dock lines excepting bridges, their
approaches, piers, abutments and spans, ever be permitted
but the same shall be kept open for navigation. [1965 c 7 §
35.56.210. Prior: 1913 c 16 § 17, part; RRS § 9465, part.]
35.56.220 Waterways constructed—Leasing facilities. The city shall have the right to lease the area so
created between the said shore lines and the wharf lines so
established or any part, parts or parcels thereof during times
when the use thereof is not required by the city, for periods
not exceeding thirty years, to private individuals or concerns
for wharf, warehouse or manufacturing purposes at such
annual rate or rental per lineal foot of frontage on the canal
or waterway as it may deem reasonable.
The rates of wharfage, and other charges to the public
which any lessee may impose shall be reasonable; and the
city council or commission may regulate such rates. The
lease so granted by the city shall never be transferred or
assigned without the consent of the city council or commission having been first obtained.
A city shall never lease to any individual or concern
more than four hundred lineal feet of frontage of the area
lying between the shore lines and the dock lines and no
individual or concern shall ever hold or occupy by lease,
sublease or otherwise more than the said four hundred lineal
feet of frontage of such area: PROVIDED, That any
individual or concern may acquire by lease or sublease
whatever additional number of lineal feet of frontage of such
area may in the judgment of the city council or commission
be necessary for the use of such individual or concern, upon
petition therefor to the city council or commission signed by
not less than five hundred resident freeholders of the city.
[1965 c 7 § 35.56.220. Prior: 1913 c 16 § 17, part; RRS §
9465, part.]
35.56.230 Waterway shoreline front—Lessee must
lease abutting property. If the city owns the land abutting
upon any part of the area between the shore lines and dock
lines, no portion of the area which has city owned property
(2002 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
abutting upon it shall ever be leased unless an equal frontage
of the abutting property immediately adjoining it is leased at
the same time for the same period to the same individual or
concern. [1965 c 7 § 35.56.230. Prior: 1913 c 16 § 17,
part; RRS § 9465, part.]
35.56.240 Waterways constructed—Acquisition of
abutting property. While acquiring the rights of way for
such canals or waterways or at any time thereafter such city
may acquire for its own use and public use by purchase, gift,
condemnation or otherwise, and pay therefor by any lawful
means including but not restricted to payment out of the
current expense fund of such city or by bonding the city or
by pledging revenues to be derived from rents and issues
therefrom, lands abutting upon the shore lines or right-ofway of such canals or waterways to a distance, depth or
width of not more than three hundred feet back from the
banks or shore lines of such canals or waterways on either
side or both sides thereof, or not more than three hundred
lineal feet back from and abutting on the outer lines of such
rights-of-way on either side or both sides of such rights-ofway, and such area of such abutting lands as the council or
commission may deem necessary for its use for public
docks, bridges, wharves, streets and other conveniences of
navigation and commerce and for its own use and benefit
generally. [1965 c 7 § 35.56.240. Prior: 1913 c 16 § 18,
part; RRS § 9466, part.]
35.56.250 Waterways—Abutting city owned lands—
Lease of. If the city is not using the abutting lands so
acquired it may lease any parcels thereof as may be deemed
for the best interest and convenience of navigation, commerce and the public interest and welfare to private individuals or concerns for terms not exceeding thirty years each at
such annual rate or rental as the city council or commission
of such city may deem just, proper and fair, for the purpose
of erecting wharves for wholesale and retail warehouses and
for general commercial purposes and manufacturing sites,
but the said city shall never convey or part with title to the
abutting lands above mentioned and so acquired nor with the
control other than in the manner herein specified. Any lease
or leases granted by the city on such abutting lands shall
never be transferred or assigned without the consent of the
city council or commission having been first obtained.
A city shall never lease to any individual or concern
more than four hundred lineal feet of canal or waterway
frontage of said land and no individual or concern shall ever
hold or occupy by lease, sublease, or otherwise more than
the said four hundred lineal feet of said frontage: PROVIDED, That any individual or concern may acquire by lease or
sublease whatever additional frontage of such abutting land
may be in the judgment of the city council or commission
necessary for the use of such individual or concern, upon
petition presented to the city council or commission therefor
signed by not less than five hundred resident freeholders of
such city. [1965 c 7 § 35.56.250. Prior: 1913 c 16 § 18,
part; RRS § 9466, part.]
35.56.260 Waterways—Abutting lands—Lessee
must lease shoreline property. At the time that the city
leases to any individual or concern any of the land abutting
(2002 Ed.)
35.56.230
on the area between the shore lines and the dock lines the
same individual or concern must likewise for the same
period of time lease all of the area between the shore line
and dock line of such canal or waterway lying contiguous to
and immediately in front of the abutting land so leased.
[1965 c 7 § 35.56.260. Prior: 1913 c 16 § 18, part; RRS §
9466, part.]
35.56.270 Work by day labor. When a city undertakes any improvement authorized by this chapter and the
expenditures required exceed the sum of five hundred
dollars, it shall be done by contract and shall be let to the
lowest responsible bidder, after due notice, under such
regulation as may be prescribed by ordinance: PROVIDED,
That the city council or commission may reject all bids
presented and readvertise, or, if in the judgment of the city
council or commission the work can be performed, or
supplies or materials furnished by the city independent of
contract, cheaper than under the bid submitted, it may after
having so advertised and examined the bids, cause the work
to be performed or supplies or materials to be furnished
independent of contract. This section shall be construed as
a concurrent and cumulative power conferred on cities and
shall not be construed as in any wise repealing or affecting
any law now in force relating to the performing, execution
and construction of public works. [1965 c 7 § 35.56.270.
Prior: 1913 c 16 § 20; RRS § 9468.]
35.56.280 Reassessments. If any assessment is found
to be invalid for any cause or if it is set aside for any reason
in judicial proceeding, a reassessment may be made and all
laws then in force relative to the reassessment of local
assessments, for street or other improvements, shall, as far
as practical, be applicable hereto. [1965 c 7 § 35.56.280.
Prior: 1913 c 16 § 16; RRS § 9464.]
Local improvements, assessments and reassessments: Chapter 35.44 RCW.
35.56.290 Provisions of chapter not exclusive. The
provisions of this chapter shall not be construed as repealing
or in any wise affecting other existing laws relative to the
making of any such improvements but shall be considered as
concurrent therewith. [1965 c 7 § 35.56.290. Prior: 1929
c 63 § 5; 1913 c 16 § 22; RRS § 9470.]
Chapter 35.57
PUBLIC FACILITIES DISTRICTS
Sections
35.57.010
35.57.020
35.57.030
35.57.040
35.57.050
35.57.060
35.57.070
35.57.080
35.57.090
35.57.100
35.57.110
35.57.900
Creation—Board of directors—Corporate powers.
Regional centers—Charges and fees—Powers.
General obligation bonds.
Authorized charges, fees, and taxes—Gifts.
Travel, expense reimbursement policy—Required.
Expenditure of funds—Purposes.
Service provider agreements.
Purchases and sales—Procedures.
Revenue bonds—Limitations.
Tax on admissions.
Tax on vehicle parking charges.
Severability—1999 c 165.
[Title 35 RCW—page 187]
35.57.010
Title 35 RCW: Cities and Towns
35.57.010 Creation—Board of directors—Corporate
powers. (1)(a) The legislative authority of any town or city
located in a county with a population of less than one
million may create a public facilities district.
(b) The legislative authorities of any contiguous group
of towns or cities located in a county or counties each with
a population of less than one million may enter an agreement
under chapter 39.34 RCW for the creation and joint operation of a public facilities district.
(c) The legislative authority of any town or city, or any
contiguous group of towns or cities, located in a county with
a population of less than one million and the legislative
authority of a contiguous county, or the legislative authority
of the county or counties in which the towns or cities are
located, may enter into an agreement under chapter 39.34
RCW for the creation and joint operation of a public
facilities district.
(2)(a) A public facilities district shall be coextensive
with the boundaries of the city or town or contiguous group
of cities or towns that created the district.
(b) A public facilities district created by an agreement
between a town or city, or a contiguous group of towns or
cities, and a contiguous county or the county in which they
are located, shall be coextensive with the boundaries of the
towns or cities, and the boundaries of the county or counties
as to the unincorporated areas of the county or counties.
The boundaries shall not include incorporated towns or cities
that are not parties to the agreement for the creation and
joint operation of the district.
(3)(a) A public facilities district created by a single city
or town shall be governed by a board of directors consisting
of five members selected as follows: (i) Two members
appointed by the legislative authority of the city or town;
and (ii) three members appointed by legislative authority
based on recommendations from local organizations. The
members appointed under (a)(i) of this subsection, shall not
be members of the legislative authority of the city or town.
The members appointed under (a)(ii) of this subsection, shall
be based on recommendations received from local organizations that may include, but are not limited to the local
chamber of commerce, local economic development council,
and local labor council. The members shall serve four-year
terms. Of the initial members, one must be appointed for a
one-year term, one must be appointed for a two-year term,
one must be appointed for a three-year term, and the
remainder must be appointed for four-year terms.
(b) A public facilities district created by a contiguous
group of cities and towns shall be governed by a board of
directors consisting of seven members selected as follows:
(i) Three members appointed by the legislative authorities of
the cities and towns; and (ii) four members appointed by the
legislative authority based on recommendations from local
organizations. The members appointed under (b)(i) of this
subsection shall not be members of the legislative authorities
of the cities and towns. The members appointed under
(b)(ii) of this subsection, shall be based on recommendations
received from local organizations that include, but are not
limited to the local chamber of commerce, local economic
development council, local labor council, and a neighborhood organization that is directly affected by the location of
the regional center in their area. The members of the board
of directors shall be appointed in accordance with the terms
[Title 35 RCW—page 188]
of the agreement under chapter 39.34 RCW for the joint
operation of the district and shall serve four-year terms. Of
the initial members, one must be appointed for a one-year
term, one must be appointed for a two-year term, one must
be appointed for a three-year term, and the remainder must
be appointed for four-year terms.
(c) A public facilities district created by a town or city,
or a contiguous group of towns or cities, and a contiguous
county or the county or counties in which they are located,
shall be governed by a board of directors consisting of seven
members selected as follows: (i) Three members appointed
by the legislative authorities of the cities, towns, and county;
and (ii) four members appointed by the legislative authority
based on recommendations from local organizations. The
members appointed under (c)(i) of this subsection shall not
be members of the legislative authorities of the cities, towns,
or county. The members appointed under (c)(ii) of this
subsection shall be based on recommendations received from
local organizations that include, but are not limited to, the
local chamber of commerce, the local economic development
council, the local labor council, and a neighborhood organization that is directly affected by the location of the regional
center in their area. The members of the board of directors
shall be appointed in accordance with the terms of the
agreement under chapter 39.34 RCW for the joint operation
of the district and shall serve four-year terms. Of the initial
members, one must be appointed for a one-year term, one
must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.
(4) A public facilities district is a municipal corporation,
an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
(5) A public facilities district shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that
may now or hereafter be specifically conferred by statute,
including, but not limited to, the authority to hire employees,
staff, and services, to enter into contracts, and to sue and be
sued.
(6) A public facilities district may acquire and transfer
real and personal property by lease, sublease, purchase, or
sale. No direct or collateral attack on any public facilities
district purported to be authorized or created in conformance
with this chapter may be commenced more than thirty days
after creation by the city and/or county legislative authority.
[2002 c 363 § 1; 1999 c 165 § 1.]
35.57.020 Regional centers—Charges and fees—
Powers. (1) A public facilities district is authorized to
acquire, construct, own, remodel, maintain, equip, reequip,
repair, finance, and operate one or more regional centers.
For purposes of this chapter, "regional center" means a
convention, conference, or special events center, or any
combination of facilities, and related parking facilities,
serving a regional population constructed, improved, or
rehabilitated after July 25, 1999, at a cost of at least ten
million dollars, including debt service. "Regional center"
also includes an existing convention, conference, or special
(2002 Ed.)
Public Facilities Districts
events center, and related parking facilities, serving a
regional population, that is improved or rehabilitated after
July 25, 1999, where the costs of improvement or rehabilitation are at least ten million dollars, including debt service.
A "special events center" is a facility, available to the public,
used for community events, sporting events, trade shows,
and artistic, musical, theatrical, or other cultural exhibitions,
presentations, or performances. A regional center is conclusively presumed to serve a regional population if state and
local government investment in the construction, improvement, or rehabilitation of the regional center is equal to or
greater than ten million dollars.
(2) A public facilities district may enter into contracts
with any city or town for the purpose of exercising any
powers of a community renewal agency under chapter 35.81
RCW.
(3) A public facilities district may impose charges and
fees for the use of its facilities, and may accept and expend
or use gifts, grants, and donations for the purpose of a
regional center.
(4) A public facilities district may impose charges, fees,
and taxes authorized in RCW 35.57.040, and use revenues
derived therefrom for the purpose of paying principal and
interest payments on bonds issued by the public facilities
district to construct a regional center.
(5) Notwithstanding the establishment of a career, civil,
or merit service system, a public facilities district may
contract with a public or private entity for the operation or
management of its public facilities.
(6) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures
set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
any regional center.
(7) A city or town in conjunction with any special
agency, authority, or other district established by a county or
any other governmental agency is authorized to use the
supplemental alternative public works contracting procedures
set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
any regional center funded in whole or in part by a public
facilities district. [2002 c 363 § 2; 2002 c 218 § 25; 1999
c 165 § 2.]
Reviser’s note: This section was amended by 2002 c 218 § 25 and
by 2002 c 363 § 2, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.57.030 General obligation bonds. (1) To carry
out the purpose of this chapter, a public facilities district
may issue general obligation bonds, not to exceed an
amount, together with any outstanding nonvoter-approved
general obligation indebtedness, equal to one-half of one
percent of the value of the taxable property within the
district, as the term "value of the taxable property" is defined
in RCW 39.36.015. A facilities district additionally may
issue general obligation bonds for capital purposes only,
together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one-fourth
percent of the value of the taxable property within the
(2002 Ed.)
35.57.020
district, as the term "value of the taxable property" is defined
in RCW 39.36.015, when authorized by the voters of the
public facilities district pursuant to Article VIII, section 6 of
the state Constitution, and to provide for the retirement
thereof by taxes authorized in chapter 165, Laws of 1999.
(2) General obligation bonds may be issued with a
maturity of up to thirty years, and shall be issued and sold
in accordance with the provisions of chapter 39.46 RCW.
(3) The general obligation bonds may be payable from
the operating revenues of the public facilities district in
addition to the tax receipts of the district. [1999 c 165 § 3.]
35.57.040 Authorized charges, fees, and taxes—
Gifts. (1) The board of directors of the public facilities
district may impose the following for the purpose of funding
a regional center:
(a) Charges and fees for the use of any of its facilities;
(b) Admission charges under RCW 35.57.100;
(c) Vehicle parking charges under RCW 35.57.110; and
(d) Sales and use taxes authorized under RCW
82.14.048 and 82.14.390.
(2) The board may accept and expend or use gifts,
grants, and donations for the purpose of a regional center.
The revenue from the charges, fees, and taxes imposed under
this section shall be used only for the purposes authorized by
this chapter. [1999 c 165 § 4.]
35.57.050 Travel, expense reimbursement policy—
Required. The board of directors of the public facilities
district shall adopt a resolution that may be amended from
time to time that shall establish the basic requirements
governing methods and amounts of reimbursement payable
to such district officials and employees for travel and other
business expenses incurred on behalf of the district. The
resolution shall, among other things, establish procedures for
approving such expenses; the form of the travel and expense
voucher; and requirements governing the use of credit cards
issued in the name of the district. The resolution may also
establish procedures for payment of per diem to board
members. The state auditor shall, as provided by general
law, cooperate with the public facilities district in establishing adequate procedures for regulating and auditing the
reimbursement of all such expenses. [1999 c 165 § 5.]
35.57.060 Expenditure of funds—Purposes. The
board of directors of the public facilities district shall have
authority to authorize the expenditure of funds for the public
purposes of preparing and distributing information to the
general public and promoting, advertising, improving,
developing, operating, and maintaining a regional center.
Nothing contained in this section may be construed to
authorize preparation and distribution of information to the
general public for the purpose of influencing the outcome of
a district election. [1999 c 165 § 6.]
35.57.070 Service provider agreements. The public
facilities district may secure services by means of an
agreement with a service provider. The public facilities
district shall publish notice, establish criteria, receive and
evaluate proposals, and negotiate with respondents under
[Title 35 RCW—page 189]
35.57.070
Title 35 RCW: Cities and Towns
requirements set forth by district resolution. [1999 c 165 §
7.]
may be issued in the same manner as revenue bonds are
issued. [1999 c 165 § 9.]
35.57.080 Purchases and sales—Procedures. In
addition to provisions contained in chapter 39.04 RCW, the
public facilities district is authorized to follow procedures
contained in RCW 43.19.1906 and 43.19.1911 for all
purchases, contracts for purchase, and sales. [1999 c 165 §
8.]
35.57.100 Tax on admissions. A public facility
district may levy and fix a tax of not more than one cent on
twenty cents or fraction thereof to be paid by the person who
pays an admission charge to a regional center. This includes
a tax on persons who are admitted free of charge or at
reduced rates if other persons pay a charge or a regular
higher charge for the same privileges or accommodations.
The term "admission charge" includes:
(1) A charge made for season tickets or subscriptions;
(2) A cover charge, or a charge made for use of seats
and tables reserved or otherwise, and other similar accommodations;
(3) A charge made for food and refreshment if free
entertainment, recreation, or amusement is provided;
(4) A charge made for rental or use of equipment or
facilities for purposes of recreation or amusement; if the
rental of the equipment or facilities is necessary to the
enjoyment of a privilege for which a general admission is
charged, the combined charges shall be considered as the
admission charge;
(5) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [1999 c 165 § 10.]
35.57.090 Revenue bonds—Limitations. (1) A
public facilities district may issue revenue bonds to fund
revenue-generating facilities, or portions of facilities, which
it is authorized to provide or operate. Whenever revenue
bonds are to be issued, the board of directors of the district
shall create or have created a special fund or funds from
which, along with any reserves created pursuant to RCW
39.44.140, the principal and interest on such revenue bonds
shall exclusively be payable. The board may obligate the
district to set aside and pay into the special fund or funds a
fixed proportion or a fixed amount of the revenues from the
public improvements, projects, or facilities, and all related
additions, that are funded by the revenue bonds. This
amount or proportion shall be a lien and charge against these
revenues, subject only to operating and maintenance expenses. The board shall have due regard for the cost of operation and maintenance of the public improvements, projects,
or facilities, or additions, that are funded by the revenue
bonds, and shall not set aside into the special fund or funds
a greater amount or proportion of the revenues that in its
judgment will be available over and above the cost of
maintenance and operation and the amount or proportion, if
any, of the revenue so previously pledged. The board may
also provide that revenue bonds payable out of the same
source or sources of revenue may later be issued on a parity
with any revenue bonds being issued and sold.
(2) Revenue bonds issued under this section shall not be
an indebtedness of the district issuing the bonds, and the
interest and principal on the bonds shall only be payable
from the revenues lawfully pledged to meet the principal and
interest requirements and any reserves created under RCW
39.44.140. The owner or bearer of a revenue bond or any
interest coupon issued under this section shall not have any
claim against the district arising from the bond or coupon
except for payment from the revenues lawfully pledged to
meet the principal and interest requirements and any reserves
created under RCW 39.44.140. The substance of the
limitations included in this subsection shall be plainly
printed, written, or engraved on each bond issued under this
section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The board of directors of the
district shall by resolution determine for each revenue bond
issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration
privileges, manner of execution, manner of sale, callable
provisions, if any, and covenants including the refunding of
existing revenue bonds. Facsimile signatures may be used
on the bonds and any coupons. Refunding revenue bonds
35.57.110 Tax on vehicle parking charges. A public
facility district may levy and fix a tax on any vehicle
parking charges imposed at any parking facility that is
owned or leased by the public facility district as part of a
regional center. No county or city or town within which the
regional center is located may impose a tax of the same or
similar kind on any vehicle parking charges at the facility.
For the purposes of this section, "vehicle parking charges"
means only the actual parking charges exclusive of taxes and
service charges and the value of any other benefit conferred.
The tax authorized under this section shall be at the rate of
not more than ten percent. [1999 c 165 § 11.]
35.57.900 Severability—1999 c 165. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1999 c 165 § 23.]
Chapter 35.58
METROPOLITAN MUNICIPAL CORPORATIONS
Sections
35.58.010
35.58.020
35.58.030
35.58.040
35.58.050
35.58.060
35.58.070
35.58.080
35.58.090
35.58.100
[Title 35 RCW—page 190]
Declaration of policy and purpose.
Definitions.
Corporations authorized—Limitation on boundaries.
Territory which must be included or excluded—Boundaries.
Functions authorized.
Unauthorized functions to be performed under other law.
Resolution, petition for election—Requirements, procedure.
Hearings on petition, resolution—Inclusion, exclusion of
territory—Boundaries—Calling election.
Election procedure to form corporation and levy tax—
Qualified voters—Establishment of corporation—First
meeting of council.
Additional functions—Authorized by election.
(2002 Ed.)
Metropolitan Municipal Corporations
35.58.110
35.58.112
35.58.114
35.58.116
35.58.120
35.58.130
35.58.140
35.58.150
35.58.160
35.58.170
35.58.180
35.58.190
35.58.200
35.58.210
35.58.215
35.58.220
35.58.230
35.58.240
35.58.245
35.58.250
35.58.260
35.58.265
35.58.268
35.58.270
35.58.271
35.58.2711
35.58.2712
35.58.272
35.58.2721
35.58.2794
35.58.2795
35.58.2796
35.58.280
35.58.290
35.58.300
35.58.310
35.58.320
35.58.330
35.58.340
35.58.350
35.58.360
35.58.370
35.58.380
35.58.390
35.58.400
35.58.410
35.58.420
35.58.430
35.58.450
35.58.460
35.58.470
(2002 Ed.)
Additional functions—Authorized without election.
Recommended comprehensive plan for performance of additional function—Study and preparation.
Recommended comprehensive plan for performance of additional function—Resolution for special election to authorize additional function—Contents—Hearings—Election
procedure.
Proposition for issuance of general obligation bonds or levy
of general tax—Submission at same election or special
election.
Metropolitan council—Composition.
Metropolitan council—Organization, chairman, procedures.
Metropolitan council—Terms.
Metropolitan council—Vacancies.
Metropolitan council—Compensation—Waiver of compensation.
Corporation name and seal.
General powers of corporation.
Performance of function or functions—Commencement date.
Powers relative to water pollution abatement.
Metropolitan water pollution abatement advisory committee.
Powers relative to systems of sewerage.
Powers relative to water supply.
Metropolitan water advisory committee.
Powers relative to transportation.
Public transportation function—Authorization by election
required—Procedure.
Other local public passenger transportation service prohibited—Agreements—Purchase—Condemnation.
Transportation function—Acquisition of city system.
Acquisition of existing transportation system—Assumption
of labor contracts—Transfer of employees—Preservation
of employee benefits—Collective bargaining.
Public transportation employees—Payroll deduction for
political action committees.
Metropolitan transit commission.
Public transportation in municipalities—Financing.
Local sales and use taxes for financing public transportation
systems.
Public transportation feasibility study—Advanced financial
support payments.
Public transportation systems—Definitions.
Public transportation systems—Authority of municipalities
to acquire, operate, etc.—Indebtedness—Bond issues.
Public transportation systems—Research, testing, development, etc., of systems—Powers to comply with federal
laws.
Public transportation systems—Six-year transit plans.
Public transportation systems—Annual report by department.
Powers relative to garbage disposal.
Powers relative to parks and parkways.
Metropolitan park board.
Powers relative to planning.
Eminent domain.
Powers may be exercised with relation to public rights of
way without franchise—Conditions.
Disposition of unneeded property.
Powers and functions of metropolitan municipal corporation—Where vested—Powers of metropolitan council.
Rules and regulations—Penalties—Enforcement.
Merit system.
Retention of existing personnel.
Prior employees pension rights preserved.
Prior employees sick leave and vacation rights preserved.
Budget—Expenditures—Revenue estimates—Requirements
for a county assuming the powers of a metropolitan
municipal corporation.
Supplemental income payments by component city and
county.
Funds—Disbursements—Treasurer—Expenses—Election
expenses.
General obligation bonds—Issuance, sale, form, term, election, payment.
Revenue bonds—Issuance, sale, form, term, payment, reserves, actions.
Funding, refunding bonds.
Chapter 35.58
35.58.480
35.58.490
35.58.500
Borrowing money from component city or county.
Interest bearing warrants.
Local improvement districts—Utility local improvement
districts.
35.58.510 Obligations of corporation are legal investments and security
for public deposits.
35.58.520 Investment of corporate funds.
35.58.530 Annexation—Requirements, procedure.
35.58.540 Annexation—Hearings—Inclusion, exclusion of territory—
Boundaries—Calling election.
35.58.550 Annexation—Election—Favorable vote.
35.58.560 Taxes—Counties or cities not to impose on certain operations—Credits or offsets against state taxes—Refund of
motor vehicle fuel taxes paid.
35.58.570 Sewage facilities—Capacity charge.
35.58.900 Liberal construction.
35.58.911 Prior proceedings validated, ratified, approved and confirmed.
35.58.920 Severability—1967 c 105.
35.58.930 Severability—1971 ex.s. c 303.
35.58.931 Severability—1974 ex.s. c 70.
Acquisition of
interests in land for conservation, protection, preservation, or open space
purposes by metropolitan municipal corporation: RCW 64.04.130.
open space, land, or rights to future development by counties, cities, or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
County assumption of metropolitan municipal corporation functions:
Chapter 36.56 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
School districts, educational service districts, agreements with other
governmental entities for transportation of students, the public or
other noncommon school purposes—Limitations: RCW 28A.160.120.
Transportation centers authorized: Chapter 81.75 RCW.
35.58.010 Declaration of policy and purpose. It is
hereby declared to be the public policy of the state of
Washington to provide for the people of the populous
metropolitan areas in the state the means of obtaining
essential services not adequately provided by existing
agencies of local government. The growth of urban population and the movement of people into suburban areas has
created problems of water pollution abatement, garbage
disposal, water supply, transportation, planning, parks and
parkways which extend beyond the boundaries of cities,
counties and special districts. For reasons of topography,
location and movement of population, and land conditions
and development, one or more of these problems cannot be
adequately met by the individual cities, counties and districts
of many metropolitan areas.
It is the purpose of this chapter to enable cities and
counties to act jointly to meet these common problems in
order that the proper growth and development of the metropolitan areas of the state may be assured and the health and
welfare of the people residing therein may be secured.
[1974 ex.s. c 70 § 1; 1965 c 7 § 35.58.010. Prior: 1957 c
213 § 1.]
35.58.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Metropolitan municipal corporation" means a
municipal corporation of the state of Washington created
pursuant to this chapter, or a county which has by ordinance
or resolution assumed the rights, powers, functions, and
obligations of a metropolitan municipal corporation pursuant
to the provisions of chapter 36.56 RCW.
[Title 35 RCW—page 191]
35.58.020
Title 35 RCW: Cities and Towns
(2) "Metropolitan area" means the area contained within
the boundaries of a metropolitan municipal corporation, or
within the boundaries of an area proposed to be organized as
such a corporation.
(3) "City" means an incorporated city or town.
(4) "Component city" means an incorporated city or
town within a metropolitan area.
(5) "Component county" means a county, all or part of
which is included within a metropolitan area.
(6) "Central city" means the city with the largest
population in a metropolitan area.
(7) "Central county" means the county containing the
city with the largest population in a metropolitan area.
(8) "Special district" means any municipal corporation
of the state of Washington other than a city, county, or
metropolitan municipal corporation.
(9) "Metropolitan council" means the legislative body of
a metropolitan municipal corporation, or the legislative body
of a county which has by ordinance or resolution assumed
the rights, powers, functions, and obligations of a metropolitan municipal corporation pursuant to the provisions of
chapter 36.56 RCW.
(10) "City council" means the legislative body of any
city or town.
(11) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made under the direction of the office of financial management.
(12) "Metropolitan function" means any of the functions
of government named in RCW 35.58.050.
(13) "Authorized metropolitan function" means a
metropolitan function which a metropolitan municipal
corporation shall have been authorized to perform in the
manner provided in this chapter.
(14) "Metropolitan public transportation" or "metropolitan transportation" for the purposes of this chapter means the
transportation of packages, passengers, and their incidental
baggage by means other than by chartered bus, sightseeing
bus, or any other motor vehicle not on an individual farepaying basis, together with the necessary passenger terminals
and parking facilities or other properties necessary for
passenger and vehicular access to and from such peoplemoving systems: PROVIDED, That nothing in this chapter
shall be construed to prohibit a metropolitan municipal
corporation from leasing its buses to private certified
carriers; to prohibit a metropolitan municipal corporation
from providing school bus service for the transportation of
pupils; or to prohibit a metropolitan municipal corporation
from chartering an electric streetcar on rails which it
operates entirely within a city.
(15) "Pollution" has the meaning given in RCW
90.48.020. [1982 c 103 § 1; 1979 c 151 § 28; 1977 ex.s. c
277 § 12. Prior: 1974 ex.s. c 84 § 1; 1974 ex.s. c 70 § 2;
1971 ex.s. c 303 § 2; 1965 c 7 § 35.58.020; prior: 1957 c
213 § 2.]
Severability—Construction—Effective date—1977 ex.s. c 277: See
RCW 36.56.900 and 36.56.910.
Population determinations, office of financial management: Chapter 43.62
RCW.
[Title 35 RCW—page 192]
35.58.030 Corporations authorized—Limitation on
boundaries. Any area of the state containing two or more
cities, at least one of which is of ten thousand or more
population, may organize as a metropolitan municipal
corporation for the performance of certain functions, as
provided in this chapter. The boundaries of a metropolitan
municipal corporation may not be expanded to include
territory located in a county other than a component county
except as a result of the consolidation of two or more
contiguous metropolitan municipal corporations. [1993 c
240 § 1; 1965 c 7 § 35.58.030. Prior: 1957 c 213 § 3.]
Inclusion of code cities in metropolitan municipal corporations: Chapter
35A.57 RCW.
35.58.040 Territory which must be included or
excluded—Boundaries. At the time of its formation no
metropolitan municipal corporation shall include only a part
of any city, and every city shall be either wholly included or
wholly excluded from the boundaries of such corporation.
If subsequent to the formation of a metropolitan municipal
corporation a part only of any city shall be included within
the boundaries of a metropolitan municipal corporation such
part shall be deemed to be "unincorporated" for the purpose
of selecting a member of the metropolitan council pursuant
to *RCW 35.58.120(3) and such city shall neither select nor
participate in the selection of a member on the metropolitan
council pursuant to RCW 35.58.120.
Any metropolitan municipal corporation now existing
within a county with a population of one million or more
shall, upon May 21, 1971, have the same boundaries as
those of the respective central county of such metropolitan
corporation. The boundaries of such metropolitan corporation may not be enlarged or diminished after such date by
annexation as provided in chapter 35.58 RCW and any
purported annexation of territory shall be deemed void. Any
contiguous metropolitan municipal corporations may be
consolidated into a single metropolitan municipal corporation
upon such terms, for the purpose of performing such
metropolitan function or functions, and to be effective at
such time as may be approved by resolutions of the respective metropolitan councils. In the event of such consolidation the component city with the largest population shall be
the central city of such consolidated metropolitan municipal
corporation and the component county with the largest
population shall be the central county of such consolidated
metropolitan municipal corporation. [1993 c 240 § 2; 1991
c 363 § 39; 1971 ex.s. c 303 § 3; 1967 c 105 § 1; 1965 c 7
§ 35.58.040. Prior: 1957 c 213 § 4.]
*Reviser’s note: RCW 35.58.120 was amended by 1993 c 240 § 4
deleting subsection (3).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.58.050 Functions authorized. A metropolitan
municipal corporation shall have the power to perform any
one or more of the following functions, when authorized in
the manner provided in this chapter:
(1) Metropolitan water pollution abatement.
(2) Metropolitan water supply.
(3) Metropolitan public transportation.
(4) Metropolitan garbage disposal.
(5) Metropolitan parks and parkways.
(2002 Ed.)
Metropolitan Municipal Corporations
(6) Metropolitan comprehensive planning. [1974 ex.s.
c 70 § 3; 1965 c 7 § 35.58.050. Prior: 1957 c 213 § 5.]
35.58.060 Unauthorized functions to be performed
under other law. All functions of local government which
are not authorized as provided in this chapter to be performed by a metropolitan municipal corporation, shall
continue to be performed by the counties, cities and special
districts within the metropolitan area as provided by law.
[1965 c 7 § 35.58.060. Prior: 1957 c 213 § 6.]
35.58.070 Resolution, petition for election—
Requirements, procedure. A metropolitan municipal
corporation may be created by vote of the qualified electors
residing in a metropolitan area in the manner provided in
this chapter. An election to authorize the creation of a
metropolitan municipal corporation may be called pursuant
to resolution or petition in the following manner:
(1) A resolution or concurring resolutions calling for
such an election may be adopted by either:
(a) The city council of a central city; or
(b) The city councils of two or more component cities
other than a central city; or
(c) The board of commissioners of a central county.
A certified copy of such resolution or certified copies of
such concurring resolutions shall be transmitted to the board
of commissioners of the central county.
(2) A petition calling for such an election shall be
signed by at least four percent of the qualified voters
residing within the metropolitan area and shall be filed with
the auditor of the central county.
Any resolution or petition calling for such an election
shall describe the boundaries of the proposed metropolitan
area, name the metropolitan function or functions which the
metropolitan municipal corporation shall be authorized to
perform initially and state that the formation of the metropolitan municipal corporation will be conducive to the welfare
and benefit of the persons and property within the metropolitan area. After the filing of a first sufficient petition or
resolution with such county auditor or board of county
commissioners respectively, action by such auditor or board
shall be deferred on any subsequent petition or resolution
until after the election has been held pursuant to such first
petition or resolution.
Upon receipt of such a petition, the auditor shall
examine the same and certify to the sufficiency of the
signatures thereon. For the purpose of examining the
signatures on such petition, the auditor shall be permitted
access to the voter registration books of each component
county and each component city. No person may withdraw
his name from a petition after it has been filed with the
auditor. Within thirty days following the receipt of such
petition, the auditor shall transmit the same to the board of
commissioners of the central county, together with his
certificate as to the sufficiency thereof. [1965 c 7 §
35.58.070. Prior: 1957 c 213 § 7.]
35.58.080 Hearings on petition, resolution—
Inclusion, exclusion of territory—Boundaries—Calling
election. Upon receipt of a duly certified petition or a valid
resolution calling for an election on the formation of a
(2002 Ed.)
35.58.050
metropolitan municipal corporation, the board of commissioners of the central county shall fix a date for a public
hearing thereon which shall be not more than sixty nor less
than forty days following the receipt of such resolution or
petition. Notice of such hearing shall be published once a
week for at least four consecutive weeks in one or more
newspapers of general circulation within the metropolitan
area. The notice shall contain a description of the boundaries of the proposed metropolitan area, shall name the initial
metropolitan function or functions and shall state the time
and place of the hearing and the fact that any changes in the
boundaries of the metropolitan area will be considered at
such time and place. At such hearing or any continuation
thereof, any interested person may appear and be heard on
all matters relating to the effect of the formation of the
proposed municipal metropolitan corporation. The commissioners may make such changes in the boundaries of the
metropolitan area as they shall deem reasonable and proper,
but may not delete any portion of the proposed area which
will create an island of included or excluded lands, may not
delete a portion of any city, and may not delete any portion
of the proposed area which is contributing or may reasonably
be expected to contribute to the pollution of any water
course or body of water in the proposed area when the
petition or resolution names metropolitan water pollution
abatement as a function to be performed by the proposed
metropolitan municipal corporation. If the commissioners
shall determine that any additional territory should be
included in the metropolitan area, a second hearing shall be
held and notice given in the same manner as for the original
hearing. The commissioners may adjourn the hearing on the
formation of a metropolitan municipal corporation from time
to time not exceeding thirty days in all. At the next regular
meeting following the conclusion of such hearing the
commissioners shall adopt a resolution fixing the boundaries
of the proposed metropolitan municipal corporation, declaring that the formation of the proposed metropolitan municipal corporation will be conducive to the welfare and benefit
of the persons and property therein and providing for the
calling of a special election on the formation of the metropolitan municipal corporation to be held not more than one
hundred twenty days nor less than sixty days following the
adoption of such resolution. [1974 ex.s. c 70 § 4; 1965 c 7
§ 35.58.080. Prior: 1957 c 213 § 8.]
Elections: Title 29 RCW.
35.58.090 Election procedure to form corporation
and levy tax—Qualified voters—Establishment of corporation—First meeting of council. The election on the
formation of the metropolitan municipal corporation shall be
conducted by the auditor of the central county in accordance
with the general election laws of the state and the results
thereof shall be canvassed by the county canvassing board of
the central county, which shall certify the result of the
election to the county legislative authority of the central
county, and shall cause a certified copy of such canvass to
be filed in the office of the secretary of state. Notice of the
election shall be published in one or more newspapers of
general circulation in each component county in the manner
provided in the general election laws. No person shall be
entitled to vote at such election unless that person is a
[Title 35 RCW—page 193]
35.58.090
Title 35 RCW: Cities and Towns
qualified voter under the laws of the state in effect at the
time of such election and has resided within the metropolitan
area for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the
following form:
"FORMATION OF METROPOLITAN
MUNICIPAL CORPORATION
Shall a metropolitan municipal corporation be
established for the area described in a resolution of
the county legislative authority of . . . . . . county
adopted on the . . . . day of . . . . . ., 19. . ., to
perform the metropolitan functions of . . . . . . (here
insert the title of each of the functions to be authorized as set forth in the petition or initial resolution).
YES . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
"
If a majority of the persons voting on the proposition
residing within the central city shall vote in favor thereof
and a majority of the persons voting on the proposition
residing in the metropolitan area outside of the central city
shall vote in favor thereof, the metropolitan municipal
corporation shall thereupon be established and the county
legislative authority of the central county shall adopt a
resolution setting a time and place for the first meeting of
the metropolitan council which shall be held not later than
sixty days after the date of such election. A copy of such
resolution shall be transmitted to the legislative body of each
component city and county and of each special district which
shall be affected by the particular metropolitan functions
authorized.
At the same election there shall be submitted to the
voters residing within the metropolitan area, for their
approval or rejection, a proposition authorizing the metropolitan municipal corporation, if formed, to levy at the earliest
time permitted by law on all taxable property located within
the metropolitan municipal corporation a general tax, for one
year, of twenty-five cents per thousand dollars of assessed
value in excess of any constitutional or statutory limitation
for authorized purposes of the metropolitan municipal
corporation. The proposition shall be expressed on the
ballots in substantially the following form:
"ONE YEAR TWENTY-FIVE CENTS
PER THOUSAND DOLLARS OF
ASSESSED VALUE LEVY
Shall the metropolitan municipal corporation, if
formed, levy a general tax of twenty-five cents per
thousand dollars of assessed value for one year
upon all the taxable property within said corporation in excess of the constitutional and/or statutory
tax limits for authorized purposes of the corporation?
YES . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
"
Such proposition to be effective must be approved by a
majority of at least three-fifths of the persons voting on the
proposition to levy such tax, with a forty percent validation
requirement, in the manner set forth in Article VII, section
[Title 35 RCW—page 194]
2(a) of the Constitution of this state. [1993 c 240 § 3; 1973
1st ex.s. c 195 § 23; 1965 c 7 § 35.58.090. Prior: 1957 c
213 § 9.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Canvassing the returns, generally: Chapter 29.62 RCW.
Conduct of elections—Canvass: RCW 29.13.040.
Notice of elections: RCW 29.27.080.
35.58.100 Additional functions—Authorized by
election. A metropolitan municipal corporation may be
authorized to perform one or more metropolitan functions in
addition to those which it has previously been authorized to
perform, with the approval of the voters at an election, in the
manner provided in this section.
An election to authorize a metropolitan municipal
corporation to perform one or more additional metropolitan
functions may be called pursuant to a resolution or a petition
in the following manner:
(1) A resolution calling for such an election may be
adopted by:
(a) The city council of the central city; or
(b) The city councils of at least one-half in number of
the component cities other than the central city; or
(c) The board of commissioners of the central county.
Such resolution shall be transmitted to the metropolitan
council.
(2) A petition calling for such an election shall be
signed by at least four percent of the registered voters
residing within the metropolitan area and shall be filed with
the auditor of the central county.
Any resolution or petition calling for such an election
shall name the additional metropolitan functions which the
metropolitan municipal corporation shall be authorized to
perform.
Upon receipt of such a petition, the auditor shall
examine the signatures thereon and certify to the sufficiency
thereof. For the purpose of examining the signatures on
such petition, the auditor shall be permitted access to all
voter registration books of any component county and of all
component cities. No person may withdraw his name from
a petition after it has been filed with the auditor. Within
thirty days following the receipt of such petition, the auditor
shall transmit the same to the metropolitan council, together
with his certificate as to the sufficiency of signatures
thereon.
Upon receipt of a valid resolution or duly certified
petition calling for an election on the authorization of the
performance of one or more additional metropolitan functions, the metropolitan council shall cause to be called a
special election to be held not more than one hundred and
twenty days nor less than sixty days following such receipt.
Such special election shall be conducted and canvassed as
provided in this chapter for an election on the question of
forming a metropolitan municipal corporation. The ballot
proposition shall be in substantially the following form:
"Shall the . . . . . . metropolitan municipal corporation be authorized to perform the additional metropolitan functions of . . . . . . (here insert the title of
each of the additional functions to be authorized as
set forth in the petition or resolution)?
(2002 Ed.)
Metropolitan Municipal Corporations
YES . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
"
If a majority of the persons voting on the proposition shall
vote in favor thereof, the metropolitan municipal corporation
shall be authorized to perform such additional metropolitan
function or functions. [1967 c 105 § 2; 1965 c 7 §
35.58.100. Prior: 1957 c 213 § 10.]
35.58.110 Additional functions—Authorized without
election. A metropolitan municipal corporation may be
authorized to perform one or more metropolitan functions in
addition to those which it previously has been authorized to
perform, without an election, in the manner provided in this
section. A resolution providing for the performance of such
additional metropolitan function or functions shall be
adopted by the metropolitan council. A copy of such
resolution shall be transmitted by registered mail to the
legislative body of each component city and county. If,
within ninety days after the date of such mailing, a concurring resolution is adopted by the legislative body of each
component county, of each component city of the first class,
and of at least two-thirds of all other component cities, and
such concurring resolutions are transmitted to the metropolitan council, such council shall by resolution declare that the
metropolitan municipal corporation has been authorized to
perform such additional metropolitan function or functions.
A copy of such resolution shall be transmitted by registered
mail to the legislative body of each component city and
county and of each special district which will be affected by
the particular additional metropolitan function authorized.
[1965 c 7 § 35.58.110. Prior: 1957 c 213 § 11.]
Election required to authorize public transportation function: RCW
35.58.245.
35.58.112 Recommended comprehensive plan for
performance of additional function—Study and preparation. The metropolitan council of a metropolitan municipal
corporation upon the affirmative vote of two-thirds of the
members of such council may make planning, engineering,
legal, financial and feasibility studies preliminary to or
incident to the preparation of a recommended comprehensive
plan for any metropolitan function, and may prepare such a
recommended comprehensive plan before the metropolitan
municipal corporation has been authorized to perform such
function. The studies and plan may cover territory within
and without the metropolitan municipal corporation. A
recommended comprehensive plan prepared pursuant to this
section for any metropolitan function may not be adopted by
the metropolitan council unless the metropolitan municipal
corporation shall have been authorized to perform such
function. [1967 c 105 § 7.]
35.58.114 Recommended comprehensive plan for
performance of additional function—Resolution for
special election to authorize additional function—
Contents—Hearings—Election procedure. Whenever a
recommended comprehensive plan for the performance of
any additional metropolitan function shall have been prepared and the metropolitan council shall have found the plan
to be feasible the council may by resolution call a special
election to authorize the performance of such additional
(2002 Ed.)
35.58.100
function without the filing of the petitions or resolutions
provided for in RCW 35.58.100.
If the metropolitan council shall determine that the
performance of such function requires enlargement of the
metropolitan area, such resolution shall contain a description
of the boundaries of the proposed metropolitan area and may
be adopted only after a public hearing thereon before the
council. Notice of such hearing shall be published once a
week for at least two consecutive weeks in one or more
newspapers of general circulation within the proposed
metropolitan area. The notice shall contain a description of
the boundaries of the proposed metropolitan area, shall name
the additional function or functions to be performed and
shall state the time and place of the hearing and the fact that
any changes in the boundaries of the proposed metropolitan
area will be considered at such time and place. At such
hearing any interested person may appear and be heard. The
council may make such changes in the proposed metropolitan area as they shall deem reasonable and proper, but may
not delete any portion of the existing metropolitan area and
may not delete any portion of the proposed additional area
which will create an island of included or excluded lands.
If the council shall determine that the proposed additional
area should be further enlarged, a second hearing shall be
held and notice given in the same manner as for the original
hearing. The council may adjourn the hearing or hearings
from time to time.
Following the conclusion of such hearing or hearings
the council may adopt a resolution fixing the boundaries of
the proposed metropolitan area and calling a special election
on the performance of such additional function. If the
metropolitan municipal corporation is then authorized to
perform the function of metropolitan sewage disposal the
council may provide in such resolution that local governmental agencies collecting sewage from areas outside the
metropolitan area as same is constituted on the date of
adoption of such resolution will not thereafter be required to
discharge such sewage into the metropolitan sewer system or
to secure approval of local construction plans from the
metropolitan municipal corporation unless such local agency
shall first have entered into a contract with the metropolitan
municipal corporation for the disposal of such sewage. The
metropolitan council may also provide in such resolution that
the authorization to perform such additional function be
effective only if the voters at such election also authorize the
issuance of any general obligation bonds required to carry
out the recommended comprehensive plan.
The resolution calling such election shall fix the form of
the ballot proposition and the same may vary from that
specified in RCW 35.58.100. If the metropolitan council
shall find that the issuance of general obligation bonds is
necessary to perform such additional function and to carry
out such recommended comprehensive plan then the ballot
proposition shall set forth the principal amount of such
bonds and the maximum maturity thereof and the proposition
shall be so worded that the voters may by a single yes or no
vote authorize the performance of the designated function in
the area described in the resolution and the issuance of such
general obligation bonds.
The persons voting at such election shall be all of the
qualified voters who have resided within the boundaries of
the proposed metropolitan area for at least thirty days
[Title 35 RCW—page 195]
35.58.114
Title 35 RCW: Cities and Towns
preceding the date of the election. The election shall be
conducted and canvassed as provided in RCW 35.58.090.
If the resolution calling such election does not require
the approval of general obligation bonds as a condition of
the performance of such additional function and if a majority
of the persons voting on the ballot proposition residing
within the existing metropolitan municipal corporation shall
vote in favor thereof and a majority of the persons residing
within the area proposed to be added to the existing metropolitan municipal corporation shall vote in favor thereof the
boundaries described in the resolution calling the election
shall become the boundaries of the metropolitan municipal
corporation and the metropolitan municipal corporation shall
be authorized to perform the additional function described in
the proposition.
If the resolution calling such election shall require the
authorization of general obligation bonds as a condition of
the performance of such additional function, then to be
effective the ballot proposition must be approved as provided
in the preceding paragraph and must also be approved by at
least three-fifths of the persons voting thereon and the
number of persons voting on such proposition must constitute not less than forty percent of the total number of votes
cast within such area at the last preceding state general
election. [1967 c 105 § 8.]
c 190 § 3; 1974 ex.s. c 70 § 5; 1971 ex.s. c 303 § 5; 1969
ex.s. c 135 § 1; 1967 c 105 § 3; 1965 c 7 § 35.58.120.
Prior: 1957 c 213 § 12.]
35.58.116 Proposition for issuance of general
obligation bonds or levy of general tax—Submission at
same election or special election. The metropolitan council
may at the same election called to authorize the performance
of an additional function or at a special election called by
the council after it has been authorized to perform any
metropolitan function submit a proposition for the issuance
of general obligation bonds for capital purposes as provided
in RCW 35.58.450 or a proposition for the levy of a general
tax for any authorized purpose for one year in such total
dollar amount as the metropolitan council may determine and
specify in such proposition. Any such proposition to be
effective must be assented to by at least three-fifths of the
persons voting thereon and the number of persons voting on
such proposition shall constitute not less than forty percent
of the total number of votes cast within the metropolitan area
at the last preceding state general election. Any such
proposition shall only be effective if the performance of the
additional function shall be authorized at such election or
shall have been authorized prior thereto. [1967 c 105 § 9.]
35.58.140 Metropolitan council—Terms. Each
member of a metropolitan council except those selected
under the provisions of *RCW 35.58.120 (1)(a), (5), (7), and
(8), shall hold office at the pleasure of the body which
selected him. Each member, who shall hold office ex
officio, may not hold office after he ceases to hold the
position of elected county executive, mayor, commissioner,
or councilman. The chairman shall hold office until the
second Tuesday in July of each even-numbered year and
may, if reelected, serve more than one term. Each member
shall hold office until his successor has been selected as
provided in this chapter. [1971 ex.s. c 303 § 6; 1969 ex.s.
c 135 § 2; 1967 c 105 § 4; 1965 c 7 § 35.58.140. Prior:
1957 c 213 § 14.]
35.58.120 Metropolitan council—Composition.
Unless the rights, powers, functions, and obligations of a
metropolitan municipal corporation have been assumed by a
county as provided in chapter 36.56 RCW, a metropolitan
municipal corporation shall be governed by a metropolitan
council composed of elected officials of the component
counties and component cities, and possibly other persons,
as determined by agreement of each of the component
counties and the component cities equal in number to at least
twenty-five percent of the total number of component cities
that have at least seventy-five percent of the combined
component city populations. The agreement shall remain in
effect until altered in the same manner as the initial composition is determined. [1993 c 240 § 4; 1983 c 92 § 1; 1981
[Title 35 RCW—page 196]
35.58.130 Metropolitan council—Organization,
chairman, procedures. At the first meeting of the metropolitan council following the formation of a metropolitan
municipal corporation, the mayor of the central city shall
serve as temporary chairman. As its first official act the
council shall elect a chairman. The chairman shall be a
voting member of the council and shall preside at all
meetings. In the event of his absence or inability to act the
council shall select one of its members to act as chairman
pro tempore. A majority of all members of the council shall
constitute a quorum for the transaction of business. A
smaller number of council members than a quorum may
adjourn from time to time and may compel the attendance of
absent members in such manner and under such penalties as
the council may provide. The council shall determine its
own rules and order of business, shall provide by resolution
for the manner and time of holding all regular and special
meetings and shall keep a journal of its proceedings which
shall be a public record. Every legislative act of the council
of a general or permanent nature shall be by resolution.
[1965 c 7 § 35.58.130. Prior: 1957 c 213 § 13.]
*Reviser’s note: RCW 35.58.120 was amended by 1993 c 240 § 4
deleting subsections (1)(a), (5), (7), and (8).
35.58.150 Metropolitan council—Vacancies. A
vacancy in the office of a member of the metropolitan
council shall be filled in the same manner as provided for
the original selection. The meeting of mayors to fill a
vacancy of the member selected under the provisions of
*RCW 35.58.120(4) or of special district representatives to
fill a vacancy of a member selected under *RCW
35.58.120(7) shall be held at such time and place as shall be
designated by the chairman of the metropolitan council after
ten days’ written notice mailed to the mayors of each of the
cities specified in *RCW 35.58.120(4) or to the representatives of the special purpose districts specified in *RCW
35.58.120(7), whichever is applicable. [1984 c 44 § 1; 1967
c 105 § 5; 1965 c 7 § 35.58.150. Prior: 1957 c 213 § 15.]
*Reviser’s note: RCW 35.58.120 was amended by 1993 c 240 § 4
deleting subsections (4) and (7).
(2002 Ed.)
Metropolitan Municipal Corporations
35.58.160 Metropolitan council—Compensation—
Waiver of compensation. The chairman and committee
chairmen of the metropolitan council except elected public
officials serving on a full-time salaried basis may receive
such compensation as the other members of the metropolitan
council shall provide. Members of the council other than the
chairman and committee chairmen shall receive compensation of fifty dollars per day or portion thereof for attendance
at metropolitan council or committee meetings, or for
performing other services on behalf of the metropolitan
municipal corporation, but not exceeding a total of four
thousand eight hundred dollars in any year, in addition to
any compensation which they may receive as officers of
component cities or counties: PROVIDED, That elected
public officers serving in such capacities on a full-time basis
shall not receive compensation for attendance at metropolitan, council, or committee meetings, or otherwise performing
services on behalf of the metropolitan municipal corporation:
PROVIDED FURTHER, That committee chairmen shall not
receive compensation in any one year greater than one-third
of the compensation authorized for the county commissioners
or county councilmen of the central county.
Any member of the council may waive all or any
portion of his or her compensation payable under this section
as to any month or months during his or her term of office,
by a written waiver filed with the council as provided in this
section. The waiver, to be effective, must be filed any time
after the member’s selection and prior to the date on which
the compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
All members of the council shall be reimbursed for
expenses actually incurred by them in the conduct of official
business for the metropolitan municipal corporation. [1985
c 330 § 1; 1974 ex.s. c 84 § 2; 1965 c 7 § 35.58.160. Prior:
1957 c 213 § 16.]
35.58.170 Corporation name and seal. The name of
a metropolitan municipal corporation shall be established by
its metropolitan council. Each metropolitan municipal
corporation shall adopt a corporate seal containing the name
of the corporation and the date of its formation. [1965 c 7
§ 35.58.170. Prior: 1957 c 213 § 17.]
35.58.180 General powers of corporation. In
addition to the powers specifically granted by this chapter a
metropolitan municipal corporation shall have all powers
which are necessary to carry out the purposes of the metropolitan municipal corporation and to perform authorized
metropolitan functions. A metropolitan municipal corporation may contract with the United States or any agency
thereof, any state or agency thereof, any other metropolitan
municipal corporation, any county, city, special district, or
governmental agency and any private person, firm or
corporation for the purpose of receiving gifts or grants or
securing loans or advances for preliminary planning and
feasibility studies, or for the design, construction or operation of metropolitan facilities and a metropolitan municipal
corporation may contract with any governmental agency or
with any private person, firm or corporation for the use by
either contracting party of all or any part of the facilities,
structures, lands, interests in lands, air rights over lands and
(2002 Ed.)
35.58.160
rights of way of all kinds which are owned, leased or held
by the other party and for the purpose of planning, constructing or operating any facility or performing any service which
the metropolitan municipal corporation may be authorized to
operate or perform, on such terms as may be agreed upon by
the contracting parties: PROVIDED, That before any
contract for the lease or operation of any metropolitan public
transportation facilities shall be let to any private person,
firm or corporation, a general schedule of rental rates for bus
equipment with or without drivers shall be publicly posted
applicable to all private certificated carriers, and for other
facilities competitive bids shall first be called upon such
notice, bidder qualifications and bid conditions as the
metropolitan council shall determine.
A metropolitan municipal corporation may sue and be
sued in its corporate capacity in all courts and in all proceedings. [1974 ex.s. c 84 § 3; 1967 c 105 § 6; 1965 c 7 §
35.58.180. Prior: 1957 c 213 § 18.]
35.58.190 Performance of function or functions—
Commencement date. The metropolitan council shall
provide by resolution the effective date on which the
metropolitan municipal corporation will commence to
perform any one or more of the metropolitan functions
which it shall have been authorized to perform. [1965 c 7
§ 35.58.190. Prior: 1957 c 213 § 19.]
35.58.200 Powers relative to water pollution
abatement. If a metropolitan municipal corporation shall be
authorized to perform the function of metropolitan water
pollution abatement, it shall have the following powers in
addition to the general powers granted by this chapter:
(1) To prepare a comprehensive water pollution abatement plan including provisions for waterborne pollutant
removal, water quality improvement, sewage disposal, and
storm water drainage for the metropolitan area.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate and regulate the use of metropolitan
facilities for water pollution abatement, including but not
limited to, removal of waterborne pollutants, water quality
improvement, sewage disposal and storm water drainage
within or without the metropolitan area, including but not
limited to trunk, interceptor and outfall sewers, whether used
to carry sanitary waste, storm water, or combined storm and
sanitary sewage, lift and pumping stations, pipelines, drains,
sewage treatment plants, flow control structures together with
all lands, property rights, equipment and accessories necessary for such facilities. Sewer facilities which are owned by
a county, city, or special district may be acquired or used by
the metropolitan municipal corporation only with the consent
of the legislative body of the county, city, or special districts
owning such facilities. Counties, cities, and special districts
are hereby authorized to convey or lease such facilities to
metropolitan municipal corporations or to contract for their
joint use on such terms as may be fixed by agreement
between the legislative body of such county, city, or special
district and the metropolitan council, without submitting the
matter to the voters of such county, city, or district.
(3) To require counties, cities, special districts and other
political subdivisions to discharge sewage collected by such
[Title 35 RCW—page 197]
35.58.200
Title 35 RCW: Cities and Towns
entities from any portion of the metropolitan area which can
drain by gravity flow into such metropolitan facilities as may
be provided to serve such areas when the metropolitan
council shall declare by resolution that the health, safety, or
welfare of the people within the metropolitan area requires
such action.
(4) To fix rates and charges for the use of metropolitan
water pollution abatement facilities, and to expend the
moneys so collected for authorized water pollution abatement
activities.
(5) To establish minimum standards for the construction
of local water pollution abatement facilities and to approve
plans for construction of such facilities by component
counties or cities or by special districts, which are connected
to the facilities of the metropolitan municipal corporation.
No such county, city, or special district shall construct such
facilities without first securing such approval.
(6) To acquire by purchase, condemnation, gift, or grant,
to lease, construct, add to, improve, replace, repair, maintain,
operate and regulate the use of facilities for the local
collection of sewage or storm water in portions of the
metropolitan area not contained within any city or special
district operating local public sewer facilities and, with the
consent of the legislative body of any such city or special
district, to exercise such powers within such city or special
district and for such purpose to have all the powers conferred by law upon such city or special district with respect
to such local collection facilities: PROVIDED, That such
consent shall not be required if the department of ecology
certifies that a water pollution problem exists within any
such city or special district and notifies the city or special
district to correct such problem and corrective construction
of necessary local collection facilities shall not have been
commenced within one year after notification. All costs of
such local collection facilities shall be paid for by the area
served thereby.
(7) To participate fully in federal and state programs
under the federal water pollution control act (86 Stat. 816 et
seq., 33 U.S.C. 1251 et seq.) and to take all actions necessary to secure to itself or its component agencies the benefits
of that act and to meet the requirements of that act, including but not limited to the following:
(a) authority to develop and implement such plans as
may be appropriate or necessary under the act.
(b) authority to require by appropriate regulations that
its component agencies comply with all effluent treatment
and limitation requirements, standards of performance
requirements, pretreatment requirements, a user charge and
industrial cost recovery system conforming to federal
regulation, and all conditions of national permit discharge
elimination system permits issued to the metropolitan
municipal corporation or its component agencies. Adoption
of such regulations and compliance therewith shall not
constitute a breach of any sewage disposal contract between
a metropolitan municipal corporation and its component
agencies nor a defense to an action for the performance of
all terms and conditions of such contracts not inconsistent
with such regulations and such contracts, as modified by
such regulations, shall be in all respects valid and enforceable. [1975 c 36 § 1; 1974 ex.s. c 70 § 6; 1971 ex.s. c 303
§ 7; 1965 c 7 § 35.58.200. Prior: 1957 c 213 § 20.]
[Title 35 RCW—page 198]
35.58.210 Metropolitan water pollution abatement
advisory committee. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water pollution abatement, the metropolitan council shall,
prior to the effective date of the assumption of such function, cause a metropolitan water pollution abatement advisory
committee to be formed by notifying the legislative body of
each component city and county which operates a sewer
system to appoint one person to serve on such advisory
committee and the board of commissioners of each watersewer district which operates a sewer system, any portion of
which lies within the metropolitan area, to appoint one
person to serve on such committee who shall be a commissioner of such a water-sewer district. The metropolitan
water pollution abatement advisory committee shall meet at
the time and place provided in the notice and elect a
chairman. The members of such committee shall serve at
the pleasure of the appointing bodies and shall receive no
compensation other than reimbursement for expenses actually
incurred in the performance of their duties. The function of
such advisory committee shall be to advise the metropolitan
council in matters relating to the performance of the water
pollution abatement function. [1999 c 153 § 33; 1974 ex.s.
c 70 § 7; 1965 c 7 § 35.58.210. Prior: 1957 c 213 § 21.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.58.215 Powers relative to systems of sewerage.
A metropolitan municipal corporation authorized to perform
water pollution abatement may exercise all the powers
relating to systems of sewerage authorized by RCW
36.94.010, 36.94.020, and 36.94.140 for counties. [1997 c
447 § 13.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
35.58.220 Powers relative to water supply. If a
metropolitan municipal corporation shall be authorized to
perform the function of metropolitan water supply, it shall
have the following powers in addition to the general powers
granted by this chapter:
(1) To prepare a comprehensive plan for the development of sources of water supply, trunk supply mains and
water treatment and storage facilities for the metropolitan
area.
(2) To acquire by purchase, condemnation, gift or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate and regulate the use of metropolitan
facilities for water supply within or without the metropolitan
area, including buildings, structures, water sheds, wells,
springs, dams, settling basins, intakes, treatment plants, trunk
supply mains and pumping stations, together with all lands,
property, equipment and accessories necessary to enable the
metropolitan municipal corporation to obtain and develop
sources of water supply, treat and store water and deliver
water through trunk supply mains. Water supply facilities
which are owned by a city or special district may be
acquired or used by the metropolitan municipal corporation
only with the consent of the legislative body of the city or
special district owning such facilities. Cities and special
(2002 Ed.)
Metropolitan Municipal Corporations
districts are hereby authorized to convey or lease such
facilities to metropolitan municipal corporations or to
contract for their joint use on such terms as may be fixed by
agreement between the legislative body of such city or
special district and the metropolitan council, without submitting the matter to the voters of such city or special district.
(3) To fix rates and charges for water supplied by the
metropolitan municipal corporation.
(4) To acquire by purchase, condemnation, gift or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate and regulate the use of facilities for the
local distribution of water in portions of the metropolitan
area not contained within any city, or water-sewer district
that operates a water system, and, with the consent of the
legislative body of any city or the water-sewer district, to
exercise such powers within such city or water-sewer district
and for such purpose to have all the powers conferred by
law upon such city or water-sewer district with respect to
such local distribution facilities. All costs of such local
distribution facilities shall be paid for by the area served
thereby. [1999 c 153 § 34; 1965 c 7 § 35.58.220. Prior:
1957 c 213 § 22.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.58.230 Metropolitan water advisory committee.
If a metropolitan municipal corporation shall be authorized
to perform the function of metropolitan water supply, the
metropolitan council shall, prior to the effective date of the
assumption of such function, cause a metropolitan water
advisory committee to be formed by notifying the legislative
body of each component city which operates a water system
to appoint one person to serve on such advisory committee
and the board of commissioners of each water-sewer district
that operates a water system, any portion of which lies
within the metropolitan area, to appoint one person to serve
on such committee who shall be a water-sewer district
commissioner. The metropolitan water advisory committee
shall meet at the time and place provided in the notice and
elect a chairman. The members of such committee shall
serve at the pleasure of the appointing bodies and shall
receive no compensation other than reimbursement for
expenses actually incurred in the performance of their duties.
The function of such advisory committee shall be to advise
the metropolitan council with respect to matters relating to
the performance of the water supply function.
The requirement to create a metropolitan water advisory
committee shall not apply to a county that has assumed the
rights, powers, functions, and obligations of the metropolitan
municipal corporation under chapter 36.56 RCW. [1999 c
153 § 35; 1993 c 240 § 5; 1965 c 7 § 35.58.230. Prior:
1957 c 213 § 23.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.58.240 Powers relative to transportation. If a
metropolitan municipal corporation shall be authorized to
perform the function of metropolitan transportation, it shall
have the following powers in addition to the general powers
granted by this chapter:
(2002 Ed.)
35.58.220
(1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best
serve the residents of the metropolitan area and to amend
said plan from time to time to meet changed conditions and
requirements.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate, and regulate the use of metropolitan
transportation facilities and properties within or without the
metropolitan area, including systems of surface, underground, or overhead railways, tramways, buses, or any other
means of local transportation except taxis, and including
escalators, moving sidewalks, or other people-moving
systems, passenger terminal and parking facilities and
properties, and such other facilities and properties as may be
necessary for passenger and vehicular access to and from
such people-moving systems, terminal and parking facilities
and properties, together with all lands, rights of way,
property, equipment, and accessories necessary for such
systems and facilities. Public transportation facilities and
properties which are owned by any city may be acquired or
used by the metropolitan municipal corporation only with the
consent of the city council of the city owning such facilities.
Cities are hereby authorized to convey or lease such facilities
to metropolitan corporations or to contract for their joint use
on such terms as may be fixed by agreement between the
city council of such city and the metropolitan council,
without submitting the matter to the voters of such city.
The facilities and properties of a metropolitan public
transportation system whose vehicles will operate primarily
within the rights of way of public streets, roads, or highways, may be acquired, developed and operated without the
corridor and design hearings which are required by *RCW
35.58.273 for mass transit facilities operating on a separate
right of way.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students.
Classes of service and fares will be maintained in the several
parts of the metropolitan area at such levels as will provide,
insofar as reasonably practicable, that the portion of any
annual transit operating deficit of the metropolitan municipal
corporation attributable to the operation of all routes, taken
as a whole, which are located within the central city is
approximately in proportion to the portion of total taxes
collected by or on behalf of the metropolitan municipal
corporation for transit purposes within the central city, and
that the portion of such annual transit operating deficit
attributable to the operation of all routes, taken as a whole,
which are located outside the central city, is approximately
in proportion to the portion of such taxes collected outside
the central city.
In the event any metropolitan municipal corporation
shall extend its metropolitan transportation function to any
area or service already offered by any company holding a
certificate of public convenience and necessity from the
Washington utilities and transportation commission under
RCW 81.68.040, it shall by purchase or condemnation
acquire at the fair market value, from the person holding the
existing certificate for providing the services, that portion of
[Title 35 RCW—page 199]
35.58.240
Title 35 RCW: Cities and Towns
the operating authority and equipment representing the
services within the area of public operation. [1981 c 25 § 1;
1971 ex.s. c 303 § 8; 1967 c 105 § 11; 1965 c 7 §
35.58.240. Prior: 1957 c 213 § 24.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
35.58.245 Public transportation function—
Authorization by election required—Procedure. Notwithstanding any other provision of chapter 35.58 RCW a
metropolitan municipal corporation may perform the function
of metropolitan public transportation only if the performance
of such function is authorized by election. The metropolitan
council may call such election and certify the ballot proposition. The election shall be conducted and canvassed as
provided in RCW 35.58.090 and the municipality shall be
authorized to perform the function of metropolitan public
transportation if a majority of the persons voting on the
proposition shall vote in favor. [1971 ex.s. c 303 § 1.]
35.58.250 Other local public passenger transportation service prohibited—Agreements—Purchase—
Condemnation. Except in accordance with an agreement
made as provided herein, upon the effective date on which
the metropolitan municipal corporation commences to
perform the metropolitan transportation function, no person
or private corporation shall operate a local public passenger
transportation service within the metropolitan area with the
exception of taxis, busses owned or operated by a school
district or private school, and busses owned or operated by
any corporation or organization solely for the purposes of the
corporation or organization and for the use of which no fee
or fare is charged.
An agreement may be entered into between the metropolitan municipal corporation and any person or corporation
legally operating a local public passenger transportation
service wholly within or partly within and partly without the
metropolitan area and on said effective date under which
such person or corporation may continue to operate such
service or any part thereof for such time and upon such
terms and conditions as provided in such agreement. Where
any such local public passenger transportation service will be
required to cease to operate within the metropolitan area, the
commission may agree with the owner of such service to
purchase the assets used in providing such service, or if no
agreement can be reached, the commission shall condemn
such assets in the manner provided herein for the condemnation of other properties.
Wherever a privately owned public carrier operates
wholly or partly within a metropolitan municipal corporation,
the Washington utilities and transportation commission shall
continue to exercise jurisdiction over such operation as
provided by law. [1965 c 7 § 35.58.250. Prior: 1957 c 213
§ 25.]
35.58.260 Transportation function—Acquisition of
city system. If a metropolitan municipal corporation shall
be authorized to perform the metropolitan transportation
function, it shall, upon the effective date of the assumption
of such power, have and exercise all rights with respect to
the construction, acquisition, maintenance, operation,
extension, alteration, repair, control and management of
[Title 35 RCW—page 200]
passenger transportation which any component city shall
have been previously empowered to exercise and such
powers shall not thereafter be exercised by such component
cities without the consent of the metropolitan municipal
corporation: PROVIDED, That any city owning and
operating a public transportation system on such effective
date may continue to operate such system within such city
until such system shall have been acquired by the metropolitan municipal corporation and a metropolitan municipal
corporation may not acquire such system without the consent
of the city council of such city. [1965 c 7 § 35.58.260.
Prior: 1957 c 213 § 26.]
35.58.265 Acquisition of existing transportation
system—Assumption of labor contracts—Transfer of
employees—Preservation of employee benefits—Collective
bargaining. If a metropolitan municipal corporation shall
perform the metropolitan transportation function and shall
acquire any existing transportation system, it shall assume
and observe all existing labor contracts relating to such
system and, to the extent necessary for operation of facilities,
all of the employees of such acquired transportation system
whose duties are necessary to operate efficiently the facilities
acquired shall be appointed to comparable positions to those
which they held at the time of such transfer, and no employee or retired or pensioned employee of such systems shall be
placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he
enjoyed as an employee of such system prior to such
acquisition. The metropolitan municipal corporation shall
engage in collective bargaining with the duly appointed
representatives of any employee labor organization having
existing contracts with the acquired transportation system
and may enter into labor contracts with such employee labor
organization. [1965 c 91 § 1.]
Retention of employees, preservation of pension rights and other benefits
upon acquisition of metropolitan facility: RCW 35.58.380 through
35.58.400.
35.58.268 Public transportation employees—Payroll
deduction for political action committees. Any public
official authorized to disburse funds in payment of salaries
and wages of public transportation employees may, upon
written request of the employee, deduct from the salary or
wages of the employee, contributions for payment of
voluntary deductions for political action committees sponsored by labor or employee organizations with public
transportation employees as members. For the purposes of
this section, "public transportation employees" means
employees of a public transportation system specified in
RCW 35.58.272 who are covered by a collective bargaining
agreement. [1985 c 204 § 1.]
35.58.270 Metropolitan transit commission. If a
metropolitan municipal corporation shall be authorized to
perform the function of metropolitan transportation with a
commission form of management, a metropolitan transit
commission shall be formed prior to the effective date of the
assumption of such function. Except as provided in this
section, the metropolitan transit commission shall exercise all
powers of the metropolitan municipal corporation with
(2002 Ed.)
Metropolitan Municipal Corporations
respect to metropolitan transportation facilities, including but
not limited to the power to construct, acquire, maintain,
operate, extend, alter, repair, control and manage a local
public transportation system within and without the metropolitan area, to establish new passenger transportation
services and to alter, curtail, or abolish any services as the
commission may deem desirable and to fix tolls and fares.
The comprehensive plan for public transportation service
and any amendments thereof shall be adopted by the
metropolitan council and the metropolitan transit commission
shall provide transportation facilities and service consistent
with such plan. The metropolitan transit commission shall
authorize expenditures for transportation purposes within the
budget adopted by the metropolitan council. Tolls and fares
may be fixed or altered by the commission only after
approval thereof by the metropolitan council. Bonds of the
metropolitan municipal corporation for public transportation
purposes shall be issued by the metropolitan council as
provided in this chapter.
The metropolitan transit commission shall consist of
seven members. Six of such members shall be appointed by
the metropolitan council and the seventh member shall be
the chairman of the metropolitan council who shall be ex
officio the chairman of the metropolitan transit commission.
Three of the six appointed members of the commission shall
be residents of the central city and three shall be residents of
the metropolitan area outside of the central city. The three
central city members of the first metropolitan transit commission shall be selected from the existing transit commission of the central city, if there be a transit commission in
such city. The terms of first appointees shall be for one,
two, three, four, five and six years, respectively. Thereafter,
commissioners shall serve for a term of four years. Compensation of transit commissioners shall be determined by
the metropolitan council.
The requirement to create a metropolitan transit commission shall not apply to a county that has assumed the
rights, powers, functions, and obligations of the metropolitan
municipal corporation under chapter 36.56 RCW. [1993 c
240 § 6; 1967 c 105 § 12; 1965 c 7 § 35.58.270. Prior:
1957 c 213 § 27.]
35.58.271 Public transportation in municipalities—
Financing. See chapter 35.95 RCW.
35.58.2711 Local sales and use taxes for financing
public transportation systems. See RCW 82.14.045
through 82.14.060.
35.58.2712 Public transportation feasibility study—
Advanced financial support payments. Any municipality,
as defined in RCW 35.95.020, may be eligible to receive a
one-time advanced financial support payment to perform a
feasibility study to determine the need for public transportation to serve its residents. This payment shall be governed
by the following conditions:
(1) The payment shall precede any advanced financial
support payment to develop a plan pursuant to RCW
36.57A.150;
(2) The amount of such payment shall be commensurate
with the number of residents in and the size of the land area
(2002 Ed.)
35.58.270
of such municipality and the number and size of school
districts in such municipality and shall not exceed one
hundred ten thousand dollars; and
(3) Repayment of an advanced financial support
payment shall be made to the general fund by the municipality within two years after the date such advanced payment
was received. The study shall be completed within one year
after the date such advanced payment was received. The
study and its recommendations shall then be presented to the
legislative authority of the municipality. Within six months
of its receipt of the study and its recommendations, the
legislative authority shall pass a resolution adopting or
rejecting all or part of the study. A copy of the resolution
shall be transmitted to the state agency administering this
section. Such repayment shall be waived within two years
of the date such advanced payment was received if the
legislative authority or the voters in such municipality do not
elect to levy and collect taxes to support public transportation in their area. Such repayment shall not be waived in
the event any of the provisions of this subsection are not
followed;
(4) The feasibility study shall give consideration to
consolidating or coordinating all or any portion of the K-12
pupil transportation system within the proposed boundaries
of the municipality. Any school district lying wholly or in
part within the proposed boundaries shall fully cooperate in
the study unless the school board shall pass a resolution to
the contrary setting forth the reasons therefor. A copy of the
resolution shall be forwarded to the secretary of the department of transportation for inclusion in the municipality’s
application file.
The department of transportation shall provide technical
assistance in the preparation of feasibility studies, and shall
adopt reasonable rules and regulations to carry out the
provisions of this section. [1979 c 59 § 1; 1977 ex.s. c 44
§ 6.]
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
35.58.272 Public transportation systems—
Definitions. "Municipality" as used in *RCW 35.58.272
through 35.58.279, as now or hereafter amended, and in
RCW 36.57.080, 36.57.100, 36.57.110, 35.58.2721,
35.58.2794, and chapter 36.57A RCW, means any metropolitan municipal corporation which shall have been authorized
to perform the function of metropolitan public transportation;
any county performing the public transportation function as
authorized by RCW 36.57.100 and 36.57.110 or which has
established a county transportation authority pursuant to
chapter 36.57 RCW; any public transportation benefit area
established pursuant to chapter 36.57A RCW; and any city,
which is not located within the boundaries of a metropolitan
municipal corporation, county transportation authority, or
public transportation benefit area, and which owns, operates
or contracts for the services of a publicly owned or operated
system of transportation: PROVIDED, That the term
"municipality" shall mean in respect to any county performing the public transportation function pursuant to RCW
36.57.100 and 36.57.110 only that portion of the unincorporated area lying wholly within such unincorporated transportation benefit area.
[Title 35 RCW—page 201]
35.58.272
Title 35 RCW: Cities and Towns
"Motor vehicle" as used in *RCW 35.58.272 through
35.58.279, as now or hereafter amended, shall have the same
meaning as in RCW 82.44.010.
"County auditor" shall mean the county auditor of any
county or any person designated to perform the duties of a
county auditor pursuant to RCW 82.44.140.
"Person" shall mean any individual, corporation, firm,
association or other form of business association. [1975 1st
ex.s. c 270 § 1; 1969 ex.s. c 255 § 7.]
*Reviser’s note: RCW 35.58.273 through 35.58.279 were repealed
by 2002 c 6 § 2.
Severability—1975 1st ex.s. c 270: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 270 § 30.]
Effective date—1975 1st ex.s. c 270: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 270 § 31.]
Construction—1969 ex.s. c 255: "The powers and authority
conferred upon municipalities under the provisions of this 1969 act shall be
in addition to and supplemental to powers or authority conferred by any
other law, and nothing contained herein limits any other power or authority
of such municipalities." [1969 ex.s. c 255 § 21.]
Severability—1969 ex.s. c 255: "If any provision of this 1969 act,
or its application to any municipality, person or circumstance is held invalid,
the remainder of this 1969 act or the application of the provisions to other
municipalities, persons or circumstances is not affected." [1969 ex.s. c 255
§ 22.]
Contracts between political subdivisions for services and use of public
transportation systems: RCW 39.33.050.
35.58.2721 Public transportation systems—
Authority of municipalities to acquire, operate, etc.—
Indebtedness—Bond issues. (1) In addition to any other
authority now provided by law, and subject only to constitutional limitations, the governing body of any municipality
shall be authorized to acquire, construct, operate, and
maintain a public transportation system and additions and
betterments thereto, and to issue general obligation bonds for
public mass transportation capital purposes including but not
limited to replacement of equipment: PROVIDED, That the
general indebtedness incurred under this section when
considered together with all the other outstanding general
indebtedness of the municipality shall not exceed the
amounts of indebtedness authorized by chapter 39.36 RCW
and chapter 35.58 RCW, as now or hereafter amended, to be
incurred without and with the assent of the voters. Such
bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
Any municipality is authorized to pledge for the
payment or security of the principal of and interest on any
bonds issued for authorized public transportation purposes all
or any portion of any taxes authorized to be levied by the
issuer, including, but not limited to, the local sales and use
tax authorized pursuant to RCW 82.14.045, as now or
hereafter amended. No motor vehicle excise taxes under
*RCW 35.58.273 may be pledged for bonds.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1990 c 42 § 315; 1983 c 167 § 46; 1979 ex.s.
c 175 § 1; 1975 1st ex.s. c 270 § 7.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
[Title 35 RCW—page 202]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Financing of public transportation systems in municipalities: Chapter
35.95 RCW and RCW 82.14.045.
35.58.2794 Public transportation systems—
Research, testing, development, etc., of systems—Powers
to comply with federal laws. Any city, county, public
transportation benefit area authority, county transportation
authority, or metropolitan municipal corporation operating a
public transportation system shall be authorized to conduct,
contract for, participate in and support research, demonstration, testing and development of public transportation
systems, equipment and use incentives and shall have all
powers necessary to comply with any criteria, standards, and
regulations which may be adopted under the urban mass
transportation act (78 Stat. 302 et seq., 49 U.S.C. 1601 et
seq.) and to take all actions necessary to meet the requirements of that act. Any county in which a county transportation authority or public transportation benefit area shall have
been established and any metropolitan municipal corporation
which shall have been authorized to perform the function of
metropolitan public transportation shall have, in addition to
such powers, the authority to prepare, adopt and carry out a
comprehensive transit plan and to make such other plans and
studies and to perform such programs as the governing body
of the county authority public transportation benefit area
authority or metropolitan municipal corporation shall deem
necessary to implement and comply with said federal act.
[1975 1st ex.s. c 270 § 8.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
35.58.2795 Public transportation systems—Six-year
transit plans. By April 1st of each year, the legislative
authority of each municipality, as defined in RCW
35.58.272, and each regional transit authority shall prepare
a six-year transit development plan for that calendar year and
the ensuing five years. The program shall be consistent with
the comprehensive plans adopted by counties, cities, and
towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW,
the inherent authority of a first class city or charter county
derived from its charter, or chapter 36.70A RCW. The
program shall contain information as to how the municipality
intends to meet state and local long-range priorities for
public transportation, capital improvements, significant
operating changes planned for the system, and how the
municipality intends to fund program needs. The six-year
plan for each municipality and regional transit authority shall
specifically set forth those projects of regional significance
for inclusion in the transportation improvement program
within that region. Each municipality and regional transit
authority shall file the six-year program with the state
department of transportation, the transportation improvement
board, and cities, counties, and regional planning councils
within which the municipality is located.
In developing its program, the municipality and the
regional transit authority shall consider those policy recom(2002 Ed.)
Metropolitan Municipal Corporations
mendations affecting public transportation contained in the
state transportation policy plan approved by the state
transportation commission and, where appropriate, adopted
by the legislature. The municipality shall conduct one or
more public hearings while developing its program and for
each annual update. [1994 c 158 § 6; 1990 1st ex.s. c 17 §
60; 1989 c 396 § 1.]
Captions not law—Severability—Effective date—1994 c 158: See
RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35.58.2796 Public transportation systems—Annual
report by department. The department of transportation
shall develop an annual report summarizing the status of
public transportation systems in the state. By September 1st
of each year, copies of the report shall be submitted to the
legislative transportation committee and to each municipality,
as defined in RCW 35.58.272, and to individual members of
the municipality’s legislative authority. The department shall
prepare and submit a preliminary report by December 1,
1989.
To assist the department with preparation of the report,
each municipality shall file a system report by April 1st of
each year with the state department of transportation identifying its public transportation services for the previous
calendar year and its objectives for improving the efficiency
and effectiveness of those services. The system report shall
address those items required for each public transportation
system in the department’s report.
The department report shall describe individual public
transportation systems, including contracted transportation
services and dial-a-ride services, and include a statewide
summary of public transportation issues and data. The
descriptions shall include the following elements and such
other elements as the department deems appropriate after
consultation with the municipalities and the legislative
transportation committee:
(1) Equipment and facilities, including vehicle replacement standards;
(2) Services and service standards;
(3) Revenues, expenses, and ending balances, by fund
source;
(4) Policy issues and system improvement objectives,
including community participation in development of those
objectives and how those objectives address statewide
transportation priorities;
(5) Operating indicators applied to public transportation
services, revenues, and expenses. Operating indicators shall
include operating cost per passenger trip, operating cost per
revenue vehicle service hour, passenger trips per revenue
service hour, passenger trips per vehicle service mile, vehicle
service hours per employee, and farebox revenue as a
percent of operating costs. [1989 c 396 § 2.]
35.58.280 Powers relative to garbage disposal. If a
metropolitan municipal corporation shall be authorized to
perform the function of metropolitan garbage disposal, it
shall have the following powers in addition to the general
powers granted by this chapter:
(2002 Ed.)
35.58.2795
(1) To prepare a comprehensive garbage disposal plan
for the metropolitan area.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate and regulate the use of metropolitan
facilities for garbage disposal within or without the metropolitan area, including garbage disposal sites, central
collection station sites, structures, machinery and equipment
for the operation of central collection stations and for the
hauling and disposal of garbage by any means, together with
all lands, property, equipment and accessories necessary for
such facilities. Garbage disposal facilities which are owned
by a city or county may be acquired or used by the metropolitan municipal corporation only with the consent of the
legislative body of the city or county owning such facilities.
Cities and counties are hereby authorized to convey or lease
such facilities to metropolitan municipal corporations or to
contract for their joint use on such terms as may be fixed by
agreement between the legislative body of such city or
county and the metropolitan council, without submitting the
matter to the voters of such city or county.
(3) To fix rates and charges for the use of metropolitan
garbage disposal facilities.
(4) With the consent of any component city, to acquire
by purchase, condemnation, gift or grant and to lease,
construct, add to, improve, replace, repair, maintain, operate
and regulate the use of facilities for the local collection of
garbage within such city, and for such purpose to have all
the powers conferred by law upon such city with respect to
such local collection facilities. Nothing herein contained
shall be deemed to authorize the local collection of garbage
except in component cities. All costs of such local collection facilities shall be paid for by the area served thereby.
[1965 c 7 § 35.58.280. Prior: 1957 c 213 § 28.]
35.58.290 Powers relative to parks and parkways.
If a metropolitan municipal corporation shall be authorized
to perform the function of metropolitan parks and parkways,
it shall have the following powers in addition to the general
powers granted by this chapter:
(1) To prepare a comprehensive plan of metropolitan
parks and parkways.
(2) To acquire by purchase, condemnation, gift or grant,
to lease, construct, add to, improve, develop, replace, repair,
maintain, operate and regulate the use of metropolitan parks
and parkways, together with all lands, rights of way,
property, equipment and accessories necessary therefor. A
park or parkway shall be considered to be a metropolitan
facility if the metropolitan council shall by resolution find it
to be of use and benefit to all or a major portion of the
residents of the metropolitan area. Parks or parkways which
are owned by a component city or county may be acquired
or used by the metropolitan municipal corporation only with
the consent of the legislative body of such city or county.
Cities and counties are hereby authorized to convey or lease
such facilities to metropolitan municipal corporations or to
contract for their joint use on such terms as may be fixed by
agreement between the legislative bodies of such city or
county and the metropolitan council, without submitting the
matter to the voters of such city or county. If parks or
parkways which have been acquired or used as metropolitan
[Title 35 RCW—page 203]
35.58.290
Title 35 RCW: Cities and Towns
facilities shall no longer be used for park purposes by the
metropolitan municipal corporation, such facilities shall
revert to the component city or county which formerly
owned them.
(3) To fix fees and charges for the use of metropolitan
park and parkway facilities. [1965 c 7 § 35.58.290. Prior:
1957 c 213 § 29.]
condemnation all lands and property rights, both within and
without the metropolitan area, which are necessary for its
purposes. Such right of eminent domain shall be exercised
by the metropolitan council in the same manner and by the
same procedure as is or may be provided by law for cities,
except insofar as such laws may be inconsistent with the
provisions of this chapter. [1993 c 240 § 8; 1965 c 7 §
35.58.320. Prior: 1957 c 213 § 32.]
35.58.300 Metropolitan park board. If a metropolitan municipal corporation shall be authorized to perform the
function of metropolitan parks and parkways, a metropolitan
park board shall be formed prior to the effective date of the
assumption of such function. Except as provided in this
section, the metropolitan park board shall exercise all powers
of the metropolitan municipal corporation with respect to
metropolitan park and parkway facilities.
The metropolitan park board shall authorize expenditures for park and parkway purposes within the budget
adopted by the metropolitan council. Bonds of the metropolitan municipal corporation for park and parkway purposes
shall be issued by the metropolitan council as provided in
this chapter.
The metropolitan park board shall consist of five
members appointed by the metropolitan council at least two
of whom shall be residents of the central city. The terms of
first appointees shall be for one, two, three, four and five
years, respectively. Thereafter members shall serve for a
term of four years. Compensation of park board members
shall be determined by the metropolitan council.
The requirement to create a metropolitan park board
shall not apply to a county that has assumed the rights,
powers, functions, and obligations of the metropolitan
municipal corporation under chapter 36.56 RCW. [1993 c
240 § 7; 1965 c 7 § 35.58.300. Prior: 1957 c 213 § 30.]
Eminent domain by cities: Chapter 8.12 RCW.
35.58.310 Powers relative to planning. If a metropolitan municipal corporation shall be authorized to perform
the function of metropolitan comprehensive planning, it shall
have the following powers in addition to the general powers
granted by this chapter:
(1) To prepare a recommended comprehensive land use
and capital facilities plan for the metropolitan area.
(2) To review proposed zoning ordinances and resolutions or comprehensive plans of component cities and
counties and make recommendations thereon. Such proposed zoning ordinances and resolutions or comprehensive
plans must be submitted to the metropolitan council prior to
adoption and may not be adopted until reviewed and
returned by the metropolitan council. The metropolitan
council shall cause such ordinances, resolutions and plans to
be reviewed by the planning staff of the metropolitan
municipal corporation and return such ordinances, resolutions
and plans, together with their findings and recommendations
thereon within sixty days following their submission.
(3) To provide planning services for component cities
and counties upon request and upon payment therefor by the
cities or counties receiving such service. [1965 c 7 §
35.58.310. Prior: 1957 c 213 § 31.]
35.58.320 Eminent domain. A metropolitan municipal corporation shall have power to acquire by purchase and
[Title 35 RCW—page 204]
35.58.330 Powers may be exercised with relation to
public rights of way without franchise—Conditions. A
metropolitan municipal corporation shall have power to
construct or maintain metropolitan facilities in, along, on,
under, over, or through public streets, bridges, viaducts, and
other public rights of way without first obtaining a franchise
from the county or city having jurisdiction over the same:
PROVIDED, That such facilities shall be constructed and
maintained in accordance with the ordinances and resolutions
of such city or county relating to construction, installation
and maintenance of similar facilities in such public properties. [1965 c 7 § 35.58.330. Prior: 1957 c 213 § 33.]
35.58.340 Disposition of unneeded property. Except
as otherwise provided herein, a metropolitan municipal
corporation may sell, or otherwise dispose of any real or
personal property acquired in connection with any authorized
metropolitan function and which is no longer required for the
purposes of the metropolitan municipal corporation in the
same manner as provided for cities. When the metropolitan
council determines that a metropolitan facility or any part
thereof which has been acquired from a component city or
county without compensation is no longer required for
metropolitan purposes, but is required as a local facility by
the city or county from which it was acquired, the metropolitan council shall by resolution transfer it to such city or
county. [1993 c 240 § 9; 1965 c 7 § 35.58.340. Prior:
1957 c 213 § 34.]
35.58.350 Powers and functions of metropolitan
municipal corporation—Where vested—Powers of
metropolitan council. All the powers and functions of a
metropolitan municipal corporation shall be vested in the
metropolitan council unless expressly vested in specific
officers, boards, or commissions by this chapter, or vested in
the county legislative authority of a county that has assumed
the rights, powers, functions, and obligations of a metropolitan municipal corporation as provided in chapter 36.56
RCW. Without limitation of the foregoing authority, or of
other powers given it by this chapter, the metropolitan
council shall have the following powers:
(1) To establish offices, departments, boards and
commissions in addition to those provided by this chapter
which are necessary to carry out the purposes of the metropolitan municipal corporation, and to prescribe the functions,
powers and duties thereof.
(2) To appoint or provide for the appointment of, and to
remove or to provide for the removal of, all officers and
employees of the metropolitan municipal corporation except
those whose appointment or removal is otherwise provided
by this chapter.
(2002 Ed.)
Metropolitan Municipal Corporations
(3) To fix the salaries, wages and other compensation of
all officers and employees of the metropolitan municipal
corporation unless the same shall be otherwise fixed in this
chapter.
(4) To employ such engineering, legal, financial, or
other specialized personnel as may be necessary to accomplish the purposes of the metropolitan municipal corporation.
[1993 c 240 § 10; 1965 c 7 § 35.58.350. Prior: 1957 c 213
§ 35.]
35.58.360 Rules and regulations—Penalties—
Enforcement. A metropolitan municipal corporation shall
have power to adopt by resolution such rules and regulations
as shall be necessary or proper to enable it to carry out
authorized metropolitan functions and may provide penalties
for the violation thereof. Actions to impose or enforce such
penalties may be brought in the superior court of the state of
Washington in and for the central county. [1965 c 7 §
35.58.360. Prior: 1957 c 213 § 36.]
35.58.370 Merit system. The metropolitan council
shall establish and provide for the operation and maintenance
of a personnel merit system for the employment, classification, promotion, demotion, suspension, transfer, layoff and
discharge of its appointive officers and employees solely on
the basis of merit and fitness without regard to political
influence or affiliation. The person appointed or body
created for the purpose of administering such personnel
system shall have power to make, amend and repeal rules
and regulations as are deemed necessary for such merit
system. Such rules and regulations shall provide:
(1) That the person to be discharged or demoted must
be presented with the reasons for such discharge or demotion
specifically stated; and
(2) That he shall be allowed a reasonable time in which
to reply thereto in writing and that he be given a hearing
thereon within a reasonable time. [1965 c 7 § 35.58.370.
Prior: 1957 c 213 § 37.]
35.58.380 Retention of existing personnel. A
metropolitan municipal corporation shall offer to employ
every person who on the date such corporation acquires a
metropolitan facility is employed in the operation of such
facility by a component city or county or by a special
district. [1965 c 7 § 35.58.380. Prior: 1957 c 213 § 38.]
Assumption of labor contracts upon acquisition of transportation system:
RCW 35.58.265.
35.58.390 Prior employees pension rights preserved.
Where a metropolitan municipal corporation employs a
person employed immediately prior thereto by a component
city or county, or by a special district, such employee shall
be deemed to remain an employee of such city, county, or
special district for the purposes of any pension plan of such
city, county, or special district, and shall continue to be
entitled to all rights and benefits thereunder as if he had
remained as an employee of the city, county, or special
district, until the metropolitan municipal corporation has
provided a pension plan and such employee has elected, in
writing, to participate therein.
(2002 Ed.)
35.58.350
Until such election, the metropolitan municipal corporation shall deduct from the remuneration of such employee
the amount which such employee is or may be required to
pay in accordance with the provisions of the plan of such
city, county, or special district and the metropolitan municipal corporation shall pay to the city, county, or special
district any amounts required to be paid under the provisions
of such plan by employer or employee. [1965 c 7 §
35.58.390. Prior: 1957 c 213 § 39.]
Preservation of pension rights upon acquisition of transportation system:
RCW 35.58.265.
Public employment, civil service and pensions: Title 41 RCW.
35.58.400 Prior employees sick leave and vacation
rights preserved. Where a metropolitan municipal corporation employs a person employed immediately prior thereto
by a component city or county or by a special district, the
employee shall be deemed to remain an employee of such
city, county, or special district for the purposes of any sick
leave credit plan of the component city, county, or special
district until the metropolitan municipal corporation has
established a sick leave credit plan for its employees,
whereupon the metropolitan municipal corporation shall
place to the credit of the employee the sick leave credits
standing to his credit in the plan of such city, county, or
special district.
Where a metropolitan municipal corporation employs a
person theretofore employed by a component city, county, or
by a special district, the metropolitan municipal corporation
shall, during the first year of his employment by the metropolitan municipal corporation, provide for such employee a
vacation with pay equivalent to that which he would have
been entitled if he had remained in the employment of the
city, county, or special district. [1965 c 7 § 35.58.400.
Prior: 1957 c 213 § 40.]
Preservation of sick leave, vacation, and other benefits upon acquisition of
transportation system: RCW 35.58.265.
35.58.410 Budget—Expenditures—Revenue estimates—Requirements for a county assuming the powers
of a metropolitan municipal corporation. (1) On or before
the third Monday in June of each year, each metropolitan
municipal corporation shall adopt a budget for the following
calendar year. Such budget shall include a separate section
for each authorized metropolitan function. Expenditures
shall be segregated as to operation and maintenance expenses
and capital and betterment outlays. Administrative and other
expense general to the corporation shall be allocated between
the authorized metropolitan functions. The budget shall
contain an estimate of all revenues to be collected during the
following budget year, including any surplus funds remaining
unexpended from the preceding year. The metropolitan
council shall not be required to confine capital or betterment
expenditures made from bond proceeds or emergency
expenditures to items provided in the budget. The affirmative vote of three-fourths of all members of the metropolitan
council shall be required to authorize emergency expenditures.
(2) Subsection (1) of this section shall not apply to a
county that has assumed the rights, powers, functions, and
obligations of a metropolitan municipal corporation under
[Title 35 RCW—page 205]
35.58.410
Title 35 RCW: Cities and Towns
chapter 36.56 RCW. This subsection (2) shall apply only to
each county that has assumed the rights, powers, functions,
and obligations of a metropolitan municipal corporation
under chapter 36.56 RCW.
Each county that has assumed the rights, powers,
functions, and obligations of a metropolitan municipal
corporation under chapter 36.56 RCW shall, on or before the
third Monday in June of each year, prepare an estimate of all
revenues to be collected during the following calendar year,
including any surplus funds remaining unexpended from the
preceding year for each authorized metropolitan function.
By June 30 of each year, the county shall adopt the rate
for sewage disposal that will be charged to component cities
and water-sewer districts during the following budget year.
As long as any general obligation indebtedness remains
outstanding that was issued by the metropolitan municipal
corporation prior to the assumption by the county, the county
shall continue to impose the taxes authorized by RCW
82.14.045 and *35.58.273(4) at the maximum rates and on
all of the taxable events authorized by law. If, despite the
continued imposition of those taxes, the estimate of revenues
made on or before the third Monday in June shows that
estimated revenues will be insufficient to make all debt
service payments falling due in the following calendar year
on all general obligation indebtedness issued by the metropolitan municipal corporation prior to the assumption by the
county of the rights, powers, functions, and obligations of
the metropolitan municipal corporation, the remaining
amount required to make the debt service payments shall be
designated as "supplemental income" and shall be obtained
from component cities and component counties as provided
under RCW 35.58.420.
The county shall prepare and adopt a budget each year
in accordance with applicable general law or county charter.
If supplemental income has been designated under this
subsection, the supplemental income shall be reflected in the
budget that is adopted. If during the budget year the actual
tax revenues from the taxes imposed under the authority of
RCW 82.14.045 and *35.58.273(4) exceed the estimates
upon which the supplemental income was based, the difference shall be refunded to the component cities and component counties in proportion to their payments promptly after
the end of the budget year. A county that has assumed the
rights, powers, functions, and obligations of a metropolitan
municipal corporation under chapter 36.56 RCW shall not be
required to confine capital or betterment expenditures for
authorized metropolitan functions from bond proceeds or
emergency expenditures to items provided in the budget.
[1999 c 153 § 36; 1998 c 321 § 26 (Referendum Bill No.
49, approved November 3, 1998); 1993 c 240 § 11; 1965 c
7 § 35.58.410. Prior: 1957 c 213 § 41.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: "*(2) Sections 23
through 30 and 32 through 42 of this act take effect January 1, 1999, and
section 31 of this act takes effect June 30, 2000, if sections 1 through 21
and 44 through 46 of this act are validly submitted to and are approved and
ratified by the voters at a general election held in November 1998. If
sections 1 through 21 and 44 through 46 of this act are not approved and
ratified, sections 23 through 42 of this act are null and void in their
[Title 35 RCW—page 206]
entirety." [1998 c 321 § 47 (Referendum Bill No. 49, approved November
3, 1998).]
35.58.420 Supplemental income payments by
component city and county. Each component city shall
pay such proportion of the supplemental income of the
metropolitan municipal corporation as the assessed valuation
of property within its limits bears to the total assessed
valuation of taxable property within the metropolitan area.
Each component county shall pay such proportion of such
supplemental income as the assessed valuation of the
property within the unincorporated area of such county lying
within the metropolitan area bears to the total assessed
valuation of taxable property within the metropolitan area.
In making such determination, the metropolitan council shall
use the last available assessed valuations. The metropolitan
council shall certify to each component city and county,
prior to the fourth Monday in June of each year, the share of
the supplemental income to be paid by such component city
or county for the next calendar year. The latter shall then
include such amount in its budget for the ensuing calendar
year, and during such year shall pay to the metropolitan
municipal corporation, in equal quarterly installments, the
amount of its supplemental income share from whatever
sources may be available to it. [1965 c 7 § 35.58.420.
Prior: 1957 c 213 § 42.]
35.58.430 Funds—Disbursements—Treasurer—
Expenses—Election expenses. The treasurer of each
component county shall create a separate fund into which
shall be paid all money collected from taxes levied by the
metropolitan municipal corporation on property in such
county and such money shall be forwarded quarterly by the
treasurer of each such county to the treasurer of the central
county as directed by the metropolitan council. The treasurer of the central county shall act as the treasurer of the
metropolitan municipal corporation and shall establish and
maintain such funds as may be authorized by the metropolitan council. Money shall be disbursed from such funds upon
warrants drawn by the auditor of the central county as
authorized by the metropolitan council. The central county
shall be reimbursed by the metropolitan municipal corporation for services rendered by the treasurer and auditor of the
central county in connection with the receipt and disbursement of such funds. The expense of all special elections
held pursuant to this chapter shall be paid by the metropolitan municipal corporation. [1965 c 7 § 35.58.430. Prior:
1957 c 213 § 43.]
35.58.450 General obligation bonds—Issuance, sale,
form, term, election, payment. Notwithstanding the
limitations of chapter 39.36 RCW and any other statutory
limitations otherwise applicable and limiting municipal debt,
a metropolitan municipal corporation shall have the power to
contract indebtedness and issue general obligation bonds and
to pledge the full faith and credit of the corporation to the
payment thereof, for any authorized capital purpose of the
metropolitan municipal corporation, not to exceed an
amount, together with any outstanding nonvoter approved
general indebtedness, equal to three-fourths of one percent
of the value of the taxable property within the metropolitan
(2002 Ed.)
Metropolitan Municipal Corporations
municipal corporation, as the term "value of the taxable
property" is defined in RCW 39.36.015. A metropolitan
municipal corporation may additionally contract indebtedness
and issue general obligation bonds, for any authorized capital
purpose of a metropolitan municipal corporation, together
with any other outstanding general indebtedness, not to
exceed an amount equal to five percent of the value of the
taxable property within the corporation, as the term "value
of the taxable property" is defined in RCW 39.36.015, when
a proposition authorizing the indebtedness has been approved
by three-fifths of the persons voting on said proposition at
said election at which such election the total number of
persons voting on such bond proposition shall constitute not
less than forty percent of the total number of voters voting
within the area of said metropolitan municipal corporation at
the last preceding state general election. Such general
obligation bonds may be authorized in any total amount in
one or more propositions and the amount of such authorization may exceed the amount of bonds which could then
lawfully be issued. Such bonds may be issued in one or
more series from time to time out of such authorization.
The elections shall be held pursuant to RCW 39.36.050.
Whenever the voters of a metropolitan municipal
corporation have, pursuant to RCW 84.52.056, approved
excess property tax levies to retire such bond issues, both the
principal of and interest on such general obligation bonds
may be made payable from annual tax levies to be made
upon all the taxable property within the metropolitan
municipal corporation in excess of the constitutional and/or
statutory tax limit. The principal of and interest on any
general obligation bond may be made payable from any
other taxes or any special assessments which the metropolitan municipal corporation may be authorized to levy or from
any otherwise unpledged revenue which may be derived
from the ownership or operation of properties or facilities
incident to the performance of the authorized function for
which such bonds are issued or may be made payable from
any combination of the foregoing sources. The metropolitan
council may include in the principal amount of such bond
issue an amount for engineering, architectural, planning,
financial, legal, urban design and other services incident to
acquisition or construction solely for authorized capital
purposes.
General obligation bonds shall be issued and sold by the
metropolitan council as provided in chapter 39.46 RCW and
shall mature in not to exceed forty years from the date of
issue. [1993 c 240 § 13; 1984 c 186 § 18; 1983 c 167 § 47;
1973 1st ex.s. c 195 § 24; 1971 ex.s. c 303 § 9; 1970 ex.s.
c 56 § 38; 1970 ex.s. c 42 § 13; 1970 ex.s. c 11 § 1. Prior:
1969 ex.s. c 255 § 17; 1969 ex.s. c 232 § 16; 1967 c 105 §
13; 1965 c 7 § 35.58.450; prior: 1957 c 213 § 45.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
(2002 Ed.)
35.58.450
35.58.460 Revenue bonds—Issuance, sale, form,
term, payment, reserves, actions. (1) A metropolitan
municipal corporation may issue revenue bonds to provide
funds to carry out its authorized metropolitan water pollution
abatement, water supply, garbage disposal or transportation
purposes, without submitting the matter to the voters of the
metropolitan municipal corporation. The metropolitan
council shall create a special fund or funds for the sole
purpose of paying the principal of and interest on the bonds
of each such issue, into which fund or funds the metropolitan council may obligate the metropolitan municipal corporation to pay such amounts of the gross revenue of the
particular utility constructed, acquired, improved, added to,
or repaired out of the proceeds of sale of such bonds, as the
metropolitan council shall determine and may obligate the
metropolitan municipal corporation to pay such amounts out
of otherwise unpledged revenue which may be derived from
the ownership, use or operation of properties or facilities
owned, used or operated incident to the performance of the
authorized function for which such bonds are issued or out
of otherwise unpledged fees, tolls, charges, tariffs, fares,
rentals, special taxes or other sources of payment lawfully
authorized for such purpose, as the metropolitan council shall
determine. The principal of, and interest on, such bonds
shall be payable only out of such special fund or funds, and
the owners of such bonds shall have a lien and charge
against the gross revenue of such utility or any other
revenue, fees, tolls, charges, tariffs, fares, special taxes or
other authorized sources pledged to the payment of such
bonds.
Such revenue bonds and the interest thereon issued
against such fund or funds shall be a valid claim of the
owners thereof only as against such fund or funds and the
revenue pledged therefor, and shall not constitute a general
indebtedness of the metropolitan municipal corporation.
Each such revenue bond shall state upon its face that it
is payable from such special fund or funds, and all revenue
bonds issued under this chapter shall be negotiable securities
within the provisions of the law of this state. Such revenue
bonds may be registered either as to principal only or as to
principal and interest as provided in RCW 39.46.030, or may
be bearer bonds; shall be in such denominations as the
metropolitan council shall deem proper; shall be payable at
such time or times and at such places as shall be determined
by the metropolitan council; shall bear interest at such rate
or rates as shall be determined by the metropolitan council;
shall be signed by the chairman and attested by the secretary
of the metropolitan council, any of which signatures may be
facsimile signatures, and the seal of the metropolitan
municipal corporation shall be impressed or imprinted
thereon; any attached interest coupons shall be signed by the
facsimile signatures of said officials.
Such revenue bonds shall be sold in such manner, at
such price and at such rate or rates of interest as the metropolitan council shall deem to be for the best interests of the
metropolitan municipal corporation, either at public or
private sale.
The metropolitan council may at the time of the
issuance of such revenue bonds make such covenants with
the owners of said bonds as it may deem necessary to secure
and guarantee the payment of the principal thereof and the
interest thereon, including but not being limited to covenants
[Title 35 RCW—page 207]
35.58.460
Title 35 RCW: Cities and Towns
to set aside adequate reserves to secure or guarantee the
payment of such principal and interest, to maintain rates
sufficient to pay such principal and interest and to maintain
adequate coverage over debt service, to appoint a trustee or
trustees for the bond owners to safeguard the expenditure of
the proceeds of sale of such bonds and to fix the powers and
duties of such trustee or trustees and to make such other
covenants as the metropolitan council may deem necessary
to accomplish the most advantageous sale of such bonds.
The metropolitan council may also provide that revenue
bonds payable out of the same source may later be issued on
a parity with revenue bonds being issued and sold.
The metropolitan council may include in the principal
amount of any such revenue bond issue an amount to
establish necessary reserves, an amount for working capital
and an amount necessary for interest during the period of
construction of any such metropolitan facilities plus six
months. The metropolitan council may, if it deems it to the
best interest of the metropolitan municipal corporation,
provide in any contract for the construction or acquisition of
any metropolitan facilities or additions or improvements
thereto or replacements or extensions thereof that payment
therefor shall be made only in such revenue bonds at the par
value thereof.
If the metropolitan municipal corporation shall fail to
carry out or perform any of its obligations or covenants
made in the authorization, issuance and sale of such bonds,
the owner of any such bond may bring action against the
metropolitan municipal corporation and compel the performance of any or all of such covenants.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1993 c 240 § 14; 1983 c 167 § 48; 1974 ex.s.
c 70 § 8; 1970 ex.s. c 56 § 39; 1970 ex.s. c 11 § 2; 1969
ex.s. c 255 § 18; 1969 ex.s. c 232 § 17; 1967 c 105 § 14;
1965 c 7 § 35.58.460. Prior: 1957 c 213 § 46.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
35.58.470 Funding, refunding bonds. The metropolitan council may, by resolution, without submitting the matter
to the voters of the metropolitan municipal corporation,
provide for the issuance of funding or refunding general
obligation bonds to refund any outstanding general obligation
bonds or any part thereof at maturity, or before maturity if
they are by their terms or by other agreement subject to prior
redemption, with the right in the metropolitan council to
combine various series and issues of the outstanding bonds
by a single issue of funding or refunding bonds, and to issue
refunding bonds to pay any redemption premium payable on
the outstanding bonds being refunded. The funding or
refunding general obligation bonds shall, except as specifically provided in this section, be issued in accordance with
the provisions of this chapter with respect to general obligation bonds.
[Title 35 RCW—page 208]
The metropolitan council may, by resolution, without
submitting the matter to the voters of the metropolitan
municipal corporation, provide for the issuance of funding or
refunding revenue bonds to refund any outstanding revenue
bonds or any part thereof at maturity, or before maturity if
they are by their terms or by agreement subject to prior
redemption, with the right in the metropolitan council to
combine various series and issues of the outstanding bonds
by a single issue of refunding bonds, and to issue refunding
bonds to pay any redemption premium payable on the
outstanding bonds being refunded. The funding or refunding
revenue bonds shall be payable only out of a special fund
created out of the gross revenue of the particular utility, and
shall be a valid claim only as against such special fund and
the amount of the revenue of the utility pledged to the fund.
The funding or refunding revenue bonds shall, except as
specifically provided in this section, be issued in accordance
with the provisions of this chapter with respect to revenue
bonds.
The metropolitan council may exchange the funding or
refunding bonds at par for the bonds which are being funded
or refunded, or it may sell them in such manner, at such
price and at such rate or rates of interest as it deems for the
best interest of the metropolitan municipal corporation.
[1970 ex.s. c 56 § 40; 1969 ex.s. c 232 § 18; 1965 c 7 §
35.58.470. Prior: 1957 c 213 § 47.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
35.58.480 Borrowing money from component city
or county. A metropolitan municipal corporation shall have
the power when authorized by a majority of all members of
the metropolitan council to borrow money from any component city or county and such cities or counties are hereby
authorized to make such loans or advances on such terms as
may be mutually agreed upon by the legislative bodies of the
metropolitan municipal corporation and any such component
city or county to provide funds to carry out the purposes of
the metropolitan municipal corporation. [1965 c 7 §
35.58.480. Prior: 1957 c 213 § 48.]
35.58.490 Interest bearing warrants. A metropolitan
council shall have the power to authorize the issuance of
interest bearing warrants on such terms and conditions as the
metropolitan council shall provide and to repay the interest
bearing warrants with any moneys legally authorized for
such purposes, including tax receipts where appropriate.
[1993 c 240 § 15; 1965 c 7 § 35.58.490. Prior: 1957 c 213
§ 49.]
35.58.500 Local improvement districts—Utility local
improvement districts. The metropolitan municipal
corporation shall have the power to levy special assessments
payable over a period of not exceeding twenty years on all
property within the metropolitan area specially benefited by
any improvement, on the basis of special benefits conferred,
to pay in whole, or in part, the damages or costs of any such
improvement, and for such purpose may establish local
improvement districts and enlarged local improvement
districts, issue local improvement warrants and bonds to be
(2002 Ed.)
Metropolitan Municipal Corporations
repaid by the collection of local improvement assessments
and generally to exercise with respect to any improvements
which it may be authorized to construct or acquire the same
powers as may now or hereafter be conferred by law upon
cities. Such local improvement districts shall be created and
such special assessments levied and collected and local
improvement warrants and bonds issued and sold in the same
manner as shall now or hereafter be provided by law for
cities. The duties imposed upon the city treasurer under
such acts shall be imposed upon the treasurer of the county
in which such local improvement district shall be located.
A metropolitan municipal corporation may provide that
special benefit assessments levied in any local improvement
district may be paid into such revenue bond redemption fund
or funds as may be designated by the metropolitan council
to secure the payment of revenue bonds issued to provide
funds to pay the cost of improvements for which such
assessments were levied. If local improvement district
assessments shall be levied for payment into a revenue bond
fund, the local improvement district created therefor shall be
designated a utility local improvement district. A metropolitan municipal corporation that creates a utility local improvement district shall conform with the laws relating to utility
local improvement districts created by a city. [1993 c 240
§ 16; 1965 c 7 § 35.58.500. Prior: 1957 c 213 § 50.]
Local improvements, supplemental authority: Chapter 35.51 RCW.
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.58.510 Obligations of corporation are legal
investments and security for public deposits. All banks,
trust companies, bankers, savings banks, and institutions,
building and loan associations, savings and loan associations,
investment companies and other persons carrying on a
banking or investment business, all insurance companies,
insurance associations, and other persons carrying on an
insurance business, and all executors, administrators,
curators, trustees and other fiduciaries, may legally invest
any sinking funds, moneys, or other funds belonging to them
or within their control in any bonds or other obligations
issued by a metropolitan municipal corporation pursuant to
this chapter. Such bonds and other obligations shall be
authorized security for all public deposits. It is the purpose
of this section to authorize any persons, political subdivisions
and officers, public or private, to use any funds owned or
controlled by them for the purchase of any such bonds or
other obligations. Nothing contained in this section with
regard to legal investments shall be construed as relieving
any person of any duty of exercising reasonable care in
selecting securities. [1965 c 7 § 35.58.510. Prior: 1957 c
213 § 51.]
35.58.520 Investment of corporate funds. A
metropolitan municipal corporation shall have the power to
invest its funds held in reserves or sinking funds or any such
funds which are not required for immediate disbursement, in
any investments in which a city is authorized to invest, as
provided in RCW 35.39.030. [1993 c 240 § 17; 1965 c 7 §
35.58.520. Prior: 1957 c 213 § 52.]
(2002 Ed.)
35.58.500
35.58.530 Annexation—Requirements, procedure.
Territory located within a component county that is annexed
to a component city after the establishment of a metropolitan
municipal corporation shall by such act be annexed to the
metropolitan municipal corporation. Territory within a
metropolitan municipal corporation may be annexed to a city
which is not within such metropolitan municipal corporation
in the manner provided by law and in such event either (1)
such city may be annexed to such metropolitan municipal
corporation by ordinance of the legislative body of the city
concurred in by resolution of the metropolitan council, or (2)
if such city shall not be so annexed such territory shall
remain within the metropolitan municipal corporation unless
such city shall by resolution of its legislative body request
the withdrawal of such territory subject to any outstanding
indebtedness of the metropolitan corporation and the metropolitan council shall by resolution consent to such withdrawal.
Any territory located within a component county that is
contiguous to a metropolitan municipal corporation and lying
wholly within an incorporated city or town may be annexed
to such metropolitan municipal corporation by ordinance of
the legislative body of such city or town requesting such
annexation concurred in by resolution of the metropolitan
council.
Any other territory located within a component county
that is adjacent to a metropolitan municipal corporation may
be annexed thereto by vote of the qualified electors residing
in the territory to be annexed, in the manner provided in this
chapter. An election to annex such territory may be called
pursuant to a petition or resolution in the following manner:
(1) A petition calling for such an election shall be
signed by at least four percent of the qualified voters
residing within the territory to be annexed and shall be filed
with the auditor of the central county.
(2) A resolution calling for such an election may be
adopted by the metropolitan council.
Any resolution or petition calling for such an election
shall describe the boundaries of the territory to be annexed,
and state that the annexation of such territory to the metropolitan municipal corporation will be conducive to the
welfare and benefit of the persons or property within the
metropolitan municipal corporation and within the territory
proposed to be annexed.
Upon receipt of such a petition, the auditor shall
examine the same and certify to the sufficiency of the
signatures thereon. Within thirty days following the receipt
of such petition, the auditor shall transmit the same to the
metropolitan council, together with his certificate as to the
sufficiency thereof. [1993 c 240 § 18; 1969 ex.s. c 135 § 3;
1967 c 105 § 15; 1965 c 7 § 35.58.530. Prior: 1957 c 213
§ 53.]
35.58.540 Annexation—Hearings—Inclusion,
exclusion of territory—Boundaries—Calling election.
Upon receipt of a duly certified petition calling for an
election on the annexation of territory to a metropolitan
municipal corporation, or if the metropolitan council shall
determine without a petition being filed, that an election on
the annexation of any adjacent territory shall be held, the
metropolitan council shall fix a date for a public hearing
[Title 35 RCW—page 209]
35.58.540
Title 35 RCW: Cities and Towns
thereon which shall be not more than sixty nor less than
forty days following the receipt of such petition or adoption
of such resolution. Notice of such hearing shall be published
once a week for at least four consecutive weeks in one or
more newspapers of general circulation within the territory
proposed to be annexed. The notice shall contain a description of the boundaries of the territory proposed to be
annexed and shall state the time and place of the hearing
thereon and the fact that any changes in the boundaries of
such territory will be considered at such time and place. At
such hearing or any continuation thereof, any interested
person may appear and be heard on all matters relating to
the proposed annexation. The metropolitan council may
make such changes in the boundaries of the territory proposed to be annexed as it shall deem reasonable and proper,
but may not delete any portion of the proposed area which
will create an island of included or excluded lands and may
not delete a portion of any city. If the metropolitan council
shall determine that any additional territory should be
included in the territory to be annexed, a second hearing
shall be held and notice given in the same manner as for the
original hearing. The metropolitan council may adjourn the
hearing on the proposed annexation from time to time not
exceeding thirty days in all. At the next regular meeting
following the conclusion of such hearing, the metropolitan
council shall, if it finds that the annexation of such territory
will be conducive to the welfare and benefit of the persons
and property therein and the welfare and benefit of the
persons and property within the metropolitan municipal
corporation, adopt a resolution fixing the boundaries of the
territory to be annexed and causing to be called a special
election on such annexation to be held not more than one
hundred twenty days nor less than sixty days following the
adoption of such resolution. [1965 c 7 § 35.58.540. Prior:
1957 c 213 § 54.]
Notice of election: RCW 29.27.080.
35.58.550 Annexation—Election—Favorable vote.
An election on the annexation of territory to a metropolitan
municipal corporation shall be conducted and canvassed in
the same manner as provided for the conduct of an election
on the formation of a metropolitan municipal corporation
except that notice of such election shall be published in one
or more newspapers of general circulation in the territory
proposed to be annexed and the ballot proposition shall be
in substantially the following form:
ANNEXATION TO (here insert name of
metropolitan municipal corporation).
"Shall the territory described in a resolution of the
metropolitan council of (here insert name of metropolitan municipal corporation) adopted on the . . . .
. . . . . ., 19. . ., be annexed to such incorporation?
YES . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
"
If a majority of those voting on such proposition vote in
favor thereof, the territory shall thereupon be annexed to the
metropolitan municipal corporation. [1965 c 7 § 35.58.550.
Prior: 1957 c 213 § 55.]
Canvassing returns, generally: Chapter 29.62 RCW.
[Title 35 RCW—page 210]
Conduct of elections—Canvass: RCW 29.13.040.
35.58.560 Taxes—Counties or cities not to impose
on certain operations—Credits or offsets against state
taxes—Refund of motor vehicle fuel taxes paid. No
county or city shall have the right to impose a tax upon the
gross revenues derived by a metropolitan municipal corporation from the operation of a metropolitan sewage disposal,
water supply, garbage disposal or public transportation
system.
A metropolitan municipal corporation may credit or
offset against the amount of any tax which is levied by the
state during any calendar year upon the gross revenues
derived by such metropolitan municipal corporation from the
performance of any authorized function, the amount of any
expenditures made from such gross revenues by such
metropolitan municipal corporation during the same calendar
year or any year prior to May 21, 1971 in planning for or
performing the function of metropolitan public transportation
and including interest on any moneys advanced for such
purpose from other funds and to the extent of such credit a
metropolitan municipal corporation may expend such
revenues for such purposes.
A metropolitan municipal corporation authorized to
perform the function of metropolitan public transportation
and engaged in the operation of an urban passenger transportation system shall receive a refund of the amount of the
motor vehicle fuel tax levied by the state and paid on each
gallon of motor vehicle fuel used, whether such vehicle fuel
tax has been paid either directly to the vendor from whom
the motor vehicle fuel was purchased or indirectly by adding
the amount of such tax to the price of such fuel: PROVIDED, That no refunds authorized by this section shall be
granted on fuel used by any urban transportation vehicle on
any trip where any portion of said trip is more than six road
miles beyond the corporate limits of the metropolitan
municipal corporation in which said trip originated. [1971
ex.s. c 303 § 10; 1967 c 105 § 16.]
35.58.570 Sewage facilities—Capacity charge. (1)
A metropolitan municipal corporation that is engaged in the
transmission, treatment, and disposal of sewage may impose
a capacity charge on users of the metropolitan municipal
corporation’s sewage facilities when the user connects,
reconnects, or establishes a new service to sewer facilities of
a city, county, or special district that discharges into the
metropolitan facilities. The capacity charge shall be based
upon the cost of the sewage facilities’ excess capacity that
is necessary to provide sewerage treatment for new users to
the system.
(2) The capacity charge is a monthly charge reviewed
and approved annually by the metropolitan council. A
metropolitan municipal corporation may charge property
owners seeking to connect to the sewage facilities of the
metropolitan municipal corporation as a condition to granting
the right to so connect, in addition to the cost of such
connection, such reasonable capacity charge as the legislative
body of the metropolitan municipal corporation shall
determine proper in order that such property owners shall
bear their equitable share of the cost of such system. The
equitable share may include interest charges applied from the
(2002 Ed.)
Metropolitan Municipal Corporations
date of construction of the sewage facilities until the connection, or for a period not to exceed ten years, at a rate
commensurate with the rate of interest applicable to the
metropolitan municipal corporation at the time of construction or major rehabilitation of the sewage facilities, or at the
time of installation of the sewer lines to which the property
owner is seeking to connect but not to exceed ten percent
per year: PROVIDED, That the aggregate amount of
interest shall not exceed the equitable share of the cost of the
sewage facilities allocated to such property owners. Capacity charges collected shall be considered revenue of the
sewage facilities.
(3) The council of the metropolitan municipal corporation shall enforce the collection of the capacity charge in the
same manner provided for the collection, enforcement, and
payment of rates and charges for water-sewer districts
provided in RCW 57.08.081. At least thirty days before
commencement of an action to foreclose a lien for a capacity
charge, the metropolitan municipal corporation shall send
written notice of delinquency in payment of the capacity
charge to any first mortgage or deed of trust holder of record
at the address of record. [2000 c 161 § 1; 1996 c 230 §
1602; 1989 c 389 § 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
35.58.900 Liberal construction. The rule of strict
construction shall have no application to this chapter, but the
same shall be liberally construed in all respects in order to
carry out the purposes and objects for which this chapter is
intended. [1965 c 7 § 35.58.900. Prior: 1957 c 213 § 56.]
35.58.911 Prior proceedings validated, ratified,
approved and confirmed. All proceedings which have
been taken prior to the date *this 1967 amendatory act takes
effect for the purpose of financing or aiding in the financing
of any work, undertaking or project by any metropolitan
municipal corporation, including all proceedings for the
authorization and issuance of bonds and for the sale,
execution, and delivery thereof, are hereby validated, ratified,
approved, and confirmed, notwithstanding any lack of power
(other than constitutional) of such metropolitan municipal
corporation or the governing body or officers thereof, to
authorize and issue such bonds, or to sell, execute, or deliver
the same and notwithstanding any defects or irregularities
(other than constitutional) in such proceedings. [1967 c 105
§ 17.]
*Reviser’s note: The effective date of "this 1967 amendatory act"
[1967 c 105] is March 21, 1967; see preface to 1967 session laws. For
codification of 1967 c 105, see Codification Tables, Volume 0.
35.58.920 Severability—1967 c 105. If any provision
of this 1967 amendatory act, or its application to any person
or circumstance is held invalid, the remainder of this 1967
amendatory act, or the application of the provision to other
persons or circumstances is not affected. [1967 c 105 § 18.]
35.58.930 Severability—1971 ex.s. c 303. If any
provision of this 1971 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
(2002 Ed.)
35.58.570
the act, or the application of the provision to other persons
or circumstances is not affected. [1971 ex.s. c 303 § 11.]
35.58.931 Severability—1974 ex.s. c 70. If any
provision of this 1974 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1974 ex.s. c 70 § 9.]
Chapter 35.59
MULTI-PURPOSE COMMUNITY CENTERS
Sections
35.59.010
35.59.020
35.59.030
35.59.040
35.59.050
35.59.060
35.59.070
35.59.080
35.59.090
35.59.100
35.59.110
35.59.900
Definitions.
Legislative finding—Purposes for which authority granted
may be exercised.
Acquisition, construction, operation, etc., of community
centers authorized.
Conveyance or lease of lands or facilities to other municipality for community center development—Participation
in financing.
Powers of condemnation.
Appropriation and expenditure of public moneys, issuance of
general obligation bonds authorized—Procedure.
Revenue bonds.
Lease or contract for use or operation of facilities.
Counties authorized to establish community centers.
Prior proceedings validated and ratified.
Powers and authority conferred deemed additional and supplemental.
Severability—1967 c 110.
35.59.010 Definitions. "Municipality" as used in this
chapter means any county, city or town of the state of
Washington.
"Government agency" as used in this chapter means the
federal government or any agency thereof, or the state or any
agency, subdivision, taxing district or municipal corporation
thereof other than a county, city or town.
"Person" as used in this chapter means any private
corporation, partnership, association or individual.
"Multi-purpose community center" as used in this
chapter means the lands, interests in lands, property, property
rights, equipment, buildings, structures and other improvements developed as an integrated, multi-purpose, public
facility on a single site or immediately adjacent sites for the
housing and furnishing of any combination of the following
community or public services or facilities: Administrative,
legislative or judicial offices and chambers of any municipality, public health facilities, public safety facilities including
without limitation, adult and juvenile detention facilities, fire
and police stations, public halls, auditoria, libraries and
museums, public facilities for the teaching, practice or
exhibition of arts and crafts, educational facilities, playfields,
playgrounds, parks, indoor and outdoor sports and recreation
facilities. The term multi-purpose community center shall
also mean and include walks, ramps, bridges, terminal and
parking facilities for private vehicles and public transportation vehicles and systems, utilities, accessories, landscaping,
and appurtenances incident to and necessary for such centers.
[1967 c 110 § 1.]
Effective date—1967 c 110: "This act shall take effect on June 9,
1967." [1967 c 110 § 13.]
[Title 35 RCW—page 211]
35.59.020
Title 35 RCW: Cities and Towns
35.59.020 Legislative finding—Purposes for which
authority granted may be exercised. The legislature finds
that in many areas of the state local services and facilities
can be more effectively and economically provided by
combining two or more services and/or facilities in a single
multi-purpose community center or a system of such centers.
Any municipality shall have and exercise the authority and
powers granted by this chapter whenever it appears to the
legislative body of such municipality that the acquisition,
construction, development and operation of a multi-purpose
community center or a system of such centers will accomplish one or more of the following: Reduce costs of land
acquisition, construction, maintenance or operation for
affected public services or facilities; avoid duplication of
structures, facilities or personnel; improve communication
and coordination between departments of a municipality or
governmental agency or between municipalities and governmental agencies; make local public services or facilities more
convenient or useful to the residents and citizens of such
municipality. [1967 c 110 § 2.]
35.59.030 Acquisition, construction, operation, etc.,
of community centers authorized. Any municipality is
authorized either individually or jointly with any other
municipality or municipalities or any governmental agency
or agencies, or any combination thereof, to acquire by
purchase, condemnation, gift or grant, to lease as lessee, and
to construct, install, add to, improve, replace, repair, maintain, operate and regulate the use of multi-purpose community centers located within such municipality, and to pay for
any investigations and any engineering, planning, financial,
legal and professional services incident to the development
and operation of such multi-purpose community centers.
[1967 c 110 § 3.]
35.59.040 Conveyance or lease of lands or facilities
to other municipality for community center development—Participation in financing. Any municipality, and
any agency, subdivision, taxing district or municipal corporation of the state is authorized to convey or lease any lands,
properties or facilities to any other municipality for the
development by such other municipality of a multi-purpose
community center or a system of such centers or to provide
for the joint use of such lands, properties or facilities or any
other facilities of a multi-purpose community center, and is
authorized to participate in the financing of all or any part of
such multi-purpose community center or system of such
centers on such terms as may be fixed by agreement between
the respective legislative bodies without submitting the
matter to a vote of the electors thereof, unless the provisions
of the Constitution or laws of this state applicable to the
incurring of indebtedness shall require such submission.
[1967 c 110 § 4.]
Joint operations by municipal corporations, deposit and control of funds:
RCW 43.09.285.
35.59.050 Powers of condemnation. The accomplishment of the objectives authorized by this chapter is declared
to be a strictly public purpose of the municipality or municipalities authorized to perform the same. Any such municipality shall have the power to acquire by condemnation and
[Title 35 RCW—page 212]
purchase any lands and property rights within its boundaries
which are necessary to carry out the purposes authorized by
this chapter. Such right of eminent domain shall be exercised by the legislative body of each such municipality in the
manner provided by applicable general law. [1967 c 110 §
5.]
35.59.060 Appropriation and expenditure of public
moneys, issuance of general obligation bonds authorized—Procedure. To carry out the purposes of this
chapter any municipality shall have the power to appropriate
and/or expend any public moneys available therefor and to
issue general obligation bonds within the limitations now or
hereafter prescribed by the Constitution and laws of this
state. Such general obligation bonds shall be issued and sold
as provided in chapter 39.46 RCW. If the governing body
of any municipality shall submit a proposition for the
approval of general obligation bonds at any general or
special election and shall declare in the ordinance or resolution setting forth such proposition that its purpose is the
creation of a single integrated multi-purpose community
center or a city-wide or county-wide system of such centers,
all pursuant to this chapter, and that the creation of such
center or system of centers constitutes a single purpose, such
declaration shall be presumed to be correct and, upon the
issuance of the bonds, such presumption shall become
conclusive. Any such election shall be held pursuant to
RCW 39.36.050. [1984 c 186 § 19; 1983 c 167 § 49; 1967
c 110 § 6.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.59.070 Revenue bonds. (1) To carry out the
purposes authorized by this chapter the legislative body of
any municipality shall have the power to issue revenue
bonds, and to create a special fund or funds for the sole
purpose of paying the principal of and interest on such bonds
into which fund or funds the legislative body may obligate
the municipality to pay all or part of the revenues derived
from any one or more facilities or properties which will form
part of the multi-purpose community center. The provisions
of chapter 35.41 RCW not inconsistent with this chapter
shall apply to the issuance and retirement of any revenue
bonds issued for the purposes authorized in this chapter and
for such purposes any municipality shall have and may
exercise the powers, duties, and functions incident thereto
held by cities and towns under such chapter 35.41 RCW.
Such bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030. The
legislative body of any municipality may fix the denominations of such bonds in any amount and the manner of
executing such bonds, and may take such action as may be
necessary and incidental to the issuance of such bonds and
the retirement thereof.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 50; 1967 c 110 § 7.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
Multi-Purpose Community Centers
35.59.080 Lease or contract for use or operation of
facilities. The legislative body of any municipality owning
or operating a multi-purpose community center acquired or
developed pursuant to this chapter shall have power to lease
to any municipality, governmental agency or person, or to
contract for the use or operation by any municipality,
governmental agency or person, of all or any part of the
multi-purpose community center facilities authorized by this
chapter, for such period and under such terms and conditions
and upon such rentals, fees and charges as such legislative
body may determine, and may pledge all or any portion of
such rentals, fees and charges and any other revenue derived
from the ownership and/or operation of any facilities of a
multi-purpose community center to pay and to secure the
payment of general obligation bonds and/or revenue bonds
of such municipality issued for multi-purpose community
center purposes. [1967 c 110 § 8.]
35.59.090 Counties authorized to establish community centers. Counties may establish multi-purpose community centers, pursuant to this chapter, in unincorporated areas
and/or within cities or towns: PROVIDED, That no such
center shall be located in any city or town without the prior
consent of the legislative body of such city or town. [1967
c 110 § 9.]
35.59.100 Prior proceedings validated and ratified.
All proceedings which have been taken prior to the date this
chapter takes effect for the purpose of financing or aiding in
the financing of any work, undertaking or project authorized
in this chapter by any municipality, including all proceedings
for the authorization and issuance of bonds and for the sale,
execution and delivery thereof, are hereby validated, ratified,
approved and confirmed, notwithstanding any lack of power
(other than constitutional) of such municipality or the
legislative body or officers thereof to authorize and issue
such bonds, or to sell, execute, or deliver the same and
notwithstanding any defects or irregularities (other than
constitutional) in such proceedings. [1967 c 110 § 10.]
35.59.110 Powers and authority conferred deemed
additional and supplemental. The powers and authority
conferred upon municipalities under the provisions of this
chapter, shall be construed as in addition and supplemental
to powers or authority conferred by any other law, and
nothing contained herein shall be construed as limiting any
other powers or authority of such municipalities. [1967 c
110 § 11.]
35.59.900 Severability—1967 c 110. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1967 c 110 § 12.]
(2002 Ed.)
35.59.080
Chapter 35.60
WORLD FAIRS OR EXPOSITIONS—
PARTICIPATION BY MUNICIPALITIES
Sections
35.60.010
35.60.020
35.60.030
35.60.040
35.60.050
35.60.060
35.60.070
"Municipality" defined.
Participation, exercise of powers declared public purpose
and necessity.
Participation authorized—Powers—Costs.
Bonds—Laws applicable to authorization and issuance.
Authorization to appropriate funds and levy taxes.
Cooperation between municipalities—Use of facilities after
conclusion of fair or exposition—Intergovernmental
disposition of property.
Chapter supplemental to other laws.
35.60.010 "Municipality" defined. "Municipality" as
used in this chapter, means any political subdivision or
municipal corporation of the state. [1965 c 7 § 35.60.010.
Prior: 1961 c 149 § 1; prior: 1961 c 39 § 1.]
State participation in world fair and state international trade fairs: RCW
43.31.800 through 43.31.850.
35.60.020 Participation, exercise of powers declared
public purpose and necessity. The participation of any
municipality in any world fair or exposition, whether held
within the boundaries of such municipality or within the
boundaries of another municipality; the purchase, lease, or
other acquisition of necessary lands therefor; the acquisition,
lease, construction, improvements, maintenance, and equipping of buildings or other structures upon such lands or other
lands; the operation and maintenance necessary for such
participation, and the exercise of any other powers herein
granted to such municipalities, are hereby declared to be
public, governmental, county and municipal functions,
exercised for a public purpose, and matters of public
necessity, and such lands and other property acquired,
constructed, improved, maintained, equipped, used, and
disposed of by such municipalities in the manner and for the
purposes enumerated in this chapter shall and are hereby
declared to be acquired, constructed, improved, maintained,
equipped, used, and disposed of for public, governmental,
county, and municipal purposes and as a matter of public
necessity. [1965 c 7 § 35.60.020. Prior: 1961 c 149 § 2;
prior: 1961 c 39 § 2.]
35.60.030 Participation authorized—Powers—Costs.
Municipalities are authorized to participate in any world fair
or exposition to be held within the state by the state or any
political subdivision or municipal corporation thereof,
whether held within the boundaries of such municipality or
within the boundaries of another municipality. Any municipality so participating is authorized, through its governing
authorities, to purchase, lease, or otherwise acquire property,
real or personal; to construct, improve, maintain and equip
buildings or other structures; and expend moneys for
investigations, planning, operations, and maintenance
necessary for such participation.
The cost of any such acquisition, construction, improvement, maintenance, equipping, investigations, planning,
operation, or maintenance necessary for such participation
may be paid for by appropriation of moneys available
therefor, gifts, or wholly or partly from the proceeds of
[Title 35 RCW—page 213]
35.60.030
Title 35 RCW: Cities and Towns
bonds of the municipality, as the governing authority of the
municipality may determine. [1965 c 7 § 35.60.030. Prior:
1961 c 149 § 3; prior: 1961 c 39 § 3.]
35.60.040 Bonds—Laws applicable to authorization
and issuance. Any bonds to be issued by any municipality
pursuant to the provisions of RCW 35.60.030, shall be
authorized and issued in the manner and within the limitations prescribed by the Constitution and laws of this state or
charter of the municipality for the issuance and authorization
of bonds thereof for public purposes generally and secured
by a general tax levy as provided by law. Such bonds shall
be issued and sold in accordance with chapter 39.46 RCW.
[1984 c 186 § 20; 1983 c 167 § 51; 1965 c 7 § 35.60.040.
Prior: 1961 c 149 § 4; prior: 1961 c 39 § 4.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.60.050 Authorization to appropriate funds and
levy taxes. The governing bodies having power to appropriate moneys within such municipalities for the purpose of
purchasing, leasing or otherwise acquiring property, constructing, improving, maintaining, and equipping buildings or
other structures, and the investigations, planning, operation
or maintenance necessary to participation in any such world
fair or exposition, are hereby authorized to appropriate and
cause to be raised by taxation or otherwise in such municipalities, moneys sufficient to carry out such purpose. [1965
c 7 § 35.60.050. Prior: 1961 c 149 § 5; prior: 1961 c 39
§ 5.]
35.60.060 Cooperation between municipalities—Use
of facilities after conclusion of fair or exposition—
Intergovernmental disposition of property. In any case
where the participation of a municipality includes the
construction of buildings or other structures on lands of
another municipality, the governing authorities constructing
such buildings or structures shall endeavor to cooperate with
such other municipality for the construction and maintenance
of such buildings or structures to a standard of health and
safety common in the county where the world fair or
exposition is being or will be held; and shall cooperate with
such other municipality in any comprehensive plans it may
promulgate for the general construction and maintenance of
said world fair or exposition and utilization of the grounds
and buildings or structures after the conclusion of such world
fair or exposition to the end that a reasonable, economic use
of said buildings or structures shall be returned for the life
of said buildings or structures.
The governing authorities of any municipality are
hereby authorized and empowered to sell, exchange, transfer,
lease or otherwise dispose of any property, real or personal,
acquired or constructed for the purpose of participation in
such fair or exposition, in accordance with the provisions of
RCW 39.33.010. [1965 c 7 § 35.60.060. Prior: 1961 c 149
§ 6; prior: 1961 c 39 § 6.]
35.60.070 Chapter supplemental to other laws. The
powers and authority conferred upon municipalities under the
provisions of this chapter, shall be construed as in addition
[Title 35 RCW—page 214]
and supplemental to powers or authority conferred by any
other law, and nothing contained herein shall be construed as
limiting any other powers or authority of such municipalities.
[1965 c 7 § 35.60.070. Prior: 1961 c 149 § 7; prior: 1961
c 39 § 7.]
Chapter 35.61
METROPOLITAN PARK DISTRICTS
Sections
35.61.001
35.61.010
35.61.020
35.61.030
Actions subject to review by boundary review board.
Creation—Territory included.
Election—Resolution or petition—Area.
Election—Review by boundary review board—Question
stated.
35.61.040 Election—Creation of district.
35.61.050 Composition of board—Election of commissioners—
Terms—Vacancies.
35.61.090 Elections—Laws governing.
35.61.100 Indebtedness limit—Without popular vote.
35.61.110 Indebtedness limit—With popular vote.
35.61.115 Revenue bonds.
35.61.120 Park commissioners as officers of district—Organization.
35.61.130 Park commissioners—Authority generally.
35.61.132 Disposition of surplus property.
35.61.133 Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
35.61.135 Contracts—Competitive bidding—Small works roster—
Exemption.
35.61.137 Community revitalization financing—Public improvements.
35.61.140 Park commissioners—Civil service for employees.
35.61.150 Park commissioners—Compensation.
35.61.180 Designation of district treasurer.
35.61.190 Park district bonds—Retirement.
35.61.200 Park district bonds—Payment of interest.
35.61.210 Park district tax levy—"Park district fund."
35.61.220 Petition for improvements on assessment plan.
35.61.230 Objections—Appeal.
35.61.240 Assessment lien—Collection.
35.61.250 Territorial annexation—Authority—Petition.
35.61.260 Territorial annexation—Hearing on petition.
35.61.270 Territorial annexation—Election—Method.
35.61.275 Territorial annexation—Park district containing city with
population over one hundred thousand—Assumption of
indebtedness.
35.61.280 Territorial annexation—Election—Result.
35.61.290 Transfer of city or county property—Authority—Emergency
grant, loan, of funds by city.
35.61.300 Transfer of city or county property—Assumption of indebtedness.
35.61.310 Dissolution.
35.61.315 Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive
for five years.
35.61.350 Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
35.61.360 Withdrawal or reannexation of areas.
35.61.370 Park district containing city with population over one hundred thousand—May commission police officers.
Acquisition of
land for and operation of public parks, beaches or camps: RCW
67.20.010.
real or personal property for park purposes, conditional sales contracts:
RCW 39.30.010.
Appeal of assessments and reassessments: RCW 35.44.200 through
35.44.270.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
(2002 Ed.)
Metropolitan Park Districts
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Metropolitan park district property subject to assessment: RCW 35.44.170.
Park and recreation districts: Chapter 36.69 RCW.
Public bonds, form, terms of sale, payment, etc.: Chapter 39.44 RCW.
Shorelands, parks or playgrounds, application, grant or exchange: RCW
79.08.080, 79.08.090.
35.61.001 Actions subject to review by boundary
review board. The creation of a metropolitan park district,
and an annexation by, or dissolution or disincorporation of,
a metropolitan park district may be subject to potential
review by a boundary review board under chapter 36.93
RCW. [1989 c 84 § 31.]
35.61.010 Creation—Territory included. A metropolitan park district may be created for the management,
control, improvement, maintenance, and acquisition of parks,
parkways, boulevards, and recreational facilities. A metropolitan park district may include territory located in portions
or all of one or more cities or counties, or one or more cities
and counties, when created or enlarged as provided in this
chapter. [2002 c 88 § 1; 1994 c 81 § 60; 1985 c 416 § 1;
1965 c 7 § 35.61.010. Prior: 1959 c 45 § 1; 1943 c 264 §
1; Rem. Supp. 1943 § 6741-1; prior: 1907 c 98 § 1; RRS §
6720.]
Validating—1943 c 264: "Acts of Metropolitan Park District
Commissioners, and of the officers, employees and agents of Metropolitan
Park Districts heretofore performed in good faith in accordance with the
statutes which are hereby re-enacted, are hereby validated, and all assessments, levies and collections and all proceedings to assess, levy and collect
as well as all debts, contracts and obligations heretofore made or incurred
by or in favor of any Metropolitan Park District heretofore at any time
existing and all bonds or other obligations thereof are hereby declared to be
legal and valid and of full force and effect." [1943 c 264 § 23.]
35.61.020 Election—Resolution or petition—Area.
(1) When proposed by citizen petition or by local government resolution as provided in this section, a ballot proposition authorizing the creation of a metropolitan park district
shall be submitted by resolution to the voters of the area
proposed to be included in the district at any general
election, or at any special election which may be called for
that purpose.
(2) The ballot proposition shall be submitted if the
governing body of each city in which all or a portion of the
proposed district is located, and the legislative authority of
each county in which all or a portion of the proposed district
is located within the unincorporated portion of the county,
each adopts a resolution submitting the proposition to create
a metropolitan park district.
(3) As an alternative to the method provided under
subsection (2) of this section, the ballot proposition shall be
submitted if a petition proposing creation of a metropolitan
park district is submitted to the county auditor of each
county in which all or a portion of the proposed district is
located that is signed by at least fifteen percent of the
registered voters residing in the area to be included within
the proposed district. Where the petition is for creation of
a district in more than one county, the petition shall be filed
with the county auditor of the county having the greater area
of the proposed district, and a copy filed with each other
(2002 Ed.)
Chapter 35.61
county auditor of the other counties covering the proposed
district.
Territory by virtue of its annexation to any city whose
territory lies entirely within a park district shall be deemed
to be within the limits of the metropolitan park district.
Such an extension of a park district’s boundaries shall not be
subject to review by a boundary review board independent
of the board’s review of the city annexation of territory.
[2002 c 88 § 2; 1965 c 7 § 35.61.020. Prior: 1943 c 264 §
2, part; Rem. Supp. 1943 § 6741-2, part; prior: 1909 c 131
§ 1; 1907 c 98 § 2, part; RRS § 6721, part.]
35.61.030 Election—Review by boundary review
board—Question stated. (1) Except as provided in
subsection (2) of this section for review by a boundary
review board, the ballot proposition authorizing creation of
a metropolitan park district that is submitted to voters for
their approval or rejection shall appear on the ballot of the
next general election or at the next special election date
specified under RCW 29.13.020 occurring sixty or more
days after the last resolution proposing the creation of the
park district is adopted or the date the county auditor
certifies that the petition proposing the creation of the park
district contains sufficient valid signatures. Where the
petition or copy thereof is filed with two or more county
auditors in the case of a proposed district in two or more
counties, the county auditors shall confer and issue a joint
certification upon finding that the required number of
signatures on the petition has been obtained.
(2) Where the proposed district is located wholly or in
part in a county in which a boundary review board has been
created, notice of the proposal to create a metropolitan park
district shall be filed with the boundary review board as
provided under RCW 36.93.090 and the special election at
which a ballot proposition authorizing creation of the park
district shall be held on the special election date specified
under RCW 29.13.020 that is sixty or more days after the
date the boundary review board is deemed to have approved
the proposal, approves the proposal, or modifies and approves the proposal. The creation of a metropolitan park
district is not subject to review by a boundary review board
if the proposed district only includes one or more cities and
in such cases the special election at which a ballot proposition authorizing creation of the park district shall be held as
if a boundary review board does not exist in the county or
counties.
(3) The petition proposing the creation of a metropolitan
park district, or the resolution submitting the question to the
voters, shall choose and describe the composition of the
initial board of commissioners of the district that is proposed
under RCW 35.61.050 and shall choose a name for the
district. The proposition shall include the following terms:
"For the formation of a metropolitan park district to
be governed by [insert board composition described in ballot
proposition]."
"Against the formation of a metropolitan park
district."
[2002 c 88 § 3; 1985 c 469 § 32; 1965 c 7 § 35.61.030.
Prior: 1943 c 264 § 2, part; Rem. Supp. 1943 § 6741-2,
[Title 35 RCW—page 215]
35.61.030
Title 35 RCW: Cities and Towns
part; prior: 1909 c 131 § 1; 1907 c 98 § 2, part; RRS §
6721, part.]
35.61.040 Election—Creation of district. If a
majority of the voters voting on the ballot proposition
authorizing the creation of the metropolitan park district vote
in favor of the formation of a metropolitan park district, the
metropolitan park district shall be created as a municipal
corporation effective immediately upon certification of the
election results and its name shall be that designated in the
ballot proposition. [2002 c 88 § 4; 1965 c 7 § 35.61.040.
Prior: 1943 c 264 § 3, part; Rem. Supp. 1943 § 6741-3,
part; prior: 1909 c 131 § 2; 1907 c 98 § 3, part; RRS §
6722, part.]
35.61.050 Composition of board—Election of
commissioners—Terms—Vacancies. (1) The resolution or
petition submitting the ballot proposition shall designate the
composition of the board of metropolitan park commissioners from among the alternatives provided under subsections
(2) through (4) of this section. The ballot proposition shall
clearly describe the designated composition of the board.
(2) The commissioners of the district may be selected
by election, in which case at the same election at which the
proposition is submitted to the voters as to whether a
metropolitan park district is to be formed, five park commissioners shall be elected. The election of park commissioners
shall be null and void if the metropolitan park district is not
created. Candidates shall run for specific commission
positions. No primary shall be held to nominate candidates.
The person receiving the greatest number of votes for each
position shall be elected as a commissioner. The staggering
of the terms of office shall occur as follows: (a) The two
persons who are elected receiving the two greatest numbers
of votes shall be elected to six-year terms of office if the
election is held in an odd-numbered year or five-year terms
of office if the election is held in an even-numbered year;
(b) the two persons who are elected receiving the next two
greatest numbers of votes shall be elected to four-year terms
of office if the election is held in an odd-numbered year or
three-year terms of office if the election is held in an evennumbered year; and (c) the other person who is elected shall
be elected to a two-year term of office if the election is held
in an odd-numbered year or a one-year term of office if the
election is held in an even-numbered year. The initial
commissioners shall take office immediately when they are
elected and qualified, and for purposes of computing their
terms of office the terms shall be assumed to commence on
the first day of January in the year after they are elected.
Thereafter, all commissioners shall be elected to six-year
terms of office. All commissioners shall serve until their
respective successors are elected and qualified and assume
office in accordance with RCW 29.04.170. Vacancies shall
occur and shall be filled as provided in chapter 42.12 RCW.
(3) In a district wholly located within a city or within
the unincorporated area of a county, the governing body of
such city or legislative authority of such county may be
designated to serve in an ex officio capacity as the board of
metropolitan park commissioners, provided that when
creation of the district is proposed by citizen petition, the
city or county approves by resolution such designation.
[Title 35 RCW—page 216]
(4) Where the proposed district is located within more
than one city, more than one county, or any combination of
cities and counties, each city governing body and county
legislative authority may be designated to collectively serve
ex officio as the board of metropolitan park commissioners
through selection of one or more members from each to
serve as the board, provided that when creation of the
district is proposed by citizen petition, each city governing
body and county legislative authority approve by resolution
such designation. Within six months of the date of certification of election results approving creation of the district, the
size and membership of the board shall be determined
through interlocal agreement of each city and county. The
interlocal agreement shall specify the method for filling
vacancies on the board.
(5) Metropolitan park districts created by a vote of the
people prior to June 13, 2002, may not change the composition and method of selection of their governing authority
without approval of the voters. Should such a change be
desired, the board of park commissioners shall submit a
ballot proposition to the voters of the metropolitan park
district. [2002 c 88 § 5; 1994 c 223 § 23; 1979 ex.s. c 126
§ 24; 1965 c 7 § 35.61.050. Prior: 1943 c 264 § 3, part;
Rem. Supp. 1943 § 6741-3, part; prior: 1909 c 131 § 2;
1907 c 98 § 3, part; RRS § 6722, part.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
35.61.090 Elections—Laws governing. The manner
of holding any general or special election in a metropolitan
park district shall be in accordance with the general election
laws of this state insofar as they are not inconsistent with the
provisions of this chapter. [1985 c 416 § 3; 1965 c 7 §
35.61.090. Prior: 1943 c 264 § 3, part; Rem. Supp. 1943 §
6741-3, part; prior: 1909 c 131 § 2; 1907 c 98 § 3, part;
RRS § 6722, part.]
Elections: Title 29 RCW.
35.61.100 Indebtedness limit—Without popular
vote. Every metropolitan park district through its board of
commissioners may contract indebtedness and evidence such
indebtedness by the issuance and sale of warrants, short-term
obligations as provided by chapter 39.50 RCW, or general
obligation bonds, for park, boulevard, aviation landings,
playgrounds, and parkway purposes, and the extension and
maintenance thereof, not exceeding, together with all other
outstanding nonvoter approved general indebtedness, onequarter of one percent of the value of the taxable property in
such metropolitan park district, as the term "value of the
taxable property" is defined in RCW 39.36.015. General
obligation bonds shall not be issued with a maximum term
in excess of twenty years. Such general obligation bonds
shall be issued and sold in accordance with chapter 39.46
RCW. [1993 c 247 § 1; 1989 c 319 § 2; 1984 c 186 § 21;
1983 c 61 § 1; 1970 ex.s. c 42 § 14; 1965 c 7 § 35.61.100.
Prior: 1943 c 264 § 6; Rem. Supp. 1943 § 6741-6; prior:
1927 c 268 § 1; 1907 c 98 § 6; RRS § 6725.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
(2002 Ed.)
Metropolitan Park Districts
35.61.110 Indebtedness limit—With popular vote.
Every metropolitan park district may contract indebtedness
not exceeding in amount, together with existing voterapproved indebtedness and nonvoter-approved indebtedness,
equal to two and one-half percent of the value of the taxable
property in said district, as the term "value of the taxable
property" is defined in RCW 39.36.015, whenever threefifths of the voters voting at an election held in the metropolitan park district assent thereto; the election may be either
a special or a general election, and the park commissioners
of the metropolitan park district may cause the question of
incurring such indebtedness, and issuing negotiable bonds of
such metropolitan park district, to be submitted to the
qualified voters of the district at any time. [1989 c 319 § 3;
1970 ex.s. c 42 § 15; 1965 c 7 § 35.61.110. Prior: 1943 c
264 § 7; Rem. Supp. 1943 § 6741-7; prior: 1907 c 98 § 7;
RRS § 6726.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Validation requirement: RCW 39.40.010.
35.61.115 Revenue bonds. A metropolitan park
district may issue and sell revenue bonds as provided in
chapter 39.46 RCW to be made payable from the operating
revenues of the metropolitan park district. [1989 c 319 § 1.]
35.61.120 Park commissioners as officers of district—Organization. The officers of a metropolitan park
district shall be a board of park commissioners consisting of
five members. The board shall annually elect one of their
number as president and another of their number as clerk of
the board. [1965 c 7 § 35.61.120. Prior: 1943 c 264 § 4,
part; Rem. Supp. 1943 § 6741-4, part; prior: 1919 c 135 §
1, part; 1907 c 98 § 4; RRS § 6723, part.]
35.61.130 Park commissioners—Authority generally. A metropolitan park district has the right of eminent
domain, and may purchase, acquire and condemn lands lying
within or without the boundaries of said park district, for
public parks, parkways, boulevards, aviation landings and
playgrounds, and may condemn such lands to widen, alter
and extend streets, avenues, boulevards, parkways, aviation
landings and playgrounds, to enlarge and extend existing
parks, and to acquire lands for the establishment of new
parks, boulevards, parkways, aviation landings and playgrounds. The right of eminent domain shall be exercised
and instituted pursuant to resolution of the board of park
commissioners and conducted in the same manner and under
the same procedure as is or may be provided by law for the
exercise of the power of eminent domain by incorporated
cities and towns of the state of Washington in the acquisition
of property rights: PROVIDED, HOWEVER, Funds to pay
for condemnation allowed by this section shall be raised only
as specified in this chapter. The board of park commissioners shall have power to employ counsel, and to regulate,
manage and control the parks, parkways, boulevards, streets,
avenues, aviation landings and playgrounds under its control,
and to provide for park policemen, for a secretary of the
(2002 Ed.)
35.61.110
board of park commissioners and for all necessary employees, to fix their salaries and duties. The board of park
commissioners shall have power to improve, acquire, extend
and maintain, open and lay out, parks, parkways, boulevards,
avenues, aviation landings and playgrounds, within or
without the park district, and to authorize, conduct and
manage the letting of boats, or other amusement apparatus,
the operation of bath houses, the purchase and sale of
foodstuffs or other merchandise, the giving of vocal or
instrumental concerts or other entertainments, the establishment and maintenance of aviation landings and playgrounds,
and generally the management and conduct of such forms of
recreation or business as it shall judge desirable or beneficial
for the public, or for the production of revenue for expenditure for park purposes; and may pay out moneys for the
maintenance and improvement of any such parks, parkways,
boulevards, avenues, aviation landings and playgrounds as
now exist, or may hereafter be acquired, within or without
the limits of said city and for the purchase of lands within or
without the limits of said city, whenever it deems the
purchase to be for the benefit of the public and for the
interest of the park district, and for the maintenance and
improvement thereof and for all expenses incidental to its
duties: PROVIDED, That all parks, boulevards, parkways,
aviation landings and playgrounds shall be subject to the
police regulations of the city within whose limits they lie.
[1969 c 54 § 1; 1965 c 7 § 35.61.130. Prior: (i) 1943 c 264
§ 4, part; Rem. Supp. 1943 § 6741-4, part; prior: 1919 c
135 § 1, part; 1907 c 98 § 4; RRS § 6723, part. (ii) 1943 c
264 § 14; Rem. Supp. 1943 § 6741-14; prior: 1919 c 135 §
2; 1907 c 98 § 14; RRS § 6733.]
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
35.61.132 Disposition of surplus property. Every
metropolitan park district may, by unanimous decision of its
board of park commissioners, sell, exchange, or otherwise
dispose of any real or personal property acquired for park or
recreational purposes when such property is declared surplus
for park or other recreational purposes: PROVIDED, That
where the property is acquired by donation or dedication for
park or recreational purposes, the consent of the donor or
dedicator, his or her heirs, successors, or assigns is first
obtained if the consent of the donor is required in the
instrument conveying the property to the metropolitan park
district. In the event the donor or dedicator, his or her heirs,
successors, or assigns cannot be located after a reasonable
search, the metropolitan park district may petition the
superior court in the county where the property is located for
approval of the sale. If sold, all sales shall be by public bids
and sale made only to the highest and best bidder. [1989 c
319 § 4; 1965 c 7 § 35.61.132. Prior: 1959 c 93 § 1.]
35.61.133 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
35.61.135 Contracts—Competitive bidding—Small
works roster—Exemption. (1) All work ordered, the
estimated cost of which is in excess of five thousand dollars,
shall be let by contract and competitive bidding. Before
[Title 35 RCW—page 217]
35.61.135
Title 35 RCW: Cities and Towns
awarding any such contract the board of park commissioners
shall publish a notice in a newspaper of general circulation
where the district is located at least once thirteen days before
the last date upon which bids will be received, inviting
sealed proposals for such work, plans, and specifications
which must at the time of publication of such notice be on
file in the office of the board of park commissioners subject
to the public inspection. The notice shall state generally the
work to be done and shall call for proposals for doing the
same to be sealed and filed with the board of park commissioners on or before the day and hour named therein.
Each bid shall be accompanied by a certified or
cashier’s check or postal money order payable to the order
of the metropolitan park district for a sum not less than five
percent of the amount of the bid, or accompanied by a bid
bond in an amount not less than five percent of the bid with
a corporate surety licensed to do business in the state,
conditioned that the bidder will pay the metropolitan park
district as liquidated damages the amount specified in the
bond, unless the bidder enters into a contract in accordance
with the bidder’s bid, and no bid shall be considered unless
accompanied by such check, cash, or bid bond. At the time
and place named such bids shall be publicly opened and read
and the board of park commissioners shall proceed to
canvass the bids and may let such contract to the lowest
responsible bidder upon plans and specifications on file or to
the best bidder submitting the bidder’s own plans and
specifications. The board of park commissioners may reject
all bids for good cause and readvertise and in such case all
checks, cash, or bid bonds shall be returned to the bidders.
If the contract is let, then all checks, cash, or bid bonds shall
be returned to the bidders, except that of the successful
bidder, which shall be retained until a contract is entered into
for doing the work, and a bond to perform such work
furnished with sureties satisfactory to the board of park
commissioners in the full amount of the contract price
between the bidder and the metropolitan park district in
accordance with the bid. If the bidder fails to enter into the
contract in accordance with the bid and furnish the bond
within ten days from the date at which the bidder is notified
that the bidder is the successful bidder, the check, cash, or
bid bonds and the amount thereof shall be forfeited to the
metropolitan park district. If the bidder fails to enter into a
contract in accordance with the bidder’s bid, and the board
of park commissioners deems it necessary to take legal
action to collect on any bid bond required by this section,
then the metropolitan park district is entitled to collect from
the bidder any legal expenses, including reasonable
attorneys’ fees occasioned thereby. A low bidder who
claims error and fails to enter into a contract is prohibited
from bidding on the same project if a second or subsequent
call for bids is made for the project.
(2) As an alternative to requirements under subsection
(1) of this section, a metropolitan park district may let
contracts using the small works roster process under RCW
39.04.155.
(3) The park board may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if
an exemption contained within RCW 39.04.280 applies to
the purchase or public work. [2001 c 29 § 1.]
[Title 35 RCW—page 218]
35.61.137 Community revitalization financing—
Public improvements. In addition to other authority that a
metropolitan park district possesses, a metropolitan park
district may provide any public improvement as defined
under RCW 39.89.020, but this additional authority is limited
to participating in the financing of the public improvements
as provided under RCW 39.89.050.
This section does not limit the authority of a metropolitan park district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 12.]
Severability—2001 c 212: See RCW 39.89.902.
35.61.140 Park commissioners—Civil service for
employees. A metropolitan park district may establish civil
service for its employees by resolution upon the following
plan:
(1) It shall create a civil service commission with
authority to appoint a personnel officer and to make rules
and regulations for classification based upon suitable
differences in pay for differences in work, and for like pay
for like work, and for competitive entrance and promotional
examinations; for certifications, appointments, probationary
service periods and for dismissals therein; for demotions and
promotions based upon merit and for reemployments,
suspensions, transfers, sick leaves and vacations; for lay-offs
when necessary according to seniority; for separations from
the service by discharge for cause; for hearings and reinstatements, for establishing status for incumbent employees, and
for prescribing penalties for violations.
(2) The civil service commission and personnel officer
shall adopt rules to be known as civil service rules to govern
the administration of personnel transactions and procedure.
The rules so adopted shall have the force and effect of law,
and, in any and all proceedings, the rules shall be liberally
interpreted and construed to the end that the purposes and
basic requirements of the civil service system may be given
the fullest force and effect. [1965 c 7 § 35.61.140. Prior:
1943 c 264 § 4, part; Rem. Supp. 1943 § 6741-4, part; prior:
1919 c 135 § 1, part; 1907 c 98 § 4; RRS § 6723, part.]
Public employment, civil service and pensions: Title 41 RCW.
35.61.150 Park commissioners—Compensation.
Metropolitan park commissioners selected by election
according to RCW 35.61.050(2) shall perform their duties
and may provide, by resolution passed by the commissioners,
for the payment of compensation to each of its commissioners at a rate of up to seventy dollars for each day or portion
of a day devoted to the business of the district. However,
the compensation for each commissioner must not exceed six
thousand seven hundred twenty dollars per year.
Any commissioner may waive all or any portion of his
or her compensation payable under this section as to any
month or months during his or her term of office, by a
written waiver filed with the clerk of the board. The waiver,
to be effective, must be filed any time after the
commissioner’s election and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
[2002 c 88 § 6; 1998 c 121 § 1; 1965 c 7 § 35.61.150.
Prior: 1943 c 264 § 3, part; Rem. Supp. 1943 § 6741-3,
(2002 Ed.)
Metropolitan Park Districts
part; prior: 1909 c 131 § 2; 1907 c 98 § 3, part; RRS §
6722, part.]
35.61.180 Designation of district treasurer. The
county treasurer of the county within which all, or the major
portion, of the district lies shall be the ex officio treasurer of
a metropolitan park district, but shall receive no compensation other than his or her regular salary for receiving and
disbursing the funds of a metropolitan park district.
A metropolitan park district may designate someone
other than the county treasurer who has experience in
financial or fiscal affairs to act as the district treasurer if the
board has received the approval of the county treasurer to
designate this person. If the board designates someone other
than the county treasurer to act as the district treasurer, the
board shall purchase a bond from a surety company operating in the state that is sufficient to protect the district from
loss. [1987 c 203 § 1; 1983 c 167 § 55; 1965 c 7 §
35.61.180. Prior: 1943 c 264 § 13; Rem. Supp. 1943 §
6741-13; prior: 1907 c 98 § 13; RRS § 6732.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.61.190 Park district bonds—Retirement.
Whenever there is money in the metropolitan park district
fund and the commissioners of the park district deem it
advisable to apply any part thereof to the payment of bonded
indebtedness, they shall advertise in a newspaper of general
circulation within the park district for the presentation to
them for payment of as many bonds as they may desire to
pay with the funds on hand, the bonds to be paid in numerical order, beginning with the lowest number outstanding and
called by number.
Thirty days after the first publication of the notice by
the board calling in bonds they shall cease to bear interest,
and this shall be stated in the notice. [1985 c 469 § 33;
1965 c 7 § 35.61.190. Prior: 1943 c 264 § 11; Rem. Supp.
1943 § 6741-11; prior: 1907 c 98 § 11; RRS § 6730.]
35.61.200 Park district bonds—Payment of interest.
Any coupons for the payment of interest on metropolitan
park district bonds shall be considered for all purposes as
warrants drawn upon the metropolitan park district fund
against which the bonds were issued, and when presented
after maturity to the treasurer of the county having custody
of the fund. If there are no funds in the treasury to pay the
coupons, the county treasurer shall endorse said coupons as
presented for payment, in the same manner as county
warrants are endorsed, and thereafter the coupon shall bear
interest at the same rate as the bond to which it was attached. If there are no funds in the treasury to make
payment on a bond not having coupons, the interest payment
shall continue bearing interest at the bond rate until it is
paid, unless otherwise provided in the proceedings authorizing the sale of the bonds. [1983 c 167 § 56; 1965 c 7 §
35.61.200. Prior: 1943 c 264 § 12; Rem. Supp. 1943 §
6741-12; prior: 1907 c 98 § 12; RRS § 6731.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
35.61.150
35.61.210 Park district tax levy—"Park district
fund." The board of park commissioners may levy or cause
to be levied a general tax on all the property located in said
park district each year not to exceed fifty cents per thousand
dollars of assessed value of the property in such park
district. In addition, the board of park commissioners may
levy or cause to be levied a general tax on all property
located in said park district each year not to exceed twentyfive cents per thousand dollars of assessed valuation.
Although park districts are authorized to impose two separate
regular property tax levies, the levies shall be considered to
be a single levy for purposes of the limitation provided for
in chapter 84.55 RCW.
The board is hereby authorized to levy a general tax in
excess of its regular property tax levy or levies when
authorized so to do at a special election conducted in
accordance with and subject to all the requirements of the
Constitution and laws of the state now in force or hereafter
enacted governing the limitation of tax levies. The board is
hereby authorized to call a special election for the purpose
of submitting to the qualified voters of the park district a
proposition to levy a tax in excess of the seventy-five cents
per thousand dollars of assessed value herein specifically
authorized. The manner of submitting any such proposition,
of certifying the same, and of giving or publishing notice
thereof, shall be as provided by law for the submission of
propositions by cities or towns.
The board shall include in its general tax levy for each
year a sufficient sum to pay the interest on all outstanding
bonds and may include a sufficient amount to create a
sinking fund for the redemption of all outstanding bonds.
The levy shall be certified to the proper county officials for
collection the same as other general taxes and when collected, the general tax shall be placed in a separate fund in the
office of the county treasurer to be known as the "metropolitan park district fund" and paid out on warrants. [1997 c 3
§ 205 (Referendum Bill No. 47, approved November 4,
1997); 1990 c 234 § 3; 1973 1st ex.s. c 195 § 25; 1965 c 7
§ 35.61.210. Prior: 1951 c 179 § 1; prior: (i) 1943 c 264
§ 10, part; Rem. Supp. 1943 § 6741-10, part; prior: 1909 c
131 § 4; 1907 c 98 § 10; RRS § 6729. (ii) 1947 c 117 § 1;
1943 c 264 § 5; Rem. Supp. 1947 § 6741-5; prior: 1925
ex.s. c 97 § 1; 1907 c 98 § 5; RRS § 6724.]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55, 59),
RCW 84.52.050.
35.61.220 Petition for improvements on assessment
plan. If at any time any proposed improvement of any
parkway, avenue, street, or boulevard is deemed by the
board of metropolitan park commissioners to be a special
benefit to the lands adjoining, contiguous, approximate to or
in the neighborhood of the proposed improvement, which lie
within the city, the board may so declare, describing the
property to be benefited. Thereupon they may petition the
city council to cause the improvement contemplated by the
commissioners to be done and made on the local assessment
plan, and the portion of the cost of the improvement as fixed
[Title 35 RCW—page 219]
35.61.220
Title 35 RCW: Cities and Towns
by such assessment roll to be assessed against the said
property so benefited in the same manner and under the
same procedure as of other local improvements, and the
remainder of the cost of such improvement to be paid out of
the metropolitan park district fund.
The board of park commissioners shall designate the
kind, manner and style of the improvement to be made, and
may designate the time within which it shall be made. [1965
c 7 § 35.61.220. Prior: 1943 c 264 § 15; Rem. Supp. 1943
§ 6741-15; prior: 1909 c 131 § 5; 1907 c 98 § 15; RRS §
6734.]
Local improvements, supplemental authority: Chapter 35.51 RCW.
35.61.230 Objections—Appeal. Any person, firm or
corporation feeling aggrieved by the assessment against his
or its property may file objections with the city council and
may appeal from the order confirming the assessment roll in
the same manner as objections and appeals are made in
regard to local improvements in cities of the first class.
[1965 c 7 § 35.61.230. Prior: 1943 c 264 § 16; Rem. Supp.
1943 § 6741-16; prior: 1907 c 98 § 17; RRS § 6736.]
Appeal of assessments and reassessments: RCW 35.44.200 through
35.44.270.
35.61.240 Assessment lien—Collection. The assessment for local improvements authorized by this chapter shall
become a lien in the same manner, and be governed by the
same law, as is provided for local assessments in cities of
the first class and be collected as such assessments are
collected. [1965 c 7 § 35.61.240. Prior: 1943 c 264 § 17;
Rem. Supp. 1943 § 6741-17; prior: 1907 c 98 § 18; RRS §
6737.]
Collection and foreclosure of assessments: Chapters 35.49, 35.50 RCW.
35.61.250 Territorial annexation—Authority—
Petition. The territory adjoining a metropolitan park district
may be annexed to and become a part thereof upon petition
and an election held pursuant thereto. The petition shall
define the territory proposed to be annexed and must be
signed by twenty-five registered voters, resident within the
territory proposed to be annexed, unless the territory is
within the limits of another city when it must be signed by
twenty percent of the registered voters residing within the
territory proposed to be annexed. The petition must be
addressed to the board of park commissioners requesting that
the question be submitted to the legal voters of the territory
proposed to be annexed, whether they will be annexed and
become a part of the park district. [1985 c 416 § 4; 1965 c
7 § 35.61.250. Prior: 1943 c 264 § 20, part; Rem. Supp.
1943 § 6741-20, part; prior: 1907 c 98 § 20, part; RRS §
6739, part.]
35.61.260 Territorial annexation—Hearing on
petition. Upon the filing of an annexation petition with the
board of park commissioners, if the commissioners concur
in the petition, they shall provide for a hearing to be held for
the discussion of the proposed annexation at the office of the
board of park commissioners, and shall give due notice
thereof by publication at least once a week for two consecutive weeks before the hearing in a newspaper of general
circulation in the park district. [1985 c 469 § 34; 1965 c 7
[Title 35 RCW—page 220]
§ 35.61.260. Prior: 1943 c 264 § 20, part; Rem. Supp.
1943 § 6741-20, part; prior: 1907 c 98 § 20, part; RRS §
6739, part.]
35.61.270 Territorial annexation—Election—
Method. If the park commissioners concur in the petition,
they shall cause the proposal to be submitted to the electors
of the territory proposed to be annexed, at an election to be
held in the territory, which shall be called, canvassed and
conducted in accordance with the general election laws. The
board of park commissioners by resolution shall fix a time
for the holding of the election to determine the question of
annexation, and in addition to the notice required by RCW
29.27.080 shall give notice thereof by causing notice to be
published once a week for two consecutive weeks in a
newspaper of general circulation in the park district, and by
posting notices in five public places within the territory
proposed to be annexed in the district.
The ballot to be used at the election shall be in the
following form:
"For annexation to metropolitan park district."
"Against annexation to metropolitan park district."
[1985 c 469 § 35; 1965 c 7 § 35.61.270. Prior: 1943 c 264
§ 20, part; Rem. Supp. 1943 § 6741-20, part; prior: 1907 c
98 § 20, part; RRS § 6739, part.]
Canvassing returns, generally: Chapter 29.62 RCW.
Conduct of elections—Canvass: RCW 29.13.040.
Times for holding elections: Chapter 29.13 RCW.
35.61.275 Territorial annexation—Park district
containing city with population over one hundred
thousand—Assumption of indebtedness. The board of
park commissioners of any metropolitan park district which
includes a city with a population greater than one hundred
thousand may submit to the electorate of the territory sought
to be annexed a proposition that all property within the area
annexed shall, upon annexation, be assessed and taxed at the
same rate and on the same basis as the property of such
annexing metropolitan park district to pay for all or any
portion of the then outstanding indebtedness of the metropolitan park district. [1989 c 319 § 6.]
35.61.280 Territorial annexation—Election—Result.
The canvassing authority shall cause a statement of the result
of such election to be forwarded to the board of park
commissioners for entry on the record of the board. If the
majority of the votes cast upon that question at the election
shall favor annexation, the territory shall immediately
become annexed to the park district, and shall thenceforth be
a part of the park district, the same as though originally
included in the district. The expense of such election shall
be paid out of park district funds. [1965 c 7 § 35.61.280.
Prior: (i) 1943 c 264 § 20, part; Rem. Supp. 1943 § 674120, part; prior: 1907 c 98 § 20, part; RRS § 6739, part. (ii)
1943 c 264 § 21; Rem. Supp. 1943 § 6741-21; prior: 1907
c 98 § 21; RRS § 6740.]
35.61.290 Transfer of city or county property—
Authority—Emergency grant, loan, of funds by city. (1)
Any city within or comprising any metropolitan park district
(2002 Ed.)
Metropolitan Park Districts
may turn over to the park district any lands which it may
own, or any street, avenue, or public place within the city
for playground, park or parkway purposes, and thereafter its
control and management shall vest in the board of park
commissioners: PROVIDED, That the police regulations of
such city shall apply to all such premises.
At any time that any such metropolitan park district is
unable, through lack of sufficient funds, to provide for the
continuous operation, maintenance and improvement of the
parks and playgrounds and other properties or facilities
owned by it or under its control, and the legislative body of
any city within or comprising such metropolitan park district
shall determine that an emergency exists requiring the
financial aid of such city to be extended in order to provide
for such continuous operation, maintenance and/or improvement of parks, playgrounds facilities, other properties, and
programs of such park district within its limits, such city
may grant or loan to such metropolitan park district such of
its available funds, or such funds which it may lawfully
procure and make available, as it shall find necessary to
provide for such continuous operation and maintenance and,
pursuant thereto, any such city and the board of park
commissioners of such district are authorized and empowered to enter into an agreement embodying such terms and
conditions of any such grant or loan as may be mutually
agreed upon.
The board of metropolitan park commissioners may
accept public streets of the city and grounds for public
purposes when donated for park, playground, boulevard and
park purposes.
(2) Counties may turn over to the park district any park
and recreation lands and equipment that they own, and the
board of metropolitan park commissioners may accept such
lands and equipment. [1985 c 416 § 5; 1965 c 7 §
35.61.290. Prior: 1953 c 194 § 1. Formerly: (i) 1943 c
264 § 18; Rem. Supp. 1943 § 6741-18; prior: 1907 c 98 §
16; RRS § 6735. (ii) 1943 c 264 § 19; Rem. Supp. 1943 §
6741-19; prior: 1907 c 98 § 19; RRS § 6738.]
35.61.300 Transfer of city or county property—
Assumption of indebtedness. When any metropolitan park
district shall be formed pursuant to this chapter and shall
assume control of the parks, parkways, boulevards, and park
property of the city in which said park district is created, or
the metropolitan park district accepts county park and
recreation lands, such park district shall assume all existing
indebtedness, bonded or otherwise, against such park
property, and shall arrange by taxation or issuing bonds, as
herein provided, for the payment of such indebtedness, and
shall relieve such city or county from such payment. Said
park district is hereby given authority to issue refunding
bonds when necessary in order to enable it to comply with
this section. [1985 c 416 § 6; 1965 c 7 § 35.61.300. Prior:
1943 c 264 § 22; Rem. Supp. 1943 § 6741-22; prior: 1907
c 98 § 22; RRS § 6741.]
35.61.310 Dissolution. A board of commissioners of
a metropolitan park district may, upon a majority vote of all
its members, dissolve any metropolitan park district, prorate
the liabilities thereof, and turn over to the city and/or county
(2002 Ed.)
35.61.290
so much of the district as is respectively located therein,
when:
(1) Such city and/or county, through its governing
officials, agrees to, and petitions for, such dissolution and
the assumption of such assets and liabilities, or;
(2) Ten percent of the voters of such city and/or county
who voted at the last general election petition the governing
officials for such a vote. [1965 c 7 § 35.61.310. Prior:
1953 c 269 § 1.]
Dissolution of special districts: Chapters 36.96 and 53.48 RCW.
35.61.315 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
35.61.350 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
35.61.360 Withdrawal or reannexation of areas. (1)
As provided in this section, a metropolitan park district may
withdraw areas from its boundaries, or reannex areas into the
metropolitan park district that previously had been withdrawn from the metropolitan park district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the park district commissioners requesting the withdrawal and finding that, in the opinion
of the commissioners, inclusion of this area within the
metropolitan park district will result in a reduction of the
district’s tax levy rate under the provisions of RCW
84.52.010; and (b) adoption of a resolution by the city or
town council approving the withdrawal, if the area is located
within the city or town, or adoption of a resolution by the
county legislative authority of the county within which the
area is located approving the withdrawal, if the area is
located outside of a city or town. A withdrawal shall be
effective at the end of the day on the thirty-first day of
December in the year in which the resolutions are adopted,
but for purposes of establishing boundaries for property tax
purposes, the boundaries shall be established immediately
upon the adoption of the second resolution.
The withdrawal of an area from the boundaries of a
metropolitan park district shall not exempt any property
therein from taxation for the purpose of paying the costs of
redeeming any indebtedness of the metropolitan park district
existing at the time of the withdrawal.
(3) An area that has been withdrawn from the boundaries of a metropolitan park district under this section may
be reannexed into the metropolitan park district upon: (a)
Adoption of a resolution by the park district commissioners
proposing the reannexation; and (b) adoption of a resolution
by the city or town council approving the reannexation, if
the area is located within the city or town, or adoption of a
resolution by the county legislative authority of the county
within which the area is located approving the reannexation,
if the area is located outside of a city or town. The reannexation shall be effective at the end of the day on the thirtyfirst day of December in the year in which the adoption of
the second resolution occurs, but for purposes of establishing
boundaries for property tax purposes, the boundaries shall be
established immediately upon the adoption of the second
[Title 35 RCW—page 221]
35.61.360
Title 35 RCW: Cities and Towns
resolution. Referendum action on the proposed reannexation
may be taken by the voters of the area proposed to be
reannexed if a petition calling for a referendum is filed with
the city or town council, or county legislative authority,
within a thirty-day period after the adoption of the second
resolution, which petition has been signed by registered
voters of the area proposed to be reannexed equal in number
to ten percent of the total number of the registered voters
residing in that area.
If a valid petition signed by the requisite number of
registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to
authorize the reannexation shall be submitted to the voters of
the area at the next special election date specified in *RCW
29.13.020 that occurs forty-five or more days after the
petitions have been validated. Approval of the ballot
proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. [1987 c 138 § 2.]
determining the number of required signatures shall be the
election at which the initial elected officials were elected.
The election on changing the name of the city or town
shall be held at the next general election occurring sixty or
more days after the resolution was adopted, or the resolution
[petition] was submitted that has been certified by the county
auditor as having sufficient valid signatures. [1990 c 193 §
1.]
*Reviser’s note: As enacted by 1987 c 138 § 2, this section
contained an apparently erroneous reference to RCW 29.13.030, a section
repealed in 1965. Pursuant to RCW 1.08.015, this reference has been
changed to RCW 29.13.020, a later enactment of the section repealed.
If a majority of the votes cast favor the name change, the
city or town shall have its name changed effective thirty
days after the certification of the election results. [1990 c
193 § 2.]
35.61.370 Park district containing city with population over one hundred thousand—May commission police
officers. A metropolitan park district which contains a city
with a population greater than one hundred thousand may
commission its own police officers with full police powers
to enforce the laws and regulations of the city or county on
metropolitan park district property. Police officers initially
employed after June 30, 1989, pursuant to this section shall
be required to successfully complete basic law enforcement
training in accordance with chapter 43.101 RCW. [1989 c
319 § 5.]
Chapter 35.62
NAME—CHANGE OF
Sections
35.62.010
35.62.021
35.62.031
35.62.041
35.62.060
Authority for.
Election—Petition or resolution.
Ballot—One name proposed.
Ballot—More than one name proposed—Votes necessary.
Results—Certification.
35.62.031 Ballot—One name proposed. Where only
one new name has been proposed by petition or resolution
such question shall be in substantially the following form:
"Shall the name of the city (or town) of (insert name)
be changed to the city (or town) of (insert the proposed
new name) ?
Yes . . .
No . . ."
35.62.041 Ballot—More than one name proposed—
Votes necessary. Where more than one name is proposed
by either petition or resolution, the question shall be separated into two separate parts and shall be in substantially the
following form:
"Shall the name of the city (or town) of
be changed?
(insert name)
Yes . . .
No . . ."
"If a name change is approved, which of the following
should be the new name?
(insert name)
(insert name)
Vote for one."
35.62.010 Authority for. Any city or town may
change its name in accordance with the procedure provided
in this chapter. [1965 c 7 § 35.62.010. Prior: 1925 ex.s. c
146 § 1; RRS § 8891-1.]
35.62.021 Election—Petition or resolution. The
question of whether the name of a city or town shall be
changed shall be presented to the voters of the city or town
upon either: (1) The adoption of a resolution by the city or
town council proposing a specific name change; or (2) the
submission of a petition proposing a specific name change
that has been signed by voters of the city or town equal in
number to at least ten percent of the total number of voters
of the city or town who voted at the last municipal general
election. However, for any newly incorporated city or town
that has not had city officials elected at a normal general
municipal election, the election that is used as the base for
Voters may select a name change whether or not they vote
in favor of changing the name of the city or town. If a
majority of the votes cast on the first proposition favor
changing the name, the name that receives at least a majority
of the total number of votes cast for an alternative name
shall become the new name of the city or town effective
thirty days after the certification of the election results.
If no alternative name receives a simple majority vote,
then an election shall be held at the next November special
election date, at which voters shall be given the option of
choosing which of the two alternative names that received
the most votes shall become the new name of the city or
town. This ballot proposition shall be worded substantially
as follows:
"Which of the following names shall become the new name
of the city (or town) of (insert name) ?
[Title 35 RCW—page 222]
(insert name)
(insert name)
Vote for one."
(2002 Ed.)
Name—Change of
The name that receives the majority vote shall become the
new name of the city or town effective thirty days after the
certification of the election results. [1990 c 193 § 3.]
35.62.060 Results—Certification. Whenever any city
or town has changed its name, the clerk shall certify the new
name to the secretary of state prior to the date when the
change takes effect. [1965 c 7 § 35.62.060. Prior: 1925
ex.s. c 146 § 6; RRS § 8891-6.]
Chapter 35.63
PLANNING COMMISSIONS
Sections
35.63.010
35.63.015
35.63.020
35.63.030
35.63.040
35.63.050
35.63.060
35.63.065
35.63.070
35.63.080
35.63.090
35.63.100
Definitions.
"Solar energy system" defined.
Commissioners—Manner of appointment.
Commissioners—Number—Tenure—Compensation.
Commissions—Organization—Meeting—Rules.
Expenditures.
Powers of commissions.
Public notice—Identification of affected property.
Regional commissions—Appointment—Powers.
Restrictions on buildings—Use of land.
Restrictions—Purposes of.
Restrictions—Recommendations of commission—
Hearings—Adoption of comprehensive plan—
Certifying—Filing or recording.
35.63.105 Amendments to comprehensive plan to be adopted, certified,
and recorded or filed in accordance with RCW
35.63.100.
35.63.110 Restrictive zones.
35.63.120 Supplemental restrictions—Hearing—Affirmance, disaffirmance, modification of commission’s decision.
35.63.125 Development regulations—Consistency with comprehensive
plan.
35.63.130 Hearing examiner system—Adoption authorized—
Alternative—Functions—Procedures.
35.63.140 Residential care facilities—Review of need and demand—
Adoption of ordinances.
35.63.150 Conformance with chapter 43.97 RCW required.
35.63.160 Prohibitions on manufactured homes—Review required—
"Designated manufactured home" defined.
35.63.170 Definitions.
35.63.180 Child care facilities—Review of need and demand—
Adoption of ordinances.
35.63.185 Family day-care provider’s home facility—City may not
prohibit in residential or commercial area.
35.63.200 Moratoria, interim zoning controls—Public hearing—
Limitation on length.
35.63.210 Accessory apartments.
35.63.220 Treatment of residential structures occupied by persons with
handicaps.
35.63.230 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
35.63.240 Planning regulations—Copies provided to county assessor.
35.63.250 General aviation airports.
35.63.260 Conditional and special use permit applications by parties
licensed or certified by the department of social and
health services or the department of corrections—
Mediation prior to appeal required.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by cities or towns: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Airport zoning: Chapter 14.12 RCW.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
Approval of proposed plats, subdivisions, and dedications of land: Chapter
58.17 RCW.
(2002 Ed.)
35.62.041
Boundaries and plats: Title 58 RCW.
Counties, planning enabling act: Chapter 36.70 RCW.
County sewerage, water and drainage systems: Chapter 36.94 RCW.
Housing authorities law: Chapter 35.82 RCW.
Joint operations by municipal corporations or political subdivisions, deposit
and control of funds: RCW 43.09.285.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Municipal revenue bond act: Chapter 35.41 RCW.
Police and sanitary regulations: State Constitution Art. 11 § 11.
Recording of plats: Chapter 58.08 RCW.
35.63.010 Definitions. As used in this chapter the
following terms shall have the meaning herein given them:
"Appointive members" means all members of a commission other than ex officio members;
"Board" means the board of county commissioners;
"City" includes every incorporated city and town;
"Commission" means a city or county planning commission;
"Council" means the chief legislative body of a city;
"Ex officio members" means the members of a commission chosen from among city or county officials;
"Highways" include streets, roads, boulevards, lanes,
alleys, viaducts and other traveled ways;
"Mayor" means the chief executive of a city;
"Municipality" includes every county and city. [1965 c
7 § 35.63.010. Prior: 1935 c 44 § 1; RRS § 9322-1.]
35.63.015 "Solar energy system" defined. As used
in this chapter, "solar energy system" means any device or
combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in
addition to the collection of solar energy. These uses
include, but are not limited to, serving as a structural
member or part of a roof of a building or structure and
serving as a window or wall. [1979 ex.s. c 170 § 2.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy
systems: RCW 64.04.140.
35.63.020 Commissioners—Manner of appointment.
If any council or board desires to avail itself of the powers
conferred by this chapter it shall create a city or county
planning commission consisting of from three to twelve
members to be appointed by the mayor or chairman of the
municipality and confirmed by the council or board:
PROVIDED, That in cities of the first class having a
commission form of government consisting of three or more
members, the commissioner of public works shall appoint
the planning commission, which appointment shall be
confirmed by a majority of the city commissioners. Cities
of the first class operating under self-government charters
may extend the membership and the duties and powers of its
commission beyond those prescribed in this chapter. [1965
[Title 35 RCW—page 223]
35.63.020
Title 35 RCW: Cities and Towns
c 7 § 35.63.020. Prior: (i) 1935 c 44 § 2, part; RRS §
9322-2, part. (ii) 1935 c 44 § 12; RRS § 9322-12.]
35.63.030 Commissioners—Number—Tenure—
Compensation. The ordinance, resolution or act creating the
commission shall set forth the number of members to be
appointed, not more than one-third of which number may be
ex officio members by virtue of office held in any municipality. The term of office for ex officio members shall
correspond to their respective tenures. The term of office
for the first appointive members appointed to such commission shall be designated from one to six years in such
manner as to provide that the fewest possible terms will
expire in any one year. Thereafter the term of office for
each appointive member shall be six years.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members may be removed, after public hearing, by the appointing
official, with the approval of his council or board, for
inefficiency, neglect of duty or malfeasance in office.
The members shall be selected without respect to
political affiliations and they shall serve without compensation. [1965 c 7 § 35.63.030. Prior: 1935 c 44 § 2, part;
RRS § 9322-2, part.]
35.63.040 Commissions—Organization—Meeting—
Rules. The commission shall elect its own chairman and
create and fill such other offices as it may determine it
requires. The commission shall hold at least one regular
meeting in each month for not less than nine months in each
year. It shall adopt rules for transaction of business and
shall keep a written record of its meetings, resolutions,
transactions, findings and determinations which record shall
be a public record. [1965 c 7 § 35.63.040. Prior: 1935 c
44 § 3; RRS § 9322-3.]
35.63.050 Expenditures. The expenditures of any
commission or regional commission authorized and established under this chapter, exclusive of gifts, shall be within
the amounts appropriated for the purpose by the council or
board. Within such limits, any commission may employ
such employees and expert consultants as are deemed
necessary for its work. [1965 c 7 § 35.63.050. Prior: 1935
c 44 § 4; RRS § 9322-4.]
35.63.060 Powers of commissions. The commission
may act as the research and fact finding agency of the
municipality. To that end it may make such surveys,
analyses, researches and reports as are generally authorized
or requested by its council or board, or by the state with the
approval of its council or board. The commission, upon
such request or authority may also:
(1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not limited to
the potential for solar energy development and alternative
means to encourage and protect access to direct sunlight for
solar energy systems;
(2) Assemble and analyze the data thus obtained and
formulate plans for the conservation of such resources and
the systematic utilization and development thereof;
[Title 35 RCW—page 224]
(3) Make recommendations from time to time as to the
best methods of such conservation, utilization, and development;
(4) Cooperate with other commissions and with other
public agencies of the municipality, state and United States
in such planning, conservation, and development; and
(5) In particular cooperate with and aid the state within
its territorial limits in the preparation of the state master plan
provided for in RCW 43.21A.350 and in advance planning
of public works programs.
In carrying out its powers and duties, the commission
should demonstrate how land use planning is integrated with
transportation planning. [2002 c 189 § 1; 1988 c 127 § 1;
1979 ex.s. c 170 § 3; 1965 c 7 § 35.63.060. Prior: 1935 c
44 § 10; RRS § 9322-10.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35.63.065 Public notice—Identification of affected
property. Any notice made under chapter 35.63 RCW that
identifies affected property may identify this affected
property without using a legal description of the property
including, but not limited to, identification by an address,
written description, vicinity sketch, or other reasonable
means. [1988 c 168 § 9.]
35.63.070 Regional commissions—Appointment—
Powers. The commissions of two or more adjoining
counties, of two or more adjacent cities and towns, of one or
more cities and towns and/or one or more counties, together
with the boards of such counties and the councils of such
cities and towns may cooperate to form, organize and
administer a regional planning commission for the making of
a regional plan for the region defined as may be agreed upon
by the commissions, boards and councils. The regional
commission when requested by the commissions of its
region, may further perform any of the other duties for its
region that are specified in RCW 35.63.060 for city and
county commissions. The number of members of a regional
commission, their method of appointment and the proportion
of the cost of regional planning, surveys and studies to be
borne respectively by the various counties and cities in the
region, shall be such as may be agreed upon by commissions, boards and councils.
Any regional planning commission, or the councils or
boards respectively of any city, town, or county, are authorized to receive grants-in-aid from the government of the
United States or of any of its agencies, and are authorized to
enter into any reasonable agreement with any department or
agency of the government of the United States to arrange for
the receipt of federal funds for planning in the interest of
furthering the planning program. [1965 c 7 § 35.63.070.
Prior: 1957 c 130 § 1; 1935 c 44 § 11; RRS § 9322-11.]
Commission as employer for retirement system purposes: RCW 41.40.010.
35.63.080 Restrictions on buildings—Use of land.
The council or board may provide for the preparation by its
commission and the adoption and enforcement of coordinated plans for the physical development of the municipality.
For this purpose the council or board, in such measure as is
deemed reasonably necessary or requisite in the interest of
health, safety, morals and the general welfare, upon recom(2002 Ed.)
Planning Commissions
mendation by its commission, by general ordinances of the
city or general resolution of the board, may regulate and
restrict the location and the use of buildings, structures and
land for residence, trade, industrial and other purposes; the
height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of population; the set-back of buildings along highways, parks or
public water frontages; and the subdivision and development
of land; and may encourage and protect access to direct
sunlight for solar energy systems. A council where such
ordinances are in effect, may, on the recommendation of its
commission provide for the appointment of a board of
adjustment, to make, in appropriate cases and subject to
appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general
purposes and intent and in accordance with general or
specific rules therein contained. [1979 ex.s. c 170 § 4; 1965
c 7 § 35.63.080. Prior: 1935 c 44 § 5; RRS § 9322-5.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35.63.090 Restrictions—Purposes of. All regulations
shall be worked out as parts of a comprehensive plan which
each commission shall prepare for the physical and other
generally advantageous development of the municipality and
shall be designed, among other things, to encourage the most
appropriate use of land throughout the municipality; to lessen
traffic congestion and accidents; to secure safety from fire;
to provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to promote
a coordinated development of the unbuilt areas; to encourage
the formation of neighborhood or community units; to secure
an appropriate allotment of land area in new developments
for all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to encourage and protect access to direct sunlight for solar energy
systems; and to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements, including protection of the quality and quantity of
ground water used for public water supplies. Each plan shall
include a review of drainage, flooding, and storm water runoff in the area and nearby jurisdictions and provide guidance
for corrective actions to mitigate or cleanse those discharges
that pollute Puget Sound or waters entering Puget Sound.
[1985 c 126 § 1; 1984 c 253 § 1; 1979 ex.s. c 170 § 5; 1965
c 7 § 35.63.090. Prior: 1935 c 44 § 7; RRS § 9322-7.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35.63.100 Restrictions—Recommendations of
commission—Hearings—Adoption of comprehensive
plan—Certifying—Filing or recording. The commission
may recommend to its council or board the plan prepared by
it as a whole, or may recommend parts of the plan by
successive recommendations; the parts corresponding with
geographic or political sections, division or subdivisions of
the municipality, or with functional subdivisions of the
subject matter of the plan, or in the case of counties, with
suburban settlement or arterial highway area. It may also
prepare and recommend any amendment or extension thereof
or addition thereto.
(2002 Ed.)
35.63.080
Before the recommendation of the initial plan to the
municipality the commission shall hold at least one public
hearing thereon, giving notice of the time and place by one
publication in a newspaper of general circulation in the
municipality and in the official gazette, if any, of the
municipality.
The council may adopt by resolution or ordinance and
the board may adopt by resolution the plan recommended to
it by the commission, or any part of the plan, as the comprehensive plan.
A true copy of the resolution of the board adopting or
embodying such plan or any part thereof or any amendment
thereto shall be certified by the clerk of the board and filed
with the county auditor. A like certified copy of any map or
plat referred to or adopted by the county resolution shall
likewise be filed with the county auditor. The auditor shall
record the resolution and keep on file the map or plat.
The original resolution or ordinance of the council
adopting or embodying such plan or any part thereof or any
amendment thereto shall be certified by the clerk of the city
and filed by him. The original of any map or plat referred
to or adopted by the resolution or ordinance of the council
shall likewise be certified by the clerk of the city and filed
by him. The clerk shall keep on file the resolution or
ordinance and map or plat. [1967 ex.s. c 144 § 8; 1965 c 7
§ 35.63.100. Prior: 1935 c 44 § 8; RRS § 9322-8.]
Effective date—1967 ex.s. c 144: The effective date of 1967 ex.s. c
144 is July 30, 1967.
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Validation—1967 ex.s. c 144: "Any city comprehensive plan and all
amendments thereto which have been filed or recorded with the county
auditor prior to the effective date of this 1967 amendatory act shall be valid
and need not be refiled with the clerk of the city to remain valid and in full
force and effect." [1967 ex.s. c 144 § 10.]
35.63.105 Amendments to comprehensive plan to be
adopted, certified, and recorded or filed in accordance
with RCW 35.63.100. All amendments to a comprehensive
plan shall be adopted, certified, and recorded or filed in the
same manner as authorized in RCW 35.63.100 for an initial
comprehensive plan. [1967 ex.s. c 144 § 9.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Validation—1967 ex.s. c 144: See note following RCW 35.63.100.
35.63.110 Restrictive zones. For any or all of such
purposes the council or board, on recommendation of its
commission, may divide the municipality or any portion
thereof into districts of such size, shape and area, or may
establish such official maps, or development plans for the
whole or any portion of the municipality as may be deemed
best suited to carry out the purposes of this chapter and
within such districts it may regulate and restrict the erection,
construction, reconstruction, alteration, repair or use of
buildings, structures or land. [1965 c 7 § 35.63.110. Prior:
1935 c 44 § 6; RRS § 9322-6.]
35.63.120 Supplemental restrictions—Hearing—
Affirmance, disaffirmance, modification of commission’s
decision. Any ordinance or resolution adopting any such
plan or regulations, or any part thereof, may be amended,
[Title 35 RCW—page 225]
35.63.120
Title 35 RCW: Cities and Towns
supplemented or modified by subsequent ordinance or
resolution.
Proposed amendments, supplementations, or modifications shall first be heard by the commission and the decision
shall be made and reported by the commission within ninety
days of the time that the proposed amendments,
supplementations, or modifications were made.
The council or board, pursuant to public hearing called
by them upon application therefor by any interested party or
upon their own order, may affirm, modify or disaffirm any
decision of the commission. [1965 c 7 § 35.63.120. Prior:
1957 c 194 § 1; 1935 c 44 § 9; RRS § 9322-9.]
35.63.125 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each city and county that does
not plan under RCW 36.70A.040 shall not be inconsistent
with the city’s or county’s comprehensive plan. For the
purposes of this section, "development regulations" has the
same meaning as set forth in RCW 36.70A.030. [1990 1st
ex.s. c 17 § 22.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35.63.130 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1) As
an alternative to those provisions of this chapter relating to
powers or duties of the planning commission to hear and
report on any proposal to amend a zoning ordinance, the
legislative body of a city or county may adopt a hearing
examiner system under which a hearing examiner or hearing
examiners may hear and decide applications for amending
the zoning ordinance when the amendment which is applied
for is not of general applicability. In addition, the legislative
body may vest in a hearing examiner the power to hear and
decide those issues it believes should be reviewed and
decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications
for or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be
followed by the hearing examiner.
(2) Each city or county legislative body electing to use
a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the
examiner. The legal effect of such decisions may vary for
the different classes of applications decided by the examiner
but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to
the legislative body; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be
in writing and shall include findings and conclusions, based
[Title 35 RCW—page 226]
on the record, to support the decision. Such findings and
conclusions shall also set forth the manner in which the
decision would carry out and conform to the city’s or
county’s comprehensive plan and the city’s or county’s
development regulations. Each final decision of a hearing
examiner, unless a longer period is mutually agreed to in
writing by the applicant and the hearing examiner, shall be
rendered within ten working days following conclusion of all
testimony and hearings. [1995 c 347 § 423; 1994 c 257 §
8; 1977 ex.s. c 213 § 1.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 213 § 5.]
35.63.140 Residential care facilities—Review of
need and demand—Adoption of ordinances. Each
municipality that does not provide for the siting of residential care facilities in zones or areas that are designated for
single family or other residential uses, shall conduct a review
of the need and demand for the facilities, including the cost
of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990.
A copy of the findings, conclusions, and recommendations
resulting from the review shall be sent to the *department of
community development by September 30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 427 § 36.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
35.63.150 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by
a county or city pursuant to this chapter shall be subject to
and in conformity with the requirements of chapter 43.97
RCW, including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 6.]
35.63.160 Prohibitions on manufactured homes—
Review required—"Designated manufactured home"
defined. (1) Each comprehensive plan which does not allow
for the siting of manufactured homes on individual lots shall
be subject to a review by the city of the need and demand
for such homes. The review shall be completed by December 31, 1990.
(2) For the purpose of providing an optional reference
for cities which choose to allow manufactured homes on
(2002 Ed.)
Planning Commissions
individual lots, a "designated manufactured home" is a
manufactured home constructed after June 15, 1976, in
accordance with state and federal requirements for manufactured homes, which:
(a) Is comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty-six
feet long;
(b) Was originally constructed with and now has a
composition or wood shake or shingle, coated metal, or
similar roof of not less than 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding
materials commonly used on conventional site-built uniform
building code single-family residences.
(3) Nothing in this section precludes cities from allowing any manufactured home from being sited on individual
lots through local standards which differ from the designated
manufactured home as described in this section, except that
the term "designated manufactured home" shall not be used
except as defined in subsection (2) of this section. [1988 c
239 § 1.]
35.63.170 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 35.22.660, 35.63.180, 35A.63.210,
36.32.520, and 36.70.675:
(1) "Family day care home" means a person regularly
providing care during part of the twenty-four-hour day to six
or fewer children in the family abode of the person or
persons under whose direct care the children are placed.
(2) "Mini-day care center" means a person or agency
providing care during part of the twenty-four-hour day to
twelve or fewer children in a facility other than the family
abode of the person or persons under whose direct care the
children are placed, or for the care of seven through twelve
children in the family abode of such person or persons.
(3) "Day care center" means a person or agency that
provides care for thirteen or more children during part of the
twenty-four-hour day.
(4) "Child care facility" means a family day care home,
mini-day care center, and day care center. [1989 c 335 § 3.]
Findings—1989 c 335: "The legislature finds that:
(1) A majority of women with preschool and school age children in
Washington state are working outside of the home and are in need of child
care services for their children;
(2) The supply of licensed child care facilities in Washington state is
insufficient to meet the growing demand for child care services;
(3) The most convenient location of child care facilities for many
working families is near the family’s home or workplace." [1989 c 335 §
1.]
Purpose—1989 c 335: "The purpose of this act is to encourage the
dispersion of child care facilities throughout cities and counties in Washington state so that child care services are available at convenient locations to
working parents." [1989 c 335 § 2.]
Severability—1989 c 335: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 335 § 10.]
35.63.180 Child care facilities—Review of need and
demand—Adoption of ordinances. Each municipality that
does not provide for the siting of family day care homes in
zones or areas that are designated for single family or other
residential uses, and for the siting of mini-day care centers
and day care centers in zones or areas that are designated for
(2002 Ed.)
35.63.160
any residential or commercial uses, shall conduct a review
of the need and demand for child care facilities, including
the cost of any conditional or special use permit that may be
required. The review shall be completed by August 31,
1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the
*department of community development by September 30,
1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 335 § 4.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35.63.180: See RCW 35.63.170.
35.63.185 Family day-care provider’s home facility—City may not prohibit in residential or commercial
area. No city may enact, enforce, or maintain an ordinance,
development regulation, zoning regulation, or official control,
policy, or administrative practice which prohibits the use of
a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider’s home
facility.
A city may require that the facility: (1) Comply with
all building, fire, safety, health code, and business licensing
requirements; (2) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (3)
is certified by the office of child care policy licensor as
providing a safe passenger loading area; (4) include signage,
if any, that conforms to applicable regulations; and (5) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
A city may also require that the family day-care
provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the family day-care provider over licensing
requirements, the licensor may provide a forum to resolve
the dispute.
Nothing in this section shall be construed to prohibit a
city from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed
on other residential dwellings in the same zone and the
establishment of such facilities is not precluded. As used in
this section, "family day-care provider" is as defined in
RCW 74.15.020. [1995 c 49 § 1; 1994 c 273 § 14.]
35.63.200 Moratoria, interim zoning controls—
Public hearing—Limitation on length. A council or board
[Title 35 RCW—page 227]
35.63.200
Title 35 RCW: Cities and Towns
that adopts a moratorium or interim zoning control, without
holding a public hearing on the proposed moratorium or
interim zoning control, shall hold a public hearing on the
adopted moratorium or interim zoning control within at least
sixty days of its adoption, whether or not the council or
board received a recommendation on the matter from the
commission. If the council or board does not adopt findings
of fact justifying its action before this hearing, then the
council or board shall do so immediately after this public
hearing. A moratorium or interim zoning control adopted
under this section may be effective for not longer than six
months, but may be effective for up to one year if a work
plan is developed for related studies providing for such a
longer period. A moratorium or interim zoning control may
be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made
prior to each renewal. [1992 c 207 § 1.]
35.63.210 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993
c 478 § 8.]
35.63.220 Treatment of residential structures
occupied by persons with handicaps. No city may enact
or maintain an ordinance, development regulation, zoning
regulation or official control, policy, or administrative
practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential
structure occupied by a family or other unrelated individuals.
As used in this section, "handicaps" are as defined in the
federal fair housing amendments act of 1988 (42 U.S.C. Sec.
3602). [1993 c 478 § 20.]
35.63.230 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 shall be processed in
compliance with RCW 89.08.450 through 89.08.510. A fish
habitat enhancement project meeting the criteria of *RCW
75.20.350(1) shall be reviewed and approved according to
the provisions of *RCW 75.20.350. [1998 c 249 § 5; 1995
c 378 § 8.]
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
35.63.240 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a city planning under
RCW 36.70A.040 shall provide to the county assessor a
copy of the city’s comprehensive plan and development
regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following
year. [1996 c 254 § 3.]
35.63.250 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general
[Title 35 RCW—page 228]
aviation airport are subject to RCW 36.70.547. [1996 c 239
§ 3.]
35.63.260 Conditional and special use permit
applications by parties licensed or certified by the
department of social and health services or the department of corrections—Mediation prior to appeal required.
(1) Prior to filing an appeal of a final decision by a hearing
examiner involving a conditional or special use permit
application requested by a party that is licensed or certified
by the department of social and health services or the
department of corrections, the aggrieved party must, within
five days after the final decision, initiate formal mediation
procedures in an attempt to resolve the parties’ differences.
If, after initial evaluation of the dispute, the parties agree to
proceed with a mediation, the mediation shall be conducted
by a trained mediator selected by agreement of the parties.
The agreement to mediate shall be in writing and subject to
RCW 5.60.070. If the parties are unable to agree on a
mediator, each party shall nominate a mediator and the
mediator shall be selected by lot from among the nominees.
The mediator must be selected within five days after formal
mediation procedures are initiated. The mediation process
must be completed within fourteen days from the time the
mediator is selected except that the mediation process may
extend beyond fourteen days by agreement of the parties.
The mediator shall, within the fourteen-day period or within
the extension if an extension is agreed to, provide the parties
with a written summary of the issues and any agreements
reached. If the parties agree, the mediation report shall be
made available to the governing jurisdiction. The cost of the
mediation shall be shared by the parties.
(2) Any time limits for filing of appeals are tolled
during the pendency of the mediation process.
(3) As used in this section, "party" does not include
county, city, or town. [1998 c 119 § 1.]
Chapter 35.64
ZOOS AND AQUARIUMS
Sections
35.64.010
35.64.020
Contracts for management and operation—Terms—Public
hearing.
Construction—Collective bargaining agreement not affected.
35.64.010 Contracts for management and operation—Terms—Public hearing. (1) If the legislative
authority of a city with a population over one hundred fifty
thousand that is not in a metropolitan park district contracts
with one or more nonprofit corporations or other public
organizations for the overall management and operation of
a zoo, an aquarium, or both, that contract shall be subject to
this section. No such contract for the overall management
and operation of zoo or aquarium facilities by a nonprofit
corporation or other public organization shall have an initial
term or any renewal term longer than twenty years, but may
be renewed by the legislative authority of the city upon the
expiration of an initial term or any renewal term.
(2) Before approving each initial and any renewal
contract with a nonprofit corporation or other public organization for the overall management and operation of any
(2002 Ed.)
Zoos and Aquariums
facilities, the city legislative authority shall hold a public
hearing on the proposed management and operation by the
nonprofit corporation or other public organization. At least
thirty days prior to the hearing, a public notice setting forth
the date, time, and place of the hearing must be published at
least once in a local newspaper of general circulation.
Notice of the hearing shall also be mailed or otherwise
delivered to all who would be entitled to notice of a special
meeting of the city legislative authority under RCW
42.30.080. The notice shall identify the facilities involved
and the nonprofit corporation or other public organization
proposed for management and operation under the contract
with the city. The terms and conditions under which the city
proposes to contract with the nonprofit corporation or other
public organization for management and operation shall be
available upon request from and after the date of publication
of the hearing notice and at the hearing, but after the public
hearing the city legislative authority may amend the proposed terms and conditions at open public meetings.
(3) As part of the management and operation contract,
the legislative authority of the city may authorize the
managing and operating entity to grant to any nonprofit
corporation or public or private organization franchises or
concessions that further the public use and enjoyment of the
zoo or aquarium, as the case may be, and may authorize the
managing and operating entity to contract with any public or
private organization for any specific services as are routinely
so procured by the city.
(4) Notwithstanding any provision in the charter of the
city so contracting for the overall management and operation
of a zoo or an aquarium, or any other provision of law, the
nonprofit corporation or other public organization with
responsibility for overall management or operation of any
such facilities pursuant to a contract under this section may,
in carrying out that responsibility under such contract,
manage, supervise, and control those employees of the city
employed in connection with the zoo or aquarium and may
hire, fire, and otherwise discipline those employees.
Notwithstanding any provision in the charter of the city so
contracting for the overall management and operation of a
zoo or an aquarium, or any other provision of law, the civil
service system of any such city shall provide for the nonprofit corporation or other public organization to manage,
supervise, control, hire, fire, and otherwise discipline those
employees of the city employed in connection with the zoo
or aquarium.
(5) As part of the management and operation contract,
the legislative authority of the city shall provide for oversight of the managing and operating entity to ensure public
accountability of the entity and its performance in a manner
consistent with the contract. [2000 c 206 § 1.]
35.64.020 Construction—Collective bargaining
agreement not affected. Nothing in this chapter shall be
construed to affect any terms, conditions, or practices
contained in a collective bargaining agreement in effect on
June 8, 2000. [2000 c 206 § 2.]
Chapter 35.66
POLICE MATRONS
Sections
35.66.010
35.66.020
35.66.030
35.66.040
35.66.050
Authority to establish.
Appointment.
Assistance by police.
Compensation.
Persons under arrest—Separate quarters.
35.66.010 Authority to establish. There shall be
annexed to the police force of each city in this state having
a population of not less than ten thousand inhabitants one or
more police matrons who, subject to the control of the chief
of police or other proper officer, shall have the immediate
care of all females under arrest and while detained in the
city prison until they are finally discharged therefrom. [1965
c 7 § 35.66.010. Prior: 1893 c 15 § 1; RRS § 9282.]
35.66.020 Appointment. The police matron or
matrons employed or appointed in accordance with the
provisions of this chapter shall be employed or appointed in
the same manner as other regular members of the police
departments in the city where the appointment is made.
[1965 c 7 § 35.66.020. Prior: 1939 c 115 § 1; 1893 c 15 §
4; RRS § 9285.] [SLC-RO-4]
35.66.030 Assistance by police. Any person on the
police force or, in their absence, any other person present,
must aid and assist the matron when from necessity she may
require it. [1965 c 7 § 35.66.030. Prior: 1893 c 15 § 2;
RRS § 9283.]
35.66.040 Compensation. A police matron must be
paid such compensation for her services as shall be fixed by
the city council and at such time as may be appointed for the
payment of policemen. [1965 c 7 § 35.66.040. Prior: 1893
c 15 § 6; RRS § 9287.]
35.66.050 Persons under arrest—Separate quarters.
For the purpose of effecting the main object of this chapter,
no member of one sex under arrest shall be confined in the
same cell or apartment of the city jail or prison, with any
member of the other sex whatever. [1973 1st ex.s. c 154 §
53; 1965 c 7 § 35.66.050. Prior: 1893 c 15 § 3; RRS §
9284.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Chapter 35.67
SEWERAGE SYSTEMS—REFUSE COLLECTION
AND DISPOSAL
Sections
35.67.010
35.67.020
35.67.022
35.67.025
(2002 Ed.)
35.64.010
Definitions—"System of sewerage," "public utility."
Authority to construct system and fix rates and charges—
Classification of services and facilities—Assistance for
low-income persons.
Extension outside city subject to review by boundary review
board.
Public property subject to rates and charges for storm water
control facilities.
[Title 35 RCW—page 229]
Chapter 35.67
Title 35 RCW: Cities and Towns
35.67.030
35.67.065
35.67.110
Adoption of plan—Ordinance.
General obligation bonds—Issuance.
General obligation bonds—Payment—Revenue from service
charges.
35.67.120 Revenue bond fund—Authority to establish.
35.67.130 Revenue bond fund—Limitations upon creation.
35.67.140 Revenue bonds—Authority—Denominations—Terms.
35.67.150 Revenue bonds—Signatures—Form.
35.67.160 Revenue bonds—Obligation against fund, not city.
35.67.170 Revenue bonds—Sale of—Other disposition.
35.67.180 Revenue bonds—Remedy of owners.
35.67.190 Revenues from system—Classification of services—
Minimum rates—Compulsory use.
35.67.194 Revenue bonds validated.
35.67.200 Sewerage lien—Authority.
35.67.210 Sewerage lien—Extent—Notice.
35.67.215 Sewerage lien—Extension of coverage.
35.67.220 Sewerage lien foreclosure—Parts—Tracts.
35.67.230 Sewerage lien foreclosure—Limitation on time of commencement.
35.67.240 Sewerage lien foreclosure—Procedure.
35.67.250 Sewerage lien foreclosure—Trial.
35.67.260 Sewerage lien foreclosure—Redemption.
35.67.270 Sewerage sale acquired property—Disposition.
35.67.280 Sewerage sale acquired property—Payment of delinquent
taxes.
35.67.290 Sewerage lien—Enforcement—Alternative method.
35.67.300 Water-sewer districts and municipalities—Joint agreements.
35.67.310 Sewers—Outside city connections.
35.67.331 Water, sewerage, garbage systems—Combined facilities.
35.67.340 Statutes governing combined facility.
35.67.350 Penalty for sewer connection without permission.
35.67.360 Conservation of storm water and sewer services—Use of
public moneys.
35.67.370 Mobile home parks—Replacement of septic systems.
Assessments and charges against state lands: Chapter 79.44 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Prepayment of taxes and assessments: RCW 35.21.650.
Sewer facilities act: Chapter 35.91 RCW.
Sewerage improvement districts: Chapter 85.08 RCW.
35.67.010 Definitions—"System of sewerage,"
"public utility." A "system of sewerage" means and may
include any or all of the following:
(1) Sanitary sewage collection, treatment, and/or
disposal facilities and services, on-site or off-site sanitary
sewerage facilities, inspection services and maintenance
services for public or private on-site systems, or any other
means of sewage treatment and disposal approved by the
city;
(2) Combined sanitary sewage disposal and storm or
surface water sewers;
(3) Storm or surface water sewers;
(4) Outfalls for storm drainage or sanitary sewage and
works, plants, and facilities for storm drainage or sanitary
sewage treatment and disposal, and rights and interests in
property relating to the system;
(5) Combined water and sewerage systems;
(6) Point and nonpoint water pollution monitoring
programs that are directly related to the sewerage facilities
and programs operated by a city or town;
(7) Public restroom and sanitary facilities; and
(8) Any combination of or part of any or all of such
facilities.
The words "public utility" when used in this chapter has
the same meaning as the words "system of sewerage."
[1997 c 447 § 7; 1965 c 110 § 1; 1965 c 7 § 35.67.010.
[Title 35 RCW—page 230]
Prior: 1955 c 266 § 2; prior: 1941 c 193 § 1, part; Rem.
Supp. 1941 § 9354-4, part.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
35.67.020 Authority to construct system and fix
rates and charges—Classification of services and facilities—Assistance for low-income persons. Every city and
town may construct, condemn and purchase, acquire, add to,
maintain, conduct, and operate systems of sewerage and
systems and plants for refuse collection and disposal together
with additions, extensions, and betterments thereto, within
and without its limits, with full jurisdiction and authority to
manage, regulate, and control them and to fix, alter, regulate,
and control the rates and charges for their use. The rates
charged must be uniform for the same class of customers or
service and facilities furnished.
In classifying customers served or service and facilities
furnished by such system of sewerage, the city or town
legislative body may in its discretion consider any or all of
the following factors: (1) The difference in cost of service
and facilities to the various customers; (2) the location of the
various customers within and without the city or town; (3)
the difference in cost of maintenance, operation, repair, and
replacement of the various parts of the system; (4) the
different character of the service and facilities furnished
various customers; (5) the quantity and quality of the sewage
delivered and the time of its delivery; (6) the achievement of
water conservation goals and the discouragement of wasteful
water use practices; (7) capital contributions made to the
system, including but not limited to, assessments; (8) the
nonprofit public benefit status, as defined in RCW
24.03.490, of the land user; and (9) any other matters which
present a reasonable difference as a ground for distinction.
Rates or charges for on-site inspection and maintenance
services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
Under this chapter, after July 1, 1998, any requirements
for pumping the septic tank of an on-site sewage system
should be based, among other things, on actual measurement
of accumulation of sludge and scum by a trained inspector,
trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this
chapter, notification must be provided, prior to the applicable
public hearing, to all residences within the proposed service
area that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for
the service.
A city or town shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair
services under this section using city or town employees
unless the on-site system is connected by a publicly owned
collection system to the city or town’s sewerage system, and
(2002 Ed.)
Sewerage Systems—Refuse Collection and Disposal
the on-site system represents the first step in the sewage
disposal process. Nothing in this section shall affect the
authority of state or local health officers to carry out their
responsibilities under any other applicable law. [1997 c 447
§ 8; 1995 c 124 § 3; 1991 c 347 § 17; 1965 c 7 § 35.67.020.
Prior: 1959 c 90 § 1; 1955 c 266 § 3; prior: 1941 c 193 §
1, part; Rem. Supp. 1941 § 9354-4, part.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
35.67.022 Extension outside city subject to review
by boundary review board. The extension of sewer
facilities outside of the boundaries of a city or town may be
subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 32.]
35.67.025 Public property subject to rates and
charges for storm water control facilities. Except as
otherwise provided in RCW 90.03.525, any public entity and
public property, including the state of Washington and state
property, shall be subject to rates and charges for storm
water control facilities to the same extent private persons and
private property are subject to such rates and charges that are
imposed by cities and towns pursuant to RCW 35.67.020.
In setting these rates and charges, consideration may be
made of in-kind services, such as stream improvements or
donation of property. [1986 c 278 § 55; 1983 c 315 § 1.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—
Definitions: RCW 90.03.500 through 90.03.525. See also RCW
35.92.021, 36.89.085, and 36.94.145.
35.67.030 Adoption of plan—Ordinance. Whenever
the legislative body of any city or town, shall deem it
advisable that such city or town shall purchase, acquire or
construct any public utility mentioned in RCW 35.67.020, or
make any additions, betterments, or alterations thereto, or
extensions thereof, such legislative body shall provide
therefor by ordinance, which shall specify and adopt the
system or plan proposed, and declare the estimated cost
thereof as near as may be. [1985 c 445 § 1; 1965 c 7 §
35.67.030. Prior: 1941 c 193 § 2; Rem. Supp. 1941 §
9354-5.]
Elections: Title 29 RCW.
Limitations upon indebtedness, how exceeded: State Constitution Art. 7 §
2 (Amendments 55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36
RCW, RCW 84.52.050.
35.67.065 General obligation bonds—Issuance.
General obligation bonds issued by a city or town to pay for
all or part of the costs of purchasing, acquiring, or constructing any public utility mentioned in RCW 35.67.020, or the
costs of making any additions, betterments, or alterations
thereto, or extensions thereof, shall be issued and sold in
accordance with chapter 39.46 RCW. [1985 c 445 § 2.]
(2002 Ed.)
35.67.020
35.67.110 General obligation bonds—Payment—
Revenue from service charges. In addition to taxes
pledged to pay the principal of and interest on general
obligation bonds issued to pay for costs of purchasing,
acquiring, or constructing any public utility mentioned in
RCW 35.67.020, or to make any additions, betterments, or
alterations thereto, or extensions thereof, the city or town
legislative body, may set aside into a special fund and pledge
to the payment of such principal and interest any sums or
amounts which may accrue from the collection of service
rates and charges for the private and public use of said
sewerage system or systems for the collection and disposal
of refuse, in excess of the cost of operation and maintenance
thereof as constructed or added to, and the same shall be
applied solely to the payment of such interest and bonds.
Such pledge of revenue shall constitute a binding obligation,
according to its terms, to continue the collection of such
revenue so long as such bonds or any of them are outstanding. If the rates and charges are sufficient to meet the debt
service requirements on such bonds no general tax need be
levied. [1985 c 445 § 3; 1965 c 118 § 1; 1965 c 7 §
35.67.110. Prior: 1941 c 193 § 3, part; Rem. Supp. 1941 §
9354-6, part.]
35.67.120 Revenue bond fund—Authority to
establish. After the city or town legislative body adopts a
proposition for any such public utility, and either (1) no
general indebtedness has been authorized, or (2) the city or
town legislative body does not desire to incur a general
indebtedness, and the legislative body can lawfully proceed
without submitting the proposition to a vote of the people, it
may create a special fund or funds for the sole purpose of
defraying the cost of the proposed system, or additions,
betterments or extensions thereto.
The city or town legislative body may obligate the city
or town to set aside and pay into this special fund: (1) A
fixed proportion of the gross revenues of the system, or (2)
a fixed amount out of and not exceeding a fixed proportion
of the gross revenues, or (3) a fixed amount without regard
to any fixed proportion, and (4) amounts received from any
utility local improvement district assessments pledged to
secure such bonds. [1967 c 52 § 24; 1965 c 7 § 35.67.120.
Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7,
part.]
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
35.67.130 Revenue bond fund—Limitations upon
creation. In creating the special fund, the city or town
legislative body shall have due regard to the cost of operation and maintenance of the system as constructed or added
to, and to any proportion or part of the revenue previously
pledged as a fund for the payment of bonds, warrants and
other indebtedness. It shall not set aside into the special
fund a greater amount or proportion of the revenue and
proceeds than in its judgment will be available over and
above the cost of maintenance and operation and the amount
or proportion of the revenue so previously pledged. [1965
c 7 § 35.67.130. Prior: 1941 c 193 § 4, part; Rem. Supp.
1941 § 9354-7, part.]
[Title 35 RCW—page 231]
35.67.140
Title 35 RCW: Cities and Towns
35.67.140
Revenue bonds—Authority—
Denominations—Terms. A city or town may issue revenue
bonds against the special fund or funds created solely from
revenues. The revenue bonds so issued shall: (1) Be
registered bonds as provided in RCW 39.46.030 or coupon
bonds, (2) be issued in denominations of not less than one
hundred dollars nor more than one thousand dollars, (3) be
numbered from one upwards consecutively, (4) bear the date
of their issue, (5) be serial in form finally maturing not more
than thirty years from their date, (6) bear interest at the rate
or rates as authorized by the legislative body of the city or
town, payable annually or semiannually, (7) be payable as to
principal and interest at such place as may be designated
therein, and (8) shall state upon their face that they are
payable from a special fund, naming it and the ordinance
creating it: PROVIDED, That such bonds may also be
issued and sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 59; 1970 ex.s. c 56 § 43; 1969 ex.s. c 232 §
71; 1965 c 7 § 35.67.140. Prior: 1941 c 193 § 4, part;
Rem. Supp. 1941 § 9354-7, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
35.67.150 Revenue bonds—Signatures—Form.
Every revenue bond and any coupon shall be signed by the
mayor and attested by the clerk. The seal of the city or
town shall be attached to all bonds but not to any coupons.
Signatures on any coupons may be printed or may be the
lithographic facsimile of the signatures. The bonds shall be
printed, engraved or lithographed upon good bond paper.
[1983 c 167 § 60; 1965 c 7 § 35.67.150. Prior: 1941 c 193
§ 4, part; Rem. Supp. 1941 § 9354-7, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.67.160 Revenue bonds—Obligation against fund,
not city. Revenue bonds or warrants and interest shall be
payable only out of the special fund. Every bond or warrant
and interest thereon issued against the special fund shall be
a valid claim of the holder thereof only as against that fund
and its fixed proportion of the amount of revenue pledged to
the fund, and shall not constitute an indebtedness of the city
or town. Every warrant as well as every bond shall state on
its face that it is payable from a special fund, naming it and
the ordinance creating it. [1965 c 7 § 35.67.160. Prior:
1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.170 Revenue bonds—Sale of—Other disposition. Revenue bonds and warrants may be sold in any
manner the city or town legislative body deems for the best
interests of the city or town. The legislative body may
provide in any contract for the construction or acquisition of
a proposed utility that payment therefor shall be made only
in revenue bonds and warrants at their par value. [1965 c 7
§ 35.67.170. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941
§ 9354-7, part.]
[Title 35 RCW—page 232]
35.67.180 Revenue bonds—Remedy of owners. If a
city or town fails to set aside and pay into the special fund
created for the payment of revenue bonds and warrants the
amount which it has obligated itself in the ordinance creating
the fund to set aside and pay therein, the owner of any bond
or warrant issued against the fund may bring suit against the
city or town to compel it to do so. [1983 c 167 § 61; 1965
c 7 § 35.67.180. Prior: 1941 c 193 § 4, part; Rem. Supp.
1941 c 9354-7, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.67.190 Revenues from system—Classification of
services—Minimum rates—Compulsory use. The legislative body of such city or town may provide by ordinance for
revenues by fixing rates and charges for the furnishing of
service to those served by its system of sewerage or system
for refuse collection and disposal, which rates and charges
shall be uniform for the same class of customer or service.
In classifying customers served or service furnished by such
system of sewerage, the city or town legislative body may in
its discretion consider any or all of the following factors:
(1) The difference in cost of service to the various customers; (2) the location of the various customers within and
without the city or town; (3) the difference in cost of
maintenance, operation, repair, and replacement of the
various parts of the system; (4) the different character of the
service furnished various customers; (5) the quantity and
quality of the sewage delivered and the time of its delivery;
(6) capital contributions made to the system, including but
not limited to, assessments; (7) the nonprofit public benefit
status, as defined in RCW 24.03.490, of the land user; and
(8) any other matters which present a reasonable difference
as a ground for distinction.
If special indebtedness bonds or warrants are issued
against the revenues, the legislative body shall by ordinance
fix charges at rates which will be sufficient to take care of
the costs of maintenance and operation, bond and warrant
principal and interest, sinking fund requirements, and all
other expenses necessary for efficient and proper operation
of the system.
All property owners within the area served by such
sewerage system shall be compelled to connect their private
drains and sewers with such city or town system, under such
penalty as the legislative body of such city or town may by
ordinance direct. Such penalty may in the discretion of such
legislative body be an amount equal to the charge that would
be made for sewer service if the property was connected to
such system. All penalties collected shall be considered
revenue of the system. [1995 c 124 § 4; 1965 c 7 §
35.67.190. Prior: 1959 c 90 § 2; 1941 c 193 § 5; Rem.
Supp. 1941 § 9354-8.]
35.67.194 Revenue bonds validated. Any and all
water, sewer, or water and sewer revenue bonds part or all
of which may have been heretofore (prior to June 8, 1955)
issued by any city or town for the purpose of providing
funds to pay part or all of the cost of acquiring, constructing,
or installing a system of storm or surface water sewers or
any part thereof necessary for the proper and efficient
operation of a system of sanitary sewage disposal sewers or
(2002 Ed.)
Sewerage Systems—Refuse Collection and Disposal
35.67.194
a sanitary sewage treatment plant, the proceedings for the
issuance of which were valid in all other respects, are
approved, ratified and validated, and are declared to be legal
and binding obligations of such city or town, both principal
of and interest on which are payable only out of the revenues of the utility or utilities pledged for such payment.
[1965 c 7 § 35.67.194. Prior: 1955 c 266 § 5.]
35.67.215 Sewerage lien—Extension of coverage.
Any city or town may, by resolution or ordinance, provide
that the sewerage lien shall be effective for a total not to
exceed one year’s delinquent service charges without the
necessity of any writing or recording of the lien with the
county auditor, in lieu of the provisions provided for in
RCW 35.67.210. [1991 c 36 § 3.]
35.67.200 Sewerage lien—Authority. Cities and
towns owning their own sewer systems shall have a lien for
delinquent and unpaid rates and charges for sewer service,
penalties levied pursuant to RCW 35.67.190, and connection
charges, including interest thereon, against the premises to
which such service has been furnished or is available, which
lien shall be superior to all other liens and encumbrances
except general taxes and local and special assessments. The
city or town by ordinance may provide that delinquent
charges shall bear interest at not exceeding eight percent per
annum computed on a monthly basis: PROVIDED, That a
city or town using the property tax system for utility billing
may, by resolution or ordinance, adopt the alternative lien
procedure as set forth in RCW 35.67.215. [1991 c 36 § 2;
1965 c 7 § 35.67.200. Prior: 1959 c 90 § 4; prior: 1941 c
193 § 6, part; Rem. Supp. 1941 § 9354-9, part.]
35.67.220 Sewerage lien foreclosure—Parts—Tracts.
The city or town may foreclose its sewerage lien in an action
in the superior court. All or any of the tracts subject to the
lien may be proceeded against in the same action, and all
parties appearing of record as owning or claiming to own,
having or claiming to have any interest in or lien upon the
tracts involved in the action shall be impleaded in the action
as parties defendant. [1965 c 7 § 35.67.220. Prior: 1941 c
193 § 7, part; Rem. Supp. 1941 § 9354-10, part.]
35.67.210 Sewerage lien—Extent—Notice. The
sewerage lien shall be effective for a total of not to exceed
six months’ delinquent charges without the necessity of any
writing or recording. In order to make such lien effective
for more than six months’ charges the city or town treasurer,
clerk, or official charged with the administration of the
affairs of the utility shall cause to be filed for record in the
office of the county auditor of the county in which such city
or town is located, a notice in substantially the following
form:
"Sewerage lien notice
City (or town) of . . . . . . . . . . . . . . . . . . . . .
vs.
. . . . . . . . . . . . . . . . . . . . . reputed owner.
Notice is hereby given that the city (or town) of . . . . . .
has and claims a lien for sewer charges against the following
described premises situated in . . . . . . county, Washington,
to wit:
(here insert legal description of premises)
Said lien is claimed for not exceeding six months such
charges and interest now delinquent, amount to $. . . . . .,
and is also claimed for future sewerage charges against said
premises.
Dated . . . . . . . . . . . . . . . . . . . .
City (or town) of . . . . . . . . . . . .
By . . . . . . . . . . . . . . . . . . . . "
The lien notice may be signed by the city or town
treasurer or clerk or other official in charge of the administration of the utility. The lien notice shall be recorded as
prescribed by law for the recording of mechanics’ liens.
[1965 c 7 § 35.67.210. Prior: 1959 c 90 § 5; prior: 1941
c 193 § 6, part; Rem. Supp. 1941 § 9354-9, part.]
(2002 Ed.)
35.67.230 Sewerage lien foreclosure—Limitation on
time of commencement. An action to foreclose a sewerage
lien pursuant to a lien notice filed as required by law must
be commenced within two years from the date of the filing
thereof.
An action to foreclose a six months’ lien may be
commenced at any time after six months subsequent to the
furnishing of the sewerage service for which payment has
not been made. [1965 c 7 § 35.67.230. Prior: 1941 c 193
§ 7, part; Rem. Supp. 1941 § 9354-10, part.]
35.67.240 Sewerage lien foreclosure—Procedure.
The service of summons, and all other proceedings except as
herein otherwise prescribed including appeal, order of sale,
sale, redemption, and issuance of deed, shall be governed by
the statutes now or hereafter in force relating to the foreclosure of mortgages on real property. The terms "judgment
debtor" or "successor in interest" in the statutes governing
redemption when applied herein shall include an owner or a
vendee. [1965 c 7 § 35.67.240. Prior: 1941 c 193 § 7,
part; Rem. Supp. 1941 § 9354-10, part.]
35.67.250 Sewerage lien foreclosure—Trial. A
sewerage lien foreclosure action shall be tried before the
court without a jury. The court may allow in addition to
interest on the service charges at a rate not exceeding eight
percent per year from date of delinquency, costs and
disbursements as provided by statute and such attorneys’ fees
as the court may adjudge reasonable.
If the owners and parties interested in any particular
tract default, the court may enter judgment of foreclosure
and sale as to such parties and tracts and the action may
proceed as to the remaining defendants and tracts. The
judgment shall specify separately the amount of the sewerage
charges, with interest, penalty and costs chargeable to each
tract. The judgment shall have the effect of a separate
judgment as to each tract described in the judgment, and any
appeal shall not invalidate or delay the judgment except as
to the property concerning which the appeal is taken. In the
judgment the court shall order the tracts therein described
sold at one general sale, and an order of sale shall issue
pursuant thereto for the enforcement of the judgment.
Judgment may be entered as to any one or more separate
[Title 35 RCW—page 233]
35.67.250
Title 35 RCW: Cities and Towns
tracts involved in the action, and the court shall retain
jurisdiction of other properties. [1965 c 7 § 35.67.250.
Prior: 1941 c 193 § 7, part; Rem. Supp. 1941 § 9354-10,
part.]
35.67.260 Sewerage lien foreclosure—Redemption.
All sales shall be subject to the right of redemption within
one year from date of sale. [1965 c 7 § 35.67.260. Prior:
1941 c 193 § 7, part; Rem. Supp. 1941 § 9354-10, part.]
35.67.270 Sewerage sale acquired property—
Disposition. At any time after deed is issued to it pursuant
to lien, a city or town may lease or sell or convey any
property at public or private sale for such price and on such
terms as may be determined by resolution of the city or town
legislative body, any provision of law, charter or ordinance
to the contrary notwithstanding. [1965 c 7 § 35.67.270.
Prior: 1941 c 193 § 8; Rem. Supp. 1941 § 9354-11.]
35.67.280 Sewerage sale acquired property—
Payment of delinquent taxes. After the entry of judgment
of foreclosure against any tract, the city or town may pay
delinquent general taxes or purchase certificates of delinquency for general taxes on the tract or purchase the tract at
county tax foreclosure or from the county after foreclosure.
After entry of judgment of foreclosure against any
premises the city or town may pay local or special assessments which are delinquent or are about to become delinquent and if the tract has been foreclosed upon for local or
special assessments and the time for redemption has not
expired, it may redeem it.
No moneys shall be expended for the purposes enumerated in this section except upon enactment by the city or
town legislative body of a resolution determining the
desirability or necessity of making the expenditure. [1965
c 7 § 35.67.280. Prior: 1941 c 193 § 9; Rem. Supp. 1941
§ 9354-12.]
35.67.290 Sewerage lien—Enforcement—Alternative
method. As an additional and concurrent method of
enforcing the lien authorized in this chapter any city or town
operating its own municipal water system may provide by
ordinance for the enforcement of the lien by cutting off the
water service from the premises to which such sewer service
was furnished after the charges become delinquent and
unpaid, until the charges are paid.
The right to enforce the lien by cutting off and refusing
water service shall not be exercised after two years from the
date of the recording of sewerage lien notice except to
enforce payment of six months’ charges for which no lien
notice is required to be recorded. [1965 c 7 § 35.67.290.
Prior: 1941 c 193 § 10; Rem. Supp. 1941 § 9354-13.]
35.67.300 Water-sewer districts and municipalities—Joint agreements. Any city, town, or organized and
established water-sewer district owning or operating its own
sewer system, whenever topographic conditions shall make
it feasible and whenever such existing sewer system shall be
adequate therefor in view of the sewerage and drainage
requirements of the property in such city, town, or watersewer district, served or to be served by such system, may
[Title 35 RCW—page 234]
contract with any other city, town, or organized and established water-sewer district for the discharge into its sewer
system of sewage from all or any part or parts of such other
city, town, or water-sewer district upon such terms and
conditions and for such periods of time as may be deemed
reasonable.
Any city, town, or organized and established watersewer district may contract with any other city, town, or
organized and established water-sewer district for the
construction and/or operation of any sewer or sewage
disposal facilities for the joint use and benefit of the contracting parties upon such terms and conditions and for such
period of time as the governing bodies of the contracting
parties may determine. Any such contract may provide that
the responsibility for the management of the construction
and/or maintenance and operation of any sewer disposal
facilities or part thereof covered by such contract shall be
vested solely in one of the contracting parties, with the other
party or parties thereto paying to the managing party such
portion of the expenses thereof as shall be agreed upon.
[1999 c 153 § 37; 1965 c 7 § 35.67.300. Prior: 1947 c 212
§ 3; 1941 c 193 § 11; Rem. Supp. 1947 § 9354-14.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.67.310 Sewers—Outside city connections. Every
city or town may permit connections with any of its sewers,
either directly or indirectly, from property beyond its limits,
upon such terms, conditions and payments as may be
prescribed by ordinance, which may be required by the city
or town to be evidenced by a written agreement between the
city or town and the owner of the property to be served by
the connecting sewer.
If any such agreement is made and filed with the county
auditor of the county in which said property is located, it
shall constitute a covenant running with the land and the
agreements and covenants therein shall be binding on the
owner and all persons subsequently acquiring any right, title
or interest in or to said property.
If the terms and conditions of the ordinance or of the
agreement are not kept and performed, or the payments
made, as required, the city or town may disconnect the sewer
and for that purpose may at any time enter upon any public
street or road or upon said property. [1965 c 7 § 35.67.310.
Prior: 1941 c 75 § 1; Rem. Supp. 1941 § 9354-19.]
35.67.331 Water, sewerage, garbage systems—
Combined facilities. A city or town may by ordinance
provide that its water system, sewerage system, and garbage
and refuse collection and disposal system may be acquired,
constructed, maintained and operated jointly, either by
combining any two of such systems or all three. All powers
granted to cities and towns to acquire, construct, maintain
and operate such systems may be exercised in the joint
acquisition, construction, maintenance and operation of such
combined systems: PROVIDED, That if a general indebtedness is to be incurred to pay a part or all of the cost of
construction, maintenance, or operation of such a combined
system, no such indebtedness shall be incurred without such
indebtedness first being authorized by a vote of the people
at a special or general election conducted in the manner
(2002 Ed.)
Sewerage Systems—Refuse Collection and Disposal
prescribed by law: PROVIDED FURTHER, That nothing in
chapter 51, Laws of 1969 ex. sess. shall be construed to
supersede charter provisions to the contrary. [1969 ex.s. c
51 § 1.]
35.67.340 Statutes governing combined facility. The
operation by a city or town of a combined facility as
provided for in RCW 35.67.331 shall be governed by the
statutes relating to the establishment and maintenance of a
city or town water system if the water system is one of the
systems included in the combined acquisition, construction,
or operation; otherwise the combined system shall be
governed by the statutes relating to the establishment and
maintenance of a city or town sewerage system. [1969 ex.s.
c 51 § 2; 1965 c 7 § 35.67.340. Prior: 1941 c 193 § 12,
part; Rem. Supp. 1941 § 9354-15, part.]
35.67.350 Penalty for sewer connection without
permission. It is unlawful and a misdemeanor to make or
cause to be made or to maintain any sewer connection with
any sewer of any city or town, or with any sewer which is
connected directly or indirectly with any sewer of any city
or town without having permission from the city or town.
[1965 c 7 § 35.67.350. Prior: 1943 c 100 § 1; Rem. Supp.
1943 § 9354-20.]
35.67.360 Conservation of storm water and sewer
services—Use of public moneys. Any city, code city, town,
county, special purpose district, municipal corporation, or
quasi-municipal corporation that is engaged in the sale or
distribution of storm water or sewer services may use public
moneys or credit derived from operating revenues from the
sale of storm water or sewer services to assist the owners of
structures or equipment in financing the acquisition and
installation of materials and equipment, for compensation or
otherwise, for the conservation or more efficient use of
storm water or sewer services in such structures or equipment. Except for the necessary support of the poor and
infirm, an appropriate charge-back shall be made for the
extension of public moneys or credit. The charge-back shall
be a lien against the structure benefited or a security interest
in the equipment benefited. [1998 c 31 § 2.]
Findings—Intent—1998 c 31: "The legislature finds that the voters
approved an amendment to Article VIII, section 10 of the state Constitution
in 1997. The legislature finds that this amendment to the state Constitution
will allow necessary improvements to be made to storm water and sewer
services so that less pollution is discharged into the waters of the state, less
treatment will be needed, and capacity for existing treatment systems will
be saved. It is the intent of the legislature to enact legislation that grants
specific authority to units of local government that provide storm water and
sewer services to operate programs that are consistent with the authority
granted in House Joint Resolution No. 4209." [1998 c 31 § 1.]
Effective date—1998 c 31 § 2: "Section 2 of this act takes effect
July 1, 1998." [1998 c 31 § 3.]
35.67.370 Mobile home parks—Replacement of
septic systems. Cities, towns, or counties may not require
existing mobile home parks to replace existing, functional
septic systems with a sewer system within the community
unless the local board of health determines that the septic
system is failing. [1998 c 61 § 1.]
(2002 Ed.)
35.67.331
Chapter 35.68
SIDEWALKS, GUTTERS, CURBS, AND
DRIVEWAYS—ALL CITIES AND TOWNS
Sections
35.68.010
35.68.020
35.68.030
35.68.040
35.68.050
35.68.060
35.68.070
35.68.075
Authority conferred.
Resolution—Contents.
Resolution—Publication—Notice—Hearing.
"Sidewalk construction fund."
Assessment roll—Hearing—Notice—Confirmation—Appeal.
Method of payment of assessments.
Collection of assessments.
Curb ramps for physically handicapped—Required—
Standards and requirements.
35.68.076 Curb ramps for physically handicapped—Model standards.
35.68.080 Construction of chapter.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.68.010 Authority conferred. Any city or town,
hereinafter referred to as city, is authorized to construct,
reconstruct, and repair sidewalks, gutters and curbs along
and driveways across sidewalks, which work is hereafter
referred to as the improvement, and to pay the costs thereof
from any available funds, or to require the abutting property
owner to construct the improvement at the owner’s own cost
or expense, or, subject to the limitations in RCW 35.69.020
(2) and (3), to assess all or any portion of the costs thereof
against the abutting property owner. [1996 c 19 § 1; 1965
c 7 § 35.68.010. Prior: 1949 c 177 § 1; Rem. Supp. 1949
§ 9332a.]
35.68.020 Resolution—Contents. No such improvement shall be undertaken or required except pursuant to a
resolution of the council or commission of the city or town,
hereinafter referred to as the city council. The resolution
shall state whether the cost of the improvement shall be
borne by the city or whether all or a specified portion shall
be borne by the city or whether all or a specified portion
shall be borne by the abutting property owner; or whether
the abutting owner is required to construct the improvement
at his own cost and expense. If the abutting owner is
required to construct the improvement the resolution shall
specify the time within which the construction shall be
commenced and completed; and further that if the improvement or construction is not undertaken and completed within
the time specified that the city will perform or complete the
improvement and assess the cost against the abutting owner.
[1965 c 7 § 35.68.020. Prior: 1949 c 177 § 2; Rem. Supp.
1949 § 9332b.]
35.68.030 Resolution—Publication—Notice—
Hearing. If all or any portion of the cost is to be assessed
against the abutting property owner, or if the abutting
property owner is required to construct the improvement, the
resolution shall fix a time from and after its passage, and a
place, for hearing on the resolution. The resolution shall be
published for two consecutive weeks before the time of
hearing in the official newspaper or regularly published
official publication of the city or town and a notice of the
date of the hearing shall be given each owner or reputed
owner of the abutting property by mailing to the owner or
reputed owner of the property as shown on the tax rolls of
the county treasurer, at the address shown thereon a notice
[Title 35 RCW—page 235]
35.68.030
Title 35 RCW: Cities and Towns
of the date of hearing, the mailing to be at least ten days
before the date fixed for the hearing. If the publication and
mailing is made as herein required, proof thereof by affidavit
shall be filed with the city clerk, comptroller or auditor of
the city before the hearing. The hearing may be postponed
from time to time to a definite date until the hearing is held.
At the time of hearing the council shall hear persons who
appear for or against the improvement, and determine
whether it will or will not proceed with the improvement and
whether it will make any changes in the original plan, and
what the changes shall be. This action may be taken by
motion adopted in the usual manner. [1985 c 469 § 37;
1965 c 7 § 35.68.030. Prior: 1949 c 177 § 3; Rem. Supp.
1949 § 9332c.]
appeals from the assessment roll by chapters 35.43 to 35.54
RCW, inclusive, as now or hereafter amended. [1985 c 469
§ 38; 1965 c 7 § 35.68.050. Prior: 1949 c 177 § 5; Rem.
Supp. 1949 § 9332e.]
35.68.040 "Sidewalk construction fund." When all
or any portion of the cost is to be assessed against the
abutting property owner, the city council may create a
"sidewalk construction fund No. . . . ." to be numbered
differently for each improvement; and with warrants drawn
on this fund the cost of the respective improvements may be
paid. The city may advance as a loan to the sidewalk
construction fund from any available funds the amounts
necessary to pay any costs of the improvement. When any
assessments are made for the improvement, payments
therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the
amounts necessary to pay outstanding warrants any advances
or loans made to the fund shall be repaid. Whenever
warrants are drawn on any such fund which are not paid for
want of sufficient funds, they shall be so stamped and shall
bear interest until called and paid at a rate established by the
city council by resolution. [1965 c 7 § 35.68.040. Prior:
1949 c 177 § 4; Rem. Supp. 1949 § 9332d.]
35.68.070 Collection of assessments. The assessment
roll as affirmed or modified by the city council shall be filed
with the city treasurer for collection, and the amount thereof
including interest, if any, shall become a lien against the
property described therein from the date of such filing.
Whenever any payment on any assessment or installment is
delinquent and unpaid for a period of thirty days or more the
lien may be foreclosed in the same manner and with the
same effect as is provided by chapters 35.43 to 35.54 RCW,
inclusive; as now or hereafter amended. Whenever the deed
is issued after the sale therein provided, the regularity,
validity and correctness of the proceedings relating to such
improvement and the assessment therefor shall be final and
conclusive and no action shall thereafter be brought by or in
behalf of any person to set aside said deed. [1965 c 7 §
35.68.070. Prior: 1949 c 177 § 7; Rem. Supp. 1949 §
9332g.]
35.68.050 Assessment roll—Hearing—Notice—
Confirmation—Appeal. Where all or any portion of the
costs are to be assessed against the abutting property, an
assessment roll shall be prepared by the proper city official
or by the city council which shall to the extent necessary be
based on benefits and which shall describe the property
assessed, the name of the owner, if known, otherwise stating
that the owner is unknown and fixing the amount of the
assessment. The assessment roll shall be filed with the city
clerk, and when so filed the council shall by resolution fix
a date for hearing thereon and direct the clerk to give notice
of the hearing and the time and place thereof. The notice of
hearing shall be mailed to the person whose name appears
on the county treasurer’s tax roll as the owner or reputed
owner of the property, at the address shown thereon, and
shall be published before the date fixed for the hearing for
two consecutive weeks in the official newspaper or regular
official publication of the city. The notice shall be mailed
and first publication made at least ten days before the
hearing date. Proof of mailing and publication shall be
made by affidavit and shall be filed with the city clerk
before the date fixed for the hearing. Following the hearing
the city council shall by ordinance affirm, modify, or reject
or order recasting of the assessment roll. An appeal may be
taken to the superior court from the ordinance confirming the
assessment roll in the same manner as is provided for
[Title 35 RCW—page 236]
35.68.060 Method of payment of assessments. The
city council shall by resolution provide whether the full
amount of the assessment shall be paid in one payment or
whether it may be paid in installments and shall prescribe
the time and amount of such payments; and if more than one
payment is provided for, the city council may by resolution
provide for interest on unpaid installments and fix the rate
thereof. [1965 c 7 § 35.68.060. Prior: 1949 c 177 § 6;
Rem. Supp. 1949 § 9332f.]
35.68.075 Curb ramps for physically handicapped—
Required—Standards and requirements. (1) The standard
for construction on any county road, or city or town street,
for which curbs in combination with sidewalks, paths, or
other pedestrian access ways are to be constructed, shall be
not less than two ramps per lineal block on or near the
crosswalks at intersections. Such ramps shall be at least
thirty-six inches wide and so constructed as to allow reasonable access to the crosswalk for physically handicapped
persons, without uniquely endangering blind persons.
(2) Standards set for curb ramping under subsection (1)
of this section shall not apply to any curb existing upon
enactment of this section but shall apply to all new curb
construction and to all replacement curbs constructed at any
point in a block which gives reasonable access to a crosswalk.
(3) Upon September 21, 1977, every ramp thereafter
constructed under subsection (1) of this section, which serves
one end of a crosswalk, shall be matched by another ramp
at the other end of the crosswalk. However, no ramp shall
be required at the other end of the crosswalk if there is no
curb nor sidewalk at the other end of the crosswalk. Nor
shall any matching ramp constructed pursuant to this
subsection require a subsequent matching ramp. [1989 c 173
§ 1; 1977 ex.s. c 137 § 1; 1973 c 83 § 1.]
35.68.076 Curb ramps for physically handicapped—
Model standards. The department of general administration
(2002 Ed.)
Sidewalks, Gutters, Curbs, and Driveways—All Cities and Towns
shall, pursuant to chapter 34.05 RCW, the Administrative
Procedure Act, adopt several suggested model design,
construction, or location standards to aid counties, cities, and
towns in constructing curb ramps to allow reasonable access
to the crosswalk for physically handicapped persons without
uniquely endangering blind persons. The department of
general administration shall consult with handicapped
persons, blind persons, counties, cities, and the state building
code council in adopting the suggested standards. [1989 c
175 § 84; 1977 ex.s. c 137 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
35.68.080 Construction of chapter. This chapter is
supplemental and additional to any and all other laws
relating to construction, reconstruction, and repair of sidewalks, gutters, and curbs along driveways across sidewalks
in cities and towns. [1965 c 7 § 35.68.080. Prior: 1949 c
177 § 8; Rem. Supp. 1949 § 9332h.]
Chapter 35.69
SIDEWALKS—CONSTRUCTION,
RECONSTRUCTION IN FIRST AND SECOND
CLASS CITIES
Sections
35.69.010
35.69.020
Definitions.
Resolution of necessity—Liability of abutting property—
Reconstruction.
35.69.030 Notice to owners—Service—Contents—Assessment—
Collection.
35.69.040 Abutting property defined.
35.69.050 Construction of chapter.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.69.010 Definitions. The term "street" as used
herein includes boulevard, avenue, street, alley, way, lane,
square or place.
The term "city" includes any city of the first or second
class or any other city of equal population working under a
special charter.
The term "sidewalk" includes any and all pedestrian
structures or forms of improvement for pedestrians included
in the space between the street margin, as defined by a curb
or the edge of the traveled road surface, and the line where
the public right of way meets the abutting property. [1996
c 19 § 2; 1994 c 81 § 61; 1965 c 7 § 35.69.010. Prior:
1927 c 203 § 1; RRS § 9332-1.]
35.69.020 Resolution of necessity—Liability of
abutting property—Reconstruction. (1) Whenever a
portion, not longer than one block in length, of any street in
any city is not improved by the construction of a sidewalk
thereon, or the sidewalk thereon has become unfit or unsafe
for purposes of public travel, and such street adjacent to both
ends of said portion is so improved and in good repair, and
the city council of such city by resolution finds that the
improvement of such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for
the public safety and convenience, the duty, burden, and
expense of constructing or reconstructing such sidewalk shall
devolve upon the property directly abutting upon such
(2002 Ed.)
35.68.076
portion except as provided in subsections (2) and (3) of this
section.
(2) An abutting property shall not be charged with any
costs of construction or reconstruction under this chapter, or
under chapter 35.68 or 35.70 RCW, in excess of fifty
percent of the valuation of such abutting property, exclusive
of improvements thereon, according to the valuation last
placed upon it for purposes of general taxation.
(3) An abutting property shall not be charged with any
costs of reconstruction under this chapter, or under chapter
35.68 or 35.70 RCW, if the reconstruction is required to
correct deterioration of or damage to the sidewalk that is the
direct result of actions by the city or its agents or to correct
deterioration of or damage to the sidewalk that is the direct
result of the failure of the city to enforce its ordinances.
[1996 c 19 § 3; 1965 c 7 § 35.69.020. Prior: 1927 c 203 §
2; RRS § 9332-2.]
35.69.030 Notice to owners—Service—Contents—
Assessment—Collection. Whenever the city council of any
such city has adopted such resolution it shall cause a notice
to be served on the owner of the property directly abutting
on such portion of such street, instructing him to construct
or reconstruct a sidewalk on such portion in accordance with
the plans and specifications which shall be attached to such
notice. The notice shall be deemed sufficiently served if
delivered in person to the owner or if left at the home of
such owner with a person of suitable age and discretion then
resident therein, or with an agent of such owner, authorized
to collect rentals on such property, or, if the owner is a
nonresident of the state of Washington, by mailing a copy to
his last known address, or if he is unknown or if his address
is unknown, then by posting a copy in a conspicuous place
at such portion of the street where the improvement is to be
made. The notice shall specify a reasonable time within
which such construction or reconstruction shall be made, and
shall state that in case the owner fails to make the same
within such time, the city will proceed to make it through
the officer or department thereof charged with the inspection
of sidewalks and that such officer or department will report
to the city council, at a subsequent date, to be definitely
stated in the notice, an assessment roll showing the lot or
parcel of land directly abutting on such portion of the street
so improved, the cost of the improvement, and the name of
the owner, if known, and that the city council at the time
stated in the notice or at the time or times to which the same
may be adjourned, will hear any and all protests against the
proposed assessment. Upon the expiration of the time fixed
within which the owner is required to construct or reconstruct such sidewalk, if the owner has failed to perform such
work, the city may proceed to perform it, and the officer or
department of the city performing the work shall, within the
time fixed in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting
on that portion of the street so improved, the cost of the
work, and the name of the owner, if known. The city
council shall, at the time in such notice designated, or at an
adjourned time or times, assess the cost of such improvement against said property and shall fix the time and manner
for payment thereof, which said assessment shall become a
lien upon said property and shall be collected in the manner
[Title 35 RCW—page 237]
35.69.030
Title 35 RCW: Cities and Towns
as is provided by law for collection of local improvements
assessments under this title. [1965 c 7 § 35.69.030. Prior:
1927 c 203 § 3; RRS § 9332-3.]
35.69.040 Abutting property defined. For the
purposes of this chapter all property having a frontage upon
the sides or margins of any street shall be deemed to be
abutting property, and such property shall be chargeable, as
provided herein, for all costs of construction or reconstruction or any form of sidewalk improvement between the
margin of said street and the roadway lying in front of and
adjacent to said property. [1965 c 7 § 35.69.040. Prior:
1927 c 203 § 4; RRS § 9332-4.]
35.69.050 Construction of chapter. Nothing in this
chapter shall be construed to limit or repeal any existing
powers of cities with reference to the construction or
reconstruction of sidewalks or the improvement or maintenance of streets, but the power and authority herein granted
is to be exercised concurrent with or in extension of powers
and authority now existing. The legislative authority of any
city before exercising the powers and authority herein
granted shall, by proper ordinance, provide for the application and enforcement of the same within the limitations
herein specified. [1965 c 7 § 35.69.050. Prior: 1927 c 203
§ 5; RRS § 9332-5.]
Chapter 35.70
SIDEWALKS—CONSTRUCTION IN SECOND
CLASS CITIES AND TOWNS
Sections
35.70.010
35.70.020
35.70.030
35.70.040
35.70.050
35.70.060
35.70.070
35.70.080
35.70.090
35.70.100
Assessments
Definitions.
Owners’ responsibility.
Convenience and necessity reported by superintendent.
Council’s resolution and notice—Adoption.
Council’s resolution and notice—Contents.
Notice of resolution and order—Service.
Superintendent to construct and prepare assessment roll.
Hearing on assessment roll—Notice.
Lien of assessments and foreclosure.
Provisions of chapter not exclusive.
and charges against state lands: Chapter 79.44 RCW.
35.70.010 Definitions. For the purposes of this
chapter all property having a frontage on the side or margin
of any street shall be deemed abutting property, and such
property shall be chargeable, as provided in this chapter,
with all costs of construction of any form of sidewalk
improvement, between the margin of the street, as defined by
a curb or the edge of the traveled road surface, and the line
where the public right of way meets the abutting property,
and the term sidewalk as used in this chapter shall be
construed to mean and include any and all pedestrian
structures or forms of improvement for pedestrians included
in the space between the street margin, as defined by a curb
or the edge of the traveled road surface, and the line where
the public right of way meets the abutting property. [1996
c 19 § 4; 1965 c 7 § 35.70.010. Prior: 1915 c 149 § 7;
RRS § 9161.]
[Title 35 RCW—page 238]
35.70.020 Owners’ responsibility. In all cities of the
second class and towns the burden and expense of constructing sidewalks along the side of any street or other public
place shall devolve upon and be borne by the property
directly abutting thereon. The cost of reconstructing or
repairing existing sidewalks may devolve upon the abutting
property subject to the limitations in RCW 35.69.020 (2) and
(3). [1996 c 19 § 5; 1994 c 81 § 62; 1965 c 7 § 35.70.020.
Prior: 1915 c 149 § 1; RRS § 9155.]
35.70.030 Convenience and necessity reported by
superintendent. If in the judgment of the officer or
department having superintendence of streets and public
places, public convenience or safety requires that a sidewalk
be constructed along either side of any street, he shall report
the fact to the city or town council immediately. [1965 c 7
§ 35.70.030. Prior: 1915 c 149 § 2, part; RRS § 9156,
part.]
35.70.040 Council’s resolution and notice—
Adoption. If upon receiving a report from the proper
officer, the city or town council deems the construction of
the proposed sidewalk necessary or convenient for the public
it shall by an appropriate resolution order the sidewalk
constructed and shall cause a written notice to be served
upon the owner of each parcel of land abutting upon that
portion and side of the street where the sidewalk is constructed requiring him to construct the sidewalk in accordance with the resolution. [1965 c 7 § 35.70.040. Prior:
1915 c 149 § 2, part; RRS § 9156, part.]
35.70.050 Council’s resolution and notice—
Contents. The resolution and notice and order to construct
a sidewalk shall:
(1) Describe each parcel of land abutting upon that
portion and side of the street where the sidewalk is ordered
to be constructed,
(2) Specify the kind of sidewalk required, its size and
dimensions, the method and material to be used in construction,
(3) Contain an estimate of the cost thereof, and
(4) State that unless the sidewalk is constructed in
compliance with the notice, and within a reasonable time
therein specified, the city or town will construct the sidewalk
and assess the cost and expense thereof against the abutting
property described in the notice. [1965 c 7 § 35.70.050.
Prior: 1915 c 149 § 3; RRS § 9157.]
35.70.060 Notice of resolution and order—Service.
The notice shall be served:
(1) By delivering a copy to the owner or reputed owner
of each parcel of land affected, or to the authorized agent of
the owners, or
(2) By leaving a copy thereof at the usual place of
abode of the owner in the city or town with a person of
suitable age and discretion residing therein, or
(3) If the owner is a nonresident of the city or town and
his place of residence is known by mailing a copy to the
owner addressed to his last known place of residence, or
(4) If the place of residence of the owner is unknown or
if the owner of any parcel of land affected is unknown, by
(2002 Ed.)
Sidewalks—Construction in Second Class Cities and Towns
publication in the official newspaper of the city or town once
a week for two consecutive weeks. The notice shall specify
a reasonable time within which the sidewalk shall be
constructed which in the case of publication of the notice
shall not be less than sixty days from the date of the first
publication of such notice. [1985 c 469 § 36; 1965 c 7 §
35.70.060. Prior: 1915 c 149 § 4; RRS § 9158.]
35.70.060
Chapter 35.71
PEDESTRIAN MALLS
Sections
35.71.010
35.71.020
35.71.030
Definitions.
Establishment declared public purpose—Authority to establish—General powers.
Resolution of intention—Traffic limitation—Property
owner’s right of ingress and egress.
Plan—Alternate vehicle routes—Off-street parking—
Hearing, notice.
Real estate appraisers—Report.
Financing methods.
Waivers and quitclaim deeds—Rights in right of way.
Vacating, replatting right of way for mall purposes.
"Mall organization"—Powers in general—Directors—
Officers.
Special assessment.
Claims for damages.
Contracts with mall organization for administration—
Conflicting charter provisions.
Election to discontinue mall—Ordinance—Outstanding obligations—Restoration to former status.
Chapter controls inconsistent laws.
35.70.070 Superintendent to construct and prepare
assessment roll. If the notice and order to construct a
sidewalk is not complied with within the time therein
specified, the officer or department having the superintendence of streets shall proceed to construct said sidewalk
forthwith and shall report to the city or town council at its
next regular meeting or as soon thereafter as is practicable
an assessment roll showing each parcel of land abutting upon
the sidewalk, the name of the owner thereof if known, and
apportion the cost of said improvement to be assessed
against each parcel of such land. [1965 c 7 § 35.70.070.
Prior: 1915 c 149 § 5, part; RRS § 9159, part.]
35.71.040
35.70.080 Hearing on assessment roll—Notice.
Thereupon the city or town council shall set a date for
hearing any protests against the proposed assessment roll and
shall cause a notice of the time and place of the hearing to
be published once a week for two successive weeks in the
official newspaper of the city or town, the date of the
hearing to be not less than thirty days from the date of the
first publication of the notice. At the hearing or at any
adjournment thereof the council by ordinance shall assess the
cost of constructing the sidewalk against the abutting
property in accordance with the benefits thereto. [1985 c
469 § 39; 1965 c 7 § 35.70.080. Prior: (i) 1915 c 149 § 5,
part; RRS § 9159, part. (ii) 1915 c 149 § 6, part; RRS §
9160, part.]
35.71.010 Definitions. As used in this chapter, the
following terms shall have the meaning herein given to each
of them:
"City" means any city or town.
"Chief executive" means the mayor in a mayor-council
or commission city and city manager in a council-manager
city.
"Corporate authority" means the legislative body of any
city.
"Project" means a pedestrian mall project.
"Right of way" means that area of land dedicated for
public use or secured by the public for purposes of ingress
and egress to abutting property and other public purposes.
"Mall" means an area of land, part of which may be
surfaced, landscaped, and used entirely for pedestrian
movements, except with respect to governmental functions,
utilities, and loading and unloading of goods.
"Mall organization" means a group of property owners,
lessors, or lessees in an area that has been organized to
consider the establishment, maintenance, and operation of a
mall in a given area and persons owning or having any legal
or equitable interest in the real property affected by the
establishment of the mall. [1965 c 7 § 35.71.010. Prior:
1961 c 111 § 1.]
35.70.090 Lien of assessments and foreclosure. The
assessments shall become a lien upon the respective parcels
of land and shall be collected in the manner provided by law
for the collection of local improvement assessments and shall
bear interest at the rate of six percent per annum from the
date of the approval of said assessment thereon. [1965 c 7
§ 35.70.090. Prior: 1915 c 149 § 6, part; RRS § 9160,
part.]
Collection and foreclosure of local improvement assessments: Chapters
35.49, 35.50 RCW.
35.70.100 Provisions of chapter not exclusive. This
chapter shall not be construed as repealing or amending any
provision relating to the improvement of streets or public
places by special assessments commonly known as local
improvement laws, but shall be considered as additional
legislation and auxiliary thereto and the city or town council,
of any city of the second class or town before exercising the
authority herein granted may by ordinance provide for the
application and enforcement of the provisions of this chapter
within the limitations herein specified. [1994 c 81 § 63;
1965 c 7 § 35.70.100. Prior: 1915 c 149 § 8; RRS § 9162.]
(2002 Ed.)
35.71.050
35.71.060
35.71.070
35.71.080
35.71.090
35.71.100
35.71.110
35.71.120
35.71.130
35.71.910
35.71.020 Establishment declared public purpose—
Authority to establish—General powers. The establishment of pedestrian malls is declared to be for a public
purpose. Any corporate authority, by ordinance, may
establish and regulate any street right of way as a mall, may
prohibit, in whole or in part, vehicular traffic on a mall, and
may provide for the acquisition of any interest in the right of
way necessary to its establishment, and may provide for the
determination of legal damages, if any, to abutting property.
[1965 c 7 § 35.71.020. Prior: 1961 c 111 § 2.]
35.71.030 Resolution of intention—Traffic limitation—Property owner’s right of ingress and egress.
When the corporate authority determines that the public
interest, safety, and convenience is best served by the
[Title 35 RCW—page 239]
35.71.030
Title 35 RCW: Cities and Towns
establishment of a mall and that vehicular traffic will not be
unduly inconvenienced thereby, it may adopt a resolution
declaring its intention to do so, and announcing the intended
extent of traffic limitation. Any corporate authority is
authorized to limit the utilization of any right of way, except
for utilities and governmental functions, provided adequate
alternative routes for vehicular movement, and the loading
and unloading of goods are established or are available. The
abutting property owner’s right of ingress and egress shall be
considered to have been satisfied whenever the corporate
authority has planned and constructed, or there is available,
an alternate route, alleyway, and service driveway. [1965 c
7 § 35.71.030. Prior: 1961 c 111 § 3.]
35.71.040 Plan—Alternate vehicle routes—Offstreet parking—Hearing, notice. Before a mall is established, a plan shall be formulated consistent with the city’s
comprehensive plan, including at least the area of the right
of way between two intersecting streets and showing
alternate routes outside the mall area upon which any
vehicles excluded from using the mall may be accommodated; it may include a provision for on and off-street parking.
After the plans have been prepared, the corporate authority
shall hold a public hearing thereon, giving notice of time and
place at least two weeks in advance of the hearing in a
newspaper of general circulation in the city and as required
by chapter 42.32 RCW. [1965 c 7 § 35.71.040. Prior:
1961 c 111 § 4.]
35.71.050 Real estate appraisers—Report. The
corporate authority is authorized to engage duly qualified
real estate appraisers, for the purpose of determining the
value, or legal damages, if any, to any person, owning or
having any legal or equitable interest in any real property
who contends that he would suffer damage if a projected
mall were established; in connection therewith the city shall
take into account any increment in value that may result
from the establishment of the mall. The appraisers shall
submit their findings in writing to the chief executive of the
city. [1965 c 7 § 35.71.050. Prior: 1961 c 111 § 5.]
35.71.060 Financing methods. The corporate
authority may finance the establishment of a mall, including,
but not limited to, right of way improvements, traffic control
devices, and off-street parking facilities in the vicinity of the
mall, by one or more of the following methods or by a
combination of any two or more of them:
(1) By creating local improvement districts under the
laws applicable thereto in Title 35 RCW.
(2) By issuing revenue bonds pursuant to chapter 35.41
RCW, *RCW 35.24.305, chapter 35.92 RCW, RCW
35.81.100, and by such other statutes that may authorize
such bonds.
(3) By issuing general obligation bonds pursuant to
chapter 39.52 RCW, RCW 35.81.115, and by such other
statutes and applicable provisions of the state Constitution
that may authorize such bonds.
(4) By use of gifts and donations.
(5) General fund and other available moneys: PROVIDED, That if any general fund moneys are expended for a
mall, provision may be made for repayment thereof to the
[Title 35 RCW—page 240]
general fund from money received from the financing of the
mall.
The corporate authority may include within the cost of
any mall project the expense of moving utilities, or any
facility located within a right of way. [1965 c 7 §
35.71.060. Prior: 1961 c 111 § 6.]
*Reviser’s note: RCW 35.24.305 was recodified as RCW 35.23.454
pursuant to 1994 c 81 § 90.
35.71.070 Waivers and quitclaim deeds—Rights in
right of way. The corporate authority may formulate,
solicit, finance and acquire, purchase, or negotiate the
acquisition of waivers and the execution of quitclaim deeds
by persons owning or having any legal or equitable interest
in the real property affected by the establishment of a mall,
conveying the necessary rights to the city to prohibit through
vehicular traffic and otherwise limit vehicular access to, and
from, such right of way: PROVIDED, That the execution of
such waivers and quitclaim deeds shall not operate to
extinguish the rights of the abutting owner, lessor, or lessee
in the right of way, not included in such waiver or quitclaim
deed. [1965 c 7 § 35.71.070. Prior: 1961 c 111 § 7.]
35.71.080 Vacating, replatting right of way for mall
purposes. The corporate authority, as an alternate to the
preceding methods, may find that the right of way no longer
is needed as a right of way. When persons owning or
having any legal or equitable interest in the real property
affected by a proposed mall, present a petition to the
corporate authority for vacating the right of way pursuant to
chapter 35.79 RCW, or the corporate authority initiates by
resolution such a vacation proceeding, a right of way may be
vacated and replatted for mall purposes, and closed to
vehicular traffic except as provided in RCW 35.71.030,
consistent with the subdivision standards allowed by Title 58
RCW, and chapter 35.63 RCW. [1965 c 7 § 35.71.080.
Prior: 1961 c 111 § 8.]
35.71.090 "Mall organization"—Powers in general—Directors—Officers. The corporate authority may
cause an organization of persons to be known as a "Mall
organization" interested in creating a mall in a given area to
be formed to provide for consultative assistance to the city
with respect to the establishment and administration of a
mall. This organization may elect a board of directors of not
less than three nor more than twelve members. The board
shall elect a president, a vice president, and a secretary from
its membership. [1965 c 7 § 35.71.090. Prior: 1961 c 111
§ 9.]
35.71.100 Special assessment. After the establishment of the mall, the corporate authority may levy a special
assessment on the real property within the area specially
benefited by the improvement. Such special levy, if any,
shall be for operation and maintenance of the mall and
appurtenances thereto, which may not exceed one percent of
the aggregate actual valuation of the real property (including
twenty-five percent of the actual valuation of the improvements thereon) according to the valuation last placed upon
it for purposes of general taxation: PROVIDED, That if a
mall organization board of directors exists as authorized by
(2002 Ed.)
Pedestrian Malls
RCW 35.71.090, the corporate authority may entertain a
recommendation from this organization with respect to such
a levy by the corporate authority. [1965 c 7 § 35.71.100.
Prior: 1961 c 111 § 10.]
35.71.110 Claims for damages. Following the public
hearing on the ordinance to establish a mall any person
owning or having any legal or equitable interest in property
which might be affected by reason of the establishment of
the proposed mall or the board of directors of a mall
organization shall, within twenty days of such hearing, file
with the city clerk a statement describing the real property
as to which the claim is made, the nature of the claimant’s
interest therein, the nature of the alleged damage thereto and
the amount of damages claimed. After the receipt thereof,
the corporate authority may negotiate with the affected
parties concerning them or deny them. [1965 c 7 §
35.71.110. Prior: 1961 c 111 § 11.]
35.71.120 Contracts with mall organization for
administration—Conflicting charter provisions. If the
corporate authority desires to have the mall administered by
a mall organization rather than by one of its departments, the
corporate authority may execute a contract with such an
organization for the administration of the mall upon mutually
satisfactory terms and conditions: PROVIDED, That if any
provision of a city charter conflicts with this section, such
provision of the city charter shall prevail. [1965 c 7 §
35.71.120. Prior: 1961 c 111 § 12.]
35.71.130 Election to discontinue mall—
Ordinance—Outstanding obligations—Restoration to
former status. The board of directors of a mall organization may call for an election, after the mall has been in
operation for two years, at which the voting shall be by
secret ballot, on the question: "Shall the mall be continued
in operation?" If sixty percent of the membership of the
organization vote to discontinue the mall, the results of the
election shall be submitted to the corporate authority. The
corporate authority may initiate proceedings by ordinance for
the discontinuation of the mall, allocate the proportionate
amount of the outstanding obligations of the mall to the
abutting property of the mall or property specially benefited
if a local improvement district is established, subject to the
provisions of any applicable statutes and bond ordinances,
resolutions, or agreements, and thereafter, at a time set by
the corporate authority, the mall may be restored to its
former right of way status. [1965 c 7 § 35.71.130. Prior:
1961 c 111 § 13.]
35.71.910 Chapter controls inconsistent laws.
Insofar as the provisions of this chapter are inconsistent with
a provision of any other law, the provisions of this chapter
shall be controlling. [1965 c 7 § 35.71.910. Prior: 1961 c
111 § 15.]
(2002 Ed.)
35.71.100
Chapter 35.72
CONTRACTS FOR STREET, ROAD, AND
HIGHWAY PROJECTS
Sections
35.72.010
35.72.020
35.72.030
35.72.040
35.72.050
Contracts authorized for street projects.
Reimbursement by other property owners.
Reimbursement by other property owners—Reimbursement
share.
Assessment reimbursement contracts.
Alternative financing methods—Participation in or creation
of assessment reimbursement area by county, city, town,
or department of transportation—Eligibility for reimbursement.
35.72.010 Contracts authorized for street projects.
The legislative authority of any city, town, or county may
contract with owners of real estate for the construction or
improvement of street projects which the owners elect to
install as a result of ordinances that require the projects as a
prerequisite to further property development. [1983 c 126 §
1.]
35.72.020 Reimbursement by other property
owners. The contract may provide for the partial reimbursement to the owner or the owner’s assigns for a period not to
exceed fifteen years of a portion of the costs of the project
by other property owners who:
(1) Are determined to be within the assessment reimbursement area pursuant to RCW 35.72.040;
(2) Are determined to have a reimbursement share based
upon a benefit to the property owner pursuant to RCW
35.72.030;
(3) Did not contribute to the original cost of the street
project; and
(4) Subsequently develop their property within the
fifteen-year period and at the time of development were not
required to install similar street projects because they were
already provided for by the contract.
Street projects subject to reimbursement may include
design, grading, paving, installation of curbs, gutters, storm
drainage, sidewalks, street lighting, traffic controls, and other
similar improvements, as required by the street standards of
the city, town, or county. [1983 c 126 § 2.]
35.72.030 Reimbursement by other property
owners—Reimbursement share. The reimbursement shall
be a pro rata share of construction and reimbursement of
contract administration costs of the street project. A city,
town, or county shall determine the reimbursement share by
using a method of cost apportionment which is based on the
benefit to the property owner from such project. [1983 c
126 § 3.]
35.72.040 Assessment reimbursement contracts.
The procedures for assessment reimbursement contracts shall
be governed by the following:
(1) An assessment reimbursement area shall be formulated by the city, town, or county based upon a determination by the city, town, or county of which parcels adjacent
to the improvements would require similar street improvements upon development.
[Title 35 RCW—page 241]
35.72.040
Title 35 RCW: Cities and Towns
(2) The preliminary determination of area boundaries
and assessments, along with a description of the property
owners’ rights and options, shall be forwarded by certified
mail to the property owners of record within the proposed
assessment area. If any property owner requests a hearing
in writing within twenty days of the mailing of the preliminary determination, a hearing shall be held before the
legislative body, notice of which shall be given to all
affected property owners. The legislative body’s ruling is
determinative and final.
(3) The contract must be recorded in the appropriate
county auditor’s office within thirty days of the final
execution of the agreement.
(4) If the contract is so filed, it shall be binding on
owners of record within the assessment area who are not
party to the contract. [1988 c 179 § 16; 1983 c 126 § 4.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
35.72.050 Alternative financing methods—
Participation in or creation of assessment reimbursement
area by county, city, town, or department of transportation—Eligibility for reimbursement. (1) As an alternative
to financing projects under this chapter solely by owners of
real estate, a county, city, or town may join in the financing
of improvement projects and may be reimbursed in the same
manner as the owners of real estate who participate in the
projects, if the county, city, or town has specified the
conditions of its participation in an ordinance. As another
alternative, a county, city, or town may create an assessment
reimbursement area on its own initiative, without the
participation of a private property owner, finance the costs
of the road or street improvements, and become the sole
beneficiary of the reimbursements that are contributed. A
county, city, or town may be reimbursed only for the costs
of improvements that benefit that portion of the public who
will use the developments within the assessment reimbursement area established pursuant to RCW 35.72.040(1). No
county, city, or town costs for improvements that benefit the
general public may be reimbursed.
(2) The department of transportation may, for state
highways, participate with the owners of real estate or may
be the sole participant in the financing of improvement
projects, in the same manner and subject to the same
restrictions as provided for counties, cities, and towns, in
subsection (1) of this section. The department shall enter
into agreements whereby the appropriate county, city, or
town shall act as an agent of the department in administering
this chapter. [1997 c 158 § 1; 1987 c 261 § 1; 1986 c 252
§ 1.]
Chapter 35.73
STREET GRADES—SANITARY FILLS
Sections
35.73.010
35.73.020
35.73.030
35.73.040
35.73.050
35.73.060
35.73.070
Authority—First and second class cities.
Estimates—Intention—Property included—Resolution.
Hearing—Time of—Publication of resolution.
Ordinance—Assessments.
Lien of assessments.
Improvement district bonds—Issuance.
Improvement district bonds—Payment—Remedies.
[Title 35 RCW—page 242]
35.73.080
Provisions not exclusive.
35.73.010 Authority—First and second class cities.
If a city of the first or second class establishes the grade of
any street or alley at a higher elevation than any private
property abutting thereon, thereby rendering the drainage of
such private property or any part thereof impracticable
without the raising of the surface of such private property,
or if the surface of any private property in any such city is
so low as to make sanitary drainage thereof impracticable
and it is determined by resolution of the city council of such
city that a fill of such private property is necessary as a
sanitary measure, the city may provide therefor, and by
general or special ordinance or both make provision for the
necessary surveys, estimates, bids, contract, bond and
supervision of the work and for making and approving the
assessment roll of the local improvement district and for the
collection of the assessments made thereby, and for the
doing of everything which in their discretion may be
necessary or be incidental thereto: PROVIDED, That before
the approval of the assessment roll, notice shall be given and
an opportunity offered for the owners of the property
affected by the assessment roll to be heard before such city
council in the same manner as in case of assessments for
drainage or sewerage in the city. [1965 c 7 § 35.73.010.
Prior: (i) 1907 c 243 § 1; RRS § 9426. (ii) 1907 c 243 §
4; RRS § 9429.]
35.73.020 Estimates—Intention—Property included—Resolution. Before establishing a grade for property or
providing for the fill of property, the city must adopt a
resolution declaring its intention to do so.
The resolution shall:
(1) Describe the property proposed to be improved by
the fill,
(2) State the estimated cost of making the improvement,
(3) State that the cost thereof is to be assessed against
the property improved thereby, and
(4) Fix a time not less than thirty days after the first
publication of the resolution within which protests against
the proposed improvement may be filed with the city clerk.
The resolution may include as many separate parcels of
property as may seem desirable whether or not they are
contiguous so long as they lie in the same general neighborhood and may be included conveniently in one local improvement district. [1965 c 7 § 35.73.020. Prior: 1907 c
243 § 2, part; RRS § 9427, part.]
35.73.030 Hearing—Time of—Publication of
resolution. Upon the passage of the resolution the city clerk
shall cause it to be published in the official newspaper of the
city in at least two successive issues before the time fixed in
the resolution for filing protests. Proof of publication by
affidavit shall be filed as part of the record of the proceedings. [1965 c 7 § 35.73.030. Prior: 1907 c 243 § 2, part;
RRS § 9427, part.]
35.73.040 Ordinance—Assessments. If no protest is
filed, or if protests are filed but the city council after full
hearing determines that it is necessary to fill any portion of
the private property it shall proceed to enact an ordinance for
(2002 Ed.)
Street Grades—Sanitary Fills
such improvement. By the provisions of the ordinance, a
local improvement district shall be established to be called
"local improvement district No. . . . .," which shall include
all the property found by the said council to require the fill
as a sanitary measure. The ordinance shall provide that such
improvement shall be made and shall fix and establish the
grades to which the said property and the different portions
thereof shall be brought by such improvement, and that the
cost and expense thereof shall be taxed and assessed upon all
the property in such local improvement district, which cost
shall be assessed in proportion to the number of cubic yards
of earth and bulkheading required for the different portions
of said property included in said improvement district and in
proportion to the benefits derived by such improvement:
PROVIDED, That the city council may expend from the
general fund for such purposes such sums as in its judgment
may seem fair and equitable in consideration of the benefits
accruing to the general public by reason of such improvement. [1965 c 7 § 35.73.040. Prior: 1907 c 243 § 3, part;
RRS § 9428, part.]
35.73.050 Lien of assessments. Whenever any
expense or cost of work has been assessed the amount of
such expense and cost shall become a lien upon said lands
against which the same are so assessed and shall take
precedence of all other liens, except general tax liens and
special assessment liens theretofore assessed by the said city
thereon and which may be foreclosed in accordance with law
in the name of such city as plaintiff. And in any such
proceeding if the court trying the same shall be satisfied that
the work has been done or material furnished for the fill of
such property, a recovery shall be permitted or charge
enforced to the extent of the proper proportion of the value
of the work or material which would be chargeable on such
lot or land notwithstanding any informality, irregularity or
defects in any of the proceedings of such municipal corporation or its officers. [1965 c 7 § 35.73.050. Prior: 1907 c
243 § 3, part; RRS § 9428, part.]
Collection and foreclosure of local improvement district assessments:
Chapters 35.49, 35.50 RCW.
35.73.060 Improvement district bonds—Issuance.
(1) The city may, in its discretion, by general or special
ordinance, or both, instead of requiring immediate payment
for the said work to be made by the owners of property
included in the assessment roll, authorize the issuance of
interest bearing bonds or warrants of the local improvement
district, payable on or before a date not to exceed twelve
years from and after their date. The bonds may be issued
subject to call, the amount of the said assessment to be
payable in installments or otherwise, and the bonds to be of
such terms as may be provided in the ordinances and to bear
interest at such rate or rates as may be prescribed in the
ordinances. Such bonds or warrants may be of any form,
including bearer bonds or bearer warrants, or registered
bonds or registered warrants as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds or warrants may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 62; 1981 c 156 §
9; 1979 ex.s. c 30 § 1; 1965 c 7 § 35.73.060. Prior: 1915
c 87 § 1, part; 1907 c 243 § 5, part; RRS § 9430, part.]
(2002 Ed.)
35.73.040
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.73.070 Improvement district bonds—Payment—
Remedies. The bonds or warrants shall be payable only
from the fund created by the special assessments upon the
property in the local improvement district, and the owner of
any bond or warrant shall look only to this fund for the
payment of the principal and interest thereof and shall have
no claim or lien therefor against the city by which the same
was issued except from that fund. [1983 c 167 § 63; 1965
c 7 § 35.73.070. Prior: 1915 c 87 § 1, part; 1907 c 243 §
5, part; RRS § 9430, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.73.080 Provisions not exclusive. The provisions
and remedies provided by this chapter for filling lowlands in
connection with establishing street grades or for sanitary
reasons are cumulative. [1965 c 7 § 35.73.080. Prior: 1907
c 243 § 6; RRS § 9431.]
Chapter 35.74
STREETS—DRAWBRIDGES
Sections
35.74.010
35.74.020
35.74.030
35.74.040
35.74.050
35.74.060
Authority to construct or grant franchise to construct.
Initiation of proceedings—Notice to county commissioners.
Determination of width of draw—Appeal.
Required specifications.
City may operate as toll bridges.
Prerequisites of grant of franchise—Approval of bridge—
Tolls.
35.74.070 License fees—Renewal of license.
Bridges across navigable waters: Chapter 79.01 RCW.
Counties may assist as to certain bridges on city streets: RCW 36.75.200.
35.74.010 Authority to construct or grant franchise
to construct. Every city and town may erect and maintain
drawbridges across navigable streams that flow through or
penetrate the boundaries thereof, when the public necessity
requires it, or it may grant franchises to persons or corporations to erect them and charge toll thereon. [1965 c 7 §
35.74.010. Prior: 1890 p 54 § 1; RRS § 9323.]
35.74.020 Initiation of proceedings—Notice to
county commissioners. If the city or town council desires
to erect a drawbridge across any navigable stream on any
street, or to grant the privilege so to do to any corporation
or individual, it shall notify the board of county commissioners to that effect stating the precise point where such bridge
is proposed to be located. [1965 c 7 § 35.74.020. Prior:
1890 p 54 § 2, part; RRS § 9324, part.]
35.74.030 Determination of width of draw—Appeal.
The board of county commissioners within ten days from the
receipt of the notice, if in session, and if not in session,
within five days after the first day of the next regular or
special session, shall designate the width of the draw to be
made in such bridge, and the length of span necessary to
permit the free flow of water: PROVIDED, That if any
persons deem themselves aggrieved by the determination of
[Title 35 RCW—page 243]
35.74.030
Title 35 RCW: Cities and Towns
the matter by the board, they may appeal to the superior
court which may hear and determine the matter upon such
further notice and on such testimony as it shall direct to be
produced. [1965 c 7 § 35.74.030. Prior: 1890 p 54 § 2,
part; RRS § 9324, part.]
35.74.040 Required specifications. All bridges
constructed under the provisions of this chapter must be so
constructed as not to obstruct navigation, and must have a
draw or swing of sufficient space or span to permit the safe,
convenient, and expeditious passage at all times of any
steamer or vessel or raft which may navigate the stream or
waters bridged. [1965 c 7 § 35.74.040. Prior: 1890 p 55
§ 5; RRS § 9327.]
35.74.050 City may operate as toll bridges. A city
or town may build and maintain toll bridges and charge and
collect tolls thereon, and to that end may provide a system
and elect or appoint persons to operate the same, or the said
bridges may be made free, as it may elect. [1965 c 7 §
35.74.050. Prior: 1890 p 55 § 6; RRS § 9328.]
35.74.060 Prerequisites of grant of franchise—
Approval of bridge—Tolls. Before any franchise to build
any bridge across any such navigable stream is granted by
any city or town council it shall fix a license tax, not to
exceed ten percent of the tolls collected annually. Upon the
completion of the bridge the city or town council shall cause
it to be inspected and if it is found to comply in all respects
with the specifications previously made, and to be safe and
convenient for the public, the council shall declare it open as
a toll bridge, and shall immediately fix the rates of toll
thereof. [1965 c 7 § 35.74.060. Prior: 1890 p 55 § 3; RRS
§ 9325.]
35.74.070 License fees—Renewal of license. The
owner or keeper of any toll bridges in any city or town shall,
before the renewal of any license, report to the city or town
council under oath, the actual cost of construction and
equipment of the toll bridge, the repairs and cost of maintaining it during the preceding year, the amount of tax
collected, and the estimated cash value of the bridge,
exclusive of the franchise. All funds arising from the license
tax shall be paid into the general fund of the city or town.
[1965 c 7 § 35.74.070. Prior: 1890 p 55 § 4; RRS § 9326.]
Chapter 35.75
STREETS—BICYCLES—PATHS
Sections
35.75.010
35.75.020
35.75.030
35.75.040
35.75.050
35.75.060
Authority to regulate and license bicycles—Penalties.
Use of bicycle paths for other purposes prohibited.
License fees authorized.
Rules regulating use of bicycle paths.
Bicycle road fund—Sources—Use.
Use of street and road funds for bicycle paths, lanes, routes
and improvements authorized—Standards.
Bicycle awareness program: RCW 43.43.390.
Bicycle transportation management program: RCW 47.04.190.
Pavement marking standards: RCW 47.36.280.
Rules of the road, bicycles: RCW 46.61.750 through 46.61.780.
[Title 35 RCW—page 244]
35.75.010 Authority to regulate and license bicycles—Penalties. Every city and town may by ordinance
regulate and license the riding of bicycles and other similar
vehicles upon or along the streets, alleys, highways, or other
public grounds within its limits and may construct and
maintain bicycle paths or roadways within or outside of and
beyond its limits leading to or from the city or town. The
city or town may provide by ordinance for reasonable fines
and penalties for violation of the ordinance. [1965 c 7 §
35.75.010. Prior: (i) 1899 c 31 § 1; RRS § 9204. (ii) 1899
c 31 § 2; RRS § 9205.]
35.75.020 Use of bicycle paths for other purposes
prohibited. It shall be unlawful for any person to lead,
drive, ride, or propel any team, wagon, animal, or vehicle
other than a bicycle, electric personal assistive mobility
device, or similar vehicle upon and along any bicycle path
constructed within or without the corporate limits of any city
or town excepting at suitable crossings to be provided in the
construction of such paths. Any person violating the
provisions of this section shall be guilty of a misdemeanor.
[2002 c 247 § 8; 1965 c 7 § 35.75.020. Prior: 1899 c 31 §
3; RRS § 9206.]
Legislative review—2002 c 247: See note following RCW
46.04.1695.
35.75.030 License fees authorized. Every city and
town by ordinance may establish and collect reasonable
license fees from all persons riding a bicycle or other similar
vehicle within its respective corporate limits, and may
enforce the payment thereof by reasonable fines and penalties. [1965 c 7 § 35.75.030. Prior: 1899 c 31 § 4; RRS §
9207.]
35.75.040 Rules regulating use of bicycle paths.
The license fee to be paid and the rules regulating the riding
of bicycles or other similar vehicles within any city or town
shall be fixed by ordinance, and the rules regulating the use
of such bicycle paths or roadways constructed or maintained
within its limits and the fines and penalties for the violation
of such rules shall be fixed by ordinance. [1965 c 7 §
35.75.040. Prior: 1899 c 31 § 5; RRS § 9208.]
35.75.050 Bicycle road fund—Sources—Use. The
city or town council shall by ordinance provide that the
whole amount or any amount not less than seventy-five
percent of all license fees, penalties or other moneys
collected under the authority of this chapter shall be paid
into and placed to the credit of a special fund to be known
as the "bicycle road fund." The moneys in the bicycle road
fund shall not be transferred to any other fund and shall be
paid out for the sole purpose of building and maintaining
bicycle paths and roadways authorized to be constructed and
maintained by this chapter or for special policemen, bicycle
tags, stationery and other expenses growing out of the
regulating and licensing of the riding of bicycles and other
vehicles and the construction, maintenance and regulation of
the use of bicycle paths and roadways. [1965 c 7 §
35.75.050. Prior: 1899 c 31 § 6; RRS § 9209.]
(2002 Ed.)
Streets—Bicycles—Paths
35.75.060 Use of street and road funds for bicycle
paths, lanes, routes and improvements authorized—
Standards. Any city or town may use any funds available
for street or road construction, maintenance, or improvement
for building, improving, and maintaining bicycle paths, lanes,
roadways, and routes, and for improvements to make
existing streets and roads more suitable and safe for bicycle
traffic: PROVIDED, That any such paths, lanes, roadways,
routes, or streets for which any such street or road funds are
expended shall be suitable for bicycle transportation purposes
and not solely for recreation purposes. Bicycle facilities
constructed or modified after June 10, 1982, shall meet or
exceed the standards of the state department of transportation. [1982 c 55 § 1; 1974 ex.s. c 141 § 10.]
Chapter 35.76
STREETS—BUDGET AND ACCOUNTING
Sections
35.76.010
35.76.020
35.76.030
35.76.040
35.76.050
35.76.060
Declaration of purpose—Budget and accounting by functional categories.
Cost accounting and reporting—Cities over eight thousand.
Cost accounting and reporting—Cities of eight thousand or
less.
Manual of instructions.
Cost-audit examination and report.
Budgets.
35.76.010 Declaration of purpose—Budget and
accounting by functional categories. Records of city street
expenditures are generally inadequate to meet the needs of
cities for planning and administration of their street programs
and the needs of the legislature in providing for city street
financing. It is the intent of the legislature that each city and
town shall budget and thereafter maintain records and
accounts for all street expenditures by functional categories
in a manner consistent with its size, administrative capabilities, and the amounts of money expended by it for street
purposes. [1965 c 7 § 35.76.010. Prior: 1963 c 115 § 1.]
35.76.020 Cost accounting and reporting—Cities
over eight thousand. The state auditor shall formulate,
prescribe, and install a system of cost accounting and
reporting for each city having a population of more than
eight thousand, according to the last official census, which
will correctly show all street expenditures by functional
categories. The system shall also provide for reporting all
revenues available for street purposes from whatever source
including local improvement district assessments and state
and federal aid. [1995 c 301 § 48; 1965 c 7 § 35.76.020.
Prior: 1963 c 115 § 2.]
Cities over eight thousand, equipment rental fund in street department:
RCW 35.21.088.
35.76.030 Cost accounting and reporting—Cities of
eight thousand or less. Consistent with the intent of this
chapter as stated in RCW 35.76.010, the state auditor, from
and after July 1, 1965, is authorized and directed to prescribe
accounting and reporting procedures for street expenditures
for cities and towns having a population of eight thousand or
less, according to the last official census. [1995 c 301 § 49;
1965 c 7 § 35.76.030. Prior: 1963 c 115 § 3.]
(2002 Ed.)
35.75.060
35.76.040 Manual of instructions. The state auditor,
after consultation with the association of Washington cities
and the planning division of the state department of transportation shall prepare and distribute to the cities and towns a
manual of instructions governing accounting and reporting
procedures for all street expenditures. [1984 c 7 § 21; 1965
c 7 § 35.76.040. Prior: 1963 c 115 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
35.76.050 Cost-audit examination and report. The
state auditor shall annually make a cost-audit examination of
street records for each city and town and make a written
report thereon to the legislative body of each city and town.
The expense of the examination shall be paid out of that
portion of the motor vehicle fund allocated to the cities and
towns and withheld for use by the state department of
transportation under the terms of RCW 46.68.110(1). [1995
c 301 § 50; 1984 c 7 § 22; 1965 c 7 § 35.76.050. Prior:
1963 c 115 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
35.76.060 Budgets. Expenditures for city and town
streets shall be budgeted by each city and town according to
the same functional categories prescribed by the state auditor
for purposes of accounting and reporting as provided in
RCW 35.76.020 and 35.76.030.
In the preparation of city and town budgets, including
the preparation and filing of budget estimates, adoption of
preliminary budgets and adoption of final budgets, all
expenditures for street purposes shall be designated by such
functional categories only. [1965 c 7 § 35.76.060. Prior:
1963 c 115 § 6.]
Chapter 35.77
STREETS—PLANNING, ESTABLISHMENT,
CONSTRUCTION, AND MAINTENANCE
Sections
35.77.010
Perpetual advanced six-year plans for coordinated transportation program expenditures—Nonmotorized transportation—Railroad right-of-way.
35.77.015 Provisions for bicycle paths, lanes, routes, roadways and
improvements to be included in annual revision or extension of comprehensive street programs—Exception.
35.77.020 Agreements with county for planning, establishment, construction, and maintenance.
35.77.030 Agreements with county for planning, establishment, construction, and maintenance—County may use road
fund—Payments by city—Contracts, bids.
35.77.040 Agreements with county for planning, establishment, construction, and maintenance—Act is additional and concurrent method.
Bicycle awareness program: RCW 43.43.390.
Bicycle transportation management program: RCW 47.04.190.
Local adopt-a-highway programs: RCW 47.40.105.
Pavement marking standards: RCW 47.36.280.
Planning commissions: Chapter 35.63 RCW.
State highways in urban areas, allocation of funds, planning, bond issue,
etc.: Chapter 47.26 RCW.
Urban arterials, planning, construction by cities and counties, transportation improvement board, bond issue, etc.: Chapter 47.26 RCW.
[Title 35 RCW—page 245]
35.77.010
Title 35 RCW: Cities and Towns
35.77.010 Perpetual advanced six-year plans for
coordinated transportation program expenditures—
Nonmotorized transportation—Railroad right-of-way. (1)
The legislative body of each city and town, pursuant to one
or more public hearings thereon, shall prepare and adopt a
comprehensive transportation program for the ensuing six
calendar years. If the city or town has adopted a comprehensive plan pursuant to chapter 35.63 or 35A.63 RCW, the
inherent authority of a first class city derived from its
charter, or chapter 36.70A RCW, the program shall be
consistent with this comprehensive plan.
The program shall be filed with the secretary of transportation not more than thirty days after its adoption.
Annually thereafter the legislative body of each city and
town shall review the work accomplished under the program
and determine current city transportation needs. Based on
these findings each such legislative body shall prepare and
after public hearings thereon adopt a revised and extended
comprehensive transportation program before July 1st of
each year, and each one-year extension and revision shall be
filed with the secretary of transportation not more than thirty
days after its adoption. The purpose of this section is to
assure that each city and town shall perpetually have
available advanced plans looking to the future for not less
than six years as a guide in carrying out a coordinated
transportation program. The program may at any time be
revised by a majority of the legislative body of a city or
town, but only after a public hearing.
The six-year plan for each city or town shall specifically
set forth those projects and programs of regional significance
for inclusion in the transportation improvement program
within that region.
(2) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this
section shall contain information as to how a city or town
will expend its moneys, including funds made available
pursuant to chapter 47.30 RCW, for nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this
section shall contain information as to how a city or town
shall act to preserve railroad right-of-way in the event the
railroad ceases to operate in the city’s or town’s jurisdiction.
[1994 c 179 § 1; 1994 c 158 § 7; 1990 1st ex.s. c 17 § 59;
1988 c 167 § 6; 1984 c 7 § 23; 1977 ex.s. c 317 § 7; 1975
1st ex.s. c 215 § 1; 1967 ex.s. c 83 § 27; 1965 c 7 §
35.77.010. Prior: 1961 c 195 § 2.]
Reviser’s note: This section was amended by 1994 c 158 § 7 and by
1994 c 179 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Captions not law—Severability—Effective date—1994 c 158: See
RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
[Title 35 RCW—page 246]
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Long-range arterial construction planning, counties and cities to prepare
data: RCW 47.26.170.
Perpetual advanced six-year plans for coordinated transportation program:
RCW 36.81.121.
Transportation improvement board: Chapter 47.26 RCW.
35.77.015 Provisions for bicycle paths, lanes, routes,
roadways and improvements to be included in annual
revision or extension of comprehensive street programs—
Exception. The annual revision and extension of comprehensive street programs pursuant to RCW 35.77.010 shall
include consideration of and, wherever reasonably practicable, provisions for bicycle routes: PROVIDED, That no
provision need be made for any such route where the cost of
establishing it would be excessively disproportionate to the
need or probable use. [1974 ex.s. c 141 § 11.]
35.77.020 Agreements with county for planning,
establishment, construction, and maintenance. Any city
or town may enter into an agreement with the county in
which it is located authorizing the county to perform all or
any part of the construction, repair, and maintenance of
streets in such city or town at such cost as shall be mutually
agreed upon. The agreement shall be approved by ordinance
of the governing body of the city or town and by resolution
of the board of county commissioners.
Any such agreement may include, but shall not be
limited to the following:
(1) A provision that the county shall perform all or a
specified part of the construction, repair, or maintenance of
the city or town streets and bridges to the same standards
provided by the county in unincorporated areas, or to
increased standards as shall be specified which may include
construction, repair, or maintenance of drainage facilities
including storm sewers, sidewalks and curbings, street
lighting, and traffic control devices.
(2) A provision that the county may provide engineering
and administrative services necessary for the planning,
establishment, construction, and maintenance of the streets
of the city or town, including engineering and clerical
services necessary for the establishment of local improvement districts. In providing such services the county
engineer may exercise all the powers and perform all the
duties vested by law or by ordinance in the city or town
engineer or other officer or department charged with street
administration.
(3) A provision that the city or town shall enact ordinances for the administration, establishment, construction,
repair, maintenance, regulation, and protection of its streets
as may be necessary to authorize the county to lawfully
carry out the terms of the agreement. [1965 c 7 § 35.77.020.
Prior: 1961 c 245 § 1.]
35.77.030 Agreements with county for planning,
establishment, construction, and maintenance—County
may use road fund—Payments by city—Contracts, bids.
Pursuant to an agreement authorized by RCW 35.77.020, the
board of county commissioners may expend funds from the
county road fund for the construction, repair, and maintenance of the streets of such city or town and for engineering
(2002 Ed.)
Streets—Planning, Establishment, Construction, and Maintenance
and administrative services. Payments by a city or town
under such an agreement shall be made to the county
treasurer and by him deposited in the county road fund.
Such construction, repair, maintenance, and engineering
service shall be ordered by resolution and proceedings
conducted in respect thereto in the same manner as provided
for the construction, repair, and maintenance of county roads
by counties, and for the preparation of maps, plans and
specifications, advertising and award of contracts therefor:
PROVIDED, That except in case of emergency all construction work performed by a county on city streets pursuant to
RCW 35.77.020 through 35.77.040, which exceeds ten
thousand dollars, shall be done by contract, unless after
advertisement and solicitation of competitive bids it appears
that bids are unobtainable or that the lowest bid exceeds the
amount for which such construction can be done by means
other than contract. No street construction project shall be
divided into lesser component parts for the purpose of
avoiding the requirements for competitive bidding. [1965 c
7 § 35.77.030. Prior: 1961 c 245 § 2.]
35.77.040 Agreements with county for planning,
establishment, construction, and maintenance—Act is
additional and concurrent method. RCW 35.77.020
through 35.77.040 shall not repeal, amend, or modify any
law providing for joint or cooperative agreements between
cities and counties with respect to city streets, but shall be
held to be an additional and concurrent method providing for
such purpose. [1965 c 7 § 35.77.040. Prior: 1961 c 245 §
3.]
Chapter 35.78
STREETS—CLASSIFICATION AND
DESIGN STANDARDS
Sections
35.78.010
35.78.020
35.78.030
35.78.040
Classification of streets.
State design standards—Committee—Membership.
Committee to adopt uniform design standards.
Design standards must be followed by municipalities—
Approval of deviations.
City and town streets as part of state highways: Chapter 47.24 RCW.
Design standards committee for county roads: Chapter 43.32 RCW, RCW
36.86.070, 36.86.080.
35.78.010 Classification of streets. The governing
body of each municipal corporation shall classify and
designate city streets as follows:
Major arterials, which are defined as transportation
arteries which connect the focal points of traffic interest
within a city; arteries which provide communications with
other communities and the outlying areas; or arteries which
have relatively high traffic volume compared with other
streets within the city;
Secondary arterials, which are defined as routes which
serve lesser points of traffic interest within a city; provide
communication with outlying districts in the same degree or
serve to collect and distribute traffic from the major arterials
to the local streets;
Access streets, which are defined as land service streets
and are generally limited to providing access to abutting
(2002 Ed.)
35.77.030
property. They are tributary to the major and secondary
thoroughfares and generally discourage through traffic.
[1965 c 7 § 35.78.010. Prior: 1949 c 164 § 1; Rem. Supp.
1949 § 9300-1.]
35.78.020 State design standards—Committee—
Membership. There is created a state design standards
committee of seven members, six of whom shall be appointed by the executive committee of the Association of Washington Cities to hold office at its pleasure and the seventh to
be the state aid engineer. The members to be appointed by
the executive committee of the Association of Washington
Cities shall be restricted to the membership of the association or to those holding office and/or performing the function
of chief engineer in any of the several municipalities in the
state. [1984 c 7 § 24; 1965 c 7 § 35.78.020. Prior: 1949
c 164 § 2; Rem. Supp. 1949 § 9300-2.]
Severability—1984 c 7: See note following RCW 47.01.141.
35.78.030 Committee to adopt uniform design
standards. The design standards committee shall from time
to time adopt uniform design standards for major arterial and
secondary arterial streets. [1965 c 7 § 35.78.030. Prior:
1949 c 164 § 3; Rem. Supp. 1949 § 9300-3.]
35.78.040 Design standards must be followed by
municipalities—Approval of deviations. The governing
body of the several municipalities shall apply the uniform
design standards adopted under RCW 35.78.030 to all new
construction on major arterial and secondary arterial streets
and to reconstruction of old such streets as far as practicable.
No deviation from the design standards as to such streets
may be made without approval of the state aid engineer.
[1984 c 7 § 25; 1965 c 7 § 35.78.040. Prior: 1949 c 164 §
4; Rem. Supp. 1949 § 9300-4.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 35.79
STREETS—VACATION
Sections
35.79.010
35.79.020
35.79.030
35.79.035
35.79.040
35.79.050
Petition by owners—Fixing time for hearing.
Notice of hearing—Objections prior to hearing.
Hearing—Ordinance of vacation.
Limitations on vacations of streets abutting bodies of water—Procedure.
Title to vacated street or alley.
Vested rights not affected.
35.79.010 Petition by owners—Fixing time for
hearing. The owners of an interest in any real estate
abutting upon any street or alley who may desire to vacate
the street or alley, or any part thereof, may petition the
legislative authority to make vacation, giving a description
of the property to be vacated, or the legislative authority may
itself initiate by resolution such vacation procedure. The
petition or resolution shall be filed with the city or town
clerk, and, if the petition is signed by the owners of more
than two-thirds of the property abutting upon the part of
such street or alley sought to be vacated, legislative authority
by resolution shall fix a time when the petition will be heard
[Title 35 RCW—page 247]
35.79.010
Title 35 RCW: Cities and Towns
and determined by such authority or a committee thereof,
which time shall not be more than sixty days nor less than
twenty days after the date of the passage of such resolution.
[1965 c 7 § 35.79.010. Prior: 1957 c 156 § 2; 1901 c 84 §
1, part; RRS § 9297, part.]
35.79.020 Notice of hearing—Objections prior to
hearing. Upon the passage of the resolution the city or
town clerk shall give twenty days’ notice of the pendency of
the petition by a written notice posted in three of the most
public places in the city or town and a like notice in a
conspicuous place on the street or alley sought to be vacated.
The said notice shall contain a statement that a petition has
been filed to vacate the street or alley described in the
notice, together with a statement of the time and place fixed
for the hearing of the petition. In all cases where the
proceeding is initiated by resolution of the city or town
council or similar legislative authority without a petition
having been signed by the owners of more than two-thirds
of the property abutting upon the part of the street or alley
sought to be vacated, in addition to the notice hereinabove
required, there shall be given by mail at least fifteen days
before the date fixed for the hearing, a similar notice to the
owners or reputed owners of all lots, tracts or parcels of land
or other property abutting upon any street or alley or any
part thereof sought to be vacated, as shown on the rolls of
the county treasurer, directed to the address thereon shown:
PROVIDED, That if fifty percent of the abutting property
owners file written objection to the proposed vacation with
the clerk, prior to the time of hearing, the city shall be
prohibited from proceeding with the resolution. [1965 c 7
§ 35.79.020. Prior: 1957 c 156 § 3; 1901 c 84 § 1, part;
RRS § 9297, part.]
35.79.030 Hearing—Ordinance of vacation. The
hearing on such petition may be held before the legislative
authority, or before a committee thereof upon the date fixed
by resolution or at the time said hearing may be adjourned
to. If the hearing is before such a committee the same shall,
following the hearing, report its recommendation on the
petition to the legislative authority which may adopt or reject
the recommendation. If such hearing be held before such a
committee it shall not be necessary to hold a hearing on the
petition before such legislative authority. If the legislative
authority determines to grant said petition or any part
thereof, such city or town shall be authorized and have
authority by ordinance to vacate such street, or alley, or any
part thereof, and the ordinance may provide that it shall not
become effective until the owners of property abutting upon
the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed
one-half the appraised value of the area so vacated. If the
street or alley has been part of a dedicated public right-ofway for twenty-five years or more, or if the subject property
or portions thereof were acquired at public expense, the city
or town may require the owners of the property abutting the
street or alley to compensate the city or town in an amount
that does not exceed the full appraised value of the area
vacated. The ordinance may provide that the city retain an
easement or the right to exercise and grant easements in
respect to the vacated land for the construction, repair, and
[Title 35 RCW—page 248]
maintenance of public utilities and services. A certified copy
of such ordinance shall be recorded by the clerk of the
legislative authority and in the office of the auditor of the
county in which the vacated land is located. One-half of the
revenue received by the city or town as compensation for the
area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open
space or transportation capital projects within the city or
town. [2002 c 55 § 1; 2001 c 202 § 1; 1987 c 228 § 1;
1985 c 254 § 1; 1969 c 28 § 4. Prior: 1967 ex.s. c 129 §
1; 1967 c 123 § 1; 1965 c 7 § 35.79.030; prior: 1957 c 156
§ 4; 1949 c 14 § 1; 1901 c 84 § 2; Rem. Supp. 1949 §
9298.]
35.79.035 Limitations on vacations of streets
abutting bodies of water—Procedure. (1) A city or town
shall not vacate a street or alley if any portion of the street
or alley abuts a body of fresh or salt water unless:
(a) The vacation is sought to enable the city or town to
acquire the property for port purposes, beach or water access
purposes, boat moorage or launching sites, park, public view,
recreation, or educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative
authority, declares that the street or alley is not presently
being used as a street or alley and that the street or alley is
not suitable for any of the following purposes: Port, beach
or water access, boat moorage, launching sites, park, public
view, recreation, or education; or
(c) The vacation is sought to enable a city or town to
implement a plan, adopted by resolution or ordinance, that
provides comparable or improved public access to the same
shoreline area to which the streets or alleys sought to be
vacated abut, had the properties included in the plan not
been vacated.
(2) Before adopting a resolution vacating a street or
alley under subsection (1)(b) of this section, the city or town
shall:
(a) Compile an inventory of all rights of way within the
city or town that abut the same body of water that is abutted
by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to
be vacated is suitable for use by the city or town for any of
the following purposes: Port, boat moorage, launching sites,
beach or water access, park, public view, recreation, or
education;
(c) Hold a public hearing on the proposed vacation in
the manner required by this chapter, where in addition to the
normal requirements for publishing notice, notice of the
public hearing is posted conspicuously on the street or alley
sought to be vacated, which posted notice indicates that the
area is public access, it is proposed to be vacated, and that
anyone objecting to the proposed vacation should attend the
public hearing or send a letter to a particular official indicating his or her objection; and
(d) Make a finding that the street or alley sought to be
vacated is not suitable for any of the purposes listed under
(b) of this subsection, and that the vacation is in the public
interest.
(3) No vacation shall be effective until the fair market
value has been paid for the street or alley that is vacated.
Moneys received from the vacation may be used by the city
(2002 Ed.)
Streets—Vacation
or town only for acquiring additional beach or water access,
acquiring additional public view sites to a body of water, or
acquiring additional moorage or launching sites. [1987 c
228 § 2.]
35.79.040 Title to vacated street or alley. If any
street or alley in any city or town is vacated by the city or
town council, the property within the limits so vacated shall
belong to the abutting property owners, one-half to each.
[1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.]
35.79.050 Vested rights not affected. No vested
rights shall be affected by the provisions of this chapter.
[1965 c 7 § 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.]
Chapter 35.80
UNFIT DWELLINGS, BUILDINGS,
AND STRUCTURES
Sections
35.80.010
35.80.020
35.80.030
35.80.040
Declaration of purpose.
Definitions.
Permissible ordinances—Appeal.
Discrimination prohibited.
35.80.010 Declaration of purpose. It is hereby found
that there exist, in the various municipalities and counties of
the state, dwellings which are unfit for human habitation,
and buildings, structures, and premises or portions thereof
which are unfit for other uses due to dilapidation, disrepair,
structural defects, defects increasing the hazards of fire,
accidents, or other calamities, inadequate ventilation and
uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions
which are inimical to the health and welfare of the residents
of such municipalities and counties.
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for
which public money may be expended, and that the necessity
of the public interest for the enactment of this law is hereby
declared to be a matter of local legislative determination.
[1989 c 133 § 1; 1969 ex.s. c 127 § 1; 1967 c 111 § 1; 1965
c 7 § 35.80.010. Prior: 1959 c 82 § 1.]
35.80.020 Definitions. The following terms, however
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is clearly indicated by
the context:
(1) "Board" shall mean the improvement board as
provided for in RCW 35.80.030(1)(a);
(2) "Local governing body" shall mean the council,
board, commission, or other legislative body charged with
governing the municipality or county;
(3) "Municipality" shall mean any city, town or county
in the state;
(4) "Public officer" shall mean any officer who is in
charge of any department or branch of the government of the
municipality or county relating to health, fire, building
regulation, or other activities concerning dwellings, buildings, structures, or premises in the municipality or county.
(2002 Ed.)
35.79.035
[1989 c 133 § 2; 1969 ex.s. c 127 § 2; 1967 c 111 § 2; 1965
c 7 § 35.80.020. Prior: 1959 c 82 § 2.]
35.80.030 Permissible ordinances—Appeal. (1)
Whenever the local governing body of a municipality finds
that one or more conditions of the character described in
RCW 35.80.010 exist within its territorial limits, said
governing body may adopt ordinances relating to such
dwellings, buildings, structures, or premises. Such ordinances may provide for the following:
(a) That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such
board or officer by the ordinance as specified herein. Said
board or officer may be an existing municipal board or
officer in the municipality, or may be a separate board or
officer appointed solely for the purpose of exercising the
powers assigned by said ordinance.
If a board is created, the ordinance shall specify the
terms, method of appointment, and type of membership of
said board, which may be limited, if the local governing
body chooses, to public officers as herein defined.
(b) If a board is created, a public officer, other than a
member of the improvement board, may be designated to
work with the board and carry out the duties and exercise
the powers assigned to said public officer by the ordinance.
(c) That if, after a preliminary investigation of any
dwelling, building, structure, or premises, the board or
officer finds that it is unfit for human habitation or other
use, he shall cause to be served either personally or by
certified mail, with return receipt requested, upon all persons
having any interest therein, as shown upon the records of the
auditor’s office of the county in which such property is
located, and shall post in a conspicuous place on such
property, a complaint stating in what respects such dwelling,
building, structure, or premises is unfit for human habitation
or other use. If the whereabouts of any of such persons is
unknown and the same cannot be ascertained by the board
or officer in the exercise of reasonable diligence, and the
board or officer makes an affidavit to that effect, then the
serving of such complaint or order upon such persons may
be made either by personal service or by mailing a copy of
the complaint and order by certified mail, postage prepaid,
return receipt requested, to each such person at the address
of the building involved in the proceedings, and mailing a
copy of the complaint and order by first class mail to any
address of each such person in the records of the county
assessor or the county auditor for the county where the
property is located. Such complaint shall contain a notice
that a hearing will be held before the board or officer, at a
place therein fixed, not less than ten days nor more than
thirty days after the serving of said complaint; and that all
parties in interest shall be given the right to file an answer
to the complaint, to appear in person, or otherwise, and to
give testimony at the time and place in the complaint. The
rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the board or officer. A
copy of such complaint shall also be filed with the auditor
of the county in which the dwelling, building, structure, or
premise [premises] is located, and such filing of the complaint or order shall have the same force and effect as other
lis pendens notices provided by law.
[Title 35 RCW—page 249]
35.80.030
Title 35 RCW: Cities and Towns
(d) That the board or officer may determine that a
dwelling, building, structure, or premises is unfit for human
habitation or other use if it finds that conditions exist in such
dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of
such dwelling, building, structure, or premises, the occupants
of neighboring dwellings, or other residents of such municipality. Such conditions may include the following, without
limitations: Defects therein increasing the hazards of fire or
accident; inadequate ventilation, light, or sanitary facilities,
dilapidation, disrepair, structural defects, uncleanliness,
overcrowding, or inadequate drainage. The ordinance shall
state reasonable and minimum standards covering such
conditions, including those contained in ordinances adopted
in accordance with subdivision (7)(a) herein, to guide the
board or the public officer and the agents and employees of
either, in determining the fitness of a dwelling for human
habitation, or building, structure, or premises for other use.
(e) That the determination of whether a dwelling,
building, structure, or premises should be repaired or
demolished, shall be based on specific stated standards on (i)
the degree of structural deterioration of the dwelling,
building, structure, or premises, or (ii) the relationship that
the estimated cost of repair bears to the value of the dwelling, building, structure, or premises, with the method of
determining this value to be specified in the ordinance.
(f) That if, after the required hearing, the board or
officer determines that the dwelling is unfit for human
habitation, or building or structure or premises is unfit for
other use, it shall state in writing its findings of fact in
support of such determination, and shall issue and cause to
be served upon the owner or party in interest thereof, as is
provided in subdivision (1)(c), and shall post in a conspicuous place on said property, an order which (i) requires the
owner or party in interest, within the time specified in the
order, to repair, alter, or improve such dwelling, building,
structure, or premises to render it fit for human habitation,
or for other use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is
deemed proper on the basis of the standards set forth as
required in subdivision (1)(e); or (ii) requires the owner or
party in interest, within the time specified in the order, to
remove or demolish such dwelling, building, structure, or
premises, if this course of action is deemed proper on the
basis of said standards. If no appeal is filed, a copy of such
order shall be filed with the auditor of the county in which
the dwelling, building, structure, or premises is located.
(g) The owner or any party in interest, within thirty days
from the date of service upon the owner and posting of an
order issued by the board under the provisions of subdivision
(c) of this subsection, may file an appeal with the appeals
commission.
The local governing body of the municipality shall
designate or establish a municipal agency to serve as the
appeals commission. The local governing body shall also
establish rules of procedure adequate to assure a prompt and
thorough review of matters submitted to the appeals commission, and such rules of procedure shall include the following,
without being limited thereto: (i) All matters submitted to
the appeals commission must be resolved by the commission
within sixty days from the date of filing therewith and (ii) a
transcript of the findings of fact of the appeals commission
[Title 35 RCW—page 250]
shall be made available to the owner or other party in
interest upon demand.
The findings and orders of the appeals commission shall
be reported in the same manner and shall bear the same legal
consequences as if issued by the board, and shall be subject
to review only in the manner and to the extent provided in
subdivision (2) of this section.
If the owner or party in interest, following exhaustion of
his rights to appeal, fails to comply with the final order to
repair, alter, improve, vacate, close, remove, or demolish the
dwelling, building, structure, or premises, the board or
officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated,
and closed, removed, or demolished.
(h) That the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal
or demolition by the board or officer, shall be assessed
against the real property upon which such cost was incurred
unless such amount is previously paid. Upon certification to
him by the treasurer of the municipality in cases arising out
of the city or town or by the county improvement board or
officer, in cases arising out of the county, of the assessment
amount being due and owing, the county treasurer shall enter
the amount of such assessment upon the tax rolls against the
property for the current year and the same shall become a
part of the general taxes for that year to be collected at the
same time and with interest at such rates and in such manner
as provided for in RCW 84.56.020, as now or hereafter
amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the municipality. If the dwelling, building, structure, or premises is
removed or demolished by the board or officer, the board or
officer shall, if possible, sell the materials of such dwelling,
building, structure, [or] premises in accordance with procedures set forth in said ordinance, and shall credit the
proceeds of such sale against the cost of the removal or
demolition and if there be any balance remaining, it shall be
paid to the parties entitled thereto, as determined by the
board or officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the
property which shall be of equal rank with state, county and
municipal taxes.
(2) Any person affected by an order issued by the
appeals commission pursuant to subdivision (1)(f) hereof
may, within thirty days after the posting and service of the
order, petition to the superior court for an injunction restraining the public officer or members of the board from carrying
out the provisions of the order. In all such proceedings the
court is authorized to affirm, reverse, or modify the order
and such trial shall be heard de novo.
(3) An ordinance adopted by the local governing body
of the municipality may authorize the board or officer to
exercise such powers as may be necessary or convenient to
carry out and effectuate the purposes and provisions of this
section. These powers shall include the following in
addition to others herein granted: (a)(i) To determine which
dwellings within the municipality are unfit for human
habitation; (ii) to determine which buildings, structures, or
premises are unfit for other use; (b) to administer oaths and
affirmations, examine witnesses and receive evidence; and
(c) to investigate the dwelling and other property conditions
in the municipality or county and to enter upon premises for
(2002 Ed.)
Unfit Dwellings, Buildings, and Structures
the purpose of making examinations when the board or
officer has reasonable ground for believing they are unfit for
human habitation, or for other use: PROVIDED, That such
entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession, and to
obtain an order for this purpose after submitting evidence in
support of an application which is adequate to justify such
an order from a court of competent jurisdiction in the event
entry is denied or resisted.
(4) The local governing body of any municipality
adopting an ordinance pursuant to this chapter may appropriate the necessary funds to administer such ordinance.
(5) Nothing in this section shall be construed to abrogate or impair the powers of the courts or of any department
of any municipality to enforce any provisions of its charter
or its ordinances or regulations, nor to prevent or punish
violations thereof; and the powers conferred by this section
shall be in addition and supplemental to the powers conferred by any other law.
(6) Nothing in this section shall be construed to impair
or limit in any way the power of the municipality to define
and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(7) Any municipality may (by ordinance adopted by its
governing body) (a) prescribe minimum standards for the use
and occupancy of dwellings throughout the municipality, or
county, (b) prescribe minimum standards for the use or
occupancy of any building, structure, or premises used for
any other purpose, (c) prevent the use or occupancy of any
dwelling, building, structure, or premises, which is injurious
to the public health, safety, morals, or welfare, and (d)
prescribe punishment for the violation of any provision of
such ordinance. [1989 c 133 § 3; 1984 c 213 § 1; 1973 1st
ex.s. c 144 § 1; 1969 ex.s. c 127 § 3; 1967 c 111 § 3; 1965
c 7 § 35.80.030. Prior: 1959 c 82 § 3.]
35.80.040 Discrimination prohibited. For all the
purposes of this chapter and the ordinances adopted as
provided herein, no person shall, because of race, creed,
color, or national origin, be subjected to any discrimination.
[1965 c 7 § 35.80.040. Prior: 1959 c 82 § 4.]
Discrimination—Human rights commission: Chapter 49.60 RCW.
Chapter 35.80A
CONDEMNATION OF BLIGHTED PROPERTY
Sections
35.80A.010
35.80A.020
35.80A.030
35.80A.040
35.80A.900
Condemnation of blighted property.
Transfer of blighted property acquired by condemnation.
Disposition of blighted property—Procedures.
Authority to enter blighted buildings or property—
Acceptance of financial assistance.
Severability—1989 c 271.
35.80A.010 Condemnation of blighted property.
Every county, city, and town may acquire by condemnation,
in accordance with the notice requirements and other
procedures for condemnation provided in Title 8 RCW, any
property, dwelling, building, or structure which constitutes a
blight on the surrounding neighborhood. A "blight on the
surrounding neighborhood" is any property, dwelling,
(2002 Ed.)
35.80.030
building, or structure that meets any two of the following
factors: (1) If a dwelling, building, or structure exists on the
property, the dwelling, building, or structure has not been
lawfully occupied for a period of one year or more; (2) the
property, dwelling, building, or structure constitutes a threat
to the public health, safety, or welfare as determined by the
executive authority of the county, city, or town, or the
designee of the executive authority; or (3) the property,
dwelling, building, or structure is or has been associated with
illegal drug activity during the previous twelve months.
Prior to such condemnation, the local governing body shall
adopt a resolution declaring that the acquisition of the real
property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter
is declared to be for a public use. [1994 c 175 § 1; 1989 c
271 § 239.]
35.80A.020 Transfer of blighted property acquired
by condemnation. Counties, cities, and towns may sell,
lease, or otherwise transfer real property acquired pursuant
to this chapter for residential, recreational, commercial,
industrial, or other uses or for public use, subject to such
covenants, conditions, and restrictions, including covenants
running with the land, as the county, city, or town deems to
be necessary or desirable to rehabilitate and preserve the
dwelling, building, or structure in a habitable condition. The
purchasers or lessees and their successors and assigns shall
be obligated to comply with such other requirements as the
county, city, or town may determine to be in the public
interest, including the obligation to begin, within a reasonable time, any improvements on such property required to
make the dwelling, building, or structure habitable. Such
real property or interest shall be sold, leased, or otherwise
transferred, at not less than its fair market value. In determining the fair market value of real property for uses in
accordance with this section, a municipality shall take into
account and give consideration to, the restrictions upon and
the covenants, conditions, and obligations assumed by the
purchaser or lessee. [1989 c 271 § 240.]
35.80A.030 Disposition of blighted property—
Procedures. A county, city, or town may dispose of real
property acquired pursuant to this section to private persons
only under such reasonable, competitive procedures as it
shall prescribe. The county, city, or town may accept such
proposals as it deems to be in the public interest and in
furtherance of the purposes of this chapter. Thereafter, the
county, city, or town may execute and deliver contracts,
deeds, leases, and other instruments of transfer. [1989 c 271
§ 241.]
35.80A.040 Authority to enter blighted buildings or
property—Acceptance of financial assistance. Every
county, city, or town may, in addition to any other authority
granted by this chapter: (1) Enter upon any building or
property found to constitute a blight on the surrounding
neighborhood in order to make surveys and appraisals, and
to obtain an order for this purpose from a court of competent
jurisdiction in the event entry is denied or resisted; and (2)
borrow money, apply for, and accept, advances, loans,
[Title 35 RCW—page 251]
35.80A.040
Title 35 RCW: Cities and Towns
grants, contributions, and any other form of financial
assistance from the federal government, the state, a county,
or other public body, or from any sources, public or private,
for the purposes of this chapter, and enter into and carry out
contracts in connection herewith. [1989 c 271 § 242.]
35.80A.900 Severability—1989 c 271. See note
following RCW 9.94A.510.
Chapter 35.81
COMMUNITY RENEWAL LAW
(Formerly: Urban renewal law)
Sections
35.81.005
35.81.015
35.81.030
35.81.040
35.81.050
35.81.060
35.81.070
35.81.080
35.81.090
35.81.095
35.81.100
35.81.110
35.81.115
35.81.120
35.81.130
35.81.140
35.81.150
35.81.160
35.81.170
35.81.180
35.81.190
35.81.200
35.81.910
Declaration of purpose and necessity.
Definitions.
Encouragement of private enterprise.
Formulation of workable program.
Findings by local governing body required—Exercise of
community renewal agency powers.
Comprehensive plan—Preparation—Hearing—Approval—
Modification—Effect.
Powers of municipality.
Eminent domain.
Acquisition, disposal of real property in community renewal
area.
Selection of person to undertake redevelopment or rehabilitation of real property.
Bonds—Issuance—Form, terms, payment, etc.—Fund for
excess property tax, excise tax.
Bonds as legal investment, security.
General obligation bonds authorized.
Property of municipality exempt from process and taxes.
Powers of public bodies.
Conveyance to purchaser, etc., presumed to be in compliance with chapter.
Exercise of community renewal project powers.
Exercise of community renewal project powers—
Assignment of powers—Community renewal agency.
Discrimination prohibited.
Restrictions against public officials or employees acquiring
or owning an interest in project, contract, etc.
Local improvement districts—Establishment—Special assessments—Bonds.
Local improvement districts—Content of notice.
Short title.
35.81.005 Declaration of purpose and necessity. It
is hereby found and declared that blighted areas which
constitute a serious and growing menace, injurious to the
public health, safety, morals and welfare of the residents of
the state exist in municipalities of the state; that the existence of such areas contributes substantially and increasingly
to the spread of disease and crime and depreciation of
property values, constitutes an economic and social liability,
substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations,
hinders job creation and economic growth, aggravates traffic
problems and substantially impairs or arrests the elimination
of traffic hazards and the improvement of traffic facilities;
and that the prevention and elimination of such areas is a
matter of state policy and state concern in order that the state
and its municipalities shall not continue to be endangered by
areas which are focal centers of disease, promote juvenile
delinquency, are conducive to fires, are difficult to police
and to provide police protection for, and, while contributing
[Title 35 RCW—page 252]
little to the tax income of the state and its municipalities,
consume an excessive proportion of its revenues because of
the extra services required for police, fire, accident, hospitalization and other forms of public protection, services, and
facilities.
It is further found and declared that certain of such
areas, or portions thereof, may require acquisition, clearance,
and disposition subject to use restrictions, as provided in this
chapter, since the prevailing condition of decay may make
impracticable the reclamation of the area by rehabilitation;
that other areas or portions thereof may, through the means
provided in this chapter, be susceptible of rehabilitation in
such a manner that the conditions and evils hereinbefore
enumerated may be eliminated, remedied or prevented; and
that to the extent feasible salvable blighted areas should be
rehabilitated through voluntary action and the regulatory
process.
It is further found and declared that there is an urgent
need to enhance the ability of municipalities to act effectively and expeditiously to revive blighted areas and to prevent
further blight due to shocks to the economy of the state and
their actual and threatened effects on unemployment,
poverty, and the availability of private capital for businesses
and projects in the area.
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for
which public money may be expended and the power of
eminent domain exercised; and that the necessity in the
public interest for the provisions herein enacted is hereby
declared as a matter of legislative determination. [2002 c
218 § 2; 1965 c 7 § 35.81.020. Prior: 1957 c 42 § 2.
Formerly RCW 35.81.020.]
Severability—2002 c 218: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 218 § 28.]
Savings—Construction—2002 c 218: "(1) This act does not impair
any authority granted, any actions undertaken, or any liability or obligation
incurred under the sections amended in this act or under any rule, order,
plan, or project adopted under those sections, nor does it impair any
proceedings instituted under those sections.
(2) Any power granted in this act with respect to a community
renewal plan, and any process authorized for the exercise of the power, may
be used by any municipality in implementing any urban renewal plan or
project adopted under chapter 35.81 RCW, to the same extent as if the plan
were adopted as a community renewal plan.
(3) This act shall be liberally construed." [2002 c 218 § 29.]
35.81.015 Definitions. The following terms wherever
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is clearly indicated by
the context:
(1) "Agency" or "community renewal agency" means a
public agency created under RCW 35.81.160 or otherwise
authorized to serve as a community renewal agency under
this chapter.
(2) "Blighted area" means an area which, by reason of
the substantial physical dilapidation, deterioration, defective
construction, material, and arrangement and/or age or
obsolescence of buildings or improvements, whether residential or nonresidential, inadequate provision for ventilation,
light, proper sanitary facilities, or open spaces as determined
by competent appraisers on the basis of an examination of
the building standards of the municipality; inappropriate uses
(2002 Ed.)
Community Renewal Law
of land or buildings; existence of overcrowding of buildings
or structures; defective or inadequate street layout; faulty lot
layout in relation to size, adequacy, accessibility or usefulness; excessive land coverage; insanitary or unsafe conditions; deterioration of site; existence of hazardous soils,
substances, or materials; diversity of ownership; tax or
special assessment delinquency exceeding the fair value of
the land; defective or unusual conditions of title; improper
subdivision or obsolete platting; existence of persistent and
high levels of unemployment or poverty within the area; or
the existence of conditions that endanger life or property by
fire or other causes, or any combination of such factors, is
conducive to ill health, transmission of disease, infant
mortality, juvenile delinquency or crime; substantially
impairs or arrests the sound growth of the municipality or its
environs, or retards the provision of housing accommodations; constitutes an economic or social liability; and/or is
detrimental, or constitutes a menace, to the public health,
safety, welfare, or morals in its present condition and use.
(3) "Bonds" means any bonds, notes, or debentures
(including refunding obligations) herein authorized to be
issued.
(4) "Clerk" means the clerk or other official of the
municipality who is the custodian of the official records of
such municipality.
(5) "Community renewal area" means a blighted area
which the local governing body designates as appropriate for
a community renewal project or projects.
(6) "Community renewal plan" means a plan, as it exists
from time to time, for a community renewal project or
projects, which plan (a) shall be consistent with the comprehensive plan or parts thereof for the municipality as a whole;
(b) shall be sufficiently complete to indicate such land
acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed
to be carried out in the community renewal area; zoning and
planning changes, if any, which may include, among other
things, changes related to land uses, densities, and building
requirements; and the plan’s relationship to definite local
objectives respecting appropriate land uses, improved traffic,
public transportation, public utilities, recreational and
community facilities, and other public improvements; (c)
shall address the need for replacement housing, within the
municipality, where existing housing is lost as a result of the
community renewal project undertaken by the municipality
under this chapter; and (d) may include a plan to address any
persistent high levels of unemployment or poverty in the
community renewal area.
(7) "Community renewal project" includes one or more
undertakings or activities of a municipality in a community
renewal area: (a) For the elimination and the prevention of
the development or spread of blight; (b) for encouraging
economic growth through job creation or retention; (c) for
redevelopment or rehabilitation in a community renewal
area; or (d) any combination or part thereof in accordance
with a community renewal plan.
(8) "Federal government" includes the United States of
America or any agency or instrumentality, corporate or
otherwise, of the United States of America.
(9) "Local governing body" means the council or other
legislative body charged with governing the municipality.
(2002 Ed.)
35.81.015
(10) "Mayor" means the chief executive of a city or
town, or the elected executive, if any, of any county operating under a charter, or the county legislative authority of any
other county.
(11) "Municipality" means any incorporated city or
town, or any county, in the state.
(12) "Obligee" includes any bondholder, agent, or
trustees for any bondholders, any lessor demising to the
municipality property used in connection with a community
renewal project, or any assignee or assignees of such lessor’s
interest or any part thereof, and the federal government when
it is a party to any contract with the municipality.
(13) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or
school district; and shall include any trustee, receiver,
assignee, or other person acting in a similar representative
capacity.
(14) "Persons of low income" means an individual with
an annual income, at the time of hiring or at the time
assistance is provided under this chapter, that does not
exceed the higher of either: (a) Eighty percent of the
statewide median family income, adjusted for family size; or
(b) eighty percent of the median family income for the
county or standard metropolitan statistical area, adjusted for
family size, where the community renewal area is located.
(15) "Public body" means the state or any municipality,
board, commission, district, or any other subdivision or
public body of the state or of a municipality.
(16) "Public officer" means any officer who is in charge
of any department or branch of the government of the
municipality relating to health, fire, building regulations, or
to other activities concerning dwellings in the municipality.
(17) "Real property" includes all lands, including
improvements and fixtures thereon, and property of any
nature appurtenant thereto, or used in connection therewith,
and every estate, interest, right and use, legal or equitable,
therein, including terms for years and liens by way of
judgment, mortgage or otherwise.
(18) "Redevelopment" includes (a) acquisition of a
blighted area or portion thereof; (b) demolition and removal
of buildings and improvements; (c) installation, construction
or reconstruction of streets, utilities, parks, playgrounds, and
other improvements necessary for carrying out in the area
the community renewal provisions of this chapter in accordance with the community renewal plan; (d) making the land
available for development or redevelopment by private
enterprise or public bodies (including sale, initial leasing, or
retention by the municipality itself) at its fair value for uses
in accordance with the community renewal plan; and (e)
making loans or grants to a person or public body for the
purpose of creating or retaining jobs, a substantial portion of
which, as determined by the municipality, shall be for
persons of low income.
(19) "Rehabilitation" includes the restoration and
renewal of a blighted area or portion thereof, in accordance
with a community renewal plan, by (a) carrying out plans for
a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (b) acquisition of
real property and demolition or removal of buildings and
improvements thereon where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density,
reduce traffic hazards, eliminate obsolete or other uses
[Title 35 RCW—page 253]
35.81.015
Title 35 RCW: Cities and Towns
detrimental to the public welfare, or otherwise to remove or
prevent the spread of blight or deterioration, or to provide
land for needed public facilities; (c) installation, construction
or reconstruction of streets, utilities, parks, playgrounds, and
other improvements necessary for carrying out in the area
the community renewal provisions of this chapter; and (d)
the disposition of any property acquired in such community
renewal area for uses in accordance with such community
renewal plan. [2002 c 218 § 1; 1991 c 363 § 41; 1975 c 3
§ 1; 1971 ex.s. c 177 § 6; 1965 c 7 § 35.81.010. Prior:
1957 c 42 § 1. Formerly RCW 35.81.010.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.81.030 Encouragement of private enterprise. A
municipality, to the greatest extent it determines to be
feasible in carrying out the provisions of this chapter, shall
afford maximum opportunity, consistent with the needs of
the municipality as a whole, to the rehabilitation or redevelopment of the community renewal area by private enterprise.
A municipality shall give consideration to this objective in
exercising its powers under this chapter, including the
formulation of a workable program, the approval of community renewal plans (consistent with the comprehensive plan
or parts thereof for the municipality), the exercise of its
zoning powers, the enforcement of other laws, codes and
regulations relating to the use of land and the use and
occupancy of buildings and improvements, the disposition of
any property acquired, and the provision of necessary public
improvements. [2002 c 218 § 3; 1965 c 7 § 35.81.030.
Prior: 1957 c 42 § 3.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.040 Formulation of workable program. A
municipality for the purposes of this chapter may formulate
a workable program for using appropriate private and public
resources to eliminate, and prevent the development or
spread of, blighted areas, to encourage needed community
rehabilitation, to provide for the redevelopment of such
areas, or to undertake the activities, or other feasible municipal activities as may be suitably employed to achieve the
objectives of the workable program. The workable program
may include, without limitation, provision for: The prevention of the spread of blight into areas of the municipality
which are free from blight through diligent enforcement of
housing, zoning, and occupancy controls and standards; the
rehabilitation of blighted areas or portions thereof by
replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging
voluntary rehabilitation and by compelling the repair and
rehabilitation of deteriorated or deteriorating structures; the
replacement of housing that is lost as a result of community
renewal activities within a community renewal area; the
clearance and redevelopment of blighted areas or portions
thereof; and the reduction of unemployment and poverty
within the community renewal area by providing financial or
technical assistance to a person or public body that is used
to create or retain jobs, a substantial portion of which, as
determined by the municipality, shall be for persons of low
[Title 35 RCW—page 254]
income. [2002 c 218 § 4; 1965 c 7 § 35.81.040. Prior:
1957 c 42 § 4.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.050 Findings by local governing body required—Exercise of community renewal agency powers.
(1) No municipality shall exercise any of the powers
hereafter conferred upon municipalities by this chapter until
after its local governing body shall have adopted an ordinance or resolution finding that: (a) One or more blighted
areas exist in such municipality; and (b) the rehabilitation,
redevelopment, or a combination thereof, of such area or
areas is necessary in the interest of the public health, safety,
morals, or welfare of the residents of such municipality.
(2) After adoption of the ordinance or resolution making
the findings described in subsection (1) of this section, the
local governing body of the municipality may elect to have
the powers of a community renewal agency under this
chapter exercised in one of the following ways:
(a) By appointing a board or commission composed of
not less than five members, which board or commission shall
include municipal officials and elected officials, selected by
the mayor, with approval of the local governing body of the
municipality; or
(b) By the local governing body of the municipality
directly; or
(c) By the board of a public corporation, commission,
or authority under chapter 35.21 RCW, or a public facilities
district created under chapter 35.57 or 36.100 RCW, or a
public port district created under chapter 53.04 RCW, or a
housing authority created under chapter 35.82 RCW, that is
authorized to conduct activities as a community renewal
agency under this chapter. [2002 c 218 § 5; 1965 c 7 §
35.81.050. Prior: 1957 c 42 § 5.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.060 Comprehensive plan—Preparation—
Hearing—Approval—Modification—Effect. (1) A
municipality shall not approve a community renewal project
for a community renewal area unless the local governing
body has, by ordinance or resolution, determined such an
area to be a blighted area and designated the area as appropriate for a community renewal project. The local governing
body shall not approve a community renewal plan until a
comprehensive plan or parts of the plan for an area which
would include a community renewal area for the municipality have been prepared as provided in chapter 36.70A RCW.
For municipalities not subject to the planning requirements
of chapter 36.70A RCW, any proposed comprehensive plan
must be consistent with a local comprehensive plan adopted
under chapter 35.63 or 36.70 RCW, or any other applicable
law. A municipality shall not acquire real property for a
community renewal project unless the local governing body
has approved the community renewal project plan in accordance with subsection (4) of this section.
(2) The municipality may itself prepare or cause to be
prepared a community renewal plan, or any person or
agency, public or private, may submit such a plan to the
municipality. Prior to its approval of a community renewal
(2002 Ed.)
Community Renewal Law
project, the local governing body shall review and determine
the conformity of the community renewal plan with the
comprehensive plan or parts thereof for the development of
the municipality as a whole. If the community renewal plan
is not consistent with the existing comprehensive plan, the
local governing body may amend its comprehensive plan or
community renewal plan.
(3) Prior to adoption, the local governing body shall
hold a public hearing on a community renewal plan after
providing public notice. The notice shall be given by
publication once each week for two consecutive weeks not
less than ten nor more than thirty days prior to the date of
the hearing in a newspaper having a general circulation in
the community renewal area of the municipality and by
mailing a notice of the hearing not less than ten days prior
to the date of the hearing to the persons whose names appear
on the county treasurer’s tax roll as the owner or reputed
owner of the property, at the address shown on the tax roll.
The notice shall describe the time, date, place, and purpose
of the hearing, shall generally identify the community
renewal area affected, and shall outline the general scope of
the community renewal plan under consideration.
(4) Following the hearing, the local governing body may
approve a community renewal project if it finds that (a) a
feasible plan exists for making available adequate housing
for the residents who may be displaced by the project; (b)
the community renewal plan conforms to the comprehensive
plan for the municipality; (c) the community renewal plan
will afford maximum opportunity, consistent with the needs
of the municipality, for the rehabilitation or redevelopment
of the community renewal area by private enterprise; (d) a
sound and adequate financial program exists for the financing of the project; and (e) the community renewal project
area is a blighted area as defined in RCW 35.81.015(2).
(5) A community renewal project plan may be modified
at any time by the local governing body. However, if
modified after the lease or sale by the municipality of real
property in the community renewal project area, the modification shall be subject to the rights at law or in equity as a
lessee or purchaser, or the successor or successors in interest
may be entitled to assert.
(6) Unless otherwise expressly stated in an ordinance or
resolution of the governing body of the municipality, a
community renewal plan shall not be considered a subarea
plan or part of a comprehensive plan for purposes of chapter
36.70A RCW. However, a municipality that has adopted a
comprehensive plan under chapter 36.70A RCW may adopt
all or part of a community renewal plan at any time as a
new or amended subarea plan, whether or not any subarea
plan has previously been adopted for all or part of the
community renewal area. Any community renewal plan so
adopted, unless otherwise determined by the growth management hearings board with jurisdiction under a timely appeal
in RCW 36.70A.280, shall be conclusively presumed to
comply with the requirements in this chapter for consistency
with the comprehensive plan. [2002 c 218 § 6; 1965 c 7 §
35.81.060. Prior: 1957 c 42 § 6.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.070 Powers of municipality. Every municipality shall have all the powers necessary or convenient to carry
(2002 Ed.)
35.81.060
out and effectuate the purposes and provisions of this
chapter, including the following powers in addition to others
granted under this chapter:
(1) To undertake and carry out community renewal
projects within the municipality, to make and execute
contracts and other instruments necessary or convenient to
the exercise of its powers under this chapter, and to disseminate blight clearance and community renewal information.
(2) To provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of
services, privileges, works, streets, roads, public utilities or
other facilities for, or in connection with, a community
renewal project; to install, construct, and reconstruct streets,
utilities, parks, playgrounds, and other public improvements;
and to agree to any conditions that it may deem reasonable
and appropriate attached to federal financial assistance and
imposed pursuant to federal law relating to the determination
of prevailing salaries or wages or compliance with labor
standards, in the undertaking or carrying out of a community
renewal project, and to include in any contract let in connection with such a project, provisions to fulfill such of said
conditions as it may deem reasonable and appropriate.
(3) To provide financial or technical assistance, using
available public or private funds, to a person or public body
for the purpose of creating or retaining jobs, a substantial
portion of which, as determined by the municipality, shall be
for persons of low income.
(4) To make payments, loans, or grants to, provide
assistance to, and contract with existing or new owners and
tenants of property in the community renewal areas as
compensation for any adverse impacts, such as relocation or
interruption of business, that may be caused by the implementation of a community renewal project, and/or consideration for commitments to develop, expand, or retain land
uses that contribute to the success of the project or plan,
including without limitation businesses that will create or
retain jobs, a substantial portion of which, as determined by
the municipality, shall be for persons of low income.
(5) To contract with a person or public body to provide
financial assistance, authorized under this section, to property
owners and tenants impacted by the implementation of the
community renewal plan and to provide incentives to
property owners and tenants to encourage them to locate in
the community renewal area after adoption of the community
renewal plan.
(6) Within the municipality, to enter upon any building
or property in any community renewal area, in order to make
surveys and appraisals, provided that such entries shall be
made in such a manner as to cause the least possible
inconvenience to the persons in possession, and to obtain an
order for this purpose from a court of competent jurisdiction
in the event entry is denied or resisted; to acquire by
purchase, lease, option, gift, grant, bequest, devise, eminent
domain, or otherwise, any real property and such personal
property as may be necessary for the administration of the
provisions herein contained, together with any improvements
thereon; to hold, improve, clear, or prepare for redevelopment any such property; to dispose of any real property; to
insure or provide for the insurance of any real or personal
property or operations of the municipality against any risks
or hazards, including the power to pay premiums on any
such insurance: PROVIDED, That no statutory provision
[Title 35 RCW—page 255]
35.81.070
Title 35 RCW: Cities and Towns
with respect to the acquisition, clearance, or disposition of
property by public bodies shall restrict a municipality in the
exercise of such functions with respect to a community
renewal project.
(7) To invest any community renewal project funds held
in reserves or sinking funds or any such funds which are not
required for immediate disbursement, in property or securities in which mutual savings banks may legally invest funds
subject to their control; to redeem such bonds as have been
issued pursuant to RCW 35.81.100 at the redemption price
established therein or to purchase such bonds at less than
redemption price, all such bonds so redeemed or purchased
to be canceled.
(8) To borrow money and to apply for, and accept,
advances, loans, grants, contributions and any other form of
financial assistance from the federal government, the state,
county, or other public body, or from any sources, public or
private, for the purposes of this chapter, and to enter into
and carry out contracts in connection therewith. A municipality may include in any application or contract for financial assistance with the federal government for a community
renewal project such conditions imposed pursuant to federal
laws as the municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this
chapter.
(9) Within the municipality, to make or have made all
plans necessary to the carrying out of the purposes of this
chapter and to contract with any person, public or private, in
making and carrying out such plans and to adopt or approve,
modify, and amend such plans. Such plans may include,
without limitation: (a) A comprehensive plan or parts
thereof for the locality as a whole, (b) community renewal
plans, (c) plans for carrying out a program of voluntary or
compulsory repair and rehabilitation of buildings and
improvements, (d) plans for the enforcement of state and
local laws, codes, and regulations relating to the use of land
and the use and occupancy of buildings and improvements
and to the compulsory repair, rehabilitation, demolition, or
removal of buildings and improvements, (e) appraisals, title
searches, surveys, studies, and other preliminary plans and
work necessary to prepare for the undertaking of community
renewal projects, and (f) plans to provide financial or
technical assistance to a person or public body for the
purpose of creating or retaining jobs, a substantial portion of
which, as determined by the municipality, shall be for
persons of low income. The municipality is authorized to
develop, test, and report methods and techniques, and carry
out demonstrations and other activities, for the prevention
and the elimination of blight, for job creation or retention
activities, and to apply for, accept, and utilize grants of,
funds from the federal government for such purposes.
(10) To prepare plans for the relocation of families
displaced from a community renewal area, and to coordinate
public and private agencies in such relocation, including
requesting such assistance for this purpose as is available
from other private and governmental agencies, both for the
municipality and other parties.
(11) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this
chapter, and in accordance with state law: (a) Levy taxes
and assessments for such purposes; (b) acquire land either by
negotiation or eminent domain, or both; (c) close, vacate,
[Title 35 RCW—page 256]
plan, or replan streets, roads, sidewalks, ways, or other
places; (d) plan or replan, zone or rezone any part of the
municipality; (e) adopt annual budgets for the operation of
a community renewal agency, department, or offices vested
with community renewal project powers under RCW
35.81.150; and (f) enter into agreements with such agencies
or departments (which agreements may extend over any
period) respecting action to be taken by such municipality
pursuant to any of the powers granted by this chapter.
(12) Within the municipality, to organize, coordinate,
and direct the administration of the provisions of this chapter
as they apply to such municipality in order that the objective
of remedying blighted areas and preventing the causes
thereof within such municipality may be most effectively
promoted and achieved, and to establish such new office or
offices of the municipality or to reorganize existing offices
in order to carry out such purpose most effectively.
(13) To contract with a person or public body to assist
in carrying out the purposes of this chapter.
(14) To exercise all or any part or combination of
powers herein granted. [2002 c 218 § 7; 1965 c 7 §
35.81.070. Prior: 1957 c 42 § 7.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.080 Eminent domain. A municipality shall
have the right to acquire by condemnation, in accordance
with the procedure provided for condemnation by such
municipality for other purposes, any interest in real property,
which it may deem necessary for a community renewal
project under this chapter after the adoption by the local
governing body of a resolution declaring that the acquisition
of the real property described therein is necessary for such
purpose. Condemnation for community renewal of blighted
areas is declared to be a public use, and property already
devoted to any other public use or acquired by the owner or
a predecessor in interest by eminent domain may be condemned for the purposes of this chapter.
The award of compensation for real property taken for
such a project shall not be increased by reason of any
increase in the value of the real property caused by the
assembly, clearance, or reconstruction, or proposed assembly,
clearance, or reconstruction in the project area. No allowance shall be made for the improvements begun on real
property after notice to the owner of such property of the
institution of proceedings to condemn such property.
Evidence shall be admissible bearing upon the insanitary,
unsafe, or substandard condition of the premises, or the
unlawful use thereof. [2002 c 218 § 8; 1965 c 7 §
35.81.080. Prior: 1957 c 42 § 8.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
Eminent domain by cities: Chapter 8.12 RCW.
35.81.090 Acquisition, disposal of real property in
community renewal area. (1) A municipality, with
approval of its legislative authority, may acquire real
property, or any interest therein, for the purposes of a
community renewal project (a) prior to the selection of one
or more persons interested in undertaking to redevelop or
rehabilitate the real property, or (b) after the selection of one
(2002 Ed.)
Community Renewal Law
or more persons interested in undertaking to redevelop or
rehabilitate such real property. In either case the municipality may select a redeveloper through a competitive bidding
process consistent with this section or through a process
consistent with RCW 35.81.095.
(2) A municipality, with approval of its legislative
authority, may sell, lease, or otherwise transfer real property
or any interest therein acquired by it for a community
renewal project, in a community renewal area for residential,
recreational, commercial, industrial, or other uses or for
public use, and may enter into contracts with respect thereto,
or may retain such a property or interest only for parks and
recreation, education, public utilities, public transportation,
public safety, health, highways, streets, and alleys, administrative buildings, or civic centers, in accordance with the
community renewal project plan, subject to such covenants,
conditions, and restrictions, including covenants running with
the land, as it may deem to be necessary or desirable to
assist in preventing the development or spread of blighted
areas or otherwise to carry out the purposes of this chapter.
However, such a sale, lease, other transfer, or retention, and
any agreement relating thereto, may be made only after the
approval of the community renewal plan by the local
governing body. The purchasers or lessees and their
successors and assigns shall be obligated to devote the real
property only to the uses specified in the community renewal
plan, and may be obligated to comply with any other
requirements as the municipality may determine to be in the
public interest, including the obligation to begin and complete, within a reasonable time, any improvements on the
real property required by the community renewal plan or
promised by the transferee. The real property or interest
shall be sold, leased, or otherwise transferred for the consideration the municipality determines adequate. In determining
the adequacy of consideration, a municipality may take into
account the uses permitted under the community renewal
plan; the restrictions upon, and the covenants, conditions,
and obligations assumed by, the transferee; and the public
benefits to be realized, including furthering of the objectives
of the plan for the prevention of the recurrence of blighted
areas.
(3) The municipality in any instrument of conveyance
to a private purchaser or lessee may provide that the purchaser or lessee shall be without power to sell, lease, or
otherwise transfer the real property, or to permit changes in
ownership or control of a purchaser or lessee that is not a
natural person, in each case without the prior written consent
of the municipality until the purchaser or lessee has completed the construction of all improvements that it has obligated
itself to construct thereon. The municipality may also retain
the right, upon any earlier transfer or change in ownership
or control without consent; or any failure or change in
ownership or control without consent; or any failure to
complete the improvements within the time agreed to
terminate the transferee’s interest in the property; or to retain
or collect on any deposit or instrument provided as security,
or both. The enforcement of these restrictions and remedies
is declared to be consistent with the public policy of this
state. Real property acquired by a municipality that, in
accordance with the provisions of the community renewal
plan, is to be transferred, shall be transferred as rapidly as
feasible, in the public interest, consistent with the carrying
(2002 Ed.)
35.81.090
out of the provisions of the community renewal plan. The
inclusion in any contract or conveyance to a purchaser or
lessee of any covenants, restrictions, or conditions (including
the incorporation by reference therein of the provisions of a
community renewal plan or any part thereof) shall not
prevent the recording of such a contract or conveyance in the
land records of the auditor or the county in which the city or
town is located, in a manner that affords actual or constructive notice thereof.
(4)(a)(i) A municipality may dispose of real property in
a community renewal area, acquired by the municipality
under this chapter, to any private persons only under those
reasonable competitive bidding procedures as it shall
prescribe, or by competitive bidding as provided in this
subsection, through direct negotiation where authorized under
(c) of this subsection, or by a process authorized in RCW
35.81.095.
(ii) A competitive bidding process may occur (A) prior
to the purchase of the real property by the municipality, or
(B) after the purchase of the real property by the municipality.
(b)(i) A municipality may, by public notice by publication once each week for three consecutive weeks in a
newspaper having a general circulation in the community,
prior to the execution of any contract or deed to sell, lease,
or otherwise transfer real property and prior to the delivery
of any instrument of conveyance with respect thereto under
the provisions of this section, invite bids from, and make
available all pertinent information to, private redevelopers or
any persons interested in undertaking to redevelop or
rehabilitate a community renewal area, or any part thereof.
This notice shall identify the area, or portion thereof, and
shall state that further information as is available may be
obtained at the office as shall be designated in the notice.
(ii) The municipality shall consider all responsive
redevelopment or rehabilitation bids and the financial and
legal ability of the persons making the bids to carry them
out. The municipality may accept the bids as it deems to be
in the public interest and in furtherance of the purposes of
this chapter. Thereafter, the municipality may execute, in
accordance with the provisions of subsection (2) of this
section, and deliver contracts, deeds, leases, and other
instruments of transfer.
(c) If the legislative authority of the municipality
determines that the sale of real property to a specific person
is necessary to the success of a neighborhood revitalization
or community renewal project for which the municipality is
providing assistance to a nonprofit organization from federal
community development block grant funds under 42 U.S.C.
Sec. 5305(a)(15), or successor provision, under a plan or
grant application approved by the United States department
of housing and urban development, or successor agency, then
the municipality may sell or lease that property to that
person through direct negotiation, for consideration determined by the municipality to be adequate consistent with
subsection (2) of this section. This direct negotiation may
occur, and the municipality may enter into an agreement for
sale or lease, either before or after the acquisition of the
property by the municipality. Unless the municipality has
provided notice to the public of the intent to sell or lease the
property by direct negotiation, as part of a citizen participation process adopted under federal regulations for the plan or
[Title 35 RCW—page 257]
35.81.090
Title 35 RCW: Cities and Towns
grant application under which the federal community
development block grant funds have been awarded, the
municipality shall publish notice of the sale at least fifteen
days prior to the conveyance of the property.
(5) A municipality may operate and maintain real
property acquired in a community renewal area for a period
of three years pending the disposition of the property for
redevelopment, without regard to the provisions of subsection (2) of this section, for such uses and purposes as may
be deemed desirable even though not in conformity with the
community renewal plan. However, the municipality may,
after a public hearing, extend the time for a period not to
exceed three years.
(6) Any covenants, restrictions, promises, undertakings,
releases, or waivers in favor of a municipality contained in
any deed or other instrument accepted by any transferee of
property from the municipality or community renewal
agency under this chapter, or contained in any document
executed by any owner of property in a community renewal
area, shall run with the land to the extent provided in the
deed, instrument, or other document, so as to bind, and be
enforceable by the municipality against, the person accepting
or making the deed, instrument, or other document and that
person’s heirs, successors in interest, or assigns having actual
or constructive notice thereof. [2002 c 218 § 9; 1965 c 7 §
35.81.090. Prior: 1957 c 42 § 9.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.095 Selection of person to undertake redevelopment or rehabilitation of real property. (1) The process
authorized under this section may occur (a) prior to the
purchase of the real property by the municipality, or (b) after
the purchase of the real property by the municipality.
(2) A municipality may, by public notice once each
week for three consecutive weeks in a legal newspaper in the
municipality, or prior to the execution of any contract or
deed to sell, lease, or otherwise transfer real property and
prior to the delivery of any instrument of conveyance with
respect thereto under the provisions of this section, invite
statements of interest and qualifications and, at the
municipality’s option, proposals from any persons interested
in undertaking to redevelop or rehabilitate the real property.
(3) The notice required under this section shall identify
the area, or portion thereof, the process the municipality will
use to evaluate qualifications and, if applicable, proposals
submitted by redevelopers or any persons, and other information relevant to the community renewal project. The
notice shall also state that further information, as is available, may be obtained at the offices designated in the notice.
(4)(a) Based on its evaluation of qualifications and, if
applicable, proposals, the municipality may select a proposer
with whom to negotiate or may select two or more finalists
to submit proposals, or to submit more detailed or revised
proposals. The municipality may, in its sole discretion,
reject all responses or proposals, amend any solicitation to
allow modification or supplementation of qualifications or
proposals, or waive irregularities in the content or timing of
any qualifications or proposals.
(b) The municipality may initiate negotiations with the
person selected on the basis of qualifications or proposals.
If the municipality does not enter into a contract with that
[Title 35 RCW—page 258]
person, it may (i) enter into negotiations with the person that
submitted the next highest ranked qualifications or proposal,
(ii) solicit additional proposals using a process permitted by
RCW 35.81.090, or (iii) otherwise dispose of or retain the
real property consistent with the provisions of this chapter.
A municipality shall not be required to select or enter into a
contract with any proposer or to compensate any proposer
for the cost of preparing a proposal or negotiating with the
municipality.
(c) A municipality, with approval of its legislative
authority, may select and enter into a contract with more
than one proposer to carry out different aspects or parts of
a community renewal plan. [2002 c 218 § 10.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.100 Bonds—Issuance—Form, terms, payment,
etc.—Fund for excess property tax, excise tax. (1) A
municipality shall have the power to issue bonds from time
to time in its discretion to finance the undertaking of any
community renewal project under this chapter, including,
without limiting the generality of this power, the payment of
principal and interest upon any advances for surveys and
plans for community renewal projects, and shall also have
power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds
shall not pledge the general credit of the municipality and
shall be made payable, as to both principal and interest,
solely from the income, proceeds, revenues, and funds of the
municipality derived from, or held in connection with, its
undertaking and carrying out of community renewal projects
under this chapter. However, the payment of such bonds,
both as to principal and interest, may be further secured by
a pledge of any loan, grant, or contribution from the municipality, the federal government, or from other sources, in aid
of any community renewal projects of the municipality under
this chapter.
(2) Bonds issued under this section shall not constitute
an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction, and shall not be
subject to the provisions of any other law or charter relating
to the authorization, issuance, or sale of bonds. Bonds
issued under the provisions of this chapter are declared to be
issued for an essential public and governmental purpose, and
together with interest thereon and income therefrom, shall be
exempted from all taxes.
(3) Bonds issued under this section shall be authorized
by resolution or ordinance of the local governing body and
may be issued in one or more series and shall bear such date
or dates, be payable upon demand or mature at such time or
times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or
registered as provided in RCW 39.46.030, carry such
conversion or registration privileges, have such rank or
priority, be executed in such manner, be payable in such
medium of payment, at such place or places, and be subject
to such terms of redemption (with or without premium), be
secured in such manner, and have such other characteristics,
as may be provided by such resolution or trust indenture or
mortgage issued pursuant thereto.
(4) Such bonds may be sold at not less than ninety-eight
percent of par at public or private sale, or may be exchanged
(2002 Ed.)
Community Renewal Law
for other bonds on the basis of par: PROVIDED, That such
bonds may be sold to the federal government at private sale
at not less than par and, in the event less than all of the
authorized principal amount of such bonds is sold to the
federal government, the balance may be sold at public or
private sale at not less than ninety-eight percent of par at an
interest cost to the municipality of not to exceed the interest
cost to the municipality of the portion of the bonds sold to
the federal government.
(5)(a) The municipality may annually pay into a fund to
be established for the benefit of such bonds any and all
excess of the taxes received by it from the same property
over and above the average of the annual taxes authorized
without vote for a five-year period immediately preceding
the acquisition of the property by the municipality for
renewal purposes, such payment to continue until such time
as all bonds payable from the fund are paid in full. Any
other taxing unit that receives property tax revenues from
property in the community renewal area is authorized to
allocate excess taxes, computed in the same manner, to the
municipality or municipalities in which it is situated.
(b) In addition to the excess property tax revenues from
property in the community renewal area, authorized in this
subsection, the municipality may annually pay into the fund,
established in this subsection, any and all excess of the
excise tax received by it from business activity in the
community renewal area over and above the average of the
annual excise tax collected for a five-year period immediately preceding the establishment of a community renewal area.
The payment may continue until all the bonds payable from
the fund are paid in full. Any other taxing unit that receives
excise tax from business activity in the community renewal
area is authorized to allocate excess excise tax, computed in
the same manner, to the municipality or municipalities in
which it is situated. As used in this subsection, "excise tax"
means a local retail sales and use tax authorized in chapter
82.14 RCW. The legislature declares that it is a proper
purpose of a municipality to allocate an excise tax for
purposes of a community renewal project under this chapter.
(6) In case any of the public officials of the municipality whose signatures appear on any bonds or any coupons
issued under this chapter shall cease to be such officials
before the delivery of such bonds, such signatures shall,
nevertheless, be valid and sufficient for all purposes, the
same as if such officials had remained in office until such
delivery. Any provision of any law to the contrary notwithstanding, any bonds, issued pursuant to this chapter shall be
fully negotiable.
(7) In any suit, action, or proceeding involving the
validity or enforceability of any bond issued under this
chapter or the security therefor, any such bond reciting in
substance that it has been issued by the municipality in
connection with a community renewal project, as herein
defined, shall be conclusively deemed to have been issued
for such purpose and such project shall be conclusively
deemed to have been planned, located, and carried out in
accordance with the provisions of this chapter.
(8) Notwithstanding subsections (1) through (7) of this
section, such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [2002 c 218 § 11; 1983 c 167 §
64; 1970 ex.s. c 56 § 44; 1969 ex.s. c 232 § 21; 1965 c 7 §
35.81.100. Prior: 1957 c 42 § 10.]
(2002 Ed.)
35.81.100
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
35.81.110 Bonds as legal investment, security. All
banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan
associations, investment companies, and other persons
carrying on a banking or investment business, all insurance
companies, insurance associations, and other persons
carrying on an insurance business and all executors, administrators, curators, trustees, and other fiduciaries, may legally
invest any sinking funds, moneys, or other funds belonging
to them or within their control in any bonds or other
obligations issued by a municipality under this chapter.
Such bonds and other obligations shall be authorized security
for all public deposits. It is the purpose of this section to
authorize any persons, political subdivisions, and officers,
public or private, to use any funds owned or controlled by
them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal
investments shall be construed as relieving any person of any
duty of exercising reasonable care in selecting securities.
[2002 c 218 § 12; 1965 c 7 § 35.81.110. Prior: 1957 c 42
§ 11.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.115 General obligation bonds authorized. For
the purposes of this chapter a municipality may (in addition
to any authority to issue bonds pursuant to RCW 35.81.100)
issue and sell its general obligation bonds. Any bonds
issued by a municipality pursuant to this section shall be
issued in the manner and within the limitations prescribed by
the laws of this state for the issuance and authorization of
bonds by such municipality for public purposes generally.
[1965 c 7 § 35.81.115. Prior: 1959 c 79 § 1.]
35.81.120 Property of municipality exempt from
process and taxes. (1) All property of a municipality,
including funds, owned or held by it for the purposes of this
chapter, shall be exempt from levy and sale by virtue of an
execution, and no execution or other judicial process shall
issue against the same nor shall judgment against a municipality be a charge or lien upon such property: PROVIDED,
That the provisions of this section shall not apply to, or limit
the right of, obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by
a municipality on its rents, fees, grants, or revenues from
community renewal projects.
(2) The property of a municipality, acquired or held for
the purposes of this chapter, is declared to be public property
used for essential public and governmental purposes and
such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision
thereof: PROVIDED, That such tax exemption shall
terminate when the municipality sells, leases, or otherwise
disposes of such property in a community renewal area to a
[Title 35 RCW—page 259]
35.81.120
Title 35 RCW: Cities and Towns
purchaser or lessee that is not a public body or other
organization normally entitled to tax exemption with respect
to such property. [2002 c 218 § 15; 1965 c 7 § 35.81.120.
Prior: 1957 c 42 § 12.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.130 Powers of public bodies. For the purpose
of aiding in the planning, undertaking, or carrying out of a
community renewal project located within the area in which
it is authorized to act, any public body authorized by law or
by this chapter, may, upon such terms, with or without
consideration, as it may determine: (1) Dedicate, sell,
convey, or lease any of its interest in any property, or grant
easements, licenses, or other rights or privileges therein to a
municipality or other public body; (2) incur the entire
expense of any public improvements made by a public body,
in exercising the powers granted in this section; (3) do any
and all things necessary to aid or cooperate in the planning
or carrying out of a community renewal plan; (4) lend, grant,
or contribute funds, including without limitation any funds
derived from bonds issued or other borrowings authorized in
this chapter, to a municipality or other public body and,
subject only to any applicable constitutional limits, to any
other person; (5) enter into agreements (which may extend
over any period, notwithstanding any provision or rule of
law to the contrary) with a municipality or other public body
respecting action to be taken pursuant to any of the powers
granted by this chapter, including the furnishing of funds or
other assistance in connection with a community renewal
project; (6) cause public building and public facilities,
including parks, playgrounds, recreational, community,
educational, water, sewer, or drainage facilities, or any other
works that it is otherwise empowered to undertake to be
furnished; furnish, dedicate, close, vacate, pave, install,
grade, regrade, plan, or replan streets, roads, sidewalks,
ways, or other places; (7) abate environmental problems; (8)
plan or replan, zone or rezone any part of the community
renewal area; and (9) provide such administrative and other
services as may be deemed requisite to the efficient exercise
of the powers herein granted. [2002 c 218 § 16; 1965 c 7
§ 35.81.130. Prior: 1957 c 42 § 13.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
Demonstration Cities and Metropolitan Development Act—Authority to
contract with federal government: RCW 35.21.660.
35.81.140 Conveyance to purchaser, etc., presumed
to be in compliance with chapter. Any instrument executed by a municipality and purporting to convey any right,
title, or interest in any property under this chapter shall be
conclusively presumed to have been executed in compliance
with the provisions of this chapter insofar as title or other
interest of any bona fide purchasers, lessees, or transferees
of such property is concerned. [1965 c 7 § 35.81.140.
Prior: 1957 c 42 § 14.]
35.81.150 Exercise of community renewal project
powers. (1) A municipality may itself exercise its community renewal project powers or may, if the local governing
body by ordinance or resolution determines such action to be
[Title 35 RCW—page 260]
in the public interest, elect to have such powers exercised by
the community renewal agency or a department or other
officers of the municipality or by any other public body.
(2) In the event the local governing body determines to
have the powers exercised by the community renewal
agency, such body may authorize the community renewal
agency or department or other officers of the municipality to
exercise any of the following community renewal project
powers:
(a) To formulate and coordinate a workable program as
specified in RCW 35.81.040.
(b) To prepare community renewal plans.
(c) To prepare recommended modifications to a community renewal project plan.
(d) To undertake and carry out community renewal
projects as required by the local governing body.
(e) To acquire, own, lease, encumber, and sell real or
personal property. The agency may not acquire real or
personal property using the eminent domain process, unless
authorized independently of this chapter.
(f) To create local improvement districts under RCW
35.81.190 and 35.81.200.
(g) To issue bonds from time to time in its discretion to
finance the undertaking of any community renewal project
under this chapter. The bonds issued under this section must
meet the requirements of RCW 35.81.100.
(h) To make and execute contracts as specified in RCW
35.81.070, with the exception of contracts for the purchase
or sale of real or personal property.
(i) To disseminate blight clearance and community
renewal information.
(j) To exercise the powers prescribed by RCW
35.81.070(2), except the power to agree to conditions for
federal financial assistance and imposed pursuant to federal
law relating to salaries and wages, shall be reserved to the
local governing body.
(k) To enter any building or property, in any community
renewal area, in order to make surveys and appraisals in the
manner specified in RCW 35.81.070(6).
(l) To improve, clear, or prepare for redevelopment any
real or personal property in a community renewal area.
(m) To insure real or personal property as provided in
RCW 35.81.070(6).
(n) To effectuate the plans provided for in RCW
35.81.070(9).
(o) To prepare plans for the relocation of families
displaced from a community renewal area and to coordinate
public and private agencies in such relocation.
(p) To prepare plans for carrying out a program of
voluntary or compulsory repair and rehabilitation of buildings and improvements.
(q) To conduct appraisals, title searches, surveys,
studies, and other preliminary plans and work necessary to
prepare for the undertaking of community renewal projects.
(r) To negotiate for the acquisition of land.
(s) To study the closing, vacating, planning, or replanning of streets, roads, sidewalks, ways, or other places and
to make recommendations with respect thereto.
(t) To provide financial and technical assistance to a
person or public body, for the purpose of creating or
retaining jobs, a substantial portion of which, as determined
by the municipality, shall be for persons of low income.
(2002 Ed.)
Community Renewal Law
(u) To make payments, grants, and other assistance to,
or contract with, existing or new owners and tenants of
property in the community renewal area, under RCW
35.81.070.
(v) To organize, coordinate, and direct the administration of the provisions of this chapter.
(w) To perform such duties as the local governing body
may direct so as to make the necessary arrangements for the
exercise of the powers and the performance of the duties and
responsibilities entrusted to the local governing body.
Any powers granted in this chapter that are not included
in this subsection (2) as powers of the community renewal
agency or a department or other officers of a municipality in
lieu thereof may only be exercised by the local governing
body or other officers, boards, and commissions as provided
by law. [2002 c 218 § 17; 1965 c 7 § 35.81.150. Prior:
1957 c 42 § 15.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.160 Exercise of community renewal project
powers—Assignment of powers—Community renewal
agency. (1) When a municipality has made the finding
prescribed in RCW 35.81.050 and has elected to have the
community renewal project powers, as specified in RCW
35.81.150, exercised, such community renewal project
powers may be assigned to a department or other officers of
the municipality or to any existing public body corporate, or
the legislative body of a municipality may create a community renewal agency in such municipality to be known as a
public body corporate to which such powers may be assigned.
(2) If the community renewal agency is authorized to
transact business and exercise powers under this chapter, the
mayor, by and with the advice and consent of the local
governing body, shall appoint a board of commissioners of
the community renewal agency which shall consist of five
commissioners. The initial membership shall consist of one
commissioner appointed for one year, one for two years, one
for three years, and two for four years; and each appointment thereafter shall be for four years, except that in the
case of death, incapacity, removal, or resignation of a
commissioner, the replacement may be appointed to serve
the remainder of the commissioner’s term.
(3) A commissioner shall receive no compensation for
services but shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of his
or her duties. Each commissioner shall hold office until a
successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and
such certificate shall be conclusive evidence of the due and
proper appointment of such commissioner.
The powers and responsibilities of a community renewal
agency shall be exercised by the commissioners thereof. A
majority of the commissioners shall constitute a quorum for
the purpose of conducting business and exercising the
powers and responsibilities of the agency and for all other
purposes. Action may be taken by the agency upon a vote
of a majority of the commissioners present, unless in any
case the bylaws shall require a larger number. Any persons
(2002 Ed.)
35.81.150
may be appointed as commissioners if they reside within the
municipality.
The community renewal agency or department or
officers exercising community renewal project powers shall
be staffed with the necessary technical experts and such
other agents and employees, permanent and temporary, as it
may require. An agency authorized to transact business and
exercise powers under this chapter shall file, with the local
governing body, on or before March 31st of each year, a
report of its activities for the preceding calendar year, which
report shall include a complete financial statement setting
forth its assets, liabilities, income, and operating expense as
of the end of such calendar year. At the time of filing the
report, the agency shall publish in a legal newspaper in the
community a notice to the effect that such report has been
filed with the municipality and that the report is available for
inspection during business hours in the office of the clerk of
the municipality and in the office of the agency.
(4) For inefficiency, neglect of duty, or misconduct in
office, a commissioner may be removed by the legislative
body of the municipality. [2002 c 218 § 18; 1965 c 7 §
35.81.160. Prior: 1957 c 42 § 16.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.170 Discrimination prohibited. For all of the
purposes of this chapter, no person shall, because of race,
creed, color, sex, or national origin, be subjected to any
discrimination. [2002 c 218 § 19; 1965 c 7 § 35.81.170.
Prior: 1957 c 42 § 17.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
Discrimination—Human rights commission: Chapter 49.60 RCW.
35.81.180 Restrictions against public officials or
employees acquiring or owning an interest in project,
contract, etc. No official or department or division head of
a municipality or community renewal agency or department
or officers with responsibility for making or supervising any
decisions in the exercise of community renewal project
powers and responsibilities under RCW 35.81.150 shall
voluntarily acquire any interest, direct or indirect, in any
community renewal project, or in any property included or
planned to be included in any community renewal project of
such municipality, or in any contract or proposed contract in
connection with such community renewal project. Whether
or not such an acquisition is voluntary, the person acquiring
it shall immediately disclose the interest acquired in writing
to the local governing body and such disclosure shall be
entered upon the minutes of the governing body. If any
such official or department or division head owns or controls, or owned or controlled within two years prior to the
date of the first public hearing on the community renewal
project, any interest, direct or indirect, in any property that
he or she knows is included in a community renewal project,
he or she shall immediately disclose this fact in writing to
the local governing body, and such disclosure shall be
entered upon the minutes of the governing body, and any
such official or department or division head shall not
participate in any action on that particular project by the
municipality or community renewal agency. Any willful
[Title 35 RCW—page 261]
35.81.180
Title 35 RCW: Cities and Towns
violation of the provisions of this section shall constitute
misconduct in office. [2002 c 218 § 20; 1965 c 7 §
35.81.180. Prior: 1957 c 42 § 18.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.190 Local improvement districts—
Establishment—Special assessments—Bonds. (1) A
community renewal agency may establish local improvement
districts within the community renewal area, and levy special
assessments, in annual installments extending over a period
not exceeding twenty years on all property specially benefited by the local improvement, on the basis of special
benefits, to pay in whole or in part the damages or costs of
the local improvement, and issue local improvement bonds
to be paid from local improvement assessments. The
formation of the local improvement districts, the determination, levy, and collection of such assessments, and the
issuance of such bonds shall be as provided for the formation of local improvement districts, the determination, levy,
and collection of local improvement assessments, and the
issuance of local improvement bonds by cities and towns,
insofar as consistent with this chapter. These bonds may be
in any form, including bearer bonds or registered bonds as
provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, the
bonds authorized under subsection (1) of this section may be
issued and sold in accordance with chapter 39.46 RCW.
[2002 c 218 § 13.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.200 Local improvement districts—Content of
notice. Any notice given to the public or to the owners of
specific lots, tracts, or parcels of land relating to the formation of a local improvement district created under RCW
35.81.190 shall contain a statement that actual assessments
may vary from assessment estimates so long as they do not
exceed a figure equal to the increased benefit the improvement adds to the property. [2002 c 218 § 14.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
35.81.910 Short title. This chapter shall be known
and may be cited as the "community renewal law." [2002 c
218 § 21; 1965 c 7 § 35.81.910. Prior: 1957 c 42 § 20.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
Chapter 35.82
HOUSING AUTHORITIES LAW
Sections
35.82.010
35.82.020
35.82.030
35.82.040
35.82.045
35.82.050
35.82.060
Finding and declaration of necessity.
Definitions.
Creation of housing authorities.
Appointment, qualifications, and tenure of commissioners.
Cities with a population of 400,000 or more—Appointment
of additional commissioners—Appointment, compensation of commissioners—Organization of authority.
Conflicts of interest for commissioners, employees, and
appointees.
Removal of commissioners.
[Title 35 RCW—page 262]
35.82.070
35.82.076
35.82.080
35.82.090
35.82.100
35.82.110
35.82.120
35.82.130
35.82.140
35.82.150
35.82.160
35.82.170
35.82.180
35.82.190
35.82.200
35.82.210
35.82.220
35.82.230
35.82.240
35.82.250
35.82.260
35.82.270
35.82.280
35.82.285
Powers of authority.
Small works roster.
Operation not for profit.
Rentals and tenant selection.
Cooperation between authorities.
Eminent domain.
Planning, zoning and building laws.
Bonds.
Form and sale of bonds.
Provisions of bonds, trust indentures, and mortgages.
Certification by attorney general.
Remedies of an obligee of authority.
Additional remedies conferable by authority.
Exemption of property from execution sale.
Aid from federal government.
Tax exemption and payments in lieu of taxes—Definitions.
Housing bonds legal investments and security.
Reports.
Rural housing projects.
Housing applications by farmers.
Farmers of low income.
Powers are additional.
Supplemental projects.
Group homes or halfway houses for released juveniles or
developmentally disabled.
35.82.300 Joint housing authorities—Creation authorized—Contents of
ordinances creating—Powers.
35.82.320 Deactivation of housing authority—Procedure.
35.82.325 Deactivation of housing authority—Distribution of assets.
35.82.900 Short title.
35.82.910 Chapter controlling.
Eminent domain: Title 8 RCW.
Loans and grants for low-income housing: RCW 35.21.685 and 36.32.415.
Planning commissions: Chapter 35.63 RCW.
35.82.010 Finding and declaration of necessity. It
is hereby declared: (1) That there exist in the state insanitary or unsafe dwelling accommodations and that persons of
low income are forced to reside in such insanitary or unsafe
accommodations; that within the state there is a shortage of
safe or sanitary dwelling accommodations available at rents
which persons of low income can afford and that such
persons are forced to occupy overcrowded and congested
dwelling accommodations; that the aforesaid conditions
cause an increase in and spread of disease and crime and
constitute a menace to the health, safety, morals and welfare
of the residents of the state and impair economic values; that
these conditions necessitate excessive and disproportionate
expenditures of public funds for crime prevention and
punishment, public health and safety, fire and accident
protection, and other public services and facilities; (2) that
these areas in the state cannot be cleared, nor can the
shortage of safe and sanitary dwellings for persons of low
income be relieved, through the operation of private enterprise, and that the construction of housing projects for
persons of low income (as herein defined) would therefore
not be competitive with private enterprise; (3) that the
clearance, replanning and reconstruction of the areas in
which insanitary or unsafe housing conditions exist and the
providing of safe and sanitary dwelling accommodations for
persons of low income are public uses and purposes for
which public money may be spent and private property
acquired and are governmental functions of state concern; (4)
that it is in the public interest that work on projects for such
purposes be commenced as soon as possible in order to
relieve unemployment which now (1939) constitutes an
emergency; and the necessity in the public interest for the
(2002 Ed.)
Housing Authorities Law
provisions hereinafter enacted, is hereby declared as a matter
of legislative determination. [1965 c 7 § 35.82.010. Prior:
1939 c 23 § 2; RRS § 6889-2. Formerly RCW 74.24.010.]
35.82.020 Definitions. The following terms, wherever
used or referred to in this chapter, shall have the following
respective meanings, unless a different meaning clearly
appears from the context:
(1) "Authority" or "housing authority" shall mean any of
the public corporations created by RCW 35.82.030.
(2) "City" shall mean any city, town, or code city.
"County" shall mean any county in the state. "The city"
shall mean the particular city for which a particular housing
authority is created. "The county" shall mean the particular
county for which a particular housing authority is created.
(3) "Governing body" shall mean, in the case of a city,
the city council or the commission and in the case of a
county, the county legislative authority.
(4) "Mayor" shall mean the mayor of the city or the
officer thereof charged with the duties customarily imposed
on the mayor or executive head of the city.
(5) "Clerk" shall mean the clerk of the city or the clerk
of the county legislative authority, as the case may be, or the
officer charged with the duties customarily imposed on such
clerk.
(6) "Area of operation": (a) In the case of a housing
authority of a city, shall include such city and the area
within five miles from the territorial boundaries thereof:
PROVIDED, That the area of operation of a housing
authority of any city shall not include any area which lies
within the territorial boundaries of some other city, as herein
defined; (b) in the case of a housing authority of a county,
shall include all of the county except that portion which lies
within the territorial boundaries of any city as herein defined.
(7) "Federal government" shall include the United States
of America, the United States housing authority or any other
agency or instrumentality, corporate or otherwise, of the
United States of America.
(8) "Slum" shall mean any area where dwellings
predominate which, by reason of dilapidation, overcrowding,
lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and
morals.
(9) "Housing project" shall mean any work or undertaking: (a) To demolish, clear or remove buildings from any
slum area; such work or undertaking may embrace the
adaptation of such area to public purposes, including parks
or other recreational or community purposes; or (b) to
provide decent, safe and sanitary urban or rural dwellings,
apartments, mobile home parks, or other living accommodations for persons of low income; such work or undertaking
may include the rehabilitation of dwellings owned by
persons of low income, and also may include buildings, land,
equipment, facilities and other real or personal property for
necessary, convenient or desirable appurtenances, streets,
sewers, water service, parks, site preparation, gardening,
administrative, community, health, recreational, welfare or
other purposes; or (c) without limitation by implication, to
provide decent, safe, and sanitary urban and rural dwellings,
apartments, mobile home parks, or other living accommodations for senior citizens; such work or undertaking may
(2002 Ed.)
35.82.010
include buildings, land, equipment, facilities, and other real
or personal property for necessary, convenient, or desirable
appurtenances, streets, sewers, water service, parks, site
preparation, gardening, administrative, community, health,
recreational, welfare, or other purposes; or (d) to accomplish
a combination of the foregoing. The term "housing project"
also may be applied to the planning of the buildings and
improvements, the acquisition of property, the demolition of
existing structures, the construction, reconstruction, alteration
and repair of the improvements and all other work in
connection therewith.
(10) "Persons of low income" shall mean persons or
families who lack the amount of income which is necessary
(as determined by the authority undertaking the housing
project) to enable them, without financial assistance, to live
in decent, safe and sanitary dwellings, without overcrowding.
(11) "Bonds" shall mean any bonds, notes, interim
certificates, debentures, or other obligations issued by the
authority pursuant to this chapter.
(12) "Real property" shall include all lands, including
improvements and fixtures thereon, and property of any
nature appurtenant thereto, or used in connection therewith,
and every estate, interest and right, legal or equitable,
therein, including terms for years and liens by way of
judgment, mortgage or otherwise and the indebtedness
secured by such liens.
(13) "Obligee of the authority" or "obligee" shall include
any bondholder, trustee or trustees for any bondholders, or
lessor demising to the authority property used in connection
with a housing project, or any assignee or assignees of such
lessor’s interest or any part thereof, and the federal government when it is a party to any contract with the authority.
(14) "Mortgage loan" shall mean an interest bearing
obligation secured by a mortgage.
(15) "Mortgage" shall mean a mortgage deed, deed of
trust or other instrument securing a mortgage loan and
constituting a lien on real property held in fee simple, or on
a leasehold under a lease having a remaining term at the
time the mortgage is acquired of not less than the term for
repayment of the mortgage loan secured by the mortgage,
improved or to be improved by a housing project.
(16) "Senior citizen" means a person age sixty-two or
older who is determined by the authority to be poor or
infirm but who is otherwise in some manner able to provide
the authority with revenue which (together with all other
available moneys, revenues, income, and receipts of the
authority, from whatever sources derived) will be sufficient:
(a) To pay, as the same become due, the principal and
interest on bonds of the authority; (b) to meet the cost of,
and to provide for, maintaining and operating projects
(including the cost of insurance) and administrative expenses
of the authority; and (c) to create (by not less than the six
years immediately succeeding the issuance of any bonds) a
reserve sufficient to meet the principal and interest payments
which will be due on the bonds in any one year thereafter
and to maintain such reserve.
(17) "Commercial space" shall mean space which,
because of its proximity to public streets, sidewalks, or other
thoroughfares, is well suited for commercial or office use.
Commercial space includes but is not limited to office as
well as retail space. [1989 c 363 § 1; 1983 c 225 § 1; 1979
ex.s. c 187 § 1; 1977 ex.s. c 274 § 1; 1965 c 7 § 35.82.020.
[Title 35 RCW—page 263]
35.82.020
Title 35 RCW: Cities and Towns
Prior: 1939 c 23 § 3; RRS § 6889-3. Formerly RCW
74.24.020.]
Severability—1979 ex.s. c 187: See note following RCW 35.82.020.
Severability—1983 c 225: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 225 § 4.]
Severability—1979 ex.s. c 187: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 187 § 4.]
35.82.040 Appointment, qualifications, and tenure
of commissioners. Except as provided in RCW 35.82.045,
when the governing body of a city adopts a resolution
declaring that there is a need for a housing authority, it shall
promptly notify the mayor of such adoption. Upon receiving
such notice, the mayor shall appoint five persons as commissioners of the authority created for the city. When the
governing body of a county adopts a resolution declaring
that there is a need for a housing authority, it shall appoint
five persons as commissioners of the authority created for
the county. The commissioners who are first appointed shall
be designated to serve for terms of one, two, three, four and
five years, respectively, from the date of their appointment,
but thereafter commissioners shall be appointed for a term of
office of five years except that all vacancies shall be filled
for the unexpired term. No commissioner of an authority
may be an officer or employee of the city or county for
which the authority is created, unless the commissioner is an
employee of a separately elected county official other than
the county governing body in a county with a population of
less than one hundred seventy-five thousand as of the 1990
federal census, and the total government employment in that
county exceeds forty percent of total employment. A
commissioner shall hold office until a successor has been
appointed and has qualified, unless sooner removed according to this chapter. A certificate of the appointment or
reappointment of any commissioner shall be filed with the
clerk and such certificate shall be conclusive evidence of the
due and proper appointment of such commissioner. A
commissioner shall receive no compensation for his or her
services for the authority, in any capacity, but he or she shall
be entitled to the necessary expenses, including traveling
expenses, incurred in the discharge of his or her duties.
The powers of each authority shall be vested in the
commissioners thereof in office from time to time. Except
as provided in RCW 35.82.045, three commissioners shall
constitute a quorum of the authority for the purpose of
conducting its business and exercising its powers and for all
other purposes. Action may be taken by the authority upon
a vote of a majority of the commissioners present, unless in
any case the bylaws of the authority shall require a larger
number. The mayor (or in the case of an authority for a
county, the governing body of the county) shall designate
which of the commissioners appointed shall be the first chair
of the commission and he or she shall serve in the capacity
of chair until the expiration of his or her term of office as
commissioner. When the office of the chair of the authority
becomes vacant, the authority shall select a chair from
among its commissioners. An authority shall select from
among its commissioners a vice-chair, and it may employ a
secretary (who shall be executive director), technical experts
and such other officers, agents and employees, permanent
and temporary, as it may require, and shall determine their
qualifications, duties and compensation. For such legal
services as it may require, an authority may call upon the
chief law officer of the city or the county or may employ its
own counsel and legal staff. An authority may delegate to
one or more of its agents or employees such powers or
duties as it may deem proper.
35.82.030 Creation of housing authorities. In each
city (as herein defined) and in each county of the state there
is hereby created a public body corporate and politic to be
known as the "Housing Authority" of the city or county:
PROVIDED, HOWEVER, That such authority shall not
transact any business or exercise its powers hereunder until
or unless the governing body of the city or the county, as the
case may be, by proper resolution shall declare at any time
hereafter that there is need for an authority to function in
such city or county. The determination as to whether or not
there is such need for an authority to function (1) may be
made by the governing body on its own motion or (2) shall
be made by the governing body upon the filing of a petition
signed by twenty-five residents of the city or county, as the
case may be, asserting that there is need for an authority to
function in such city or county and requesting that the
governing body so declare.
The governing body shall adopt a resolution declaring
that there is need for a housing authority in the city or
county, as the case may be, if it shall find (1) that insanitary
or unsafe inhabited dwelling accommodations exist in such
city or county; (2) that there is a shortage of safe or sanitary
dwelling accommodations in such city or county available to
persons of low income at rentals they can afford; or (3) that
there is a shortage of safe or sanitary dwellings, apartments,
mobile home parks, or other living accommodations available for senior citizens. In determining whether dwelling
accommodations are unsafe or insanitary said governing
body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and
access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the
sanitary facilities, and the extent to which conditions exist in
such buildings which endanger life or property by fire or
other causes.
In any suit, action or proceeding involving the validity
or enforcement of or relating to any contract of the authority,
the authority shall be conclusively deemed to have become
established and authorized to transact business and exercise
its powers hereunder upon proof of the adoption of a
resolution by the governing body declaring the need for the
authority. Such resolution or resolutions shall be deemed
sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms (no further
detail being necessary) that either or both of the above
enumerated conditions exist in the city or county, as the case
may be. A copy of such resolution duly certified by the
clerk shall be admissible in evidence in any suit, action or
proceeding. [1979 ex.s. c 187 § 2; 1965 c 7 § 35.82.030.
Prior: 1939 c 23 § 4; RRS § 6889-4. Formerly RCW
74.24.030.]
[Title 35 RCW—page 264]
(2002 Ed.)
Housing Authorities Law
35.82.040
If federal law requires that the membership of the board
of commissioners of a local authority contains one member
who is directly assisted by the authority, the board may by
resolution temporarily or permanently increase its size to six
members. The board may determine the length of the term
of the position filled by a directly assisted member. A
person appointed to such a position may serve in that
position only as long as he or she is directly assisted by the
authority. [1999 c 77 § 1; 1998 c 140 § 1; 1995 c 293 § 1;
1965 c 7 § 35.82.040. Prior: 1939 c 23 § 5; RRS § 6889-5.
Formerly RCW 74.24.040.]
from among its commissioners a vice-chair, and the authority
may employ a secretary, who shall be executive director,
technical experts and such other officers, agents, and
employees, permanent and temporary, as the authority
requires, and shall determine their qualifications, duties, and
compensation.
(9) For such legal services as it may require, an authority may call upon the chief law officer of the city or may
employ its own counsel and legal staff. An authority may
delegate to one or more of its agents or employees such
powers or duties as it may deem proper. [1998 c 140 § 2.]
35.82.045 Cities with a population of 400,000 or
more—Appointment of additional commissioners—
Appointment, compensation of commissioners—
Organization of authority. (1) After June 11, 1998, the
governing body of a city with a population of four hundred
thousand or more, that has created a housing authority under
RCW 35.82.040, shall adopt a resolution to expand the
number of commissioners on the housing authority from five
to seven. Upon receiving the notice, the mayor, with
approval of the city council, shall appoint additional persons
as commissioners of the authority created for the city.
(2) In appointing commissioners, the mayor shall
consider persons that represent the community, provided that
two commissioners shall consist of tenants that reside in a
housing project that is owned by the housing authority.
(3) After June 11, 1998, all commissioners shall be
appointed to serve four-year terms, except that all vacancies
shall be filled for the remainder of the unexpired term. A
commissioner of an authority may not be an officer or
employee of the city for which the authority is created. A
commissioner shall hold office until a successor has been
appointed and has qualified, unless sooner removed according to this chapter.
(4) A commissioner may be reappointed only after
review and approval by the city council.
(5) A certificate of the appointment or reappointment of
any commissioner shall be filed with the clerk and the
certificate is conclusive evidence of the due and proper
appointment of the commissioner.
(6) A commissioner shall receive no compensation for
his or her services for the authority, in any capacity, but he
or she is entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of his or her
duties.
(7) The powers of each authority vest in the commissioners of the authority in office from time to time. Four
commissioners shall constitute a quorum of the authority for
the purpose of conducting its business and exercising its
powers and for all other purposes. Action may be taken by
the authority upon a vote of a majority of the commissioners
present, unless in any case the bylaws of the authority shall
require a larger number.
(8) The mayor, with consent of the city council, shall
designate which of the commissioners appointed shall be the
first chair of the commission and he or she shall serve in the
capacity of chair until the expiration of his or her term of
office as commissioner. When the office of the chair of the
authority becomes vacant, the authority shall select a chair
from among its commissioners. An authority shall select
35.82.050 Conflicts of interest for commissioners,
employees, and appointees. (1) No commissioner, employee, or appointee to any decision-making body for the housing
authority shall own or hold an interest in any contract or
property or engage in any business, transaction, or professional or personal activity, that would:
(a) Be, or appear to be, in conflict with the
commissioner’s, employee’s, or appointee’s official duties to
any decision-making body for the housing authority duties
relating to the housing authority served by or subject to the
authority of such commissioner, employee, or appointee to
any decision-making body for the housing authority;
(b) Secure, or appear to secure, unwarranted privileges
or advantages for such commissioner, employee, or appointee to any decision-making body for the housing authority, or
others; or
(c) Prejudice, or appear to prejudice, such
commissioner’s, employee’s, or appointee’s to any decisionmaking body for the housing authority independence of
judgment in exercise of his or her official duties relating to
the housing authority served by or subject to the authority of
the commissioner, employee, or appointee to any decisionmaking body for the housing authority.
(2) No commissioner, employee, or appointee to any
decision-making body for the housing authority shall act in
an official capacity in any manner in which such commissioner, employee, or appointee to any decision-making body
of the housing authority has a direct or indirect financial or
personal involvement.
(3) No commissioner, employee, or appointee to any
decision-making body for the housing authority shall use his
or her public office or employment to secure financial gain
to such commissioner, employee, or appointee to any
decision-making body for the housing authority.
(4) If any commissioner or employee of an authority or
any appointee to any decision-making body for the housing
authority owns or controls an interest direct or indirect in
any property included or planned to be included in any
housing project, he immediately shall disclose the same in
writing to the authority and such disclosure shall be entered
upon the minutes of the authority. Failure to disclose such
interest shall constitute misconduct in office. Upon such
disclosure such commissioner, employee, or appointee to any
decision-making body for the housing authority shall not
participate in any action by the authority affecting such
property.
(5) No provision of this section shall preclude a tenant
of the public housing authority from serving as a commissioner, employee, or appointee to any decision-making body
(2002 Ed.)
[Title 35 RCW—page 265]
35.82.050
Title 35 RCW: Cities and Towns
of the housing authority. No provision of this section shall
preclude a tenant of the public housing authority who is
serving as a commissioner, employee, or appointee to any
decision-making body of the housing authority from voting
on any issue or decision, or participating in any action by the
authority, unless a conflict of interest, as set forth in subsections (1) through (4) of this section, exists as to that particular tenant and the particular property or interest at issue
before, or subject to action by the housing authority. [1998
c 140 § 3; 1965 c 7 § 35.82.050. Prior: 1939 c 23 § 6;
RRS § 6889-6. Formerly RCW 74.24.050.]
35.82.060 Removal of commissioners. For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor (or in the
case of an authority for a county, by the governing body of
said county), but a commissioner shall be removed only after
he shall have been given a copy of the charges at least ten
days prior to the hearing thereon and had an opportunity to
be heard in person or by counsel. In the event of the
removal of any commissioner, a record of the proceedings,
together with the charges and findings thereon, shall be filed
in the office of the clerk. [1965 c 7 § 35.82.060. Prior:
1939 c 23 § 7; RRS § 6889-7. Formerly RCW 74.24.060.]
35.82.070 Powers of authority. An authority shall
constitute a public body corporate and politic, exercising
public and essential governmental functions, and having all
the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the
following powers in addition to others herein granted:
(1) To sue and be sued; to have a seal and to alter the
same at pleasure; to have perpetual succession; to make and
execute contracts and other instruments, including but not
limited to partnership agreements and joint venture agreements, necessary or convenient to the exercise of the powers
of the authority; to participate in the organization or the
operation of a nonprofit corporation which has as one of its
purposes to provide or assist in the provision of housing for
persons of low income; and to make and from time to time
amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and
purposes of the authority.
(2) Within its area of operation: To prepare, carry out,
acquire, lease and operate housing projects; to provide for
the construction, reconstruction, improvement, alteration or
repair of any housing project or any part thereof; to agree to
rent or sell dwellings forming part of the projects to or for
persons of low income. Where an agreement or option is
made to sell a dwelling to a person of low income, the
authority may convey the dwelling to the person upon
fulfillment of the agreement irrespective of whether the
person is at the time of the conveyance a person of low
income. Leases, options, agreements, or conveyances may
include such covenants as the authority deems appropriate to
assure the achievement of the objectives of this chapter.
(3) To acquire, lease, rent, sell, or otherwise dispose of
any commercial space located in buildings or structures
containing a housing project or projects.
(4) To arrange or contract for the furnishing by any
person or agency, public or private, of services, privileges,
[Title 35 RCW—page 266]
works, or facilities for, or in connection with, a housing
project or the occupants thereof; and (notwithstanding
anything to the contrary contained in this chapter or in any
other provision of law) to include in any contract let in
connection with a project, stipulations requiring that the
contractor and any subcontractors comply with requirements
as to minimum wages and maximum hours of labor, and
comply with any conditions which the federal government
may have attached to its financial aid of the project.
(5) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in
any housing project and (subject to the limitations contained
in this chapter) to establish and revise the rents or charges
therefor; to own or manage buildings containing a housing
project or projects as well as commercial space or other
dwelling units that do not constitute a housing project as that
term is defined in this chapter. However, notwithstanding
the provisions under subsection (1) of this section, dwelling
units made available or sold to persons of low income,
together with functionally related and subordinate facilities,
shall occupy at least fifty percent of the interior space in the
total development owned by the authority or at least fifty
percent of the total number of units in the development
owned by the authority, whichever produces the greater
number of units for persons of low income, and for mobile
home parks, the mobile home lots made available to persons
of low income shall be at least fifty percent of the total
number of mobile home lots in the park owned by the
authority; to own, hold, and improve real or personal
property; to purchase, lease, obtain options upon, acquire by
gift, grant, bequest, devise, or otherwise including financial
assistance and other aid from the state or any public body,
person or corporation, any real or personal property or any
interest therein; to acquire by the exercise of the power of
eminent domain any real property; to sell, lease, exchange,
transfer, assign, pledge, or dispose of any real or personal
property or any interest therein; to sell, lease, exchange,
transfer, or dispose of any real or personal property or
interest therein at less than fair market value to a governmental entity for any purpose when such action assists the
housing authority in carrying out its powers and purposes
under this chapter, to a low-income person or family for the
purpose of providing housing for that person or family, or to
a nonprofit corporation provided the nonprofit corporation
agrees to sell the property to a low-income person or family
or to use the property for the provision of housing for
persons of low income for at least twenty years; to insure or
provide for the insurance of any real or personal property or
operations of the authority against any risks or hazards; to
procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any
bonds or parts thereof issued by an authority, including the
power to pay premiums on any such insurance.
(6) To invest any funds held in reserves or sinking
funds, or any funds not required for immediate disbursement,
in property or securities in which savings banks may legally
invest funds subject to their control; to purchase its bonds at
a price not more than the principal amount thereof and
accrued interest, all bonds so purchased to be canceled.
(7) Within its area of operation: To investigate into
living, dwelling and housing conditions and into the means
and methods of improving such conditions; to determine
(2002 Ed.)
Housing Authorities Law
where slum areas exist or where there is a shortage of
decent, safe and sanitary dwelling accommodations for
persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and
reconstructing of slum areas, and the problem of providing
dwelling accommodations for persons of low income, and to
cooperate with the city, the county, the state or any political
subdivision thereof in action taken in connection with such
problems; and to engage in research, studies and experimentation on the subject of housing.
(8) Acting through one or more commissioners or other
person or persons designated by the authority: To conduct
examinations and investigations and to hear testimony and
take proof under oath at public or private hearings on any
matter material for its information; to administer oaths, issue
subpoenas requiring the attendance of witnesses or the
production of books and papers and to issue commissions for
the examination of witnesses who are outside of the state or
unable to attend before the authority, or excused from
attendance; to make available to appropriate agencies
(including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of
demolishing unsafe or insanitary structures within its area of
operation) its findings and recommendations with regard to
any building or property where conditions exist which are
dangerous to the public health, morals, safety or welfare.
(9) To initiate eviction proceedings against any tenant
as provided by law. Activity occurring in any housing
authority unit that constitutes a violation of chapter 69.41,
69.50 or 69.52 RCW shall constitute a nuisance for the
purpose of RCW 59.12.030(5).
(10) To exercise all or any part or combination of
powers herein granted.
No provisions of law with respect to the acquisition,
operation or disposition of property by other public bodies
shall be applicable to an authority unless the legislature shall
specifically so state.
(11) To agree (notwithstanding the limitation contained
in RCW 35.82.210) to make such payments in lieu of taxes
as the authority finds consistent with the achievement of the
purposes of this chapter.
(12) Upon the request of a county or city, to exercise
any powers of a community renewal agency under chapter
35.81 RCW or a public corporation, commission, or authority under chapter 35.21 RCW.
(13) To exercise the powers granted in this chapter
within the boundaries of any city, town, or county not
included in the area in which such housing authority is
originally authorized to function: PROVIDED, HOWEVER,
The governing or legislative body of such city, town, or
county, as the case may be, adopts a resolution declaring that
there is a need for the authority to function in such territory.
(14) To administer contracts for assistance payments to
persons of low income in accordance with section 8 of the
United States Housing Act of 1937, as amended by Title II,
section 201 of the Housing and Community Development
Act of 1974, P.L. 93-383.
(15) To sell at public or private sale, with or without
public bidding, for fair market value, any mortgage or other
obligation held by the authority.
(16) To the extent permitted under its contract with the
holders of bonds, notes, and other obligations of the authori(2002 Ed.)
35.82.070
ty, to consent to any modification with respect to rate of
interest, time and payment of any installment of principal or
interest security, or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract or
agreement of any kind to which the authority is a party.
(17) To make, purchase, participate in, invest in, take
assignments of, or otherwise acquire loans to persons of low
income to enable them to acquire, construct, reconstruct,
rehabilitate, improve, lease, or refinance their dwellings, and
to take such security therefor as is deemed necessary and
prudent by the authority.
(18) To make, purchase, participate in, invest in, take
assignments of, or otherwise acquire loans for the acquisition, construction, reconstruction, rehabilitation, improvement, leasing, or refinancing of land, buildings, or developments for housing for persons of low income. For purposes
of this subsection, development shall include either land or
buildings or both.
(a) Any development financed under this subsection
shall be subject to an agreement that for at least twenty years
the dwelling units made available to persons of low income
together with functionally related and subordinate facilities
shall occupy at least fifty percent of the interior space in the
total development or at least fifty percent of the total number
of units in the development, whichever produces the greater
number of units for persons of low income. For mobile
home parks, the mobile home lots made available to persons
of low income shall be at least fifty percent of the total
number of mobile home lots in the park. During the term of
the agreement, the owner shall use its best efforts in good
faith to maintain the dwelling units or mobile home lots
required to be made available to persons of low income at
rents affordable to persons of low income. The twenty-year
requirement under this subsection (18)(a) shall not apply
when an authority finances the development by nonprofit
corporations or governmental units of dwellings or mobile
home lots intended for sale to persons of low and moderate
income, and shall not apply to construction or other shortterm financing provided to nonprofit corporations or governmental units when the financing has a repayment term of one
year or less.
(b) In addition, if the development is owned by a forprofit entity, the dwelling units or mobile home lots required
to be made available to persons of low income shall be
rented to persons whose incomes do not exceed fifty percent
of the area median income, adjusted for household size, and
shall have unit or lot rents that do not exceed fifteen percent
of area median income, adjusted for household size, unless
rent subsidies are provided to make them affordable to
persons of low income.
For purposes of this subsection (18)(b), if the development is owned directly or through a partnership by a
governmental entity or a nonprofit organization, which
nonprofit organization is itself not controlled by a for-profit
entity or affiliated with any for-profit entity that a nonprofit
organization itself does not control, it shall not be treated as
being owned by a for-profit entity when the governmental
entity or nonprofit organization exercises legal control of the
ownership entity and in addition, (i) the dwelling units or
mobile home lots required to be made available to persons
of low income are rented to persons whose incomes do not
exceed sixty percent of the area median income, adjusted for
[Title 35 RCW—page 267]
35.82.070
Title 35 RCW: Cities and Towns
household size, and (ii) the development is subject to an
agreement that transfers ownership to the governmental
entity or nonprofit organization or extends an irrevocable
right of first refusal to purchase the development under a
formula for setting the acquisition price that is specified in
the agreement.
(c) Commercial space in any building financed under
this subsection that exceeds four stories in height shall not
constitute more than twenty percent of the interior area of
the building. Before financing any development under this
subsection the authority shall make a written finding that
financing is important for project feasibility or necessary to
enable the authority to carry out its powers and purposes
under this chapter.
(19) To contract with a public authority or corporation,
created by a county, city, or town under RCW 35.21.730
through 35.21.755, to act as the developer for new housing
projects or improvement of existing housing projects. [2002
c 218 § 22; 1993 c 478 § 17; 1991 c 167 § 1; 1989 c 363 §
2; 1985 c 386 § 1; 1983 c 225 § 2; 1977 ex.s. c 274 § 2;
1965 c 7 § 35.82.070. Prior: 1945 c 43 § 1; 1939 c 23 § 8;
Rem. Supp. 1945 § 6889-8. Formerly RCW 74.24.070.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
Severability—1983 c 225: See note following RCW 35.82.020.
35.82.076 Small works roster. A housing authority
may establish and use a small works roster for awarding
contracts under RCW 39.04.155. [2000 c 138 § 205.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
35.82.080 Operation not for profit. It is hereby
declared to be the policy of this state that each housing
authority shall manage and operate its housing projects in an
efficient manner so as to enable it to fix the rentals for lowincome dwelling accommodations at the lowest possible rates
consistent with its providing decent, safe and sanitary
dwelling accommodations, and that no housing authority
shall construct or operate any such project for profit, or as
a source of revenue to the city or the county. To this end,
an authority shall fix the rentals for rental units for persons
of low income in projects owned or leased by the authority
at no higher rates than it shall find to be necessary in order
to produce revenues which (together with all other available
moneys, revenues, income and receipts of the authority from
whatever sources derived) will be sufficient (1) to pay, as
the same become due, the principal and interest on the bonds
or other obligations of the authority issued or incurred to
finance the projects; (2) to meet the cost of, and to provide
for, maintaining and operating the projects (including the
cost of any insurance) and the administrative expenses of the
authority; and (3) to create (during not less than the six years
immediately succeeding its issuance of any such bonds) a
reserve sufficient to meet the largest principal and interest
payments which will be due on such bonds in any one year
thereafter and to maintain such reserve. Nothing contained
in this section shall be construed to limit an authority’s
power to rent commercial space located in buildings containing housing projects or non low-income units owned,
acquired, financed, or constructed under *RCW
[Title 35 RCW—page 268]
35.82.070(5), (16), or (17) at profitable rates and to use any
profit realized from such rentals in carrying into effect the
powers and purposes provided to housing authorities under
this chapter. [1989 c 363 § 3; 1983 c 225 § 3; 1977 ex.s. c
274 § 3; 1965 c 7 § 35.82.080. Prior: 1939 c 23 § 9; RRS
§ 6889-9. Formerly RCW 74.24.080.]
*Reviser’s note: RCW 35.82.070 was amended by 1991 c 167 § 1,
changing subsections (16) and (17) to subsections (17) and (18); and
subsequently amended by 1993 c 478 § 17 changing subsections (17) and
(18) to subsections (18) and (19).
Severability—1983 c 225: See note following RCW 35.82.020.
35.82.090 Rentals and tenant selection. In the
operation and management of rental units which are rented
to persons of low income in any housing project an authority
shall at all times observe the following duties with respect to
rentals and tenant selection: (1) It may rent or lease the
dwelling accommodations therein to persons of low income
and at rentals within the financial reach of such persons of
low income; (2) it may rent or lease to a low-income tenant
dwelling accommodations consisting of the number of rooms
(but no greater number) which it deems necessary to provide
safe and sanitary accommodations to the proposed occupants
thereof, without overcrowding; and (3) it shall not accept any
person as a low income tenant in any housing project
designated for persons of low income if the person or
persons who would occupy the dwelling accommodations
have an annual net income in excess of five times the annual
rental of the quarters to be furnished such person or persons,
except that in the case of families with three or more minor
dependents, such ratio shall not exceed six to one; in
computing the rental for this purpose of selecting tenants,
there shall be included in the rental the average annual cost
(as determined by the authority) to occupants of heat, water,
electricity, gas, cooking range and other necessary services
or facilities, whether or not the charge for such services and
facilities is in fact included in the rental. This income
limitation does not apply to housing projects designated for
senior citizens.
Nothing contained in this section or RCW 35.82.080
shall be construed as limiting the power of an authority to
vest in an obligee the right, in the event of a default by the
authority, to take possession of a housing project or cause
the appointment of a receiver thereof, free from all the
restrictions imposed by this section or RCW 35.82.080.
[1989 c 363 § 4; 1979 ex.s. c 187 § 3; 1977 ex.s. c 274 § 4;
1965 c 7 § 35.82.090. Prior: 1939 c 23 § 10; RRS § 688910. Formerly RCW 74.24.090.]
Severability—1979 ex.s. c 187: See note following RCW 35.82.020.
35.82.100 Cooperation between authorities. Any
two or more authorities may join or cooperate with one
another in the exercise of any or all of the powers conferred
hereby for the purpose of financing, planning, undertaking,
constructing or operating a housing project or projects
located within the area of operation of any one or more of
said authorities. [1965 c 7 § 35.82.100. Prior: 1939 c 23
§ 11; RRS § 6889-11. Formerly RCW 74.24.100.]
35.82.110 Eminent domain. An authority shall have
the right to acquire by the exercise of the power of eminent
(2002 Ed.)
Housing Authorities Law
domain any real property which it may deem necessary for
its purposes under this chapter after the adoption by it of a
resolution declaring that the acquisition of the real property
described therein is necessary for such purposes. An
authority may exercise the power of eminent domain in the
same manner and under the same procedure as now is or
may be hereafter provided by law in the case of other
corporations authorized by the laws of the state to exercise
the right of eminent domain; or it may exercise the power of
eminent domain in the manner now or which may be
hereafter provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
Property already devoted to a public use may be acquired in
like manner: PROVIDED, That no real property belonging
to the city, the county, the state or any political subdivision
thereof may be acquired without its consent. [1965 c 7 §
35.82.110. Prior: 1939 c 23 § 12; RRS § 6889-12.
Formerly RCW 74.24.110.]
Eminent domain: Title 8 RCW.
35.82.120 Planning, zoning and building laws. All
housing projects of an authority shall be subject to the
planning, zoning, sanitary and building laws, ordinances and
regulations applicable to the locality in which the housing
project is situated. In the planning and location of any
housing project, an authority shall take into consideration the
relationship of the project to any larger plan or long-range
program for the development of the area in which the
housing authority functions. [1965 c 7 § 35.82.120. Prior:
1939 c 23 § 13; RRS § 6889-13. Formerly RCW
74.24.120.]
Ordinances—Adoption of codes by reference: RCW 35.21.180.
Planning commissions: Chapter 35.63 RCW.
35.82.130 Bonds. An authority shall have power to
issue bonds from time to time in its discretion, for any of its
corporate purposes. An authority shall also have power to
issue refunding bonds for the purpose of paying or retiring
bonds previously issued by it. An authority may issue such
types of bonds as it may determine, including (without
limiting the generality of the foregoing) bonds on which the
principal and interest are payable: (1) Exclusively from the
income and revenues of the housing project financed with
the proceeds of such bonds; (2) exclusively from the income
and revenues of certain designated housing projects whether
or not they are financed in whole or in part with the proceeds of such bonds; or (3) from all or part of its revenues
or assets generally. Any such bonds may be additionally
secured by a pledge of any grant or contributions from the
federal government or other source, or a pledge of any
income or revenues of the authority, or a mortgage of any
housing project, projects or other property of the authority.
Any pledge made by the authority shall be valid and binding
from the time when the pledge is made; the revenues,
moneys, or property so pledged and thereafter received by
the authority shall immediately be subject to the lien of the
pledge without any physical delivery thereof or further act,
and the lien of any such pledge shall be valid and binding as
against all parties having claims of any kind in tort, contract,
or otherwise against the authority, irrespective or whether the
parties have notice thereof.
(2002 Ed.)
35.82.110
Neither the commissioners of an authority nor any
person executing the bonds shall be liable personally on the
bonds by reason of the issuance thereof. The bonds and
other obligations of an authority (and such bonds and
obligations shall so state on their face) shall not be a debt of
the city, the county, the state or any political subdivision
thereof and neither the city or the county, nor the state or
any political subdivision thereof shall be liable thereon, nor
in any event shall such bonds or obligations be payable out
of any funds or properties other than those of the authority.
The bonds shall not constitute an indebtedness within the
meaning of any constitutional or statutory debt limitation or
restriction. Bonds of an authority are declared to be issued
for an essential public and governmental purpose and to be
public instrumentalities and, together with interest thereon
and income therefrom, shall be exempt from taxes. Nothing
in this section shall prevent an authority from issuing bonds
the interest on which is included in gross income of the
owners thereof for income tax purposes. [1995 c 293 § 2;
1991 c 167 § 2; 1977 ex.s. c 274 § 5; 1965 c 7 § 35.82.130.
Prior: 1939 c 23 § 14; RRS § 6889-14. Formerly RCW
74.24.130.]
35.82.140 Form and sale of bonds. (1) Bonds of an
authority shall be authorized by its resolution and may be
issued in one or more series and shall bear such date or
dates, mature at such time or times, bear interest at such rate
or rates, be in such denomination or denominations, be in
such form, either coupon or registered as provided in RCW
39.46.030, carry such conversion or registration privileges,
have such rank or priority, be executed in such manner, be
payable in such medium of payment, at such place or places,
and be subject to such terms of redemption (with or without
premium) as such resolution, its trust indenture or mortgage
may provide.
The bonds may be sold at public or private sale.
In case any of the commissioners or officers of the
authority whose signatures appear on any bond or any
coupons shall cease to be such commissioners or officers
before the delivery of such bonds, such signatures shall,
nevertheless, be valid and sufficient for all purposes, the
same as if they had remained in office until such delivery.
Any provision of any law to the contrary notwithstanding,
any bonds issued pursuant to this chapter shall be fully
negotiable.
In any suit, action or proceedings involving the validity
or enforceability of any bond of an authority or the security
therefor, any such bond reciting in substance that it has been
issued by the authority to aid in financing a housing project
to provide dwelling accommodations for persons of low
income shall be conclusively deemed to have been issued for
a housing project of such character and said project shall be
conclusively deemed to have been planned, located and
constructed in accordance with the purposes and provisions
of this chapter.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 65; 1977 ex.s. c 274 § 6; 1970
ex.s. c 56 § 45; 1969 ex.s. c 232 § 22; 1965 c 7 §
35.82.140. Prior: 1939 c 23 § 15; RRS § 6889-15.
Formerly RCW 74.24.140.]
[Title 35 RCW—page 269]
35.82.140
Title 35 RCW: Cities and Towns
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
35.82.150 Provisions of bonds, trust indentures, and
mortgages. In connection with the issuance of bonds or the
incurring of obligations under leases and in order to secure
the payment of such bonds or obligations, an authority, in
addition to its other powers, shall have power:
(1) To pledge all or any part of its gross or net rents,
fees, revenues, or assets, including mortgage loans and
obligations securing the same, to which its right then exists
or may thereafter come into existence.
(2) To mortgage all or any part of its real or personal
property, then owned or thereafter acquired.
(3) To covenant against pledging all or any part of its
rents, fees and revenues, or against mortgaging all or any
part of its real or personal property, to which its right or title
then exists or may thereafter come into existence or against
permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell,
lease or otherwise dispose of any housing project or any part
thereof; and to covenant as to what other, or additional debts
or obligations may be incurred by it.
(4) To covenant as to the bonds to be issued and as to
the issuance of such bonds in escrow or otherwise, and as to
the use and disposition of the proceeds thereof; to provide
for the replacement of lost, destroyed or mutilated bonds; to
covenant against extending the time for the payment of its
bonds or interest thereon; and to redeem the bonds, and to
covenant for their redemption and to provide the terms and
conditions thereof.
(5) To covenant (subject to the limitations contained in
this chapter) as to the rents and fees to be charged in the
operation of a housing project or projects, the amount to be
raised each year or other period of time by rents, fees and
other revenues, and as to the use and disposition to be made
thereof; to create or to authorize the creation of special funds
for moneys held for construction or operating costs, debt
service, reserves, or other purposes, and to covenant as to
the use and disposition of the moneys held in such funds.
(6) To prescribe the procedure, if any, by which the
terms of any contract with bondholders may be amended or
abrogated, the amount of bonds the holders of which must
consent thereto and the manner in which such consent may
be given.
(7) To covenant as to use of any or all of its real or
personal property; and to covenant as to the maintenance of
its real and personal property, the replacement thereof, the
insurance to be carried thereon and the use and disposition
of insurance moneys.
(8) To covenant as to the rights, liabilities, powers and
duties arising upon the breach by it of any covenant,
condition, or obligation; and to covenant and prescribe as to
events of default and terms and conditions upon which any
or all of its bonds or obligations shall become or may be
declared due before maturity, and as to the terms and
conditions upon which such declaration and its consequences
may be waived.
[Title 35 RCW—page 270]
(9) To vest in a trustee or trustees or the holders of
bonds or any proportion of them the right to enforce the
payment of the bonds or any covenants securing or relating
to the bonds; to vest in a trustee or trustees the right, in the
event of a default by said authority, to take possession and
use, operate and manage any housing project or part thereof,
and to collect the rents and revenues arising therefrom and
to dispose of such moneys in accordance with the agreement
of the authority with said trustee; to provide for the powers
and duties of a trustee or trustees and to limit the liabilities
thereof; and to provide the terms and conditions upon which
the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or
relating to the bonds.
(10) To covenant as to the use and disposition of the
gross income from mortgages owned by the authority and
payment of principal of the mortgages.
(11) To exercise all or any part or combination of the
powers herein granted; to make covenants other than and in
addition to the covenants herein expressly authorized, of like
or different character; to make such covenants and to do any
and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the
absolute discretion of said authority, as will tend to make the
bonds more marketable notwithstanding that such covenants,
acts or things may not be enumerated herein. [1977 ex.s. c
274 § 7; 1965 c 7 § 35.82.150. Prior: 1939 c 23 § 16; RRS
§ 6889-16. Formerly RCW 74.24.150.]
35.82.160 Certification by attorney general. Any
authority may submit to the attorney general of the state any
bonds to be issued hereunder after all proceedings for the
issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be
the duty of the attorney general to examine into and pass
upon the validity of such bonds and the regularity of all
proceedings in connection therewith. If such proceedings
conform to the provisions of this chapter and are otherwise
regular in form and if such bonds when delivered and paid
for will constitute binding and legal obligations of the
authority enforceable according to the terms thereof, the
attorney general shall certify in substance upon the back of
each of said bonds that it is issued in accordance with the
Constitution and laws of the state of Washington. [1965 c
7 § 35.82.160. Prior: 1939 c 23 § 17; RRS § 6889-17.
Formerly RCW 74.24.160.]
35.82.170 Remedies of an obligee of authority. An
obligee of an authority shall have the right in addition to all
other rights which may be conferred on such obligee, subject
only to any contractual restrictions binding upon such
obligee:
(1) By mandamus, suit, action or proceeding at law or
in equity to compel said authority and the commissioners,
officers, agents or employees thereof to perform each and
every term, provision and covenant contained in any contract
of said authority with or for the benefit of such obligee, and
to require the carrying out of any or all such covenants and
agreements of said authority and the fulfillment of all duties
imposed upon said authority by this chapter.
(2002 Ed.)
Housing Authorities Law
(2) By suit, action or proceeding in equity, to enjoin any
acts or things which may be unlawful, or the violation of any
of the rights of such obligee of said authority. [1965 c 7 §
35.82.170. Prior: 1939 c 23 § 18; RRS § 6889-18.
Formerly RCW 74.24.170.]
35.82.180 Additional remedies conferable by
authority. An authority shall have power by its resolution,
trust indenture, mortgage, lease or other contract to confer
upon any obligee holding or representing a specified amount
in bonds, or holding a lease, the right (in addition to all
rights that may otherwise be conferred), upon the happening
of an event of default as defined in such resolution or
instrument, by suit, action or proceeding in any court of
competent jurisdiction:
(1) To cause possession of any housing project or any
part thereof to be surrendered to any such obligee.
(2) To obtain the appointment of a receiver of any
housing project of said authority or any part thereof and of
the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project
or any part thereof and operate and maintain same, and
collect and receive all fees, rents, revenues, or other charges
thereafter arising therefrom, and shall keep such moneys in
a separate account or accounts and apply the same in
accordance with the obligations of said authority as the court
shall direct.
(3) To require said authority and the commissioners
thereof to account as if it and they were the trustees of an
express trust. [1965 c 7 § 35.82.180. Prior: 1939 c 23 §
19; RRS § 6889-19. Formerly RCW 74.24.180.]
35.82.190 Exemption of property from execution
sale. All real property of an authority shall be exempt from
levy and sale by virtue of an execution, and no execution or
other judicial process shall issue against the same nor shall
any judgment against an authority be a charge or lien upon
its real property: PROVIDED, HOWEVER, That the
provisions of this section shall not apply to or limit the right
of obligees to foreclose or otherwise enforce any mortgage
of an authority or the right of obligees to pursue any
remedies for the enforcement of any pledge or lien given by
an authority on its rents, fees or revenues. [1965 c 7 §
35.82.190. Prior: 1939 c 23 § 20; RRS § 6889-20.
Formerly RCW 74.24.190.]
35.82.200 Aid from federal government. In addition
to the powers conferred upon an authority by other provisions of this chapter, an authority is empowered to borrow
money or accept contributions, grants or other financial
assistance from the federal government for or in aid of any
housing project within its area of operation, to take over or
lease or manage any housing project or undertaking constructed or owned by the federal government, and to these
ends, to comply with such conditions and enter into such
mortgages, trust indentures, leases or agreements as may be
necessary, convenient or desirable. It is the purpose and
intent of this chapter to authorize every authority to do any
and all things necessary or desirable to secure the financial
aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing
(2002 Ed.)
35.82.170
project by such authority. [1965 c 7 § 35.82.200. Prior:
1939 c 23 § 21; RRS § 6889-21. Formerly RCW
74.24.200.]
35.82.210 Tax exemption and payments in lieu of
taxes—Definitions. (1) The property of an authority is
declared to be public property used for essential public and
governmental purposes and such property and an authority
shall be exempt from all taxes and special assessments of the
city, the county, the state or any political subdivision thereof:
PROVIDED, HOWEVER, That in lieu of such taxes an
authority may agree to make payments to the city or the
county or any such political subdivision for improvements,
services and facilities furnished by such city, county or
political subdivision for the benefit of a housing project, but
in no event shall such payments exceed the amount last
levied as the annual tax of such city, county or political
subdivision upon the property included in said project prior
to the time of its acquisition by the authority.
(2) For the sole purpose of the exemption from tax
under this section:
(a) "Authority," in addition to the meaning in RCW
35.82.020, also means tribal housing authorities and intertribal housing authorities.
(b) "Intertribal housing authority" means a housing
authority created by a consortium of tribal governments to
operate and administer housing programs for persons of low
income or senior citizens for and on behalf of such tribes.
(c) "Tribal government" means the governing body of
a federally recognized Indian tribe.
(d) "Tribal housing authority" means the tribal government or an agency or branch of the tribal government that
operates and administers housing programs for persons of
low income or senior citizens. [2000 c 187 § 2; 1965 c 7 §
35.82.210. Prior: 1939 c 23 § 22; RRS § 6889-22.
Formerly RCW 74.24.210.]
Finding—2000 c 187: "Affordable and accessible housing is of great
concern and importance to the legislature and the people of this state. The
legislature recognizes the important role housing authorities serve in creating
and maintaining housing for low-income persons and senior citizens. The
legislature finds that tribal housing authorities should be afforded the same
exemptions from tax as all other housing authorities and extends the
exemption from state and local tax to tribal housing authorities." [2000 c
187 § 1.]
Effective date—2000 c 187: "This act takes effect July 1, 2000."
[2000 c 187 § 3.]
35.82.220 Housing bonds legal investments and
security. Notwithstanding any restrictions on investments
contained in any laws of this state, the state and all public
officers, municipal corporations, political subdivisions, and
public bodies, all banks, bankers, trust companies, savings
banks and institutions, building and loan associations,
savings and loan associations, investment companies and
other persons carrying on a banking business, all insurance
companies, insurance associations and other persons carrying
on an insurance business, and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest
any sinking funds, moneys or other funds belonging to them
or within their control in any bonds or other obligations
issued by a housing authority pursuant to the housing
authorities law of this state or issued by any public housing
authority or agency in the United States, and such bonds and
[Title 35 RCW—page 271]
35.82.220
Title 35 RCW: Cities and Towns
other obligations shall be authorized security for all public
deposits; it being the purpose of this chapter to authorize any
persons, firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds
owned or controlled by them, including (but not limited to)
sinking, insurance, investment, retirement, compensation,
pension and trust funds, and funds held on deposit, for the
purchase of any such bonds or other obligations: PROVIDED, HOWEVER, That nothing contained in this chapter
shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting
securities. [1977 ex.s. c 274 § 8; 1965 c 7 § 35.82.220.
Prior: 1939 c 23 § 23; RRS § 6889-23. Formerly RCW
74.24.220.]
35.82.230 Reports. At least once a year, an authority
shall file with the clerk a report of its activities for the
preceding year, and shall make recommendations with
reference to such additional legislation or other action as it
deems necessary in order to carry out the purposes of this
chapter. [1965 c 7 § 35.82.230. Prior: 1939 c 23 § 24;
RRS § 6889-24. Formerly RCW 74.24.230.]
35.82.240 Rural housing projects. Housing authorities created for counties are specifically empowered and
authorized to borrow money, accept grants and exercise their
other powers to provide housing for farmers of low income
as herein defined. In providing such housing, such housing
authorities shall not be subject to the tenant selection
limitations provided in RCW 35.82.090(3). In connection
with such projects, such housing authorities may enter into
such leases or purchase agreements, accept such conveyances
and rent or sell dwellings forming part of such projects to or
for farmers of low income, as such housing authority deems
necessary in order to assure the achievement of the objectives of this chapter. Such leases, agreements or conveyances may include such covenants as the housing authority
deems appropriate regarding such dwellings and the tracts of
land described in any such instrument, which covenants shall
be deemed to run with the land where the housing authority
deems it necessary and the parties to such instrument so
stipulate. Nothing contained in this section shall be construed as limiting any other powers of any housing authority.
[1965 c 7 § 35.82.240. Prior: 1941 c 69 § 1; Rem. Supp.
1941 § 6889-23a. Formerly RCW 74.24.240.]
35.82.250 Housing applications by farmers. The
owner of any farm operated, or worked upon, by farmers of
low income in need of safe and sanitary housing may file an
application with a housing authority of a county requesting
that it provide for a safe and sanitary dwelling or dwellings
for occupancy by such farmers of low income. Such
applications shall be received and examined by housing
authorities in connection with the formulation of projects or
programs to provide housing for farmers of low income.
[1965 c 7 § 35.82.250. Prior: 1941 c 69 § 2; Rem. Supp.
1941 § 6889-23b. Formerly RCW 74.24.250.]
35.82.260 Farmers of low income. "Farmers of low
income" shall mean persons or families who at the time of
their admission to occupancy in a dwelling of a housing
[Title 35 RCW—page 272]
authority: (1) live under unsafe or insanitary housing
conditions; (2) derive their principal income from operating
or working upon a farm; and (3) had an aggregate average
annual net income for the three years preceding their
admission that was less than the amount determined by the
housing authority to be necessary, within its area of operation, to enable them, without financial assistance, to obtain
decent, safe and sanitary housing without overcrowding.
[1965 c 7 § 35.82.260. Prior: 1941 c 69 § 3; Rem. Supp.
1941 § 6889-23c. Formerly RCW 74.24.260.]
35.82.270 Powers are additional. The powers
conferred by RCW 35.82.240 through 35.82.270 shall be in
addition and supplemental to the powers conferred by any
other law, and nothing contained herein shall be construed as
limiting any other powers of any housing authority. [1965
c 7 § 35.82.270. Prior: 1941 c 69 § 4; Rem. Supp. 1941 §
6889-23d. Formerly RCW 74.24.270.]
35.82.280 Supplemental projects. Except as limited
by this section, an authority shall have the same powers with
respect to supplemental projects as hereinafter in this section
defined as are now or hereafter granted to it under this
chapter with respect to housing projects.
No funds shall be expended by an authority for a
supplemental project except by resolution adopted on notice
at a public hearing as provided by chapter 42.32 RCW,
supported by formal findings of fact incorporated therein,
establishing that:
(1) Low-income housing needs within the area of
operation of the authority are being or will be adequately
met by existing programs; and
(2) A surplus of funds will exist after meeting such lowincome housing needs.
Expenditures for supplemental projects shall be limited
to those funds determined to be surplus.
"Supplemental project" for the purposes of this chapter
shall mean any work or undertaking to provide buildings,
land, equipment, facilities, and other real or personal
property for recreational, group home, halfway house or
other community purposes which by resolution of the
housing authority is determined to be necessary for the
welfare of the community within its area of operation and to
fully accomplish the purposes of this chapter. Such project
need not be in conjunction with the clearing of a slum area
under subsection (9)(a) of RCW 35.82.020 or with the
providing of low-income housing under subsection (9)(b) of
RCW 35.82.020. [1971 ex.s. c 300 § 2.]
35.82.285 Group homes or halfway houses for
released juveniles or developmentally disabled. Housing
authorities created under this chapter may establish and
operate group homes or halfway houses to serve juveniles
released from state juvenile or correctional institutions, or to
serve the developmentally disabled as defined in *RCW
71A.10.020(2). Authorities may contract for the operation
of facilities so established, with qualified nonprofit organizations as agent of the authority. Authorities may provide
support or supportive services in facilities serving juveniles,
the developmentally disabled or other persons under a
(2002 Ed.)
Housing Authorities Law
disability, and the frail elderly, whether or not they are
operated by the authority.
Action under this section shall be taken by the authority
only after a public hearing as provided by chapter 42.30
RCW. In exercising this power the authority shall not be
empowered to acquire property by eminent domain, and the
facilities established shall comply with all zoning, building,
fire, and health regulations and procedures applicable in the
locality. [1991 c 167 § 3; 1973 1st ex.s. c 198 § 2.]
*Reviser’s note: RCW 71A.10.020 was amended by 1998 c 216 §
2, changing subsection (2) to subsection (3).
Effective date—1973 1st ex.s. c 198: See note following RCW
13.06.050.
35.82.300 Joint housing authorities—Creation
authorized—Contents of ordinances creating—Powers.
This section applies to all cities and counties.
(1) Joint housing authorities are hereby authorized when
the legislative authorities of one or more counties and the
legislative authorities of any city or cities within any of
those counties or in another county or counties have authorized such joint housing authority by ordinance.
(2) The ordinances enacted by the legislative authorities
creating the joint housing authority shall prescribe the
number of commissioners, the method for their appointment
and length of their terms, the election of officers, and the
method for removal of commissioners.
(3) The ordinances enacted by the legislative authorities
creating the joint housing authority shall prescribe the
allocation of all costs of the joint housing authority and any
other matters necessary for the operation of the joint housing
authority.
(4) A joint housing authority shall have all the powers
as prescribed by this chapter for any housing authority. The
area of operation of a joint housing authority shall be the
combined areas, defined by RCW 35.82.020(6), of the
housing authorities created in each city and county authorizing the joint housing authority.
(5) The provisions of RCW 35.82.040 and 35.82.060
shall not apply to a joint housing authority created pursuant
to this section. [2002 c 258 § 1; 1980 c 25 § 1.]
35.82.320 Deactivation of housing authority—
Procedure. A housing authority created under this chapter
and activated by a resolution by the governing body of a
city, town, or county may be deactivated by a resolution by
the city, town, or county. The findings listed in RCW
35.82.030 to activate the housing authority shall be considered prior to deactivating the housing authority. For the sole
purposes of winding up the affairs of a deactivated housing
authority, the governing body of the city, town, or county
may exercise any power granted to a housing authority under
this chapter. [1987 c 275 § 1.]
35.82.325 Deactivation of housing authority—
Distribution of assets. The assets of an authority in the
process of deactivation shall be applied and distributed as
follows:
(1) All liabilities and obligations of the authority shall
be paid, satisfied, and discharged, or adequate provision shall
be made therefor;
(2002 Ed.)
35.82.285
(2) Assets held by the authority upon condition requiring
return, transfer, or conveyance, which condition occurs by
reason of the deactivation shall be returned, transferred, or
conveyed in accordance with such requirements;
(3) Assets received and held by the authority subject to
limitations permitting their use only for activities purposes
contained in RCW 35.82.070, but not held upon a condition
requiring return, transfer, or conveyance by reason of the
deactivation, shall be transferred or conveyed to the governing body of the city, town, or county and used to engage in
activities contained in RCW 35.82.070;
(4) Other assets, if any, shall be returned to the governing body of the city, town, or county for uses allowed under
state law. [1987 c 275 § 2.]
35.82.900 Short title. This chapter shall be known
and may be cited as the "Housing Authorities Law." [1965
c 7 § 35.82.900. Prior: 1939 c 23 § 1.]
35.82.910 Chapter controlling. Insofar as the
provisions of this chapter are inconsistent with the provisions
of any other law, the provisions of this chapter shall be
controlling. [1965 c 7 § 35.82.910. Prior: 1939 c 23 § 26.]
Chapter 35.83
HOUSING COOPERATION LAW
Sections
35.83.005 Short title.
35.83.010 Finding and declaration of necessity.
35.83.020 Definitions.
35.83.030 Cooperation in undertaking housing projects.
35.83.040 Agreements as to payments by housing authority.
35.83.050 Advances to housing authority.
35.83.060 Procedure for exercising powers.
35.83.070 Supplemental nature of chapter.
Housing authorities law: Chapter 35.82 RCW.
35.83.005 Short title. This act may be referred to as
the "Housing Cooperation Law." [1965 c 7 § 35.83.005.
Prior: 1939 c 24 § 1; RRS § 6889-31.]
35.83.010 Finding and declaration of necessity. It
has been found and declared in the housing authorities law
that there exist in the state unsafe and insanitary housing
conditions and a shortage of safe and sanitary dwelling
accommodations for persons of low income; that these
conditions necessitate excessive and disproportionate
expenditures of public funds for crime prevention and
punishment, public health and safety, fire and accident
protection, and other public services and facilities; and that
the public interest requires the remedying of these conditions. It is hereby found and declared that the assistance
herein provided for the remedying of the conditions set forth
in the housing authorities law constitutes a public use and
purpose and an essential governmental function for which
public moneys may be spent, and other aid given; that it is
a proper public purpose for any state public body to aid any
housing authority operating within its boundaries or jurisdiction or any housing project located therein, as the state
public body derives immediate benefits and advantages from
[Title 35 RCW—page 273]
35.83.010
Title 35 RCW: Cities and Towns
such an authority or project; and that the provisions hereinafter enacted are necessary in the public interest. [1965 c 7 §
35.83.010. Prior: 1939 c 24 § 2; RRS § 6889-32. Formerly
RCW 74.28.010.]
35.83.020 Definitions. The following terms, whenever
used or referred to in this chapter shall have the following
respective meanings, unless a different meaning clearly
appears from the context:
(1) "Housing authority" shall mean any housing authority created pursuant to the housing authorities law of this
state.
(2) "Housing project" shall mean any work or undertaking of a housing authority pursuant to the housing authorities
law or any similar work or undertaking of the federal
government.
(3) "State public body" shall mean the state of Washington and any city, town, county, municipal corporation,
commission, district, authority, other subdivision or public
body of the state.
(4) "Governing body" shall mean the council, the
commission, board of county commissioners or other body
having charge of the fiscal affairs of the state public body.
(5) "Federal government" shall include the United States
of America, the United States housing authority, or any other
agency or instrumentality, corporate or otherwise, of the
United States of America. [1991 c 167 § 4; 1965 c 7 §
35.83.020. Prior: 1939 c 24 § 3; RRS § 6889-33. Formerly
RCW 74.28.020.]
35.83.030 Cooperation in undertaking housing
projects. For the purpose of aiding and cooperating in the
planning, undertaking, construction or operation of housing
projects located within the area in which it is authorized to
act, any state public body may upon such terms, with or
without consideration, as it may determine:
(1) Dedicate, sell, grant, convey, or lease any of its
interest in any property, or grant easements, licenses or any
other rights or privileges therein to a housing authority or the
federal government;
(2) Cause parks, playgrounds, recreational, community,
educational, water, sewer or drainage facilities, or any other
works which it is otherwise empowered to undertake, to be
furnished adjacent to or in connection with housing projects;
(3) Furnish, dedicate, close, pave, install, grade, regrade,
plan or replan streets, roads, roadways, alleys, sidewalks or
other places which it is otherwise empowered to undertake;
(4) Plan or replan, zone or rezone any part of such state
public body; make exceptions from building regulations and
ordinances; any city or town also may change its map;
(5) Cause services to be furnished to the housing
authority of the character which such state public body is
otherwise empowered to furnish;
(6) Enter into agreements with respect to the exercise by
such state public body of its powers relating to the repair,
elimination or closing of unsafe, insanitary or unfit dwellings;
(7) Employ (notwithstanding the provisions of any other
law) any funds belonging to or within the control of such
state public body, including funds derived from the sale or
furnishing of property or facilities to a housing authority, in
[Title 35 RCW—page 274]
the purchase of the bonds or other obligations of a housing
authority; and exercise all the rights of any holder of such
bonds or other obligations;
(8) Do any and all things, necessary or convenient to aid
and cooperate in the planning, undertaking, construction or
operation of such housing projects;
(9) Incur the entire expense of any public improvements
made by such state public body in exercising the powers
granted in this chapter;
(10) Enter into agreements (which may extend over any
period, notwithstanding any provision or rule of law to the
contrary), with a housing authority respecting action to be
taken by such state public body pursuant to any of the
powers granted by this chapter. Any law or statute to the
contrary notwithstanding, any sale, conveyance, lease or
agreement provided for in this section may be made by a
state public body without appraisal, advertisement or public
bidding: PROVIDED, There must be five days public notice
given either by posting in three public places or publishing
in the official county newspaper of the county wherein the
property is located; and
(11) With respect to any housing project which a
housing authority has acquired or taken over from the federal
government and which the housing authority by resolution
has found and declared to have been constructed in a manner
that will promote the public interest and afford necessary
safety, sanitation and other protection, no state public body
shall require any changes to be made in the housing project
or the manner of its construction or take any other action
relating to such construction. [1991 c 167 § 5; 1965 c 7 §
35.83.030. Prior: 1939 c 24 § 4; RRS § 6889-34. Formerly
RCW 74.28.030.]
35.83.040 Agreements as to payments by housing
authority. In connection with any housing project located
wholly or partly within the area in which it is authorized to
act, any state public body may agree with a housing authority or the federal government that a certain sum (in no event
to exceed the amount last levied as the annual tax of such
state public body upon the property included in said project
prior to the time of its acquisition by the housing authority)
or that no sum, shall be paid by the authority in lieu of taxes
for any year or period of years. [1965 c 7 § 35.83.040.
Prior: 1939 c 24 § 5; RRS § 6889-35. Formerly RCW
74.28.040.]
35.83.050 Advances to housing authority. Any city,
town, or county located in whole or in part within the area
of operation of a housing authority shall have the power
from time to time to lend or donate money to such authority
or to agree to take such action. Such housing authority,
when it has money available therefor, shall make reimbursements for all such loans made to it. [1965 c 7 § 35.83.050.
Prior: 1939 c 24 § 6; RRS § 6889-36. Formerly RCW
74.28.050.]
35.83.060 Procedure for exercising powers. The
exercise by a state public body of the powers herein granted
may be authorized by resolution of the governing body of
such state public body adopted by a majority of the members
of its governing body present at a meeting of said governing
(2002 Ed.)
Housing Cooperation Law
35.83.060
body, which resolution may be adopted at the meeting at
which such resolution is introduced. Such a resolution or
resolutions shall take effect immediately and need not be laid
over or published or posted. [1965 c 7 § 35.83.060. Prior:
1939 c 24 § 7; RRS § 6889-37. Formerly RCW 74.28.060.]
or operated by any municipal corporation, mutual, nonprofit,
or cooperative association or organization, or by a public
utility district. [1965 c 7 § 35.84.030. Prior: 1933 c 51 §
3; RRS § 9209-3.]
35.83.070 Supplemental nature of chapter. The
powers conferred by this chapter shall be in addition and
supplemental to the powers conferred by any other law.
[1965 c 7 § 35.83.070. Prior: 1939 c 24 § 8; RRS § 688939. Formerly RCW 74.28.070.]
35.84.040 Fire apparatus—Use beyond city limits.
Every municipal corporation which owns, operates, or
maintains fire apparatus and equipment may permit, under
conditions prescribed by the governing body of such corporation, such equipment and the personnel operating the same
to go outside of the corporate limits of such municipality for
the purpose of extinguishing or aiding in the extinguishing
or control of fires. Any use made of such equipment or
personnel under the authority of this section shall be deemed
an exercise of a governmental function of such municipal
corporation. [1965 c 7 § 35.84.040. Prior: 1941 c 96 § 1;
Rem. Supp. 1941 § 9213-9.]
Chapter 35.84
UTILITY AND OTHER SERVICES BEYOND
CITY LIMITS
Sections
35.84.010
35.84.020
35.84.030
35.84.040
35.84.050
35.84.060
Electric energy—Sale of—Purchase.
Electric energy facilities—Right to acquire.
Limitation on right of eminent domain.
Fire apparatus—Use beyond city limits.
Fireman injured outside corporate limits.
Street railway extensions.
35.84.010 Electric energy—Sale of—Purchase.
Every city or town owning its own electric power and light
plant, shall have the right to sell and dispose of electric
energy to any other city or town, public utility district,
governmental agency, or municipal corporation, mutual
association, or to any person, firm, or corporation, inside or
outside its corporate limits, and to purchase electric energy
therefrom. [1965 c 7 § 35.84.010. Prior: 1933 c 51 § 1;
RRS § 9209-1.]
Reduced utility rates for low-income senior citizens and other low-income
citizens: RCW 74.38.070.
35.84.020 Electric energy facilities—Right to
acquire. Every city or town owning its own electric power
and light plant may acquire, construct, purchase, condemn
and purchase, own, operate, control, add to and maintain
lands, easements, rights-of-way, franchises, distribution
systems, substations, inter-tie or transmission lines, to enable
it to use, purchase, sell, and dispose of electric energy inside
or outside its corporate limits, or to connect its electric plant
with any other electric plant or system, or to connect parts
of its own electric system. [1965 c 7 § 35.84.020. Prior:
1933 c 51 § 2; RRS § 9209-2.]
35.84.030 Limitation on right of eminent domain.
Every city or town owning its own electric power and light
plant may exercise the power of eminent domain as provided
by law for the condemnation of private property for any of
the corporate uses or purposes of the city or town: PROVIDED, That no city or town shall acquire, by purchase or
condemnation, any publicly or privately owned electric
power and light plant or electric system located in any other
city or town except with the approval of a majority of the
qualified electors of the city or town in which the property
to be acquired is situated; nor shall any city or town acquire
by condemnation the electric power and light plant or
electric system, or any part thereof, belonging to or owned
(2002 Ed.)
Eminent domain by cities: Chapter 8.12 RCW.
35.84.050 Fireman injured outside corporate limits.
Whenever a fireman engages in any duty outside the limits
of such municipality, such duty shall be considered as part
of his duty as fireman for the municipality, and a fireman
who is injured while engaged in such duties outside the
limits of the municipality shall be entitled to the same
benefits that he or his family would be entitled to receive
had he been injured within the municipality. [1965 c 7 §
35.84.050. Prior: 1941 c 96 § 2; Rem. Supp. 1941 § 95631.]
35.84.060 Street railway extensions. (Effective
unless Referendum Bill No. 51 is approved at the November 2002 general election.) Every municipal corporation
which owns or operates an urban public transportation
system as defined in RCW 47.04.082 within its corporate
limits, may acquire, construct, extend, own or operate such
urban public transportation system to any point or points not
to exceed fifteen miles outside of its corporate limits:
PROVIDED, That no municipal corporation shall extend its
urban public transportation system beyond its corporate
limits to operate in any territory already served by a privately operated auto transportation company holding a certificate
of public convenience and necessity from the utilities and
transportation commission. [1969 ex.s. c 281 § 26; 1965 c
7 § 35.84.060. Prior: 1919 c 138 § 1; 1917 c 59 § 1; RRS
§ 9213.]
35.84.060 Street railway extensions. (Effective if
Referendum Bill No. 51 is approved at the November 2002
general election.) Every municipal corporation which owns
or operates an urban public transportation system as defined
in RCW 47.04.082 within its corporate limits, may acquire,
construct, extend, own, or operate such urban public transportation system to any point or points not to exceed fifteen
miles outside of its corporate limits: PROVIDED, That no
municipal corporation shall extend its urban public transportation system beyond its corporate limits to operate in any
territory already served by a privately operated auto transportation company holding a certificate of public convenience
and necessity from the utilities and transportation commission.
[Title 35 RCW—page 275]
35.84.060
Title 35 RCW: Cities and Towns
As a condition of receiving state funding, the municipal
corporation shall submit a maintenance management plan for
certification by the transportation commission or its successor entity. The plan must inventory all transportation system
assets within the direction and control of the municipality,
and provide a preservation plan based on lowest life cycle
cost methodologies. [2002 c 5 § 409; 1969 ex.s. c 281 § 26;
1965 c 7 § 35.84.060. Prior: 1919 c 138 § 1; 1917 c 59 §
1; RRS § 9213.]
Contingency—2002 c 5 §§ 409-412, 415, and 416: "Sections 409
through 412, 415, and 416 of this act are null and void if *new transportation revenues do not become law by January 1, 2003." [2002 c 5 § 418.]
*Reviser’s note: "New transportation revenues" are found in 2002 c
202, subject to approval at the November 2002 general election in
Referendum Bill No. 51.
Finding—Intent—2002 c 5: "The legislature finds that roads, streets,
bridges, and highways in the state represent public assets worth over one
hundred billion dollars. These investments require regular maintenance and
preservation, or rehabilitation, to provide cost-effective transportation
services. Many of these facilities are in poor condition. Given the
magnitude of public investment and the importance of safe, reliable
roadways to the motoring public, the legislature intends to create stronger
accountability to ensure that cost-effective maintenance and preservation is
provided for these transportation facilities." [2002 c 5 § 408.]
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Chapter 35.85
VIADUCTS, ELEVATED ROADWAYS, TUNNELS
AND SUBWAYS
Sections
35.85.010
35.85.020
35.85.030
35.85.040
35.85.050
35.85.060
35.85.070
35.85.080
Authority to construct viaducts, bridges, elevated roadways,
etc.
Assessment district—Resolution—Hearing—Ordinance ordering improvement.
Limit of assessment—Lien—Priority.
Operation by city—Leases—Use of income.
Authority to construct tunnels and subways.
Procedure.
Assessments—Bonds.
Construction of chapter.
35.85.010 Authority to construct viaducts, bridges,
elevated roadways, etc. Any city of the first class shall
have power to provide for the construction, maintenance and
operation upon public streets and upon the extensions and
connections thereof over intervening tidelands to and across
any harbor reserves, waterways, canals, rivers, natural
watercourses and other channels, any bridges, drawbridges,
viaducts, elevated roadways and tunnels or any combination
thereof together with all necessary approaches thereto, with
or without street railway tracks thereon or therein, and to
make any and all necessary cuts, fills, or other construction,
upon, in, or along such streets and approaches as a part of
any such improvement, and to order any and all work to be
done which shall be necessary to complete any such improvement. The word "approaches" as used in this section
shall include any arterial highway or highways or streets
connecting with any such bridge, drawbridge, viaduct,
elevated roadway or tunnel, or combination thereof, which
are necessary to give convenient access thereto or therefrom
from any portion of the improvement district which may be
specially benefited by such improvement and which is liable
to assessment for such improvement.
[Title 35 RCW—page 276]
Whenever it is desired to pay the whole or any portion
of the cost and expense of any such improvement by special
assessments, the council or other legislative body of such
city shall in the ordinance ordering such improvement fix
and establish the boundaries of the improvement district, the
property within which is to bear such assessment, which
district shall include as near as may be, all the property
specially benefited by such improvement. [1965 c 7 §
35.85.010. Prior: 1911 c 103 § 1; 1909 ex.s. c 14 § 1; RRS
§ 9001.]
First class cities, generally: Chapter 35.22 RCW.
35.85.020 Assessment district—Resolution—
Hearing—Ordinance ordering improvement. Any such
improvement may be initiated by the city council, or other
legislative body, by a resolution, declaring its intention to
order such improvement, which resolution shall set forth the
nature and territorial extent of such proposed improvement,
shall specify and describe the boundaries of the proposed
improvement district and notify all persons who may desire
to object thereto to appear and present such objections at a
meeting of the council specified in such resolution and
directing the board of public works, or other proper board,
officer, or authority of the city, to submit to such council at
or prior to the date fixed for such hearing the estimated cost
and expense of the improvement, and a statement of the
proportionate amount thereof which should be borne by the
property within the proposed improvement district, and a
statement of the aggregate assessed valuation of the real
property exclusive of improvements, within said district,
according to the valuation last placed upon it for purposes of
general taxation. Such resolution shall be published in at
least two consecutive issues of the official newspaper of the
city, the date of the first publication to be at least thirty days
prior to the date fixed by the resolution for hearing before
the council.
Upon such hearing, or upon any adjournment thereof,
the council shall have power to amend, change, extend, or
contract the boundaries of the proposed improvement district
as specified in the resolution, and to consider and determine
all matters in relation to the proposed improvement, and,
upon the conclusion of the hearing, or any adjournment
thereof, shall have power by ordinance to order the improvement to be made and to adopt, fix and establish the boundaries of the improvement district. The action of such council
in ordering such improvement, or in abandoning it, and in
fixing and establishing the boundaries of the improvement
district shall be final and conclusive. Any such ordinance
may be passed upon majority vote of the council or other
legislative body of the city.
Such ordinance may provide for the construction of the
improvement in sections, the letting of separate contracts for
each such section, and, in case the same is made in sections,
separate assessment rolls to defray the cost and expense of
any such section of such improvement may be prepared, and
the amounts thereon appearing as finally determined, may be
levied and assessed against real property within the improvement district. The provisions of law, charter and ordinance
of any such city, relating to supplemental assessments,
reassessments and omitted property shall be applicable to
any improvement authorized in this chapter.
(2002 Ed.)
Viaducts, Elevated Roadways, Tunnels and Subways
The city council, or other legislative body of such city,
shall by general ordinance, make provision for hearing any
objections in writing, to any assessment roll for such
improvement, filed with the city clerk or comptroller at a
prior date to the hearing thereon. Any right of appeal to the
superior court provided by law to be taken from any local
improvement assessment levied and assessed by any such
city, may be exercised, within the time and in the manner
therein provided, by any person so objecting to any assessment levied and assessed for any improvement authorized in
this chapter. [1965 c 7 § 35.85.020. Prior: 1911 c 103 §
2; 1909 ex.s. c 14 § 2; RRS § 9002.]
Appeal from local improvement district assessments: RCW 35.44.200
through 35.44.270.
35.85.030 Limit of assessment—Lien—Priority. The
city council may prescribe by general ordinance, the mode
and manner in which the charge upon property in such local
improvement district shall be assessed and determined for
the purpose of paying the cost and expense of establishing
and constructing such improvement: PROVIDED, That no
assessment shall be levied on any such district, the aggregate
of which is a greater sum than twenty-five percent of the
assessed value of all the real property in such district
according to the last equalized assessment thereof for general
taxation: PROVIDED FURTHER, That there shall be, in all
cases, an opportunity for a hearing upon objections to the
assessment roll by the parties affected thereby, before the
council as a board of equalization, which hearing shall be
after publication of a reasonable notice thereof, such notice
to be published in such manner and for such time as may be
prescribed by ordinance. At such hearing, or at legal
adjournments thereof, such changes may be made in the
assessment roll as the city council may find necessary to
make the same just and equitable. Railroad rights-of-way
shall be assessed for such benefits as shall inure or accrue to
the owners, lessees, or operators of the same, resulting or to
result from the construction and maintenance of any such
improvement, whether such rights-of-way lie within the
limits of any street or highway or not; such assessment to lie
against the franchise rights when such right-of-way is within
such street or highway.
When the assessment roll has been finally confirmed by
the city council, the charges therein made shall be and
become a lien against the property or franchise therein
described, paramount to all other liens (except liens for
assessments and taxes) upon the property assessed from the
time the assessment roll shall be placed in the hands of the
collector. [1965 c 7 § 35.85.030. Prior: 1909 ex.s. c 14 §
3; RRS § 9003.]
35.85.040 Operation by city—Leases—Use of
income. As a part of the original construction of any
improvement herein authorized, or afterward as an alteration
or renewal thereof, any such city, notwithstanding any
charter provision to the contrary, may, at its own cost,
construct, maintain and operate street railway tracks in the
roadway thereof, and may provide electric power for the
propulsion of cars, and may lease the use of such tracks and
power for the operation of street cars or interurban railways;
or such city may authorize any operator of the street or
(2002 Ed.)
35.85.020
interurban railways to construct and furnish such street
railway tracks and electric power and use the same for street
or interurban purposes, under lease or franchise ordinance:
PROVIDED, That no such lease or franchise shall be
exclusive, but shall at all times reserve the right to the city
to permit other lines of street or interurban railway to use
such street railway tracks in common with any preceding
lessee or grantee, upon equal terms. The rate of lease or use
of such street railway tracks for streets or interurban cars
shall be as fixed by the legislative authority of the city, but
shall not be less than one mill for each passenger carried, or
ten cents for each freight car moved over such improvement.
The income from such charges, rental and leasing shall be
used wholly for the maintenance, repair and betterment of
said improvement and the extinguishment of any debt
incurred by the city in constructing it. [1965 c 7 §
35.85.040. Prior: 1909 ex.s. c 14 § 4; RRS § 9004.]
35.85.050 Authority to construct tunnels and
subways. Any city of the first class shall have power to
provide for the construction, maintenance and operation
within such city of tunnels, subways, or both, with or
without roadways, sidewalks, street railway tracks or any
combination thereof therein, together with all necessary
approaches thereto; and to order any and all work to be done
which shall be necessary to complete any such improvement.
The word "approaches," as used in this section, shall include
any arterial highway or highways or streets connecting with
any such tunnel or subway which may be necessary to give
convenient access thereto or therefrom from any portion of
the improvement district which may be specially benefited
by such improvement, and which is liable to assessment for
such improvement.
Whenever it is desired to pay the whole or any portion
of the cost and expense of any such improvement by special
assessments, the council or other legislative body of such
city shall, in the ordinance ordering such improvement, fix
and establish the boundaries of the improvement district, the
property in which is to bear such assessment, which district
shall include as near as may be all the property specially
benefited by such improvement. [1965 c 7 § 35.85.050.
Prior: 1925 ex.s. c 168 § 1; RRS § 9005-1.]
35.85.060 Procedure. Any such improvement may be
initiated and assessments therefor determined and levied as
prescribed in RCW 35.85.020 to 35.85.040, inclusive. [1965
c 7 § 35.85.060. Prior: 1925 ex.s. c 168 § 2; RRS § 90052.]
35.85.070 Assessments—Bonds. Any assessments so
levied shall be collected, and bonds may be issued for the
payment of the whole or any part of the cost of such
improvement, in the manner now or hereafter provided for
the collection of assessments and the issuance of bonds for
other local improvements. [1965 c 7 § 35.85.070. Prior:
1925 ex.s. c 168 § 3; RRS § 9005-3.]
35.85.080 Construction of chapter. The provisions
and remedies provided by this chapter are cumulative of
existing provisions and remedies, and nothing herein contained shall be held to repeal any provision of the existing
[Title 35 RCW—page 277]
35.85.080
Title 35 RCW: Cities and Towns
law or of any charter of any city upon the subject matter
thereof, but such existing law or charter provision shall
continue in full force and effect, and it shall be optional with
the city authorities to proceed under either such existing law,
charter provision or this chapter. [1965 c 7 § 35.85.080.
Prior: (i) 1909 ex.s. c 14 § 5; RRS § 9005. (ii) 1925 ex.s.
c 168 § 4; RRS § 9005-4.]
Chapter 35.86
OFF-STREET PARKING FACILITIES
Sections
35.86.010
35.86.020
35.86.030
35.86.040
35.86.045
35.86.050
35.86.060
35.86.080
35.86.910
Space and facilities authorized.
Financing.
Acquisition and disposition of real property.
Operation—Leasing.
Operation of parking facilities by cities prohibited, exception—Bid requirements and procedure.
Procedure to establish—Plan, surveys, hearings.
Maximum parking fee schedule.
Leasing for store space in lieu of undesirable off-street parking facility.
Chapter prevails over inconsistent laws.
35.86.010 Space and facilities authorized. Cities of
the first and second classes are authorized to provide offstreet parking space and facilities located on land dedicated
for park or civic center purposes, or on other municipallyowned land where the primary purpose of such off-street
parking facility is to provide parking for persons who use
such park or civic center facilities. In addition a city may
own other off-street parking facilities and operate them in
accordance with RCW 35.86A.120. [1997 c 361 § 16; 1975
1st ex.s. c 221 § 1; 1967 ex.s. c 144 § 13; 1965 c 7 §
35.86.010. Prior: 1961 c 186 § 1; 1959 c 302 § 1.]
Severability—1975 1st ex.s. c 221: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 221 § 5.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Off-street parking space and facilities in towns: RCW 35.27.550 through
35.27.600.
Public parks in or beneath off-street parking space or facilities—Revenue
bond financing—Special funds—Use of off-street and on-street parking
revenues: RCW 35.41.010.
35.86.020 Financing. In order to provide for offstreet parking space and/or facilities, such cities are authorized, in addition to the powers already possessed by them
for financing public improvements, to finance their acquisition and construction through the issuance and sale of
revenue bonds or general obligation bonds or both. Any
bonds issued by such cities pursuant to this section shall be
issued in the manner and within the limitations prescribed by
the Constitution and the laws of this state.
In addition local improvement districts may be created
and their financing procedures used for this purpose in
accordance with the provisions of Title 35 RCW as now or
hereafter amended.
Such cities may authorize and finance the economic and
physical surveys and plans, acquisition and construction, for
off-street parking spaces and facilities, and the maintenance
[Title 35 RCW—page 278]
and management of such off-street parking spaces and
facilities either within their general budget or by issuing
revenue bonds or general obligation bonds or both.
General obligation bonds issued hereunder may additionally be made payable from any otherwise unpledged revenue,
fees or charges which may be derived from the ownership,
operation, lease or license of off-street parking space or
facilities or which may be derived from the license of onstreet parking space.
Such cities may, in addition to utilizing the pledging
revenues from off-street parking spaces and facilities, utilize
and pledge revenues from on-street parking meters in
exercising any of the powers provided by this chapter,
including the financing of economic and physical surveys
and plans, acquisition, and construction, for off-street
parking facilities, the maintenance and management thereof,
and for the payment of debt service of revenue bonds issued
therefor.
In the event revenue bonds are issued, such cities are
authorized to make such covenants pertaining to the continued maintenance of on-street and/or off-street parking spaces
and facilities and the fixing of rates and charges for the use
thereof as are deemed necessary to effectuate the sale of
such revenue bonds. [1969 ex.s. c 204 § 14; 1967 ex.s. c
144 § 14; 1965 c 7 § 35.86.020. Prior: 1961 c 186 § 2;
1959 c 302 § 2.]
Severability—1969 ex.s. c 204: See note following RCW
35.86A.010.
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Public parks in or beneath off-street parking space or facilities—Revenue
bond financing—Special funds—Use of off-street and on-street parking
revenues: RCW 35.41.010.
35.86.030 Acquisition and disposition of real
property. Such cities are authorized to obtain by lease,
purchase, donation and/or gift, or by eminent domain in the
manner provided by law for the exercise of this power by
cities, such real property for off-street parking as the
legislative bodies thereof determine to be necessary by
ordinance. Such property or any fraction or fractions thereof
may be sold, transferred, exchanged, leased, or otherwise
disposed of by the city when its legislative body has determined by ordinance such property or fraction or fractions
thereof is no longer necessary for off-street parking purposes. [1965 c 7 § 35.86.030. Prior: 1961 c 186 § 3; 1959 c
302 § 3.]
Eminent domain by cities: Chapter 8.12 RCW.
35.86.040 Operation—Leasing. Such cities are
authorized to establish the method of operation of off-street
parking space and/or facilities by ordinance, which may
include leasing or municipal operation. [1975 1st ex.s. c 221
§ 2; 1969 ex.s. c 204 § 13; 1965 c 7 § 35.86.040. Prior:
1959 c 302 § 4.]
Severability—1975 1st ex.s. c 221: See note following RCW
35.86.010.
Severability—1969 ex.s. c 204: See note following RCW
35.86A.010.
(2002 Ed.)
Off-Street Parking Facilities
35.86.045 Operation of parking facilities by cities
prohibited, exception—Bid requirements and procedure.
See RCW 35.86A.120.
35.86.050 Procedure to establish—Plan, surveys,
hearings. In the establishment of off-street parking space
and/or facilities, cities shall proceed with the development of
the plan therefor by making such economic and physical
surveys as are necessary, shall prepare comprehensive plans
therefor, and shall hold a public hearing thereon prior to the
adoption of any ordinances relating to the leasing or acquisition of property and providing for the financing thereof for
this purpose. [1965 c 7 § 35.86.050. Prior: 1959 c 302 §
5.]
35.86.060 Maximum parking fee schedule. The
lease referred to in RCW 35.86.040 shall specify a schedule
of maximum parking fees which the operator may charge.
This maximum parking fee schedule may be modified from
time to time by agreement of the city and the operator.
[1965 c 7 § 35.86.060. Prior: 1959 c 302 § 6.]
35.86.080 Leasing for store space in lieu of undesirable off-street parking facility. Cities are expressly
authorized to lease space which would otherwise be wasted
in an off-street parking facility for store space, both for the
enhancement of civic beauty and aesthetic values and for
revenue which such leasing can provide. [1965 c 7 §
35.86.080. Prior: 1961 c 186 § 4.]
35.86.910 Chapter prevails over inconsistent laws.
Insofar as the provisions of this chapter are inconsistent with
the provisions of any other law, the provisions of this
chapter shall be controlling. [1965 c 7 § 35.86.910. Prior:
1959 c 302 § 9.]
Chapter 35.86A
OFF-STREET PARKING—
PARKING COMMISSIONS
Sections
35.86A.010
35.86A.020
35.86A.030
35.86A.040
35.86A.050
35.86A.060
35.86A.070
35.86A.080
35.86A.090
35.86A.100
35.86A.110
35.86A.120
Declaration.
Authority of cities of first and second class to establish
parking facilities through parking commissions.
Definitions.
Ownership, control and use of parking facilities.
Parking commission—Creation authorized—Purpose—
Membership—Terms—Vacancies—Expenses.
Parking commission—Chairman—Rules—Resolutions.
Powers and authority of parking commission.
New off-street parking facilities—Powers of parking commission and city council.
Powers of cities.
Disposition of revenues—Expenditure procedure.
Excise tax to reimburse taxing authorities for loss of property tax revenue.
Operation of parking facilities—Bid requirements and
procedure.
35.86A.010 Declaration. It is hereby determined and
declared:
(1) The free circulation of traffic of all kinds through
our cities is necessary to the health, safety and general
(2002 Ed.)
35.86.045
welfare of the public, whether residing in, traveling to or
through the cities of this state;
(2) The most efficient use of the street and highway
system requires availability of strategically located parking
for vehicles in localities where large numbers of persons
congregate;
(3) An expanding suburban population has increased
demands for further concentration of uses in central metropolitan areas, necessitating an increasing investment in
streets and highways;
(4) On-street parking is now inadequate, and becomes
increasingly an inefficient and uneconomical method for
temporary storage of vehicles in commercial, industrial and
high-density residential areas, causing such immediate
adverse consequences as the following, among others:
(a) Serious traffic congestion from on-street parking,
which interferes with use of streets for travel, disrupts public
surface transportation at peak hours, impedes rapid and
effective fighting of fires and disposition of police forces,
slows emergency vehicles, and inflicts hardship upon
handicapped persons and others dependent upon private
vehicles for transportation;
(b) On-street parking absorbs right-of-way useful and
usable for travel;
(c) On-street parking reduces the space available for
truck and passenger loading for the abutting properties,
hinders ready access, and impedes cleaning of streets;
(d) Inability to temporarily store automobiles has
discouraged the public from travel to and within our cities,
from congregating at public events, and from using public
facilities.
(5) Insufficient off-street parking has had long-range
results, as the following, among others:
(a) Metropolitan street and highway systems have lost
efficiency and the free circulation of traffic and persons has
been impaired;
(b) The growth and development of metropolitan areas
has been retarded;
(c) Business, industry, and housing has become unnecessarily and uneconomically dispersed;
(d) Limited and valuable land area is under used.
All of which cause loss of payrolls, business and
productivity, and property values, with resulting impairment
of the public health, safety and welfare, the utility of our
streets and highways, and tax revenues;
(6) Establishment of public off-street parking facilities
will promote the public health, safety, convenience, and
welfare, by:
(a) Expediting the movement of the public, and of goods
in metropolitan areas, alleviating traffic congestion, and
preserving the large investment in streets and highways;
(b) Permitting a greater use of public facilities, congregation of the public, and more intensive development of
private property within the community;
(7) Establishment of public off-street parking is a
necessary ancillary to and extension of an efficient street and
highway system in metropolitan areas, as much so as a
station or terminal is to a railroad or urban transit line;
(8) Public off-street parking facilities, open to the public
and owned by a city or town, are and remain a public use
and a public function, irrespective of whether:
(a) Parking fees are charged to users;
[Title 35 RCW—page 279]
35.86A.010
Title 35 RCW: Cities and Towns
(b) The management or operation of one or more
parking facilities is conducted by a public agency, or under
contract or lease by private enterprise; or
(c) A portion of the facilities is used for commercial,
store or automobile accessory purposes;
(9) Public parking facilities under the control of a
parking commission are appropriately treated differently
from other parking facilities of a city. [1969 ex.s. c 204 §
1.]
event of any vacancy, the mayor, subject to confirmation of
the city council, shall make appointments to fill the unexpired portion of the term.
A member may be reappointed, and shall hold office
until his or her successor has been appointed and has
qualified. Members may be removed by the mayor upon
consent of the city council. [1994 c 81 § 65; 1969 ex.s. c
204 § 5.]
Severability—1969 ex.s. c 204: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 204 § 15.]
35.86A.060 Parking commission—Chairman—
Rules—Resolutions. The parking commission shall select
from its members a chairman, and may establish its own
rules, regulations and procedures not inconsistent with this
chapter. No resolution shall be adopted by the parking
commission except upon the concurrence of at least three
members. [1969 ex.s. c 204 § 6.]
35.86A.020 Authority of cities of first and second
class to establish parking facilities through parking
commissions. Cities of the first and second class are
authorized and empowered to establish and maintain public
off-street parking facilities through a parking commission;
the use of property and property rights for such purpose is
declared to be a public use; and parking facilities under the
control of such parking commission shall be governed by the
provisions of this chapter. [1994 c 81 § 64; 1969 ex.s. c
204 § 2.]
35.86A.030 Definitions. (1) "Parking facilities" means
lots, garages, parking terminals, buildings and structures and
accommodations for parking of motor vehicles off the street
or highway, open to public use, with or without charge.
(2) "Parking commission" shall mean the department or
agency created by the legislative authority of the municipality as hereinafter provided.
(3) "City council" shall mean the city council or
legislative authority of the municipality.
(4) "Mayor" shall mean the chief executive officer of
the municipality. [1969 ex.s. c 204 § 3.]
35.86A.040 Ownership, control and use of parking
facilities. Parking facilities established pursuant to this
chapter shall be owned by the city, under the control of the
parking commission (unless relinquished), and for the use of
the public. The provisions of chapter 35.86 RCW as now or
hereafter amended shall not apply to such parking facilities
or other facilities under parking commission control. [1969
ex.s. c 204 § 4.]
35.86A.050 Parking commission—Creation authorized—Purpose—Membership—Terms—Vacancies—
Expenses. Any city of the first or second class may by
ordinance create a parking commission for the purpose of
establishing and operating off-street parking facilities.
Such parking commission shall consist of five members
appointed by the mayor and confirmed by the city council,
who shall serve without compensation but may be reimbursed for necessary expenses. One member of the parking
commission shall be selected from among persons actively
engaged in the private parking industry, if available.
Three of those first appointed shall be designated to
serve for one, two, and three years respectively, and two
shall be designated to serve four years. The terms for all
subsequently appointed members shall be four years. In
[Title 35 RCW—page 280]
35.86A.070 Powers and authority of parking
commission. The parking commission is authorized and
empowered, in the name of the municipality by resolution to:
(1) Own and acquire property and property rights by
purchase, gift, devise, or lease for the construction, maintenance, or operation of off-street parking facilities, or for
effectuating the purpose of this chapter; and accept grants-inaid, including compliance with conditions attached thereto;
(2) Construct, maintain, and operate off-street parking
facilities located on land dedicated for park or civic center
purposes, or on other municipally-owned land where the
primary purpose of such off-street parking facility is to
provide parking for persons who use such park or civic
center facilities, and undertake research, and prepare plans
incidental thereto subject to applicable statutes and charter
provisions for municipal purchases, expenditures, and
improvements; and in addition may own other off-street
parking facilities and operate them in accordance with RCW
35.86A.120: PROVIDED, That the provisions of chapter
35.86 RCW as now or hereafter amended shall not apply to
such construction, operation or maintenance;
(3) Establish and collect parking fees, require that
receipts be provided for parking fees, make exemption for
handicapped persons, lease space for commercial, store,
advertising or automobile accessory purposes, and regulate
prices and service charges, for use of and within and the
aerial space over parking facilities under its control;
(4) Subject to applicable city civil service provisions,
provide for the appointment, removal and control of officers
and employees, and prescribe their duties and compensation,
and to control all equipment and property under the
commission’s jurisdiction;
(5) Contract with private persons and organizations for
the management and/or operation of parking facilities under
its control, and services related thereto, including leasing of
such facilities or portions thereof;
(6) Cause construction of parking facilities as a condition of an operating agreement or lease, derived through
competitive bidding, or in the manner authorized by chapter
35.42 RCW;
(7) Execute and accept instruments, including deeds,
necessary or convenient for the carrying on of its business;
acquire rights to develop parking facilities over or under city
property; and to contract to operate and manage parking
(2002 Ed.)
Off-Street Parking—Parking Commissions
facilities under the jurisdiction of other city departments or
divisions and of other public bodies;
(8) Determine the need for and recommend to the city
council:
(a) The establishment of local improvement districts to
pay the cost of parking facilities or any part thereof;
(b) The issuance of bonds or other financing by the city
for construction of parking facilities;
(c) The acquisition of property and property rights by
condemnation from the public, or in street areas;
(9) Transfer its control of property to the city and
liquidate its affairs, so long as such transfer does not
contravene any covenant or agreement made with the holders
of bonds or other creditors; and
(10) Require payment of the excise tax hereinafter
provided.
Parking fees for parking facilities under the control of
the parking commission shall be maintained commensurate
with and neither higher nor lower than prevailing rates for
parking charged by commercial operators in the general area.
[1980 c 127 § 1; 1975 1st ex.s. c 221 § 3; 1969 ex.s. c 204
§ 7.]
Severability—1975 1st ex.s. c 221: See note following RCW
35.86.010.
35.86A.080 New off-street parking facilities—
Powers of parking commission and city council. (1)
Whenever the parking commission intends to construct new
off-street parking facilities it shall:
(a) Prepare plans for such proposed development, which
shall meet the approval of the planning commission, other
appropriate city planning agency, or city council;
(b) Prepare a report to the city council stating the
proposed method of financing and property acquisition;
(c) Specify the property rights, if any, to be secured
from the public or of property devoted to public use; the
uses of streets necessary therefor, or realignment or vacation
of streets and alleys; the relocation of street utilities; and any
street area to be occupied or closed during construction.
(2) In the event the proposed parking facility shall
require:
(a) Creation of a local improvement district;
(b) Issuance of bonds, allocation or appropriation of
municipal revenues from other sources, or guarantees of or
use of the credit of the municipality;
(c) Exercise of the power of eminent domain; or
(d) Use of, or vacation, realignment of streets and
alleys, or relocation of municipal utilities.
One or more public hearings shall be held thereon
before the city council, or an assigned committee thereof,
which shall report its recommendations to be approved,
revised, or rejected by the city council. Such hearings may
be consolidated with any required hearings for street vacations, or creation of a local improvement district. Pursuant
to such hearing, the city council may:
(1) Create a local improvement district to finance all or
part of the parking facility, in accordance with Title 35
RCW, as now existing or hereinafter amended: PROVIDED,
HOWEVER, That assessments against property within the
district may be measured per lot, per square foot, by property valuation, or any other method as fairly reflects the
special benefits derived therefrom, and credit in calculating
(2002 Ed.)
35.86A.070
the assessment may be allowed for property rights or
services performed;
(2) Provide for issuance of revenue bonds payable from
revenues of the proposed parking facility, from other offstreet parking facilities, on-street meter collections, or
allocations of other sources of funds; issue general obligation
bonds; make reimbursable or nonrefundable appropriations
from the general fund, or reserves; and/or guarantee bonds
issued or otherwise pledge the city’s credit, all in such
combination, and under such terms and conditions as the city
council shall specify;
(3) Authorize acquisition of the necessary property and
property rights by eminent domain proceedings, in the
manner authorized by law for cities in Title 8 RCW:
PROVIDED, That the city council shall first determine that
the proposed parking facility will promote the circulation of
traffic or the more convenient or efficient use by the public
of streets or public facilities in the immediate area than
would exist if the proposed parking facility were not
provided, or that the parking facility otherwise enhances the
public health, safety and welfare; and
(4) Authorize and execute the necessary transfer or
control of property rights; vacate or realign streets and alleys
or permit uses within the same; and direct relocation of
street utilities.
In event none of the four above powers need be
exercised, the city council’s approval of construction plans
shall be deemed full authority to construct and complete the
parking facility. [1969 ex.s. c 204 § 8.]
35.86A.090 Powers of cities. The city may:
(1) Transfer control of off-street parking facilities under
other departments to the parking commission under such
conditions as deemed appropriate;
(2) Issue revenue bonds pursuant to chapter 35.41 RCW,
and RCW *35.24.305, and 35.81.100 as now or hereafter
amended, and such other statutes as may authorize such
bonds for parking facilities authorized herein;
(3) Issue general obligation bonds pursuant to chapters
39.44, 39.52 RCW, and RCW 35.81.115 as now or hereafter
amended, and such other statutes and applicable provisions
of the state Constitution that may authorize such bonds for
parking facilities authorized herein;
(4) Appropriate funds for the parking commission; and
(5) Enact such ordinances as may be necessary to carry
out the provisions of this chapter, notwithstanding any
charter provisions to the contrary. [1969 ex.s. c 204 § 9.]
*Reviser’s note: RCW 35.24.305 was recodified as RCW 35.23.454
pursuant to 1994 c 81 § 90.
35.86A.100 Disposition of revenues—Expenditure
procedure. All revenues received shall be paid to the
municipal treasurer for the credit of the general fund, or such
other funds as may be provided by ordinance.
Expenditures of the parking commission shall be made
in accordance with the budget adopted by the municipality
pursuant to chapter 35.32A RCW. [1969 ex.s. c 204 § 10.]
35.86A.110 Excise tax to reimburse taxing authorities for loss of property tax revenue. Such cities shall pay
to the county treasurer an annual excise tax equal to the
[Title 35 RCW—page 281]
35.86A.110
Title 35 RCW: Cities and Towns
amount which would be paid upon real property devoted to
the purpose of off-street parking, were it in private ownership. This section shall apply to parking facilities acquired
and/or operated under this chapter. The proceeds of such
excise tax shall be allocated by the county treasurer to the
various taxing authorities in which such property is situated,
in the same manner as though the property were in private
ownership. [1969 ex.s. c 204 § 11.]
35.86A.120 Operation of parking facilities—Bid
requirements and procedure. Except for off-street parking
facilities situated on real property leased or rented to a city
and not used for park and civic center parking, cities may
operate off-street parking facilities with city forces. Leased
or rented off-street parking facilities shall be operated by
responsible, experienced private operators of such facilities.
The call for bids shall specify the terms and conditions under
which the facility will be leased for private operation. The
call for bids shall specify the time and place at which the
bids will be received and the time and when the same will
be opened, and such call shall be advertised once a week for
two successive weeks before the time fixed for the filing of
bids in a newspaper of general circulation in the city. If no
bid is received for the operation of such an off-street parking
facility, or if the bids received are not satisfactory, the
legislative body of the city may reject such bids and shall
readvertise the facility for lease. In the event that no bids or
no satisfactory bids shall have been received following the
second advertising, the city may negotiate with a private
operator for the operation of the facility without competitive
bidding. In the event the city shall be unable to negotiate
for satisfactory private operation within a reasonable time,
the city may operate the facility for a period not to exceed
three years, at which time it shall readvertise as provided
above in this section. [1980 c 127 § 2; 1975 1st ex.s. c 221
§ 4; 1969 ex.s. c 204 § 12.]
Severability—1975 1st ex.s. c 221: See note following RCW
35.86.010.
Chapter 35.87
PARKING FACILITIES—CONVEYANCE OF LAND
FOR IN CITIES OVER 300,000
Sections
35.87.010
35.87.020
35.87.030
35.87.040
Sale, lease or conveyance of real property for free public
parking authorized—"Municipality" defined.
Notice of intention to sell, lease or convey real property in
business area—Posting—Publication—Preference right
to purchase or lease.
Consideration, terms and conditions—Reversion.
RCW 35.87.020 inapplicable to sale, lease or conveyance to
federal government or agency or to the state or any
county, city or political subdivision.
35.87.010 Sale, lease or conveyance of real property
for free public parking authorized—"Municipality"
defined. Any municipality may sell, lease or convey any
real property located in an area zoned to permit the operation
of retail business, when such property is no longer needed
for the use or purposes of the municipality, to any private
corporation or association established to develop and
maintain free public parking facilities. "Municipality" as
[Title 35 RCW—page 282]
used in RCW 35.87.010 through 35.87.040, means any city
with a population over three hundred thousand and any
municipal corporation or other political subdivision located
within the boundaries of such city. [1967 ex.s. c 144 § 2.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
35.87.020 Notice of intention to sell, lease or convey
real property in business area—Posting—Publication—
Preference right to purchase or lease. Before any municipality may sell, lease or convey any real property located in
an area zoned to permit the operation of retail business, it
shall post in a conspicuous place on such property and
publish in the official newspaper for the county in which
such property is located for fifteen days prior to such sale,
lease or conveyance a notice giving the legal description of
such property and disclosing an intention to sell, lease or
convey such property; and it shall offer in its notice, and
shall give, the first right of purchase or lease of the whole or
any part of such property to any private corporation or
association (1) established to develop and maintain free
public parking facilities and (2) which agrees to dedicate
such property for free public parking. [1967 ex.s. c 144 §
3.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
35.87.030 Consideration, terms and conditions—
Reversion. A sale, lease or conveyance to such corporation
or association may be made for such consideration and on
such terms and conditions as the municipality deems
appropriate: PROVIDED, That the price charged such
corporation or association shall not be in excess of the fair
market value of such property: PROVIDED FURTHER,
That all deeds, leases and other instruments of conveyance
shall incorporate a reversion to the municipality of the
property or property interest so deeded, leased or conveyed,
in the event that such property should no longer be used as
a free public parking facility. [1967 ex.s. c 144 § 4.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
35.87.040 RCW 35.87.020 inapplicable to sale, lease
or conveyance to federal government or agency or to the
state or any county, city or political subdivision. The
provisions of RCW 35.87.020 shall not apply to any sale,
lease or conveyance to the federal government or to any
agency thereof, or to the state or any agency, county, city,
town or other political subdivision of this state. [1967 ex.s.
c 144 § 5.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Chapter 35.87A
PARKING AND BUSINESS IMPROVEMENT AREAS
Sections
35.87A.010
35.87A.020
35.87A.030
35.87A.040
35.87A.050
Authorized—Purposes—Special assessments.
Definitions.
Initiation petition or resolution—Contents.
Resolution of intention to establish—Contents—Hearing.
Notice of hearing.
(2002 Ed.)
Parking and Business Improvement Areas
35.87A.060
35.87A.070
35.87A.075
35.87A.080
35.87A.090
35.87A.100
35.87A.110
35.87A.120
35.87A.130
35.87A.140
35.87A.150
35.87A.160
35.87A.170
35.87A.180
35.87A.190
35.87A.200
35.87A.210
35.87A.220
35.87A.900
Assessments
Hearings.
Change of boundaries.
Modification of boundaries.
Special assessments—Legislative authority may make reasonable classifications—Assessments for separate purposes.
Special assessments—Same basis or rate for classes not
required—Factors as to parking facilities.
Ordinance to establish—Adoption—Contents.
Use of revenue—Contracts to administer operation of area.
Use of assessment proceeds restricted.
Collection of assessments.
Changes in assessment rates.
Benefit zones—Authorized—Rates.
Benefit zones—Establishment, modification and disestablishment of area provisions and procedure to be followed.
Exemption period for new businesses and projects.
Disestablishment of area—Hearing.
Disestablishment of area—Assets and liabilities.
Bids required—Monetary amount.
Computing cost of improvement for bid requirement.
Existing laws not affected—Chapter supplemental—
Purposes may be accomplished in conjunction with
other methods.
Severability—1971 ex.s. c 45.
and charges against state lands: Chapter 79.44 RCW.
35.87A.010 Authorized—Purposes—Special assessments. To aid general economic development and neighborhood revitalization, and to facilitate the cooperation of
merchants, businesses, and residential property owners which
assists trade, economic viability, and liveability, the legislature hereby authorizes all counties and all incorporated cities
and towns, including unclassified cities and towns operating
under special charters:
(1) To establish, after a petition submitted by the
operators responsible for sixty percent of the assessments by
businesses and multifamily residential or mixed-use projects
within the area, parking and business improvement areas,
hereafter referred to as area or areas, for the following
purposes:
(a) The acquisition, construction or maintenance of
parking facilities for the benefit of the area;
(b) Decoration of any public place in the area;
(c) Sponsorship or promotion of public events which are
to take place on or in public places in the area;
(d) Furnishing of music in any public place in the area;
(e) Providing professional management, planning, and
promotion for the area, including the management and
promotion of retail trade activities in the area; or
(f) Providing maintenance and security for common,
public areas.
(2) To levy special assessments on all businesses and
multifamily residential or mixed-use projects within the area
and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs
incurred therein as provided in this chapter. [2000 c 201 §
1; 1993 c 429 § 1; 1985 c 128 § 1; 1981 c 279 § 1; 1971
ex.s. c 45 § 1.]
35.87A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Business" means all types of business, including
professions.
(2002 Ed.)
Chapter 35.87A
(2) "Legislative authority" means the legislative authority of any city or town including unclassified cities or towns
operating under special charters or the legislative authority
of any county.
(3) "Multifamily residential or mixed-use project" means
any building or buildings containing four or more residential
units or a combination of residential and commercial units,
whether title to the entire property is held in single or
undivided ownership or title to individual units is held by
owners who also, directly or indirectly through an association, own real property in common with the other unit
owners.
(4) "Residential operator" means the owner or operator
of a multifamily residential or mixed-use project if title is
held in single or undivided ownership, or, if title is held in
a form of common interest ownership, the association of unit
owners, condominium association, homeowners’ association,
property owners’ association, or residential cooperative
corporation. [1993 c 429 § 2; 1971 ex.s. c 45 § 2.]
35.87A.030 Initiation petition or resolution—
Contents. For the purpose of establishing a parking and
business improvement area, an initiation petition may be
presented to the legislative authority having jurisdiction of
the area in which the proposed parking and business improvement area is to be located or the legislative authority
may by resolution initiate a parking and business improvement area. The initiation petition or resolution shall contain
the following:
(1) A description of the boundaries of the proposed
area;
(2) The proposed uses and projects to which the
proposed special assessment revenues shall be put and the
total estimated cost thereof;
(3) The estimated rate of levy of special assessment
with a proposed breakdown by class of business and multifamily residential or mixed-use project if such classification
is to be used.
The initiating petition shall also contain the signatures
of the persons who operate businesses and residential
operators in the proposed area which would pay fifty percent
of the proposed special assessments. [1993 c 429 § 3; 1971
ex.s. c 45 § 3.]
35.87A.040 Resolution of intention to establish—
Contents—Hearing. The legislative authority, after receiving a valid initiation petition or after passage of an initiation
resolution, shall adopt a resolution of intention to establish
an area. The resolution shall state the time and place of a
hearing to be held by the legislative authority to consider
establishment of an area and shall restate all the information
contained in the initiation petition or initiation resolution
regarding boundaries, projects and uses, and estimated rates
of assessment. [1971 ex.s. c 45 § 4.]
35.87A.050 Notice of hearing. Notice of a hearing
held under the provisions of this chapter shall be given by:
(1) One publication of the resolution of intention in a
newspaper of general circulation in the city; and
(2) Mailing a complete copy of the resolution of
intention to each business and multifamily residential or
[Title 35 RCW—page 283]
35.87A.050
Title 35 RCW: Cities and Towns
mixed-use project in the proposed, or established, area.
Publication and mailing shall be completed at least ten days
prior to the time of the hearing. [1993 c 429 § 4; 1971 ex.s.
c 45 § 5.]
35.87A.060 Hearings. Whenever a hearing is held
under this chapter, the legislative authority shall hear all
protests and receive evidence for or against the proposed
action. The legislative authority may continue the hearing
from time to time. Proceedings shall terminate if protest is
made by businesses and residential operators in the proposed
area which would pay a majority of the proposed special
assessments. [1993 c 429 § 5; 1971 ex.s. c 45 § 6.]
35.87A.070 Change of boundaries. If the legislative
authority decides to change the boundaries of the proposed
area, the hearing shall be continued to a time at least fifteen
days after such decision and notice shall be given as prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of intention is required. [1971 ex.s.
c 45 § 7.]
35.87A.075 Modification of boundaries. (1) The
legislative authority may modify the boundaries of a parking
and business improvement area by ordinance, adopted after
a hearing before the legislative authority. The legislative
authority may modify an area either by expanding or
reducing the existing boundaries. If the modification to the
boundaries is to expand existing boundaries, the expansion
area must be adjacent to an existing boundary. A modification to an existing boundary may occur no more than once
per year and may not affect an area with a projected assessment fee greater than ten percent of the current assessment
role for the existing area. If the modification of an area
results in the boundary being expanded, the assessments for
the new area shall be established pursuant to RCW
35.87A.080 and 35.87A.090 and any other applicable
provision of this chapter.
(2) The legislative authority shall adopt a resolution of
intention to modify the boundaries of an area at least fifteen
days prior to the hearing required in subsection (1) of this
section. The resolution shall specify the proposed modification and shall give the time and place of the hearing. Notice
of the hearing shall be made in accordance with RCW
35.87A.050. [2002 c 69 § 1.]
35.87A.080 Special assessments—Legislative
authority may make reasonable classifications—
Assessments for separate purposes. For purposes of the
special assessments to be imposed pursuant to this chapter,
the legislative authority may make a reasonable classification
of businesses and multifamily residential or mixed-use
projects, giving consideration to various factors such as
business and occupation taxes imposed, square footage of the
business, number of employees, gross sales, or any other
reasonable factor relating to the benefit received, including
the degree of benefit received from parking. Whenever it is
proposed that a parking and business improvement area
provide more than one of the purposes listed in RCW
35.87A.010, special assessments may be imposed in a
manner that measures benefit from each of the separate
[Title 35 RCW—page 284]
purposes, or any combination of the separate purposes.
Special assessments shall be imposed and collected annually,
or on another basis specified in the ordinance establishing
the parking and business improvement area. [1993 c 429 §
6; 1985 c 128 § 2; 1981 c 279 § 2; 1971 ex.s. c 45 § 8.]
35.87A.090 Special assessments—Same basis or rate
for classes not required—Factors as to parking facilities.
The special assessments need not be imposed on different
classes of business and multifamily residential or mixed-use
projects, as determined pursuant to RCW 35.87A.080, on the
same basis or the same rate. The special assessments
imposed for the purpose of the acquisition, construction or
maintenance of parking facilities for the benefit of the area
shall be imposed on the basis of benefit determined by the
legislative authority after giving consideration to the total
cost to be recovered from the businesses and multifamily
residential or mixed-use projects upon which the special
assessment is to be imposed, the total area within the
boundaries of the parking and business improvement area,
the assessed value of the land and improvements within the
area, the total business volume generated within the area and
within each business, and such other factors as the legislative
authority may find and determine to be a reasonable measure
of such benefit. [1993 c 429 § 7; 1971 ex.s. c 45 § 9.]
35.87A.100 Ordinance to establish—Adoption—
Contents. If the legislative authority, following the hearing,
decides to establish the proposed area, it shall adopt an
ordinance to that effect. This ordinance shall contain the
following information:
(1) The number, date and title of the resolution of
intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning
the formation of such area;
(3) The description of the boundaries of such area;
(4) A statement that the businesses and multifamily
residential or mixed-use projects in the area established by
the ordinance shall be subject to the provisions of the special
assessments authorized by RCW 35.87A.010;
(5) The initial or additional rate or levy of special
assessment to be imposed with a breakdown by classification
of business and multifamily residential or mixed-use project,
if such classification is used; and
(6) A statement that a parking and business improvement area has been established.
(7) The uses to which the special assessment revenue
shall be put. Uses shall conform to the uses as declared in
the initiation petition presented pursuant to RCW
35.87A.030. [1993 c 429 § 8; 1971 ex.s. c 45 § 10.]
35.87A.110 Use of revenue—Contracts to administer operation of area. The legislative authority of each city
or town or county shall have sole discretion as to how the
revenue derived from the special assessments is to be used
within the scope of the purposes; however, the legislative
authority may appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new advisory board or commission for the purpose.
(2002 Ed.)
Parking and Business Improvement Areas
The legislative authority may contract with a chamber of commerce or other similar business association
operating primarily within the boundaries of the legislative
authority to administer the operation of a parking and
business improvement area, including any funds derived
pursuant thereto: PROVIDED, That such administration
must comply with all applicable provisions of law including
this chapter, with all county, city, or town resolutions and
ordinances, and with all regulations lawfully imposed by the
state auditor or other state agencies. [1971 ex.s. c 45 § 11.]
35.87A.120 Use of assessment proceeds restricted.
The special assessments levied hereunder must be for the
purposes specified in the ordinances and the proceeds shall
not be used for any other purpose. [1971 ex.s. c 45 § 12.]
35.87A.130 Collection of assessments. Collections of
assessments imposed pursuant to this chapter shall be made
at the same time and in the same manner as otherwise
prescribed by Title 35 RCW or in such other manner as the
legislative authority shall determine. [1971 ex.s. c 45 § 13.]
35.87A.140 Changes in assessment rates. Changes
may be made in the rate or additional rate of special assessment as specified in the ordinance establishing the area, by
ordinance adopted after a hearing before the legislative
authority.
The legislative authority shall adopt a resolution of
intention to change the rate or additional rate of special
assessment at least fifteen days prior to the hearing required
by this section. This resolution shall specify the proposed
change and shall give the time and place of the hearing.
Proceedings to change the rate or impose an additional rate
of special assessments shall terminate if protest is made by
businesses or multifamily residential or mixed-use projects
in the proposed area which would pay a majority of the
proposed increase or additional special assessments. [1993
c 429 § 9; 1971 ex.s. c 45 § 14.]
35.87A.150 Benefit zones—Authorized—Rates. The
legislative authority may, for each of the purposes set out in
RCW 35.87A.010, establish and modify one or more
separate benefit zones based upon the degree of benefit
derived from the purpose and may impose a different rate of
special assessment within each such benefit zone. [1971
ex.s. c 45 § 15.]
35.87A.160 Benefit zones—Establishment, modification and disestablishment of area provisions and procedure to be followed. All provisions of this chapter applicable to establishment or disestablishment of an area also apply
to the establishment, modification, or disestablishment of
benefit zones pursuant to *RCW 35.87A.150. The establishment or the modification of any such zone shall follow the
same procedure as provided for the establishment of a
parking and business improvement area and the disestablishment shall follow the same procedure as provided for
disestablishment of an area. [1971 ex.s. c 45 § 16.]
*Reviser’s note: "RCW 35.87A.150" has been translated from
"section 13 of this act," as the reference to section 13, herein codified as
RCW 35.87A.130, was apparently erroneous.
(2002 Ed.)
35.87A.110
35.87A.170 Exemption period for new businesses
and projects. Businesses or multifamily residential or
mixed-use projects established after the creation of an area
within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not
exceeding one year from the date they commenced business
in the area. [1993 c 429 § 10; 1971 ex.s. c 45 § 17.]
35.87A.180 Disestablishment of area—Hearing. The
legislative authority may disestablish an area by ordinance
after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing
required by this section. The resolution shall give the time
and place of the hearing. [1971 ex.s. c 45 § 18.]
35.87A.190 Disestablishment of area—Assets and
liabilities. Upon disestablishment of an area, any proceeds
of the special assessments, or assets acquired with such
proceeds, or liabilities incurred as a result of the formation
of such area, shall be subject to disposition as the legislative
authority shall determine: PROVIDED, HOWEVER, Any
liabilities, either current or future, incurred as a result of
action taken to accomplish the purposes of RCW 35.87A.010
shall not be an obligation of the general fund or any special
fund of the city or town, but such liabilities shall be provided for entirely from available revenue generated from the
projects or facilities authorized by RCW 35.87A.010 or from
special assessments on the property specially benefited
within the area. [1971 ex.s. c 45 § 19.]
35.87A.200 Bids required—Monetary amount. Any
city or town or county authorized by this chapter to establish
a parking improvement area shall call for competitive bids
by appropriate public notice and award contracts, whenever
the estimated cost of such work or improvement, including
cost of materials, supplies and equipment, exceeds the sum
of two thousand five hundred dollars. [1971 ex.s. c 45 §
20.]
35.87A.210 Computing cost of improvement for bid
requirement. The cost of the improvement for the purposes
of this chapter shall be aggregate of all amounts to be paid
for the labor, materials and equipment on one continuous or
inter-related project where work is to be performed simultaneously or in near sequence. Breaking an improvement into
small units for the purposes of avoiding the minimum dollar
amount prescribed in RCW 35.87A.200 is contrary to public
policy and is prohibited. [1971 ex.s. c 45 § 21.]
35.87A.220 Existing laws not affected—Chapter
supplemental—Purposes may be accomplished in conjunction with other methods. This chapter providing for
parking and business improvement areas shall not be deemed
or construed to affect any existing act, or any part thereof,
relating to special assessments or other powers of counties,
cities and towns, but shall be supplemental thereto and
concurrent therewith.
The purposes and functions of parking and business
improvement areas as set forth by the provisions of this
chapter may be accomplished in part by the establishment of
[Title 35 RCW—page 285]
35.87A.220
Title 35 RCW: Cities and Towns
an area pursuant to this chapter and in part by any other
method otherwise provided by law, including provisions for
local improvements. [1971 ex.s. c 45 § 22.]
35.87A.900 Severability—1971 ex.s. c 45. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provisions to other persons or circumstances is not affected. [1971 ex.s. c 45 § 23.]
Chapter 35.88
WATER POLLUTION—PROTECTION FROM
Sections
35.88.010
35.88.020
35.88.030
35.88.040
35.88.050
35.88.060
35.88.070
35.88.080
Authority over sources of supply.
Enforcement of ordinance—Special police.
Pollution declared to be a nuisance—Abatement.
Pollution as criminal nuisance—Punishment.
Prosecution—Trial—Abatement of nuisance.
Health officers and mayor must enforce.
Injunction proceeding.
Inland cities over 100,000—Discharge of sewage and other
discharges prohibited—Nuisance.
35.88.090 Inland cities over 100,000—Investigation of disposal systems by secretary of social and health services.
Furnishing impure water: RCW 70.54.020.
Pollution of watershed or source of drinking water: RCW 70.54.010,
70.54.030.
Sewerage improvement districts: Chapter 85.08 RCW.
Water-sewer districts: Title 57 RCW.
35.88.010 Authority over sources of supply. For the
purpose of protecting the water furnished to the inhabitants
of cities and towns from pollution, cities and towns are given
jurisdiction over all property occupied by the works, reservoirs, systems, springs, branches and pipes, by means of
which, and of all the lakes, rivers, springs, streams, creeks,
or tributaries constituting the sources of supply from which
the cities and towns or the companies or individuals furnishing water to the inhabitants thereof obtain their supply of
water, or store or conduct it, and over all property acquired
for any of the foregoing works or purposes or for the
preservation and protection of the purity of the water supply,
and over all property within the areas draining into the lakes,
rivers, springs, streams, creeks, or tributaries constituting the
sources of supply whether they or any of them are within the
city or town limits or outside. [1965 c 7 § 35.88.010. Prior:
1907 c 227 § 1, part; 1899 c 70 § 1, part; RRS § 9473,
part.]
35.88.020 Enforcement of ordinance—Special
police. Every city and town may by ordinance prescribe
what acts shall constitute offenses against the purity of its
water supply and the punishment or penalties therefor and
enforce them. The mayor of each city and town may
appoint special policemen, with such compensation as the
city or town may fix, who shall, after taking oath, have the
powers of constables, and who may arrest with or without
warrant any person committing, within the territory over
which any city or town is given jurisdiction by this chapter,
any offense declared by law or by ordinance, against the
purity of the water supply, or which violate any rule or
[Title 35 RCW—page 286]
regulation lawfully promulgated by the state board of health
for the protection of the purity of such water supply. Every
special policeman whose appointment is authorized herein
may take any person arrested for any such offense or
violation before any court having jurisdiction thereof to be
proceeded with according to law. Every such special
policeman shall, when on duty wear in plain view a badge
or shield bearing the words "special police" and the name of
the city or town by which he has been appointed. [1965 c
7 § 35.88.020. Prior: 1907 c 227 § 1, part; 1899 c 70 § 1,
part; RRS § 9473, part.]
35.88.030 Pollution declared to be a nuisance—
Abatement. The establishment or maintenance of any
slaughter pens, stock feeding yards, hogpens, or the deposit
or maintenance of any uncleanly or unwholesome substance,
or the conduct of any business or occupation, or the allowing
of any condition upon or sufficiently near the (1) sources
from which the supply of water for the inhabitants of any
city or town is obtained, or (2) where its water is stored, or
(3) the property or means through which the same may be
conveyed or conducted so that such water would be polluted
or the purity of such water or any part thereof destroyed or
endangered, is prohibited and declared to be unlawful, and
is declared to constitute a nuisance, and may be abated as
other nuisances are abated. [1965 c 7 § 35.88.030. Prior:
1899 c 70 § 2, part; RRS § 9474, part.]
35.88.040 Pollution as criminal nuisance—
Punishment. Any person who does, establishes, maintains,
or creates any of the things which have the effect of polluting any such sources of water supply, or water, and any
person who does any of the things in RCW 35.88.030
declared to be unlawful, shall be deemed guilty of creating
and maintaining a nuisance, and may be prosecuted therefor,
and upon conviction thereof may be fined in any sum not
exceeding five hundred dollars. [1965 c 7 § 35.88.040.
Prior: 1899 c 70 § 2, part; RRS § 9474, part.]
Nuisance: Chapter 9.66 RCW.
35.88.050 Prosecution—Trial—Abatement of
nuisance. If upon the trial of any person for the violation
of any of the provisions of this chapter he is found guilty of
creating or maintaining a nuisance or of violating any of the
provisions of this chapter, he shall forthwith abate the
nuisance, and if he fails so to do within one day after such
conviction, unless further time is granted by the court, a
warrant shall be issued by the court wherein the conviction
was obtained, directed to the sheriff of the county in which
such nuisance exists and the sheriff shall forthwith proceed
to abate the said nuisance and the cost thereof shall be taxed
against the person so convicted as a part of the costs of such
case. [1965 c 7 § 35.88.050. Prior: 1899 c 70 § 3; RRS §
9475.]
35.88.060 Health officers and mayor must enforce.
The city health officer, city physician, board of public health,
mayor, or any other officer, who has the sanitary condition
of the city or town in charge, shall see that the provisions of
this chapter are enforced and upon complaint being made to
any such officer of an alleged violation, he shall immediately
(2002 Ed.)
Water Pollution—Protection From
investigate the said complaint and if the same appears to be
well founded he shall file a complaint against the person or
persons violating any of the provisions of this chapter and
cause their arrest and prosecution. [1965 c 7 § 35.88.060.
Prior: 1899 c 70 § 4; RRS § 9476.]
35.88.070 Injunction proceeding. If any provision of
this chapter is being violated, the city or town supplied with
the water or a corporation owning waterworks for the
purpose of supplying the city or town or the inhabitants
thereof with water may, by civil action in the superior court
of the proper county, have the maintenance of the nuisance
which pollutes or tends to pollute the said water, enjoined
and such injunction may be perpetual. [1965 c 7 §
35.88.070. Prior: 1899 c 70 § 5; RRS § 9477.]
35.88.080 Inland cities over 100,000—Discharge of
sewage and other discharges prohibited—Nuisance. Any
city not located on tidewater, having a population of one
hundred thousand or more, is hereby prohibited from
discharging, draining or depositing, or causing to be discharged, drained or deposited, any sewage, garbage, feculent
matter, offal, refuse, filth, or any animal, mineral, or
vegetable matter or substance, offensive, injurious or
dangerous to health, into any springs, streams, rivers, lakes,
tributaries thereof, wells, or into any subterranean or other
waters used or intended to be used for human or animal
consumption or for domestic purposes.
Anything done, maintained, or suffered, in violation of
any of the provisions of this section, shall be deemed to be
a public nuisance, and may be summarily abated as such by
any court of competent jurisdiction at the suit of the secretary of social and health services or any person whose
supply of water for human or animal consumption or for
domestic purposes is or may be affected. [1979 c 141 § 40;
1965 c 7 § 35.88.080. Prior: (i) 1941 c 186 § 1; Rem.
Supp. 1941 § 9354-1. (ii) 1941 c 186 § 3; Rem. Supp. 1941
§ 9354-3.]
Nuisance: Chapter 9.66 RCW.
35.88.090 Inland cities over 100,000—Investigation
of disposal systems by secretary of social and health
services. The secretary of social and health services shall
have the power, and it shall be his duty, to investigate the
system of disposal of sewage, garbage, feculent matter, offal,
refuse, filth, or any animal, mineral, or vegetable matter or
substance, by cities not located on tidewater, having a
population of one hundred thousand or more, and if he shall
determine upon investigation that any such system or
systems of disposal is or may be injurious or dangerous to
health, he shall have the power, and it shall be his duty, to
order such city or cities to provide for, construct, and
maintain a system or systems of disposal which will not be
injurious or dangerous to health. [1979 c 141 § 41; 1965 c
7 § 35.88.090. Prior: 1941 c 186 § 2; Rem. Supp. 1941 §
9354-2.]
35.88.060
Chapter 35.89
WATER REDEMPTION BONDS
Sections
35.89.010 Authority to issue water redemption bonds.
35.89.020 Bonds—Terms—Execution—Rights of owner.
35.89.030 Bonds exchange—Subrogation.
35.89.040 Water redemption fund—Creation.
35.89.050 Water redemption fund—Sources.
35.89.060 Water redemption fund—Trust fund.
35.89.070 Payment of interest on bonds.
35.89.080 Payment of principal of bonds.
35.89.090 Violations—Penalties—Personal liability.
35.89.100 Water systems—What included.
Water-sewer districts: Title 57 RCW.
35.89.010 Authority to issue water redemption
bonds. If a public water system has been constructed within
any local improvement district of any city or town for the
construction of which bonds of the local improvement
district were issued and are outstanding and unpaid, and if
the city or town has taken over the system or is operating it
as a public utility or has incorporated it into or connected it
with any system operated by city or town as a public utility,
from the operation of which such city or town derives a
revenue, the city or town may by resolution of its council
authorize the issue of bonds to an amount not exceeding the
amount of the local improvement bonds issued for the
construction of the water system then outstanding and unpaid
with interest due and unpaid, and may redeem the outstanding local improvement bonds by exchanging therefor an
equal amount at par of the bonds authorized by this chapter.
The new bonds shall be called water redemption bonds.
[1965 c 7 § 35.89.010. Prior: (i) 1929 c 85 § 1; 1923 c 52
§ 1; RRS § 9154-1. (ii) 1923 c 52 § 2, part; RRS § 9154-2,
part.]
35.89.020 Bonds—Terms—Execution—Rights of
owner. (1) Water redemption bonds shall be in denominations of not more than one thousand nor less than one
hundred dollars each, and shall bear interest at a rate or rates
as authorized by the city or town council, payable semiannually, and shall bear a serial number and shall be signed by
the mayor of the city or town and shall be otherwise
executed in such manner and payable at such time and place
not exceeding twenty years after the date of issue as the city
or town council shall determine and such bonds shall be
payable only out of the special fund created by authority of
this chapter and shall be a valid claim of the owner thereof
only against that fund and the fixed portion or amount of the
revenues of the water system pledged to the fund, and shall
not constitute an indebtedness of the city or town. Such
bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 66; 1970 ex.s. c 56 § 46; 1969
ex.s. c 232 § 23; 1965 c 7 § 35.89.020. Prior: 1923 c 52 §
2, part; RRS § 9154-2, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
(2002 Ed.)
[Title 35 RCW—page 287]
35.89.020
Title 35 RCW: Cities and Towns
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
35.89.030 Bonds exchange—Subrogation. Water
redemption bonds issued under the authority of this chapter
shall only be sold or disposed of in exchange for an equal
amount in par value of principal and interest of the local
improvement district bonds issued for the construction of
water systems taken over and operated by the city or town,
or incorporated into or connected with a water system
operated by it.
Upon the exchange of the water redemption bonds
authorized by this chapter for local improvement district
bonds the city or town shall be subrogated to all the rights
of the owners and holders of such local improvement district
bonds against the property of the local improvement district
and against any person or corporation liable thereon.
Any money derived by the city or town from the sale or
enforcement of such local improvement district bonds shall
be paid into the city’s water redemption fund. [1965 c 7 §
35.89.030. Prior: 1923 c 52 § 3; RRS § 9154-3.]
35.89.040 Water redemption fund—Creation. The
city or town council before issuing water redemption bonds
shall by ordinance establish a fund for the payment of the
bonds at maturity and of interest thereon as it matures to be
designated the water redemption fund. [1965 c 7 §
35.89.040. Prior: 1923 c 52 § 4; RRS § 9154-4.]
35.89.050 Water redemption fund—Sources. Every
city and town shall have power to regulate and control the
use and price of water supplied through a water system taken
over from a local improvement district.
It shall establish such rates and charges for the water as
shall be sufficient after providing for the operation and
maintenance of the system to provide for the payment of the
water redemption bonds at maturity and of interest thereon
as it matures, and such portion shall be included in and
collected as a part of the charges made by such city or town
for water supplied through such water system and such
portion shall be paid into the water redemption fund. [1965
c 7 § 35.89.050. Prior: 1923 c 52 § 5; RRS § 9154-5.]
35.89.060 Water redemption fund—Trust fund. All
moneys paid into or collected for the water redemption fund
shall be used for the payment of principal and interest of the
water redemption bonds issued under the authority of this
chapter and no part thereof while any of said bonds are
outstanding and unpaid, shall be diverted to any other fund
or use: PROVIDED, That when both principal and interest
on all water redemption bonds issued and outstanding have
been paid, any unexpended balance remaining in the fund
may be transferred to the general fund or such other fund as
the city or town council may direct. [1965 c 7 § 35.89.060.
Prior: 1923 c 52 § 8; RRS § 9154-8.]
35.89.070 Payment of interest on bonds. The
treasurer of such city or town shall pay the interest on the
water redemption bonds authorized by this chapter out of the
money in the water redemption fund. [1965 c 7 § 35.89.070.
Prior: 1923 c 52 § 6; RRS § 9154-6.]
[Title 35 RCW—page 288]
35.89.080 Payment of principal of bonds. Whenever
there is sufficient money in the water redemption fund, over
and above the amount that will be required to pay the
interest on the bonds up to the time of maturity of the next
interest payment, to pay the principal of one or more bonds,
the city or town treasurer shall call in and pay such bonds.
The bonds shall be called and paid in their numerical order,
and the call shall be made by publication in the official
newspaper of the city or town. The call shall state the total
amount and the serial number or numbers of the bonds
called and that they will be paid on the date when the next
semiannual payment of interest will be due, and that interest
on the bonds called will cease from such date. [1965 c 7 §
35.89.080. Prior: 1923 c 52 § 7; RRS § 9154-7.]
35.89.090 Violations—Penalties—Personal liability.
Every ordinance, resolution, order, or action of the council,
board, or officer of any city or town, and every warrant or
other instrument made, issued, passed or done in violation of
the provisions of this chapter shall be void.
Every officer, agent, employee, or member of the
council of the city or town, and every person or corporation
who shall knowingly commit any violation of the provisions
of this chapter or knowingly aid in such violation, shall be
liable to the city or town for all money transferred, diverted
or paid out in violation thereof and such liability shall attach
to and be enforceable against the official bond, if any, of
such official agent, employee, or member of the council.
[1965 c 7 § 35.89.090. Prior: 1923 c 52 § 9; RRS § 91549.]
35.89.100 Water systems—What included. The term
"water system" as used in this chapter shall include and be
applicable to all reservoirs, storage and clarifying tanks,
conduits, mains, laterals, pipes, hydrants and other equipment
used or constructed for the purpose of supplying water for
public or domestic use, and shall include not only water
systems constructed by local improvement districts, but also
any system with which the same may be incorporated or
connected. [1965 c 7 § 35.89.100. Prior: 1923 c 52 § 10;
RRS § 9154-10.]
Chapter 35.91
MUNICIPAL WATER AND SEWER
FACILITIES ACT
Sections
35.91.010
35.91.020
Declaration of purpose—Short title.
Contracts with owners of real estate for water or sewer facilities—Reimbursement of costs by subsequent users.
35.91.025 Extension outside city subject to review by boundary review
board.
35.91.030 Approval and acceptance of facilities by municipality—
Rates, costs.
35.91.040 Contract payment to be made prior to tap, connection, or
use—Removal of tap or connection.
35.91.050 Owner’s pro rata share of cost to which he did not contribute.
Water-sewer districts: Title 57 RCW.
35.91.010 Declaration of purpose—Short title. The
improvement of public health and the implementation of
(2002 Ed.)
Municipal Water and Sewer Facilities Act
both urban and rural development being furthered by
adequate and comprehensive water facilities and storm and
sanitary sewer systems, and there being a need for legislation
enabling such aids to the welfare of the state, there is hereby
enacted the "municipal water and sewer facilities act." [1965
c 7 § 35.91.010. Prior: 1959 c 261 § 1.]
35.91.020 Contracts with owners of real estate for
water or sewer facilities—Reimbursement of costs by
subsequent users. The governing body of any city, town,
county, water-sewer district, or drainage district, hereinafter
referred to as a "municipality" may contract with owners of
real estate for the construction of storm, sanitary, or combination sewers, pumping stations, and disposal plants, water
mains, hydrants, reservoirs, or appurtenances, hereinafter
called "water or sewer facilities," within their boundaries or
(except for counties) within ten miles from their corporate
limits connecting with the public water or sewerage system
to serve the area in which the real estate of such owners is
located, and to provide for a period of not to exceed fifteen
years for the reimbursement of such owners and their assigns
by any owner of real estate who did not contribute to the
original cost of such water or sewer facilities and who
subsequently tap onto or use the same of a fair pro rata share
of the cost of the construction of said water or sewer
facilities, including not only those directly connected thereto,
but also users connected to laterals or branches connecting
thereto, subject to such reasonable rules and regulations as
the governing body of such municipality may provide or
contract, and notwithstanding the provisions of any other
law. To the extent it may require in the performance of
such contract, such municipality may install said water or
sewer facilities in and along the county streets in the area to
be served as hereinabove provided, subject to such reasonable requirements as to the manner of occupancy of such
streets as the county may by resolution provide. The
provisions of such contract shall not be effective as to any
owner of real estate not a party thereto unless such contract
has been recorded in the office of the county auditor of the
county in which the real estate of such owner is located prior
to the time such owner taps into or connects to said water or
sewer facilities. [1999 c 153 § 38; 1981 c 313 § 11; 1967
c 113 § 1; 1965 c 7 § 35.91.020. Prior: 1959 c 261 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Severability—1981 c 313: See note following RCW 36.94.020.
35.91.025 Extension outside city subject to review
by boundary review board. The extension of water or
sewer facilities outside of the boundaries of a city or town
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 33.]
35.91.030 Approval and acceptance of facilities by
municipality—Rates, costs. Upon the completion of water
or sewer facilities pursuant to contract mentioned in the
foregoing section, the governing body of any such municipality shall be authorized to approve their construction and
accept the same as facilities of the municipality and to
charge for their use such water or sewer rates as such
municipality may be authorized by law to establish, and if
(2002 Ed.)
35.91.010
any such water or sewer facilities are so approved and
accepted, all further maintenance and operation costs of said
water or sewer lines and facilities shall be borne by such
municipality. [1965 c 7 § 35.91.030. Prior: 1959 c 261 §
3.]
35.91.040 Contract payment to be made prior to
tap, connection, or use—Removal of tap or connection.
No person, firm or corporation shall be granted a permit or
be authorized to tap into, or use any such water or sewer
facilities or extensions thereof during the period of time
prescribed in such contract without first paying to the
municipality, in addition to any and all other costs and
charges made or assessed for such tap, or use, or for the
water lines or sewers constructed in connection therewith,
the amount required by the provisions of the contract under
which the water or sewer facilities so tapped into or used
were constructed. All amounts so received by the municipality shall be paid out by it under the terms of such contract
within sixty days after the receipt thereof. Whenever any
tap or connection is made into any such contracted water or
sewer facilities without such payment having first been
made, the governing body of the municipality may remove,
or cause to be removed, such unauthorized tap or connection
and all connecting tile, or pipe located in the facility right of
way and dispose of unauthorized material so removed
without any liability whatsoever. [1965 c 7 § 35.91.040.
Prior: 1959 c 261 § 4.]
35.91.050 Owner’s pro rata share of cost to which
he did not contribute. Whenever the cost, or any part
thereof, of any water or sewer improvement, whether local
or general, is or will be assessed against the owners of real
estate and such water or sewer improvement will be connected into or will make use of, contracted water or sewer
facilities constructed under the provisions of this chapter and
to the cost of which such owners, or any of them, did not
contribute, there shall be included in the engineer’s estimate
before the hearing on any such improvement, separately
itemized, and in such assessments, a sum equal to the
amount provided in or computed from such contract as the
fair pro rata share due from such owners upon and for such
contracted water or sewer facilities. [1965 c 7 § 35.91.050.
Prior: 1959 c 261 § 5.]
Chapter 35.92
MUNICIPAL UTILITIES
Sections
35.92.010
35.92.012
35.92.014
35.92.015
35.92.017
35.92.020
Authority to acquire and operate waterworks—Generation of
electricity—Classification of services for rates.
May accept and operate water-sewer district’s property when
boundaries are identical.
Acquisition of out-of-state waterworks.
Acquisition of out-of-state waterworks—Joint acquisition
and operation.
Authority to assist customers in the acquisition of water
conservation equipment—Limitations.
Authority to acquire and operate sewerage and solid waste
handling systems, plants, sites, or facilities—
Classification of services and facilities for rates—
Assistance for low-income persons.
[Title 35 RCW—page 289]
Chapter 35.92
35.92.021
35.92.023
35.92.025
35.92.027
35.92.030
35.92.040
35.92.050
35.92.052
35.92.054
35.92.060
35.92.070
35.92.075
35.92.080
35.92.090
35.92.100
35.92.105
35.92.110
35.92.120
35.92.130
35.92.140
35.92.150
35.92.160
35.92.170
35.92.180
35.92.190
35.92.200
35.92.220
35.92.230
35.92.240
35.92.250
35.92.260
35.92.263
35.92.265
35.92.270
35.92.275
35.92.280
35.92.290
35.92.300
35.92.310
35.92.350
35.92.355
35.92.360
Title 35 RCW: Cities and Towns
Public property subject to rates and charges for storm water
control facilities.
Solid waste—Compliance with chapter 70.95 RCW required.
Authority to make charges for connecting to water or sewerage system—Interest charges.
Extension of water and sewer facilities outside city subject
to review by boundary review board.
Authority to acquire and operate stone or asphalt plants.
Authority to acquire and operate public markets and cold
storage plants—"Public markets" defined.
Authority to acquire and operate utilities.
First class cities operating electrical facilities—Participation
in agreements to use or own high voltage transmission
facilities and other electrical generating facilities—
Terms—Limitations.
May acquire electrical distribution property from public
utility district.
Authority to acquire and operate transportation facilities.
Procedure—Election.
Indebtedness incurred on credit of expected utility revenues.
General obligation bonds.
Limit of indebtedness.
Revenue bonds or warrants.
Revenue bonds, warrants, or other evidences of indebtedness
for energy or water conservation programs.
Funding or refunding bonds.
Funding or refunding bonds—Bonds not general obligation.
Funding or refunding bonds—Single issue may refund multiple series.
Funding or refunding bonds—Issuance of bonds—
Ordinance.
Funding or refunding bonds—Terms of bonds.
Funding or refunding bonds—Recourse of bond owners.
City may extend water system outside limits.
City may extend water system outside limits—May acquire
property outside city.
City may extend water system outside limits—Cannot condemn irrigation system.
City may extend water system outside limits—Contracts for
outside service.
Acquisition of water rights—Consolidation of irrigation
assessment districts.
Acquisition of water rights—Special assessments.
Acquisition of water rights—Levy of assessments.
Acquisition of water rights—District property need not be
contiguous.
Acquisition of water rights—Mode of assessment.
Acquisition of water rights—Water rights acquired by purchase of shares in water users’ association or corporation—Authority to acquire and hold shares.
Acquisition of water rights—Existing local improvement
districts validated—Debts, obligations, assessments, etc.,
declared legal and valid.
Passenger transportation systems—Authority to make studies—Contracts with and acquisition of privately owned
systems.
Assumption of obligations of private pension plan when
urban transportation system acquired.
Cities over 150,000, joint undertaking with P.U.D. as to
electric utility properties—"Electric utility properties"
defined.
Cities over 150,000, joint undertaking with P.U.D. as to
electric utility properties—Agreements.
Cities over 150,000, joint undertaking with P.U.D. as to
electric utility properties—Financing.
Cities over 150,000, joint undertaking with P.U.D. as to
electric utility properties—Authority granted is additional power.
Electrical construction or improvement—Bid proposals—
Contract proposal forms—Conditions for issuance—
Refusal—Appeal.
Energy conservation—Legislative findings.
Energy conservation plan—Financing authorized for energy
conservation projects in structures or equipment—
Limitations.
[Title 35 RCW—page 290]
35.92.365
Tariff for irrigation pumping service—Authority to buy back
electricity.
35.92.370 Lease of real property under electrical transmission lines for
private gardening purposes.
35.92.380 Waiver or delay of collection of tap-in charges, connection
or hookup fees for low income persons.
35.92.390 Municipal utilities encouraged to provide customers with
landscaping information and to request voluntary donations for urban forestry.
35.92.400 Provision of water services and facilities—Contract with
Canadian corporation.
35.92.410 Provision of sewer services and facilities—Contract with
Canadian corporation.
Assessments and charges against state lands: Chapter 79.44 RCW.
Electric franchises and rights of way: Chapter 80.32 RCW.
Electrical utilities and facilities owned by cities, support for political
subdivisions and taxing districts: RCW 35.21.420 through 35.21.440.
Hydroelectric resources, creation of separate legal authority by irrigation
districts and cities, towns, or public utility districts: RCW 87.03.825
through 87.03.840.
Joint development of nuclear, thermal power facilities: Chapter 54.44
RCW.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Local improvement districts, creation: Chapter 35.43 RCW.
Public utility districts: Title 54 RCW.
Sewerage improvement districts: Chapter 85.08 RCW.
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
Street railways: Chapter 81.64 RCW.
Water-sewer districts: Title 57 RCW.
35.92.010 Authority to acquire and operate waterworks—Generation of electricity—Classification of
services for rates. A city or town may construct, condemn
and purchase, purchase, acquire, add to, alter, maintain and
operate waterworks, including fire hydrants as an integral
utility service incorporated within general rates, within or
without its limits, for the purpose of furnishing the city and
its inhabitants, and any other persons, with an ample supply
of water for all purposes, public and private, including water
power and other power derived therefrom, with full power
to regulate and control the use, distribution, and price
thereof: PROVIDED, That the rates charged must be
uniform for the same class of customers or service. Such
waterworks may include facilities for the generation of
electricity as a byproduct and such electricity may be used
by the city or town or sold to an entity authorized by law to
distribute electricity. Such electricity is a byproduct when
the electrical generation is subordinate to the primary
purpose of water supply.
In classifying customers served or service furnished, the
city or town governing body may in its discretion consider
any or all of the following factors: The difference in cost of
service to the various customers; location of the various
customers within and without the city or town; the difference
in cost of maintenance, operation, repair, and replacement of
the various parts of the system; the different character of the
service furnished various customers; the quantity and quality
of the water furnished; the time of its use; the achievement
of water conservation goals and the discouragement of
wasteful water use practices; capital contributions made to
the system including, but not limited to, assessments; and
any other matters which present a reasonable difference as
(2002 Ed.)
Municipal Utilities
a ground for distinction. No rate shall be charged that is
less than the cost of the water and service to the class of
customers served.
For such purposes any city or town may take, condemn
and purchase, purchase, acquire, and retain water from any
public or navigable lake or watercourse, surface or ground,
and, by means of aqueducts or pipe lines, conduct it to the
city or town; and it may erect and build dams or other works
across or at the outlet of any lake or watercourse in this state
for the purpose of storing and retaining water therein up to
and above high water mark; and for all the purposes of
erecting such aqueducts, pipe lines, dams, or waterworks or
other necessary structures in storing and retaining water, or
for any of the purposes provided for by this chapter, the city
or town may occupy and use the beds and shores up to the
high water mark of any such watercourse or lake, and
acquire the right by purchase, or by condemnation and
purchase, or otherwise, to any water, water rights, easements
or privileges named in this chapter, or necessary for any of
said purposes, and the city or town may acquire by purchase
or condemnation and purchase any properties or privileges
necessary to be had to protect its water supply from pollution. Should private property be necessary for any such
purposes or for storing water above high water mark, the
city or town may condemn and purchase, or purchase and
acquire such private property. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed
to authorize a city or town that does not own or operate an
electric utility system to condemn electric generating,
transmission, or distribution rights or facilities of entities
authorized by law to distribute electricity, or to acquire such
rights or facilities without the consent of the owner. [2002
c 102 § 2; 1991 c 347 § 18. Prior: 1985 c 445 § 4; 1985
c 444 § 2; 1965 c 7 § 35.92.010; prior: 1959 c 90 § 6; 1957
c 209 § 2; prior: 1951 c 252 § 1; 1947 c 214 § 1, part;
1933 c 163 § 1, part; 1931 c 53 § 1, part; 1923 c 173 § 1,
part; 1913 c 45 § 1, part; 1909 c 150 § 1, part; 1899 c 128
§ 1, part; 1897 c 112 § 1, part; 1893 c 8 § 1, part; 1890 p
520 § 1, part; Rem. Supp. 1947 § 9488, part. Formerly
RCW 80.40.010.]
Purpose—Findings—2002 c 102: "The purpose of this act is to
affirm the authority of cities and towns to operate fire hydrants and
streetlights as part of their rate-based water and electric utilities, respectively. The legislature finds that it has been the practice of most, if not all,
cities and towns, as well as water and sewer districts, to include the
operation of fire hydrants for fire and maintenance purposes and to
incorporate the cost of this operation as a normal part of the utility’s
services and general rate structure. The legislature further finds and
declares that it has been the intent of the legislature that cities and towns,
just as water and sewer districts, have the right to operate and maintain
streetlights in the same manner as fire hydrants, that is, as a normal part of
the electric utility and a normal part of that utility’s general rate structure.
The legislature therefore affirms that authority." [2002 c 102 § 1.]
Severability—2002 c 102: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 102 § 4.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Intent—1985 c 444: "For the purposes of this act, the legislature
finds it is the policy of the state of Washington that:
(1) The quality of the natural environment shall be protected and,
where possible, enhanced as follows: Perennial rivers and streams of the
state shall be retained with base flows necessary to provide for preservation
(2002 Ed.)
35.92.010
of wildlife, fish, scenic, aesthetic and other environmental values, and
navigational values. Lakes and ponds shall be retained substantially in their
natural condition. Withdrawals of water which would conflict therewith
shall be authorized only in those situations where it is clear that overriding
considerations of the public interest will be served.
(2) Development of water supply systems, whether publicly or
privately owned, which provide water to the public generally in regional
areas within the state shall be encouraged. Development of water supply
systems for multiple domestic use which will not serve the public generally
shall be discouraged where water supplies are available from water systems
serving the public." [1985 c 444 § 1.]
Construction—Economic feasibility study—1985 c 444: "(1)
Nothing in this act exempts any city or town, water district, or sewer district
from compliance with applicable state and federal statutes and regulations
including but not limited to: State environmental policy act, chapter 43.21C
RCW; national environmental policy act, 42 U.S.C. Sec. 4321 et seq.;
federal power act, 16 U.S.C. Sec. 791 et seq.; public utility regulatory
policies act, 15 U.S.C. Sec. 717f; Pacific northwest electric power planning
and conservation act, 16 U.S.C. Sec. 839; energy financing voter approval
act, chapter 80.52 RCW; water resources act, chapter 90.54 RCW; federal
clean water act, 33 U.S.C. Sec. 1251 et seq.; the public water system
coordination act, chapter 70.116 RCW; and the state clean water act, chapter
90.48 RCW.
(2) In addition, if the work proposed under this act involves a new
water supply project combined with an electric generation facility with an
installed capacity in excess of five megawatts which may produce electricity
for sale in excess of present and future needs of the water system, then each
of those with a greater than twenty-five percent ownership interest in the
project shall jointly prepare an independent economic feasibility study
evaluating the cost-effectiveness of the combined facility in the context of
forecast regional water needs, alternate sources of water supply, and the
potential impact of the combined facility on rates charged for water and
electricity.
In addition to the economic feasibility study, the results of the
environmental impact statement required by chapter 43.21C RCW and any
review by the department of ecology made pursuant to chapter 90.54 RCW
shall be made available to the public at least sixty days prior to any public
vote on the new combined project.
(3) This act supplements the authority of cities and towns, water
districts, and sewer districts and does not restrict or impose limits on any
authority such municipal corporations may otherwise have under any laws
of this state nor may the authority of such municipal corporations under
other laws of this state be construed more narrowly on account of this act."
[1985 c 444 § 7.]
Severability—1985 c 444: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 444 § 8.]
Validating—1917 c 12: "Whenever any city or town has heretofore
issued or authorized to be issued by such vote of its electors as is required
by law at any election duly and legally held to vote on such proposition,
such utility bonds for the purpose of purchasing, paying for or acquiring any
such utility as is described in this act, in every such case such utility bonds
are hereby declared to be legal and valid, and such city or town is hereby
authorized and empowered to proceed to issue and negotiate such bonds and
to continue and conclude proceedings for the purchase or acquirement of
such utility, and is hereby given full power to maintain and operate the
same within all and every part of such contiguous territory whether
incorporated or unincorporated." [1917 c 12 § 2.]
Validating—1909 c 150: "That in all cases where the qualified
electors of any city or town have heretofore, at any election, ratified any
plan or system of any public utility mentioned in section 1 of this act, and
shall have authorized a general indebtedness of such city or town and the
issuance of bonds therefor, or the creation of a special fund or funds out of
the revenues of the public utility the plan or system of which was so
ratified, and the issuance of bonds or warrants payable only out of such
fund or funds; and pursuant to such authorization or ratification a general
indebtedness shall have been incurred or authorized to be incurred, and
bonds or other obligations issued or contracted to be issued or authorized
to be issued, or a special fund or funds shall have been created out of the
revenue of any such public utility by pledging or setting aside a fixed
proportion of such revenues, or a fixed amount out of and not exceeding a
fixed proportion or a fixed amount without regard to any fixed proportion,
and bonds or warrants payable either upon the call of such city or town or
at a fixed date, but only out of such special fund or funds, issued or
[Title 35 RCW—page 291]
35.92.010
Title 35 RCW: Cities and Towns
contracted to be issued or authorized to be issued, or a contract or contracts
for the purchase, construction, acquisition, improvement, betterment, or
addition to such public utility entered into; such general indebtedness, bonds
or other obligations, contracts, special funds, and bonds or warrants, payable
out of such special funds, and all proceedings relating thereto, are hereby
ratified, confirmed and validated; and any bonds or other obligations
constituting a general indebtedness, or bonds or warrants payable out of
such special funds, heretofore so authorized, may be hereafter issued or sold
as if all of said proceedings were taken pursuant to and under the authority
of this act, and in full compliance therewith." [1909 c 150 § 5.]
Eminent domain by cities: Chapter 8.12 RCW.
Evaluation of application to appropriate water for electric generation
facility: RCW 90.54.170.
35.92.012 May accept and operate water-sewer
district’s property when boundaries are identical. A city
or town, whose boundaries are identical with those of a
water-sewer district, or within which a water-sewer district
is entirely located, which is free from all debts and liabilities
except contractual obligations between the district and the
town, may accept the property and assets of the district and
operate such property and assets as a municipal waterworks,
if the district and the city or town each participate in a
summary dissolution proceedings for the district as provided
in RCW 57.04.110. [1999 c 153 § 39; 1965 c 7 §
35.92.012. Prior: 1955 c 358 § 2. Formerly RCW
80.40.012.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
35.92.014 Acquisition of out-of-state waterworks.
Municipalities of this state under ordinance of the governing
body are empowered to acquire by purchase or lease, and to
maintain and operate, in cooperation with neighboring
municipalities of states bordering this state, the out-of-state
property, plant and equipment of privately owned utilities
supplying water to the purchasing municipalities from an
out-of-state source: PROVIDED, The legislature of the state
in which such property, plant, equipment and supply are
located, by enabling legislation similar to this, authorizes its
municipalities to join in such acquisition, maintenance and
operation. [1965 c 7 § 35.92.014. Prior: 1951 c 39 § 1.
Formerly RCW 80.40.014.]
35.92.015 Acquisition of out-of-state waterworks—
Joint acquisition and operation. The governing bodies of
the municipalities acting jointly under RCW 35.92.014 and
this section shall have authority by mutual agreement to
exercise jointly all powers granted to each individual
municipality in the acquisition, maintenance and operation of
a water supply system. [1965 c 7 § 35.92.015. Prior: 1951
c 39 § 2. Formerly RCW 80.40.015.]
35.92.017 Authority to assist customers in the
acquisition of water conservation equipment—
Limitations. Any city or town engaged in the sale or
distribution of water is hereby authorized, within limits
established by the Constitution of the state of Washington,
to assist the owners of structures in financing the acquisition
and installation of fixtures, systems, and equipment, for
compensation or otherwise, for the conservation or more
efficient use of water in the structures under a water conservation plan adopted by the city or town if the cost per unit
[Title 35 RCW—page 292]
of water saved or conserved by the use of the fixtures,
systems, and equipment is less than the cost per unit of
water supplied by the next least costly new water source
available to the city or town to meet future demand. Except
where otherwise authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of
purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the city or town, each of which
businesses shall have requested to be included and shall have
the ability to provide the products in a workmanlike manner
and to utilize the fixtures, systems, and equipment in
accordance with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and
verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall
be purchased or installed by a private business, the owner,
or the utility.
Pay back shall be in the form of incremental additions
to the utility bill, billed either together with use charge or
separately. Loans shall not exceed one hundred twenty
months in length. [1989 c 421 § 3.]
Intent—Water conservation encouraged—1989 c 421: "The
conservation and efficient use of water is found and declared to be a public
purpose of highest priority. The legislature further finds and declares that
all municipal corporations, public utility districts, water districts, and other
political subdivisions of the state that are engaged in the sale or distribution
of water should be granted the authority to develop and carry out programs
that will conserve resources, reduce waste, and encourage more efficient use
of water by consumers.
In order to establish the most effective statewide program for water
conservation, the legislature hereby encourages any company, corporation,
or association engaged in selling or furnishing utility services to assist their
customers in the acquisition and installation of fixtures, systems, and
equipment, for compensation or otherwise, for the conservation or more
efficient use of water." [1989 c 421 § 1.]
Contingent effective date—1989 c 421: "This act shall take effect
on the same date as the proposed amendment to Article VIII of the state
Constitution, authorizing the use of public moneys or credit to promote
conservation or more efficient use of water, is validly submitted and is
approved and ratified by the voters at a general election held in November
1989. If the proposed amendment is not so approved and ratified, this act
shall be void in its entirety." [1989 c 421 § 6.] Senate Joint Resolution
No. 8210 was approved and ratified by the voters at the November 7, 1989,
general election.
35.92.020 Authority to acquire and operate sewerage and solid waste handling systems, plants, sites, or
facilities—Classification of services and facilities for
rates—Assistance for low-income persons. A city or town
may construct, condemn and purchase, purchase, acquire,
add to, alter, maintain, and operate systems, plants, sites, or
other facilities of sewerage as defined in RCW 35.67.010, or
solid waste handling as defined by RCW 70.95.030, and
(2002 Ed.)
Municipal Utilities
shall have full authority to manage, regulate, operate,
control, and to fix the price of service and facilities of those
systems, plants, sites, or other facilities within and without
the limits of the city or town. The rates charged shall be
uniform for the same class of customers or service and
facilities. In classifying customers served or service and
facilities furnished by a system or systems of sewerage, the
legislative authority of the city or town may in its discretion
consider any or all of the following factors: (1) The
difference in cost of service and facilities to customers; (2)
the location of customers within and without the city or
town; (3) the difference in cost of maintenance, operation,
repair, and replacement of the parts of the system; (4) the
different character of the service and facilities furnished to
customers; (5) the quantity and quality of the sewage
delivered and the time of its delivery; (6) capital contributions made to the systems, plants, sites, or other facilities,
including but not limited to, assessments; (7) the nonprofit
public benefit status, as defined in RCW 24.03.490, of the
land user; and (8) any other factors that present a reasonable
difference as a ground for distinction. Rates or charges for
on-site inspection and maintenance services may not be
imposed under this chapter on the development, construction,
or reconstruction of property.
A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
Under this chapter, after July 1, 1998, any requirements
for pumping the septic tank of an on-site sewage system
should be based, among other things, on actual measurement
of accumulation of sludge and scum by a trained inspector,
trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this
chapter, notification must be provided, prior to the applicable
public hearing, to all residences within the proposed service
area that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for
the service.
A city or town shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair
services under this section using city or town employees
unless the on-site system is connected by a publicly owned
collection system to the city or town’s sewerage system, and
the on-site system represents the first step in the sewage
disposal process. Nothing in this section shall affect the
authority of state or local health officers to carry out their
responsibilities under any other applicable law. [1997 c 447
§ 9; 1995 c 124 § 5; 1989 c 399 § 6; 1985 c 445 § 5; 1965
c 7 § 35.92.020. Prior: 1959 c 90 § 7; 1957 c 288 § 3;
1957 c 209 § 3; prior: 1947 c 214 § 1, part; 1933 c 163 §
1, part; 1931 c 53 § 1, part; 1923 c 173 § 1, part; 1913 c 45
§ 1, part; 1909 c 150 § 1, part; 1899 c 128 § 1, part; 1897
c 112 § 1, part; 1893 c 8 § 1, part; 1890 p 520 § 1, part;
Rem. Supp. 1947 § 9488, part. Formerly RCW 80.40.020.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
(2002 Ed.)
35.92.020
35.92.021 Public property subject to rates and
charges for storm water control facilities. Except as
otherwise provided in RCW 90.03.525, any public entity and
public property, including the state of Washington and state
property, shall be subject to rates and charges for storm
water control facilities to the same extent private persons and
private property are subject to such rates and charges that are
imposed by cities and towns pursuant to RCW 35.92.020.
In setting these rates and charges, consideration may be
made of in-kind services, such as stream improvements or
donation of property. [1986 c 278 § 56; 1983 c 315 § 2.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—
Definitions: RCW 90.03.500 through 90.03.525. See also RCW
35.67.025, 36.89.085, and 36.94.145.
35.92.023 Solid waste—Compliance with chapter
70.95 RCW required. See RCW 35.21.154.
35.92.025 Authority to make charges for connecting
to water or sewerage system—Interest charges. Cities
and towns are authorized to charge property owners seeking
to connect to the water or sewerage system of the city or
town as a condition to granting the right to so connect, in
addition to the cost of such connection, such reasonable
connection charge as the legislative body of the city or town
shall determine proper in order that such property owners
shall bear their equitable share of the cost of such system.
The equitable share may include interest charges applied
from the date of construction of the water or sewer system
until the connection, or for a period not to exceed ten years,
at a rate commensurate with the rate of interest applicable to
the city or town at the time of construction or major rehabilitation of the water or sewer system, or at the time of
installation of the water or sewer lines to which the property
owner is seeking to connect but not to exceed ten percent
per year: PROVIDED, That the aggregate amount of
interest shall not exceed the equitable share of the cost of the
system allocated to such property owners. Connection
charges collected shall be considered revenue of such
system. [1985 c 445 § 6; 1965 c 7 § 35.92.025. Prior:
1959 c 90 § 8. Formerly RCW 80.40.025.]
35.92.027 Extension of water and sewer facilities
outside city subject to review by boundary review board.
The extension of water or sewer facilities outside of the
boundaries of a city or town may be subject to potential
review by a boundary review board under chapter 36.93
RCW. [1989 c 84 § 34.]
35.92.030 Authority to acquire and operate stone or
asphalt plants. A city or town may also construct, condemn
and purchase, purchase, acquire, add to, alter, maintain, and
operate works, plants and facilities for the preparation and
manufacture of all stone or asphalt products or compositions
or other materials which may be used in street construction
or maintenance, together with the right to use them, and also
fix the price of and sell such products for use in the con[Title 35 RCW—page 293]
35.92.030
Title 35 RCW: Cities and Towns
struction of municipal improvements. [1985 c 445 § 8; 1965
c 7 § 35.92.030. Prior: 1957 c 288 § 4; 1957 c 209 § 4;
prior: 1947 c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53
§ 1, part; 1923 c 173 § 1, part; 1913 c 45 § 1, part; 1909 c
150 § 1, part; 1899 c 128 § 1, part; 1897 c 112 § 1, part;
1893 c 8 § 1, part; 1890 p 520 § 1, part; Rem. Supp. 1947
§ 9488, part. Formerly RCW 80.40.030.]
Eminent domain by cities: Chapter 8.12 RCW.
35.92.040 Authority to acquire and operate public
markets and cold storage plants—"Public markets"
defined. A city or town may also construct, acquire, and
operate public markets and cold storage plants for the sale
and preservation of butter, eggs, meats, fish, fruits, vegetables, and other perishable provisions. Whenever the words
"public markets" are used in this chapter and the public
market is managed in whole or in part by a public corporation created by a city, the words shall be construed to
include all real or personal property located in a district or
area designated by a city as a public market and traditionally
devoted to providing farmers, crafts vendors and other
merchants with retail space to market their wares to the
public. Property located in such a district or area need not
be exclusively or primarily used for such traditional public
market retail activities and may include property used for
other public purposes including, but not limited to, the
provision of human services and low-income or moderateincome housing. [1990 c 189 § 4; 1965 c 7 § 35.92.040.
Prior: 1957 c 288 § 5; 1957 c 209 § 5; prior: 1947 c 214
§ 1, part; 1933 c 163 § 1, part; 1931 c 53 § 1, part; 1923 c
173 § 1, part; 1913 c 45 § 1, part; 1909 c 150 § 1, part;
1899 c 128 § 1, part; 1897 c 112 § 1, part; 1893 c 8 § 1,
part; 1890 p 520 § 1, part; Rem. Supp. 1947 § 9488, part.
Formerly RCW 80.40.040.]
35.92.050 Authority to acquire and operate utilities.
A city or town may also construct, condemn and purchase,
purchase, acquire, add to, alter, maintain and operate works,
plants, facilities for the purpose of furnishing the city or
town and its inhabitants, and any other persons, with gas,
electricity, and other means of power and facilities for
lighting, including streetlights as an integral utility service
incorporated within general rates, heating, fuel, and power
purposes, public and private, with full authority to regulate
and control the use, distribution, and price thereof, together
with the right to handle and sell or lease, any meters, lamps,
motors, transformers, and equipment or accessories of any
kind, necessary and convenient for the use, distribution, and
sale thereof; authorize the construction of such plant or
plants by others for the same purpose, and purchase gas,
electricity, or power from either within or without the city or
town for its own use and for the purpose of selling to its
inhabitants and to other persons doing business within the
city or town and regulate and control the use and price
thereof. [2002 c 102 § 3; 1985 c 445 § 9; 1965 c 7 §
35.92.050. Prior: 1957 c 288 § 6; 1957 c 209 § 6; prior:
1947 c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53 § 1,
part; 1923 c 173 § 1, part; 1913 c 45 § 1, part; 1909 c 150
§ 1, part; 1899 c 128 § 1, part; 1897 c 112 § 1, part; 1893
c 8 § 1, part; 1890 p 520 § 1, part; Rem. Supp. 1947 §
9488, part. Formerly RCW 80.40.050.]
[Title 35 RCW—page 294]
Purpose—Findings—Severability—2002 c 102: See notes following
RCW 35.92.010.
35.92.052 First class cities operating electrical
facilities—Participation in agreements to use or own high
voltage transmission facilities and other electrical generating facilities—Terms—Limitations. (1) Except as
provided in subsection (3) of this section, cities of the first
class which operate electric generating facilities and distribution systems shall have power and authority to participate
and enter into agreements for the use or undivided ownership
of high voltage transmission facilities and capacity rights in
those facilities and for the undivided ownership of any type
of electric generating plants and facilities, including, but not
limited to, nuclear and other thermal power generating plants
and facilities and transmission facilities including, but not
limited to, related transmission facilities, to be called
"common facilities"; and for the planning, financing,
acquisition, construction, operation, and maintenance with:
(a) Each other; (b) electrical companies which are subject to
the jurisdiction of the Washington utilities and transportation
commission or the regulatory commission of any other state,
to be called "regulated utilities"; (c) rural electric cooperatives, including generation and transmission cooperatives in
any state; (d) municipal corporations, utility districts, or
other political subdivisions in any state; and (e) any agency
of the United States authorized to generate or transmit
electrical energy. It shall be provided in such agreements
that each city shall use or own a percentage of any common
facility equal to the percentage of the money furnished or the
value of property supplied by it for the acquisition and
construction of or additions or improvements to the facility
and shall own and control or provide for the use of a like
percentage of the electrical transmission or output.
(2) A city using or owning common facilities under this
section may issue revenue bonds or other obligations to
finance the city’s share of the use or ownership of the
common facilities.
(3) Cities of the first class shall have the power and
authority to participate and enter into agreements for the use
or undivided ownership of a coal-fired thermal electric
generating plant and facility placed in operation before July
1, 1975, including related common facilities, and for the
planning, financing, acquisition, construction, operation, and
maintenance of the plant and facility. It shall be provided in
such agreements that each city shall use or own a percentage
of any common facility equal to the percentage of the money
furnished or the value of property supplied by the city for
the acquisition and construction of or additions or improvements to the facility and shall own and control or provide for
the use of a like percentage of the electrical transmission or
output of the facility. Cities may enter into agreements
under this subsection with each other, with regulated utilities,
with rural electric cooperatives, with utility districts, with
electric companies subject to the jurisdiction of the regulatory commission of any other state, and with any power
marketer subject to the jurisdiction of the federal energy
regulatory commission.
(4) The agreement must provide that each participant
shall defray its own interest and other payments required to
be made or deposited in connection with any financing
undertaken by it to pay its percentage of the money fur(2002 Ed.)
Municipal Utilities
nished or value of property supplied by it for the planning,
acquisition, and construction of any common facility, or any
additions or betterments. The agreement shall provide a
uniform method of determining and allocating operation and
maintenance expenses of a common facility.
(5) Each city participating in the ownership, use, or
operation of a common facility shall pay all taxes chargeable
to its share of the common facility and the electric energy
generated under any applicable statutes and may make
payments during preliminary work and construction for any
increased financial burden suffered by any county or other
existing taxing district in the county in which the common
facility is located, under agreement with such county or
taxing district.
(6) In carrying out the powers granted in this section,
each such city shall be severally liable only for its own acts
and not jointly or severally liable for the acts, omissions, or
obligations of others. No money or property supplied by any
such city for the planning, financing, acquisition, construction, operation, or maintenance of, or addition or improvement to any common facility shall be credited or otherwise
applied to the account of any other participant therein, nor
shall the undivided share of any city in any common facility
be charged, directly or indirectly, with any debt or obligation
of any other participant or be subject to any lien as a result
thereof. No action in connection with a common facility
shall be binding upon any city unless authorized or approved
by resolution or ordinance of its governing body.
(7) Any city acting jointly outside the state of Washington, by mutual agreement with any participant under authority of this section, shall not acquire properties owned or
operated by any public utility district, by any regulated
utility, or by any public utility owned by a municipality
without the consent of the utility owning or operating the
property, and shall not participate in any condemnation
proceeding to acquire such properties. [1997 c 230 § 1;
1992 c 11 § 1; 1989 c 249 § 1.]
35.92.054 May acquire electrical distribution
property from public utility district. Any city or town
may acquire by purchase or condemnation from any public
utility district or combination of public utility districts any
electrical distribution property within the boundaries of such
city or town: PROVIDED, That such right of condemnation
shall not apply to a city or town located within a public
utility district that owns the electric distribution properties
sought to be condemned. [1965 c 7 § 35.92.054. Prior:
1953 c 97 § 1; 1951 c 272 § 1. Formerly RCW 80.40.054.]
Right of county-wide utility district to acquire distribution properties: RCW
54.32.040.
35.92.060 Authority to acquire and operate transportation facilities. A city or town may also construct,
condemn and purchase, purchase, acquire, add to, alter,
maintain, operate, or lease cable, electric, and other railways,
automobiles, motor cars, motor buses, auto trucks, and any
and all other forms or methods of transportation of freight or
passengers within the corporate limits of the city or town,
and a first class city may also construct, purchase, acquire,
add to, alter, maintain, operate, or lease cable, electric, and
other railways beyond those corporate limits only within the
(2002 Ed.)
35.92.052
boundaries of the county in which the city is located and of
any adjoining county, for the transportation of freight and
passengers above, upon, or underneath the ground. It may
also fix, alter, regulate, and control the fares and rates to be
charged therefor; and fares or rates may be adjusted or
eliminated for any distinguishable class of users including,
but not limited to, senior citizens, handicapped persons, and
students. Without the payment of any license fee or tax, or
the filing of a bond with, or the securing of a permit from,
the state, or any department thereof, the city or town may
engage in, carry on, and operate the business of transporting
and carrying passengers or freight for hire by any method or
combination of methods that the legislative authority of any
city or town may by ordinance provide, with full authority
to regulate and control the use and operation of vehicles or
other agencies of transportation used for such business.
[1995 c 42 § 1; 1991 c 124 § 1; 1990 c 43 § 49; 1985 c 445
§ 10; 1981 c 25 § 2; 1965 c 7 § 35.92.060. Prior: 1957 c
288 § 7; 1957 c 209 § 7; prior: 1947 c 214 § 1, part; 1933
c 163 § 1, part; 1931 c 53 § 1, part; 1923 c 173 § 1, part;
1913 c 45 § 1, part; 1909 c 150 § 1, part; 1899 c 128 § 1,
part; 1897 c 112 § 1, part; 1893 c 8 § 1, part; 1890 p 520 §
1, part; Rem. Supp. 1947 § 9488, part. Formerly RCW
80.40.060.]
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
Public transportation systems, financing, purchase of leased systems:
Chapter 35.95 RCW.
35.92.070 Procedure—Election. When the governing
body of a city or town deems it advisable that the city or
town purchase, acquire, or construct any such public utility,
or make any additions and betterments thereto or extensions
thereof, it shall provide therefor by ordinance, which shall
specify and adopt the system or plan proposed, and declare
the estimated cost thereof, as near as may be, and the
ordinance shall be submitted for ratification or rejection by
majority vote of the voters of the city or town at a general
or special election.
(1) No submission shall be necessary:
(a) When the work proposed is an addition to, or
betterment of, extension of, or an increased water supply for
existing waterworks, or an addition, betterment, or extension
of an existing system or plant of any other public utility;
(b) When in the charter of a city a provision has been
adopted authorizing the corporate authorities thereof to
provide by ordinance for acquiring, opening, or operating
any of such public utilities; or
(c) When in the judgment of the corporate authority, the
public health is being endangered by the discharge of raw or
untreated sewage into any body of water and the danger to
the public health may be abated by the construction and
maintenance of a sewage disposal plant.
(2) Notwithstanding subsection (1) of this section,
submission to the voters shall be necessary if:
(a) The project or work may produce electricity for sale
in excess of present or future needs of the water system;
(b) The city or town does not own or operate an electric
utility system;
(c) The work involves an ownership greater than
twenty-five percent in a new water supply project combined
with an electric generation facility; and
[Title 35 RCW—page 295]
35.92.070
Title 35 RCW: Cities and Towns
(d) The combined facility has an installed capacity in
excess of five megawatts.
(3) Notwithstanding subsection (1) of this section,
submission to the voters shall be necessary to make extensions to a public utility which would expand the previous
service capacity by fifty percent or more, where such
increased service capacity is financed by the issuance of
general obligation bonds.
(4) Thirty days’ notice of the election shall be given in
the official newspaper of the city or town, by publication at
least once each week in the paper during such time.
(5) When a proposition has been adopted, or in the
cases where no submission is necessary, the corporate
authorities of the city or town may proceed forthwith to
purchase, construct, and acquire the public utility or make
additions, betterments, and extensions thereto and to make
payment therefor. [1987 c 145 § 1. Prior: 1985 c 445 §
11; 1985 c 444 § 3; 1965 c 7 § 35.92.070; prior: 1941 c
147 § 1; 1931 c 53 § 2; 1909 c 150 § 2; 1901 c 85 § 1;
1897 c 112 § 2; 1893 c 8 § 2; 1891 c 141 § 1; 1890 p 520
§ 2; Rem. Supp. 1941 § 9489. Formerly RCW 80.40.070.]
Intent—Construction—Severability—1985 c 444: See notes
following RCW 35.92.010.
Elections: Title 29 RCW.
Notice of elections: RCW 29.27.080.
35.92.075 Indebtedness incurred on credit of
expected utility revenues. A city or town may contract
indebtedness and borrow money for a period not in excess
of two years for any public utility purpose on the credit of
the revenues expected from such public utility. [1982 c 24
§ 1.]
35.92.080 General obligation bonds. General
obligation bonds may be issued by a city or town for the
purposes of providing all or part of the costs of purchasing,
acquiring, or constructing a public utility or making any
additions, betterments, or alterations thereto, or extensions
thereof. The bonds shall be issued and sold in accordance
with chapter 39.46 RCW.
There shall be levied each year a tax upon the taxable
property of the city or town sufficient to pay the interest on
and principal of the bonds then due, which taxes shall
become due and collectible as other taxes: PROVIDED,
That it may pledge to the payment of such principal and
interest the revenue of the public utility being acquired,
constructed, or improved out of the proceeds of sale of such
bonds. Such pledge of revenue shall constitute a binding
obligation, according to its terms, to continue the collection
of such revenue so long as such bonds or any of them are
outstanding, and to the extent that revenues are insufficient
to meet the debt service requirements on such bonds, the
governing body of the municipality shall provide for the levy
of taxes sufficient to meet such deficiency. [1985 c 445 §
12; 1984 c 186 § 23; 1983 c 167 § 67; 1970 ex.s. c 56 § 47;
1969 ex.s. c 232 § 24; 1967 c 107 § 1; 1965 c 118 § 2;
1965 c 7 § 35.92.080. Prior: 1909 c 150 § 3, part; RRS §
9490, part. Formerly RCW 80.40.080.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 35 RCW—page 296]
35.92.090 Limit of indebtedness. The total general
indebtedness incurred under this chapter, added to all other
indebtedness of a city or town at any time outstanding, shall
not exceed the amounts of indebtedness authorized by
chapter 39.36 RCW, as now or hereafter amended, to be
incurred without and with the assent of the voters: PROVIDED, That a city or town may become indebted to a
larger amount, but not exceeding the amount authorized
therefor by chapter 39.36 RCW, as now or hereafter amended, for supplying it with water, artificial light, and sewers
when works for supplying such water, light, and sewers are
owned and controlled by the city or town. [1965 c 7 §
35.92.090. Prior: 1909 c 150 § 3, part; RRS § 9490, part.
Formerly RCW 80.40.090.]
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), RCW 84.52.050.
35.92.100 Revenue bonds or warrants. (1) When
the voters of a city or town, or the corporate authorities
thereof, have adopted a proposition for any public utility and
either no general indebtedness has been authorized or the
corporate authorities do not desire to incur a general indebtedness, and when the corporate authorities are authorized to
exercise any of the powers conferred by this chapter without
submitting the proposition to a vote, the corporate authorities
may create a special fund for the sole purpose of defraying
the cost of the public utility or addition, betterment, or
extension thereto, into which special fund they may obligate
and bind the city or town to set aside and pay a fixed
proportion of the gross revenues of the utility, or any fixed
amount out of and not exceeding a fixed proportion of such
revenues, or a fixed amount without regard to any fixed
proportion, and issue and sell bonds or warrants bearing
interest at a rate or rates as authorized by the corporate
authorities; payable semiannually, executed in such manner
and payable at such times and places as the corporate
authorities shall determine, but the bonds or warrants and the
interest thereon shall be payable only out of the special fund
and shall be a lien and charge against payments received
from any utility local improvement district assessments
pledged to secure such bonds. Such bonds shall be negotiable instruments within the meaning of the negotiable
instruments law, Title 62A RCW, notwithstanding same are
made payable out of a particular fund contrary to the
provisions of RCW 62A.3-105. Such bonds and warrants
may be of any form, including bearer bonds or bearer
warrants, or registered bonds or registered warrants as
provided in RCW 39.46.030.
When corporate authorities deem it necessary to
construct any sewage disposal plant, it may be considered as
a part of the waterworks department of the city or town and
the cost of construction and maintenance thereof may be
chargeable to the water fund of the municipality, or to any
other special fund which the corporate authorities may by
ordinance designate.
In creating a special fund, the corporate authorities shall
have due regard to the cost of operation and maintenance of
the plant or system as constructed or added to, and to any
proportion or part of the revenue previously pledged as a
fund for the payment of bonds, warrants, or other indebtedness, and shall not set aside into such special fund a greater
amount or proportion of the revenue and proceeds than in
(2002 Ed.)
Municipal Utilities
their judgment will be available above such cost of maintenance and operation and the amount or proportion, if any, of
the revenue so previously pledged. Rates shall be maintained adequate to service such bonds and to maintain the
utility in sound financial condition.
The bonds or warrants and interest thereon issued
against any such fund shall be a valid claim of the owner
thereof only as against the special fund and its fixed proportion or amount of the revenue pledged thereto, and shall not
constitute an indebtedness of the city or town within the
meaning of constitutional provisions and limitations. Each
bond or warrant shall state upon its face that it is payable
from a special fund, naming it and the ordinance creating it.
The bonds and warrants shall be sold in such manner as the
corporate authorities shall deem for the best interest of the
city or town, and they may provide in any contract for the
construction and acquirement of the proposed improvement
that payment therefor shall be made only in such bonds and
warrants at par value thereof.
When a special fund is created and any such obligation
is issued against it, a fixed proportion, or a fixed amount out
of and not exceeding such fixed proportion, or a fixed
amount without regard to any fixed proportion, of revenue
shall be set aside and paid into such fund as provided in the
ordinance creating it, and in case the city or town fails to
thus set aside and pay such fixed proportion or amount, the
owner of any bond or warrant against the fund may bring
action against the city or town and compel such setting aside
and payment: PROVIDED, That whenever the corporate
authorities of any city or town shall so provide by ordinance
then all such bonds thereafter issued shall be on a parity,
without regard to date of issuance or authorization and
without preference or priority of right or lien with respect to
participation of special funds in amounts from gross revenues for payment thereof.
(2) Notwithstanding subsection (1) of this section, such
bonds and warrants may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 68; 1983 c 3 § 57;
1970 ex.s. c 56 § 48; 1969 ex.s. c 232 § 25; 1967 c 52 § 25;
1965 c 7 § 35.92.100. Prior: 1953 c 231 § 1; 1931 c 53 §
3; 1909 c 150 § 4; RRS § 9491. Formerly RCW 80.40.100.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Construction—Severability—1967 c 52: See notes following RCW
35.43.042.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Instruments payable from a particular fund: RCW 62A.3-105.
Municipal revenue bond act: Chapter 35.41 RCW.
35.92.105 Revenue bonds, warrants, or other
evidences of indebtedness for energy or water conservation programs. A city or town engaged in the sale or
distribution of water or energy may issue revenue bonds,
warrants, or other evidences of indebtedness in the manner
provided by this chapter for the purpose of defraying the
cost of financing programs for the conservation or more
efficient use of energy or water. The bonds, warrants, or
(2002 Ed.)
35.92.100
other evidences of indebtedness shall be deemed to be for
capital purposes within the meaning of the uniform system
of accounts for municipal corporations. [1992 c 25 § 1;
1981 c 273 § 1.]
Uniform system of accounts for local governments: RCW 43.09.200.
35.92.110 Funding or refunding bonds. The
legislative authority of a city or town which has any outstanding warrants or bonds issued for the purpose of purchasing, acquiring, or constructing any such public utility or
for making any additions or betterments thereto or extensions
thereof, whether the warrants or bonds are general obligation
warrants or bonds of the municipality or are payable solely
from a special fund, into which fund the city or town is
bound and obligated to set aside and pay any proportion or
part of the revenue of the public utility, for the purchase,
acquisition, or construction of which utility or the making of
any additions and betterments thereto or extensions thereof
such outstanding warrants or bonds were issued, may,
without submitting the matter to the voters, provide for the
issuance of funding or refunding bonds with which to take
up, cancel, retire, and refund such outstanding warrants or
bonds, or any part thereof, at maturity thereof, or before the
maturity thereof, if they are subject to call for prior redemption. [1965 c 7 § 35.92.110. Prior: 1935 c 81 § 1; RRS §
9492-1. Formerly RCW 80.40.110.]
35.92.120 Funding or refunding bonds—Bonds not
general obligation. Such funding or refunding bonds shall
not be a general indebtedness of the city or town, but shall
be payable solely from a special fund created therefor by
ordinance. Each bond shall state upon its face that it is
payable from a special fund, naming the fund and the
ordinance creating it. [1965 c 7 § 35.92.120. Prior: 1935
c 81 § 2; RRS § 9492-2. Formerly RCW 80.40.120.]
35.92.130 Funding or refunding bonds—Single issue
may refund multiple series. At the option of the legislative
authority of the city or town various series and issues of
outstanding warrants or bonds, or parts thereof, issued for
the purpose of acquiring or constructing any public utility, or
for making any additions or betterments thereto or extensions
thereof, may be funded or refunded by a single issue of
funding or refunding bonds. No proportion or part of the
revenue of any one such public utility shall be pledged for
the payment of funding or refunding bonds issued to fund or
refund warrants or bonds issued for the acquisition or
construction, or the making of additions or betterments to or
extensions of, any other public utility. [1965 c 7 §
35.92.130. Prior: 1935 c 81 § 3; RRS § 9492-3. Formerly
RCW 80.40.130.]
35.92.140 Funding or refunding bonds—Issuance of
bonds—Ordinance. When the legislative authority of a city
or town determines to issue such funding or refunding
bonds, it shall provide therefor by ordinance, which shall
create a special fund for the sole purpose of paying the
bonds and the interest thereon, into which fund the ordinance
shall bind and obligate the city or town to set aside and pay
a fixed amount without regard to any fixed proportion out of
the gross revenue of the public utility as provided therein.
[Title 35 RCW—page 297]
35.92.140
Title 35 RCW: Cities and Towns
In creating such special fund, the legislative authority shall
have due regard to the cost of operation and maintenance of
the utility as constructed or added to, and to any proportion
or part of the revenue thereof previously pledged as a fund
for the payment of bonds, warrants, or other indebtedness,
and shall not bind and obligate the city or town to set aside
into the fund a greater amount of the revenue of the utility
than in its judgment will be available above the cost of
maintenance and operation and the amount or proportion of
the revenue thereof so previously pledged. [1965 c 7 §
35.92.140. Prior: 1935 c 81 § 4, part; RRS § 9492-4, part.
Formerly RCW 80.40.140.]
35.92.150 Funding or refunding bonds—Terms of
bonds. (1) Such funding or refunding bonds, together with
the interest thereon, issued against the special fund shall be
a valid claim of the owner thereof only as against such fund,
and the amount of the revenue of the utility pledged thereto,
and shall not constitute an indebtedness of the city or town
within the meaning of constitutional or statutory provisions
and limitations. They shall be sold in such manner as the
corporate authorities shall deem for the best interest of the
municipality. The effective rate of interest on the bonds
shall not exceed the effective rate of interest on warrants or
bonds to be funded or refunded thereby. Interest on the
bonds shall be paid semiannually. The bonds shall be
executed in such manner and payable at such time and place
as the legislative authority shall by ordinance determine.
Nothing in this chapter shall prevent a city or town from
funding or refunding any of its indebtedness in any other
manner provided by law. Such bonds may be of any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 69; 1965 c 7 § 35.92.150.
Prior: 1935 c 81 § 4, part; RRS § 9492-4, part. Formerly
RCW 80.40.150.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.92.160 Funding or refunding bonds—Recourse
of bond owners. When such funding or refunding bonds
have been issued and the city or town fails to set aside and
pay into the special fund from which they are payable, the
amount without regard to any fixed proportion out of the
gross revenue of the public utility which the city or town
has, by ordinance, bound and obligated itself to set aside and
pay into the special fund, the owner of any funding or
refunding bond may bring action against the city or town
and compel such setting aside and payment. [1983 c 167 §
70; 1965 c 7 § 35.92.160. Prior: 1935 c 81 § 5; RRS §
9492-5. Formerly RCW 80.40.160.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
35.92.170 City may extend water system outside
limits. When a city or town owns or operates a municipal
waterworks system and desires to extend such utility beyond
its corporate limits it may acquire, construct and maintain
any addition to or extension of the system, and dispose of
[Title 35 RCW—page 298]
and distribute water to any other municipality, water-sewer
district, community, or person desiring to purchase it. [1999
c 153 § 40; 1965 c 7 § 35.92.170. Prior: 1933 ex.s. c 17 §
1; RRS § 9502-1. Cf. 1917 c 12 § 1. Formerly RCW
80.40.170.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Water-sewer districts: Title 57 RCW.
35.92.180 City may extend water system outside
limits—May acquire property outside city. A city or town
may construct, purchase, or acquire any waterworks, pipe
lines, distribution systems and any extensions thereof,
necessary to furnish such outside service. [1965 c 7 §
35.92.180. Prior: 1933 ex.s. c 17 § 2; RRS § 9502-2. Cf.
1917 c 12 § 1. Formerly RCW 80.40.180.]
35.92.190 City may extend water system outside
limits—Cannot condemn irrigation system. No city or
town may exercise the power of eminent domain to take or
damage any waterworks, storage reservoir, site, pipe line
distribution system or any extension thereof, or any water
right, water appropriation, dam, canal, plant, or any interest
in, or to any of the above used, operated, held, or owned by
an irrigation district. [1965 c 7 § 35.92.190. Prior: 1933
ex.s. c 17 § 2A; RRS § 9502-2A. Formerly RCW
80.40.190.]
Eminent domain by cities: Chapter 8.12 RCW.
35.92.200 City may extend water system outside
limits—Contracts for outside service. A city or town may
enter into a firm contract with any outside municipality,
community, corporation, or person, for furnishing them with
water without regard to whether said water shall be considered as surplus or not and regardless of the source from
which such water is obtained, which contract may fix the
terms upon which the outside distribution systems will be
installed and the rates at which and the manner in which
payment shall be made for the water supplied or for the
service rendered. [1965 c 7 § 35.92.200. Prior: 1961 c 125
§ 1; 1957 c 288 § 8; 1933 ex.s. c 17 § 3; RRS § 9502-3.
Cf. 1917 c 12 § 1. Formerly RCW 80.40.200.]
35.92.220
Acquisition of water rights—
Consolidation of irrigation assessment districts. (1) A
city or town, situated within or served by, an irrigation
project, or projects, owned or operated by the United States
government, a water users’ association, associations, corporation, or corporations or another city or town or towns, where
the legislative authority deems it feasible to furnish water for
irrigation and domestic purposes, or either, and where the
water used for irrigation and domestic purposes or either, is
appurtenant or may become appurtenant to the land located
within such city or town, may purchase, lease, or otherwise
acquire water or water rights for the purpose of furnishing
the city or town and the inhabitants thereof with a supply of
water for irrigation and domestic purposes, or either;
purchase, construct, or otherwise acquire systems and means
of distribution and delivery of water within and without the
limits of the city or town, or for the delivery of water where
the owner of land within the city or town owns a water right
(2002 Ed.)
Municipal Utilities
appurtenant to his or her land, with full power to maintain,
repair, reconstruct, regulate, and control the same, and if
private property is necessary for such purposes, the city or
town may condemn and purchase or purchase and acquire
property, enter into any contract, and order any and all work
to be done that is necessary to carry out such purposes, and
it may do so either by the entire city or town or by assessment districts, consisting of the whole or any portion thereof,
as the legislative authority of the city or town may determine.
(2) The legislative authority of any city or town may by
ordinance authorize the consolidation of separate irrigation
assessment districts, previously established pursuant to this
section, for the purposes of construction or rehabilitation of
improvements, or of ongoing administration, service, repair,
and reconstruction of irrigation systems. The separate
irrigation assessment districts to be consolidated need not be
adjoining, vicinal, or neighboring. If the legislative authority
orders the creation of such consolidated irrigation assessment
districts, the money received and on hand from assessments
levied within the original districts shall be deposited in a
consolidated fund to be used by the municipality for future
expenses within the consolidated district. [1995 c 89 § 1;
1965 c 130 § 1; 1965 c 7 § 35.92.220. Prior: 1915 c 112
§ 1; RRS § 9495. Formerly RCW 80.40.220.]
35.92.230 Acquisition of water rights—Special
assessments. For the purpose of paying for a water right
purchased by the city or town from the United States
government where the purchase price has not been fully
paid; paying annual maintenance or annual rental charge to
the United States government or any corporation or individual furnishing the water for irrigation and domestic purposes,
or either; paying assessments made by any water users’
association; paying the cost of constructing or acquiring any
system or means of distribution or delivery of water for such
purposes; and for the upkeep, repair, reconstruction, operation, and maintenance thereof; accumulating reasonable
operating fund reserves to pay for system upkeep, repair,
operation, and maintenance, in such amount as is determined
by the city or town legislative authority; accumulating
reasonable capital fund reserves in an amount not to exceed
the total estimated cost of system construction, reconstruction, or refurbishment, over such period of time as is
determined by the city or town legislative authority; and for
any expense incidental to such purposes, the city or town
may levy and collect special assessments against the property
within any district created pursuant to RCW 35.92.220, to
pay the whole or any part of any such costs and expenses.
[1995 c 89 § 2; 1965 c 130 § 2; 1965 c 7 § 35.92.230.
Prior: 1915 c 112 § 2; RRS § 9496. Formerly RCW
80.40.230.]
35.92.240 Acquisition of water rights—Levy of
assessments. All such assessments shall be levied upon the
several parcels of land located within the local improvement
district in accordance to the special benefits conferred on
such property in proportion to the surface area, one square
foot of surface to be the unit of assessment: PROVIDED,
That where the water right is acquired or a special improvement is made for a portion of any district, the cost of the
(2002 Ed.)
35.92.220
water right or the cost of such special improvement shall be
levied in the same manner upon such portion of the district
as shall be specially benefited thereby: PROVIDED FURTHER, That whenever a special improvement is made for a
portion of any district, the land assessed for the cost thereof
shall be entitled to an equitable reduction in the annual
assessments in proportion to the reduced cost of operation on
account of the construction of the improvement. [1965 c 7
§ 35.92.240. Prior: 1915 c 112 § 3; RRS § 9497. Formerly
RCW 80.40.240.]
35.92.250 Acquisition of water rights—District
property need not be contiguous. One local improvement
district may be established for any or all of the purposes
embraced herein even though the area assessed for such
purposes may not coincide or be contiguous: PROVIDED,
That whenever the legislative body of the city or town
decides to construct a special improvement in a distribution
system, a separate local improvement district may be formed
for such portion and bonds may be issued therefor as
provided in the general local improvement law. [1965 c 7
§ 35.92.250. Prior: 1915 c 112 § 4; RRS § 9498. Formerly
RCW 80.40.250.]
Creation of local improvement districts: Chapter 35.43 RCW.
Issuance of bonds to pay for local improvements: Chapters 35.45, 35.48
RCW.
35.92.260 Acquisition of water rights—Mode of
assessment. When a city or town makes local improvements for any of the purposes specified in RCW 35.92.220
and RCW 35.92.230, as now or hereafter amended, the
proceedings relative to the creation of districts, financing of
improvements, levying and collecting assessments and all
other procedure shall be had, and the legislative authority
shall proceed in accordance with the provisions of the laws
relating to local improvement districts in cities of the first
class: PROVIDED, That when the improvement is initiated
upon petition, the petition shall set forth the fact that the
signers are the owners according to the records in the office
of the county auditor, of property to an aggregate amount of
a majority of the surface area within the limits of the
assessment district to be created: PROVIDED FURTHER,
That when an assessment is made for any purpose other than
the construction or reconstruction of any system or means of
distribution or delivery of water, it shall not be necessary for
the legislative authority to be furnished with a statement of
the aggregate assessed valuation of the real estate exclusive
of improvements in the district according to the valuation
last placed upon it for purposes of general taxation, or the
estimated amount of the cost of the improvement to be borne
by each tract of land or other property, but a statement by
the engineer or other officer, showing the estimated cost of
the improvement per square foot, shall be sufficient:
PROVIDED FURTHER, That when the legislative authority
of a city or town shall deem it necessary to levy special
assessments for the purposes specified in RCW 35.92.230,
as now or hereafter amended, other than for the purpose of
paying the costs of acquiring, constructing or reconstructing
any system or means of distribution or delivery of water for
irrigation or domestic purposes, the legislative authority for
such city or town may hold a single hearing on the assess[Title 35 RCW—page 299]
35.92.260
Title 35 RCW: Cities and Towns
ment rolls for all irrigation local improvement districts
within the city or town. Such legislative authority shall fix
the date of such hearing and shall direct the city or town
clerk to give notice thereof, in the form prescribed by RCW
35.44.080, by publication thereof in a legal newspaper of
general circulation in the city or town, once, not less than
fifteen days prior to the date fixed for hearing; and by
mailing, not less than fifteen days prior to the date fixed for
hearing, notice thereof to the owner or reputed owner of
each item of property described on the assessment roll whose
name appears on such roll at the address of such owner or
reputed owner shown on the tax rolls of the county treasurer
for each such item of property: PROVIDED FURTHER,
That when an assessment roll is once prepared and does not
include the cost of purchase, construction, or reconstruction
of works of delivery or distribution and the legislative
authority of such city or town decides to raise a similar
amount the ensuing year, it shall not be necessary to prepare
a new assessment roll, but the legislative authority may pass
a resolution of intention estimating the cost for the ensuing
year to be the same as the preceding year, and directing the
clerk to give notice stating the estimated cost per square foot
of all land within the district and refer persons interested to
the books of the treasurer, and fixing the date for a hearing
on such assessment roll. Notice of such hearing shall be
given by the city or town clerk in the form and manner
required in the preceding proviso. The treasurer shall be
present at the hearing and shall note any changes on his
books. The legislative authority shall have the same right to
make changes in the assessment roll as in an original
assessment, and after all changes have been made it shall, by
ordinance, confirm the assessment and direct the treasurer to
extend it on the books of his office. [1965 c 130 § 3; 1965
c 7 § 35.92.260. Prior: 1915 c 112 § 5; RRS § 9499.
Formerly RCW 80.40.260.]
35.92.263 Acquisition of water rights—Water rights
acquired by purchase of shares in water users’ association or corporation—Authority to acquire and hold
shares. Whenever the public interest, welfare, convenience
and necessity require that a city or town acquire water rights
for the purposes set forth in RCW 35.92.220, as now or
hereafter amended, and that such water rights be acquired
through the purchases of shares in a water users’ association
or corporation, such city or town shall have full authority
and power to acquire, or to hold in trust, such shares as shall
be necessary for said purposes. [1965 c 130 § 4.]
35.92.265 Acquisition of water rights—Existing
local improvement districts validated—Debts, obligations,
assessments, etc., declared legal and valid. Each and all
of the respective areas of land heretofore organized into local
improvement assessment districts for irrigation or domestic
water supply purposes including all areas annexed thereto,
under the provisions of chapter 112, Laws of 1915, codified
as RCW 35.92.220-35.92.260, whether organized by or
within a city or town other than a city of the first class or by
or within a city of the first class, are hereby validated and
declared to be duly existing local improvement districts
having the respective boundaries set forth in their organization or annexation proceedings as shown by the files in the
[Title 35 RCW—page 300]
office of the clerk of the city or town in which formed. All
debts, contracts and obligations heretofore made or incurred
by or in favor of any such local improvement district and
any and all assessments or levies and all other things and
proceedings done or taken by the city or town within, and by
which such districts were organized, under or in pursuance
of such organization, and under or in pursuance of the levy
and collection of special assessments by the city or town to
pay the whole or any part of the cost and expense or upkeep,
repair, reconstruction, operation and maintenance of such
local improvement districts and any expense incident to said
purposes are hereby declared legal and valid and in full force
and effect. [1965 c 130 § 5.]
35.92.270 Passenger transportation systems—
Authority to make studies—Contracts with and acquisition of privately owned systems. Every passenger transportation system owned by a municipal corporation may:
(1) Engage in planning, studies and surveys with respect
to areas within and beyond the corporate boundaries of such
municipal corporation, in order to develop a sound factual
basis for any possible future adjustment or expansion of such
municipally owned passenger transportation system;
(2) Purchase or lease privately owned passenger
transportation systems: PROVIDED, That such purchases
shall not, per se, extend the area of service of such municipally owned passenger transportation system;
(3) Contract with privately owned passenger transportation systems in order to provide adequate service in the
service area of the municipal transportation system. [1965
c 7 § 35.92.270. Prior: 1957 c 114 § 1. Formerly RCW
80.40.270.]
35.92.275 Assumption of obligations of private
pension plan when urban transportation system acquired.
See RCW 54.04.160.
35.92.280 Cities over 150,000, joint undertaking
with P.U.D. as to electric utility properties—"Electric
utility properties" defined. As used in RCW 35.92.280
through 35.92.310 "electric utility properties" shall mean any
and all permits, licenses, property rights, water rights and
any and all works, plants, dams, powerhouses, transmission
lines, switchyards, substations, property and facilities of
every kind and character which may be used, or may be
useful, in the generation and transmission of electric power
and energy, produced by water power, steam or any other
methods. [1965 c 7 § 35.92.280. Prior: 1957 c 287 § 1.
Formerly RCW 80.40.280.]
35.92.290 Cities over 150,000, joint undertaking
with P.U.D. as to electric utility properties—Agreements.
Any city or town with a population over one hundred fifty
thousand within the state of Washington owning an electric
public utility is authorized to cooperate with any public
utility district within this state in the joint acquisition,
purchase, construction, ownership, maintenance and operation, within or without the respective limits of any such city
or town or public utility district, of electric utility properties.
The respective governing bodies of any such city or town
and of any such public utility district desiring to cooperate
(2002 Ed.)
Municipal Utilities
in the joint ownership, maintenance and operation of electric
utility properties pursuant to the authority contained in RCW
35.92.280 through 35.92.310, shall by mutual agreement
provide for such joint ownership, maintenance and operation.
Such agreement shall prescribe the rights and property
interest which the parties thereto shall have in such electric
utility properties, which property interest may be either
divided or undivided; and shall further provide for the rights
of the parties thereto in the ownership and disposition of the
power and energy produced by such electric utility properties, and for the operation and management thereof. [1965
c 7 § 35.92.290. Prior: 1957 c 287 § 2. Formerly RCW
80.40.290.]
35.92.300 Cities over 150,000, joint undertaking
with P.U.D. as to electric utility properties—Financing.
Any city or town and any public utility district cooperating
under the provisions of RCW 35.92.280 through 35.92.310
may, without an election or other proceedings under any
existing law, contribute money and property, both real and
personal, to any joint undertaking pursuant hereto, and may
issue and sell revenue bonds to pay its respective share of
the costs of acquisition and construction of such electric
utility properties. Such bonds shall be issued under the
provisions of applicable laws authorizing the issuance of
revenue bonds for the acquisition and construction of electric
public utility properties by cities, towns and public utility
districts, as the case may be. [1965 c 7 § 35.92.300. Prior:
1957 c 287 § 3. Formerly RCW 80.40.300.]
Revenue bonds and warrants issued by
cities and towns to finance acquisition of public utilities: RCW 35.92.100.
public utility districts: Chapter 54.24 RCW.
35.92.310 Cities over 150,000, joint undertaking
with P.U.D. as to electric utility properties—Authority
granted is additional power. The authority and power
granted by RCW 35.92.280 through 35.92.310 is an additional grant of power to cities, towns, and public utility districts
to acquire and operate electric public utilities, and the
provisions hereof shall be construed liberally to effectuate
the authority herein conferred, and no restriction or limitation
prescribed in any other law shall prohibit the cities, towns
and public utility districts of this state from exercising the
authority herein conferred: PROVIDED, That nothing in
RCW 35.92.280 through 35.92.310 shall authorize any public
utility district or city cooperating under the provisions of
RCW 35.92.280 through 35.92.310 to condemn any property
owned or operated by any privately owned utility. [1965 c
7 § 35.92.310. Prior: 1957 c 287 § 4. Formerly RCW
80.40.310.]
35.92.350 Electrical construction or improvement—
Bid proposals—Contract proposal forms—Conditions for
issuance—Refusal—Appeal. Any city or town owning an
electrical utility shall require that bid proposals upon any
electrical construction or improvement shall be made upon
contract proposal form supplied by the governing authority
of such utility, and in no other manner. The governing
authority shall, before furnishing any person, firm or
corporation desiring to bid upon any electrical work with a
contract proposal form, require from such person, firm or
(2002 Ed.)
35.92.290
corporation, answers to questions contained in a standard
form of questionnaire and financial statement, including a
complete statement of the financial ability and experience of
such person, firm, or corporation in performing electrical
work. Such questionnaire shall be sworn to before a notary
public or other person authorized to take acknowledgment of
deeds, and shall be submitted once a year and at such other
times as the governing authority may require. Whenever the
governing authority is not satisfied with the sufficiency of
the answers contained in such questionnaire and financial
statement or whenever the governing authority determines
that such person, firm, or corporation does not meet all of
the requirements hereinafter set forth it may refuse to furnish
such person, firm or corporation with a contract proposal
form and any bid proposal of such person, firm or corporation must be disregarded. In order to obtain a contract
proposal form, a person, firm or corporation shall have all of
the following requirements:
(1) Adequate financial resources, or the ability to secure
such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity,
judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
Such refusal shall be conclusive unless appeal therefrom
to the superior court of the county where the utility district
is situated or Thurston county be taken within fifteen days,
which appeal shall be heard summarily within ten days after
the same is taken and on five days’ notice thereof to the
governing authority of the utility. [1971 ex.s. c 220 § 1.]
35.92.355 Energy conservation—Legislative findings. The conservation of energy in all forms and by every
possible means is found and declared to be a public purpose
of highest priority. The legislature further finds and declares
that all municipal corporations, quasi municipal corporations,
and other political subdivisions of the state which are
engaged in the generation, sale, or distribution of energy
should be granted the authority to develop and carry out
programs which will conserve resources, reduce waste, and
encourage more efficient use of energy by consumers.
In order to establish the most effective statewide
program for energy conservation, the legislature hereby
encourages any company, corporation, or association
engaged in selling or furnishing utility services to assist their
customers in the acquisition and installation of materials and
equipment, for compensation or otherwise, for the conservation or more efficient use of energy. The use of appropriate
tree plantings for energy conservation is encouraged as part
of these programs. [1993 c 204 § 5; 1979 ex.s. c 239 § 1.]
Findings—1993 c 204: See note following RCW 35.92.390.
Effective date—Contingency—1979 ex.s. c 239: See note following
RCW 35.92.360.
35.92.360 Energy conservation plan—Financing
authorized for energy conservation projects in structures
[Title 35 RCW—page 301]
35.92.360
Title 35 RCW: Cities and Towns
or equipment—Limitations. Any city or town engaged in
the generation, sale, or distribution of energy is hereby
authorized, within limits established by the Constitution of
the state of Washington, to assist the owners of structures or
equipment in financing the acquisition and installation of
materials and equipment, for compensation or otherwise, for
the conservation or more efficient use of energy in such
structures or equipment pursuant to an energy conservation
plan adopted by the city or town if the cost per unit of
energy saved or produced by the use of such materials and
equipment is less than the cost per unit of energy produced
by the next least costly new energy resource which the city
or town could acquire to meet future demand. Any financing authorized under this chapter shall only be used for
conservation purposes in existing structures, and such
financing shall not be used for any purpose which results in
a conversion from one energy source to another. For the
purposes of this section, "conservation purposes in existing
structures" may include projects to allow a municipal electric
utility’s customers to generate all or a portion of their own
electricity through the on-site installation of a distributed
electricity generation system that uses as its fuel solar, wind,
geothermal, or hydropower, or other renewable resource that
is available on-site and not from a commercial source. Such
projects shall not be considered "a conversion from one
energy source to another" which is limited to the change or
substitution of one commercial energy supplier for another
commercial energy supplier. Except where otherwise
authorized, such assistance shall be limited to:
(1) Providing an inspection of the structure or equipment, either directly or through one or more inspectors under
contract, to determine and inform the owner of the estimated
cost of purchasing and installing conservation materials and
equipment for which financial assistance will be approved
and the estimated life cycle savings in energy costs that are
likely to result from the installation of such materials or
equipment;
(2) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to
the service area of the city or town, each of which businesses shall have requested to be included and shall have the
ability to provide the products in a workmanlike manner and
to utilize such materials in accordance with the prevailing
national standards.
(3) Arranging to have approved conservation materials
and equipment installed by a private contractor whose bid is
acceptable to the owner of the residential structure and
verifying such installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation materials and
equipment. Such materials and equipment shall be purchased from a private business and shall be installed by a
private business or the owner.
(5) Pay back shall be in the form of incremental
additions to the utility bill, billed either together with use
charge or separately. Loans shall not exceed one hundred
twenty months in length. [2002 c 276 § 2; 1989 c 268 § 1;
1979 ex.s. c 239 § 2.]
Findings—Intent—2002 c 276: "The legislature finds that energy
conservation can take many useful and cost-effective forms, and that the
types of conservation projects available to utilities and customers evolve
with time as technologies are developed and market conditions change. In
[Title 35 RCW—page 302]
some cases, electricity conservation projects are most cost-effective when
they reduce the total amount of electricity consumed by an individual
customer, and in other cases they can be cost-effective by reducing the
amount of electricity a customer needs to purchase from an electric utility.
The legislature intends to encourage and support a broad array of costeffective energy conservation by electric utilities and customers alike by
clarifying that public utilities may assist in the financing of projects that
allow customers to generate their own electricity from renewable resources
that do not depend on commercial sources of fuel thereby reducing the
amount of electricity a public utility needs to generate or acquire on their
customers’ behalf." [2002 c 276 § 1.]
Effective date—Contingency—1979 ex.s. c 239: "This 1979 act
shall take effect on the same date as the proposed amendment to Article
VIII of the state Constitution, authorizing the use of public moneys or credit
to promote conservation or more efficient use of energy, is validly
submitted and is approved and ratified by the voters at a general election
held in November, 1979. If the proposed amendment is not so approved
and ratified, this 1979 act shall be null and void in its entirety." [1979 ex.s.
c 239 § 4.] The referenced constitutional amendment (1979 Substitute
Senate Joint Resolution No. 120) was approved by the voters on November
6, 1979. See Article VIII, section 10 of the state Constitution.
35.92.365 Tariff for irrigation pumping service—
Authority to buy back electricity. The council or board
may approve a tariff for irrigation pumping service that
allows the municipal utility to buy back electricity from
customers to reduce electricity usage by those customers
during the municipal utility’s particular irrigation season.
[2001 c 122 § 3.]
Effective date—2001 c 122: See note following RCW 80.28.310.
35.92.370 Lease of real property under electrical
transmission lines for private gardening purposes. A city
or town owning facilities for the purpose of furnishing the
city or town and its inhabitants with electricity may lease for
private gardening purposes the real property under its
electrical transmission and distribution lines for a nominal
rent to any person who has an income of less than ten
thousand dollars per year. [1981 c 100 § 1.]
35.92.380 Waiver or delay of collection of tap-in
charges, connection or hookup fees for low income
persons. Whenever a city or town waives or delays collection of tap-in charges, connection fees, or hookup fees for
low income persons, or class of low income persons, to
connect to lines or pipes used by the city or town to provide
utility service, the waiver or delay shall be pursuant to a
program established by ordinance. As used in this section,
the provision of "utility service" includes, but is not limited
to, water, sanitary or storm sewer service, electricity, gas,
other means of power, and heat. [1980 c 150 § 1.]
35.92.390 Municipal utilities encouraged to provide
customers with landscaping information and to request
voluntary donations for urban forestry. (1) Municipal
utilities under this chapter are encouraged to provide
information to their customers regarding landscaping that
includes tree planting for energy conservation.
(2) Municipal utilities under this chapter are encouraged
to request voluntary donations from their customers for the
purposes of urban forestry. The request may be in the form
of a check-off on the billing statement or other form of
request for a voluntary donation. [1993 c 204 § 2.]
(2002 Ed.)
Municipal Utilities
Findings—1993 c 204: "The legislature finds that large-scale
reduction of tree cover increases the temperature of urban areas, known as
the "heat island effect." Planting trees in urban areas for shading and
cooling mitigates the urban heat island effect and reduces energy consumption. Tree planting also can benefit the environment by combating global
climate change, reducing soil erosion, and improving air quality. Urban
forestry programs can improve urban aesthetics that will improve public and
private property values.
The legislature also finds that urban forestry programs should consider
the relationship between urban forests and public service facilities such as
water, sewer, natural gas, telephone, and electric power lines. Urban
forestry programs should promote the use of appropriate tree species that
will not interfere with or cause damage to such public service facilities."
[1993 c 204 § 1.]
35.92.400 Provision of water services and facilities—Contract with Canadian corporation. A city or
town contiguous with Canada may contract with a Canadian
corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to
furnish the city or town and other areas within its water
service area, and inhabitants thereof, and residents of Canada
with an ample supply of water. [1999 c 61 § 1.]
35.92.410 Provision of sewer services and facilities—Contract with Canadian corporation. A city or
town contiguous with Canada may contract with a Canadian
corporation for the discharge of sewage from all or any
portion of the city’s or town’s sewer service area into the
sewer system of the Canadian corporation. A city or town
contiguous with Canada may contract with a Canadian
corporation for the construction, operation, or maintenance
of sewers and sewage treatment and disposal facilities for
their joint use and benefit upon such terms and conditions
and for such period of time as the contracting parties may
determine, which may include vesting one of the contracting
parties with the sole authority to construct, operate, or
maintain the facilities with the other contracting party or
parties paying an agreed-upon portion of the expenses to the
party with sole authority to construct, operate, or maintain
the facilities. [1999 c 61 § 2.]
Chapter 35.94
SALE OR LEASE OF MUNICIPAL UTILITIES
Sections
35.94.010
35.94.020
35.94.030
35.94.040
35.94.050
Authority to sell or let.
Procedure.
Execution of lease or conveyance.
Lease or sale of land or property originally acquired for
public utility purposes.
Application of chapter to certain service provider agreements
under chapter 70.150 RCW.
35.94.010 Authority to sell or let. A city may lease
for any term of years or sell and convey any public utility
works, plant, or system owned by it or any part thereof,
together with all or any equipment and appurtenances
thereof. [1965 c 7 § 35.94.010. Prior: 1917 c 137 § 1;
RRS § 9512. Cf. 1907 c 86 §§ 1-3; 1897 c 106 §§ 1-4.
Formerly RCW 80.48.010.]
35.92.390
or system, or any part thereof, shall adopt a resolution
stating whether it desires to lease or sell. If it desires to
lease, the resolution shall state the general terms and
conditions of the lease, but not the rent. If it desires to sell
the general terms of sale shall be stated, but not the price.
The resolution shall direct the city clerk, or other proper
official, to publish the resolution not less than once a week
for four weeks in the official newspaper of the city, together
with a notice calling for sealed bids to be filed with the clerk
or other proper official not later than a certain time, accompanied by a certified check payable to the order of the city,
for such amount as the resolution shall require, or a deposit
of a like sum in money. Each bid shall state that the bidder
agrees that if his bid is accepted and he fails to comply
therewith within the time hereinafter specified, the check or
deposit shall be forfeited to the city. If bids for a lease are
called for, bidders shall bid the amount to be paid as the rent
for each year of the term of the lease. If bids for a sale are
called for, the bids shall state the price offered. The
legislative authority of the city may reject any or all bids and
accept any bid which it deems best. At the first meeting of
the legislative authority of the city held after the expiration
of the time fixed for receiving bids, or at some later meeting,
the bids shall be considered. In order for the legislative
authority to declare it advisable to accept any bid it shall be
necessary for two-thirds of all the members elected to the
legislative authority to vote in favor of a resolution making
the declaration. If the resolution is adopted it shall be
necessary, in order that the bid be accepted, to enact an
ordinance accepting it and directing the execution of a lease
or conveyance by the mayor and city clerk or other proper
official. The ordinance shall not take effect until it has been
submitted to the voters of the city for their approval or
rejection at the next general election or at a special election
called for that purpose, and a majority of the voters voting
thereon have approved it. If approved it shall take effect as
soon as the result of the vote is proclaimed by the mayor.
If it is so submitted and fails of approval, it shall be rejected
and annulled. The mayor shall proclaim the vote as soon as
it is properly certified. [1985 c 469 § 40; 1965 c 7 §
35.94.020. Prior: 1917 c 137 § 2; RRS § 9513. Cf. 1907
c 86 §§ 1-3; 1897 c 106 §§ 1-4. Formerly RCW 80.48.020.]
Elections: Title 29 RCW.
35.94.030 Execution of lease or conveyance. Upon
the taking effect of the ordinance the mayor and the city
clerk or other proper official shall execute, in the name and
on behalf of the city, the lease or conveyance directed
thereby. The lessee or grantee shall accept and execute the
instrument within ten days after notice of its execution by
the city or forfeit to the city, the amount of the check or
deposit accompanying his bid: PROVIDED, That if litigation in good faith is instituted within ten days to determine
the rights of the parties, no forfeiture shall take place unless
the lessee or grantee fails for five days after the termination
of the litigation in favor of the city to accept and execute the
lease or conveyance. [1965 c 7 § 35.94.030. Prior: 1917
c 137 § 3; RRS § 9514. Cf. 1907 c 86 §§ 1-3; 1897 c 106
§§ 1-4. Formerly RCW 80.48.030.]
35.94.020 Procedure. The legislative authority of the
city, if it deems it advisable to lease or sell the works, plant,
(2002 Ed.)
[Title 35 RCW—page 303]
35.94.040
Title 35 RCW: Cities and Towns
35.94.040 Lease or sale of land or property originally acquired for public utility purposes. Whenever a
city shall determine, by resolution of its legislative authority,
that any lands, property, or equipment originally acquired for
public utility purposes is surplus to the city’s needs and is
not required for providing continued public utility service,
then such legislative authority by resolution and after a
public hearing may cause such lands, property, or equipment
to be leased, sold, or conveyed. Such resolution shall state
the fair market value or the rent or consideration to be paid
and such other terms and conditions for such disposition as
the legislative authority deems to be in the best public
interest.
The provisions of RCW 35.94.020 and 35.94.030 shall
not apply to dispositions authorized by this section. [1973
1st ex.s. c 95 § 1.]
35.94.050 Application of chapter to certain service
provider agreements under chapter 70.150 RCW. This
chapter does not apply to dispositions of utility property in
connection with an agreement entered into pursuant to
chapter 70.150 RCW provided there is compliance with the
procurement procedure under RCW 70.150.040. [1986 c
244 § 11.]
Severability—1986 c 244: See RCW 70.150.905.
Chapter 35.95
PUBLIC TRANSPORTATION SYSTEMS
IN MUNICIPALITIES
Sections
35.95.010
35.95.020
35.95.030
Declaration of intent and purpose.
Definitions.
Appropriation of funds for transportation systems authorized—Referendum.
35.95.040 Levy and collection of excise taxes authorized—Business
and occupation tax—Excise tax on residents—
Appropriation and use of proceeds—Voter approval.
35.95.050 Collection of tax—Billing.
35.95.060 Funds derived from taxes—Restrictions on classification,
etc.
35.95.070 Purchase of leased public transportation system—Purchase
price.
35.95.080 Referendum rights not impaired.
35.95.090 Corporate authorities may refer ordinance levying tax to
voters.
35.95.100 Public transportation systems.
35.95.900 Severability—1965 ex.s. c 111.
Contracts between political subdivisions for services or use of public
transportation systems: RCW 39.33.050.
Local sales and use taxes for financing public transportation systems:
RCW 82.14.045 through 82.14.060.
Public transportation systems: RCW 35.58.272 through 35.58.2794.
35.95.010 Declaration of intent and purpose. We,
the legislature find that an increasing number of municipally
owned, or leased, and operated transportation systems in the
urban areas of the state of Washington, as in the nation, are
finding it impossible, from the revenues derived from tolls,
tariffs and fares, to maintain the financial solvency of such
systems, and as a result thereof such municipalities have
been forced to subsidize such systems to the detriment of
other essential public services.
[Title 35 RCW—page 304]
All persons in a community benefit from a solvent and
adequate public transportation system, either directly or
indirectly, and the responsibility of financing the operation,
maintenance, and capital needs of such systems is a community obligation and responsibility which should be shared by
all.
We further find and declare that the maintenance and
operation of an adequate public transportation system is an
absolute necessity and is essential to the economic, industrial
and cultural growth, development and prosperity of a
municipality and of the state and nation, and to protect the
health and welfare of the residents of such municipalities and
the public in general.
We further find and declare that the appropriation of
general funds and levying and collection of taxes by such
municipalities as authorized in the succeeding sections of
this chapter is necessary, and any funds so derived and
expended are for a public purpose for which public funds
may properly be used. [1969 ex.s. c 255 § 1; 1965 ex.s. c
111 § 1.]
Construction—Severability—1969 ex.s. c 255: See notes following
RCW 35.58.272.
35.95.020 Definitions. The following terms however
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is required by the
context:
(1) "Corporate authority" shall mean the council or other
legislative body of a municipality.
(2) "Municipality" shall mean any incorporated city,
town, county pursuant to RCW 36.57.100 and 36.57.110, any
county transportation authority created pursuant to chapter
36.57 RCW, any public transportation benefit area created
pursuant to chapter 36.57A RCW, or any metropolitan
municipal corporation created pursuant to RCW 35.58.010,
et seq: PROVIDED, That the term "municipality" shall
mean in respect to any county performing the public transportation function pursuant to RCW 36.57.100 and 36.57.110
only that portion of the unincorporated area lying wholly
within such unincorporated transportation benefit area.
(3) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, school district or political subdivision of the state,
fraternal, benevolent, religious or charitable society, club or
organization, and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity. The term "person" shall not be construed to include the
United States nor the state of Washington. [1975 1st ex.s.
c 270 § 3; 1969 ex.s. c 255 § 2; 1967 ex.s. c 145 § 65; 1965
ex.s. c 111 § 2.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Severability—Construction—1969 ex.s. c 255: See notes following
RCW 35.58.272.
35.95.030 Appropriation of funds for transportation
systems authorized—Referendum. The corporate authorities of any municipality are authorized to appropriate general
funds for the operation, maintenance, and capital needs of
municipally owned or leased and municipally operated public
transportation systems subject to the right of referendum as
provided by statute or charter. [1965 ex.s. c 111 § 3.]
(2002 Ed.)
Public Transportation Systems in Municipalities
35.95.040 Levy and collection of excise taxes
authorized—Business and occupation tax—Excise tax on
residents—Appropriation and use of proceeds—Voter
approval. The corporate authorities of a municipality are
authorized to adopt ordinances for the levy and collection of
excise taxes and/or for the imposition of an additional tax for
the act or privilege of engaging in business activities. Such
business and occupation tax shall be imposed in such
amounts as fixed and determined by the corporate authorities
of the municipality and shall be measured by the application
of rates against value of products, gross proceeds of sales, or
gross income of the business, as the case may be. The terms
"business", "engaging in business", "gross proceeds of sales",
and "gross income of the business" shall for the purpose of
this chapter have the same meanings as defined and set forth
in chapter 82.04 RCW or as said chapter may hereafter be
amended.
The excise taxes other than the business and occupation
tax above provided for shall be levied and collected from all
persons within the municipality in such amounts as shall be
fixed and determined by the corporate authorities of the
municipality: PROVIDED, That such excise tax shall not
exceed one dollar per month for each housing unit. For the
purposes of this section, the term "housing unit" shall mean
a building or portion thereof designed for or used as the
residence or living quarters of one or more persons living
together, or of one family.
All taxes herein authorized shall be taxes other than a
retail sales tax defined in chapter 82.08 RCW and a use tax
defined in chapter 82.12 RCW, and the municipality shall
appropriate and use the proceeds derived from all taxes
authorized herein only for the operation, maintenance and
capital needs of its municipally owned or leased and municipally operated public transportation system.
Before any county transportation authority established
pursuant to chapter 36.57 RCW or any public transportation
benefit area authority established pursuant to chapter 36.57A
RCW may impose any of the excise taxes authorized
pursuant to this section, the authorization for imposition of
such taxes shall be approved by the voters residing within
such respective area.
The county on behalf of an unincorporated transportation benefit area established pursuant to RCW 36.57.100 and
36.57.110 may impose any of the excise taxes authorized
pursuant to this section only within the boundaries of such
unincorporated transportation benefit area. [1975 1st ex.s. c
270 § 4; 1965 ex.s. c 111 § 4.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Municipal taxation of motor carriers of freight for hire: RCW 35.21.840.
35.95.050 Collection of tax—Billing. The tax levied
under the provisions of RCW 35.95.040 shall be billed and
collected at such times and in the manner fixed and determined by the corporate authorities in an ordinance levying
the tax: PROVIDED, That the tax shall be designated and
identified as a tax to be used solely for the operation,
maintenance, and capital needs of the municipally owned or
leased and municipally operated public transit system: AND
PROVIDED FURTHER, That the corporate authorities may
in connection with municipally owned or leased transit
(2002 Ed.)
35.95.040
systems enter into contracts covering the operation and
maintenance of such systems, including the employment of
personnel. [1967 ex.s. c 145 § 66; 1965 ex.s. c 111 § 5.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
35.95.060 Funds derived from taxes—Restrictions
on classification, etc. No funds derived from any tax levied
under the provisions of this chapter shall, for any purpose
whatsoever, be classified as or constitute income, earnings,
or revenue of the public transportation system for which the
tax is levied nor of any other public utility owned or leased
and operated by such municipality; nor shall such funds
constitute or be classified as any part of the rate structure or
rate charged for the public utility. [1965 ex.s. c 111 § 6.]
35.95.070 Purchase of leased public transportation
system—Purchase price. In the event the corporate
authorities of any municipality during the term of a lease or
any renewal thereof of a public transportation system desire
to purchase the said system, the purchase price shall be no
greater than the fair market value of the said system at the
commencement of the lease. [1965 ex.s. c 111 § 7.]
Authority to acquire and operate transportation facilities: RCW 35.92.060.
35.95.080 Referendum rights not impaired. Nothing
contained in this chapter nor the provisions of any city
charter shall prevent a referendum on any ordinance or
action adopted or taken by any municipality under the
provisions of this chapter. [1965 ex.s. c 111 § 8.]
35.95.090 Corporate authorities may refer ordinance levying tax to voters. The corporate authorities of a
municipality adopting an ordinance for the levy and collection of an excise tax or additional tax as provided in RCW
35.95.040 may refer such ordinance to the voters of the
municipality before making such ordinance effective. [1967
ex.s. c 145 § 67.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
35.95.100 Public transportation systems. See RCW
35.58.272 through 35.58.2794.
35.95.900 Severability—1965 ex.s. c 111. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1965 ex.s. c 111 § 9.]
Chapter 35.95A
CITY TRANSPORTATION AUTHORITY—
MONORAIL TRANSPORTATION
Sections
35.95A.010
35.95A.020
35.95A.030
35.95A.040
35.95A.050
35.95A.060
35.95A.070
Definitions.
Creation of authority—Vote of the people.
Creation by ordinance—Proposal by petition.
Authority subject to standard requirements of governmental entity.
Powers.
Funds and accounts—Designation of treasurer.
Excess levies—General obligation bonds—Revenue bonds.
[Title 35 RCW—page 305]
Chapter 35.95A
35.95A.080
35.95A.090
35.95A.100
35.95A.110
35.95A.120
35.95A.130
Title 35 RCW: Cities and Towns
Special excise tax—Public hearings.
Vehicle license fees—Vote of the people.
Property tax levies.
Taxes and fees—Limitation on use.
Dissolution of authority.
Special excise tax—Collection.
35.95A.010 Definitions. The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Authority" means a city transportation authority
created pursuant to chapter 248, Laws of 2002.
(2) "Authority area" means the territory within a city as
designated in the ordinance creating the authority.
(3) "Bonds" means bonds, notes, or other evidences of
indebtedness.
(4) "Public monorail transportation function" means the
transportation of passengers and their incidental baggage by
means of public monorail transportation facilities as authorized in this chapter.
(5) "Public monorail transportation facilities" means a
transportation system that utilizes train cars running on a
guideway, together with the necessary passenger stations,
terminals, parking facilities, related facilities or other
properties, and facilities necessary and appropriate for
passenger and vehicular access to and from people-moving
systems, not including fixed guideway light rail systems.
(6) "Qualified elector" means any person registered to
vote within the city boundaries. [2002 c 248 § 1.]
35.95A.020 Creation of authority—Vote of the
people. (1) A city transportation authority to perform a
public monorail transportation function may be created in
every city with a population greater than three hundred
thousand to perform a public monorail transportation
function. The authority shall embrace all the territory in the
authority area. A city transportation authority is a municipal
corporation, an independent taxing "authority" within the
meaning of Article 7, section 1 of the state Constitution, and
a "taxing district" within the meaning of Article 7, section 2
of the state Constitution.
(2) Any city transportation authority and proposed taxes
established pursuant to this chapter, either by ordinance or
petition as provided in this chapter, must be approved by a
majority vote of the electors residing within the proposed
authority area voting at a regular or special election. [2002
c 248 § 2.]
35.95A.030 Creation by ordinance—Proposal by
petition. (1) A city that undertakes to propose creation of
an authority must propose the authority by ordinance of the
city legislative body. The ordinance must:
(a) Propose the authority area and the size and method
of selection of the governing body of the authority, which
governing body may be appointed or elected, provided that
officers or employees of any single city government body
may not compose a majority of the members of the
authority’s governing body;
(b) Propose whether all or a specified portion of the
public monorail transportation function will be exercised by
the authority;
[Title 35 RCW—page 306]
(c) Propose an initial array of taxes to be voted upon by
the electors within the proposed authority area; and
(d) Provide for an interim governing body of the
authority which will govern the authority upon voter approval of formation of the authority, until a permanent governing
body is selected, but in no event longer than fourteen
months.
(2) An authority may also be proposed to be created by
a petition setting forth the matters described in subsection (1)
of this section, and signed by one percent of the qualified
electors of the proposed authority area.
(3) Upon approval by the qualified electors of the
formation of the city transportation authority and any
proposed taxes, either by ordinance or by petition as provided in this chapter, the governing body of an authority, or
interim governing body, as applicable, will adopt bylaws
determining, among other things, the authority’s officers and
the method of their selection, and other matters the governing body deems appropriate. [2002 c 248 § 3.]
35.95A.040 Authority subject to standard requirements of governmental entity. The authority is subject to
all standard requirements of a governmental entity pursuant
to RCW 35.21.759. [2002 c 248 § 4.]
35.95A.050 Powers. Every authority has the following powers:
(1) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate, and regulate the use of public monorail
transportation facilities, including passenger terminal and
parking facilities and properties, and other facilities and
properties as may be necessary for passenger and vehicular
access to and from public monorail transportation facilities,
together with all lands, rights of way, and property within or
outside the authority area, and together with equipment and
accessories necessary or appropriate for these facilities,
except that property, including but not limited to other types
of public transportation facilities, that is owned by any city,
county, county transportation authority, public transportation
benefit area, metropolitan municipal corporation, or regional
transit authority may be acquired or used by an authority
only with the consent of the public entity owning the
property. The entities are authorized to convey or lease
property to an authority or to contract for their joint use on
terms fixed by agreement between the entity and the authority;
(2) To fix rates, tolls, fares, and charges for the use of
facilities and to establish various routes and classes of
service. Rates, tolls, fares, or charges may be adjusted or
eliminated for any distinguishable class of users including,
but not limited to, senior citizens and handicapped persons;
(3) To contract with the United States or any of its
agencies, any state or any of its agencies, any metropolitan
municipal corporation, and other country, city, other political
subdivision or governmental instrumentality, or governmental
agency, or any private person, firm, or corporation for the
purpose of receiving any gifts or grants or securing loans or
(2002 Ed.)
City Transportation Authority—Monorail Transportation
advances for preliminary planning and feasibility studies, or
for the design, construction, operation, or maintenance of
public monorail transportation facilities as follows:
(a) Notwithstanding the provisions of any law to the
contrary, and in addition to any other authority provided by
law, the governing body of a city transportation authority
may contract with one or more vendors for the design,
construction, operation, or maintenance, or other service
related to the development of a monorail public transportation system including, but not limited to, monorail trains,
operating systems and control equipment, guideways, and
pylons, together with the necessary passenger stations,
terminals, parking facilities, and other related facilities
necessary and appropriate for passenger and vehicular access
to and from the monorail train.
(b) If the governing body of the city transportation
authority decides to proceed with the consideration of
qualifications or proposals for services from qualified
vendors, the authority must publish notice of its requirements
and request submission of qualifications statements or
proposals. The notice must be published in the official
newspaper of the city creating the authority at least once a
week for two weeks, not less than sixty days before the final
date for the submission of qualifications statements or
proposals. The notice must state in summary form: (i) The
general scope and nature of the design, construction, operation, maintenance, or other services being sought related to
the development of the proposed monorail, tram, or trolley
public transportation system; (ii) the name and address of a
representative of the city transportation authority who can
provide further details; (iii) the final date for the submission
of qualifications statements or proposals; (iv) an estimated
schedule for the consideration of qualifications statements or
proposals, the selection of vendors, and the negotiation of a
contract or contracts for services; (v) the location of which
a copy of any requests for qualifications statements or
requests for proposals will be made available; and (vi) the
criteria established by the governing body of the authority to
select a vendor or vendors, which may include, but is not
limited to, the vendor’s prior experience, including design,
construction, operation, or maintenance of other similar
public transportation facilities, respondent’s management
capabilities, proposed project schedule, availability and
financial resources, costs of the services to be provided,
nature of facility design proposed by the vendors, system
reliability, performance standards required for the facilities,
compatibility with existing public transportation facilities
operated by the authority or any other public body or other
providers of similar services to the public, project performance guarantees, penalties, and other enforcement provisions, environmental protection measures to be used by the
vendor, consistency with the applicable regional transportation plans, and the proposed allocation of project risks.
(c) If the governing body of the city transportation
authority decides to proceed with the consideration of
qualifications statements or proposals submitted by vendors,
it may designate a representative to evaluate the vendors
who submitted qualifications statements or proposals and
conduct discussions regarding qualifications or proposals
with one or more vendors. The governing body or its
representative may request submission of qualifications
statements and may later request more detailed proposals
(2002 Ed.)
35.95A.050
from one or more vendors who have submitted qualifications
statements, or may request detailed proposals without having
first received and evaluated qualifications statements. The
governing body or its representative will evaluate the
qualifications or proposals, as applicable. If two or more
vendors submit qualifications or proposals that meet the
criteria established by the governing body of the authority,
discussions and interviews must be held with at least two
vendors. Any revisions to a request for qualifications or
request for proposals must be made available to all vendors
then under consideration by the governing body of the
authority and must be made available to any other person
who has requested receipt of that information.
(d) Based on the criteria established by the governing
body of the authority, the representative will recommend to
the governing body a vendor or vendors that are initially
determined to be the best qualified to provide one or more
of the design, construction, operation or maintenance, or
other service related to the development of the proposed
monorail public transportation system.
(e) The governing body of the authority or its representative may attempt to negotiate a contract with the vendor or
vendors selected for one or more of the design, construction,
operation or maintenance, or other service related to the
development of the proposed monorail public transportation
system on terms that the governing body of the authority
determines to be fair and reasonable and in the best interest
of the authority. If the governing body, or its representative,
is unable to negotiate a contract with any one or more of the
vendors first selected on terms that it determines to be fair
and reasonable and in the best interest of the authority,
negotiations with any one or more of the vendors must be
terminated or suspended and another qualified vendor or
vendors may be selected in accordance with the procedures
set forth in this section. If the governing body decides to
continue the process of selection, negotiations will continue
with a qualified vendor or vendors in accordance with this
section at the sole discretion of the governing body of the
authority until an agreement is reached with one or more
qualified vendors, or the process is terminated by the
governing body. The process may be repeated until an
agreement is reached.
(f) Prior to entering into a contract with a vendor, the
governing body of the authority must make written findings,
after holding a public hearing on the proposal, that it is in
the public interest to enter into the contract, that the contract
is financially sound, and that it is advantageous for the
governing body of the authority to use this method for
awarding contracts for one or more of the design, construction, or operation or maintenance of the proposed monorail
public transportation system as compared to all other
methods of awarding such contracts.
(g) Each contract must include a project performance
bond or bonds or other security by the vendor.
(h) The provisions of chapters 39.12 and 39.19 RCW
apply to a contract entered into under this section as if the
public transportation systems and facilities were owned by
a public body.
(i) The vendor selection process permitted by this
section is supplemental to and is not construed as a repeal of
or limitation on any other authority granted by law.
[Title 35 RCW—page 307]
35.95A.050
Title 35 RCW: Cities and Towns
(j) Contracts for the construction of facilities, other than
contracts for facilities to be provided by the selected vendor,
with an estimated cost greater than two hundred thousand
dollars must be awarded after a competitive bid process
consistent with chapter 39.04 RCW or awarded through an
alternative public works contracting procedure consistent
with chapter 39.10 RCW;
(4) To contract with the United States or any of its
agencies, any state or any of its agencies, any metropolitan
municipal corporation, any other county, city, other political
subdivision or governmental instrumentality, any governmental agency, or any private person, firm, or corporation for the
use by either contracting party of all or any part of the
facilities, structures, lands, interests in lands, air rights over
lands, and rights of way of all kinds which are owned,
leased, or held by the other party and for the purpose of
planning, designing, constructing, operating any public
transportation facility, or performing any service related to
transportation which the authority is authorized to operate or
perform, on terms as may be agreed upon by the contracting
parties;
(5) To acquire any existing public transportation facility
by conveyance, sale, or lease. In any acquisition from a
county, city, or other political subdivision of the state, the
authority will receive credit from the county or city or other
political subdivision for any federal assistance and state
matching assistance used by the county or city or other
political subdivision in acquiring any portion of the public
transportation facility. Upon acquisition, the authority must
assume and observe all existing labor contracts relating to
the public transportation facility and, to the extent necessary
for operation of the public transportation facility, all of the
employees of the public transportation facility whose duties
are necessary to efficiently operate the public transportation
facility must be appointed to comparable positions to those
which they held at the time of the transfer, and no employee
or retired or pensioned employee of the public transportation
facility will be placed in any worse position with respect to
pension seniority, wages, sick leave, vacation, or other
benefits than he or she enjoyed as an employee of the public
transportation facility prior to the acquisition. Furthermore,
the authority must engage in collective bargaining with the
duly appointed representatives of any employee labor
organization having existing contracts with the acquired
facility and may enter into labor contracts with the employee
labor organization;
(6) To contract for, participate in, and support research,
demonstration, testing, and development of public monorail
transportation facilities, equipment, and use incentives, and
have all powers necessary to comply with any criteria,
standards, and regulations which may be adopted under state
and federal law, and to take all actions necessary to meet the
requirements of those laws. The authority has, in addition
to these powers, the authority to prepare, adopt, and carry
out a comprehensive public monorail plan and to make other
plans and studies and to perform programs as the authority
deems necessary to implement and comply with those laws;
(7) To establish local improvement districts within the
authority area to finance public monorail transportation
facilities, to levy special assessments on property specially
benefited by those facilities, and to issue local improvement
bonds to be repaid by the collection of local improvement
[Title 35 RCW—page 308]
assessments. The method of establishment, levying, collection, enforcement, and all other matters relating to the local
improvement districts, assessments, collection, and bonds are
as provided in the statutes governing local improvement
districts of cities and towns. The duties devolving upon the
city treasurer in those statutes are imposed on the treasurer
of the authority;
(8) To exercise all other powers necessary and appropriate to carry out its responsibilities, including without
limitation the power to sue and be sued, to own, construct,
purchase, lease, add to, and maintain any real and personal
property or property rights necessary for the conduct of the
affairs of the authority, to enter into contracts, and to employ
the persons as the authority deems appropriate. An authority
may also sell, lease, convey, or otherwise dispose of any real
or personal property no longer necessary for the conduct of
the affairs of the authority. [2002 c 248 § 5.]
35.95A.060 Funds and accounts—Designation of
treasurer. Each authority will establish necessary and
appropriate funds and accounts consistent with the uniform
system of accounts developed pursuant to RCW 43.09.210.
The authority may designate a treasurer or may contract with
any city with territory within the authority area for treasury
and other financial functions. The city must be reimbursed
for the expenses of treasury services. However, no city
whose treasurer serves as treasurer of an authority is liable
for the obligations of the authority. [2002 c 248 § 6.]
35.95A.070 Excess levies—General obligation
bonds—Revenue bonds. Every authority has the power to:
(1) Levy excess levies upon the property included
within the authority area, in the manner prescribed by Article
VII, section 2 of the state Constitution and by RCW
84.52.052 for operating funds, capital outlay funds, and
cumulative reserve funds;
(2) Issue general obligation bonds, not to exceed an
amount, together with any outstanding nonvoter-approved
general obligation indebtedness equal to one and one-half
percent of the value of the taxable property within the
authority area, as the term "value of the taxable property" is
defined in RCW 39.36.015. An authority may additionally
issue general obligation bonds, together with outstanding
voter-approved and nonvoter-approved general obligation
indebtedness, equal to two and one-half percent of the value
of the taxable property within the authority area, as the term
"value of the taxable property" is defined in RCW 39.36.015,
when the bonds are approved by three-fifths of the qualified
electors of the authority at a general or special election
called for that purpose and may provide for the retirement
thereof by levies in excess of dollar rate limitations in
accordance with the provisions of RCW 84.52.056. These
elections will be held as provided in RCW 39.36.050;
(3) Issue revenue bonds payable from any revenues
other than taxes levied by the authority, and to pledge those
revenues for the repayment of the bonds. Proceeds of
revenue bonds may only be expended for the costs of public
monorail transportation facilities, for financing costs, and for
capitalized interest during construction plus six months
thereafter. The bonds and warrants will be issued and sold
in accordance with chapter 39.46 RCW.
(2002 Ed.)
City Transportation Authority—Monorail Transportation
35.95A.070
No bonds issued by an authority are obligations of any
city, county, or the state of Washington or any political
subdivision thereof other than the authority, and the bonds
will so state, unless the legislative authority of any city or
county or the legislature expressly authorizes particular
bonds to be either guaranteed by or obligations of its
respective city or county or of the state. [2002 c 248 § 8.]
the same manner as sales and use taxes under chapter 82.14
RCW.
(5) Before any authority may impose any of the taxes
authorized under this section, the authorization for imposition
of the taxes must be approved by the qualified electors of
the authority area. [2002 c 248 § 9.]
35.95A.080 Special excise tax—Public hearings. (1)
Every authority has the power to levy and collect a special
excise tax not exceeding two and one-half percent on the
value of every motor vehicle owned by a resident of the
authority area for the privilege of using a motor vehicle.
Before utilization of any excise tax money collected under
this section for acquisition of right of way or construction of
a public monorail transportation facility on a separate right
of way, the authority must adopt rules affording the public
an opportunity for corridor public hearings and design public
hearings, which provide in detail the procedures necessary
for public participation in the following instances: (a) Prior
to adoption of location and design plans having a substantial
social, economic, or environmental effect upon the locality
upon which they are to be constructed; or (b) on the public
transportation facilities operating on a separate right of way
whenever a substantial change is proposed relating to
location or design in the adopted plan. In adopting rules the
authority must adhere to the provisions of the administrative
procedure act.
(2) A "corridor public hearing" is a public hearing that:
(a) Is held before the authority is committed to a specific
route proposal for the public transportation facility, and
before a route location is established; (b) is held to afford an
opportunity for participation by those interested in the
determination of the need for, and the location of, the public
transportation facility; and (c) provides a public forum that
affords a full opportunity for presenting views on the public
transportation facility route location, and the social, economic, and environmental effects on that location and alternate
locations. However, the hearing is not deemed to be
necessary before adoption of a transportation plan as
provided in *section 7 of this act or a vote of the qualified
electors under subsection (5) of this section.
(3) A "design public hearing" is a public hearing that:
(a) Is held after the location is established but before the
design is adopted; (b) is held to afford an opportunity for
participation by those interested in the determination of
major design features of the public monorail transportation
facility; and (c) provides a public forum to afford a full
opportunity for presenting views on the public transportation
system design, and the social, economic, and environmental
effects of that design and alternate designs, including peoplemover technology.
(4) An authority imposing a tax under subsection (1) of
this section may also impose a sales and use tax, in addition
to any tax authorized by RCW 82.14.030, upon retail car
rentals within the city that are taxable by the state under
chapters 82.08 and 82.12 RCW. The rate of tax must not
exceed 1.944 percent of the base of the tax. The base of the
tax will be the selling price in the case of a sales tax or the
rental value of the vehicle used in the case of a use tax. The
revenue collected under this subsection will be distributed in
35.95A.090 Vehicle license fees—Vote of the people.
(1) Every authority has the power to fix and impose a fee,
not to exceed one hundred dollars per vehicle, for each
vehicle that is subject to relicensing tab fees under RCW
46.16.0621 and for each vehicle that is subject to RCW
46.16.070 with an unladen weight of six thousand pounds or
less, and that is determined by the department of licensing
to be registered within the boundaries of the authority area.
The department of licensing must provide an exemption from
the fee for any vehicle the owner of which demonstrates is
not operated within the authority area.
(2) The department of licensing will administer and
collect the fee. The department will deduct a percentage
amount, as provided by contract, not to exceed two percent
of the taxes collected, for administration and collection
expenses incurred by it. The remaining proceeds will be
remitted to the custody of the state treasurer for monthly
distribution to the authority.
(3) The authority imposing this fee will delay the
effective date at least six months from the date the fee is
approved by the qualified voters of the authority area to
allow the department of licensing to implement administration and collection of the fee.
(4) Before any authority may impose any of the fees
authorized under this section, the authorization for imposition
of the fees must be approved by a majority of the qualified
electors of the authority area voting. [2002 c 248 § 10.]
(2002 Ed.)
*Reviser’s note: Section 7 of this act was vetoed by the governor.
35.95A.100 Property tax levies. (1) Every authority
has the power to impose annual regular property tax levies
in an amount equal to one dollar and fifty cents or less per
thousand dollars of assessed value of property in the authority area when specifically authorized to do so by a majority
of the voters voting on a proposition submitted at a special
election or at the regular election of the authority. A
proposition authorizing the tax levies will not be submitted
by an authority more than twice in any twelve-month period.
Ballot propositions must conform with RCW 29.30.111. The
number of years during which the regular levy will be
imposed may be limited as specified in the ballot proposition
or may be unlimited in duration. In the event an authority
is levying property taxes, which in combination with
property taxes levied by other taxing districts subject to the
limitations provided in RCW 84.52.043 and 84.52.050,
exceed these limitations, the authority’s property tax levy
shall be reduced or eliminated consistent with RCW
84.52.010.
(2) The limitation in RCW 84.55.010 does not apply to
the first levy imposed under this section following the
approval of the levies by the voters under subsection (1) of
this section. [2002 c 248 § 11.]
[Title 35 RCW—page 309]
35.95A.110
Title 35 RCW: Cities and Towns
35.95A.110 Taxes and fees—Limitation on use. All
taxes and fees levied and collected by an authority must be
used solely for the purpose of paying all or any part of the
cost of acquiring, designing, constructing, equipping,
maintaining, or operating public monorail transportation
facilities or contracting for the services thereof, or to pay or
secure the payment of all or part of the principal of or
interest on any general obligation bonds or revenue bonds
issued for authority purposes. Until expended, money
accumulated in the funds and accounts of an authority may
be invested in the manner authorized by the governing body
of the authority, consistent with state law.
If any of the revenue from any tax or fee authorized to
be levied by an authority has been pledged by the authority
to secure the payment of any bonds as herein authorized,
then as long as that pledge is in effect the legislature will not
withdraw from the authority the authorization to levy and
collect the tax or fee. [2002 c 248 § 12.]
35.95A.120 Dissolution of authority. The city
transportation authority may be dissolved by a vote of the
people residing within the boundaries of the authority if the
authority is faced with significant financial problems. Any
referendum petition to dissolve the city transportation
authority must be filed with the city council and contain
provisions for dissolution of the authority. Within seven
days, the city prosecutor must review the validity of the
petition and submit its report to the petitioner and city
council. If the petitioner’s claims are deemed valid by the
city prosecutor, within ten days of the petitioner’s filing, the
city council will confer with the petitioner concerning the
form and style of the petition, issue an identification number
for the petition, and write a ballot title for the measure. The
ballot title must be posed as a question and an affirmative
vote on the measure results in authority retention and a
negative vote on the measure results in the authority’s
dissolution. The petitioner will be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner has ninety days in
which to secure on petition forms, the signatures of not less
than fifteen percent of the registered voters in the authority
area and to file the signed petitions with the filing officer.
Each petition form must contain the ballot title and the full
text of the measure to be referred. The filing officer will
verify the sufficiency of the signatures on the petitions. If
sufficient valid signatures are properly submitted, the filing
officer shall submit the initiative to the authority area voters
at a general or special election held on one of the dates
provided in RCW 29.13.010 as determined by the city
council, which election will not take place later than one
hundred twenty days after the signed petition has been filed
with the filing officer. [2002 c 248 § 13.]
35.95A.130 Special excise tax—Collection. The
special excise tax imposed under RCW 35.95A.080(1) will
be collected at the same time and in the same manner as
relicensing tab fees under RCW 46.16.0621 and 35.95A.090.
Every year on January 1st, April 1st, July 1st, and October
1st the department of licensing shall remit special excise
taxes collected on behalf of an authority, back to the
authority, at no cost to the authority. Valuation of motor
[Title 35 RCW—page 310]
vehicles for purposes of the special excise tax imposed under
RCW 35.95A.080(1) must be consistent with chapter 82.44
RCW. [2002 c 248 § 14.]
Chapter 35.96
ELECTRIC AND COMMUNICATION
FACILITIES—CONVERSION TO UNDERGROUND
Sections
35.96.010
35.96.020
35.96.030
Declaration of public interest and purpose.
Definitions.
Conversion of electric and communication facilities to underground facilities authorized—Local improvement
districts—Special assessments.
35.96.040 Contracts for conversion—Authorized—Provisions.
35.96.050 Notice to owners to convert service lines to underground—
Objections—Hearing—Time limitation for conversion.
35.96.060 Application of provisions relating to local improvements in
cities and towns to chapter.
35.96.070 Validation of preexisting debts, contracts, obligations, etc.,
made or incurred incidental to conversion of electric and
communication facilities to underground facilities.
35.96.080 Authority granted deemed alternative and additional.
35.96.900 Severability—1967 c 119.
Counties, conversion of overhead electric and communication facilities to
underground facilities: RCW 36.88.410 through 36.88.480.
Local improvements for underground utilities transmission lines: RCW
35.43.040(12).
35.96.010 Declaration of public interest and purpose. It is hereby found and declared that the conversion of
overhead electric and communication facilities to underground facilities is substantially beneficial to the public
safety and welfare, is in the public interest and is a public
purpose, notwithstanding any resulting incidental private
benefit to any electric or communication utility affected by
such conversion. [1967 c 119 § 2.]
35.96.020 Definitions. As used in this chapter, unless
specifically defined otherwise, or unless the context indicates
otherwise:
"Conversion area" means that area in which existing
overhead electric and communication facilities are to be
converted to underground facilities pursuant to the provisions
of this chapter.
"Electric utility" means any publicly or privately owned
utility engaged in the business of furnishing electric energy
to the public in all or part of the conversion area and
includes electrical companies as defined by RCW 80.04.010
and public utility districts.
"Communication utility" means any utility engaged in
the business of affording telephonic, telegraphic, cable
television or other communication service to the public in all
or part of the conversion area and includes telephone
companies and telegraph companies as defined by RCW
80.04.010. [1967 c 119 § 3.]
35.96.030 Conversion of electric and communication
facilities to underground facilities authorized—Local
improvement districts—Special assessments. Every city
or town shall have the power to convert existing overhead
electric and communication facilities to underground facilities pursuant to RCW 35.43.190 where such facilities are
(2002 Ed.)
Electric and Communication Facilities—Conversion to Underground
owned or operated by the city or town. Where such facilities are not so owned or operated, every city or town shall
have the power to contract with electric and communication
utilities, as hereinafter provided, for the conversion of
existing overhead electric and communication facilities to
underground facilities. To provide funds to pay the whole
or any part of the cost of any such conversion, either where
the existing overhead electric and communication facilities
are owned or operated by the city or town or where they are
not so owned or operated, every city or town shall have the
power to create local improvement districts and to levy and
collect special assessments against the real property specially
benefited by such conversion. For the purpose of ascertaining the amount to be assessed against each lot or parcel of
land within any local improvement district established
pursuant to this chapter, in addition to other methods
provided by law for apportioning special benefits, the
legislative authority of any city or town may apportion all or
part of the special benefits accruing on a square footage
basis or on a per lot basis. [1967 c 119 § 4.]
35.96.040 Contracts for conversion—Authorized—
Provisions. Every city or town shall have the power to
contract with electric and communication utilities for the
conversion of existing overhead electric and communication
facilities to underground facilities including all work incidental to such conversion. Such contracts may include, among
other provisions, any of the following:
(1) For the supplying and approval by electric and
communication utilities of plans and specifications for such
conversion;
(2) For the payment to the electric and communication
utilities for any work performed or services rendered by it in
connection with the conversion project;
(3) For the payment to the electric and communication
utilities for the value of the overhead facilities removed
pursuant to the conversion;
(4) For ownership of the underground facilities by the
electric and communication utilities. [1967 c 119 § 5.]
35.96.050 Notice to owners to convert service lines
to underground—Objections—Hearing—Time limitation
for conversion. When service from the underground electric
and communication facilities is available in all or part of a
conversion area, the city or town shall mail a notice to the
owners of all structures or improvements served from the
existing overhead facilities in the area, which notice shall
state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from
the existing overhead facilities within the area to any
structure or improvement must be disconnected and removed
within ninety days after the date of the mailing of the notice;
(3) Should such owner fail to convert such service lines
from overhead to underground within ninety days after the
date of the mailing of the notice, the city or town will order
the electric and communication utilities to disconnect and
remove the service lines;
(4) Should the owner object to the disconnection and
removal of the service lines he may file his written objections thereto with the city or town clerk within thirty days
(2002 Ed.)
35.96.030
after the date of the mailing of the notice and failure to so
object within such time will constitute a waiver of his right
thereafter to object to such disconnection and removal.
If the owner of any structure or improvement served
from the existing overhead electric and communication
facilities within a conversion area shall fail to convert to
underground the service lines from such overhead facilities
to such structure or improvement within ninety days after the
mailing to him of the notice, the city or town shall order the
electric and communication utilities to disconnect and
remove all such service lines: PROVIDED, That if the
owner has filed his written objections to such disconnection
and removal with the city or town clerk within thirty days
after the mailing of the notice then the city or town shall not
order such disconnection and removal until after the hearing
on such objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the legislative
authority of such city or town, or a committee thereof, shall
conduct a hearing to determine whether the removal of all or
any part of the service lines is in the public benefit. The
hearing shall be held at such time as the legislative authority
of such city or town may establish for hearings on the
objections and shall be held in accordance with the regularly
established procedure set by the legislative authority of the
city or town. If the hearing is before a committee, the
committee shall following the hearing report its recommendation to the legislative authority of the city or town for final
action. The determination reached by the legislative authority shall be final in the absence of an abuse of discretion.
[1967 c 119 § 6.]
35.96.060 Application of provisions relating to local
improvements in cities and towns to chapter. Unless
otherwise provided in this chapter, the general provisions
relating to local improvements in cities and towns including
but not limited to chapters 35.43, 35.44, 35.45, 35.48, 35.49,
35.50, 35.53 and 35.54 RCW shall apply to local improvements authorized by this chapter. [1967 c 119 § 7.]
35.96.070 Validation of preexisting debts, contracts,
obligations, etc., made or incurred incidental to conversion of electric and communication facilities to underground facilities. All debts, contracts and obligations
heretofore made or incurred by or in favor of any city or
town incident to the conversion of overhead electric and
communication facilities to underground facilities and all
bonds, warrants, or other obligations issued by any such city
or town, or by any local improvement district created to
effect such conversion and any and all assessments heretofore levied in any such local improvement district, and all
other things and proceedings relating thereto are hereby
declared to be legal and valid and of full force and effect
from the date thereof. [1967 c 119 § 8.]
35.96.080 Authority granted deemed alternative and
additional. The authority granted by this chapter shall be
considered an alternative and additional method for converting existing overhead electric and communication facilities
to underground facilities, and for paying all or part of the
cost thereof, and shall not be construed as a restriction or
[Title 35 RCW—page 311]
35.96.080
Title 35 RCW: Cities and Towns
limitation upon any other authority for or method of converting any such facilities or placing such facilities underground
or paying all or part of the cost thereof, including, but not
limited to, existing authority or methods under chapter 35.43
RCW and chapter 35.44 RCW. [1967 c 119 § 10.]
35.96.900 Severability—1967 c 119. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1967 c 119 § 9.]
Chapter 35.97
HEATING SYSTEMS
Sections
35.97.010
35.97.020
35.97.030
35.97.040
35.97.050
35.97.060
35.97.070
35.97.080
35.97.090
35.97.100
35.97.110
35.97.120
35.97.130
35.97.900
(8) "Municipality" means a county, city, town, irrigation
district which distributes electricity, water-sewer district, port
district, or metropolitan municipal corporation.
(9) "Heating facilities or heating systems" means all real
and personal property, or interests therein, necessary or
useful for: (a) The acquisition, production, or extraction of
heat; (b) the storage of heat; (c) the distribution of heat from
its source to the place of utilization; (d) the extraction of
heat at the place of utilization from the medium by which
the heat is distributed; (e) the distribution of heat at the place
of utilization; and (f) the conservation of heat.
(10) "Hydrothermal resource" means the thermal energy
available in wastewater, sewage effluent, wells, or other
water sources, natural or manmade. [1999 c 153 § 41; 1987
c 522 § 4; 1983 c 216 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Definitions.
Heating systems authorized.
Heating systems—General powers of municipalities.
Heating systems—Specific powers of municipalities.
Heating systems—Authorized by legislative authority of
municipality—Competitive bidding.
Municipality may impose rates and charges—Classification
of customers.
Municipality may shut off heat for nonpayment—Late payment charges authorized.
Connection charges authorized.
Local improvement district—Assessments—Bonds and warrants.
Special funds authorized.
Revenue bonds—Form, terms, etc.
Revenue warrants.
Revenue bonds and warrants—Holder may enforce.
Severability—1983 c 216.
35.97.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Biomass energy system" means a system that
provides for the production or collection of organic materials
such as wood and agricultural residues and municipal solid
waste that are primarily organic materials and the conversion
or use of that material for the production of heat or substitute fuels through several processes including, but not limited
to, burning, pyrolysis, or anaerobic digestion.
(2) "Cogeneration" means the sequential generation of
two or more forms of energy from a common fuel or energy
source.
(3) "Cogeneration facility" means any machinery,
equipment, structure, process, or property or any part thereof,
installed or acquired for the primary purpose of cogeneration
by a person or corporation.
(4) "Geothermal heat" means the natural thermal energy
of the earth.
(5) "Waste heat" means the thermal energy which
otherwise would be released to the environment from an
industrial process, electric generation, or other process.
(6) "Heat" means thermal energy.
(7) "Heat source" includes but is not limited to (a) any
integral part of a heat production or heat rejection system of
an industrial facility, cogeneration facility, or electric power
generation facility, (b) geothermal well or spring, (c)
biomass energy system, (d) solar collection facility, and (e)
hydrothermal resource or heat extraction process.
[Title 35 RCW—page 312]
35.97.020 Heating systems authorized. (1) Counties,
cities, towns, irrigation districts which distribute electricity,
sewer districts, water districts, port districts, and metropolitan municipal corporations are authorized pursuant to this
chapter to establish heating systems and supply heating
services from Washington’s heat sources.
(2) Nothing in this chapter authorizes any municipality
to generate, transmit, distribute, or sell electricity. [1989 c
11 § 7; 1987 c 522 § 3; 1983 c 216 § 1.]
Severability—1989 c 11: See note following RCW 9A.56.220.
35.97.030 Heating systems—General powers of
municipalities. A municipality may construct, purchase,
acquire, add to, extend, maintain, and operate a system of
heating facilities, within or without its limits, for the purpose
of supplying its inhabitants and other persons with heat, with
full power to regulate and control the use, distribution, and
price of supplying heat, and to enter into agreements for the
maintenance and operation of heating facilities under terms
and conditions determined by the legislative authority of the
municipality. The provision of heat and heating facilities
and the establishment and operation of heating systems by a
municipality under this chapter are hereby declared to be a
public use and a public and strictly municipal purpose.
However, nothing in this chapter shall be construed to
restrain or limit the authority of any individual, partnership,
corporation, or private utility from establishing and operating
heating systems. [1983 c 216 § 3.]
35.97.040 Heating systems—Specific powers of
municipalities. In addition to the general powers under
RCW 35.97.030, and not by way of limitation, municipalities
have the following specific powers:
(1) The usual powers of a corporation, to be exercised
for public purposes;
(2) To acquire by purchase, gift, or condemnation
property or interests in property within and without the
municipality, necessary for the construction and operation of
heating systems, including additions and extensions of
heating systems. No municipality may acquire any heat
source by condemnation. To the extent judged economically
feasible by the municipality, public property and rights of
way shall be utilized in lieu of private property acquired by
(2002 Ed.)
Heating Systems
condemnation. The municipality shall determine in cooperation with existing users that addition of district heating
facilities to any public property or rights of way shall not be
a hazard or interference with existing uses or, if so, that the
cost for any relocation of facilities of existing users shall be
a cost and expense of installing the heating facility;
(3) To acquire, install, add to, maintain, and operate
heating facilities at a heat source or to serve particular
consumers of heat, whether such facilities are located on
property owned by the municipality, by the consumer of
heat, or otherwise;
(4) To sell, lease, or otherwise dispose of heating
facilities;
(5) To contract for the operation of heating facilities;
(6) To apply and qualify for and receive any private or
federal grants, loans, or other funds available for carrying
out the objects of the municipality under this chapter;
(7) Full and exclusive authority to sell and regulate and
control the use, distribution, rates, service, charges, and price
of all heat supplied by the municipality and to carry out any
other powers and duties under this chapter free from the
jurisdiction and control of the utilities and transportation
commission;
(8) To utilize fuels other than the heat sources described
in RCW 35.97.020 on a standby basis, to meet start up and
emergency requirements, to meet peak demands, or to
supplement those heat sources as necessary to provide a
reliable and economically feasible supply of heat;
(9) To the extent permitted by the state Constitution, to
make loans for the purpose of enabling suppliers or consumers of heat to finance heating facilities;
(10) To enter into cooperative agreements providing for
the acquisition, construction, ownership, financing, use,
control, and regulation of heating systems and heating
facilities by more than one municipality or by one or more
municipalities on behalf of other municipalities. [1983 c 216
§ 4.]
35.97.050 Heating systems—Authorized by legislative authority of municipality—Competitive bidding. If
the legislative authority of a municipality deems it advisable
that the municipality purchase, acquire, or construct a
heating system, or make any additions or extensions to a
heating system, the legislative authority shall so provide by
an ordinance or a resolution specifying and adopting the
system or plan proposed, declaring the estimated cost
thereof, as near as may be, and specifying the method of
financing and source of funds. Any construction, alteration,
or improvement of a heating system by any municipality
shall be in compliance with the appropriate competitive
bidding requirements in Titles 35, 36, 53, 57, or 87 RCW.
[1999 c 153 § 42; 1996 c 230 § 1603; 1983 c 216 § 5.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
35.97.060 Municipality may impose rates and
charges—Classification of customers. A municipality may
impose rates, charges, or rentals for heat, service, and
facilities provided to customers of the system if the rates
(2002 Ed.)
35.97.040
charged are uniform for the same class of customers or
service. In classifying customers served or service furnished, the legislative authority may consider: The difference in cost of service to the various customers; location of
the various customers within or without the municipality; the
difference in cost of maintenance, operation, repair, and
replacement of the various parts of the system; the different
character of the service furnished various customers; the
quantity and quality of the heat furnished; the time heat is
used; the demand on the system; capital contributions made
to the system including, but not limited to, assessments or
the amount of capital facilities provided for use by the
customer; and any other matters which present a reasonable
difference as a ground for distinction. [1983 c 216 § 6.]
35.97.070 Municipality may shut off heat for
nonpayment—Late payment charges authorized. If
prompt payment of a heating rate, charge, or rental is not
made, a municipality after reasonable notice may shut off the
heating supply to the building, place, or premises to which
the municipality supplied the heating. A municipality may
also make an additional charge for late payment. [1983 c
216 § 7.]
35.97.080 Connection charges authorized. A
municipality may charge property owners seeking to connect
to the heating system, as a condition to granting the right to
connect and in addition to the cost of the connection, such
reasonable connection charge as the legislative authority
determines to be proper in order that the property owners
bear their pro rata share of the cost of the system. Potential
customers shall not be compelled to subscribe or connect to
the heating system. The cost of connection to the system
shall include the cost of acquisition and installation of
heating facilities necessary or useful for the connection,
including any heating facilities located or installed on the
property being served. Connection charges may, in the
discretion of the municipality, be made payable in installments over a period of not more than thirty years or the
estimated life of the facilities installed, whichever is less.
Installments, if any, shall bear interest and penalties at such
rates and be payable at such times and in such manner as the
legislative authority of the municipality may provide. [1983
c 216 § 8.]
35.97.090
Local improvement district—
Assessments—Bonds and warrants. For the purpose of
paying all or a portion of the cost of heating facilities, a
municipality may form local improvement districts or utility
local improvement districts, foreclose on, levy, and collect
assessments, reassessments, and supplemental assessments;
and issue local improvement district bonds and warrants in
the manner provided by law for cities or towns. [1983 c 216
§ 9.]
35.97.100 Special funds authorized. For the purpose
of providing funds for defraying all or a portion of the costs
of planning, purchase, leasing, condemnation, or other
acquisition, construction, reconstruction, development,
improvement, extension, repair, maintenance, or operation of
a heating system, and the implementation of the powers in
[Title 35 RCW—page 313]
35.97.100
Title 35 RCW: Cities and Towns
RCW 35.97.030 and 35.97.040, a municipality may authorize, by ordinance or resolution, the creation of a special
fund or funds into which the municipality shall be obligated
to set aside and pay all or any designated proportion or
amount of any or all revenues derived from the heating
system, including any utility local improvement district
assessments, any grants received to pay the cost of the
heating system, and any municipal license fees specified in
the ordinance or resolution creating such special fund. [1983
c 216 § 10.]
35.97.110 Revenue bonds—Form, terms, etc. If the
legislative authority of a municipality deems it advisable to
finance all or a portion of the costs of planning, purchase,
leasing, condemnation, or other acquisition, construction,
reconstruction, development, improvement, and extension of
a heating system, or for the implementation of the powers in
RCW 35.97.030 and 35.97.040, or for working capital,
interest during construction and for a period of up to one
year thereafter, debt service and other reserves, and the costs
of issuing revenue obligations, a municipality may issue
revenue bonds against the special fund or fund created from
revenues or assessments. The revenue bonds so issued may
be issued in one or more series and shall be dated, shall bear
interest at such rate or rates, and shall mature at such time
or times as may be determined by the legislative authority of
the municipality, and may be made redeemable before
maturity at such price or prices and under such terms and
conditions as may be fixed by the legislative authority of the
municipality prior to the issuance of the bonds. The
legislative authority of the municipality shall determine the
form of the bonds, including any interest coupons to be
attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of
principal and interest. If an officer whose signature or a
facsimile of whose signature appears on any bonds or
coupons ceases to be such officer before the delivery of the
bonds, the signature shall for all purposes have the same
effect as if the officer had remained in office until the
delivery. The bonds may be issued in coupon or in registered form or both, and provisions may be made for the
registration of any coupon bonds as to the principal alone
and also as to both principal and interest and for the reconversion into coupon bonds of any bonds registered as to both
principal and interest. Bonds may be sold at public or
private sale for such price and bearing interest at such fixed
or variable rate as may be determined by the legislative
authority of the municipality.
The principal of and interest on any revenue bonds shall
be secured by a pledge of the revenues and receipts derived
from the heating system, including any amounts pledged to
be paid into a special fund under RCW 35.97.100, and may
be secured by a mortgage covering all or any part of the
system, including any enlargements of and additions to such
system thereafter made. The revenue bonds shall state upon
their face that they are payable from a special fund, naming
it and the ordinance creating it, and that they do not constitute a general indebtedness of the municipality. The ordinance or resolution under which the bonds are authorized to
be issued and any such mortgage may contain agreements
and provisions respecting the maintenance of the system, the
[Title 35 RCW—page 314]
fixing and collection of rates and charges, the creation and
maintenance of special funds from such revenues, the rights
and remedies available in the event of default, and other
matters improving the marketability of the revenue bonds, all
as the legislative authority of the municipality deems
advisable. Any revenue bonds issued under this chapter may
be secured by a trust agreement by and between the municipality and a corporate trustee, which may be any trust
company or bank having the powers of a trust company
within the state. Any such trust agreement or ordinance or
resolution providing for the issuance of such bonds may
contain such provisions for protecting and enforcing the
rights and remedies of the bond owners as may be reasonable and proper and not in violation of law. Any such trust
agreement may set forth the rights and remedies of the bond
owners and of the trustee and may restrict the individual
right of action by bond owners as is customary in trust
agreements or trust indentures. [1983 c 216 § 11.]
35.97.120 Revenue warrants. Revenue warrants may
be issued and such warrants and interest thereon may be
payable out of the special fund or refunded through the
proceeds of the sale of refunding revenue warrants or
revenue bonds. Every revenue warrant and the interest
thereon issued against the special fund is a valid claim of the
owner thereof only as against that fund and the amount of
revenue pledged to the fund, and does not constitute an
indebtedness of the authorized municipality. Every revenue
warrant shall state on its face that it is payable from a
special fund, naming it and the ordinance or resolution
creating it. [1983 c 216 § 12.]
35.97.130 Revenue bonds and warrants—Holder
may enforce. If a municipality fails to set aside and pay
into the special fund created for the payment of revenue
bonds and warrants the amount which it has obligated itself
in the ordinance or resolution creating the fund to set aside
and pay therein, the holder of any bond or warrant issued
against the bond may bring suit against the municipality to
compel it to do so. [1983 c 216 § 13.]
35.97.900 Severability—1983 c 216. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 216 § 15.]
Chapter 35.98
CONSTRUCTION
Sections
35.98.010
35.98.020
35.98.030
35.98.040
35.98.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1965 c 7.
35.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
(2002 Ed.)
Construction
restatements and continuations, and not as new enactments.
[1965 c 7 § 35.98.010.]
35.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1965 c 7 § 35.98.020.]
35.98.030 Invalidity of part of title not to affect
remainder. If any provision, section, or chapter of this title
or its application to any person or circumstance is held
invalid, the remainder of the provision, section, chapter, or
title, or the application thereof to other persons or circumstances is not affected. [1965 c 7 § 35.98.030.]
35.98.040
35.98.040.
Repeals and saving. See 1965 c 7 §
35.98.050 Emergency—1965 c 7. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing institutions and shall take effect immediately. [1965
c 7 § 35.98.050.]
Chapter 35.99
TELECOMMUNICATIONS, CABLE TELEVISION
SERVICE—USE OF RIGHT OF WAY
Sections
35.99.010
35.99.020
35.99.030
35.99.040
35.99.050
35.99.060
35.99.070
35.99.080
Definitions.
Permits for use of right of way.
Master, use permits—Injunctive relief—Notice—Service
providers’ duties.
Local regulations, ordinances—Limitations.
Personal wireless services—Limitations on moratoria—
Dispute resolution.
Relocation of facilities—Notice—Reimbursement.
Additional ducts or conduits—City or town may require.
Existing franchises or contracts not preempted.
35.99.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Cable television service" means the one-way
transmission to subscribers of video programming and other
programming service and subscriber interaction, if any, that
is required for the selection or use of the video programming
or other programming service.
(2) "Facilities" means all of the plant, equipment,
fixtures, appurtenances, antennas, and other facilities
necessary to furnish and deliver telecommunications services
and cable television services, including but not limited to
poles with crossarms, poles without crossarms, wires, lines,
conduits, cables, communication and signal lines and
equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the
distribution and use of telecommunications services and
cable television services.
(3) "Master permit" means the agreement in whatever
form whereby a city or town may grant general permission
to a service provider to enter, use, and occupy the right of
way for the purpose of locating facilities. This definition is
(2002 Ed.)
35.98.010
not intended to limit, alter, or change the extent of the
existing authority of a city or town to require a franchise nor
does it change the status of a service provider asserting an
existing statewide grant based on a predecessor telephone or
telegraph company’s existence at the time of the adoption of
the Washington state Constitution to occupy the right of
way. For the purposes of this subsection, a franchise, except
for a cable television franchise, is a master permit. A master
permit does not include cable television franchises.
(4) "Personal wireless services" means commercial
mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, as defined by
federal laws and regulations.
(5) "Right of way" means land acquired or dedicated for
public roads and streets, but does not include:
(a) State highways;
(b) Land dedicated for roads, streets, and highways not
opened and not improved for motor vehicle use by the
public;
(c) Structures, including poles and conduits, located
within the right of way;
(d) Federally granted trust lands or forest board trust
lands;
(e) Lands owned or managed by the state parks and
recreation commission; or
(f) Federally granted railroad rights of way acquired
under 43 U.S.C. Sec. 912 and related provisions of federal
law that are not open for motor vehicle use.
(6) "Service provider" means every corporation, company, association, joint stock association, firm, partnership,
person, city, or town owning, operating, or managing any
facilities used to provide and providing telecommunications
or cable television service for hire, sale, or resale to the
general public. Service provider includes the legal successor
to any such corporation, company, association, joint stock
association, firm, partnership, person, city, or town.
(7) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the
general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other
symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of
broadcast television or broadcast radio signals.
(8) "Use permit" means the authorization in whatever
form whereby a city or town may grant permission to a
service provider to enter and use the specified right of way
for the purpose of installing, maintaining, repairing, or
removing identified facilities. [2000 c 83 § 1.]
35.99.020 Permits for use of right of way. A city or
town may grant, issue, or deny permits for the use of the
right of way by a service provider for installing, maintaining,
repairing, or removing facilities for telecommunications
services or cable television services pursuant to ordinances,
consistent with chapter 83, Laws of 2000. [2000 c 83 § 2.]
35.99.030 Master, use permits—Injunctive relief—
Notice—Service providers’ duties. (1) Cities and towns
may require a service provider to obtain a master permit. A
[Title 35 RCW—page 315]
35.99.030
Title 35 RCW: Cities and Towns
city or town may request, but not require, that a service
provider with an existing statewide grant to occupy the right
of way obtain a master permit for wireline facilities.
(a) The procedures for the approval of a master permit
and the requirements for a complete application for a master
permit shall be available in written form.
(b) Where a city or town requires a master permit, the
city or town shall act upon a complete application within one
hundred twenty days from the date a service provider files
the complete application for the master permit to use the
right of way, except:
(i) With the agreement of the applicant; or
(ii) Where the master permit requires action of the
legislative body of the city or town and such action cannot
reasonably be obtained within the one hundred twenty day
period.
(2) A city or town may require that a service provider
obtain a use permit. A city or town must act on a request
for a use permit by a service provider within thirty days of
receipt of a completed application, unless a service provider
consents to a different time period or the service provider
has not obtained a master permit requested by the city or
town.
(a) For the purpose of this section, "act" means that the
city makes the decision to grant, condition, or deny the use
permit, which may be subject to administrative appeal, or
notifies the applicant in writing of the amount of time that
will be required to make the decision and the reasons for this
time period.
(b) Requirements otherwise applicable to holders of
master permits shall be deemed satisfied by a holder of a
cable franchise in good standing.
(c) Where the master permit does not contain procedures
to expedite approvals and the service provider requires action
in less than thirty days, the service provider shall advise the
city or town in writing of the reasons why a shortened time
period is necessary and the time period within which action
by the city or town is requested. The city or town shall
reasonably cooperate to meet the request where practicable.
(d) A city or town may not deny a use permit to a
service provider with an existing statewide grant to occupy
the right of way for wireline facilities on the basis of failure
to obtain a master permit.
(3) The reasons for a denial of a master permit shall be
supported by substantial evidence contained in a written
record. A service provider adversely affected by the final
action denying a master permit, or by an unreasonable
failure to act on a master permit as set forth in subsection
(1) of this section, may commence an action within thirty
days to seek relief, which shall be limited to injunctive
relief.
(4) A service provider adversely affected by the final
action denying a use permit may commence an action within
thirty days to seek relief, which shall be limited to injunctive
relief. In any appeal of the final action denying a use
permit, the standard for review and burden of proof shall be
as set forth in RCW 36.70C.130.
(5) A city or town shall:
(a) In order to facilitate the scheduling and coordination
of work in the right of way, provide as much advance notice
as reasonable of plans to open the right of way to those
service providers who are current users of the right of way
[Title 35 RCW—page 316]
or who have filed notice with the clerk of the city or town
within the past twelve months of their intent to place
facilities in the city or town. A city is not liable for damages for failure to provide this notice. Where the city has
failed to provide notice of plans to open the right of way
consistent with this subsection, a city may not deny a use
permit to a service provider on the basis that the service
provider failed to coordinate with another project.
(b) Have the authority to require that facilities are
installed and maintained within the right of way in such a
manner and at such points so as not to inconvenience the
public use of the right of way or to adversely affect the
public health, safety, and welfare.
(6) A service provider shall:
(a) Obtain all permits required by the city or town for
the installation, maintenance, repair, or removal of facilities
in the right of way;
(b) Comply with applicable ordinances, construction
codes, regulations, and standards subject to verification by
the city or town of such compliance;
(c) Cooperate with the city or town in ensuring that
facilities are installed, maintained, repaired, and removed
within the right of way in such a manner and at such points
so as not to inconvenience the public use of the right of way
or to adversely affect the public health, safety, and welfare;
(d) Provide information and plans as reasonably necessary to enable a city or town to comply with subsection (5)
of this section, including, when notified by the city or town,
the provision of advance planning information pursuant to
the procedures established by the city or town;
(e) Obtain the written approval of the facility or
structure owner, if the service provider does not own it, prior
to attaching to or otherwise using a facility or structure in
the right of way;
(f) Construct, install, operate, and maintain its facilities
at its expense; and
(g) Comply with applicable federal and state safety laws
and standards.
(7) Nothing in this section shall be construed as:
(a) Creating a new duty upon city [cities] or towns to be
responsible for construction of facilities for service providers
or to modify the right of way to accommodate such facilities;
(b) Creating, expanding, or extending any liability of a
city or town to any third-party user of facilities or third-party
beneficiary; or
(c) Limiting the right of a city or town to require an
indemnification agreement as a condition of a service
provider’s facilities occupying the right of way.
(8) Nothing in this section creates, modifies, expands, or
diminishes a priority of use of the right of way by a service
provider or other utility, either in relation to other service
providers or in relation to other users of the right of way for
other purposes. [2000 c 83 § 3.]
35.99.040 Local regulations, ordinances—
Limitations. (1) A city or town shall not adopt or enforce
regulations or ordinances specifically relating to use of the
right of way by a service provider that:
(2002 Ed.)
Telecommunications, Cable Television Service—Use of Right of Way
(a) Impose requirements that regulate the services or
business operations of the service provider, except where
otherwise authorized in state or federal law;
(b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and
operation of facilities or with federal or state worker safety
or public safety laws, rules, or regulations;
(c) Regulate the services provided based upon the
content or kind of signals that are carried or are capable of
being carried over the facilities, except where otherwise
authorized in state or federal law; or
(d) Unreasonably deny the use of the right of way by a
service provider for installing, maintaining, repairing, or
removing facilities for telecommunications services or cable
television services.
(2) Nothing in this chapter, including but not limited to
the provisions of subsection (1)(d) of this section, limits the
authority of a city or town to regulate the placement of
facilities through its local zoning or police power, if the
regulations do not otherwise:
(a) Prohibit the placement of all wireless or of all
wireline facilities within the city or town;
(b) Prohibit the placement of all wireless or of all
wireline facilities within city or town rights of way, unless
the city or town is less than five square miles in size and has
no commercial areas, in which case the city or town may
make available land other than city or town rights of way for
the placement of wireless facilities; or
(c) Violate section 253 of the telecommunications act of
1996, P.L. 104-104 (110 Stat. 56).
(3) This section does not amend, limit, repeal, or
otherwise modify the authority of cities or towns to regulate
cable television services pursuant to federal law. [2000 c 83
§ 4.]
35.99.050 Personal wireless services—Limitations
on moratoria—Dispute resolution. A city or town shall
not place or extend a moratorium on the acceptance and
processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of
any facilities for personal wireless services, except as
consistent with the guidelines for facilities siting implementation, as agreed to on August 5, 1998, by the federal
communications commission’s local and state government
advisory committee, the cellular telecommunications industry
association, the personal communications industry association, and the American mobile telecommunications association. Any city or town implementing such a moratorium
shall, at the request of a service provider impacted by the
moratorium, participate with the service provider in the
informal dispute resolution process included with the
guidelines for facilities siting implementation. [2000 c 83 §
5.]
35.99.060 Relocation of facilities—Notice—
Reimbursement. (1) Cities and towns may require service
providers to relocate authorized facilities within the right of
way when reasonably necessary for construction, alteration,
repair, or improvement of the right of way for purposes of
public welfare, health, or safety.
(2002 Ed.)
35.99.040
(2) Cities shall notify service providers as soon as
practicable of the need for relocation and shall specify the
date by which relocation shall be completed. In calculating
the date that relocation must be completed, cities shall
consult with affected service providers and consider the
extent of facilities to be relocated, the services requirements,
and the construction sequence for the relocation, within the
city’s overall project construction sequence and constraints,
to safely complete the relocation. Service providers shall
complete the relocation by the date specified, unless the city,
or a reviewing court, establishes a later date for completion,
after a showing by the service provider that the relocation
cannot be completed by the date specified using best efforts
and meeting safety and service requirements.
(3) Service providers may not seek reimbursement for
their relocation expenses from the city or town requesting
relocation under subsection (1) of this section except:
(a) Where the service provider had paid for the relocation cost of the same facilities at the request of the city or
town within the past five years, the service provider’s share
of the cost of relocation will be paid by the city or town
requesting relocation;
(b) Where aerial to underground relocation of authorized
facilities is required by the city or town under subsection (1)
of this section, for service providers with an ownership share
of the aerial supporting structures, the additional incremental
cost of underground compared to aerial relocation, or as
provided for in the approved tariff if less, will be paid by the
city or town requiring relocation; and
(c) Where the city or town requests relocation under
subsection (1) of this section solely for aesthetic purposes,
unless otherwise agreed to by the parties.
(4) Where a project in subsection (1) of this section is
primarily for private benefit, the private party or parties shall
reimburse the cost of relocation in the same proportion to
their contribution to the costs of the project. Service
providers will not be precluded from recovering their costs
associated with relocation required under subsection (1) of
this section, provided that the recovery is consistent with
subsection (3) of this section and other applicable laws.
(5) A city or town may require the relocation of
facilities at the service provider’s expense in the event of an
unforeseen emergency that creates an immediate threat to the
public safety, health, or welfare. [2000 c 83 § 6.]
35.99.070 Additional ducts or conduits—City or
town may require. A city or town may require that a
service provider that is constructing, relocating, or placing
ducts or conduits in public rights of way provide the city or
town with additional duct or conduit and related structures
necessary to access the conduit, provided that:
(1) The city or town enters into a contract with the
service provider consistent with RCW 80.36.150. The
contract rates to be charged should recover the incremental
costs of the service provider. If the city or town makes the
additional duct or conduit and related access structures
available to any other entity for the purposes of providing
telecommunications or cable television service for hire, sale,
or resale to the general public, the rates to be charged, as set
forth in the contract with the entity that constructed the
conduit or duct, shall recover at least the fully allocated costs
[Title 35 RCW—page 317]
35.99.070
Title 35 RCW: Cities and Towns
of the service provider. The service provider shall state both
contract rates in the contract. The city or town shall inform
the service provider of the use, and any change in use, of the
requested duct or conduit and related access structures to
determine the applicable rate to be paid by the city or town.
(2) Except as otherwise agreed by the service provider
and the city or town, the city or town shall agree that the
requested additional duct or conduit space and related access
structures will not be used by the city or town to provide
telecommunications or cable television service for hire, sale,
or resale to the general public.
(3) The city or town shall not require that the additional
duct or conduit space be connected to the access structures
and vaults of the service provider.
(4) The value of the additional duct or conduit requested
by a city or town shall not be considered a public works
construction contract.
(5) This section shall not affect the provision of an
institutional network by a cable television provider under
federal law. [2000 c 83 § 7.]
35.99.080 Existing franchises or contracts not
preempted. Chapter 83, Laws of 2000 shall not preempt
specific provisions in existing franchises or contracts
between cities or towns and service providers. [2000 c 83
§ 9.]
Chapter 35.100
DOWNTOWN AND NEIGHBORHOOD
COMMERCIAL DISTRICTS
Sections
35.100.010
35.100.020
35.100.030
35.100.040
35.100.050
35.100.900
Findings—Intent.
Definitions.
Local retail sales and use tax increment revenue—
Applications.
Local sales and use tax increment revenue—Authorization
of use by legislative authority.
Determination of amount of revenue.
Severability—2002 c 79.
35.100.010 Findings—Intent. (1) The legislature
finds:
(a) The continued economic vitality of downtown and
neighborhood commercial districts in our state’s cities is
essential to community preservation, social cohesion, and
economic growth;
(b) In recent years there has been a deterioration of
downtown and neighborhood commercial districts in both
rural and urban communities due to a shifting population
base, changes in the marketplace, and greater competition
from suburban shopping malls, discount centers, and through
the internet;
(c) This decline has eroded the ability of businesses and
property owners to renovate and enhance their commercial
and residential properties;
(d) In many areas of the state, downtown and neighborhood commercial areas are burdened further by deteriorating
buildings, vacant building that cannot be legally occupied,
and vacant brownfield infill sites which pose significant
health and safety problems to tenants and pedestrians, and
constitute a significant blight and detrimental impact on the
[Title 35 RCW—page 318]
health, safety, and welfare of the community, as well as its
economic health;
(e) Business owners in these districts need to maintain
their local economies in order to provide goods and services
to adjacent residents, to provide employment opportunities,
to restore blighted properties, and to avoid disinvestment and
economic dislocations, and have developed downtown and
neighborhood commercial district revitalization programs to
address these problems; and
(f) It is in the best interest of the state of Washington to
stop the decay of community areas and to promote and
facilitate the orderly redevelopment of these areas.
(2) It is the intent of the legislature to establish a
program to:
(a) Provide for the allocation of a portion of locally
imposed excise taxes to assist local governments in the
financing of needed health and safety improvements, public
improvements, and other public investments, to encourage
private development and to enhance and revitalize neighborhood business districts and downtown areas; and
(b) Provide technical assistance and training to local
governments, business organizations, downtown and neighborhood commercial district organizations, and business and
property owners to accomplish community and economic
revitalization and development of business districts. [2002
c 79 § 1.]
35.100.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Local retail sales and use tax" means the tax levied
by a city or town under RCW 82.14.030, excluding that
portion which a county is entitled to receive under RCW
82.14.030.
(2) "Local retail sales and use tax increment revenue"
means that portion of the local retail sales and use tax
collected in each year upon any retail sale or any use of an
article of tangible personal property within a downtown or
neighborhood commercial district that is in excess of the
amount of local retail sales and use tax collected on sales or
uses within the downtown or neighborhood commercial
district in the year preceding.
(3) "Downtown or neighborhood commercial district"
means (a) an area or areas designated by the legislative
authority of a city or town with a population over one
hundred thousand and that are typically limited to the
pedestrian core area or the central commercial district and
compact business districts that serve specific neighborhoods
within the city or town; or (b) commercial areas designated
as main street areas by the office of trade and economic
development.
(4) "Community revitalization project" means:
(a) Health and safety improvements authorized to be
publicly financed under chapter 35.80 or 35.81 RCW;
(b) Publicly owned or leased facilities within the
jurisdiction of a local government which the sponsor has
authority to provide; and
(c) Expenditure for any of the following purposes:
(i) Providing environmental analysis, professional
management, planning, and promotion within a downtown or
(2002 Ed.)
Downtown and Neighborhood Commercial Districts
neighborhood commercial district including the management
and promotion of retail trade activities in the district;
(ii) Providing maintenance and security for common or
public areas in the downtown or neighborhood commercial
district;
(iii) Historic preservation activities authorized under
RCW 35.21.395; or
(iv) Project design and planning, land acquisition, site
preparation, construction, reconstruction, rehabilitation,
improvement, operation, and installation of a public facility;
the costs of financing, including interest during construction,
legal and other professional services, taxes, and insurance;
the costs of complying with this chapter and other applicable
law; and the administrative costs reasonably necessary and
related to these costs. [2002 c 79 § 2.]
35.100.020
the provision to other persons or circumstances is not
affected. [2002 c 79 § 6.]
35.100.030 Local retail sales and use tax increment
revenue—Applications. Local retail sales and use tax
increment revenue, or any portion thereof, may be applied as
follows:
(1) To pay downtown or neighborhood commercial
district community revitalization costs;
(2) To pay into bond redemption funds established to
pay the principal and interest on general obligation or
revenue bonds issued to finance a downtown or neighborhood commercial district community revitalization project;
(3) In combination with any other public or private
funds available to the city or town for the purposes provided
in this section; or
(4) To pay any combination of costs under subsection
(1), (2), or (3) of this section. [2002 c 79 § 3.]
35.100.040 Local sales and use tax increment
revenue—Authorization of use by legislative authority.
(1) The legislative authority of a city or town may authorize
the use of local sales and use tax increment revenue for any
purpose authorized in this chapter within the boundaries of
a downtown or one or more neighborhood commercial
districts.
(2) Prior to authorizing the use of local sales and use
tax increment revenue, the legislative authority must designate the boundaries of each downtown or neighborhood
commercial district.
(3) The legislative authority of a city or town may
choose to pool the local sales and use tax increment revenue
collected in the various downtown and neighborhood
commercial districts within the city or town for the purposes
authorized in this chapter. [2002 c 79 § 4.]
35.100.050 Determination of amount of revenue. A
city or town shall determine at its own cost the amount of
local sales and use tax increment revenue that may be
generated in the downtown and neighborhood commercial
districts it designates. The department of revenue may, at its
discretion, provide advice or other assistance to cities and
towns to assist in determining local sales and use tax
increment revenue. [2002 c 79 § 5.]
35.100.900 Severability—2002 c 79. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
(2002 Ed.)
[Title 35 RCW—page 319]
Title 35A
OPTIONAL MUNICIPAL CODE
Chapters
35A.01 Interpretation of terms.
35A.02 Procedure for incorporated municipality to
become a noncharter code city.
35A.03 Incorporation as noncharter code city.
35A.05 Consolidation of code cities.
35A.06 Adoption and abandonment of noncharter
code city classification or plan of government.
35A.07 Procedure for city operating under charter
to become a charter code city.
35A.08 Procedure for adoption of charter as charter
code city.
35A.09 Amendment or revision of charters of charter code cities.
35A.10 Adoption and abandonment of charter code
city classification.
35A.11 Laws governing noncharter code cities and
charter code cities—Powers.
35A.12 Mayor-council plan of government.
35A.13 Council-manager plan of government.
35A.14 Annexation by code cities.
35A.15 Disincorporation.
35A.16 Reduction of city limits.
35A.21 Provisions affecting all code cities.
35A.24 Aeronautics.
35A.27 Libraries, museums and historical activities.
35A.28 Schools.
35A.29 Municipal elections in code cities.
35A.31 Accident claims and funds.
35A.33 Budgets in code cities.
35A.34 Biennial budgets.
35A.35 Intergovernmental relations.
35A.36 Execution of bonds by proxy in code cities.
35A.37 Funds, special purpose.
35A.38 Emergency services.
35A.39 Public documents and records.
35A.40 Fiscal provisions applicable to code cities.
35A.41 Public employment.
35A.42 Public officers and agencies, meetings, duties
and powers.
35A.43 Local improvements in code cities.
35A.44 Census.
35A.46 Motor vehicles.
35A.47 Highways and streets.
35A.49 Labor and safety regulations.
35A.56 Local service districts.
35A.57 Inclusion of code cities in metropolitan municipal corporations.
35A.58 Boundaries and plats.
35A.60 Liens.
35A.63 Planning and zoning in code cities.
35A.64 Public property, real and personal.
(2002 Ed.)
35A.65
35A.66
35A.67
35A.68
35A.69
35A.70
35A.74
35A.79
35A.80
35A.81
35A.82
35A.84
35A.88
35A.90
Publication and printing.
Health and safety—Alcohol.
Recreation and parks.
Cemeteries and morgues.
Food and drug.
Health and safety.
Welfare.
Property and materials.
Public utilities.
Public transportation.
Taxation—Excises.
Taxation—Property.
Harbors and navigation.
Construction.
Acquisition of open space, land, or rights to future development by counties,
cities, or metropolitan municipal corporations, tax levy: RCW
84.34.200 through 84.34.240, 84.52.010. See also RCW 64.04.130.
Boundary review board, extension of water and sewer service beyond
corporate boundaries to go before: RCW 36.93.090.
Credit card use by local governments: RCW 43.09.2855.
Labor relations consultants: RCW 43.09.230.
Local adopt-a-highway programs: RCW 47.40.105.
Pollution control—Municipal bonding authority: Chapter 70.95A RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
School districts agreements with other governmental entities for transportation of students or the public or for other noncommon school
purposes—Limitations: RCW 28A.160.120.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Chapter 35A.01
INTERPRETATION OF TERMS
Sections
35A.01.010
35A.01.020
35A.01.030
35A.01.035
35A.01.040
35A.01.050
35A.01.060
35A.01.070
Purpose and policy of this title—Interpretation.
Noncharter code city.
Charter code city.
Code city.
Sufficiency of petitions.
The general law.
Optional municipal code—This title.
Definitions—Change of plan or classification of municipal
government.
35A.01.080 "Councilman" defined.
35A.01.010 Purpose and policy of this title—
Interpretation. The purpose and policy of this title is to
confer upon two optional classes of cities created hereby the
broadest powers of local self-government consistent with the
Constitution of this state. Any specific enumeration of
municipal powers contained in this title or in any other
general law shall not be construed in any way to limit the
general description of power contained in this title, and any
such specifically enumerated powers shall be construed as in
[Title 35A RCW—page 1]
35A.01.010
Title 35A RCW: Optional Municipal Code
addition and supplementary to the powers conferred in
general terms by this title. All grants of municipal power to
municipalities electing to be governed under the provisions
of this title, whether the grant is in specific terms or in
general terms, shall be liberally construed in favor of the
municipality. [1967 ex.s. c 119 § 35A.01.010.]
35A.01.020 Noncharter code city. A noncharter code
city is one, regardless of population, which has initially
incorporated as a noncharter code city, subject to the
provisions of this title, or is an incorporated municipality
which has elected, under the procedure prescribed in this
title, to be classified as a noncharter code city and to be
governed according to the provisions of this title under one
of the optional forms of government provided for noncharter
code cities. [1967 ex.s. c 119 § 35A.01.020.]
35A.01.030 Charter code city. A charter code city
is one having at least ten thousand inhabitants at the time of
its organization or reorganization which has either initially
incorporated as a charter code city and has adopted a charter
under the procedure prescribed in this title; or which, as an
incorporated municipality, has elected to be classified as a
charter code city and to be governed according to the
provisions of this title and of its adopted charter. [1967 ex.s.
c 119 § 35A.01.030.]
35A.01.035 Code city. The term "code city" means
any noncharter code city or charter code city. [1967 ex.s. c
119 § 35A.01.035.]
35A.01.040 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the
circulators, signers or sponsors to be presented and considered as one petition and containing the following essential
elements when applicable, except that the elements referred
to in (d) and (e) of this subsection are essential for petitions
referring or initiating legislative matters to the voters, but are
directory as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an
accurate legal description of the area proposed for such
action and if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2)
of this section.
(2) Petitions shall be printed or typed on single sheets
of white paper of good quality and each sheet of petition
paper having a space thereon for signatures shall contain the
text or prayer of the petition and the following warning:
[Title 35A RCW—page 2]
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein
any false statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible
pencil and shall be followed by the name and address of the
signer and the date of signing.
(3) The term "signer" means any person who signs his
or her own name to the petition.
(4) To be sufficient a petition must contain valid
signatures of qualified registered voters or property owners,
as the case may be, in the number required by the applicable
statute or ordinance. Within three working days after the
filing of a petition, the officer with whom the petition is
filed shall transmit the petition to the county auditor for
petitions signed by registered voters, or to the county
assessor for petitions signed by property owners for determination of sufficiency. The officer whose duty it is to
determine the sufficiency of the petition shall proceed to
make such a determination with reasonable promptness and
shall file with the officer receiving the petition for filing a
certificate stating the date upon which such determination
was begun, which date shall be referred to as the terminal
date. Additional pages of one or more signatures may be
added to the petition by filing the same with the appropriate
filing officer prior to such terminal date. Any signer of a
filed petition may withdraw his or her signature by a written
request for withdrawal filed with the receiving officer prior
to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the
person and the petition certain. The name of any person
seeking to withdraw shall be signed exactly the same as
contained on the petition and, after the filing of such request
for withdrawal, prior to the terminal date, the signature of
any person seeking such withdrawal shall be deemed
withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their
invalidity has been proved.
(6) A variation on petitions between the signatures on
the petition and that on the voter’s permanent registration
caused by the substitution of initials instead of the first or
middle names, or both, shall not invalidate the signature on
the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the
petition shall be stricken.
(9) When petitions are required to be signed by the
owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the
petition is required, the following shall apply:
(a) The signature of a record owner, as determined by
the records of the county auditor, shall be sufficient without
the signature of his or her spouse;
(2002 Ed.)
Interpretation of Terms
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the
signature of the contract purchaser, as shown by the records
of the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation
showing such authority;
(e) When property stands in the name of a deceased
person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian,
as the case may be, shall be equivalent to the signature of
the owner of the property.
(10) The officer who is responsible for determining the
sufficiency of the petition shall do so in writing and transmit
the written certificate to the officer with whom the petition
was originally filed. [1996 c 286 § 7; 1985 c 281 § 26;
1967 ex.s. c 119 § 35A.01.040.]
Severability—1985 c 281: See RCW 35.10.905.
35A.01.050 The general law. For the purposes of
this optional municipal code, "the general law" means any
provision of state law, not inconsistent with this title, enacted
before or after the enactment of this title, which is by its
terms applicable or available to all cities or towns. Except
when expressly provided to the contrary, whenever in this
optional municipal code reference is made to "the general
law", or to specific provisions of the Revised Code of Washington, it shall mean "the general law, or such specific
provisions of the Revised Code of Washington as now
enacted or as the same may hereafter be amended". [1967
ex.s. c 119 § 35A.01.050.]
35A.01.060 Optional municipal code—This title.
References contained in this title to "Optional Municipal
Code", "this title", "this code" or to any specific chapter,
section, or provision thereof shall refer to the whole or
appropriate part of Title 35A RCW, as now or hereafter
amended. [1967 ex.s. c 119 § 35A.01.060.]
35A.01.070 Definitions—Change of plan or classification of municipal government. Where used in this title
with reference to procedures established by this title in
regard to a change of plan or classification of government,
unless a different meaning is plainly required by the context:
(1) "Classify" means a change from a city of the first or
second class, an unclassified city, or a town, to a code city.
(2) "Classification" means either that portion of the
general law under which a city or a town operates under
Title 35 RCW as a first or second class city, unclassified
city, or town, or otherwise as a code city.
(3) "Organize" means to provide for officers after
becoming a code city, under the same general plan of
government under which the city operated prior to becoming
a code city, pursuant to RCW 35A.02.055.
(2002 Ed.)
35A.01.040
(4) "Organization" means the general plan of government under which a city operates.
(5) "Plan of government" means a mayor-council form
of government under chapter 35A.12 RCW, council-manager
form of government under chapter 35A.13 RCW, or a
mayor-council, council-manager, or commission form of
government in general that is retained by a noncharter code
city as provided in RCW 35A.02.130, without regard to
variations in the number of elective offices or whether
officers are elective or appointive.
(6) "Reclassify" means changing from a code city to the
classification, if any, held by such a city immediately prior
to becoming a code city.
(7) "Reclassification" means changing from city or town
operating under Title 35 RCW to a city operating under Title
35A RCW, or vice versa; a change in classification.
(8) "Reorganize" means changing the plan of government under which a city or town operates to a different
general plan of government. A city or town shall not be
deemed to have reorganized simply by increasing or decreasing the number of members of its legislative body.
(9) "Reorganization" means a change in general plan of
government under which a city operates, but an increase or
decrease in the number of members of its legislative body
shall not be deemed to constitute a reorganization. [2001 c
33 § 1. Prior: 1994 c 223 § 24; 1994 c 81 § 66; 1979 ex.s.
c 18 § 1.]
Severability—1979 ex.s. c 18: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 18 § 36.]
35A.01.080 "Councilman" defined. As used in this
title, the term "councilman" or "councilmen" means
councilmember or councilmembers. [1981 c 213 § 2.]
Chapter 35A.02
PROCEDURE FOR INCORPORATED
MUNICIPALITY TO BECOME A NONCHARTER
CODE CITY
Sections
35A.02.010
35A.02.020
35A.02.025
35A.02.030
35A.02.035
35A.02.040
Adoption of noncharter code city classification authorized.
Petition method—Direct.
Referendum.
Resolution method.
Referendum.
Certification of ordinance—Transcript of record to secretary
of state.
35A.02.050 Election of new officers.
35A.02.055 Election of new officers—Exception where same general
plan of government is retained.
35A.02.060 Petition for election.
35A.02.070 Resolution for election.
35A.02.080 Election of officers upon approval of plan of government by
voters.
35A.02.090 Alternative plan of government.
35A.02.120 Effective date of reclassification and reorganization.
35A.02.130 Adoption of classification of noncharter code city without
change of governmental plan.
35A.02.140 Petition or resolution pending—Restriction—Exception.
Incorporation subject to approval by boundary review board: RCW
36.93.090.
[Title 35A RCW—page 3]
35A.02.010
Title 35A RCW: Optional Municipal Code
35A.02.010 Adoption of noncharter code city
classification authorized. Any incorporated city or town
may become a noncharter code city in accordance with, and
be governed by, the provisions of this title relating to
noncharter code cities and may select one of the plans of
government authorized by this title. A city or town adopting
and organizing under the optional municipal code shall not
be deemed to have reorganized and to have abandoned its
existing general plan of government, upon changing classification and becoming a noncharter code city, solely because
organizing under a plan of government authorized in this
title changes the number of elective offices or changes the
terms thereof, or because an office becomes appointive
rather than elective, or because that city or town has come
under the optional municipal code, or because of any
combination of these factors. [1979 ex.s. c 18 § 2; 1967
ex.s. c 119 § 35A.02.010.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.020 Petition method—Direct. When a
petition is filed, signed by registered voters of an incorporated city or town, in number equal to not less than fifty
percent of the votes cast at the last general municipal
election, seeking the adoption by the city or town of the
classification of noncharter code city, either under its
existing authorized plan of government or naming one of the
plans of government authorized for noncharter code cities,
the county auditor shall promptly proceed to determine the
sufficiency of the petition under the rules set forth in RCW
35A.01.040. If the petition is found to be sufficient, the
county auditor shall file with the legislative body a certificate of sufficiency of the petition. Thereupon the legislative
body of such city or town shall, by resolution, declare that
the inhabitants of the city or town have decided to adopt the
classification of noncharter code city and to be governed
under the provisions of this title. If a prayer for reorganization is included in the petition such resolution shall also
declare that the inhabitants of the city or town have decided
to reorganize under the plan of government specified in the
petition. The legislative body shall cause such resolution to
be published at least once in a newspaper of general circulation within the city or town not later than ten days after the
passage of the resolution. Upon the expiration of the
ninetieth day from, but excluding the date of, first publication of the resolution, if no timely and sufficient referendum
petition has been filed pursuant to RCW 35A.02.025, as now
or hereafter amended, as determined by RCW 35A.29.170,
the legislative body at its next regular meeting shall effect
the decision of the inhabitants, as expressed in the petition,
by passage of an ordinance adopting for the city the classification of noncharter code city, and if the petition also sought
governmental reorganization by adoption of one of the plans
of government authorized for noncharter code cities involving a different general plan of government from that under
which the city is operating, then the legislative body shall
provide at that time for such reorganization by ordinance and
for election of all new officers pursuant to RCW
35A.02.050, as now or hereafter amended. [1990 c 259 § 2;
1979 ex.s. c 18 § 3; 1967 ex.s. c 119 § 35A.02.020.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
[Title 35A RCW—page 4]
35A.02.025 Referendum. Upon the filing of a
referendum petition in the manner provided in RCW
35A.29.170 signed by qualified electors in number equal to
not less than ten percent of the votes cast in the last general
municipal election, such resolution as authorized by RCW
35A.02.020 shall be referred to the voters for confirmation
or rejection in the next general municipal election if one is
to be held within one hundred and eighty days from the date
of filing of the referendum petition, or at a special election
to be called for that purpose in accordance with RCW
29.13.020. [1979 ex.s. c 18 § 4; 1967 ex.s. c 119 §
35A.02.025.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.030 Resolution method. When a majority of
the legislative body of an incorporated city or town determines that it would serve the best interests and general
welfare of such municipality to change the classification of
such city or town to that of noncharter code city, such
legislative body may, by resolution, declare its intention to
adopt for the city or town the classification of noncharter
code city. If the legislative body so determines, such
resolution may also contain a declaration of intention to
reorganize the municipal government under one of the plans
of government authorized in this title, naming such plan; but
it shall also be lawful for the legislative body of any
incorporated city or town which is governed under a plan of
government authorized prior to the time this title takes effect
to adopt for the city or town the classification of noncharter
code city while retaining the same general plan of government under which such city or town is then operating.
Within ten days after the passage of the resolution, the
legislative body shall cause it to be published at least once
in a newspaper of general circulation within the city or town.
Upon the expiration of the ninetieth day from, but excluding
the date of first publication of the resolution, if no timely
and sufficient referendum petition has been filed pursuant to
RCW 35A.02.035, as determined by RCW 35A.29.170, the
intent expressed in such resolution shall at the next regular
meeting of the legislative body be effected by an ordinance
adopting for the city or town the classification of noncharter
code city; and, if the resolution includes a declaration of
intention to reorganize, the legislative body shall provide at
that time for such reorganization by ordinance. [1979 ex.s.
c 18 § 5; 1967 ex.s. c 119 § 35A.02.030.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.035 Referendum. Upon the filing of a
referendum petition in the manner provided in RCW
35A.29.170 signed by qualified electors of an incorporated
city or town in number equal to not less than ten percent of
the votes cast in the last general municipal election, such
resolution shall be referred for approval or rejection by the
voters at an election as specified in RCW 35A.02.025.
[1967 ex.s. c 119 § 35A.02.035.]
35A.02.040 Certification of ordinance—Transcript
of record to secretary of state. When one or more ordinances are passed under RCW 35A.02.020 or 35A.02.030,
as now or hereafter amended, the clerk of the city or town
shall forward to the secretary of state a certified copy of any
(2002 Ed.)
Procedure for Incorporated Municipality to Become a Noncharter Code City
such ordinance. Upon the filing in the office of the secretary of state of a certified copy of an ordinance adopting the
classification of noncharter code city, such city or town shall
thereafter be classified as a noncharter code city; except that
if there is also filed with the secretary of state a certified
copy of an ordinance providing for reorganization of the
municipal government of such city or town under a different
general plan of government, such reclassification and
reorganization shall not be effective until the election,
qualification, and assumption of office under RCW
35A.02.050 as now or hereafter amended of at least a
quorum of all new officers under the plan of government so
adopted. [1979 ex.s. c 18 § 6; 1970 ex.s. c 52 § 1; 1967
ex.s. c 119 § 35A.02.040.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.050 Election of new officers. The first
election of officers where required for reorganization under
a different general plan of government newly adopted in a
manner provided in RCW 35A.02.020, 35A.02.030,
35A.06.030, or 35A.06.060, as now or hereafter amended,
shall be at the next general municipal election if one is to be
held more than ninety days but not more than one hundred
and eighty days after certification of a reorganization
ordinance or resolution, or otherwise at a special election to
be held for that purpose in accordance with RCW 29.13.020.
In the event that the first election of officers is to be held at
a general municipal election, such election shall be preceded
by a primary election pursuant to RCW 29.21.010 and
29.13.070. In the event that the first election of all officers
is to be held at a special election rather than at a general
election, and notwithstanding any provisions of any other
law to the contrary, such special election shall be preceded
by a primary election to be held on a date authorized by
RCW 29.13.010, and the persons nominated at that primary
election shall be voted upon at the next succeeding special
election that is authorized by RCW 29.13.010: PROVIDED,
That in the event the ordinances calling for reclassification
or reclassification and reorganization under the provisions of
Title 35A RCW have been filed with the secretary of state
pursuant to RCW 35A.02.040 in an even-numbered year at
least ninety days prior to a state general election then the
election of new officers shall be concurrent with the state
primary and general election and shall be conducted as set
forth in general election law.
Upon reorganization, candidates for all offices shall file
or be nominated for and successful candidates shall be
elected to specific council positions. The initial terms of
office for those elected at a first election of all officers shall
be as follows: (1) A simple majority of the persons who are
elected as councilmembers receiving the greatest numbers of
votes and the mayor in a city with a mayor-council plan of
government shall be elected to four-year terms of office, if
the election is held in an odd-numbered year, or three-year
terms of office, if the election is held in an even-numbered
year; and (2) the other persons who are elected as
councilmembers shall be elected to two-year terms of office,
if the election is held in an odd-numbered year, or one-year
terms of office, if the election is held in an even-numbered
year. The newly elected officials shall take office immediately when they are elected and qualified, but the length of
(2002 Ed.)
35A.02.040
their terms of office shall be calculated from the first day of
January in the year following the election. Thereafter, each
person elected as a councilmember or mayor in a city with
a mayor-council plan of government shall be elected to a
four-year term of office. Each councilmember and mayor in
a city with a mayor-council plan of government shall serve
until a successor is elected and qualified and assumes office
as provided in RCW 29.04.170.
The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the
reorganized noncharter code city all books of record,
documents and papers in their possession belonging to such
municipal corporation before the reorganization thereof.
[1994 c 223 § 25; 1979 ex.s. c 18 § 7; 1971 ex.s. c 251 § 1;
1970 ex.s. c 52 § 2; 1967 ex.s. c 119 § 35A.02.050.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.02.055 Election of new officers—Exception
where same general plan of government is retained.
Where a city elects to become a noncharter code city under
one of the optional plans of government provided in Title
35A RCW for code cities which involves the same general
plan of government as that under which the city operated
prior to the choice and where with the change in classification the number of councilmanic positions in a city remains
the same or increases from five to seven, the procedures for
the first election of officers which appear in RCW
35A.02.050 shall not be followed. When membership in a
city council remains the same or is increased upon becoming
a noncharter code city, the terms of incumbent council
members shall not be affected. If the number of council
members is increased from five to seven, the city council
shall, by majority vote, pursuant to RCW 35A.12.050 and
35A.13.020, appoint two persons to serve in these offices
until the next municipal general election, at which election
one person shall be elected for a two-year term and one
person shall be elected for a four-year term.
A first election of all officers upon a change in classification to a noncharter code city is also not required where
the change in classification otherwise retains the same
general or specific plan of government and where the change
in classification results in a decrease in the number of
councilmanic positions in a city.
If the membership in a city council is decreased from
seven to five members upon adopting the classification of
noncharter code city, this decrease in the number of council
members shall be determined in the following manner: The
council members shall determine by lot which two councilmanic positions shall be eliminated upon the expiration of
their terms of office. The terms of the remaining council
members shall not be affected. [1979 ex.s. c 18 § 8.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.02.060 Petition for election. When a petition
which is sufficient under the rules set forth in RCW
35A.01.040 is filed with the legislative body of an incorporated city or town, signed by qualified electors of such municipality in number equal to not less than ten percent of the
votes cast at the last general municipal election, seeking
adoption by the city or town of the classification of
[Title 35A RCW—page 5]
35A.02.060
Title 35A RCW: Optional Municipal Code
noncharter code city and the reorganization of the city or
town under one of the plans of government authorized in this
title, the county auditor shall file with the legislative body
thereof a certificate of sufficiency of such petition. Thereupon, the legislative body shall cause such proposal to be
submitted to the voters at the next general municipal election
if one is to be held within one hundred eighty days after
certification of the sufficiency of the petition, or at a special
election to be held for that purpose not less than ninety days
nor more than one hundred and eighty days from such
certification of sufficiency. Ballot titles for elections under
this chapter shall be prepared by the city attorney as provided in *RCW 35A.29.120. [1990 c 259 § 3; 1967 ex.s. c 119
§ 35A.02.060.]
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.02.070 Resolution for election. The legislative
body of an incorporated city or town may, by resolution,
submit to the voters in the next general municipal election if
one is to be held within one hundred and eighty days after
passage of the resolution, or in a special election to be called
for that purpose not less than ninety days nor more than one
hundred and eighty days after passage of the resolution, a
proposal that the city or town adopt the classification of
noncharter code city and organize under one of the plans of
government authorized in this title, naming such plan. [1967
ex.s. c 119 § 35A.02.070.]
35A.02.080 Election of officers upon approval of
plan of government by voters. If the majority of votes cast
at an election for organization under a plan provided in this
title favor the plan, the city or town shall elect in accordance
with RCW 35A.02.050 the officers for the positions created.
The former officers of the municipality shall, upon the
election and qualification of the new officers, deliver to the
proper officers of the new noncharter code city all books of
record, documents and papers in their possession belonging
to such municipal corporation before reorganization. [1971
ex.s. c 251 § 2; 1967 ex.s. c 119 § 35A.02.080.]
with the powers conferred by this title. [1967 ex.s. c 119 §
35A.02.120.]
35A.02.130 Adoption of classification of noncharter
code city without change of governmental plan. Any
incorporated city or town governed under a plan of government authorized prior to the time this title takes effect
may become a noncharter code city without changing such
plan of government by the use of the petition-for-election or
resolution-for-election procedures provided in RCW
35A.02.060 and 35A.02.070 to submit to the voters a
proposal that such municipality adopt the classification of
noncharter code city while retaining its existing plan of
government, and upon a favorable vote on the proposal, such
municipality shall be classified as a noncharter code city and
retain its old plan of government, such reclassification to be
effective upon the filing of the record of such election with
the office of the secretary of state. Insofar as the provisions
of *RCW 35A.02.100 and 35A.02.110 are applicable to an
election on such a reclassification proposal they shall apply
to such election. [1994 c 223 § 26; 1994 c 81 § 67; 1967
ex.s. c 119 § 35A.02.130.]
*Reviser’s note: RCW 35A.02.100 and 35A.02.110 were repealed by
1994 c 223 § 92.
35A.02.140 Petition or resolution pending—
Restriction—Exception. While proceedings are pending
under any petition or resolution relating to reclassification of
a municipality or reorganization of the government thereof
pursuant to this chapter, no resolution shall be passed for the
purpose of initiating other such proceedings or submitting
other such proposals to the voters at an election thereunder;
and no petition for reclassification or reorganization of such
municipality shall be accepted for filing pending such
proceedings, except that a timely and sufficient petition
seeking to place on the ballot for such election a proposal
for an alternative plan of government authorized by this title,
as provided in RCW 35A.02.090, may be filed and acted
upon. [1967 ex.s. c 119 § 35A.02.140.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.02.090 Alternative plan of government.
Proposals for each of the plans of government authorized by
this title may be placed on the ballots in the same election
by timely petition as provided in this chapter. When the
ballot contains alternative proposals for each of the plans of
government the ballot shall clearly state that voters may vote
for only one of the plans of government. [1971 ex.s. c 251
§ 3; 1967 ex.s. c 119 § 35A.02.090.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.02.120 Effective date of reclassification and
reorganization. Upon the filing of the certified copy of the
resolution with the secretary of state, the county auditor shall
issue certificates of election to the successful candidates for
the offices under the plan of government for which a
majority of the votes were cast, and upon the issuance of
such certificates, such city or town shall become a
noncharter code city governed under the plan of government
chosen by the voters, under the provisions of this title and
[Title 35A RCW—page 6]
Chapter 35A.03
INCORPORATION AS NONCHARTER CODE CITY
Sections
35A.03.001 Actions subject to review by boundary review board.
35A.03.005 Incorporation to be governed by chapter 35.02 RCW.
35A.03.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.03 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 36.]
35A.03.005 Incorporation to be governed by
chapter 35.02 RCW. Noncharter code cities shall be
incorporated as provided in chapter 35.02 RCW. [1986 c
234 § 36.]
(2002 Ed.)
Consolidation of Code Cities
Chapter 35A.05
CONSOLIDATION OF CODE CITIES
Sections
35A.05.001 Actions subject to review by boundary review board.
35A.05.005 Consolidation of code cities.
35A.05.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.05 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 37.]
35A.05.005 Consolidation of code cities. Code cities
shall consolidate as provided in chapter 35.10 RCW. [1985
c 281 § 14.]
Severability—1985 c 281: See RCW 35.10.905.
Chapter 35A.06
ADOPTION AND ABANDONMENT OF
NONCHARTER CODE CITY CLASSIFICATION OR
PLAN OF GOVERNMENT
Sections
35A.06.010 Each optional plan of government declared complete form
of government.
35A.06.020 Laws applicable to noncharter code cities.
35A.06.030 Abandonment of plan of government of a noncharter code
city.
35A.06.040 Abandonment—Resolution or petition for election.
35A.06.050 Abandonment—Election.
35A.06.060 Abandonment—Reorganization under plan adopted—
Effective date.
35A.06.070 Abandonment of noncharter code city classification without
reorganization.
35A.06.010 Each optional plan of government
declared complete form of government. Each of the
optional plans of government authorized by chapter 35A.12
RCW and chapter 35A.13 RCW, with any amendments
thereto, is declared to be a complete and separate plan of
government authorized by the legislature for submission to
the voters of a municipality or for adoption by resolution of
the legislative body thereof in the manner provided herein,
and is additional to the plans of government existing prior to
the time this title takes effect. [1967 ex.s. c 119 §
35A.06.010.]
35A.06.020 Laws applicable to noncharter code
cities. The classifications of municipalities as first class
cities, second class cities, unclassified cities, and towns, and
the restrictions, limitations, duties, and obligations specifically imposed by law upon such classes of cities and towns,
shall have no application to noncharter code cities, but every
noncharter code city, by adopting such classification, has
elected to be governed by the provisions of this title, with
the powers granted hereby. However, any code city that
retains its old plan of government is subject to the laws
applicable to that old plan of government until the city
abandons its old plan of government and reorganizes and
adopts a plan of government under chapter 35A.12 or
35A.13 RCW. [1997 c 361 § 17; 1995 c 134 § 11. Prior:
(2002 Ed.)
Chapter 35A.05
1994 c 223 § 27; 1994 c 81 § 68; 1967 ex.s. c 119 § 35A.06.020.]
35A.06.030 Abandonment of plan of government of
a noncharter code city. By use of the resolution for
election or petition for election methods described in RCW
35A.06.040, any noncharter code city which has operated for
more than six consecutive years under one of the optional
plans of government authorized by this title, or for more
than a combined total of six consecutive years under a
particular plan of government both as a code city and under
the same general plan under Title 35 RCW immediately
prior to becoming a code city, may abandon such organization and may reorganize and adopt another plan of
government authorized for noncharter code cities, but only
after having been a noncharter code city for more than one
year or a city after operating for more than six consecutive
years under a particular plan of government as a noncharter
code city: PROVIDED, That these limitations shall not
apply to a city seeking to adopt a charter.
In reorganization under a different general plan of
government as a noncharter code city, officers shall serve the
remainder of their terms. If a city with a mayor-council plan
of government is reorganized with a council-manager plan of
government, the mayor shall serve as a councilmember for
the remainder of his or her term. If a city with a councilmanager plan of government is reorganized with a mayorcouncil plan of government, the mayor shall be elected as
provided in RCW 35A.02.050. When a noncharter code city
adopts a plan of government other than those authorized
under Title 35A RCW, such city ceases to be governed
under this optional municipal code, shall be classified as a
city or town of the class selected in the proceeding for
adoption of such new plan, with the powers granted to such
class under the general law, and shall elect officers as
provided in RCW 35A.02.050. [2001 c 33 § 2; 1994 c 223
§ 28; 1994 c 81 § 69; 1979 ex.s. c 18 § 14; 1971 ex.s. c 251
§ 13; 1967 ex.s. c 119 § 35A.06.030.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.06.040 Abandonment—Resolution or petition
for election. Upon the passage of a resolution of the
legislative body of a noncharter code city, or upon the filing
of a sufficient petition with the county auditor signed by
registered voters in number equal to not less than ten percent
of the votes cast at the last general municipal election
therein, proposing abandonment by the city of the plan of
government under which it is then operating and adoption of
another plan, naming such plan, the sufficiency of the
petition for abandonment shall be determined, an election
ordered and conducted, and the results declared generally as
provided in chapter 35A.02 RCW insofar as such provisions
are applicable. If the resolution or petition proposes a plan
of government other than those authorized in chapters
35A.12 RCW and 35A.13 RCW of this title, the resolution
or petition shall specify the class under which such city will
be classified upon adoption of such plan. [1990 c 259 § 4;
1967 ex.s. c 119 § 35A.06.040.]
Sufficiency of petition in code city: RCW 35A.01.040.
[Title 35A RCW—page 7]
35A.06.050
Title 35A RCW: Optional Municipal Code
35A.06.050 Abandonment—Election. The proposal
for abandonment of a plan of government as authorized in
RCW 35A.06.030 and for adoption of the plan named in the
resolution or petition shall be voted upon at the next general
municipal election if one is to be held within one hundred
and eighty days or otherwise at a special election called for
that purpose in accordance with RCW 29.13.020. The ballot
title and statement of the proposition shall be prepared by
the city attorney as provided in RCW *29.27.060 and
35A.29.120. [1994 c 223 § 29; 1979 ex.s. c 18 § 15; 1967
ex.s. c 119 § 35A.06.050.]
*Reviser’s note: RCW 29.27.060 was repealed by 2000 c 197 § 15.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.06.060 Abandonment—Reorganization under
plan adopted—Effective date. If a majority of votes cast
at the election favor abandonment of the general plan of
government under which the noncharter code city is then
organized and reorganization under the different general plan
proposed in the resolution or petition, the officers to be
elected shall be those prescribed by the plan of government
so adopted, and they shall be elected as provided in RCW
35A.06.030. If the city is adopting a plan of government
other than those authorized under this title, the officers shall
be elected at the next succeeding general municipal election.
Upon the election, qualification, and assumption of office by
such officers the reorganization of the government of such
municipality shall be complete and such municipality shall
thereafter be governed under such plan. If the plan so
adopted is not a plan authorized for noncharter code cities,
upon the election, qualification, and assumption of office by
such officers the municipality shall cease to be a noncharter
code city governed under the provisions of this optional
municipal code and shall revert to the classification selected
and shall be governed by the general laws relating to municipalities of such class with the powers conferred by law upon
municipalities of such class. Such change of classification
shall not affect the then existing property rights or liabilities
of the municipal corporation. [2001 c 33 § 3; 1979 ex.s. c
18 § 16; 1967 ex.s. c 119 § 35A.06.060.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.06.070 Abandonment of noncharter code city
classification without reorganization. By means of the
procedures set forth in this chapter, insofar as they apply,
any noncharter code city which has been governed under the
provisions of this title for more than six years may abandon
the classification of noncharter code city and elect to be
governed under the general law relating to cities or towns of
the classification held by such city immediately prior to
becoming a noncharter code city, if any, or relating to cities
or towns of the highest class for which it is qualified by
population, with the powers conferred by law upon such
class, while retaining the plan of government under which it
is then organized. A change of classification approved by a
majority of the voters voting on such proposition shall
become effective upon the filing of the record of such election with the office of the secretary of state. [1967 ex.s. c
119 § 35A.06.070.]
[Title 35A RCW—page 8]
Chapter 35A.07
PROCEDURE FOR CITY OPERATING UNDER
CHARTER TO BECOME A CHARTER CODE CITY
Sections
35A.07.010
35A.07.020
35A.07.025
35A.07.030
35A.07.035
35A.07.040
Adoption of charter code city classification authorized.
Petition method—Direct.
Referendum.
Resolution method.
Referendum.
Certification of ordinance—Transcript of record to secretary
of state.
35A.07.050 Petition for election.
35A.07.060 Resolution for election.
35A.07.070 Election on reclassification—Effective date of reclassification upon favorable vote.
35A.07.010 Adoption of charter code city classification authorized. Any city having ten thousand inhabitants
which is governed under a charter may become a charter
code city by a procedure prescribed in this chapter and be
governed under this title, with the powers conferred hereby.
[1967 ex.s. c 119 § 35A.07.010.]
35A.07.020 Petition method—Direct. When a
petition is filed, signed by registered voters of a charter city
in number equal to not less than fifty percent of the votes
cast at the last general municipal election, seeking the
adoption by the charter city of the classification of charter
code city the legislative body of such city shall direct the
county auditor to determine the sufficiency of the petition
under the rules set forth in RCW 35A.01.040. If the petition
is found to be sufficient, the county auditor shall file with
the legislative body a certificate of sufficiency of the
petition. Thereupon the legislative body of the charter city
shall, by resolution, declare that the inhabitants of such city
have decided to adopt the classification of charter code city
and to be governed under this title. The legislative body
shall cause such resolution to be published at least once in
a newspaper of general circulation within the city not later
than ten days after the passage of the resolution. Upon the
expiration of the ninetieth day from, but excluding the date
of first publication of the resolution, if no timely and sufficient referendum petition has been filed, as determined by
RCW 35A.29.170, the legislative body shall effect the
decision of the inhabitants, as expressed in the petition, by
passage of an ordinance adopting for the city the classification of charter code city. [1990 c 259 § 5; 1967 ex.s. c 119
§ 35A.07.020.]
35A.07.025 Referendum. Upon the filing of a
referendum petition in the manner provided in RCW
35A.29.170 signed by qualified electors in number equal to
not less than ten percent of the votes cast in the last general
municipal election, the resolution authorized by RCW
35A.07.020 shall be referred to the voters for confirmation
or rejection in the next general municipal election, if one is
to be held within one hundred and eighty days from the date
of filing of the referendum petition, or at a special election
to be called for that purpose not less than ninety days nor
more than one hundred and eighty days from the filing of
such referendum petition. [1967 ex.s. c 119 § 35A.07.025.]
(2002 Ed.)
Procedure for City Operating Under Charter to Become a Charter Code City
35A.07.030
35A.07.030 Resolution method. When a majority of
the legislative body of a charter city determines that it would
serve the best interests and general welfare of such city to
become a charter code city, such legislative body may, by
resolution, declare its intention to adopt for the city the
classification of charter code city and to be governed under
the provisions of this title, with the powers conferred hereby.
Within ten days after the passage of the resolution, the
legislative body shall cause it to be published at least once
in a newspaper of general circulation within the city. Upon
the expiration of the ninetieth day from, but excluding the
date of first publication of the resolution, if no timely and
sufficient referendum petition has been filed, as determined
by RCW 35A.29.170, the intent expressed in such resolution
shall be effected by passage of an ordinance adopting for the
city the classification of charter code city. [1967 ex.s. c 119
§ 35A.07.030.]
cation of charter code city and be governed under the
provisions of this title with the powers conferred hereby.
[1967 ex.s. c 119 § 35A.07.060.]
35A.07.035 Referendum. Upon the filing of a
referendum petition in the manner provided in RCW
35A.29.170 signed by qualified electors in number equal to
not less than ten percent of the votes cast in the last general
municipal election, the resolution authorized by RCW
35A.07.030 shall be referred to the voters for approval or rejection at an election as specified in RCW 35A.07.025.
[1967 ex.s. c 119 § 35A.07.035.]
Chapter 35A.08
PROCEDURE FOR ADOPTION OF CHARTER AS
CHARTER CODE CITY
35A.07.040 Certification of ordinance—Transcript
of record to secretary of state. When an ordinance is
passed as provided in RCW 35A.07.020 or 35A.07.030, the
clerk of the charter city shall forward to the secretary of
state a certified copy thereof. Upon the filing of the
certified copy of the ordinance in the office of the secretary
of state, such city shall be classified as a charter code city
and shall thereafter be governed under the provisions of this
optional municipal code and have the powers conferred
hereby. [1967 ex.s. c 119 § 35A.07.040.]
35A.07.050 Petition for election. When a petition
which is sufficient under the rules set forth in RCW
35A.01.040 is filed with the legislative body of a charter
city, signed by registered voters of such city in number equal
to not less than ten percent of the votes cast at the last
general municipal election, seeking adoption by the city of
the classification of charter code city, the county auditor
shall file with the legislative body thereof a certificate of
sufficiency of such petition. Thereupon the legislative body
shall cause such proposal to be submitted to the voters at the
next general municipal election if one is to be held within
one hundred eighty days, or at a special election to be held
for that purpose not less than ninety days nor more than one
hundred and eighty days after the filing of such petition.
Ballot titles for such election shall be prepared by the city
attorney as provided in *RCW 35A.29.120. [1990 c 259 §
6; 1967 ex.s. c 119 § 35A.07.050.]
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.07.060 Resolution for election. The legislative
body of a charter city may, by resolution, submit to the
voters at an election held within the time period specified in
RCW 35A.07.050 a proposal that the city adopt the classifi(2002 Ed.)
35A.07.070 Election on reclassification—Effective
date of reclassification upon favorable vote. Notice of
elections under this chapter shall be given, the election
conducted, and the result declared generally as provided in
chapter 35A.02 RCW, insofar as such provisions are applicable. If a majority of votes cast on the proposition are in
favor of adoption of the classification of charter code city,
upon the certification of the record of election to the office
of the secretary of state, such city shall become a charter
code city and shall be governed under the provisions of this
title and have the powers conferred on charter code cities.
[1967 ex.s. c 119 § 35A.07.070.]
Sections
35A.08.010
35A.08.020
35A.08.030
35A.08.040
35A.08.050
35A.08.060
35A.08.070
35A.08.080
35A.08.090
35A.08.100
35A.08.110
35A.08.120
Adoption of charter authorized.
Determining population.
Resolution or petition for election.
Election on question—Election of charter commission.
Organization of charter commission—Vacancies—Duties.
Expenses of commission members—Consultants and assistants.
Public hearing.
Submission of charter—Election of officers—Publication.
Conduct of elections.
Ballot titles.
Certificates of election to officers—Effective date of becoming charter code city.
Authentication of charter.
35A.08.010 Adoption of charter authorized. Any
city having a population of ten thousand or more inhabitants
may become a charter code city and be governed under the
provisions of this title by adopting a charter for its own
government in the manner prescribed in this chapter. Once
any city, having ten thousand population, has adopted such
a charter, any subsequent decrease in population below ten
thousand shall not affect its status as a charter code city.
[1967 ex.s. c 119 § 35A.08.010.]
35A.08.020 Determining population. For the
purposes of this chapter, the population of a city shall be the
number of residents shown by the figures released for the
most recent official state or federal census, by a population
determination made under the direction of the office of
financial management, or by a city census conducted in the
following manner:
(1) The legislative authority of any such city may
provide by ordinance for the appointment by the mayor
thereof, of such number of persons as may be designated in
the ordinance to make an enumeration of all persons residing
within the corporate limits of the city. The enumerators so
appointed, before entering upon their duties, shall take an
oath for the faithful performance thereof and within five
days after their appointment proceed, within their respective
[Title 35A RCW—page 9]
35A.08.020
Title 35A RCW: Optional Municipal Code
districts, to make an enumeration of all persons residing
therein, with their names and places of residence.
(2) Immediately upon the completion of the enumeration, the enumerators shall make return thereof upon oath to
the legislative authority of the city, who at its next meeting
or as soon thereafter as practicable, shall canvass and certify
the returns.
(3) If it appears therefrom that the whole number of
persons residing within the corporate limits of the city is ten
thousand or more, the mayor and clerk under the corporate
seal of the city shall certify the number so ascertained to the
secretary of state, who shall file it in his office. This
certificate when so filed shall be conclusive evidence of the
population of the city. [1979 c 151 § 32; 1967 ex.s. c 119
§ 35A.08.020.]
good faith for the purpose of endorsing the person named
therein for election to the charter commission. A written
acceptance of the nomination by the nominee shall be affixed to the petition when filed with the county auditor.
Nominating petitions need not be in the form prescribed in
RCW 35A.01.040. Any nominee may withdraw his nomination by a written statement of withdrawal filed at any time
not later than five days before the last day allowed for filing
nominations. The positions on the charter commission shall
be designated by consecutive numbers one through fifteen,
and the positions so designated shall be considered as
separate offices for all election purposes. A nomination
shall be made for a specific numbered position. [1990 c 259
§ 7; 1967 ex.s. c 119 § 35A.08.040.]
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.08.050 Organization of charter commission—
Vacancies—Duties. Within ten days after its election the
charter commission shall hold its first meeting, elect one of
the members as chairman, and adopt such rules for the
conduct of its business as it may deem advisable. In the
event of a vacancy in the charter commission, the remaining
members shall fill it by appointment thereto of some
properly qualified person. A majority shall constitute a
quorum for transaction of business but final charter recommendations shall require a majority vote of the whole
membership of the commission. The commission shall study
the plan of government of the city, compare it with other
available plans of government, and determine whether, in its
judgment, the government of the city could be strengthened,
made more responsive or accountable to the people, or
whether its operation could be made more economical or
more efficient by amendment of the existing plan or adoption of another plan of government. The commission shall
consider the plans of government described in this title but
shall not be limited to such plans in its recommendations for
the government of the city and may frame a charter for any
plan it deems suitable for the good government of the city;
except that the provisions of such charter shall not be valid
if inconsistent with the Constitution of this state, the provisions of this title, or the general laws of the state, insofar as
they are applicable to cities governed under this title. [1967
ex.s. c 119 § 35A.08.050.]
35A.08.030 Resolution or petition for election. The
legislative body of any city having ten thousand or more
inhabitants may, by resolution, provide for submission to the
voters of the question whether the city shall become a
charter code city and be governed in accordance with a
charter to be adopted by the voters under the provisions of
this title. The legislative body must provide for such an
election upon receipt of a sufficient petition therefor signed
by qualified electors in number equal to not less than ten
percent of the votes cast at the last general municipal
election therein. The question may be submitted to the
voters at the next general municipal election if one is to be
held within one hundred and eighty days or at a special
election held for that purpose not less than ninety nor more
than one hundred and eighty days after the passage of the
resolution or the filing of the certificate of sufficiency of the
petition. At such election provision shall also be made for
the election of fifteen freeholders who, upon a favorable vote
on the question, shall constitute the charter commission
charged with the duty of framing a charter for submission to
the voters. If the vote in favor of adopting a charter receives
forty percent or less of the total vote on the question of
charter adoption, no new election on the question of charter
adoption may be held for a period of two years from the
date of the election in which the charter proposal failed.
[2001 c 33 § 4; 1967 ex.s. c 119 § 35A.08.030.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.08.040 Election on question—Election of
charter commission. The election on the question whether
to adopt a charter and become a charter code city and the
nomination and election of the members of the charter
commission shall be conducted, and the result declared,
according to the laws regulating and controlling elections in
the city. Candidates for election to the charter commission
must be nominated by petition signed by ten registered
voters of the city and residents therein for a period of at
least two years preceding the election. A nominating
petition shall be filed within the time allowed for filing
declarations of candidacy and shall be verified by an
affidavit of one or more of the signers to the effect that the
affiant believes that the candidate and all of the signers are
registered voters of the city and he signed the petition in
[Title 35A RCW—page 10]
35A.08.060 Expenses of commission members—
Consultants and assistants. Members of the charter
commission shall serve without compensation but shall be
reimbursed by the city from any funds for their necessary
expenses incurred in the performance of their duties. The
legislative body may, in its discretion, make a reasonable
appropriation of the city funds to provide for public information and discussion concerning the purposes and progress
of the commission’s work and/or to provide technical or
clerical assistance to the commission in its work. Within the
limits of any such appropriation and privately contributed
funds and services as may be available to it, the charter
commission may appoint one or more consultants and
clerical or other assistants to serve at the pleasure of the
commission and may fix a reasonable compensation to be
paid such consultants and assistants. [1967 ex.s. c 119 §
35A.08.060.]
(2002 Ed.)
Procedure for Adoption of Charter As Charter Code City
35A.08.070 Public hearing. The charter commission
shall hold at least one public hearing in the course of its
deliberations, may hold committee meetings and may
sponsor public forums and promote public education and
discussion respecting its work. [1967 ex.s. c 119 §
35A.08.070.]
35A.08.080 Submission of charter—Election of
officers—Publication. Within one hundred and eighty days
from the date of its first meeting, the charter commission, or
a majority thereof, shall frame a charter for the city and
submit the charter to the legislative body of the city, which,
within five days thereafter shall initiate proceedings for the
submission of the proposed charter to the qualified electors
of the city at the next general election if one is to be held
within one hundred and eighty days or at a special election
to be held for that purpose not less than ninety nor more
than one hundred and eighty days after submission of the
charter to the legislative body. The legislative body shall
cause the proposed charter to be published in a newspaper of
general circulation in the city at least once each week for
four weeks next preceding the day of submitting the same to
the electors for their approval. At this election the first
officers to serve under the provisions of the proposed charter
shall also be elected. If the election is from wards, the
division into wards as specified in the proposed charter shall
govern; in all other respects the then existing laws relating
to such elections shall govern. The notice of election shall
specify the objects for which the election is held and shall be
given as required by law. [1967 ex.s. c 119 § 35A.08.080.]
35A.08.090 Conduct of elections. The election upon
the question of becoming a charter code city and framing a
charter and the election of the charter commission, and the
election upon the adoption or rejection of the proposed charter and the officers to be elected thereunder, the returns of
both elections, the canvassing thereof, and the declaration of
the result shall be governed by the laws regulating and
controlling elections in the city. [1967 ex.s. c 119 §
35A.08.090.]
35A.08.100 Ballot titles. Ballot titles for elections
under this chapter shall be prepared by the city attorney as
provided in *RCW 35A.29.120. The ballot statement in the
election for adopting or rejecting the proposed charter shall
clearly state that, upon adoption of the proposed charter, the
city would be governed by its charter and by this title.
[1967 ex.s. c 119 § 35A.08.100.]
*Reviser’s note: RCW 35A.29.120 was repealed by 1994 c 223 § 92.
35A.08.110 Certificates of election to officers—
Effective date of becoming charter code city. If a majority of the votes cast at the election upon the adoption of the
proposed charter favor it, certificates of election shall be
issued to each officer elected at that election. Within ten
days after the issuance of the certificates of election, the
newly elected officers shall qualify as provided in the
charter, and on the tenth day thereafter at twelve o’clock
noon of that day or on the next business day if the tenth day
is a Saturday, Sunday or holiday, the officers so elected and
qualified shall enter upon the duties of the offices to which
(2002 Ed.)
35A.08.070
they were elected and at such time the charter shall be
authenticated, recorded, attested and go into effect, and the
city shall thereafter be classified as a charter code city.
When so authenticated, recorded and attested, the charter
shall become the organic law of the city and supersede any
existing charter and amendments thereto and all special laws
inconsistent therewith. [1967 ex.s. c 119 § 35A.08.110.]
35A.08.120 Authentication of charter. The authentication of the charter shall be by certificate of the mayor in
substance as follows:
"I, . . . . . ., mayor of the city of . . . . . ., do hereby
certify that in accordance with the provisions of the Constitution and statutes of the state of Washington, the city of
. . . . . . caused fifteen freeholders to be elected on the
. . . . . . day of . . . . . ., 19. . . as a charter commission to
prepare a charter for the city; that due notice of that election
was given in the manner provided by law and that the
following persons were declared elected to prepare and
propose a charter for the city, to wit: . . . . . . . . . . . . . .
..........................................
That thereafter on the . . . . day of . . . . . ., 19. . . the
charter commission returned a proposed charter for the city
of . . . . . . signed by the following members thereof:
......
That thereafter the proposed charter was published in
. . . . . . . . . (indicate name of newspaper in which published), for at least once each week for four weeks next
preceding the day of submitting the same to the electors for
their approval.
(Indicate dates of publication.)
That thereafter on the . . . . day of . . . . . ., 19. . ., at an
election duly called and held, the proposed charter was
submitted to the qualified electors thereof, and the returns
canvassed resulting as follows: For the proposed charter
. . . . votes; against the proposed charter, . . . . votes;
majority for the proposed charter, . . . . votes; whereupon the
charter was declared adopted by a majority of the qualified
electors voting at the election.
I further certify that the foregoing is a full, true and
complete copy of the proposed charter so voted upon and
adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand
and affix the corporate seal of the said city at my office this
. . . . day of . . . . . ., 19. . .
............................
Mayor of the city of . . . . . . . . . . . . .
Attest:
.........................
Clerk of the city of . . . . . . (corporate seal)."
Immediately after authentication, the authenticated
charter shall be recorded by the city clerk in a book provided
for that purpose known as the charter book of the city of
. . . . . . and when so recorded shall be attested by the clerk
and mayor under the corporate seal of the city. All amendments shall be in like manner recorded and attested.
All courts shall take judicial notice of a charter and all
amendments thereto when recorded and attested as required
in this section. [1967 ex.s. c 119 § 35A.08.120.]
[Title 35A RCW—page 11]
Chapter 35A.09
Title 35A RCW: Optional Municipal Code
Chapter 35A.09
AMENDMENT OR REVISION OF CHARTERS OF
CHARTER CODE CITIES
stated on the ballots and unless a majority of the votes cast
upon that proposition favor it, no further steps shall be taken
in the proceedings. [1967 ex.s. c 119 § 35A.09.030.]
Sufficiency of petition in code city: RCW 35A.01.040.
Sections
35A.09.010
35A.09.020
35A.09.030
35A.09.040
35A.09.050
35A.09.060
35A.09.070
Amendment of charter—Initiated by legislative body.
Petition for submission of charter amendment.
New or revised charter—Petition—Charter commission.
Submission of new or revised charter—Election.
Publication of proposed charter.
Conduct of elections.
Effect of favorable vote.
35A.09.010 Amendment of charter—Initiated by
legislative body. The charter of a charter code city may be
amended by proposals therefor submitted by resolution of the
legislative authority of such city to the electors thereof at
any general election, after publication of such proposed charter amendment in the manner provided in chapter 35A.08
RCW for publication of a proposed charter, and upon notice
of election as provided by law. If such proposed charter
amendment is ratified by a majority of the qualified electors
voting thereon it shall become a part of the charter organic
law governing such charter code city. [1967 ex.s. c 119 §
35A.09.010.]
35A.09.020 Petition for submission of charter
amendment. Upon the filing with the county auditor of a
sufficient petition signed by registered voters of a charter
code city, in number equal to at least ten percent of the
votes cast at the last general municipal election, seeking the
adoption of a specified charter amendment set forth in the
petition, providing for any matter within the realm of local
affairs, or municipal business, or structure of municipal
government, offices, and departments, said amendment shall
be submitted to the voters at the next general municipal
election if one is to be held within one hundred and eighty
days, or at a special election to be held for that purpose not
less than ninety days, nor more than one hundred and eighty
days after the filing of the certificate of sufficiency of the
petition. The proposed charter amendment shall be published as provided in RCW 35A.09.050. Upon approval by
a majority of the registered voters voting thereon, such
amendment shall become a part of the charter organic law
governing such charter code city. [1990 c 259 § 8; 1967
ex.s. c 119 § 35A.09.020.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.09.030 New or revised charter—Petition—
Charter commission. On the petition of a number of
qualified electors of a charter code city equal to ten percent
of the total votes cast at the last preceding municipal general
election, the legislative body of such charter code city shall,
or without such petition, may, by resolution, cause an
election to be held for the election of a charter commission
of fifteen freeholders for the purpose of preparing a new or
revised charter for the city by altering, revising, adding to,
or repealing the existing charter including all amendments
thereto. The members of the charter commission shall be
qualified and nominated as provided by chapter 35A.08
RCW. At such election the proposition of whether or not a
charter commission shall be created at all shall be separately
[Title 35A RCW—page 12]
35A.09.040 Submission of new or revised charter—
Election. Within ten days after the results of the election
authorized by RCW 35A.09.030 have been determined, if a
majority of the votes cast favor the proposition, the members
of the charter commission elected thereat shall convene and
prepare a new or revised charter by altering, revising, adding
to, or repealing the existing charter including all amendments
thereto and within one hundred and eighty days thereafter
file it with the county auditor. The charter commission shall
be organized, vacancies filled, alternative plans of government considered, and a public hearing held all in the manner
provided in sections of chapter 35A.08 RCW relating to
charter commissions, and the commission members shall be
reimbursed for their expenses and may obtain technical and
clerical assistance in the manner provided in chapter 35A.08
RCW. Upon the filing of the proposed new, altered,
changed, or revised charter with the county auditor, it shall
be submitted to the registered voters of the charter code city
at an election conducted as provided in RCW 35A.09.060.
[1990 c 259 § 9; 1967 ex.s. c 119 § 35A.09.040.]
35A.09.050 Publication of proposed charter. The
proposed new, altered, or revised charter shall be published
in the newspaper having the largest general circulation
within the city at least once each week for four weeks next
preceding the day of submitting the same to the electors for
their approval. [1985 c 469 § 41; 1967 ex.s. c 119 §
35A.09.050.]
35A.09.060 Conduct of elections. The election of the
charter commission and the election upon the proposition of
adopting the proposed new, altered, or revised charter, may
be general or special elections held within the corresponding
time period specified in chapter 35A.08 RCW, and except as
herein provided, said elections, the notice specifying the
objects thereof, the returns, the canvassing, and the declaration of the result shall be governed by the laws regulating
and controlling elections in the charter code city. [1967 ex.s.
c 119 § 35A.09.060.]
35A.09.070 Effect of favorable vote. If a majority of
the voters voting upon the adoption of the proposed new,
altered, or revised charter favor it, it shall become the charter
of the charter code city and the organic law thereof, superseding any existing charter; but if any offices are abolished
or dispensed with by the new, altered, or revised charter, and
any new offices created thereby, such charter shall not go
into effect until the election and qualification of such new
officers at the next general municipal election if one is to be
held within one hundred and eighty days, or at a special
election to be held for that purpose not less than ninety days,
nor more than one hundred and eighty days after approval of
such charter by the voters. [1967 ex.s. c 119 § 35A.09.070.]
(2002 Ed.)
Adoption and Abandonment of Charter Code City Classification
Chapter 35A.10
ADOPTION AND ABANDONMENT OF CHARTER
CODE CITY CLASSIFICATION
Sections
35A.10.010
35A.10.020
35A.10.030
35A.10.040
Laws applicable to charter code cities.
Abandonment of charter code city classification.
Resolution or petition for change of classification—Election.
No subsequent vote for six years.
35A.10.010 Laws applicable to charter code cities.
The classifications of municipalities which existed prior to
the time this title goes into effect—first class cities, second
class cities, unclassified cities, and towns—and the restrictions, limitations, duties and obligations specifically imposed
by law upon such classes of cities and towns, shall have no
application to charter code cities, but every charter code city,
by adopting such classification, has elected to be governed
by its charter and by the provisions of this title, with the
powers thereby granted. [1994 c 81 § 70; 1967 ex.s. c 119
§ 35A.10.010.]
35A.10.020 Abandonment of charter code city
classification. Any charter code city, which has been so
classified under the provisions of this title for more than six
years may abandon such classification and elect to be
governed according to its charter under the general law
relating to charter cities of the classification held by such
city immediately prior to becoming a charter code city, if
any, or may elect to be governed by the general law relating
to charter cities of the highest class, or other class, for which
it is qualified by population. [1967 ex.s. c 119 §
35A.10.020.]
35A.10.030 Resolution or petition for change of
classification—Election. Upon the passage of a resolution
of the legislative body of a charter code city, or upon the
filing with the county auditor of a sufficient petition signed
by registered voters of a charter code city in number equal
to not less than ten percent of the votes cast at the last
general municipal election therein, proposing abandonment
of the classification of charter code city and that the city be
governed under its charter and the general law relating to
cities of the classification named in the petition or resolution,
the legislative body thereof shall cause the propositions to be
submitted to the voters at the next general municipal election
if one is to be held within one hundred and eighty days or
at a special election to be held for that purpose not less than
ninety days nor more than one hundred and eighty days after
the passage of the resolution or the filing of the certificate of
sufficiency of the petition. Notice of election shall be given,
the election conducted, and results declared generally as provided in chapter 35A.02 RCW, insofar as such provisions are
applicable. If a majority of the votes cast upon such
proposition are in favor of abandonment of the classification
of charter code city, upon the certification of the record of
election to the office of the secretary of state, such charter
city shall be classified as a city of the class selected and
shall be governed by the laws relating thereto. [1990 c 259
§ 10; 1967 ex.s. c 119 § 35A.10.030.]
Sufficiency of petition in code city: RCW 35A.01.040.
(2002 Ed.)
Chapter 35A.10
35A.10.040 No subsequent vote for six years. When
a proposition for abandonment of the classification of charter
code city has been submitted to the voters of the charter
code city in an election and has been rejected by a majority
of such voters, such proposition shall not again be submitted
to the voters for six years thereafter. [1967 ex.s. c 119 §
35A.10.040.]
Chapter 35A.11
LAWS GOVERNING NONCHARTER CODE CITIES
AND CHARTER CODE CITIES—POWERS
Sections
35A.11.010 Rights, powers and privileges.
35A.11.020 Powers vested in legislative bodies of noncharter and charter
code cities.
35A.11.030 Applicability of general law.
35A.11.035 Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
35A.11.037 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
35A.11.040 Intergovernmental cooperation and action.
35A.11.050 Statement of purpose and policy.
35A.11.060 Participation in Economic Opportunity Act programs.
35A.11.070 Tourist promotion.
35A.11.080 Initiative and referendum—Election to exercise—Restriction
or abandonment.
35A.11.090 Initiative and referendum—Effective date of ordinances—
Exceptions.
35A.11.100 Initiative and referendum—Exercise of powers.
35A.11.110 Members of legislative bodies authorized to serve as volunteer fire fighters or reserve law enforcement officers.
35A.11.200 Criminal code repeal by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35A.11.210 Juvenile curfews.
35A.11.010 Rights, powers and privileges. Each city
governed under this optional municipal code, whether charter
or noncharter, shall be entitled "City of . . . . . ." (naming it),
and by such name shall have perpetual succession; may sue
and be sued in all courts and proceedings; use a corporate
seal approved by its legislative body; and, by and through its
legislative body, such municipality may contract and be
contracted with; may purchase, lease, receive, or otherwise
acquire real and personal property of every kind, and use,
enjoy, hold, lease, control, convey or otherwise dispose of it
for the common benefit. [1967 ex.s. c 119 § 35A.11.010.]
35A.11.020 Powers vested in legislative bodies of
noncharter and charter code cities. The legislative body
of each code city shall have power to organize and regulate
its internal affairs within the provisions of this title and its
charter, if any; and to define the functions, powers, and
duties of its officers and employees; within the limitations
imposed by vested rights, to fix the compensation and
working conditions of such officers and employees and
establish and maintain civil service, or merit systems,
retirement and pension systems not in conflict with the
provisions of this title or of existing charter provisions until
changed by the people: PROVIDED, That nothing in this
section or in this title shall permit any city, whether a code
city or otherwise, to enact any provisions establishing or
[Title 35A RCW—page 13]
35A.11.020
Title 35A RCW: Optional Municipal Code
respecting a merit system or system of civil service for
firemen and policemen which does not substantially accomplish the same purpose as provided by general law in chapter
41.08 RCW for firemen and chapter 41.12 RCW for policemen now or as hereafter amended, or enact any provision
establishing or respecting a pension or retirement system for
firemen or policemen which provides different pensions or
retirement benefits than are provided by general law for such
classes.
Such body may adopt and enforce ordinances of all
kinds relating to and regulating its local or municipal affairs
and appropriate to the good government of the city, and may
impose penalties of fine not exceeding five thousand dollars
or imprisonment for any term not exceeding one year, or
both, for the violation of such ordinances, constituting a
misdemeanor or gross misdemeanor as provided therein.
However, the punishment for any criminal ordinance shall be
the same as the punishment provided in state law for the
same crime. Such a body alternatively may provide that
violation of such ordinances constitutes a civil violation
subject to monetary penalty, but no act which is a state
crime may be made a civil violation.
The legislative body of each code city shall have all
powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities
by law. By way of illustration and not in limitation, such
powers may be exercised in regard to the acquisition, sale,
ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all
kinds, waterways, structures, or any other improvement or
use of real or personal property, in regard to all aspects of
collective bargaining as provided for and subject to the
provisions of chapter 41.56 RCW, as now or hereafter
amended, and in the rendering of local social, cultural,
recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or
towns.
In addition and not in limitation, the legislative body of
each code city shall have any authority ever given to any
class of municipality or to all municipalities of this state
before or after the enactment of this title, such authority to
be exercised in the manner provided, if any, by the granting
statute, when not in conflict with this title. Within constitutional limitations, legislative bodies of code cities shall have
within their territorial limits all powers of taxation for local
purposes except those which are expressly preempted by the
state as provided in RCW 66.08.120, 82.36.440, 48.14.020,
and 48.14.080. [1993 c 83 § 8; 1986 c 278 § 7; 1984 c 258
§ 807; 1969 ex.s. c 29 § 1; 1967 ex.s. c 119 § 35A.11.020.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Severability—1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1969 ex.s. c 29: "The effective date of this act is
July 1, 1969." [1969 ex.s. c 29 § 2.]
35A.11.030 Applicability of general law. Powers of
eminent domain, borrowing, taxation, and the granting of
franchises may be exercised by the legislative bodies of code
cities in the manner provided in this title or by the general
[Title 35A RCW—page 14]
law of the state where not inconsistent with this title; and the
duties to be performed and the procedure to be followed by
such cities in regard to the keeping of accounts and records,
official bonds, health and safety and other matters not
specifically provided for in this title, shall be governed by
the general law. For the purposes of this title, "the general
law" means any provision of state law, not inconsistent with
this title, enacted before or after the passage of this title
which is by its terms applicable or available to all cities or
towns. [1967 ex.s. c 119 § 35A.11.030.]
35A.11.035 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
35A.11.037 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.11.040 Intergovernmental cooperation and
action. The legislative body of a code city may exercise
any of its powers or perform any of its functions including
purchasing, and participate in the financing thereof, jointly
or in cooperation, as provided for in chapter 39.34 RCW.
The legislative body of a code city shall have power to
accept any gift or grant for any public purpose and may
carry out any conditions of such gift or grant when not in
conflict with state or federal law. [1979 ex.s. c 18 § 17;
1967 ex.s. c 119 § 35A.11.040.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.11.050 Statement of purpose and policy. The
general grant of municipal power conferred by this chapter
and this title on legislative bodies of noncharter code cities
and charter code cities is intended to confer the greatest
power of local self-government consistent with the Constitution of this state and shall be construed liberally in favor of
such cities. Specific mention of a particular municipal
power or authority contained in this title or in the general
law shall be construed as in addition and supplementary to,
or explanatory of the powers conferred in general terms by
this chapter. [1967 ex.s. c 119 § 35A.11.050.]
35A.11.060 Participation in Economic Opportunity
Act programs. The legislative body of any city or town is
hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative
body, to take whatever action it deems necessary to enable
the city or town to participate in the programs set forth in
the Economic Opportunity Act of 1964 (Public Law 88-452;
78 Stat. 508), as amended. Such participation may be
engaged in as a sole city or town operation or in conjunction
or cooperation with the state, any other city or town, county,
or municipal corporation, or any private corporation qualified
under said Economic Opportunity Act. [1971 ex.s. c 177 §
4.]
35A.11.070 Tourist promotion. See RCW 35.21.700.
(2002 Ed.)
Laws Governing Noncharter Code Cities and Charter Code Cities—Powers
35A.11.080 Initiative and referendum—Election to
exercise—Restriction or abandonment. The qualified
electors or legislative body of a noncharter code city may
provide for the exercise in their city of the powers of
initiative and referendum, upon electing so to do in the
manner provided for changing the classification of a city or
town in RCW 35A.02.020, 35A.02.025, 35A.02.030, and
35A.02.035, as now or hereafter amended.
The exercise of such powers may be restricted or
abandoned upon electing so to do in the manner provided for
abandoning the plan of government of a noncharter code city
in RCW 35A.06.030, 35A.06.040, 35A.06.050, and
35A.06.060, as now or hereafter amended. [1979 ex.s. c 18
§ 18; 1973 1st ex.s. c 81 § 1.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Imposition or increase of business and occupation tax—Referendum
procedure required—Exclusive procedure: RCW 35.21.706.
Initiative and referendum petitions: RCW 35A.29.170.
35A.11.090 Initiative and referendum—Effective
date of ordinances—Exceptions. Ordinances of noncharter
code cities the qualified electors of which have elected to
exercise the powers of initiative and referendum shall not go
into effect before thirty days from the time of final passage
and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of
public peace, health, and safety or for the support of city
government and its existing public institutions which contain
a statement of urgency and are passed by unanimous vote of
the council;
(3) Ordinances providing for local improvement districts;
(4) Ordinances appropriating money;
(5) Ordinances providing for or approving collective
bargaining;
(6) Ordinances providing for the compensation of or
working conditions of city employees; and
(7) Ordinances authorizing or repealing the levy of
taxes; which excepted ordinances shall go into effect as
provided by the general law or by applicable sections of
Title 35A RCW as now or hereafter amended. [1973 1st
ex.s. c 81 § 2.]
35A.11.100 Initiative and referendum—Exercise of
powers. Except as provided in RCW 35A.11.090, and
except that the number of registered voters needed to sign a
petition for initiative or referendum shall be fifteen percent
of the total number of names of persons listed as registered
voters within the city on the day of the last preceding city
general election, the powers of initiative and referendum in
noncharter code cities shall be exercised in the manner set
forth for the commission form of government in RCW
35.17.240 through 35.17.360, as now or hereafter amended.
[1973 1st ex.s. c 81 § 3.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.11.110 Members of legislative bodies authorized to serve as volunteer fire fighters or reserve law
enforcement officers. Notwithstanding any other provision
of law, the legislative body of any code city, by resolution
(2002 Ed.)
35A.11.080
adopted by a two-thirds vote of the full legislative body, may
authorize any of its members to serve as volunteer fire
fighters or reserve law enforcement officers, or both, and to
receive the same compensation, insurance and other benefits
as are applicable to other volunteer fire fighters or reserve
law enforcement officers employed by the code city. [1993
c 303 § 2; 1974 ex.s. c 60 § 2.]
35A.11.200 Criminal code repeal by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A code city
operating a municipal court may not repeal in its entirety
that portion of its municipal code defining crimes unless the
municipality has reached an agreement with the appropriate
county under chapter 39.34 RCW under which the county is
to be paid a reasonable amount for costs associated with
prosecution, adjudication, and sentencing in criminal cases
filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and
renewal of the terms of the agreement. If the municipality
and the county are unable to agree on the terms for renewal
of the agreement, they shall be deemed to have entered into
an agreement to submit the issue to arbitration under chapter
7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The
municipality and the county have the same rights and are
subject to the same duties as other parties who have agreed
to submit to arbitration under chapter 7.04 RCW. [1984 c
258 § 209.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
35A.11.210 Juvenile curfews. (1) Any code city has
the authority to enact an ordinance, for the purpose of
preserving the public safety or reducing acts of violence by
or against juveniles that are occurring at such rates as to be
beyond the capacity of the police to assure public safety,
establishing times and conditions under which juveniles may
be present on the public streets, in the public parks, or in
any other public place during specified hours.
(2) The ordinance shall not contain any criminal
sanctions for a violation of the ordinance. [1994 sp.s. c 7 §
503.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 35A.12
MAYOR-COUNCIL PLAN OF GOVERNMENT
Sections
35A.12.010
35A.12.020
35A.12.030
35A.12.040
35A.12.050
35A.12.060
35A.12.065
35A.12.070
35A.12.080
35A.12.090
35A.12.100
Elective city officers—Size of council.
Appointive officers—Duties—Compensation.
Eligibility to hold elective office.
Elections—Terms of elective officers—Numbering of council positions.
Vacancies.
Vacancy for nonattendance.
Pro tempore appointments.
Compensation of elective officers—Expenses.
Oath and bond of officers.
Appointment and removal of officers—Terms.
Duties and authority of the mayor—Veto—Tie-breaking
vote.
[Title 35A RCW—page 15]
Chapter 35A.12
Title 35A RCW: Optional Municipal Code
35A.12.110
35A.12.120
35A.12.130
35A.12.140
35A.12.150
35A.12.160
Council meetings.
Council—Quorum—Rules—Voting.
Ordinances—Style—Requisites—Veto.
Adoption of codes by reference.
Ordinances—Authentication and recording.
Publication of ordinances or summary—Public notice of
hearings and meeting agendas.
35A.12.170 Audit and allowance of demands against city.
35A.12.180 Optional division of city into wards.
35A.12.190 Powers of council.
35A.12.010 Elective city officers—Size of council.
The government of any noncharter code city or charter code
city electing to adopt the mayor-council plan of government
authorized by this chapter shall be vested in an elected
mayor and an elected council. The council of a noncharter
code city having less than twenty-five hundred inhabitants
shall consist of five members; when there are twenty-five
hundred or more inhabitants, the council shall consist of
seven members. A city with a population of less than
twenty-five hundred at the time of reclassification as an
optional municipal code city may choose to maintain a
seven-member council. The decision concerning the number
of councilmembers shall be made by the council and be
incorporated as a section of the ordinance adopting for the
city the classification of noncharter code city. If the population of a city after having become a code city decreases
from twenty-five hundred or more to less than twenty-five
hundred, it shall continue to have a seven member council.
If, after a city has become a mayor-council code city, its
population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may
increase from five to seven members upon the affirmative
vote of a majority of the existing council to increase the
number of councilmanic offices in the city. When the
population of a mayor-council code city having five councilmanic offices increases to five thousand or more inhabitants,
the number of councilmanic offices in the city shall increase
from five to seven members. In the event of an increase in
the number of councilmanic offices, the city council shall, by
majority vote, pursuant to RCW 35A.12.050, appoint two
persons to serve in these offices until the next municipal
general election, at which election one person shall be
elected for a two-year term and one person shall be elected
for a four-year term. The number of inhabitants shall be
determined by the most recent official state or federal census
or determination by the state office of financial management.
A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this
chapter, may provide for an uneven number of
councilmembers not exceeding eleven.
A noncharter code city of less than five thousand
inhabitants which has elected the mayor-council plan of
government and which has seven councilmanic offices may
establish a five-member council in accordance with the
following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance
providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two
councilmanic offices, the terms of which expire at the next
general election, are to be terminated. The ordinance shall
provide for the renumbering of council positions and shall
also provide for a two-year extension of the term of office
[Title 35A RCW—page 16]
of a retained councilmanic office, if necessary, in order to
comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old
mayor-council plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan
of government. [1997 c 361 § 6; 1994 c 223 § 30; 1994 c
81 § 71; 1985 c 106 § 1; 1983 c 128 § 1; 1979 ex.s. c 18 §
19; 1979 c 151 § 33; 1967 ex.s. c 119 § 35A.12.010.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.12.020 Appointive officers—Duties—
Compensation. The appointive officers shall be those
provided for by charter or ordinance and shall include a city
clerk and a chief law enforcement officer. The office of city
clerk may be merged with that of a city treasurer, if any,
with an appropriate title designated therefor. Provision shall
be made for obtaining legal counsel for the city, either by
appointment of a city attorney on a full-time or part-time
basis, or by any reasonable contractual arrangement for such
professional services. The authority, duties and qualifications of all appointive officers shall be prescribed by charter
or ordinance, consistent with the provisions of this title, and
any amendments thereto, and the compensation of appointive
officers shall be prescribed by ordinance: PROVIDED, That
the compensation of an appointed municipal judge shall be
within applicable statutory limits. [1987 c 3 § 14; 1967 ex.s.
c 119 § 35A.12.020.]
Severability—1987 c 3: See note following RCW 3.46.020.
35A.12.030 Eligibility to hold elective office. No
person shall be eligible to hold elective office under the
mayor-council plan unless the person is a registered voter of
the city at the time of filing his declaration of candidacy and
has been a resident of the city for a period of at least one
year next preceding his election. Residence and voting
within the limits of any territory which has been included in,
annexed to, or consolidated with such city is construed to
have been residence within the city. A mayor or councilman
shall hold within the city government no other public office
or employment except as permitted under the provisions of
chapter 42.23 RCW. [1979 ex.s. c 18 § 20; 1967 ex.s. c 119
§ 35A.12.030.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.040 Elections—Terms of elective officers—
Numbering of council positions. Officers shall be elected
at biennial municipal elections to be conducted as provided
in chapter 35A.29 RCW. The mayor and the
councilmembers shall be elected for four-year terms of office
and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. At any
first election upon reorganization, councilmembers shall be
elected as provided in RCW 35A.02.050. Thereafter the
requisite number of councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve
for terms of four years. The positions to be filled on the
city council shall be designated by consecutive numbers and
shall be dealt with as separate offices for all election
purposes. Election to positions on the council shall be by
(2002 Ed.)
Mayor-Council Plan of Government
majority vote from the city at large, unless provision is made
by charter or ordinance for election by wards. The mayor
and councilmembers shall qualify by taking an oath or
affirmation of office and as may be provided by law, charter,
or ordinance. [1994 c 223 § 31; 1979 ex.s. c 18 § 21; 1970
ex.s. c 52 § 3; 1967 ex.s. c 119 § 35A.12.040.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.050 Vacancies. The office of a mayor or
councilmember shall become vacant if the person who is
elected or appointed to that position fails to qualify as provided by law, fails to enter upon the duties of that office at
the time fixed by law without a justifiable reason, or as
provided in RCW 35A.12.060 or 42.12.010. A vacancy in
the office of mayor or in the council shall be filled as
provided in chapter 42.12 RCW. [1994 c 223 § 32; 1967
ex.s. c 119 § 35A.12.050.]
35A.12.060 Vacancy for nonattendance. In addition
a council position shall become vacant if the councilmember
fails to attend three consecutive regular meetings of the
council without being excused by the council. [1994 c 223
§ 33; 1967 ex.s. c 119 § 35A.12.060.]
35A.12.065 Pro tempore appointments. Biennially
at the first meeting of a new council, or periodically, the
members thereof, by majority vote, may designate one of
their number as mayor pro tempore or deputy mayor for
such period as the council may specify, to serve in the
absence or temporary disability of the mayor; or, in lieu
thereof, the council may, as the need may arise, appoint any
qualified person to serve as mayor pro tempore in the
absence or temporary disability of the mayor. In the event
of the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint
a councilman pro tempore to serve during the absence or
disability. [1967 ex.s. c 119 § 35A.12.065.]
35A.12.070 Compensation of elective officers—
Expenses. The salaries of the mayor and the councilmen
shall be fixed by ordinance and may be revised from time to
time by ordinance, but any increase in the compensation
attaching to an office shall not be applicable to the term then
being served by the incumbent if such incumbent is a
member of the city legislative body fixing his own compensation or as mayor in a mayor-council code city casts a tiebreaking vote relating to such ordinance: PROVIDED, That
if the mayor of such a city does not cast such a vote, his
salary may be increased during his term of office.
Until the first elective officers under this mayor-council
plan of government may lawfully be paid the compensation
provided by such salary ordinance, such officers shall be
entitled to be compensated in the same manner and in the
same amount as the compensation paid to officers of such
city performing comparable services immediately prior to
adoption of this mayor-council plan.
Until a salary ordinance can be passed and become
effective as to elective officers of a newly incorporated code
city, such first officers shall be entitled to compensation as
follows: In cities having less than five thousand inhabitants,
the mayor shall be entitled to a salary of one hundred and
(2002 Ed.)
35A.12.040
fifty dollars per calendar month and a councilman shall be
entitled to twenty dollars per meeting for not more than two
meetings per month; in cities having more than five thousand
but less than fifteen thousand inhabitants, the mayor shall be
entitled to a salary of three hundred and fifty dollars per
calendar month and a councilman shall be entitled to one
hundred and fifty dollars per calendar month; in cities having
more than fifteen thousand inhabitants, the mayor shall be
entitled to a salary of twelve hundred and fifty dollars per
calendar month and a councilman shall be entitled to four
hundred dollars per calendar month: PROVIDED, That such
interim compensation shall remain in effect only until a
salary ordinance is passed and becomes effective as to such
officers, and the amounts herein provided shall not be construed as fixing the usual salary of such officers. The mayor
and councilmen shall receive reimbursement for their actual
and necessary expenses incurred in the performance of the
duties of their office, or the council by ordinance may
provide for a per diem allowance. Procedure for approval of
claims for expenses shall be as provided by ordinance.
[1971 ex.s. c 251 § 5; 1967 ex.s. c 119 § 35A.12.070.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
Limitations on salaries: State Constitution Art. 11 § 8.
35A.12.080 Oath and bond of officers. Any officer
before entering upon the performance of his duties may be
required to take an oath or affirmation as prescribed by
charter or by ordinance for the faithful performance of his
duties. The oath or affirmation shall be filed with the
county auditor. The clerk, treasurer, if any, chief of police,
and such other officers or employees as may be designated
by ordinance or by charter shall be required to furnish
annually an official bond conditioned on the honest and
faithful performance of their official duties. The terms and
penalty of official bonds and the surety therefor shall be prescribed by ordinance or charter and the bond shall be
approved by the chief administrative officer of the city. The
premiums on such bonds shall be paid by the city. When
the furnishing of an official bond is required of an officer or
employee, compliance with such provisions shall be an
essential part of qualification for office. [1986 c 167 § 20;
1967 ex.s. c 119 § 35A.12.080.]
Severability—1986 c 167: See note following RCW 29.01.055.
35A.12.090 Appointment and removal of officers—
Terms. The mayor shall have the power of appointment and
removal of all appointive officers and employees subject to
any applicable law, rule, or regulation relating to civil
service. The head of a department or office of the city
government may be authorized by the mayor to appoint and
remove subordinates in such department or office, subject to
any applicable civil service provisions. All appointments of
city officers and employees shall be made on the basis of
ability and training or experience of the appointees in the
duties they are to perform, from among persons having such
qualifications as may be prescribed by ordinance or by
charter, and in compliance with provisions of any merit
system applicable to such city. Confirmation by the city
council of appointments of officers and employees shall be
required only when the city charter, or the council by
ordinance, provides for confirmation of such appointments.
[Title 35A RCW—page 17]
35A.12.090
Title 35A RCW: Optional Municipal Code
Confirmation of mayoral appointments by the council may
be required by the council in any instance where qualifications for the office or position have not been established by
ordinance or charter provision. Appointive offices shall be
without definite term unless a term is established for such
office by law, charter or ordinance. [1987 c 3 § 15; 1967
ex.s. c 119 § 35A.12.090.]
Severability—1987 c 3: See note following RCW 3.46.020.
35A.12.100 Duties and authority of the mayor—
Veto—Tie-breaking vote. The mayor shall be the chief
executive and administrative officer of the city, in charge of
all departments and employees, with authority to designate
assistants and department heads. The mayor may appoint
and remove a chief administrative officer or assistant
administrative officer, if so provided by ordinance or charter.
He shall see that all laws and ordinances are faithfully
enforced and that law and order is maintained in the city,
and shall have general supervision of the administration of
city government and all city interests. All official bonds and
bonds of contractors with the city shall be submitted to the
mayor or such person as he may designate for approval or
disapproval. He shall see that all contracts and agreements
made with the city or for its use and benefit are faithfully
kept and performed, and to this end he may cause any legal
proceedings to be instituted and prosecuted in the name of
the city, subject to approval by majority vote of all members
of the council. The mayor shall preside over all meetings of
the city council, when present, but shall have a vote only in
the case of a tie in the votes of the councilmen with respect
to matters other than the passage of any ordinance, grant, or
revocation of franchise or license, or any resolution for the
payment of money. He shall report to the council concerning the affairs of the city and its financial and other needs,
and shall make recommendations for council consideration
and action. He shall prepare and submit to the council a
proposed budget, as required by chapter 35A.33 RCW. The
mayor shall have the power to veto ordinances passed by the
council and submitted to him as provided in RCW
35A.12.130 but such veto may be overridden by the vote of
a majority of all council members plus one more vote. The
mayor shall be the official and ceremonial head of the city
and shall represent the city on ceremonial occasions, except
that when illness or other duties prevent the mayor’s
attendance at an official function and no mayor pro tempore
has been appointed by the council, a member of the council
or some other suitable person may be designated by the
mayor to represent the city on such occasion. [1979 ex.s. c
18 § 22; 1967 ex.s. c 119 § 35A.12.100.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.110 Council meetings. The city council and
mayor shall meet regularly, at least once a month, at a place
and at such times as may be designated by the city council.
All final actions on resolutions and ordinances must take
place within the corporate limits of the city. Special meetings may be called by the mayor or any three members of
the council by written notice delivered to each member of
the council at least twenty-four hours before the time
specified for the proposed meeting. All actions that have
heretofore been taken at special council meetings held
[Title 35A RCW—page 18]
pursuant to this section, but for which the number of hours
of notice given has been at variance with requirements of
RCW 42.30.080, are hereby validated. All council meetings
shall be open to the public except as permitted by chapter
42.30 RCW. No ordinance or resolution shall be passed, or
contract let or entered into, or bill for the payment of money
allowed at any meeting not open to the public, nor at any
public meeting the date of which is not fixed by ordinance,
resolution, or rule, unless public notice of such meeting has
been given by such notice to each local newspaper of
general circulation and to each local radio or television
station, as provided in RCW 42.30.080 as now or hereafter
amended. Meetings of the council shall be presided over by
the mayor, if present, or otherwise by the mayor pro tempore, or deputy mayor if one has been appointed, or by a
member of the council selected by a majority of the council
members at such meeting. Appointment of a council
member to preside over the meeting shall not in any way
abridge his right to vote on matters coming before the
council at such meeting. In the absence of the clerk, a
deputy clerk or other qualified person appointed by the clerk,
the mayor, or the council, may perform the duties of clerk
at such meeting. A journal of all proceedings shall be kept,
which shall be a public record. [1993 c 199 § 3; 1979 ex.s.
c 18 § 23; 1967 ex.s. c 119 § 35A.12.110.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.12.120 Council—Quorum—Rules—Voting. At
all meetings of the council a majority of the councilmen
shall constitute a quorum for the transaction of business, but
a less number may adjourn from time to time and may
compel the attendance of absent members in such manner
and under such penalties as may be prescribed by ordinance.
The council shall determine its own rules and order of business, and may establish rules for the conduct of council
meetings and the maintenance of order. At the desire of any
member, any question shall be voted upon by roll call and
the ayes and nays shall be recorded in the journal.
The passage of any ordinance, grant or revocation of
franchise or license, and any resolution for the payment of
money shall require the affirmative vote of at least a
majority of the whole membership of the council. [1967
ex.s. c 119 § 35A.12.120.]
35A.12.130 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances shall be as follows:
"The city council of the city of . . . . . . do ordain as
follows:" No ordinance shall contain more than one subject
and that must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall
be revised or amended unless the new ordinance sets forth
the revised ordinance or the amended section or subsection
at full length.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided by statute
or charter, except that an ordinance passed by a majority
plus one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the
protection of public health, public safety, public property or
the public peace, may be made effective upon adoption, but
(2002 Ed.)
Mayor-Council Plan of Government
such ordinance may not levy taxes, grant, renew, or extend
a franchise, or authorize the borrowing of money.
Every ordinance which passes the council in order to
become valid must be presented to the mayor; if he approves
it, he shall sign it, but if not, he shall return it with his
written objections to the council and the council shall cause
his objections to be entered at large upon the journal and
proceed to a reconsideration thereof. If upon reconsideration
a majority plus one of the whole membership, voting upon
a call of ayes and nays, favor its passage, the ordinance shall
become valid notwithstanding the mayor’s veto. If the
mayor fails for ten days to either approve or veto an ordinance, it shall become valid without his approval. Ordinances shall be signed by the mayor and attested by the clerk.
[1967 ex.s. c 119 § 35A.12.130.]
35A.12.140 Adoption of codes by reference.
Ordinances may by reference adopt Washington state statutes
and state, county, or city codes, regulations, or ordinances or
any standard code of technical regulations, or portions
thereof, including, for illustrative purposes but not limited to,
fire codes and codes or ordinances relating to the construction of buildings, the installation of plumbing, the installation
of electric wiring, health and sanitation, the slaughtering,
processing, and selling of meats and meat products for
human consumption, the production, pasteurizing, and sale
of milk and milk products, or other subjects, together with
amendments thereof or additions thereto, on the subject of
the ordinance. Such Washington state statutes or codes or
other codes or compilations so adopted need not be published in a newspaper as provided in RCW 35A.12.160, but
the adopting ordinance shall be so published and a copy of
any such adopted statute, ordinance, or code, or portion
thereof, with amendments or additions, if any, in the form in
which it was adopted, shall be filed in the office of the city
clerk for use and examination by the public. While any such
statute, code, or compilation is under consideration by the
council prior to adoption, not less than one copy thereof
shall be filed in the office of the city clerk for examination
by the public. [1995 c 71 § 1; 1982 c 226 § 2; 1967 ex.s.
c 119 § 35A.12.140.]
Effective date—1982 c 226: See note following RCW 35.21.180.
35A.12.150 Ordinances—Authentication and
recording. The city clerk shall authenticate by his signature
and record in full in a properly indexed book kept for the
purpose all ordinances and resolutions adopted by the
council. Such book, or copies of ordinances and resolutions,
shall be available for inspection by the public at reasonable
times and under reasonable conditions. [1967 ex.s. c 119 §
35A.12.150.]
35A.12.160 Publication of ordinances or summary—Public notice of hearings and meeting agendas.
Promptly after adoption, the text of each ordinance or a
summary of the content of each ordinance shall be published
at least once in the city’s official newspaper.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
(2002 Ed.)
35A.12.130
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the
publication shall include a statement that the full text of the
ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance,
every city shall establish a procedure for notifying the public
of upcoming hearings and the preliminary agenda for the
forthcoming council meeting. Such procedure may include,
but not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 15; 1988 c 168 § 7; 1987 c 400
§ 3; 1985 c 469 § 42; 1967 ex.s. c 119 § 35A.12.160.]
35A.12.170 Audit and allowance of demands against
city. All demands against a code city shall be presented and
audited in accordance with such regulations as may be
prescribed by charter or ordinance; and upon the allowance
of a demand, the clerk shall draw a warrant upon the
treasurer for it, which warrant shall be countersigned by the
mayor, or such person as he may designate, and shall specify
the fund from which it is to be paid; or, payment may be
made by a bank check when authorized by the legislative
body of the code city under authority granted by RCW
35A.40.020, which check shall bear the signatures of the
officers designated by the legislative body as required
signatories of checks of such city, and shall specify the fund
from which it is to be paid. [1967 ex.s. c 119 §
35A.12.170.]
35A.12.180 Optional division of city into wards. At
any time not within three months previous to a municipal
general election the council of a noncharter code city
organized under this chapter may divide the city into wards
or change the boundaries of existing wards. No change in
the boundaries of wards shall affect the term of any
councilmember, and councilmembers shall serve out their
terms in the wards of their residences at the time of their
elections: PROVIDED, That if this results in one ward
being represented by more councilmembers than the number
to which it is entitled those having the shortest unexpired
terms shall be assigned by the council to wards where there
is a vacancy, and the councilmembers so assigned shall be
deemed to be residents of the wards to which they are
assigned for purposes of those positions being vacant. The
representation of each ward in the city council shall be in
proportion to the population as nearly as is practicable.
Wards shall be redrawn as provided in chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident
of the ward may be a candidate for, or hold office as, a
councilmember of the ward; and (2) only voters of the ward
may vote at a primary to nominate candidates for a
councilmember of the ward. Voters of the entire city may
vote at the general election to elect a councilmember of a
ward, unless the city had prior to January 1, 1994, limited
the voting in the general election for any or all council
[Title 35A RCW—page 19]
35A.12.180
Title 35A RCW: Optional Municipal Code
positions to only voters residing within the ward associated
with the council positions. If a city had so limited the
voting in the general election to only voters residing within
the ward, then the city shall be authorized to continue to do
so. [1994 c 223 § 34; 1967 ex.s. c 119 § 35A.12.180.]
35A.12.190 Powers of council. The council of any
code city organized under the mayor-council plan of government provided in this chapter shall have the powers and
authority granted to the legislative bodies of cities governed
by this title, as more particularly described in chapter 35A.11
RCW. [1967 ex.s. c 119 § 35A.12.190.]
Chapter 35A.13
COUNCIL-MANAGER PLAN OF GOVERNMENT
Sections
35A.13.010 City officers—Size of council.
35A.13.020 Election of councilmen—Eligibility—Terms—Vacancies—
Forfeiture of office—Council chairman.
35A.13.030 Mayor—Election—Chairman to be mayor—Duties.
35A.13.033 Election on proposition to designate person elected to position one as chairman—Subsequent holders of position
one to be chairman.
35A.13.035 Mayor pro tempore or deputy mayor.
35A.13.040 Compensation of councilmen—Expenses.
35A.13.050 City manager—Qualifications.
35A.13.060 City manager may serve two or more cities.
35A.13.070 City manager—Bond and oath.
35A.13.080 City manager—Powers and duties.
35A.13.090 Creation of departments, offices, and employment—
Compensation.
35A.13.100 City manager—Department heads—Authority.
35A.13.110 City manager—Appointment of subordinates—
Qualifications—Terms.
35A.13.120 City manager—Interference by council members.
35A.13.130 City manager—Removal—Resolution and notice.
35A.13.140 City manager—Removal—Reply and hearing.
35A.13.150 City manager—Substitute.
35A.13.160 Oath and bond of officers.
35A.13.170 Council meetings—Quorum—Rules—Voting.
35A.13.180 Adoption of codes by reference.
35A.13.190 Ordinances—Style—Requisites—Veto.
35A.13.200 Authentication, recording and publication of ordinances.
35A.13.210 Audit and allowance of demands against city.
35A.13.220 Optional division of city into wards.
35A.13.230 Powers of council.
35A.13.010 City officers—Size of council. The
councilmembers shall be the only elective officers of a code
city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes
provide for an elective municipal judge. The council shall
appoint an officer whose title shall be "city manager" who
shall be the chief executive officer and head of the administrative branch of the city government. The city manager
shall be responsible to the council for the proper administration of all affairs of the code city. The council of a
noncharter code city having less than twenty-five hundred
inhabitants shall consist of five members; when there are
twenty-five hundred or more inhabitants the council shall
consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from
twenty-five hundred or more to less than twenty-five
hundred, it shall continue to have a seven member council.
If, after a city has become a council-manager code city its
[Title 35A RCW—page 20]
population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may
increase from five to seven members upon the affirmative
vote of a majority of the existing council to increase the
number of councilmanic offices in the city. When the
population of a council-manager code city having five
councilmanic offices increases to five thousand or more
inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of
an increase in the number of councilmanic offices, the city
council shall, by majority vote, pursuant to RCW
35A.13.020, appoint two persons to serve in these offices
until the next municipal general election, at which election
one person shall be elected for a two-year term and one
person shall be elected for a four-year term. The number of
inhabitants shall be determined by the most recent official
state or federal census or determination by the state office of
financial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of
government set forth in this chapter may provide for an
uneven number of councilmembers not exceeding eleven.
A noncharter code city of less than five thousand
inhabitants which has elected the council-manager plan of
government and which has seven councilmanic offices may
establish a five-member council in accordance with the
following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance
providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two
councilmanic offices, the terms of which expire at the next
general election, are to be terminated. The ordinance shall
provide for the renumbering of council positions and shall
also provide for a two-year extension of the term of office
of a retained councilmanic office, if necessary, in order to
comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old
council-manager plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan
of government. [1994 c 223 § 35; 1994 c 81 § 72; 1987 c
3 § 16; 1985 c 106 § 2; 1983 c 128 § 2; 1979 ex.s. c 18 §
24; 1979 c 151 § 34; 1967 ex.s. c 119 § 35A.13.010.]
Severability—1987 c 3: See note following RCW 3.46.020.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.13.020 Election of councilmen—Eligibility—
Terms—Vacancies—Forfeiture of office—Council chairman. In council-manager code cities, eligibility for election
to the council, the manner of electing councilmen, the
numbering of council positions, the terms of councilmen, the
occurrence and the filling of vacancies, the grounds for
forfeiture of office, and appointment of a mayor pro tempore
or deputy mayor or councilman pro tempore shall be
governed by the corresponding provisions of RCW
35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and
35A.12.065 relating to the council of a code city organized
under the mayor-council plan, except that in council-manager
cities where all council positions are at-large positions, the
city council may, pursuant to RCW 35A.13.033, provide that
the person elected to council position one shall be the
(2002 Ed.)
Council-Manager Plan of Government
council chairman and shall carry out the duties prescribed by
RCW 35A.13.030. [1994 c 223 § 36; 1975 1st ex.s. c 155
§ 1; 1967 ex.s. c 119 § 35A.13.020.]
35A.13.030 Mayor—Election—Chairman to be
mayor—Duties. Biennially at the first meeting of the new
council the members thereof shall choose a chairman from
among their number unless the chairman is elected pursuant
to RCW 35A.13.033. The chairman of the council shall
have the title of mayor and shall preside at meetings of the
council. In addition to the powers conferred upon him as
mayor, he shall continue to have all the rights, privileges,
and immunities of a member of the council. The mayor
shall be recognized as the head of the city for ceremonial
purposes and by the governor for purposes of military law.
He shall have no regular administrative duties, but in time of
public danger or emergency, if so authorized by ordinance,
shall take command of the police, maintain law, and enforce
order. [1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 §
35A.13.030.]
35A.13.033 Election on proposition to designate
person elected to position one as chairman—Subsequent
holders of position one to be chairman. The city council
of a council-manager city may by resolution place before the
voters of the city, a proposition to designate the person
elected to council position one as the chairman of the
council with the powers and duties set forth in RCW
35A.13.030. If a majority of those voting on the proposition
cast a positive vote, then at all subsequent general elections
at which position one is on the ballot, the person who is
elected to position one shall become the chairman upon
taking office. [1975 1st ex.s. c 155 § 3.]
35A.13.035 Mayor pro tempore or deputy mayor.
Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate
one of their number as mayor pro tempore or deputy mayor
for such period as the council may specify, to serve in the
absence or temporary disability of the mayor; or, in lieu
thereof, the council may, as the need may arise, appoint any
qualified person to serve as mayor pro tempore in the
absence or temporary disability of the mayor. In the event
of the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint
a councilman pro tempore to serve during the absence or
disability. [1969 ex.s. c 81 § 1.]
Effective date—1969 ex.s. c 81: "This 1969 amendatory act shall
take effect July 1, 1969." [1969 ex.s. c 81 § 7.]
35A.13.040 Compensation of councilmen—
Expenses. The salaries of the councilmen, including the
mayor, shall be fixed by ordinance and may be revised from
time to time by ordinance, but any increase or reduction in
the compensation attaching to an office shall not become
effective until the expiration of the term then being served
by the incumbent: PROVIDED, That compensation of
councilmen may not be increased or diminished after their
election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by
the council.
(2002 Ed.)
35A.13.020
Until councilmen of a newly-organized council-manager
code city may lawfully be paid as provided by salary
ordinance, such councilmen shall be entitled to compensation
in the same manner and in the same amount as councilmen
of such city prior to the adoption of this council-manager
plan.
Until a salary ordinance can be passed and become
effective as to elective officers of a newly incorporated code
city, the first councilmen shall be entitled to compensation
as follows: In cities having less than five thousand inhabitants—twenty dollars per meeting for not more than two
meetings per month; in cities having more than five thousand
but less than fifteen thousand inhabitants—a salary of one
hundred and fifty dollars per calendar month; in cities having
more than fifteen thousand inhabitants—a salary of four
hundred dollars per calendar month. A councilman who is
occupying the position of mayor, in addition to his salary as
a councilman, shall be entitled, while serving as mayor, to
an additional amount per calendar month, or portion thereof,
equal to twenty-five percent of the councilmanic salary:
PROVIDED, That such interim compensation shall remain
in effect only until a salary ordinance is passed and becomes
effective as to such officers, and the compensation provided
herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the
performance of the duties of their office, or the council by
ordinance may provide for a per diem allowance. Procedure
for approval of claims for expenses shall be as provided by
ordinance. [1979 ex.s. c 18 § 25; 1967 ex.s. c 119 §
35A.13.040.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.050 City manager—Qualifications. The city
manager need not be a resident at the time of his appointment, but shall reside in the code city after his appointment
unless such residence is waived by the council. He shall be
chosen by the council solely on the basis of his executive
and administrative qualifications with special reference to his
actual experience in, or his knowledge of, accepted practice
in respect to the duties of his office. No person elected to
membership on the council shall be eligible for appointment
as city manager until one year has elapsed following the
expiration of the term for which he was elected. [1967 ex.s.
c 119 § 35A.13.050.]
35A.13.060 City manager may serve two or more
cities. Whether the city manager shall devote his full time
to the affairs of one code city shall be determined by the
council. A city manager may serve two or more cities in
that capacity at the same time. [1967 ex.s. c 119 §
35A.13.060.]
35A.13.070 City manager—Bond and oath. Before
entering upon the duties of his office the city manager shall
take an oath or affirmation for the faithful performance of
his duties and shall execute and file with the clerk of the
council a bond in favor of the code city in such sum as may
be fixed by the council. The premium on such bond shall be
paid by the city. [1967 ex.s. c 119 § 35A.13.070.]
[Title 35A RCW—page 21]
35A.13.080
Title 35A RCW: Optional Municipal Code
35A.13.080 City manager—Powers and duties. The
powers and duties of the city manager shall be:
(1) To have general supervision over the administrative
affairs of the code city;
(2) To appoint and remove at any time all department
heads, officers, and employees of the code city, except
members of the council, and subject to the provisions of any
applicable law, rule, or regulation relating to civil service:
PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council,
of a city planning commission, and other advisory citizens’
committees, commissions, and boards advisory to the city
council: PROVIDED FURTHER, That if the municipal
judge of the code city is appointed, such appointment shall
be made by the city manager subject to confirmation by the
council, for a four year term. The council may cause an
audit to be made of any department or office of the code city
government and may select the persons to make it, without
the advice or consent of the city manager;
(3) To attend all meetings of the council at which his
attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully
executed, subject to the authority which the council may
grant the mayor to maintain law and order in times of
emergency;
(5) To recommend for adoption by the council such
measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as
may be required by that body or as he may deem it advisable to submit;
(7) To keep the council fully advised of the financial
condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed
budget for the fiscal year, as required by chapter 35A.33
RCW, and to be responsible for its administration upon
adoption;
(9) To perform such other duties as the council may
determine by ordinance or resolution. [1987 c 3 § 17; 1967
ex.s. c 119 § 35A.13.080.]
Severability—1987 c 3: See note following RCW 3.46.020.
35A.13.090 Creation of departments, offices, and
employment—Compensation. On recommendation of the
city manager or upon its own action, the council may create
such departments, offices, and employments as it may find
necessary or advisable and may determine the powers and
duties of each department or office. Compensation of
appointive officers and employees may be fixed by ordinance after recommendations are made by the city manager.
The appointive officers shall include a city clerk and a chief
of police or other law enforcement officer. Pursuant to
recommendation of the city manager, the council shall make
provision for obtaining legal counsel for the city, either by
appointment of a city attorney on a full time or part time
basis, or by any reasonable contractual arrangement for such
professional services. [1967 ex.s. c 119 § 35A.13.090.]
35A.13.100 City manager—Department heads—
Authority. The city manager may authorize the head of a
department or office responsible to him to appoint and
remove subordinates in such department or office. Any
[Title 35A RCW—page 22]
officer or employee who may be appointed by the city
manager, or by the head of a department or office, except
one who holds his position subject to civil service, may be
removed by the manager or other such appointing officer at
any time subject to any applicable law, rule, or regulation
relating to civil service. Subject to the provisions of RCW
35A.13.080 and any applicable civil service provisions, the
decision of the manager or other appointing officer, shall be
final and there shall be no appeal therefrom to any other
office, body, or court whatsoever. [1967 ex.s. c 119 §
35A.13.100.]
35A.13.110 City manager—Appointment of subordinates—Qualifications—Terms. Appointments made by
or under the authority of the city manager shall be on the
basis of ability and training or experience of the appointees
in the duties which they are to perform, and shall be in
compliance with provisions of any merit system applicable
to such city. Residence within the code city shall not be a
requirement. All such appointments shall be without definite
term. [1967 ex.s. c 119 § 35A.13.110.]
35A.13.120 City manager—Interference by council
members. Neither the council, nor any of its committees or
members, shall direct the appointment of any person to, or
his removal from, office by the city manager or any of his
subordinates. Except for the purpose of inquiry, the council
and its members shall deal with the administrative service
solely through the manager and neither the council nor any
committee or member thereof shall give orders to any
subordinate of the city manager, either publicly or privately.
The provisions of this section do not prohibit the council,
while in open session, from fully and freely discussing with
the city manager anything pertaining to appointments and
removals of city officers and employees and city affairs.
[1967 ex.s. c 119 § 35A.13.120.]
35A.13.130 City manager—Removal—Resolution
and notice. The city manager shall be appointed for an
indefinite term and may be removed by a majority vote of
the council. At least thirty days before the effective date of
his removal, the city manager must be furnished with a
formal statement in the form of a resolution passed by a
majority vote of the city council stating the council’s intention to remove him and the reasons therefor. Upon
passage of the resolution stating the council’s intention to
remove the manager, the council by a similar vote may
suspend him from duty, but his pay shall continue until his
removal becomes effective. [1967 ex.s. c 119 §
35A.13.130.]
35A.13.140 City manager—Removal—Reply and
hearing. The city manager may, within thirty days from the
date of service upon him of a copy thereof, reply in writing
to the resolution stating the council’s intention to remove
him. In the event no reply is timely filed, the resolution
shall upon the thirty-first day from the date of such service,
constitute the final resolution removing the manager and his
services shall terminate upon that day. If a reply shall be
timely filed with the city clerk, the council shall fix a time
for a public hearing upon the question of the manager’s
(2002 Ed.)
Council-Manager Plan of Government
35A.13.140
removal and a final resolution removing the manager shall
not be adopted until a public hearing has been had. The
action of the council in removing the manager shall be final.
[1967 ex.s. c 119 § 35A.13.140.]
35A.13.210 Audit and allowance of demands against
city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s. c 119 §
35A.13.210.]
35A.13.150 City manager—Substitute. The council
may designate a qualified administrative officer of the city
or town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan,
pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager,
pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the
manager. [1967 ex.s. c 119 § 35A.13.150.]
35A.13.220 Optional division of city into wards. A
code city organized under this chapter may be divided into
wards as provided in RCW 35A.12.180. [1967 ex.s. c 119
§ 35A.13.220.]
35A.13.160 Oath and bond of officers. All provisions of RCW 35A.12.080 relating to oaths and bonds of
officers, shall be applicable to code cities organized under
this council-manager plan. [1967 ex.s. c 119 § 35A.13.160.]
35A.13.170 Council meetings—Quorum—Rules—
Voting. All provisions of RCW 35A.12.110, as now or
hereafter amended, and 35A.12.120, relating to council
meetings, a quorum for transaction of business, rules and
voting at council meetings, shall be applicable to code cities
organized under this council-manager plan. [1979 ex.s. c 18
§ 26; 1967 ex.s. c 119 § 35A.13.170.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.180 Adoption of codes by reference.
Ordinances of cities organized under this chapter may adopt
codes by reference as provided in RCW 35A.12.140. [1967
ex.s. c 119 § 35A.13.180.]
35A.13.190 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances shall be as follows:
"The city council of the city of . . . . . . do ordain as
follows:" No ordinance shall contain more than one subject
and that must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall
be revised or amended unless the new ordinance sets forth
the revised ordinance or the amended section or subsection
at full length.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided by statute
or charter, except that an ordinance passed by a majority
plus one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the
protection of public health, public safety, public property or
the public peace, may be made effective upon adoption, but
such ordinance may not levy taxes, grant, renew, or extend
a franchise, or authorize the borrowing of money. [1967
ex.s. c 119 § 35A.13.190.]
35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized
under this chapter shall be authenticated, recorded and
published as provided in RCW 35A.12.150 and 35A.12.160.
[1967 ex.s. c 119 § 35A.13.200.]
(2002 Ed.)
35A.13.230 Powers of council. The council of any
code city organized under the council-manager plan provided
in this chapter shall have the powers and authority granted
to legislative bodies of cities governed by this title as more
particularly described in chapter 35A.11 RCW, except
insofar as such power and authority is vested in the city
manager. [1967 ex.s. c 119 § 35A.13.230.]
Chapter 35A.14
ANNEXATION BY CODE CITIES
Sections
35A.14.001 Actions subject to review by boundary review board.
35A.14.005 Annexations beyond urban growth areas prohibited.
35A.14.010 Authority for annexation—Consent of county commissioners
for certain property.
35A.14.015 Election method—Resolution for election—Contents of
resolution.
35A.14.020 Election method—Contents of petition—Certification by
auditor—Approval or rejection by legislative body—
Costs.
35A.14.025 Election method—Creation of community municipal corporation.
35A.14.030 Filing of petition as approved by city.
35A.14.040 Election method—Hearing by review board—Notice.
35A.14.050 Decision of the county annexation review board—Filing—
Date for election.
35A.14.070 Election method—Notice of election.
35A.14.080 Election method—Vote required for annexation—
Proposition for assumption of indebtedness—
Certification.
35A.14.085 Election method—Vote required for annexation with assumption of indebtedness—Without assumption of indebtedness.
35A.14.090 Election method—Ordinance providing for annexation, assumption of indebtedness.
35A.14.100 Election method—Effective date of annexation.
35A.14.110 Election method is alternative.
35A.14.120 Direct petition method—Notice to legislative body—
Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
35A.14.130 Direct petition method—Notice of hearing.
35A.14.140 Direct petition method—Ordinance providing for annexation.
35A.14.150 Direct petition method—Effective date of annexation.
35A.14.160 Annexation review board—Composition.
35A.14.170 Time for filing nominations—Vacancies.
35A.14.180 Terms of members.
35A.14.190 Organization of annexation review board—Rules—Journal—
Authority.
35A.14.200 Determination by county annexation review board—Factors
considered—Filing of findings and decision.
35A.14.210 Court review of decisions of the county annexation review
board.
35A.14.220 When review procedure may be dispensed with.
35A.14.231 Territory subject to annexation proposal—When annexation
by another city or incorporation allowed.
35A.14.295 Annexation of unincorporated island of territory within code
city—Resolution—Notice of hearing.
[Title 35A RCW—page 23]
Chapter 35A.14
Title 35A RCW: Optional Municipal Code
35A.14.297 Ordinance providing for annexation of unincorporated island
of territory—Referendum.
35A.14.299 Annexation of unincorporated island of territory within code
city—Referendum—Effective date if no referendum.
35A.14.300 Annexation for municipal purposes.
35A.14.310 Annexation of federal areas.
35A.14.320 Annexation of federal areas—Provisions of ordinance—
Authority over annexed territory.
35A.14.330 Proposed zoning regulation—Purposes of regulations and
restrictions.
35A.14.340 Notice and hearing—Filings and recordings.
35A.14.380 Ownership of assets of fire protection district—Assumption
of responsibility of fire protection—When at least sixty
percent of assessed valuation is annexed or incorporated
in code city.
35A.14.400 Ownership of assets of fire protection district—When less
than sixty percent of assessed valuation is annexed or
incorporated in code city.
35A.14.410 When right of way may be included—Use of right of way
line as corporate boundary.
35A.14.500 Outstanding indebtedness not affected.
35A.14.550 Providing annexation information to public.
35A.14.700 Determining population of annexed territory—Certificate—
As basis for allocation of state funds—Revised certificate.
35A.14.801 Road district taxes collected in annexed territory—
Disposition—Notification of annexation.
35A.14.900 Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed—
Regulation of solid waste collection.
35A.14.901 Application of chapter to annexations involving water or
sewer service.
Annexation of fire protection district territory: RCW 35.02.190 through
35.02.205.
Resolution initiating election may provide for inclusion of annexed area into
community municipal corporation: RCW 35.13.015.
Water, sewer, or fire districts, annexation of: Chapter 35.13A RCW.
35A.14.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.14 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 38.]
35A.14.015 Election method—Resolution for
election—Contents of resolution. When the legislative
body of a charter code city or noncharter code city shall
determine that the best interests and general welfare of such
city would be served by the annexation of unincorporated
territory contiguous to such city, such legislative body may,
by resolution, call for an election to be held to submit to the
voters of such territory the proposal for annexation. The
resolution shall, subject to RCW 35.02.170, describe the
boundaries of the area to be annexed, state the number of
voters residing therein as nearly as may be, and shall provide
that said city will pay the cost of the annexation election.
The resolution may require that there also be submitted to
the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon
annexation, be assessed and taxed at the same rate and on
the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the thenoutstanding indebtedness of the city to which said area is
annexed, which indebtedness has been approved by the
voters, contracted for, or incurred prior to, or existing at, the
date of annexation. Whenever such city has prepared and
filed a proposed zoning regulation for the area to be annexed
as provided for in RCW 35A.14.330 and 35A.14.340, the
resolution initiating the election may also provide for the
simultaneous adoption of the proposed zoning regulation
upon approval of annexation by the electorate of the area to
be annexed. A certified copy of the resolution shall be filed
with the legislative authority of the county in which said
territory is located. A certified copy of the resolution shall
be filed with the boundary review board as provided for in
chapter 36.93 RCW or the county annexation review board
established by RCW 35A.14.200, unless such annexation
proposal is within the provisions of RCW 35A.14.220.
[1986 c 234 § 29; 1979 ex.s. c 124 § 1; 1975 1st ex.s. c 220
§ 14; 1971 ex.s. c 251 § 10; 1967 ex.s. c 119 § 35A.14.015.]
35A.14.005 Annexations beyond urban growth
areas prohibited. No code city located in a county in
which urban growth areas have been designated under RCW
36.70A.110 may annex territory beyond an urban growth
area. [1990 1st ex.s. c 17 § 31.]
Severability—1979 ex.s. c 124: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 124 § 11.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
35A.14.010 Authority for annexation—Consent of
county commissioners for certain property. Any portion
of a county not incorporated as part of a city or town but
lying contiguous to a code city may become a part of the
charter code city or noncharter code city by annexation:
PROVIDED, That property owned by a county, and used for
the purpose of an agricultural fair as provided in chapter
15.76 RCW or chapter 36.37 RCW shall not be subject to
annexation without the consent of the majority of the board
of county commissioners. An area proposed to be annexed
to a charter code city or noncharter code city shall be
deemed contiguous thereto even though separated by water
or tide or shore lands and, upon annexation of such area, any
such intervening water and/or tide or shore lands shall
become a part of such annexing city. [1967 ex.s. c 119 §
35A.14.010.]
[Title 35A RCW—page 24]
35A.14.020 Election method—Contents of petition—
Certification by auditor—Approval or rejection by
legislative body—Costs. When a petition is sufficient under
the rules set forth in RCW 35A.01.040, calling for an
election to vote upon the annexation of unincorporated
territory contiguous to a code city, describing the boundaries
of the area proposed to be annexed, stating the number of
voters therein as nearly as may be, and signed by qualified
electors resident in such territory equal in number to ten
percent of the votes cast at the last state general election
therein, it shall be filed with the auditor of the county in
which all, or the greatest portion, of the territory is located,
and a copy of the petition shall be filed with the legislative
body of the code city. If the territory is located in more
than a single county, the auditor of the county with whom
the petition is filed shall act as the lead auditor and transmit
a copy of the petition to the auditor of each other county
within which a portion of the territory is located. The
(2002 Ed.)
Annexation by Code Cities
auditor or auditors shall examine the petition, and the auditor
or lead auditor shall certify the sufficiency of the petition to
the legislative authority of the code city.
If the signatures on the petition are certified as containing sufficient valid signatures, the city legislative authority
shall, by resolution entered within sixty days thereafter,
notify the petitioners, either by mail or by publication in the
same manner notice of hearing is required by RCW
35A.14.040 to be published, of its approval or rejection of
the proposed action. In approving the proposed action, the
legislative body may require that there also be submitted to
the electorate of the territory to be annexed, a proposition
that all property within the area to be annexed shall, upon
annexation, be assessed and taxed at the same rate and on
the same basis as the property of such annexing city is
assessed and taxed to pay for all or any portion of the thenoutstanding indebtedness of the city to which said area is
annexed, which indebtedness has been approved by the
voters, contracted for, or incurred prior to, or existing at, the
date of annexation. Only after the legislative body has
completed preparation and filing of a proposed zoning
regulation for the area to be annexed as provided for in
RCW 35A.14.330 and 35A.14.340, the legislative body in
approving the proposed action, may require that the proposed
zoning regulation be simultaneously adopted upon the
approval of annexation by the electorate of the area to be
annexed. The approval of the legislative body shall be a
condition precedent to further proceedings upon the petition.
The costs of conducting the election called for in the petition
shall be a charge against the city concerned. The proposition
or questions provided for in this section may be submitted to
the voter either separately or as a single proposition. [1989
c 351 § 4; 1981 c 332 § 6; 1979 ex.s. c 124 § 2; 1967 ex.s.
c 119 § 35A.14.020.]
Severability—1981 c 332: See note following RCW 35.13.165.
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
35A.14.025 Election method—Creation of community municipal corporation. The resolution initiating the
annexation of territory under RCW 35A.14.015, and the petition initiating the annexation of territory under RCW
35A.14.020, may provide for the simultaneous creation of a
community municipal corporation and election of community
council members as provided for in chapter 35.14 RCW, as
separate ballot measures or as part of the same ballot
measure authorizing the annexation, or for the simultaneous
inclusion of the annexed area into a named existing community municipal corporation operating under chapter 35.14
RCW, as separate ballot measures or as part of the same
ballot measure authorizing the annexation. If the petition so
provides for the creation of a community municipal corporation and election of community council members, the
petition shall describe the boundaries of the proposed service
area, state the number of voters residing therein as nearly as
may be, and pray for the election of community council
members by the voters residing in the service area.
The ballots shall contain the words "For annexation and
creation of community municipal corporation" and "Against
annexation and creation of community municipal corporation," or "For creation of community municipal corpora(2002 Ed.)
35A.14.020
tion" and "Against creation of community municipal corporation," as the case may be. Approval of either optional ballot
proposition shall be by simple majority vote of the voters
voting on the proposition, but the annexation must be
authorized before a community municipal corporation is
created. [1993 c 75 § 3.]
35A.14.030 Filing of petition as approved by city.
Upon approval of the petition for election by the legislative
body of the code city to which such territory is proposed to
be annexed, the petition shall be filed with the legislative
authority of the county in which such territory is located,
along with a statement, in the form required by the city, of
the provisions, if any there be, relating to assumption of the
portion of the debt that the city requires to be assumed by
the owners of property of the area proposed to be annexed,
and/or the simultaneous adoption of a proposed zoning
regulation for the area. A copy of the petition and the
statement, if any, shall also be filed with the boundary
review board as provided for in chapter 36.93 RCW or the
county annexation review board established by RCW
35A.14.160, unless such proposed annexation is within the
provisions of RCW 35A.14.220. [1979 ex.s. c 124 § 3;
1971 ex.s. c 251 § 6; 1967 ex.s. c 119 § 35A.14.030.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.040 Election method—Hearing by review
board—Notice. Within ten days after receipt of a petition
or resolution calling for an election on the question of
annexation, the county annexation review board shall meet
and, if the proposed annexation complies with the requirements of law, shall fix a date for a hearing thereon, to be
held not less than fifteen days nor more than thirty days
thereafter, of which hearing the city must give notice by
publication at least once a week for two weeks prior thereto
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the area proposed to be annexed. The hearing shall
be held within the city to which the territory is proposed to
be annexed, at a time and place to be designated by the
board. Upon the day fixed, the board shall conduct a
hearing upon the petition or resolution, at which hearing a
representative of the city shall make a brief presentation to
the board in explanation of the annexation and the benefits
to be derived therefrom, and the petitioners and any resident
of the city or the area proposed to be annexed shall be
afforded a reasonable opportunity to be heard. The hearing
may be adjourned from time to time in the board’s discretion, not to exceed thirty days in all from the commencement
of the hearing. [1967 ex.s. c 119 § 35A.14.040.]
35A.14.050 Decision of the county annexation
review board—Filing—Date for election. After consideration of the proposed annexation as provided in RCW
35A.14.200, the county annexation review board, within
thirty days after the final day of hearing, shall take one of
the following actions:
(1) Approval of the proposal as submitted.
[Title 35A RCW—page 25]
35A.14.050
Title 35A RCW: Optional Municipal Code
(2) Subject to RCW 35.02.170, modification of the
proposal by adjusting boundaries to include or exclude
territory; except that any such inclusion of territory shall not
increase the total area of territory proposed for annexation by
an amount exceeding the original proposal by more than five
percent: PROVIDED, That the county annexation review
board shall not adjust boundaries to include territory not
included in the original proposal without first affording to
residents and property owners of the area affected by such
adjustment of boundaries an opportunity to be heard as to
the proposal.
(3) Disapproval of the proposal.
The written decision of the county annexation review
board shall be filed with the board of county commissioners
and with the legislative body of the city concerned. If the
annexation proposal is modified by the county annexation
review board, such modification shall be fully set forth in
the written decision. If the decision of the boundary review
board or the county annexation review board is favorable to
the annexation proposal, or the proposal as modified by the
review board, the legislative body of the city at its next
regular meeting if to be held within thirty days after receipt
of the decision of the boundary review board or the county
annexation review board, or at a special meeting to be held
within that period, shall indicate to the county auditor its
preference for a special election date for submission of such
annexation proposal, with any modifications made by the
review board, to the voters of the territory proposed to be
annexed. The special election date that is so indicated shall
be one of the dates for special elections provided under
RCW 29.13.020 that is sixty or more days after the date the
preference is indicated. The county legislative authority
shall call the special election at the special election date so
indicated by the city. If the boundary review board or the
county annexation review board disapproves the annexation
proposal, no further action shall be taken thereon, and no
proposal for annexation of the same territory, or substantially
the same as determined by the board, shall be initiated or
considered for twelve months thereafter. [1989 c 351 § 5;
1986 c 234 § 30; 1975 1st ex.s. c 220 § 15; 1971 ex.s. c 251
§ 7; 1967 ex.s. c 119 § 35A.14.050.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.070 Election method—Notice of election.
Notice of an annexation election shall particularly describe
the boundaries of the area proposed to be annexed, as the
same may have been modified by the boundary review board
or the county annexation review board, state the objects of
the election as prayed in the petition or as stated in the
resolution, and require the voters to cast ballots which shall
contain the words "For Annexation" or "Against Annexation"
or words equivalent thereto, or contain the words "For
Annexation and Adoption of Proposed Zoning Regulation",
and "Against Annexation and Adoption of Proposed Zoning
Regulation", or words equivalent thereto in case the simultaneous adoption of a proposed zoning regulation is proposed,
and in case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate
proposition for or against the portion of indebtedness that the
[Title 35A RCW—page 26]
city requires to be assumed. The notice shall be posted for
at least two weeks prior to the date of election in four public
places within the area proposed to be annexed and published
at least once a week for two weeks prior to the date of
election in a newspaper of general circulation within the
limits of the territory proposed to be annexed. Such notice
shall be in addition to the notice required by general election
law. [1994 c 223 § 38; 1979 ex.s. c 124 § 4; 1967 ex.s. c
119 § 35A.14.070.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
35A.14.080 Election method—Vote required for
annexation—Proposition for assumption of indebtedness—Certification. On the Monday next succeeding the
annexation election, the county canvassing board shall
proceed to canvass the returns thereof and shall submit the
statement of canvass to the county legislative authority.
The proposition for or against annexation or for or
against annexation and adoption of the proposed zoning
regulation, as the case may be, shall be deemed approved if
a majority of the votes cast on that proposition are cast in
favor of annexation or in favor of annexation and adoption
of the proposed zoning regulation, as the case may be. If a
proposition for or against assumption of all or any portion of
indebtedness was submitted to the electorate, it shall be
deemed approved if a majority of at least three-fifths of the
electors of the territory proposed to be annexed voting on
such proposition vote in favor thereof, and the number of
persons voting on such proposition constitutes not less than
forty percent of the total number of votes cast in such territory at the last preceding general election. If either or both
propositions were approved by the electors, the county
legislative authority shall enter a finding to that effect on its
minutes, a certified copy of which shall be forthwith
transmitted to and filed with the clerk of the city to which
annexation is proposed, together with a certified abstract of
the vote showing the whole number who voted at the
election, the number of votes cast for annexation and the
number cast against annexation or for annexation and
adoption of the proposed zoning regulation and the number
cast against annexation and adoption of the proposed zoning
regulation, as the case may be, and if a proposition for
assumption of all or any portion of indebtedness was
submitted to the electorate, the abstract shall include the
number of votes cast for assumption of indebtedness and the
number of votes cast against assumption of indebtedness,
together with a statement of the total number of votes cast
in such territory at the last preceding general election. [1979
ex.s. c 124 § 5; 1967 ex.s. c 119 § 35A.14.080.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
35A.14.085 Election method—Vote required for
annexation with assumption of indebtedness—Without
assumption of indebtedness. A code city may cause a
proposition authorizing an area to be annexed to the city to
be submitted to the qualified voters of the area proposed to
be annexed in the same ballot proposition as the question to
authorize an assumption of indebtedness. If the measures
are combined, the annexation and the assumption of indebt(2002 Ed.)
Annexation by Code Cities
edness shall be authorized only if the proposition is approved
by at least three-fifths of the voters of the area proposed to
be annexed voting on the proposition, and the number of
persons voting on the proposition constitutes not less than
forty percent of the total number of votes cast in the area at
the last preceding general election.
However, the code city council may adopt a resolution
accepting the annexation, without the assumption of indebtedness, where the combined ballot proposition is approved
by a simple majority vote of the voters voting on the proposition. [1989 c 84 § 23.]
35A.14.090 Election method—Ordinance providing
for annexation, assumption of indebtedness. Upon filing
of the certified copy of the finding of the county legislative
authority, the clerk shall transmit it to the legislative body of
the city at the next regular meeting or as soon thereafter as
practicable. If only a proposition relating to annexation or
to annexation and adoption of a proposed zoning regulation
was submitted to the voters and such proposition was
approved, the legislative body shall adopt an ordinance
providing for the annexation or adopt ordinances providing
for the annexation and adoption of a proposed zoning
regulation, as the case may be. If a proposition for annexation or for annexation and adoption of a proposed zoning
regulation, and a proposition for assumption of all or any
portion of indebtedness were both submitted, and both were
approved, the legislative body shall adopt an ordinance
providing for the annexation or for annexation and adoption
of the proposed zoning regulation, including the assumption
of the portion of indebtedness that was approved by the
voters. If both propositions were submitted and only the
annexation or the annexation and adoption of the proposed
zoning regulation was approved, the legislative body may
adopt an ordinance providing for the annexation or adopt
ordinances providing for the annexation and adoption of the
proposed zoning regulation, as the case may be, or the
legislative body may refuse to annex when a proposal for
assumption of the portion of indebtedness has been disapproved by the voters. [1979 ex.s. c 124 § 6; 1967 ex.s. c
119 § 35A.14.090.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
35A.14.100 Election method—Effective date of
annexation. Upon the date fixed in the ordinance of
annexation, the area annexed shall become a part of the city.
Upon the date fixed in the ordinances of annexation and
adoption of the proposed zoning regulation, the area annexed
shall become a part of the city, and property in the annexed
area shall be subject to the proposed zoning regulation, as
prepared and filed as provided for in RCW 35A.14.330 and
35A.14.340. All property within the territory hereafter
annexed shall, if the proposition approved by the people so
provides, be assessed and taxed at the same rate and on the
same basis as the property of such annexing city is assessed
and taxed to pay for the portion of indebtedness of the city
that was approved by the voters. [1979 ex.s. c 124 § 7;
1967 ex.s. c 119 § 35A.14.100.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
(2002 Ed.)
35A.14.085
35A.14.110 Election method is alternative. The
method of annexation provided for in RCW 35A.14.015
through 35A.14.100 is an alternative method and is additional to the other methods provided for in this chapter. [1967
ex.s. c 119 § 35A.14.110.]
35A.14.120 Direct petition method—Notice to
legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
Proceedings for initiating annexation of unincorporated
territory to a charter code city or noncharter code city may
be commenced by the filing of a petition of property owners
of the territory proposed to be annexed, in the following
manner. This method of annexation shall be alternative to
other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or
parties, who shall be the owners of not less than ten percent
in value, according to the assessed valuation for general
taxation of the property for which annexation is sought, shall
notify the legislative body of the code city in writing of their
intention to commence annexation proceedings. The
legislative body shall set a date, not later than sixty days
after the filing of the request, for a meeting with the initiating parties to determine whether the code city will accept,
reject, or geographically modify the proposed annexation,
whether it shall require the simultaneous adoption of a
proposed zoning regulation, if such a proposal has been
prepared and filed for the area to be annexed as provided for
in RCW 35A.14.330 and 35A.14.340, and whether it shall
require the assumption of all or of any portion of existing
city indebtedness by the area to be annexed. If the legislative body requires the assumption of all or of any portion of
indebtedness and/or the adoption of a proposed zoning
regulation, it shall record this action in its minutes and the
petition for annexation shall be so drawn as to clearly
indicate these facts. Approval by the legislative body shall
be a condition precedent to circulation of the petition. There
shall be no appeal from the decision of the legislative body.
A petition for annexation of an area contiguous to a code
city may be filed with the legislative body of the municipality to which annexation is desired. It must be signed by the
owners, as defined by RCW 35A.01.040(9) (a) through (d),
of not less than sixty percent in value, according to the
assessed valuation for general taxation of the property for
which annexation is petitioned: PROVIDED, That a petition
for annexation of an area having at least eighty percent of
the boundaries of such area contiguous with a portion of the
boundaries of the code city, not including that portion of the
boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in
this state, need be signed by only the owners of not less than
fifty percent in value according to the assessed valuation for
general taxation of the property for which the annexation is
petitioned. Such petition shall set forth a description of the
property according to government legal subdivisions or legal
plats and shall be accompanied by a map which outlines the
boundaries of the property sought to be annexed. If the
legislative body has required the assumption of all or any
portion of city indebtedness by the area annexed or the
adoption of a proposed zoning regulation, these facts,
[Title 35A RCW—page 27]
35A.14.120
Title 35A RCW: Optional Municipal Code
together with a quotation of the minute entry of such
requirement, or requirements, shall also be set forth in the
petition. [1989 c 351 § 6; 1979 ex.s. c 124 § 8; 1967 ex.s.
c 119 § 35A.14.120.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
Sufficiency of petition in code city: RCW 35A.01.040.
35A.14.130 Direct petition method—Notice of
hearing. Whenever such a petition for annexation is filed
with the legislative body of a code city, which petition meets
the requirements herein specified and is sufficient according
to the rules set forth in RCW 35A.01.040, the legislative
body may entertain the same, fix a date for a public hearing
thereon and cause notice of the hearing to be published in
one or more issues of a newspaper of general circulation in
the city. The notice shall also be posted in three public
places within the territory proposed for annexation, and shall
specify the time and place of hearing and invite interested
persons to appear and voice approval or disapproval of the
annexation. [1967 ex.s. c 119 § 35A.14.130.]
35A.14.140 Direct petition method—Ordinance
providing for annexation. Following the hearing, if the
legislative body determines to effect the annexation, they
shall do so by ordinance. Subject to RCW 35.02.170, the
ordinance may annex all or any portion of the proposed area
but may not include in the annexation any property not
described in the petition. Upon passage of the annexation
ordinance a certified copy shall be filed with the board of
county commissioners of the county in which the annexed
property is located. [1986 c 234 § 31; 1975 1st ex.s. c 220
§ 16; 1967 ex.s. c 119 § 35A.14.140.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35A.14.150 Direct petition method—Effective date
of annexation. Upon the date fixed in the ordinance of
annexation the area annexed shall become part of the city.
All property within the territory hereafter annexed shall, if
the annexation petition so provided, be assessed and taxed at
the same rate and on the same basis as the property of such
annexing code city is assessed and taxed to pay for the
portion of any then-outstanding indebtedness of the city to
which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or
existing at, the date of annexation and that the city has
required to be assumed. If the annexation petition so
provided, all property in the annexed area shall be subject to
and a part of the proposed zoning regulation as prepared and
filed as provided for in RCW 35A.14.330 and 35A.14.340.
[1979 ex.s. c 124 § 9; 1967 ex.s. c 119 § 35A.14.150.]
Severability—1979 ex.s. c 124: See note following RCW
35A.14.015.
35A.14.160 Annexation review board—Composition.
There is hereby established in each county of the state, other
than counties having a boundary review board as provided
for in chapter 189, Laws of 1967 [chapter 36.93 RCW], a
board to be known as the "annexation review board for the
county of . . . . . . (naming the county)", which shall be
[Title 35A RCW—page 28]
charged with the duty of reviewing proposals for annexation
of unincorporated territory to charter code cities and
noncharter code cities within its respective county; except
that proposals within the provisions of RCW 35A.14.220
shall not be subject to the jurisdiction of such board.
In all counties in which a boundary review board is
established pursuant to chapter 189, Laws of 1967 [chapter
36.93 RCW] review of proposals for annexation of unincorporated territory to charter code cities and noncharter code
cities within such counties shall be subject to chapter 189,
Laws of 1967 [chapter 36.93 RCW]. Whenever any county
establishes a boundary review board pursuant to chapter 189,
Laws of 1967 [chapter 36.93 RCW] the provisions of this
act relating to annexation review boards shall not be applicable.
Except as provided above in this section, whenever one
or more cities of a county shall have elected to be governed
by this title by becoming a charter code city or noncharter
code city, the governor shall, within forty-five days thereafter, appoint an annexation review board for such county
consisting of five members appointed in the following
manner:
Two members shall be selected independently by the
governor. Three members shall be selected by the governor
from the following sources: (1) One member shall be
appointed from nominees of the individual members of the
board of county commissioners; (2) one member shall be
appointed from nominees of the individual mayors of charter
code cities within such county; (3) one member shall be
appointed from nominees of the individual mayors of
noncharter code cities within such county.
Each source shall nominate at least two persons for an
available position. In the event there are less than two
nominees for any position, the governor may appoint the
member for that position independently. If, at the time of
appointment, there are within the county no cities of one of
the classes named above as a nominating source, a position
which would otherwise have been filled by nomination from
such source shall be filled by independent appointment of
the governor.
In making appointments independently and in making
appointments from among nominees, the governor shall
strive to appoint persons familiar with municipal government
and administration by experience and/or training. [1971 ex.s.
c 251 § 8; 1967 ex.s. c 119 § 35A.14.160.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.170 Time for filing nominations—Vacancies.
Upon the initial formation of a county annexation review
board the governor shall give written notice of such formation to all the nominating sources designated therein and
nominations must be filed with the office of the governor
within fifteen days after receipt of such notice. Nominations
to fill vacancies caused by expiration of terms must be filed
at least thirty days preceding the expiration of the terms.
When vacancies occur in the membership of the board, the
governor shall solicit nominations from the appropriate
source and if none are filed within fifteen days thereafter,
the governor shall fill the vacancy by an independent appointment. [1967 ex.s. c 119 § 35A.14.170.]
(2002 Ed.)
Annexation by Code Cities
35A.14.180 Terms of members. The members of the
annexation review board shall be appointed for five year
terms. Upon the initial formation of a board, one member
appointed by the governor independently shall be appointed
for a four year term, the member appointed from among
nominees of the board of county commissioners shall be
appointed for a three year term, the member appointed from
among nominees of the mayors of noncharter code cities
shall be appointed for a three year term, and the remaining
members shall be appointed for five year terms. Thereafter
board members shall be appointed for five year terms as the
terms of their predecessors expire. Members shall be
eligible for reappointment to the board for successive terms.
[1967 ex.s. c 119 § 35A.14.180.]
35A.14.190 Organization of annexation review
board—Rules—Journal—Authority. The members of
each annexation review board shall elect from among the
members a chairman and a vice chairman, and may employ
a nonmember as chief clerk, who shall be the secretary of
the board. The board shall determine its own rules and
order of business, shall provide by resolution for the time
and manner of holding regular or special meetings, and shall
keep a journal of its proceedings which shall be a public
record. A majority of all the members shall constitute a
quorum for the transaction of business.
The chief clerk of the board, the chairman, or the vice
chairman shall have the power to administer oaths and
affirmations, certify to all official acts, issue subpoenas to
any public officer or employee ordering him to testify before
the board and produce public records, papers, books or
documents. The chief clerk, the chairman or the vice
chairman may invoke the aid of any court of competent
jurisdiction to carry out such powers.
The planning departments of the county, other counties,
and any city, and any state or regional planning agency shall
furnish such information to the board at its request as may
be reasonably necessary for the performance of its duties.
At the request of the board, the state attorney general
shall provide counsel for the board. [1967 ex.s. c 119 §
35A.14.190.]
35A.14.200 Determination by county annexation
review board—Factors considered—Filing of findings
and decision. The jurisdiction of the county annexation review board shall be invoked upon the filing with the board
of a resolution for an annexation election as provided in
RCW 35A.14.015, or of a petition for an annexation election
as provided in RCW 35A.14.030, and the board shall
proceed to hold a hearing, upon notice, all as provided in
RCW 35A.14.040. A verbatim record shall be made of all
testimony presented at the hearing and upon request and
payment of the reasonable costs thereof, a copy of the
transcript of such testimony shall be provided to any person
or governmental unit. The board shall make and file its
decision, all as provided in RCW 35A.14.050, insofar as said
section is applicable to the matter before the board. Dissenting members of the board shall have the right to have
their written dissents included as part of the decision. In
reaching a decision on an annexation proposal, the county
annexation review board shall consider the factors affecting
(2002 Ed.)
35A.14.180
such proposal, which shall include but not be limited to the
following:
(1) The immediate and prospective population of the
area proposed to be annexed, the configuration of the area,
land use and land uses, comprehensive use plans and zoning,
per capita assessed valuation, topography, natural boundaries
and drainage basins, the likelihood of significant growth in
the area and in adjacent incorporated and unincorporated
areas during the next ten years, location and coordination of
community facilities and services; and
(2) The need for municipal services and the available
municipal services, effect of ordinances and governmental
codes, regulations and resolutions on existing uses, present
cost and adequacy of governmental services and controls, the
probable future needs for such services and controls, the
probable effect of the annexation proposal or alternatives on
cost and adequacy of services and controls in area and
adjacent area, the effect on the finances, debt structure, and
contractual obligations and rights of all affected governmental units; and
(3) The effect of the annexation proposal or alternatives
on adjacent areas, on mutual economic and social interests,
and on the local governmental structure of the county.
The county annexation review board shall determine
whether the proposed annexation would be in the public
interest and for the public welfare. The decision of the
board shall be accompanied by the findings of the board.
Such findings need not include specific data on all the
factors listed in this section, but shall indicate that all such
factors were considered. [1971 ex.s. c 251 § 11; 1967 ex.s.
c 119 § 35A.14.200.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.210 Court review of decisions of the county
annexation review board. Decisions of the county annexation review board shall be final unless within ten days from
the date of said action a governmental unit affected by the
decision or any person owning real property in or residing in
the area proposed to be annexed files in the superior court a
notice of appeal. The filing of such notice of appeal within
such time limit shall stay the effective date of the decision
of the board until such time as the appeal shall have been
adjudicated or withdrawn. On appeal the superior court shall
not take any evidence other than that contained in the record
of the hearing before the board. The superior court may
affirm the decision of the county annexation review board or
remand the case for further proceedings; or the court may
reverse the decision and remand if it finds that substantial
rights have been prejudiced because the findings, conclusions, or decision of the board are:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of
the board; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Unsupported by material and substantial evidence in
view of the entire record as submitted; or
(6) Arbitrary or capricious. [1971 ex.s. c 251 § 12;
1967 ex.s. c 119 § 35A.14.210.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
[Title 35A RCW—page 29]
35A.14.220
Title 35A RCW: Optional Municipal Code
35A.14.220 When review procedure may be dispensed with. Annexations under the provisions of RCW
35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall
not be subject to review by the annexation review board:
PROVIDED, That in any county in which a boundary review
board is established under chapter 36.93 RCW all annexations shall be subject to review except as provided for in
RCW 36.93.110. When the area proposed for annexation in
a petition or resolution, initiated and filed under any of the
methods of initiating annexation authorized by this chapter,
is less than fifty acres or less than two million dollars in
assessed valuation, review procedures shall not be required
as to such annexation proposal, except as provided in chapter
36.93 RCW in those counties with a review board established pursuant to chapter 36.93 RCW: PROVIDED, That
when an annexation proposal is initiated by the direct
petition method authorized by RCW 35A.14.120, review
procedures shall not be required without regard to acreage or
assessed valuation, except as provided in chapter 36.93 RCW
in those counties with a boundary review board established
pursuant to chapter 36.93 RCW. [1979 ex.s. c 18 § 27;
1973 1st ex.s. c 195 § 26; 1967 ex.s. c 119 § 35A.14.220.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
35A.14.231 Territory subject to annexation proposal—When annexation by another city or incorporation
allowed. After a petition proposing an annexation by a code
city has been filed with the city or the city legislative
authority, or after a resolution proposing the annexation by
a code city has been adopted by the city legislative authority,
no territory included in the proposed annexation may be
annexed by another city or town or incorporated into a city
or town unless: (1) The boundary review board or county
annexation review board created under RCW 35A.14.160
modifies the boundaries of the proposed annexation and
removes the territory; (2) the boundary review board or
county annexation review board created under RCW
35A.14.160 rejects the proposed annexation; or (3) the city
legislative authority rejects the proposed annexation or voters
defeat the ballot proposition authorizing the annexation.
[1994 c 216 § 8.]
Effective date—1994 c 216: See note following RCW 35.02.015.
35A.14.295 Annexation of unincorporated island of
territory within code city—Resolution—Notice of hearing.
(1) The legislative body of a code city may resolve to annex
territory containing residential property owners to the city if
there is within the city, unincorporated territory:
(a) Containing less than one hundred acres and having
at least eighty percent of the boundaries of such area
contiguous to the code city; or
(b) Of any size and having at least eighty percent of the
boundaries of such area contiguous to the city if such area
existed before June 30, 1994, and is within the same county
and within the same urban growth area designated under
RCW 36.70A.110, and the city was planning under chapter
36.70A RCW as of June 30, 1994.
(2) The resolution shall describe the boundaries of the
area to be annexed, state the number of voters residing
[Title 35A RCW—page 30]
therein as nearly as may be, and set a date for a public
hearing on such resolution for annexation. Notice of the
hearing shall be given by publication of the resolution at
least once a week for two weeks prior to the date of the
hearing, in one or more newspapers of general circulation
within the code city and one or more newspapers of general
circulation within the area to be annexed.
(3) For purposes of subsection (1)(b) of this section,
territory bounded by a river, lake, or other body of water is
considered contiguous to a city that is also bounded by the
same river, lake, or other body of water. [1997 c 429 § 36;
1967 ex.s. c 119 § 35A.14.295.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
35A.14.297 Ordinance providing for annexation of
unincorporated island of territory—Referendum. On the
date set for hearing as provided in RCW 35A.14.295, residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be
heard. The legislative body may provide by ordinance for
annexation of the territory described in the resolution, but the
effective date of the ordinance shall be not less than fortyfive days after the passage thereof. The legislative body
shall cause notice of the proposed effective date of the
annexation, together with a description of the property to be
annexed, to be published at least once each week for two
weeks subsequent to passage of the ordinance, in one or
more newspapers of general circulation within the city and
in one or more newspapers of general circulation within the
area to be annexed. If the annexation ordinance provides for
assumption of indebtedness or adoption of a proposed zoning
regulation, the notice shall include a statement of such
requirements. Such annexation ordinance shall be subject to
referendum for forty-five days after the passage thereof.
Upon the filing of a timely and sufficient referendum
petition as provided in RCW 35A.14.299 below, a referendum election shall be held as provided in RCW 35A.14.299,
and the annexation shall be deemed approved by the voters
unless a majority of the votes cast on the proposition are in
opposition thereto. After the expiration of the forty-fifth day
from, but excluding the date of passage of the annexation
ordinance, if no timely and sufficient referendum petition has
been filed, as provided by RCW 35A.14.299 below, the area
annexed shall become a part of the code city upon the date
fixed in the ordinance of annexation. [1967 ex.s. c 119 §
35A.14.297.]
35A.14.299 Annexation of unincorporated island of
territory within code city—Referendum—Effective date
if no referendum. Such annexation ordinance as provided
for in RCW 35A.14.297 shall be subject to referendum for
forty-five days after the passage thereof. Upon the filing of
a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to
not less than ten percent of the votes cast in the last general
state election in the area to be annexed, the question of
annexation shall be submitted to the voters of such area in
a general election if one is to be held within ninety days or
at a special election called for that purpose not less than
forty-five days nor more than ninety days after the filing of
the referendum petition. Notice of such election shall be
(2002 Ed.)
Annexation by Code Cities
given as provided in RCW 35A.14.070 and the election shall
be conducted as provided in *RCW 35A.14.060. The
annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance,
if no timely and sufficient referendum petition has been
filed, the area annexed shall become a part of the code city
upon the date fixed in the ordinance of annexation. From
and after such date, if the ordinance so provided, property in
the annexed area shall be subject to the proposed zoning
regulation prepared and filed for such area as provided in
RCW 35A.14.330 and 35A.14.340. If the ordinance so
provided, all property within the area annexed shall be
assessed and taxed at the same rate and on the same basis as
the property of such annexing code city is assessed and
taxed to pay for any then outstanding indebtedness of such
city contracted prior to, or existing at, the date of annexation.
[1967 ex.s. c 119 § 35A.14.299.]
*Reviser’s note: RCW 35A.14.060 was repealed by 1994 c 223 § 92.
35A.14.300 Annexation for municipal purposes.
Legislative bodies of code cities may by a majority vote
annex territory outside the limits of such city whether
contiguous or noncontiguous for any municipal purpose
when such territory is owned by the city. [1981 c 332 § 7;
1967 ex.s. c 119 § 35A.14.300.]
Severability—1981 c 332: See note following RCW 35.13.165.
35A.14.310 Annexation of federal areas. A code
city may annex an unincorporated area contiguous to the city
that is owned by the federal government by adopting an
ordinance providing for the annexation and which ordinance
either acknowledges an agreement of the annexation by the
government of the United States, or accepts a gift, grant, or
lease from the government of the United States of the right
to occupy, control, improve it or sublet it for commercial,
manufacturing, or industrial purposes: PROVIDED, That
this right of annexation shall not apply to any territory more
than four miles from the corporate limits existing before
such annexation. Whenever a code city proposes to annex
territory under this section, the city shall provide written
notice of the proposed annexation to the legislative authority
of the county within which such territory is located. The
notice shall be provided at least thirty days before the city
proposes to adopt the annexation ordinance. The city shall
not adopt the annexation ordinance, and the annexation shall
not occur under this section, if within twenty-five days of
receipt of the notice, the county legislative authority adopts
a resolution opposing the annexation, which resolution makes
a finding that the proposed annexation will have an adverse
fiscal impact on the county or road district. [1985 c 105 §
1; 1967 ex.s. c 119 § 35A.14.310.]
35A.14.320 Annexation of federal areas—Provisions
of ordinance—Authority over annexed territory. In the
ordinance annexing territory pursuant to a gift, grant, or
lease from the government of the United States, a code city
may include such tide and shorelands as may be necessary
or convenient for the use thereof, and may include in the
(2002 Ed.)
35A.14.299
ordinance an acceptance of the terms and conditions attached
to the gift, grant, or lease. A code city may cause territory
annexed pursuant to a gift, grant, or lease of the government
of the United States to be surveyed, subdivided and platted
into lots, blocks, or tracts and lay out, reserve for public use,
and improve streets, roads, alleys, slips, and other public
places. It may grant or sublet any lot, block, or tract therein
for commercial, manufacturing, or industrial purposes and
reserve, receive and collect rents therefrom. It may expend
the rents received therefrom in making and maintaining
public improvements therein, and if any surplus remains at
the end of any fiscal year, may transfer it to the city’s
current expense fund. [1967 ex.s. c 119 § 35A.14.320.]
35A.14.330 Proposed zoning regulation—Purposes
of regulations and restrictions. The legislative body of any
code city acting through a planning agency created pursuant
to chapter 35A.63 RCW, or pursuant to its granted powers,
may prepare a proposed zoning regulation to become
effective upon the annexation of any area which might
reasonably be expected to be annexed by the code city at
any future time. Such proposed zoning regulation, to the
extent deemed reasonably necessary by the legislative body
to be in the interest of health, safety, morals and the general
welfare may provide, among other things, for:
(1) The regulation and restriction within the area to be
annexed of the location and the use of buildings, structures
and land for residence, trade, industrial and other purposes;
the height, number of stories, size, construction and design
of buildings and other structures; the size of yards, courts
and other open spaces on the lot or tract; the density of
population; the set-back of buildings and structures along
highways, parks or public water frontages; and the subdivision and development of land;
(2) The division of the area to be annexed into districts
or zones of any size or shape, and within such districts or
zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or
land;
(3) The appointment of a board of adjustment, to make,
in appropriate cases and subject to appropriate conditions
and safeguards established by ordinance, special exceptions
in harmony with the general purposes and intent of the
proposed zoning regulation; and
(4) The time interval following an annexation during
which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect
before it may be amended, supplemented or modified by
subsequent ordinance or resolution adopted by the annexing
city or town.
All such regulations and restrictions shall be designed,
among other things, to encourage the most appropriate use
of land throughout the area to be annexed; to lessen traffic
congestion and accidents; to secure safety from fire; to
provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to promote
a coordinated development of the unbuilt areas; to encourage
the formation of neighborhood or community units; to secure
an appropriate allotment of land area in new developments
for all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to facili[Title 35A RCW—page 31]
35A.14.330
Title 35A RCW: Optional Municipal Code
tate the adequate provision of transportation, water, sewerage
and other public uses and requirements. [1967 ex.s. c 119
§ 35A.14.330.]
35A.14.340 Notice and hearing—Filings and
recordings. The legislative body of the code city shall hold
two or more public hearings, to be held at least thirty days
apart, upon the proposed zoning regulation, giving notice of
the time and place thereof by publication in a newspaper of
general circulation in the annexing city and the area to be
annexed. A copy of the ordinance or resolution adopting or
embodying such proposed zoning regulation or any part
thereof or any amendment thereto, duly certified as a true
copy by the clerk of the annexing city, shall be filed with the
county auditor. A like certified copy of any map or plat
referred to or adopted by the ordinance or resolution shall
likewise be filed with the county auditor. The auditor shall
record the ordinance or resolution and keep on file the map
or plat. [1967 ex.s. c 119 § 35A.14.340.]
Annexation of water, sewer, and fire districts: Chapter 35.13A RCW.
35A.14.380 Ownership of assets of fire protection
district—Assumption of responsibility of fire protection—
When at least sixty percent of assessed valuation is
annexed or incorporated in code city. If a portion of a
fire protection district including at least sixty percent of the
assessed valuation of the real property of the district is
annexed to or incorporated into a code city, ownership of all
of the assets of the district shall be vested in the code city,
upon payment in cash, properties or contracts for fire protection services to the district within one year, of a percentage
of the value of said assets equal to the percentage of the
value of the real property in the entire district remaining
outside the incorporated or annexed area.
The fire protection district may elect, by a vote of a
majority of the persons residing outside the annexed area
who vote on the proposition, to require the annexing code
city to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district’s
property, facilities, and equipment throughout the district and
to pay the code city a reasonable fee for such fire protection,
operation, and maintenance. [1981 c 332 § 8; 1967 ex.s. c
119 § 35A.14.380.]
Severability—1981 c 332: See note following RCW 35.13.165.
35A.14.400 Ownership of assets of fire protection
district—When less than sixty percent of assessed
valuation is annexed or incorporated in code city. If a
portion of a fire protection district including less than sixty
percent of the assessed value of the real property of the
district is annexed to or incorporated into a code city, the
ownership of all assets of the district shall remain in the
district and the district shall pay to the code city within one
year or within such period of time as the district continues
to collect taxes in such incorporated or annexed areas, in
cash, properties or contracts for fire protection services, a
percentage of the value of said assets equal to the percentage
of the value of the real property in the entire district lying
within the area so incorporated or annexed: PROVIDED,
That if less than five percent of the area of the district is
affected, no payment shall be made to the code city except
[Title 35A RCW—page 32]
as provided in RCW 35.02.205. The fire protection district
shall provide fire protection to the incorporated or annexed
area for such period as the district continues to collect taxes
levied in such annexed or incorporated area. [1989 c 267 §
2; 1967 ex.s. c 119 § 35A.14.400.]
35A.14.410 When right of way may be included—
Use of right of way line as corporate boundary. The
boundaries of a code city arising from an annexation of
territory shall not include a portion of the right of way of
any public street, road, or highway except where the boundary runs from one edge of the right of way to the other edge
of the right of way. However, the right of way line of any
public street, road, or highway, or any segment thereof, may
be used to define a part of a corporate boundary in an
annexation proceeding. [1989 c 84 § 9.]
35A.14.500 Outstanding indebtedness not affected.
When any portion of a fire protection district is annexed by
or incorporated into a code city, any outstanding indebtedness, bonded or otherwise, shall remain an obligation of the
taxable property annexed or incorporated as if the annexation
or incorporation had not occurred. [1967 ex.s. c 119 §
35A.14.500.]
35A.14.550 Providing annexation information to
public. A code city can provide factual public information
on the effects of pending annexation proposed for the code
city. [1989 c 351 § 9.]
35A.14.700 Determining population of annexed
territory—Certificate—As basis for allocation of state
funds—Revised certificate. Whenever any territory is
annexed to a code city, a certificate as hereinafter provided
shall be submitted in triplicate to the office of financial
management within thirty days of the effective date of
annexation specified in the relevant ordinance. After
approval of the certificate, the office of financial management shall retain the original copy in its files, and transmit
the second copy to the department of transportation and
return the third copy to the code city. Such certificates shall
be in such form and contain such information as shall be
prescribed by the office of financial management. A copy
of the complete ordinance containing a legal description and
a map showing specifically the boundaries of the annexed
territory shall be attached to each of the three copies of the
certificate. The certificate shall be signed by the mayor and
attested by the city clerk. Upon request, the office of
financial management shall furnish certification forms to any
code city.
Upon approval of the annexation certificate, the office
of financial management shall forward to each state official
or department responsible for making allocations or payments to cities or towns, a revised certificate reflecting the
increase in population due to such annexation. Upon and
after the date of the commencement of the next quarterly
period, the population determination indicated in such
revised certificate shall be used as the basis for the allocation
and payment of state funds to such city or town.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
(2002 Ed.)
Annexation by Code Cities
April, July, and October. Whenever a revised certificate is
forwarded by the office of financial management thirty days
or less prior to the commencement of the next quarterly
period, the population of the annexed territory shall not be
considered until the commencement of the following quarterly period.
The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the
code city. Such population determination shall consist of an
actual enumeration of the population which shall be made in
accordance with practices and policies, and subject to the approval of the office of financial management. The population shall be determined as of the effective date of annexation as specified in the relevant ordinance.
Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be considered by the office of financial management in determining
the population of such code city. [1979 ex.s. c 18 § 28;
1979 c 151 § 35; 1975 1st ex.s. c 31 § 2; 1967 ex.s. c 119
§ 35A.14.700.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62
RCW.
35A.14.801 Road district taxes collected in annexed
territory—Disposition—Notification of annexation.
Whenever any territory is annexed to a code city which is
part of a road district of the county and road district taxes
have been levied but not collected on any property within
the annexed territory, the same shall when collected by the
county treasurer be paid to the code city and by the city
placed in the city street fund; except that road district taxes
that are delinquent before the date of annexation shall be
paid to the county and placed in the county road fund. This
section shall not apply to any special assessments due in
behalf of such property. The code city is required to provide
notification, by certified mail, that includes a list of annexed
parcel numbers, to the county treasurer and assessor at least
thirty days before the effective date of the annexation. The
county treasurer is only required to remit to the code city
those road taxes collected thirty or more days after receipt of
the notification. [2001 c 299 § 3; 1998 c 106 § 2; 1971
ex.s. c 251 § 14.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
35A.14.900 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed—Regulation of solid waste collection. The
annexation by any code city of any territory pursuant to this
chapter shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any
person, firm or corporation by the state of Washington, or by
the governing body of such annexed territory, authorizing or
otherwise permitting the operation of any public utility,
including but not limited to, public electric, water, transportation, garbage disposal or other similar public service
business or facility within the limits of the annexed territory,
but the holder of any such franchise or permit canceled
pursuant to this section shall be forthwith granted by the
annexing code city a franchise to continue such business
within the annexed territory for a term of not less than seven
(2002 Ed.)
35A.14.700
years from the date of issuance thereof, and the annexing
code city, by franchise, permit or public operation, shall not
extend similar or competing services to the annexed territory
except upon a proper showing of the inability or refusal of
such person, firm or corporation to adequately service said
annexed territory at a reasonable price: PROVIDED, That
the provisions of this section shall not preclude the purchase
by the annexing code city of said franchise, business, or
facilities at an agreed or negotiated price, or from acquiring
the same by condemnation upon payment of damages,
including a reasonable amount for the loss of the franchise
or permit. In the event that any person, firm or corporation
whose franchise or permit has been canceled by the terms of
this section shall suffer any measurable damages as a result
of any annexation pursuant to the provisions of the laws
above-mentioned, such person, firm or corporation shall have
a right of action against any code city causing such damages.
After an annexation by a code city, the utilities and
transportation commission shall continue to regulate solid
waste collection within the limits of the annexed territory
until such time as the city notifies the commission, in
writing, of its decision to contract for solid waste collection
or provide solid waste collection itself pursuant to RCW
81.77.020. In the event the annexing city at any time
decides to contract for solid waste collection or decides to
undertake solid waste collection itself, the holder of any such
franchise or permit that is so canceled in whole or in part
shall be forthwith granted by the annexing city a franchise
to continue such business within the annexed territory for a
term of not less than the remaining term of the original
franchise or permit, or not less than seven years, whichever
is the shorter period, and the city, by franchise, permit, or
public operation, shall not extend similar or competing
services to the annexed territory except upon a proper
showing of the inability or refusal of such person, firm, or
corporation to adequately service the annexed territory at a
reasonable price. Upon the effective date specified by the
code city council’s ordinance or resolution to have the code
city contract for solid waste collection or undertake solid
waste collection itself, the transition period specified in this
section begins to run. This section does not preclude the
purchase by the annexing city of the franchise, business, or
facilities at an agreed or negotiated price, or from acquiring
the same by condemnation upon payment of damages,
including a reasonable amount for the loss of the franchise
or permit. In the event that any person, firm, or corporation
whose franchise or permit has been canceled by the terms of
this section suffers any measurable damages as a result of
any annexation pursuant to this chapter, such person, firm,
or corporation has a right of action against any city causing
such damages. [1997 c 171 § 3; 1967 ex.s. c 119 §
35A.14.900.]
Severability—1997 c 171: See note following RCW 35.02.160.
35A.14.901 Application of chapter to annexations
involving water or sewer service. Nothing in this chapter
precludes or otherwise applies to an annexation by a code
city of unincorporated territory as authorized by RCW
57.24.170, 57.24.190, and 57.24.210. [1996 c 230 § 1604;
1995 c 279 § 4.]
[Title 35A RCW—page 33]
35A.14.901
Title 35A RCW: Optional Municipal Code
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
city shall be as provided in RCW 35.07.090, 35.07.100, and
35.07.110. [1967 ex.s. c 119 § 35A.15.050.]
Chapter 35A.15
DISINCORPORATION
35A.15.060 Receiver—Qualification—Bond—When
receiver may be appointed. The receiver shall qualify and
post a bond as provided in RCW 35.07.120. If an elected
receiver fails to qualify within the time prescribed, or if no
receiver has been elected and the code city does have
indebtedness or an outstanding liability, a receiver shall be
appointed in the manner provided in RCW 35.07.130 or as
provided in RCW 35.07.140. [1967 ex.s. c 119 §
35A.15.060.]
Sections
35A.15.001
35A.15.010
35A.15.020
35A.15.040
35A.15.050
35A.15.060
35A.15.070
35A.15.080
35A.15.090
35A.15.100
35A.15.110
Actions subject to review by boundary review board.
Authority for disincorporation—Petition—Resolution.
Election on disincorporation—Receiver.
Ballots—Election results.
Effect of disincorporation—Powers—Offices.
Receiver—Qualification—Bond—When receiver may be
appointed.
Duties and authority of receiver—Claims—Priority.
Compensation of receiver.
Receiver—Removal for cause—Successive appointments.
Receiver—Final account and discharge.
Involuntary dissolution.
35A.15.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.15 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 39.]
35A.15.010 Authority for disincorporation—
Petition—Resolution. Any noncharter code city may be
disincorporated. Proceedings may be initiated by the filing
with the county auditor of a petition for disincorporation
signed by a majority of the registered voters resident in such
city, or the legislative body of the city may provide by
resolution for an election on the proposition of disincorporation. [1990 c 259 § 11; 1967 ex.s. c 119 § 35A.15.010.]
Sufficiency of petition in code city: RCW 35A.01.040.
35A.15.020 Election on disincorporation—Receiver.
The legislative body shall cause the proposition of disincorporation to be submitted to the voters at the next general
municipal election if one is to be held within one hundred
and eighty days, or at a special election called for that
purpose not less than ninety days, nor more than one
hundred and eighty days, after the certification of sufficiency
of the petition, or the passage of the resolution, as the case
may be. If the code city has any indebtedness or outstanding liabilities, the legislative body shall provide for election
of a receiver at the same election. [1967 ex.s. c 119 §
35A.15.020.]
35A.15.040 Ballots—Election results. Ballot titles
shall be prepared by the city as provided in RCW
35A.29.120 and shall contain the words "For Dissolution"
and "Against Dissolution", and shall contain on separate
lines, alphabetically, the names of candidates for receiver.
If a majority of the votes cast on the proposition are for
dissolution, the municipal corporation shall be dissolved
upon certification of the election results to the office of the
secretary of state. [1994 c 223 § 39; 1967 ex.s. c 119 §
35A.15.040.]
35A.15.050 Effect of disincorporation—Powers—
Offices. The effect of disincorporation of a noncharter code
[Title 35A RCW—page 34]
35A.15.070 Duties and authority of receiver—
Claims—Priority. The duties and authority of the receiver
and the disposition and priority of claims against the former
municipality shall be as provided in RCW 35.07.150, and the
receiver shall have the rights, powers, and limitations
provided for such a receiver in RCW 35.07.160, 35.07.170,
and 35.07.180. [1967 ex.s. c 119 § 35A.15.070.]
35A.15.080 Compensation of receiver. The compensation of the receiver shall be as provided in RCW
35.07.190. [1967 ex.s. c 119 § 35A.15.080.]
35A.15.090 Receiver—Removal for cause—
Successive appointments. The receiver may be removed
for cause as provided in RCW 35.07.200 and a successor to
the receiver may be appointed as provided in RCW
35.07.210. [1967 ex.s. c 119 § 35A.15.090.]
35A.15.100 Receiver—Final account and discharge.
The receiver shall file a final account, pay remaining funds
to the county treasurer, and be discharged, all as provided in
RCW 35.07.220. [1967 ex.s. c 119 § 35A.15.100.]
35A.15.110 Involuntary dissolution. A noncharter
code city may be involuntarily dissolved in the manner
provided in RCW 35.07.230, 35.07.240, 35.07.250, and
35.07.260 upon the existence of the conditions stated in
RCW 35.07.230. [1967 ex.s. c 119 § 35A.15.110.]
Chapter 35A.16
REDUCTION OF CITY LIMITS
Sections
35A.16.001
35A.16.010
35A.16.030
35A.16.040
35A.16.050
Actions subject to review by boundary review board.
Petition or resolution for election.
Abstract of vote.
Effective date of reduction.
Recording of ordinance and plat on effective date of reduction.
35A.16.060 Effect of exclusion as to liability for indebtedness.
35A.16.070 Franchises within territory excluded.
35A.16.001 Actions subject to review by boundary
review board. Actions taken under chapter 35A.16 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 40.]
(2002 Ed.)
Reduction of City Limits
35A.16.010 Petition or resolution for election. Upon
the filing of a petition which is sufficient as determined by
RCW 35A.01.040 praying for the exclusion from the
boundaries of a code city of an area described by metes and
bounds or by reference to a recorded plat or government
survey, signed by qualified voters of the city in number
equal to not less than ten percent of the number of votes cast
at the last general municipal election, the legislative body of
the code city shall cause the question to be submitted to the
voters. As an alternate method, such a proposal for exclusion from the code city of a described area may be submitted
to the voters by resolution of the legislative body. The
question shall be submitted at the next general municipal
election if one is to be held within one hundred and eighty
days or at a special election called for that purpose not less
than ninety days nor more than one hundred and eighty days
after the certification of sufficiency of the petition or the
passage of the resolution. The petition or resolution shall set
out and describe the territory to be excluded from the code
city, together with the boundaries of the code city as it will
exist after such change is made. [1967 ex.s. c 119 §
35A.16.010.]
35A.16.030 Abstract of vote. If three-fifths of the
votes cast on the proposition favor the reduction of the
corporate limits, the county auditor shall make and transmit
to the office of the secretary of state a certified abstract of
the vote. [1994 c 223 § 40; 1967 ex.s. c 119 § 35A.16.030.]
35A.16.040 Effective date of reduction. Promptly
after the filing of the abstract of votes with the secretary of
state the legislative body shall adopt an ordinance defining
and fixing the corporate limits after excluding the area as
determined by the election. The ordinance shall also
describe the excluded territory by metes and bounds or by
reference to a recorded plat or government survey and
declare it no longer a part of the code city. [1967 ex.s. c
119 § 35A.16.040.]
35A.16.050 Recording of ordinance and plat on
effective date of reduction. Upon the effective date of the
ordinance a certified copy thereof together with a map
showing the corporate limits as altered shall be filed and
recorded in the office of the county auditor of the county in
which the code city is situated, and thereupon the boundaries
shall be as set forth therein. [1967 ex.s. c 119 §
35A.16.050.]
35A.16.060 Effect of exclusion as to liability for
indebtedness. The exclusion of an area from the boundaries
of the code city shall not exempt any real property therein
from taxation for the purpose of paying any indebtedness of
the code city existing at the time of its exclusion and the
interest thereon. [1967 ex.s. c 119 § 35A.16.060.]
35A.16.070 Franchises within territory excluded.
In regard to franchises previously granted for operation of
any public service business or facility within the territory
excluded from a code city by proceedings under this chapter,
the rights, obligations, and duties of the legislative body of
the county or other political subdivision having jurisdiction
(2002 Ed.)
35A.16.010
over such territory and of the franchise holder shall be as
provided in RCW 35.02.160, relating to inclusion of territory
by an incorporation, and such a franchise shall be canceled
and a new franchise issued by the legislative body having
jurisdiction, as therein provided. [1967 ex.s. c 119 §
35A.16.070.]
Chapter 35A.21
PROVISIONS AFFECTING ALL CODE CITIES
Sections
35A.21.010 Validity of ordinances and resolutions—Deficiencies of
form.
35A.21.020 Conflict between charter and optional code.
35A.21.030 Mandatory duties of code city officers.
35A.21.040 Merit systems.
35A.21.050 Pension and retirement systems.
35A.21.060 Garbage ordinance—Lien—Foreclosure.
35A.21.070 Office hours prescribed by ordinance.
35A.21.080 Computation of time.
35A.21.090 Jurisdiction over adjacent waters—Control of street over
tidelands.
35A.21.100 Lien for utility services.
35A.21.110 Warrants—Interest rate—Payment.
35A.21.120 Utilities—Facilities for generation of electricity.
35A.21.125 Locally regulated utilities—Attachments to poles.
35A.21.130 Codification of ordinances.
35A.21.140 Change of name.
35A.21.150 Sewerage and refuse collection and disposal systems.
35A.21.152 Solid waste collection—Rate increase notice.
35A.21.153 Solid waste collection curbside recycling—Reduced rate.
35A.21.155 Collection and transportation of recyclable materials by
recycling companies or nonprofit entities—Reuse or
reclamation—Application of chapter.
35A.21.160 General application of laws to code cities.
35A.21.161 Regulation of activities and enforcement of penal laws.
35A.21.162 Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
35A.21.164 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
35A.21.170 Fiscal year.
35A.21.180 Flags to be displayed.
35A.21.190 Daylight saving time.
35A.21.195 Actions by and against code cities.
35A.21.200 Limitation of actions.
35A.21.210 Revision of corporate boundary within street, road, or highway right of way by substituting right of way line—Not
subject to review.
35A.21.220 Insurance and workers’ compensation for offenders performing community restitution.
35A.21.230 Designation of official newspaper.
35A.21.240 Right of way donations—Credit against required improvements.
35A.21.245 Facilities and rights of way—Requirements and restrictions—Application to code cities.
35A.21.250 Building construction projects—Code city prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of
permit.
35A.21.260 Amateur radio antennas—Local regulation to conform with
federal law.
35A.21.270 Assumption of substandard water system—Limited immunity from liability.
35A.21.275 Regulation of automatic number or location identification—
Prohibited.
35A.21.280 Statement of restrictions applicable to real property.
35A.21.290 Fish enhancement project—Code city’s liability.
[Title 35A RCW—page 35]
Chapter 35A.21
Title 35A RCW: Optional Municipal Code
35A.21.300 Rail fixed guideway system—Safety and security program
plan.
35A.21.310 Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
35A.21.320 Abandoned or derelict vessels.
Demonstration Cities and Metropolitan Development Act—Authority of
cities to contract with federal government: RCW 35.21.660.
Disturbances at state penal facilities—Local participation and reimbursement: Chapter 72.02 RCW.
Fire protection, ambulance or other emergency services provided by
municipal corporation within county—Financial and other assistance
by county authorized: RCW 36.32.470.
Limitation on penalty for act constituting a crime under state law: RCW
35.21.163.
Local adopt-a-highway programs: RCW 47.40.105.
Transfer of real property or contract for use for park and recreational
purposes: RCW 39.33.060.
35A.21.010 Validity of ordinances and resolutions—
Deficiencies of form. Deficiencies in the form of an
ordinance or resolution shall not affect the validity thereof if
the following requirements are met:
(1) The purpose and intent of the ordinance or resolution are clear.
(2) Any regulatory or procedural provisions thereof are
expressed in clear and unambiguous terms, or the legislative
intent can be determined by usual methods of judicial
construction.
(3) The legislative action was taken at an authorized
public meeting held within the code city limits at a time and
place made known to residents of the city, as provided by
law.
(4) The legislative body of the code city followed the
prescribed procedures, if any, for passage of such an
ordinance or resolution, as provided in the law or charter
provision delegating to the legislative body the authority to
so legislate; or, if prescribed procedures were not strictly
complied with, no substantial detriment was incurred by any
affected person, by reason of such irregularity.
If the foregoing requirements have been met, brevity or
awkwardness of language, or defects of form not going to
the substance, or inadvertent use of an incorrect or inaccurate proper name or term shall not render an ordinance or
resolution invalid, if otherwise in compliance with law.
[1967 ex.s. c 119 § 35A.21.010.]
35A.21.020 Conflict between charter and optional
code. This optional municipal code is intended to be a
general law, available to all cities and towns within the state,
and to all legal intents and purposes a "general law" within
the meaning of Article 11, section 10 of the state Constitution, as amended.
If any provision of this title is in conflict with any
provision of the charter or amendments thereto of any
charter code city, the provisions of this title shall govern and
control, except where the legislative body of such charter
code city, by ordinance, elects to retain such charter provision or amendment, in which event such charter provision
shall prevail notwithstanding a conflict with provisions of
this optional code: PROVIDED, That such ordinance shall
be subject to referendum as provided in RCW 35A.29.170.
[1967 ex.s. c 119 § 35A.21.020.]
[Title 35A RCW—page 36]
35A.21.030 Mandatory duties of code city officers.
Except as otherwise provided in this title, every officer of a
code city shall perform, in the manner provided, all duties of
his office which are imposed by state law on officers of
every other class of city who occupy a like position and
perform like functions. [1967 ex.s. c 119 § 35A.21.030.]
35A.21.040 Merit systems. Provisions for a merit
system, made by charter or ordinance of a code city, shall be
in compliance with any applicable statutes relating to civil
service for employees of such city: PROVIDED, That
nothing herein shall impair the validity of charter provisions
adopted prior to the effective date of this title and relating to
a merit system. [1967 ex.s. c 119 § 35A.21.040.]
35A.21.050 Pension and retirement systems.
Nothing in this title shall be construed to alter or affect
vested rights of city employees under pension and retirement
systems in effect at the time this title becomes effective.
[1967 ex.s. c 119 § 35A.21.050.]
35A.21.060 Garbage ordinance—Lien—Foreclosure.
A garbage ordinance of a code city may contain the provisions authorized by RCW 35.21.130. Notice shall be given
of a lien for garbage collection and disposal service, the lien
shall have priority and be foreclosed all as provided in RCW
35.21.140 and 35.21.150. [1967 ex.s. c 119 § 35A.21.060.]
35A.21.070 Office hours prescribed by ordinance.
All code city offices shall be kept open for the transaction of
business during such days and hours as the legislative body
of such city shall by ordinance prescribe. [1967 ex.s. c 119
§ 35A.21.070.]
35A.21.080 Computation of time. When, under the
provisions of this title, an act is to be done within a certain
time period, the time shall be computed by excluding the
first day and including the last, except that when the last day
is a Saturday, Sunday, or a day designated by RCW 1.16.050
or by the city’s ordinances as a holiday, then it also is
excluded and the act must be completed on the next business
day. [1967 ex.s. c 119 § 35A.21.080.]
35A.21.090 Jurisdiction over adjacent waters—
Control of street over tidelands. The legislative body of
a code city shall have supervision and control within its
corporate limits of streets over tidelands or upon or across
tide and shore lands of the first class as provided in RCW
35.21.230, 35.21.240 and 35.21.250; and shall have jurisdiction over adjacent waters as provided in RCW 35.21.160.
[1967 ex.s. c 119 § 35A.21.090.]
35A.21.100 Lien for utility services. Code cities
owning or operating waterworks or electric light distribution
or power plants shall have a lien for such utility services as
provided by RCW 35.21.290 for cities owning such plants
and as limited therein, which lien may be enforced only as
provided in RCW 35.21.300. [1967 ex.s. c 119 §
35A.21.100.]
(2002 Ed.)
Provisions Affecting all Code Cities
35A.21.110 Warrants—Interest rate—Payment.
Code city warrants shall draw interest, be paid, and called
for all as provided in RCW 35.21.320 and the duty and
liability of the treasurer of a code city in calling and paying
warrants of the city shall be as provided in RCW 35.21.320.
[1967 ex.s. c 119 § 35A.21.110.]
35A.21.120 Utilities—Facilities for generation of
electricity. Any code city owning and operating a public
utility and having facilities and/or land for the generation of
electricity shall be governed by the provisions of RCW
35.21.420 through 35.21.450. [1967 ex.s. c 119 §
35A.21.120.]
35A.21.125 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of
carrying electronic impulses or light waves for the carrying
of intelligence for telecommunications or television, including, but not limited to cable, and any related device,
apparatus, or auxiliary equipment upon any pole owned or
controlled in whole or in part by one or more locally
regulated utilities where the installation has been made with
the necessary consent.
(b) "Locally regulated utility" means a code city owning
and operating an electric utility not subject to rate or service
regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may
not arbitrarily differentiate among or between similar classes
of persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and
sufficient. A locally regulated utility shall levy attachment
space rental rates that are uniform for the same class of
service within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation
commission any authority to exercise jurisdiction over
locally regulated utilities. [1996 c 32 § 4.]
35A.21.130 Codification of ordinances. Compilation,
codification, and revision of code city ordinances shall be as
provided by and be governed by the provisions of RCW
35.21.500 through 35.21.570. [1967 ex.s. c 119 §
35A.21.130.]
35A.21.140 Change of name. Any code city may
change its name in accordance with the procedure provided
in chapter 35.62 RCW. [1967 ex.s. c 119 § 35A.21.140.]
35A.21.150 Sewerage and refuse collection and
disposal systems. The general law as contained in, but not
limited to, chapter 35.67 RCW, relating to sewerage systems
and the collection and disposal of refuse, the manner of
providing therefor, and the issuance of general obligation or
revenue bonds therefor, the establishment of a revenue bond
fund in connection therewith, compulsory connection with a
city sewer system, setting and collection of rates, fees, and
charges therefor, and the existence, enforcement, and
(2002 Ed.)
35A.21.110
foreclosure of a lien for sewer services is hereby recognized
as applicable to code cities operating systems of sewerage
and systems and plants for refuse collection and disposal. A
code city may exercise the powers, in the manner provided,
perform the duties, and shall have the rights and obligations
provided in chapter 35.67 RCW, subject to the conditions
and limitations therein provided. [1967 ex.s. c 119 §
35A.21.150.]
35A.21.152 Solid waste collection—Rate increase
notice. (1) A city that contracts for the collection of solid
waste, or provides for the collection of solid waste directly,
shall notify the public of each proposed rate increase for a
solid waste handling service. The notice may be mailed to
each affected ratepayer or published once a week for two
consecutive weeks in a newspaper of general circulation in
the collection area. The notice shall be available to affected
ratepayers at least forty-five days prior to the proposed
effective date of the rate increase.
(2) For purposes of this section, "solid waste handling"
has the same meaning as provided in RCW 70.95.030.
[1994 c 161 § 3.]
Findings—Declaration—1994 c 161: See note following RCW
35.21.157.
35A.21.153 Solid waste collection curbside recycling—Reduced rate. (1) Each city or town providing by
ordinance or resolution a reduced solid waste collection rate
to residents participating in a residential curbside recycling
program implemented under RCW 70.95.090, may provide
a similar reduced rate to residents participating in any other
recycling program, if such program is approved by the
jurisdiction. Nothing in this section shall be interpreted to
reduce the authority of a city to adopt ordinances under
RCW 35.21.130(1).
(2) For the purposes of this section, "reduced rate"
means a residential solid waste collection rate incorporating
a rebate, refund, or discount. Reduced rate shall not include
residential solid waste collection rate based on the volume or
weight of solid waste set out for collection. [1991 c 319 §
405.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
35A.21.155 Collection and transportation of recyclable materials by recycling companies or nonprofit
entities—Reuse or reclamation—Application of chapter.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a
commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for
transportation of such material to a recycler for reuse or
reclamation. [1989 c 431 § 35.]
Severability—1989 c 431: See RCW 70.95.901.
35A.21.160 General application of laws to code
cities. A code city organized or reorganized under this title
[Title 35A RCW—page 37]
35A.21.160
Title 35A RCW: Optional Municipal Code
shall have all of the powers which any city of any class may
have and shall be governed in matters of state concern by
statutes applicable to such cities in connection with such
powers to the extent to which such laws are appropriate and
are not in conflict with the provisions specifically applicable
to code cities. [1967 ex.s. c 119 § 35A.21.160.]
35A.21.161 Regulation of activities and enforcement
of penal laws. All code cities shall observe and enforce, in
addition to its local regulations, the provisions of state laws
relating to the conduct, location and limitation on activities
as regulated by state law and shall supply police information
to the section on identification of the state patrol as required
by chapter 43.43 RCW. [1983 c 3 § 59; 1967 ex.s. c 119 §
35A.21.161.]
35A.21.162 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
35A.21.164 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.21.170 Fiscal year. The fiscal year of a code
city shall commence on the first day of January and end on
the thirty-first day of December of each calendar year unless
a different fiscal period is authorized by RCW 1.16.030, as
amended. [1967 ex.s. c 119 § 35A.21.170.]
35A.21.180 Flags to be displayed. The flag of the
United States and the flag of the state shall be prominently
installed and displayed and maintained in code city buildings
and shall be as provided in RCW 1.20.010. [1967 ex.s. c
119 § 35A.21.180.]
ing bodies of a county and any code city located therein may
by agreement revise any part of the corporate boundary of
the city which coincides with the centerline, edge, or any
portion of a public street, road or highway right of way by
substituting therefor a right of way line of the same public
street, road or highway so as fully to include or fully to exclude that segment of the public street, road or highway
from the corporate limits of the city.
(2) The revision of a corporate boundary as authorized
by this section shall become effective when approved by
ordinance of the city council and by ordinance or resolution
of the county legislative authority. Such a boundary revision
is not subject to potential review by a boundary review
board. [1989 c 84 § 11; 1975 1st ex.s. c 220 § 18.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Boundary line adjustment: RCW 35.13.300 through 35.13.330.
Use of right of way line as corporate boundary in incorporation proceeding—When right of way may be included in territory to be incorporated: RCW 35.02.170.
When right of way may be included in territory to be annexed—Use of right
of way line as corporate boundary in annexation: RCW 35A.14.410.
35A.21.220 Insurance and workers’ compensation
for offenders performing community restitution. The
legislative authority of a code city may purchase liability
insurance in an amount it deems reasonable to protect the
code city, its officers, and employees against liability for the
wrongful acts of offenders or injury or damage incurred by
offenders in the course of court-ordered community restitution, and may elect to treat offenders as employees and/or
workers under Title 51 RCW. [2002 c 175 § 31; 1984 c 24
§ 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community
restitution: RCW 51.12.045.
35A.21.190 Daylight saving time. No code city shall
adopt any provision for the observance of daylight saving
time other than as authorized by RCW 1.20.050 and
1.20.051. [1967 ex.s. c 119 § 35A.21.190.]
35A.21.230 Designation of official newspaper. Each
code city shall designate an official newspaper by resolution.
The newspaper shall be of general circulation in the city and
have the qualifications prescribed by chapter 65.16 RCW.
[1985 c 469 § 102.]
35A.21.195 Actions by and against code cities. A
code city may exercise the power to bring an action or
special proceeding at law as authorized by Title 4 RCW,
chapters 7.24, 7.25, and 6.27 RCW, and shall be subject to
actions and process of law in accordance with procedures
prescribed by law and rules of court. [1987 c 442 § 1117;
1983 c 3 § 58; 1967 ex.s. c 119 § 35A.20.150. Formerly
RCW 35A.20.150.]
35A.21.240 Right of way donations—Credit against
required improvements. Where the zoning and planning
provisions of a city or town require landscaping, parking, or
other improvements as a condition to granting permits for
commercial or industrial developments, the city or town may
credit donations of right of way in excess of that required for
traffic improvement against such landscaping, parking, or
other requirements. [1987 c 267 § 8.]
35A.21.200 Limitation of actions. The limitations
prescribed in chapter 4.16 RCW shall apply to actions
brought in the name or for the benefit of, or against, a code
city, except as otherwise provided by general law or by this
title. [1967 ex.s. c 119 § 35A.21.200.]
35A.21.210 Revision of corporate boundary within
street, road, or highway right of way by substituting
right of way line—Not subject to review. (1) The govern[Title 35A RCW—page 38]
Severability—1987 c 267: See RCW 47.14.910.
Right of way donations: Chapter 47.14 RCW.
35A.21.245 Facilities and rights of way—
Requirements and restrictions—Application to code
cities. Each code city is subject to the requirements and
restrictions regarding facilities and rights of way under *this
chapter. [2000 c 83 § 10.]
*Reviser’s note: A reference to chapter 35.99 RCW was apparently
intended.
(2002 Ed.)
Provisions Affecting all Code Cities
"Facilities," "right of way" defined: RCW 35.99.010.
35A.21.250 Building construction projects—Code
city prohibited from requiring state agencies or local
governments to provide bond or other security as a
condition for issuance of permit. A code city may not
require any state agency or unit of local government to
secure the performance of a permit requirement with a surety
bond or other financial security device, including cash or
assigned account, as a condition of issuing a permit to that
unit of local government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access
alteration, or other amenities or alterations necessarily
associated with the project. [1993 c 439 § 2.]
35A.21.260 Amateur radio antennas—Local regulation to conform with federal law. No code city shall enact
or enforce an ordinance or regulation that fails to conform to
the limited preemption entitled "Amateur Radio Preemption,
101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a
code city with respect to amateur radio antennas shall
conform to the limited federal preemption, that states local
regulations that involve placement, screening, or height of
antennas based on health, safety, or aesthetic considerations
must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation
to accomplish the local authority’s legitimate purpose. [1994
c 50 § 2.]
Effective date—1994 c 50: See note following RCW 35.21.315.
35A.21.270 Assumption of substandard water
system—Limited immunity from liability. A code city
assuming responsibility for a water system that is not in
compliance with state or federal requirements for public
drinking water systems, and its agents and employees, are
immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public
drinking water systems, which predate the date of assuming
responsibility and continue after the date of assuming
responsibility, provided that the city has submitted and is
complying with a plan and schedule of improvements
approved by the department of health. This immunity shall
expire on the earlier of the date the plan of improvements is
completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries,
fraud, or bad faith. [1994 c 292 § 6.]
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
35A.21.275 Regulation of automatic number or
location identification—Prohibited. No code city may
enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a
provider of private shared telecommunications services.
[1995 c 243 § 7.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
(2002 Ed.)
35A.21.245
35A.21.280 Statement of restrictions applicable to
real property. (1) A property owner may make a written
request for a statement of restrictions applicable to a single
parcel, tract, lot, or block of real property to the code city in
which the real property is located.
(2) Within thirty days of the receipt of the request, the
code city shall provide the owner, by registered mail, with
a statement of restrictions as described in subsection (3) of
this section.
(3) The statement of restrictions shall include the
following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for
public hearing that would be applicable to the real property;
(c) Any designations made by the code city pursuant to
chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area,
a frequently flooded area, and as a geological hazardous
area; and
(d) If information regarding the designations listed in (c)
of this subsection are not readily available, inform the owner
of the procedure by which the owner can obtain that sitespecific information from the code city.
(4) If a code city fails to provide the statement of
restrictions within thirty days after receipt of the written
request, the owner shall be awarded recovery of all
attorneys’ fees and costs incurred in any successful application for a writ of mandamus to compel production of a
statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate
contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block:
(i) Containing a single-family residence that is occupied by
the owner or a member of his or her family, or rented to
another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any
liability on the part of a code city. [1996 c 206 § 7.]
Effective date—1996 c 206 §§ 6-8: See note following RCW
35.21.475.
Findings—1996 c 206: See note following RCW 43.05.030.
35A.21.290 Fish enhancement project—Code city’s
liability. A code city is not liable for adverse impacts
resulting from a fish enhancement project that meets the
criteria of *RCW 75.20.350 and has been permitted by the
department of fish and wildlife. [1998 c 249 § 10.]
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
35A.21.300 Rail fixed guideway system—Safety and
security program plan. (1) Each code city that owns or
operates a rail fixed guideway system as defined in RCW
81.104.015 shall submit a system safety and security
program plan for that guideway to the state department of
[Title 35A RCW—page 39]
35A.21.300
Title 35A RCW: Optional Municipal Code
transportation by September 1, 1999, or at least three months
before beginning operations or instituting revisions to its
plan. This plan must describe the code city’s procedures for
(a) reporting and investigating reportable accidents, unacceptable hazardous conditions, and security breaches, (b)
submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and
security reviews by the state department of transportation,
and (d) addressing passenger and employee security. The
plan must, at a minimum, conform to the standards adopted
by the state department of transportation. If required by the
department, the code city shall revise its plan to incorporate
the department’s review comments within sixty days after
their receipt, and resubmit its revised plan for review.
(2) Each code city shall implement and comply with its
system safety and security program plan. The code city
shall perform internal safety and security audits to evaluate
its compliance with the plan, and submit its audit schedule
to the department of transportation no later than December
15th each year. The code city shall prepare an annual report
for its internal safety and security audits undertaken in the
prior year and submit it to the department no later than
February 15th. This annual report must include the dates the
audits were conducted, the scope of the audit activity, the
audit findings and recommendations, the status of any
corrective actions taken as a result of the audit activity, and
the results of each audit in terms of the adequacy and
effectiveness of the plan.
(3) Each code city shall notify the department of
transportation within twenty-four hours of an occurrence of
a reportable accident, unacceptable hazardous condition, or
security breach. The department may adopt rules further
defining a reportable accident, unacceptable hazardous
condition, or security breach. The code city shall investigate
all reportable accidents, unacceptable hazardous conditions,
or security breaches and provide a written investigation
report to the department within forty-five calendar days after
the reportable accident, unacceptable hazardous condition, or
security breach.
(4) The security section of the safety and security plan
required in subsection (1)(d) of this section is exempt from
public disclosure under chapter 42.17 RCW. However, the
activities and plans as described in subsections (1)(a), (b),
and (c), (2), and (3) of this section are not subject to this
exemption. [1999 c 202 § 2.]
Effective date—1999 c 202: See note following RCW 35.21.228.
35A.21.310 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A code city shall transmit a copy of any
permit issued to a tenant or the tenant’s agent for a mobile
home, manufactured home, or park model installation in a
mobile home park to the landlord.
(2) A code city shall transmit a copy of any permit
issued to a person engaged in the business of moving or
installing a mobile home, manufactured home, or park model
in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
[Title 35A RCW—page 40]
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 19.]
Effective date—1999 c 359: See RCW 59.20.901.
35A.21.320 Abandoned or derelict vessels. (Effective January 1, 2003.) A code city has the authority, subject
to the processes and limitation outlined in chapter 79.100
RCW, to store, strip, use, auction, sell, salvage, scrap, or
dispose of an abandoned or derelict vessel found on or above
publicly or privately owned aquatic lands within the jurisdiction of the code city. [2002 c 286 § 16.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
Chapter 35A.24
AERONAUTICS
Sections
35A.24.010 Airport operation, planning and zoning.
35A.24.010 Airport operation, planning and zoning.
A code city may exercise the powers relating to airport
planning and zoning, improvement and operation as authorized by chapters 14.07, 14.08, and 14.12 RCW and chapter
35A.63 RCW of this title in accordance with the procedures
therein prescribed. [1967 ex.s. c 119 § 35A.24.010.]
Chapter 35A.27
LIBRARIES, MUSEUMS AND
HISTORICAL ACTIVITIES
Sections
35A.27.010 General laws applicable.
35A.27.010 General laws applicable. Every code
city may exercise the powers relating to the acquisition,
development, improvement and operation of libraries and
museums and the preservation of historical materials to the
same extent authorized by general law for cities of any class,
including, but not limited to, the authority for city libraries
granted by RCW 35.22.280, the power to acquire and
operate art museums, auditoriums, and other facilities as
authorized by RCW 35.21.020, to participate in the establishment of regional libraries, and to contract for library service
for public libraries with county, intercounty, and rural library
districts, and for regional libraries as authorized by chapter
27.12 RCW, to have a county law library or branch thereof
generally under the provisions of chapter 27.24 RCW, to
preserve historical materials, markers, graves and records as
provided in chapters 27.48 and 27.34 RCW, and to expend
municipal funds thereon. [1985 c 7 § 101; 1983 c 3 § 60;
1967 ex.s. c 119 § 35A.27.010.]
(2002 Ed.)
Schools
Chapter 35A.28
SCHOOLS
Sections
35A.28.010 General laws applicable.
35A.28.010 General laws applicable. Code cities
shall have the authority to enter into contracts for joint
acquisition of land and improvement thereof with school
districts. Code cities and their relationship with public
schools, colleges and school districts shall be governed by
the provisions of general law, including Titles 28A and 28B
RCW. Each code city shall be contained within one school
district except as may be otherwise provided in *RCW
28A.315.250. [1983 c 3 § 61; 1967 ex.s. c 119 §
35A.28.010.]
*Reviser’s note: RCW 28A.315.250 was repealed by 1999 c 315 §
801.
Chapter 35A.29
MUNICIPAL ELECTIONS IN CODE CITIES
Sections
35A.29.120
35A.29.130
35A.29.151
35A.29.170
Ballot titles.
Notice of ballot title—Appeal.
Conduct of elections.
Initiative and referendum petitions—Suspension of effectiveness of legislative action.
35A.29.180 Recall.
35A.29.120 Ballot titles. When any question is to be
submitted to the voters of a code city, or when a proposition
is to be submitted to the voters of an area under provisions
of this title, the question or proposition shall be advertised as
provided for nominees for office, and in such cases there
shall also be printed on the ballot a ballot title for the
question or proposition in the form applicable under RCW
*29.79.055, **29.27.060, 82.14.036, 82.46.021, or 82.80.090
or as otherwise expressly required by state law. The ballot
title shall be prepared by the attorney for the code city, or as
specified in **RCW 29.27.060 for elections held outside of
a code city. [1993 c 256 § 13; 1979 ex.s. c 18 § 31; 1967
ex.s. c 119 § 35A.29.120.]
Reviser’s note: *(1) RCW 29.79.055 was recodified as RCW
29.27.066 pursuant to 2000 c 197 § 16.
**(2) RCW 29.27.060 was repealed by 2000 c 197 § 15.
Severability—Effective date—1993 c 256: See notes following
RCW 29.79.500.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.29.130 Notice of ballot title—Appeal. Upon the
filing of a ballot title as defined in RCW 35A.29.120, the
county auditor shall forthwith notify the persons proposing
the measure of the exact language of the ballot title. If the
persons filing any local question covered by RCW
35A.29.120 are dissatisfied with the ballot title formulated
by the attorney for the code city or by the county prosecuting attorney, they may appeal to the superior court of the
county where the question is to appear on the ballot, as
provided in RCW 29.27.067. [1967 ex.s. c 119 §
35A.29.130.]
(2002 Ed.)
Chapter 35A.28
35A.29.151 Conduct of elections. Elections for code
cities shall comply with general election law. [1994 c 223
§ 41.]
35A.29.170 Initiative and referendum petitions—
Suspension of effectiveness of legislative action. Initiative
and referendum petitions authorized to be filed under
provisions of this title, or authorized by charter, or authorized for code cities having the commission form of government as provided by chapter 35.17 RCW, shall be in
substantial compliance with the provisions of RCW
35A.01.040 as to form and content of the petition, insofar as
such provisions are applicable; shall contain a true copy of
a resolution or ordinance sought to be referred to the voters;
and must contain valid signatures of registered voters of the
code city in the number required by the applicable provision
of this title. Except when otherwise provided by statute,
referendum petitions must be filed with the clerk of the
legislative body of the code city within ninety days after the
passage of the resolution or ordinance sought to be referred
to the voters, or within such lesser number of days as may
be authorized by statute or charter in order to precede the
effective date of an ordinance: PROVIDED, That nothing
herein shall be construed to abrogate or affect an exemption
from initiative and/or referendum provided by a code city
charter. The clerk shall transmit the petition to the county
auditor who shall determine the sufficiency of the petition
under the rules set forth in RCW 35A.01.040. When a
referendum petition is filed with the clerk, the legislative
action sought to be referred to the voters shall be suspended
from taking effect. Such suspension shall terminate when:
(1) There is a final determination of insufficiency or untimeliness of the referendum petition; or (2) the legislative action
so referred is approved by the voters at a referendum election. [1996 c 286 § 8; 1967 ex.s. c 119 § 35A.29.170.]
35A.29.180 Recall. Elective officers of code cities
may be recalled in the manner provided in chapter 29.82
RCW. [1967 ex.s. c 119 § 35A.29.180.]
Chapter 35A.31
ACCIDENT CLAIMS AND FUNDS
Sections
35A.31.010 Claims—Statement of residence required—Time for filing—
Verification.
35A.31.020 Liberal construction.
35A.31.030 Report—Manner of filing.
35A.31.050 Charter code cities—Provisions cumulative.
35A.31.060 Accident fund—Warrants for judgments.
35A.31.070 Tax levy for fund.
35A.31.080 Surplus to general fund.
35A.31.010 Claims—Statement of residence required—Time for filing—Verification. Claims for damages sounding in tort against any code city shall be presented
and filed within the time, in the manner and by the person
prescribed in RCW 4.96.020. [1967 ex.s. c 119 §
35A.31.010.]
[Title 35A RCW—page 41]
35A.31.020
Title 35A RCW: Optional Municipal Code
35A.31.020 Liberal construction. With respect to the
content of such claims the provisions of RCW 4.96.020 shall
be liberally construed so that substantial compliance will be
deemed satisfactory. [1967 ex.s. c 119 § 35A.31.020.]
35A.31.030 Report—Manner of filing. No ordinance
or resolution shall be passed allowing such claim or any part
thereof, or appropriating any money or other property to pay
or satisfy the same or any part thereof, until the claim has
first been referred to the proper department or committee,
nor until such department or committee has made its report
thereon to the legislative body of the code city pursuant to
such reference.
No action shall be maintained against any code city for
any claim for damages until the claim has been filed in the
manner set forth in chapter 4.96 RCW. [1993 c 449 § 9;
1967 ex.s. c 119 § 35A.31.030.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
35A.31.050 Charter code cities—Provisions cumulative. Nothing herein shall be construed as in anywise
modifying, limiting, or repealing any valid provision of the
charter of any charter code city relating to such claims for
damages, except when in conflict herewith, but the provisions hereof shall be in addition to such charter provisions,
and such claims for damages, in all other respects, shall
conform to and comply with such charter provisions. [1967
ex.s. c 119 § 35A.31.050.]
35A.31.060 Accident fund—Warrants for judgments. Every code city may create an accident fund upon
which the clerk shall draw warrants for the full amount of
any judgment including interest and costs against the city on
account of personal injuries suffered by any person as shown
by a transcript of the judgment duly certified to the clerk.
Warrants issued for such purpose shall be in denominations
not less than one hundred dollars nor more than five hundred
dollars; they shall draw interest at the rate of six percent per
annum, shall be numbered consecutively and be paid in the
order of their issue. [1967 ex.s. c 119 § 35A.31.060.]
35A.31.070 Tax levy for fund. The legislative body
of the code city, after the drawing of warrants against the
accident fund, shall estimate the amount necessary to pay the
warrant with accrued interest thereon and may appropriate
and transfer money from the contingency fund sufficient
therefor, or if there is not sufficient money in the contingency fund the legislative body shall levy a tax sufficient to pay
all or such unpaid portion of any judgment not exceeding
seventy-five cents per thousand dollars of assessed value. If
a single levy of seventy-five cents per thousand dollars of
assessed value is not sufficient, and if other moneys are not
available therefor, an annual levy of seventy-five cents per
thousand dollars of assessed value shall be made until the
warrants and interest are fully paid. [1973 1st ex.s. c 195 §
27; 1967 ex.s. c 119 § 35A.31.070.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
[Title 35A RCW—page 42]
35A.31.080 Surplus to general fund. If there is no
judgment outstanding against the city for personal injuries,
the money remaining in the accident fund after the payment
of the warrants drawn on that fund and interest in full shall
be transferred to the general fund. [1967 ex.s. c 119 §
35A.31.080.]
Chapter 35A.33
BUDGETS IN CODE CITIES
Sections
35A.33.010
35A.33.020
35A.33.030
35A.33.040
35A.33.050
35A.33.052
35A.33.055
35A.33.060
35A.33.070
35A.33.075
35A.33.080
35A.33.090
35A.33.100
35A.33.102
35A.33.105
35A.33.110
35A.33.120
35A.33.122
35A.33.125
35A.33.130
35A.33.135
35A.33.140
35A.33.145
35A.33.146
35A.33.150
35A.33.160
Definitions.
Applicability of chapter.
Budget estimates.
Classification and segregation of budget estimates.
Proposed preliminary budget.
Preliminary budget.
Budget message—Preliminary hearings.
Budget—Notice of hearing on final.
Budget—Hearing.
Budget adoption.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payments.
Registered warrants—Appropriations.
Adjustment of wages, etc., of employees permissible budget
notwithstanding.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—
Reimbursement from utility budget authorized.
Limitation on expenditures—Void.
Funds received from sales of bonds and warrants—
Expenditures.
Levy for ad valorem tax.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35A.33.010 Definitions. Unless the context clearly
indicates otherwise, the following words as used in this
chapter shall have the meaning herein prescribed:
(1) "Clerk" as used in this chapter includes the officer
performing the functions of a finance or budget director,
comptroller, auditor, or by whatever title he may be known
in any code city.
(2) "Department" as used in this chapter includes each
office, division, service, system or institution of the city for
which no other statutory or charter provision is made for
budgeting and accounting procedures or controls.
(3) "Council" as used in this chapter includes the
commissioners in cities having a commission form of
government and any other group of city officials serving as
the legislative body of a code city.
(4) "Chief administrative officer" as used in this chapter
includes the mayor of cities having a mayor-council form of
government, the commissioners in cities having a commission form of government, the city manager, or any other city
official designated by the charter or ordinances of such city
under the plan of government governing the same, or the
budget or finance officer designated by the mayor, manager
or commissioners, to perform the functions, or portions
thereof, contemplated by this chapter.
(2002 Ed.)
Budgets in Code Cities
(5) "Fiscal year" as used in this chapter means that
fiscal period set by the code city pursuant to authority given
under RCW 1.16.030.
(6) "Fund", as used in this chapter and "funds" where
clearly used to indicate the plural of "fund", shall mean the
budgeting or accounting entity authorized to provide a sum
of money for specified activities or purposes.
(7) "Funds" as used in this chapter where not used to
indicate the plural of "fund" shall mean money in hand or
available for expenditure or payment of a debt or obligation.
(8) Except as otherwise defined herein, municipal
accounting terms used in this chapter have the meaning
prescribed in "Governmental Accounting, Auditing and
Financial Reporting" prepared by the National Committee on
Governmental Accounting, 1968. [1969 ex.s. c 81 § 2; 1967
ex.s. c 119 § 35A.33.010.]
Effective date—1969 ex.s. c 81: See note following RCW
35A.13.035.
35A.33.020 Applicability of chapter. The provisions
of this chapter apply to all code cities except those which
have adopted an ordinance under RCW 35A.34.040 providing for a biennial budget. In addition, this chapter shall not
apply to any municipal utility or enterprise for which
separate budgeting provisions are made by general state law.
[1985 c 175 § 33; 1967 ex.s. c 119 § 35A.33.020.]
35A.33.030 Budget estimates. On or before the
second Monday of the fourth month prior to the beginning
of the city’s next fiscal year, or at such other time as the city
may provide by ordinance or charter, the clerk shall notify
in writing the head of each department of a code city to file
with the clerk within fourteen days of the receipt of such
notification, detailed estimates of the probable revenue from
sources other than ad valorem taxation and of all expenditures required by his or her department for the ensuing
fiscal year. The notice shall be accompanied by the proper
forms provided by the clerk, prepared in accordance with the
requirements and classification established by the state
auditor. The clerk shall prepare the estimates for interest
and debt redemption requirements and all other estimates,
the preparation of which falls properly within the duties of
his or her office. The chief administrative officers of the
city shall submit to the clerk detailed estimates of all
expenditures proposed to be financed from the proceeds of
bonds or warrants not yet authorized, together with a
statement of the proposed method of financing them. In the
absence or disability of the official or person regularly in
charge of a department, the duties herein required shall
devolve upon the person next in charge of such department.
[1995 c 301 § 51; 1967 ex.s. c 119 § 35A.33.030.]
35A.33.040 Classification and segregation of budget
estimates. All estimates of receipts and expenditures for the
ensuing year shall be fully detailed in the annual budget and
shall be classified and segregated according to a standard
classification of accounts to be adopted and prescribed by
the state auditor after consultation with the Washington
finance officers association, the association of Washington
cities and the association of Washington city managers.
[1995 c 301 § 52; 1967 ex.s. c 119 § 35A.33.040.]
(2002 Ed.)
35A.33.010
35A.33.050 Proposed preliminary budget. On or
before the first business day in the third month prior to the
beginning of the fiscal year of a code city or at such other
time as the city may provide by ordinance or charter, the
clerk or other person designated by the charter, by ordinances, or by the chief administrative officer of the city shall
submit to the chief administrative officer a proposed preliminary budget which shall set forth the complete financial
program of the city for the ensuing fiscal year, showing the
expenditure program requested by each department and the
sources of revenue by which each such program is proposed
to be financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last
completed fiscal year, the estimated receipts for the current
fiscal year and the estimated receipts for the ensuing fiscal
year, which shall include the amount to be raised from ad
valorem taxes and unencumbered fund balances estimated to
be available at the close of the current fiscal year.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department
operating within each fund the actual expenditures for the
last completed fiscal year, the appropriations for the current
fiscal year and the estimated expenditures for the ensuing
fiscal year. The salary or salary range for each office,
position or job classification shall be set forth separately
together with the title or position designation thereof:
PROVIDED, That salaries may be set out in total amounts
under each department if a detailed schedule of such salaries
and positions be attached to and made a part of the budget
document. [1967 ex.s. c 119 § 35A.33.050.]
35A.33.052 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or addition to the reports of the
department heads deemed advisable by such chief administrative officer and at least sixty days before the beginning of
the city’s next fiscal year he shall file it with the city clerk
as the recommendation of the chief administrative officer for
the final budget. The clerk shall provide a sufficient number
of copies of such preliminary budget and budget message to
meet the reasonable demands of taxpayers therefor and have
them available for distribution not later than six weeks
before the beginning of the city’s next fiscal year. [1967
ex.s. c 119 § 35A.33.052.]
35A.33.055 Budget message—Preliminary hearings.
In every code city a budget message prepared by or under
the direction of the city’s chief administrative officer shall be
submitted as a part of the preliminary budget to the city’s
legislative body at least sixty days before the beginning of
the city’s next fiscal year and shall contain the following:
(1) An explanation of the budget document;
(2) An outline of the recommended financial policies
and programs of the city for the ensuing fiscal year;
(3) A statement of the relation of the recommended
appropriation to such policies and programs;
(4) A statement of the reason for salient changes from
the previous year in appropriation and revenue items;
(5) An explanation for any recommended major changes
in financial policy.
[Title 35A RCW—page 43]
35A.33.055
Title 35A RCW: Optional Municipal Code
Prior to the final hearing on the budget, the legislative
body or a committee thereof, shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1967 ex.s. c 119 § 35A.33.055.]
35A.33.060 Budget—Notice of hearing on final.
Immediately following the filing of the preliminary budget
with the clerk, the clerk shall publish a notice once each
week for two consecutive weeks stating that the preliminary
budget for the ensuing fiscal year has been filed with the
clerk, that a copy thereof will be furnished to any taxpayer
who will call at the clerk’s office therefor and that the
legislative body of the city will meet on or before the first
Monday of the month next preceding the beginning of the
ensuing fiscal year for the purpose of fixing the final budget,
designating the date, time and place of the legislative budget
meeting and that any taxpayer may appear thereat and be
heard for or against any part of the budget. The publication
of the notice shall be made in the official newspaper of the
city. [1985 c 469 § 43; 1973 c 67 § 1; 1967 ex.s. c 119 §
35A.33.060.]
35A.33.070 Budget—Hearing. The council shall
meet on the day fixed by RCW 35A.33.060 for the purpose
of fixing the final budget of the city at the time and place
designated in the notice thereof. Any taxpayer may appear
and be heard for or against any part of the budget. The
hearing may be continued from day to day but not later than
the twenty-fifth day prior to commencement of the city’s
fiscal year. [1967 ex.s. c 119 § 35A.33.070.]
35A.33.075 Budget adoption. Following conclusion
of the hearing, and prior to the beginning of the fiscal year,
the legislative body shall make such adjustments and
changes as it deems necessary or proper and after determining the allowance in each item, department, classification
and fund, and shall by ordinance, adopt the budget in its
final form and content. Appropriations shall be limited to
the total estimated revenues contained therein including the
amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of
the current fiscal year. Such ordinances may adopt the final
budget by reference: PROVIDED, That the ordinance
adopting such budget shall set forth in summary form the
totals of estimated revenues and appropriations for each
separate fund and the aggregate totals for all such funds
combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor, and to the association of
Washington cities. [1995 c 301 § 53; 1969 ex.s. c 81 § 3;
1967 ex.s. c 119 § 35A.33.075.]
Effective date—1969 ex.s. c 81: See note following RCW
35A.13.035.
35A.33.080 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate
preservation of order or public health, or for the restoration
to a condition of usefulness of any public property which has
[Title 35A RCW—page 44]
been damaged or destroyed by accident, or for public relief
from calamity, or in settlement of approved claims for
personal injuries or property damage, or to meet mandatory
expenditures required by laws enacted since the last annual
budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government
authorized or assumed after adoption of the current budget,
including any expenses incident to selection of additional or
new officials required thereby, or incident to employee
recruitment at any time, the city council, upon the adoption
of an ordinance, by the vote of one more than the majority
of all members of the legislative body, stating the facts
constituting the emergency and the estimated amount
required to meet it, may make the expenditures therefor
without notice or hearing. [1967 ex.s. c 119 § 35A.33.080.]
35A.33.090 Emergency expenditures—Other
emergencies—Hearing. If a public emergency which could
not reasonably have been foreseen at the time of filing the
preliminary budget requires the expenditure of money not
provided for in the annual budget, and if it is not one of the
emergencies specifically enumerated in RCW 35A.33.080,
the city council before allowing any expenditure therefor
shall adopt an ordinance stating the facts constituting the
emergency and the estimated amount required to meet it and
declaring that an emergency exists.
Such ordinance shall not be voted on until five days
have elapsed after its introduction, and for passage shall
require the vote of one more than the majority of all members of the legislative body of the code city.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1967 ex.s. c 119 §
35A.33.090.]
35A.33.100 Emergency expenditures—Warrants—
Payments. All expenditures for emergency purposes as
provided in this chapter shall be paid by warrants from any
available money in the fund properly chargeable with such
expenditures. If, at any time, there is insufficient money on
hand in a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest and be
called in the same manner as other registered warrants as
prescribed in RCW 35A.21.110. [1967 ex.s. c 119 §
35A.33.100.]
35A.33.102 Registered warrants—Appropriations.
In adopting the final budget for any fiscal year, the council
shall appropriate from estimated revenue sources available,
a sufficient amount to pay the principal and interest on all
outstanding registered warrants issued since the adoption of
the last preceding budget except those issued and identified
as revenue warrants and except those for which an appropriation previously has been made: PROVIDED, That no portion of the revenues which are restricted in use by law may
be appropriated for the redemption of warrants issued against
a utility or other special purpose fund of a self-supporting
nature: PROVIDED FURTHER, That all or any portion of
the city’s outstanding registered warrants may be funded into
bonds in any manner authorized by law. [1967 ex.s. c 119
§ 35A.33.102.]
(2002 Ed.)
Budgets in Code Cities
35A.33.105 Adjustment of wages, etc., of employees
permissible budget notwithstanding. Notwithstanding the
appropriations for any salary, or salary range of any employee or employees adopted in a final budget, the legislative
body of any code city may, by ordinance, change the wages,
hours, and conditions of employment of any or all of its
appointive employees if sufficient funds are available for
appropriation to such purposes. [1967 ex.s. c 119 §
35A.33.105.]
35A.33.110 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install
the forms and classifications required by this chapter to
define what expenditures are chargeable to each budget class
and to establish the accounting and cost systems necessary
to secure accurate budget information. [1995 c 301 § 54;
1967 ex.s. c 119 § 35A.33.110.]
35A.33.120 Funds—Limitations on expenditures—
Transfers and adjustments. The expenditures as classified
and itemized in the final budget shall constitute the city’s
appropriations for the ensuing fiscal year. Unless otherwise
ordered by a court of competent jurisdiction, and subject to
further limitations imposed by ordinance of the code city, the
expenditure of city funds or the incurring of current liabilities on behalf of the city shall be limited to the following:
(1) The total amount appropriated for each fund in the
budget for the current fiscal year, without regard to the
individual items contained therein, except that this limitation
shall not apply to wage adjustments authorized by RCW
35A.33.105; and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
years pursuant to RCW 35A.33.150; and
(3) Funds received from the sale of bonds or warrants
which have been duly authorized according to law; and
(4) Funds received in excess of estimated revenues
during the current fiscal year, when authorized by an
ordinance amending the original budget; and
(5) Expenditures required for emergencies, as authorized
in RCW 35A.33.080 and 35A.33.090.
Transfers between individual appropriations within any
one fund may be made during the current fiscal year by
order of the city’s chief administrative officer subject to such
regulations, if any, as may be imposed by the city council.
Notwithstanding the provisions of RCW 43.09.210 or of any
statute to the contrary, transfers, as herein authorized, may
be made within the same fund regardless of the various
offices, departments or divisions of the city which may be
affected.
The city council, upon a finding that it is to the best
interests of the code city to decrease, revoke or recall all or
any portion of the total appropriations provided for any one
fund, may, by ordinance, approved by the vote of one more
than the majority of all members thereof, stating the facts
and findings for doing so, decrease, revoke or recall all or
any portion of an unexpended fund balance, and by said
ordinance, or a subsequent ordinance adopted by a like
majority, the moneys thus released may be reappropriated for
another purpose or purposes, without limitation to department, division or fund, unless the use of such moneys is
(2002 Ed.)
35A.33.105
otherwise restricted by law, charter, or ordinance. [1967
ex.s. c 119 § 35A.33.120.]
35A.33.122 Administration, oversight, or supervision of utility—Reimbursement from utility budget
authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s
time, or the time of other management or general government staff, for administration, oversight, or supervision of a
utility operated by the city, or to provide services to the
utility, the utility budget may identify such services and
budget for reimbursement of the city’s current expense fund
for the value of such services. [1991 c 152 § 3.]
35A.33.125 Limitation on expenditures—Void.
Liabilities incurred by any officer or employee of the city in
excess of any budget appropriations shall not be a liability
of the city. The clerk shall issue no warrant and the city
council or other authorized person shall approve no claim for
an expenditure in excess of the total amount appropriated for
any individual fund, except upon an order of a court of
competent jurisdiction or for emergencies as provided in this
chapter. [1969 ex.s. c 81 § 4; 1967 ex.s. c 119 §
35A.33.125.]
Effective date—1969 ex.s. c 81: See note following RCW
35A.13.035.
35A.33.130 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly
authorized. If any unexpended fund balance remains from
the proceeds realized from the bonds or warrants after the
accomplishment of the purpose for which they were issued
it shall be used for the redemption of such bond or warrant
indebtedness. Where a budget contains an expenditure
program to be financed from a bond issue to be authorized
thereafter, no such expenditure shall be made or incurred
until after the bonds have been duly authorized. [1967 ex.s.
c 119 § 35A.33.130.]
35A.33.135 Levy for ad valorem tax. At a time
fixed by the city’s ordinance or charter, not later than the
first Monday in October of each year, the chief administrative officer shall provide the city’s legislative body with
current information on estimates of revenues from all sources
as adopted in the budget for the current year, together with
estimates submitted by the clerk under RCW 35A.33.050.
The city’s legislative body and the city’s administrative
officer or his designated representative shall consider the
city’s total anticipated financial requirements for the ensuing
fiscal year, and the legislative body shall determine and fix
by ordinance the amount to be raised by ad valorem taxes.
Upon adoption of the ordinance fixing the amount of ad
valorem taxes to be levied, the clerk shall certify the same
to the board of county commissioners as required by RCW
84.52.020. [1967 ex.s. c 119 § 35A.33.135.]
35A.33.140 Funds—Quarterly report of status. At
such intervals as may be required by city charter or ordi[Title 35A RCW—page 45]
35A.33.140
Title 35A RCW: Optional Municipal Code
nance, however, being not less than quarterly, the clerk shall
submit to the city’s legislative body and chief administrative
officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal year to the first day of the current
reporting period together with the unexpended balance of
each appropriation. The report shall also show the receipts
from all sources. [1967 ex.s. c 119 § 35A.33.140.]
35A.33.145 Contingency fund—Creation. Every
code city may create and maintain a contingency fund to
provide moneys with which to meet any municipal expense,
the necessity or extent of which could not have been
foreseen or reasonably evaluated at the time of adopting the
annual budget, or from which to provide moneys for those
emergencies described in RCW 35A.33.080 and 35A.33.090.
Such fund may be supported by a budget appropriation from
any tax or other revenue source not restricted in use by law,
or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as
set forth in RCW 35A.33.120: PROVIDED, That the total
amount accumulated in such fund at any time shall not
exceed the equivalent of thirty-seven and one-half cents per
thousand dollars of assessed valuation of property within the
city at such time. Any moneys in the contingency fund at
the end of the fiscal year shall not lapse except upon
reappropriation by the council to another fund in the adoption of a subsequent budget. [1973 1st ex.s. c 195 § 28;
1967 ex.s. c 119 § 35A.33.145.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
35A.33.146 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by
a resolution or ordinance of the council, adopted by a vote
of the majority of the entire council, clearly stating the facts
constituting the reason for the withdrawal or the emergency
as the case may be, specifying the fund to which the
withdrawn money shall be transferred. [1967 ex.s. c 119 §
35A.33.146.]
35A.33.150 Unexpended appropriations. All
appropriations in any current operating fund shall lapse at
the end of each fiscal year: PROVIDED, That this shall not
prevent payments in the following year upon uncompleted
programs or improvements in progress or on orders subsequently filled or claims subsequently billed for the purchase
of material, equipment and supplies or for personal or contractual services not completed or furnished by the end of
the fiscal year, all of which have been properly budgeted and
contracted for prior to the close of such fiscal year but
furnished or completed in due course thereafter.
All appropriations in a special fund authorized by
ordinance or by state law to be used only for the purpose or
purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for
any municipal purpose or purposes, or a contingency fund as
authorized by RCW 35A.33.145, shall not lapse, but shall be
carried forward from year to year until fully expended or the
[Title 35A RCW—page 46]
purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal year
shall be kept open for twenty days after the close of such
fiscal year for the purpose of paying and recording claims
for indebtedness incurred during such fiscal year; any claim
presented after the twentieth day following the close of the
fiscal year shall be paid from appropriations lawfully
provided for the ensuing period, including those made
available by provisions of this section, and shall be recorded
in the accounts for the ensuing fiscal year. [1967 ex.s. c 119
§ 35A.33.150.]
35A.33.160 Violations and penalties. Upon the
conviction of any city official, department head or other city
employee of knowingly failing, or refusing, without just
cause, to perform any duty imposed upon such officer or
employee by this chapter, or city ordinance or charter, in
connection with the giving of notice, the preparing and filing
of estimates of revenues or expenditures or other information
required for preparing a budget report in the time and
manner required, or of knowingly making expenditures in
excess of budget appropriations, he shall be guilty of a
misdemeanor and shall be fined not more than five hundred
dollars for each separate violation. [1967 ex.s. c 119 §
35A.33.160.]
Chapter 35A.34
BIENNIAL BUDGETS
Sections
35A.34.010
35A.34.020
35A.34.030
35A.34.040
35A.34.050
35A.34.060
35A.34.070
35A.34.080
35A.34.090
35A.34.100
35A.34.110
35A.34.120
35A.34.130
35A.34.140
35A.34.150
35A.34.160
35A.34.170
35A.34.180
35A.34.190
35A.34.200
35A.34.205
35A.34.210
35A.34.220
35A.34.230
35A.34.240
35A.34.250
35A.34.260
35A.34.270
35A.34.280
Legislative intent.
Application of chapter.
Definitions.
Biennial budget authorized—Limitations.
Budget estimates—Submittal.
Budget estimates—Classification and segregation.
Proposed preliminary budget.
Preliminary budget.
Budget message—Hearings.
Budget—Notice of hearing.
Budget—Hearing.
Budget—Adoption.
Budget—Mid-biennial review and modification.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payment.
Registered warrants—Payment.
Adjustment of wages, hours and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—
Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sales of bonds and warrants—
Expenditures.
Revenue estimates—Amount to be raised by ad valorem
taxes.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
35A.34.010
Legislative intent. See RCW 35.34.010.
(2002 Ed.)
Biennial Budgets
35A.34.020 Application of chapter. This chapter
applies to all code cities which have by ordinance adopted
this chapter authorizing the adoption of a fiscal biennium
budget. [1985 c 175 § 34.]
35A.34.030 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) "Clerk" includes the officer performing the functions
of a finance or budget director, comptroller, auditor, or by
whatever title the officer may be known in any code city.
(2) "Department" includes each office, division, service,
system, or institution of the city for which no other statutory
or charter provision is made for budgeting and accounting
procedures or controls.
(3) "Legislative body" includes the council, commission,
or any other group of officials serving as the legislative body
of a code city.
(4) "Chief administrative officer" includes the mayor of
cities having a mayor-council plan of government, the
commissioners in cities having a commission plan of
government, the manager, or any other city official designated by the charter or ordinances of such city under the plan
of government governing the same, or the budget or finance
officer designated by the mayor, manager, or commissioners,
to perform the functions, or portions thereof, contemplated
by this chapter.
(5) "Fiscal biennium" means the period from January 1
of each odd-numbered year through December 31 of the next
succeeding even-numbered year.
(6) "Fund" and "funds" where clearly used to indicate
the plural of "fund" means the budgeting or accounting entity
authorized to provide a sum of money for specified activities
or purposes.
(7) "Funds" where not used to indicate the plural of
"fund" means money in hand or available for expenditure or
payment of a debt or obligation.
(8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1985 c 175 § 35.]
"Fiscal biennium" defined: RCW 1.16.020.
35A.34.040 Biennial budget authorized—
Limitations. All code cities are authorized to establish by
ordinance a two-year fiscal biennium budget. The ordinance
shall be enacted at least six months prior to commencement
of the fiscal biennium and this chapter applies to all code
cities which utilize a fiscal biennium budget. Code cities
which establish a fiscal biennium budget are authorized to
repeal such ordinance and provide for reversion to a fiscal
year budget. The ordinance may only be repealed effective
as of the conclusion of a fiscal biennium. However, the city
shall comply with chapter 35A.33 RCW in developing and
adopting the budget for the first fiscal year following repeal
of the ordinance. [1985 c 175 § 36.]
35A.34.050 Budget estimates—Submittal. On or
before the second Monday of the fourth month prior to the
beginning of the city’s next fiscal biennium, or at such other
time as the city may provide by ordinance or charter, the
(2002 Ed.)
35A.34.020
clerk shall notify in writing the head of each department of
a city to file with the clerk within fourteen days of the
receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and
of all expenditures required by the department for the
ensuing fiscal biennium. The notice shall be accompanied
by the proper forms provided by the clerk, prepared in
accordance with the requirements and classification established by the state auditor. The clerk shall prepare the
estimates for interest and debt redemption requirements and
all other estimates, the preparation of which falls properly
within the duties of the clerk’s office. The chief administrative officers of the city shall submit to the clerk detailed
estimates of all expenditures proposed to be financed from
the proceeds of bonds or warrants not yet authorized,
together with a statement of the proposed method of financing them. In the absence or disability of the official or
person regularly in charge of a department, the duties
required by this section shall devolve upon the person next
in charge of such department. [1995 c 301 § 55; 1985 c 175
§ 37.]
35A.34.060 Budget estimates—Classification and
segregation. All estimates of receipts and expenditures for
the ensuing fiscal biennium shall be fully detailed in the
biennial budget and shall be classified and segregated
according to a standard classification of accounts to be
adopted and prescribed by the state auditor after consultation
with the Washington finance officers association, the
association of Washington cities, and the association of
Washington city managers. [1995 c 301 § 56; 1985 c 175
§ 38.]
35A.34.070 Proposed preliminary budget. On or
before the first business day in the third month prior to the
beginning of the biennium of a city or at such other time as
the city may provide by ordinance or charter, the clerk or
other person designated by the charter, by ordinances, or by
the chief administrative officer of the city shall submit to the
chief administrative officer a proposed preliminary budget
which shall set forth the complete financial program of the
city for the ensuing fiscal biennium, showing the expenditure
program requested by each department and the sources of
revenue by which each such program is proposed to be
financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last
completed fiscal biennium, the estimated receipts for the
current fiscal biennium, and the estimated receipts for the
ensuing fiscal biennium, which shall include the amount to
be raised from ad valorem taxes and unencumbered fund
balances estimated to be available at the close of the current
fiscal biennium. However, if the city was not utilizing a
fiscal biennium budget for the previous three years, it shall
set forth its fiscal years’ revenues to reflect actual and
estimated receipts as if it had previously utilized a biennial
budgetary process.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department
operating within each fund the actual expenditures for the
last completed fiscal biennium, the appropriations for the
[Title 35A RCW—page 47]
35A.34.070
Title 35A RCW: Optional Municipal Code
current fiscal biennium, and the estimated expenditures for
the ensuing fiscal biennium. However, if the city was not
utilizing a fiscal biennium budget for the previous three
years, it shall set forth its fiscal years’ expenditures to reflect
actual and estimated levels as if it had previously utilized a
biennial budgetary process. The expenditure section shall
further set forth separately the salary or salary range for each
office, position, or job classification together with the title or
position designation thereof. However, salaries may be set
out in total amounts under each department if a detailed
schedule of such salaries and positions be attached and made
a part of the budget document. [1985 c 175 § 39.]
35A.34.080 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or additions to the reports of the
department heads deemed advisable by such chief administrative officer. At least sixty days before the beginning of
the city’s next fiscal biennium the chief administrative
officer shall file it with the clerk as the recommendation of
the chief administrative officer for the final budget. The
clerk shall provide a sufficient number of copies of such
preliminary budget and budget message to meet the reasonable demands of taxpayers therefor and have them available
for distribution not later than six weeks before the beginning
of the city’s next fiscal biennium. [1985 c 175 § 40.]
35A.34.090 Budget message—Hearings. (1) In every
city, a budget message prepared by or under the direction of
the city’s chief administrative officer shall be submitted as
a part of the preliminary budget to the city’s legislative body
at least sixty days before the beginning of the city’s next
fiscal biennium and shall contain the following:
(a) An explanation of the budget document;
(b) An outline of the recommended financial policies
and programs of the city for the ensuing fiscal biennium;
(c) A statement of the relation of the recommended
appropriation to such policies and programs;
(d) A statement of the reason for salient changes from
the previous biennium in appropriation and revenue items;
and
(e) An explanation for any recommended major changes
in financial policy.
(2) Prior to the final hearing on the budget, the legislative body or a committee thereof shall schedule hearings on
the budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1985 c 175 § 41.]
35A.34.100 Budget—Notice of hearing. Immediately
following the filing of the preliminary budget with the clerk,
the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing
fiscal biennium has been filed with the clerk, that a copy
thereof will be made available to any taxpayer who will call
at the clerk’s office therefor, that the legislative body of the
city will meet on or before the first Monday of the month
next preceding the beginning of the ensuing fiscal biennium
for the purpose of fixing the final budget, designating the
date, time, and place of the legislative budget meeting, and
that any taxpayer may appear thereat and be heard for or
[Title 35A RCW—page 48]
against any part of the budget. The publication of the notice
shall be made in the official newspaper of the city if there is
one, otherwise in a newspaper of general circulation in the
city. If there is no newspaper of general circulation in the
city, then notice may be made by posting in three public
places fixed by ordinance as the official places for posting
the city’s official notices. [1985 c 175 § 42.]
35A.34.110 Budget—Hearing. The legislative body
shall meet on the day fixed by RCW 35A.34.100 for the
purpose of fixing the final budget of the city at the time and
place designated in the notice thereof. Any taxpayer may
appear and be heard for or against any part of the budget.
The hearing may be continued from day to day but not later
than the twenty-fifth day prior to commencement of the
city’s fiscal biennium. [1985 c 175 § 43.]
35A.34.120 Budget—Adoption. Following conclusion of the hearing, and prior to the beginning of the fiscal
biennium, the legislative body shall make such adjustments
and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its
final form and content. Appropriations shall be limited to
the total estimated revenues contained therein including the
amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of
the current fiscal biennium. Such ordinances may adopt the
final budget by reference. However, the ordinance adopting
the budget shall set forth in summary form the totals of
estimated revenues and appropriations for each separate fund
and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor and to the association of
Washington cities. [1995 c 301 § 57; 1985 c 175 § 44.]
35A.34.130 Budget—Mid-biennial review and
modification. The legislative authority of a city having
adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the
biennial budget. The ordinance shall provide that such
review and modification shall occur no sooner than eight
months after the start nor later than conclusion of the first
year of the fiscal biennium. The chief administrative officer
shall prepare the proposed budget modification and shall
provide for publication of notice of hearings consistent with
publication of notices for adoption of other city ordinances.
City ordinances providing for a mid-biennium review and
modification shall establish procedures for distribution of the
proposed modification to members of the city legislative
authority, procedures for making copies available to the
public, and shall provide for public hearings on the proposed
budget modification. The budget modification shall be by
ordinance approved in the same manner as are other ordinances of the city.
A complete copy of the budget modification as adopted
shall be transmitted to the state auditor and to the association
of Washington cities. [1995 c 301 § 58; 1985 c 175 § 45.]
35A.34.140 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
(2002 Ed.)
Biennial Budgets
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate
preservation of order or public health, or for the property
which has been damaged or destroyed by accident, or for
public relief from calamity, or in settlement of approved
claims for personal injuries or property damages, or to meet
mandatory expenditures required by law enacted since the
last budget was adopted, or to cover expenses incident to
preparing for or establishing a new form of government
authorized or assumed after adoption of the current budget,
including any expenses incident to selection of additional or
new officials required thereby, or incident to employee
recruitment at any time, the city legislative body, upon the
adoption of an ordinance, by the vote of one more than the
majority of all members of the legislative body, stating the
facts constituting the emergency and the estimated amount
required to meet it, may make the expenditures therefor
without notice or hearing. [1985 c 175 § 46.]
35A.34.150 Emergency expenditures—Other
emergencies—Hearing. If a public emergency which could
not reasonably have been foreseen at the time of filing the
preliminary budget requires the expenditure of money not
provided for in the budget, and if it is not one of the
emergencies specifically enumerated in RCW 35A.34.140,
the city legislative body before allowing any expenditure
therefor shall adopt an ordinance stating the facts constituting the emergency and the estimated amount required to
meet it and declaring that an emergency exists.
The ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the city.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1985 c 175 § 47.]
35A.34.160 Emergency expenditures—Warrants—
Payment. All expenditures for emergency purposes as
provided in this chapter shall be paid by warrants from any
available money in the fund properly chargeable with such
expenditures. If, at any time, there is insufficient money on
hand in a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be
called in the same manner as other registered warrants as
prescribed in RCW 35A.21.110. [1985 c 175 § 48.]
35A.34.170 Registered warrants—Payment. In
adopting the final budget for any fiscal biennium, the
legislative body shall appropriate from estimated revenue
sources available, a sufficient amount to pay the principal
and interest on all outstanding registered warrants issued
since the adoption of the last preceding budget except those
issued and identified as revenue warrants and except those
for which an appropriation previously has been made.
However, no portion of the revenues which are restricted in
use by law may be appropriated for the redemption of
warrants issued against a utility or other special purpose fund
of a self-supporting nature. In addition, all or any portion of
the city’s outstanding registered warrants may be funded into
bonds in any manner authorized by law. [1985 c 175 § 49.]
(2002 Ed.)
35A.34.140
35A.34.180 Adjustment of wages, hours and
conditions of employment. Notwithstanding the appropriations for any salary or salary range of any employee or
employees adopted in a final budget, the legislative body of
any city may, by ordinance, change the wages, hours, and
conditions of employment of any or all of its appointive
employees if sufficient funds are available for appropriation
to such purposes. [1985 c 175 § 50.]
35A.34.190 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install
the forms and classifications required by this chapter to
define what expenditures are chargeable to each budget class
and to establish the accounting and cost systems necessary
to secure accurate budget information. [1995 c 301 § 59;
1985 c 175 § 51.]
35A.34.200 Funds—Limitations on expenditures—
Transfers and adjustments. (1) The expenditures as
classified and itemized in the final budget shall constitute the
city’s appropriations for the ensuing fiscal biennium. Unless
otherwise ordered by a court of competent jurisdiction, and
subject to further limitations imposed by ordinance of the
city, the expenditure of city funds or the incurring of current
liabilities on behalf of the city shall be limited to the
following:
(a) The total amount appropriated for each fund in the
budget for the current fiscal biennium, without regard to the
individual items contained therein, except that this limitation
does not apply to wage adjustments authorized by RCW
35A.34.180;
(b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
periods pursuant to RCW 35A.34.270;
(c) Funds received from the sale of bonds or warrants
which have been duly authorized according to law;
(d) Funds received in excess of estimated revenues
during the current fiscal biennium, when authorized by an
ordinance amending the original budget; and
(e) Expenditures authorized by budget modification as
provided by RCW 35A.34.130 and those required for
emergencies, as authorized by RCW 35A.34.140 and
35A.34.150.
(2) Transfers between individual appropriations within
any one fund may be made during the current fiscal biennium by order of the city’s chief administrative officer subject
to such regulations, if any, as may be imposed by the city
legislative body. Notwithstanding the provisions of RCW
43.09.210 or of any statute to the contrary, transfers, as
authorized in this section, may be made within the same
fund regardless of the various offices, departments, or
divisions of the city which may be affected.
(3) The city legislative body, upon a finding that it is to
the best interests of the city to decrease, revoke, or recall all
or any portion of the total appropriations provided for any
one fund, may, by ordinance, approved by the vote of one
more than the majority of all members thereof, stating the
facts and findings for doing so, decrease, revoke, or recall all
or any portion of an unexpended fund balance, and by said
ordinance, or a subsequent ordinance adopted by a like
majority, the moneys thus released may be reappropriated for
[Title 35A RCW—page 49]
35A.34.200
Title 35A RCW: Optional Municipal Code
another purpose or purposes, without limitation to department, division, or fund, unless the use of such moneys is
otherwise restricted by law, charter, or ordinance. [1985 c
175 § 52.]
35A.34.205 Administration, oversight, or supervision of utility—Reimbursement from utility budget
authorized. Whenever any code city apportions a percentage of the city manager’s, administrator’s, or supervisor’s
time, or the time of other management or general government staff, for administration, oversight, or supervision of a
utility operated by the city, or to provide services to the
utility, the utility budget may identify such services and
budget for reimbursement of the city’s current expense fund
for the value of such services. [1991 c 152 § 4.]
35A.34.210 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city in
excess of any budget appropriations shall not be a liability
of the city. The clerk shall issue no warrant and the city
legislative body or other authorized person shall approve no
claim for an expenditure in excess of the total amount
appropriated for any individual fund, except upon an order
of a court of competent jurisdiction or for emergencies as
provided in this chapter. [1985 c 175 § 53.]
35A.34.220 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly
authorized. If any unexpended fund balance remains from
the proceeds realized from the bonds or warrants after the
accomplishment of the purpose for which they were issued,
it shall be used for the redemption of such bond or warrant
indebtedness. Where a budget contains an expenditure
program to be financed from a bond issue to be authorized
thereafter, no such expenditure shall be made or incurred
until after the bonds have been duly authorized. [1985 c 175
§ 54.]
35A.34.230 Revenue estimates—Amount to be
raised by ad valorem taxes. At a time fixed by the city’s
ordinance or city charter, not later than the first Monday in
October of the second year of each fiscal biennium, the chief
administrative officer shall provide the city’s legislative body
with current information on estimates of revenues from all
sources as adopted in the budget for the current biennium,
together with estimates submitted by the clerk under RCW
35A.34.070. The city’s legislative body and the city’s
administrative officer or the officer’s designated representative shall consider the city’s total anticipated financial
requirements for the ensuing fiscal biennium, and the
legislative body shall determine and fix by ordinance the
amount to be raised the first year of the biennium by ad
valorem taxes. The legislative body shall review such
information as is provided by the chief administrative officer
and shall adopt an ordinance establishing the amount to be
raised by ad valorem taxes during the second year of the
biennium. Upon adoption of the ordinance fixing the
amount of ad valorem taxes to be levied, the clerk shall
[Title 35A RCW—page 50]
certify the same to the county legislative authority as
required by RCW 84.52.020. [1985 c 175 § 55.]
35A.34.240 Funds—Quarterly report of status. At
such intervals as may be required by city charter or city
ordinance, however, being not less than quarterly, the clerk
shall submit to the city’s legislative body and chief administrative officer a report showing the expenditures and liabilities against each separate budget appropriation incurred
during the preceding reporting period and like information
for the whole of the current fiscal biennium to the first day
of the current reporting period together with the unexpended
balance of each appropriation. The report shall also show
the receipts from all sources. [1985 c 175 § 56.]
35A.34.250 Contingency fund—Creation. Every city
may create and maintain a contingency fund to provide
moneys with which to meet any municipal expense, the
necessity or extent of which could not have been foreseen or
reasonably evaluated at the time of adopting the annual
budget, or from which to provide moneys for those emergencies described in RCW 35A.34.140 and 35A.34.150. Such
fund may be supported by a budget appropriation from any
tax or other revenue source not restricted in use by law, or
also may be supported by a transfer from other unexpended
or decreased funds made available by ordinance as set forth
in RCW 35A.34.200. However, the total amount accumulated in such fund at any time shall not exceed the equivalent
of thirty-seven and one-half cents per thousand dollars of
assessed valuation of property within the city at such time.
Any moneys in the emergency fund at the end of the fiscal
biennium shall not lapse except upon reappropriation by the
council to another fund in the adoption of a subsequent
budget. [1985 c 175 § 57.]
35A.34.260 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by
a resolution or ordinance of the legislative body of the city,
adopted by a majority vote of the entire legislative body,
clearly stating the facts constituting the reason for the
withdrawal or the emergency as the case may be, specifying
the fund to which the withdrawn money shall be transferred.
[1985 c 175 § 58.]
35A.34.270 Unexpended appropriations. All
appropriations in any current operating fund shall lapse at
the end of each fiscal biennium. However, this shall not
prevent payments in the following biennium upon uncompleted programs or improvements in progress or on orders
subsequently filled or claims subsequently billed for the
purchase of material, equipment, and supplies or for personal
or contractual services not completed or furnished by the end
of the fiscal biennium, all of which have been properly
budgeted and contracted for prior to the close of such fiscal
biennium, but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by
ordinance or by state law to be used only for the purpose or
purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for
(2002 Ed.)
Biennial Budgets
any municipal purpose or purposes, or a contingency fund as
authorized by RCW 35A.34.250, shall not lapse, but shall be
carried forward from biennium to biennium until fully
expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal
biennium shall be kept open for twenty days after the close
of such fiscal biennium for the purpose of paying and
recording claims for indebtedness incurred during such fiscal
biennium; any claim presented after the twentieth day
following the close of the fiscal biennium shall be paid from
appropriations lawfully provided for the ensuing period,
including those made available by provisions of this section,
and shall be recorded in the accounts for the ensuing fiscal
biennium. [1985 c 175 § 59.]
35A.34.280 Violations and penalties. Upon the
conviction of any city official, department head, or other city
employee of knowingly failing, or refusing, without just
cause, to perform any duty imposed upon such officer or
employee by this chapter, or city charter or city ordinance,
in connection with the giving of notice, the preparing and
filing of estimates of revenues or expenditures or other
information required for preparing a budget report in the
time and manner required, or of knowingly making expenditures in excess of budget appropriations, the official or
employee shall be guilty of a misdemeanor and shall be
fined not more than five hundred dollars for each separate
violation. [1985 c 175 § 60.]
Chapter 35A.35
INTERGOVERNMENTAL RELATIONS
Sections
35A.35.010 Joint facilities and agreements.
35A.35.020 Demonstration Cities and Metropolitan Development Act—
Authority to contract with federal government.
35A.35.010 Joint facilities and agreements. In
addition to exercising all authority granted to cities of any
class for joint or intergovernmental cooperation and activity
and agreements for the acquisition, ownership, leasing,
control, improvement, occupation and use of land or other
property with a county, another city, or governmental
agency, and in addition to authority granted to code cities by
RCW 35A.11.040, every code city may exercise the powers
relating to jails, places of detention, civic centers, civic halls
and armories as is authorized by chapters 36.64 and 38.20
RCW. [1967 ex.s. c 119 § 35A.35.010.]
35A.35.020 Demonstration Cities and Metropolitan
Development Act—Authority to contract with federal
government. See RCW 35.21.660.
35A.34.270
Chapter 35A.36
EXECUTION OF BONDS BY PROXY IN
CODE CITIES
Sections
35A.36.010
35A.36.020
35A.36.030
35A.36.040
35A.36.050
35A.36.060
35A.36.070
Appointment of proxies.
Coupons—Printing facsimile signatures.
Deputies—Exemptions.
Designation of bonds to be signed.
Liability of officer.
Notice to council.
Revocation of proxy.
35A.36.010 Appointment of proxies. The mayor,
finance officer, city clerk, or other officer of a code city who
is authorized or required by law, charter, or ordinance to
execute bonds of the city or any subdivision or district
thereof may designate one or more bonded persons to affix
such officer’s signature to any bond or bonds requiring his
signature. If the signature of one of these officers is affixed
to a bond during his continuance in office by a proxy
designated by him whose authority has not been revoked, the
bond shall be as binding upon the city and all concerned as
though the officer had signed the bond in person. This
chapter shall apply to all bonds, whether they constitute
obligations of the city as a whole or of any local improvement or other district or subdivision thereof, whether they
call for payment from the general funds of the city or from
a local, special or other fund, and whether negotiable or
otherwise. [1967 ex.s. c 119 § 35A.36.010.]
35A.36.020 Coupons—Printing facsimile signatures.
A facsimile reproduction of the signature of any of the code
city officers referred to in RCW 35A.36.010 may be printed,
engraved, or lithographed upon bond coupons with the same
effect as though the particular officer had signed the coupon
in person. [1967 ex.s. c 119 § 35A.36.020.]
35A.36.030 Deputies—Exemptions. This chapter
shall not be construed to require the appointment of deputy
finance officers or deputy city clerks of code cities to be
made in accordance with this chapter insofar as concerns
signatures or other acts which may lawfully be made or done
by such deputy officer under the provisions of any other law.
[1967 ex.s. c 119 § 35A.36.030.]
35A.36.040 Designation of bonds to be signed. The
officer of a code city whose duty it is to cause any bonds to
be printed, engraved, or lithographed, shall specify in a
written order or requisition to the printer, engraver, or
lithographer the number of bonds to be printed, engraved or
lithographed and the manner of numbering them. Every
printer, engraver, or lithographer who knowingly prints,
engraves, or lithographs a greater number of bonds than that
specified or who knowingly prints, engraves, or lithographs
more than one bond bearing the same number shall be guilty
of a felony. [1967 ex.s. c 119 § 35A.36.040.]
35A.36.050 Liability of officer. A code city officer
authorizing the affixing of his signature to a bond by a proxy
shall be subject to the same liability personally and on his
bond for any signature so affixed and to the same extent as
(2002 Ed.)
[Title 35A RCW—page 51]
35A.36.050
Title 35A RCW: Optional Municipal Code
if he had affixed his signature in person. [1967 ex.s. c 119
§ 35A.36.050.]
35A.36.060 Notice to council. In order to designate
a proxy to affix his signature to bonds, a code city officer
shall address a written notice to the legislative body of the
city giving the name of the person whom he has selected
therefor and stating generally or specifically what bonds are
to be so signed.
Attached to or included in the notice shall be a written
signature of the officer making the designation executed by
the proposed proxy followed by the word "by" and his own
signature; or, if the notice so states, the specimen signatures
may consist of a facsimile reproduction of the officer’s
signature impressed by some mechanical process followed by
the word "by" and the proxy’s own signature.
If the authority is intended to include the signature upon
bonds bearing an earlier date than the effective date of the
notice, the prior dated bonds must be specifically described
by reasonable reference thereto.
The notice designating a proxy shall be filed with the
city finance officer or city clerk, together with the specimen
signatures attached thereto and a record of the filing shall be
made in the journal of the legislative body. This record
shall note the date and hour of filing and may be made by
the official who keeps the journal at any time after the filing
of the notice, even during a period of recess or adjournment
of the legislative body. The notice shall be effective from
the time of its recording. [1967 ex.s. c 119 § 35A.36.060.]
(5) Current expense fund as required by RCW
35.37.010, usually referred to as the general fund;
(6) Local improvement guaranty fund as required by
RCW 35.54.010;
(7) An indebtedness and sinking fund, together with
separate funds for utilities and institutions as required by
RCW 35.37.020;
(8) Local improvement district fund and revolving fund
as required by RCW 35.45.130 and 35.48.010;
(9) City street fund as required by chapter 35.76 RCW
and RCW 47.24.040;
(10) Firemen’s relief and pension fund as required by
chapters 41.16 and 41.18 RCW;
(11) Policemen’s relief and pension fund as required by
RCW 41.20.130 and 63.32.030;
(12) First class cities’ employees retirement and pension
system as authorized by chapter 41.28 RCW;
(13) Applicable rules of the state auditor. [1995 c 301
§ 60; 1983 c 3 § 62; 1967 ex.s. c 119 § 35A.37.010.]
Chapter 35A.38
EMERGENCY SERVICES
Sections
35A.38.010 Local organization.
35A.36.070 Revocation of proxy. Any designation of
a proxy may be revoked by written notice addressed to the
legislative body of the code city signed by the officer who
made the designation and filed and recorded in the same
manner as the notice of designation. It shall be effective
from the time of its recording but shall not affect the validity
of any signatures theretofore made. [1967 ex.s. c 119 §
35A.36.070.]
35A.38.010 Local organization. A code city may
participate in the creation of local organizations for emergency services, provide for mutual aid, and exercise all of the
powers and privileges and perform all of the functions and
duties, and the officers and employees thereof shall have the
same powers, duties, rights, privileges and immunities as any
city of any class, and the employees thereof, have in
connection with emergency services as provided in chapter
38.52 RCW in the manner provided by said chapters or by
general law. [1974 ex.s. c 171 § 2; 1967 ex.s. c 119 §
35A.38.010.]
Chapter 35A.37
FUNDS, SPECIAL PURPOSE
Chapter 35A.39
PUBLIC DOCUMENTS AND RECORDS
Sections
35A.37.010 Segregating and accounting.
35A.37.010 Segregating and accounting. Code cities
shall establish such funds for the segregation, budgeting,
expenditure and accounting for moneys received for special
purposes as are required by general law applicable to such
cities’ activities and the officers thereof shall pay into,
expend from, and account for such moneys in the manner
provided therefor including but not limited to the requirements of the following:
(1) Accounting funds as required by RCW 35.37.010;
(2) Annexation and consolidation fund as required by
chapters 35.10 and 35.13 RCW;
(3) Assessment fund as required by RCW 8.12.480;
(4) Equipment rental fund as authorized by RCW
35.21.088;
[Title 35A RCW—page 52]
Sections
35A.39.010 Legislative and administrative records.
35A.39.010 Legislative and administrative records.
Every code city shall keep a journal of minutes of its
legislative meetings with orders, resolutions and ordinances
passed, and records of the proceedings of any city department, division or commission performing quasi judicial
functions as required by ordinances of the city and general
laws of the state and shall keep such records open to the
public as required by RCW 42.32.030 and shall keep and
preserve all public records and publications or reproduce and
destroy the same as provided by Title 40 RCW. Each code
city may duplicate and sell copies of its ordinances at fees
reasonably calculated to defray the cost of such duplication
and handling. [1995 c 21 § 2; 1967 ex.s. c 119 §
35A.39.010.]
(2002 Ed.)
Fiscal Provisions Applicable to Code Cities
Chapter 35A.40
FISCAL PROVISIONS APPLICABLE TO
CODE CITIES
Sections
35A.40.010
35A.40.020
35A.40.030
35A.40.050
35A.40.060
35A.40.070
35A.40.080
35A.40.090
35A.40.100
35A.40.110
35A.40.200
35A.40.210
Accounting—Funds—Indebtedness—Bonds.
Code city may elect to use checks when funds are solvent.
Fiscal—Depositaries.
Fiscal—Investment of funds.
Fiscal—Validation and funding of debts.
Fiscal—Municipal Revenue Bond Act.
Bonds—Form, terms, and maturity.
Indebtedness.
Bankruptcy, readjustment and relief from debts.
Employee checks, drafts, warrants—City may cash.
General law relating to public works and contracts.
Public work contracts or purchases—Procedures.
35A.40.010 Accounting—Funds—Indebtedness—
Bonds. Municipal accounts and funds, the contracting of
indebtedness for municipal purposes and the issuance and
payment of bonds therefor, the validation of preexisting
obligations by the voters of a consolidated city, debt limitations, elections for authorization of the incurring of indebtedness, and provisions pertaining to the issuance, sale,
funding and redemption of general obligation bonds and
remedies for nonpayment thereof are governed and controlled by the general law as contained in, but not limited to
chapters 35.37, 39.40, 39.46, 39.52, 39.56, and 43.80 RCW,
and are hereby recognized as applicable to code cities.
[1984 c 186 § 24; 1967 ex.s. c 119 § 35A.40.010.]
Purpose—1984 c 186: See note following RCW 39.46.110.
35A.40.020 Code city may elect to use checks when
funds are solvent. A code city, by ordinance, may adopt a
policy for the payment of claims or other obligations of the
city, which are payable out of solvent funds, electing either
to pay such obligations by warrant, or to pay such obligations by check: PROVIDED, That no check shall be issued
when the applicable fund is not solvent at the time payment
is ordered, but a warrant shall be issued therefor. When
checks are to be used, the legislative body shall designate the
qualified public depositary whereon such checks are to be
drawn, and the officers authorized or required to sign such
checks. Wherever in this title, reference is made to warrants, such term shall include checks where authorized by
this section. [1984 c 177 § 5; 1967 ex.s. c 119 §
35A.40.020.]
35A.40.030 Fiscal—Depositaries. The legislative
body of a code city, at the end of each fiscal year, or at such
other times as the legislative body may direct, shall designate
one or more financial institutions which are qualified public
depositaries as set forth by the public deposit protection
commission as depositary or depositaries of the moneys
required to be kept by the code city treasurer or other officer
performing the duties commonly performed by the treasurer
of a code city: PROVIDED, That where any bank has been
designated as a depositary hereunder such designation shall
continue in force until revoked by a majority vote of the
legislative body of such code city. The provisions relating
to depositaries, contained in chapter 39.58 RCW, as now or
hereafter amended, are hereby recognized as applicable to
(2002 Ed.)
Chapter 35A.40
code cities and to the depositaries designated by them.
[1984 c 177 § 6; 1973 c 126 § 4; 1967 ex.s. c 119 §
35A.40.030.]
35A.40.050 Fiscal—Investment of funds. Excess and
inactive funds on hand in the treasury of any code city may
be invested in the same manner and subject to the same
limitations as provided for city and town funds in all
applicable statutes, including, but not limited to the following: RCW 35.39.030, 35.58.510, 35.81.070, 35.82.070,
36.29.020, 39.58.020, 39.58.080, 39.58.130, 39.60.010,
39.60.020, 41.16.040, 68.52.060, 68.52.065, and 72.19.120.
The responsibility for determining the amount of money
available in each fund for investment purposes shall be
placed upon the department, division or board responsible for
the administration of such fund.
Moneys thus determined available for this purpose may
be invested on an individual fund basis or may, unless
otherwise restricted by law be commingled within one
common investment portfolio for the mutual benefit of all
participating funds: PROVIDED, That if such moneys are
commingled in a common investment portfolio, all income
derived therefrom shall be apportioned among the various
participating funds in direct proportion to the amount of
money invested by each.
Any excess or inactive funds on hand in the city
treasury not otherwise invested for the specific benefit of any
particular fund, may be invested by the city treasurer in
United States government bonds, notes, bills or certificates
of indebtedness for the benefit of the general or current
expense fund. [1987 c 331 § 77; 1983 c 66 § 2; 1983 c 3
§ 64; 1967 ex.s. c 119 § 35A.40.050.]
Effective date—1987 c 331: See RCW 68.05.900.
Severability—1983 c 66: See note following RCW 39.58.010.
35A.40.060 Fiscal—Validation and funding of debts.
The provisions of general law contained in chapters 35.40
and 39.90 RCW, relating to the validation and funding of
debts and elections pertaining thereto is hereby recognized
as applicable to code cities. [1967 ex.s. c 119 §
35A.40.060.]
35A.40.070 Fiscal—Municipal Revenue Bond Act.
All provisions of chapter 35.41 RCW, the Municipal
Revenue Bond Act, shall be applicable and/or available to
code cities. [1967 ex.s. c 119 § 35A.40.070.]
35A.40.080 Bonds—Form, terms, and maturity. In
addition to any other authority granted by law, a code city
shall have authority to ratify and fund indebtedness as
provided by chapter 35.40 RCW; to issue revenue bonds,
coupons and warrants as authorized by chapter 35.41 RCW;
to authorize and issue local improvement bonds and warrants, installment notes and interest certificates as authorized
by chapter 35.45 RCW; to fund indebtedness and to issue
other bonds as authorized by chapters 39.44, 39.48, 39.52
RCW, RCW 39.56.020, and 39.56.030 in accordance with
the procedures and subject to the limitations therein provided. [1967 ex.s. c 119 § 35A.40.080.]
[Title 35A RCW—page 53]
35A.40.090
Title 35A RCW: Optional Municipal Code
35A.40.090 Indebtedness. The provisions of general
law contained in chapter 39.36 RCW relating to municipal
indebtedness shall be applicable to code cities. [2001 c 200
§ 2; 1973 1st ex.s. c 195 § 29; 1970 ex.s. c 42 § 16; 1967
ex.s. c 119 § 35A.40.090. Cf. 1973 1st ex.s. c 195 § 141.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
35A.40.100 Bankruptcy, readjustment and relief
from debts. A code city may exercise the powers and
obtain the benefits relating to bankruptcy, readjustment and
relief from debts as authorized by chapter 39.64 RCW in
accordance with the procedures therein prescribed. [1967
ex.s. c 119 § 35A.40.100.]
35A.40.110 Employee checks, drafts, warrants—
City may cash. Any code city is hereby authorized, at its
option and after the adoption of the appropriate ordinance, to
accept in exchange for cash a payroll check, draft, or
warrant; expense check, draft, or warrant; or personal check
from a city employee in accordance with the following
conditions:
(1) The check, warrant, or draft must be drawn to the
order of cash or bearer and be immediately payable by a
drawee financial institution;
(2) The person presenting the check, draft, or warrant to
the city must produce identification as outlined by the city
in the authorizing ordinance;
(3) The payroll check, draft, or warrant or expense
check, draft, or warrant must have been issued by the city;
and
(4) Personal checks cashed pursuant to this authorization
cannot exceed two hundred dollars.
In the event that any personal check cashed for a city
employee by the city under this section is dishonored by the
drawee financial institution when presented for payment, the
city is authorized, after notice to the drawer or endorser of
the dishonor, to withhold from the drawer’s or endorser’s
next payroll check, draft, or warrant the full amount of the
dishonored check. [1991 c 185 § 2.]
35A.40.200 General law relating to public works
and contracts. Every code city shall have the authority to
make public improvements and to perform public works
under authority provided by general law for any class of city
and to make contracts in accordance with procedure and
subject to the conditions provided therefor, including but not
limited to the provisions of: (1) Chapter 39.04 RCW,
relating to public works; (2) RCW 35.23.352 relating to
competitive bidding for public works, materials and supplies;
(3) RCW 9.18.120 and 9.18.150 relating to suppression of
competitive bidding; (4) chapter 60.28 RCW relating to liens
for materials and labor performed; (5) chapter 39.08 RCW
relating to contractor’s bonds; (6) chapters 39.12 and 43.03
RCW relating to prevailing wages; (7) chapter 49.12 RCW
relating to hours of labor; (8) chapter 51.12 RCW relating to
workers’ compensation; (9) chapter 49.60 RCW relating to
antidiscrimination in employment; (10) chapter 39.24 RCW
relating to the use of Washington commodities; and (11)
[Title 35A RCW—page 54]
chapter 39.28 RCW relating to emergency public works.
[1995 c 164 § 2; 1987 c 185 § 4; 1983 c 3 § 65; 1967 ex.s.
c 119 § 35A.40.200.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
35A.40.210 Public work contracts or purchases—
Procedures. Procedures for any public work or improvement contracts or purchases for code cities shall be governed
by the following statutes, as indicated:
(1) For code cities of twenty thousand population or
over, RCW 35.22.620; and
(2) For code cities under twenty thousand population;
RCW 35.23.352. [1989 c 11 § 8; 1979 ex.s. c 89 § 3.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Chapter 35A.41
PUBLIC EMPLOYMENT
Sections
35A.41.010 Retirement and pension systems for code cities having a
population of more than twenty thousand.
35A.41.020 Public employment and civil service.
35A.41.030 City contracts to obtain sheriff’s office law enforcement
services.
35A.41.010 Retirement and pension systems for
code cities having a population of more than twenty
thousand. A code city having a population of more than
twenty thousand inhabitants, or having been classed theretofore as a city of the first class may exercise all of the
powers relating to retirement and pension systems for employees as authorized by RCW 35A.11.020 and by chapter
41.28 RCW in accordance with the procedures prescribed
therein and subject to the limitations and penalties thereof.
[1967 ex.s. c 119 § 35A.41.010.]
35A.41.020 Public employment and civil service.
Except as otherwise provided in this title, the general
provisions relating to public employment, including hospitalization and medical aid as provided in chapter 41.04
RCW, and the application of federal social security for
public employees, the acceptance of old age and survivors
insurance as provided in chapters 41.47 and 41.48 RCW,
military leave as provided in RCW 38.40.060, self-insurance
as provided in chapter 48.62 RCW, the application of industrial insurance as provided in Title 51 RCW, and chapter
43.101 RCW relating to training of law enforcement officers,
shall apply to code cities. Any code city may retain any
civil service system theretofore in effect in such city and
may adopt any system of civil service which would be
available to any class of city under general law. [1991 sp.s.
c 30 § 20; 1983 c 3 § 66; 1967 ex.s. c 119 § 35A.41.020.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Political activities of public employees: RCW 41.06.250.
35A.41.030 City contracts to obtain sheriff’s office
law enforcement services. See RCW 41.14.250 through
41.14.280.
(2002 Ed.)
Public Officers and Agencies, Meetings, Duties and Powers
Chapter 35A.42
PUBLIC OFFICERS AND AGENCIES, MEETINGS,
DUTIES AND POWERS
Sections
35A.42.010 City treasurer—Miscellaneous authority and duties.
35A.42.020 Qualification, removal, code of ethics, duties.
35A.42.030 Continuity of government—Enemy attack.
35A.42.040 City clerks and controllers.
35A.42.050 Public officers and employees—Conduct.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
35A.42.010 City treasurer—Miscellaneous authority
and duties. In addition to authority granted and duties
imposed upon code city treasurers by this title, code city
treasurers, or the officers designated by charter or ordinance
to perform the duties of a treasurer, shall have the duties and
the authority to perform the following: (1) As provided in
RCW 8.12.500 relating to bonds and compensation payments
in eminent domain proceedings; (2) as provided in RCW
68.52.050 relating to cemetery improvement funds; (3) as
provided in RCW 41.28.080 relating to custody of
employees’ retirement funds; (4) as provided in RCW
47.08.100 relating to the use of city street funds; (5) as
provided in RCW 46.68.080 relating to motor vehicle funds;
(6) as provided in RCW 41.16.020 and chapter 41.20 RCW
relating to police and firemen’s relief and pension boards;
(7) as provided in chapter 42.20 RCW relating to misappropriation of funds; and (8) as provided in chapter 39.60 RCW
relating to investment of municipal funds. The treasurer
shall be subject to the penalties imposed for the violation of
any of such provisions. Where a provision of this title, or
the general law, names the city treasurer as an officer of a
board or other body, or assigns duties to a city treasurer,
such position shall be filled, or such duties performed, by the
officer of a code city who is performing the duties usually
performed by a city treasurer, although he may not have that
designation. [1987 c 331 § 78; 1984 c 258 § 320; 1967 ex.s.
c 119 § 35A.42.010.]
Effective date—1987 c 331: See RCW 68.05.900.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
35A.42.020 Qualification, removal, code of ethics,
duties. Except as otherwise provided in this title, every
elective and appointive officer and all employees of code
cities shall: (1) Be possessed of the qualifications and be
subject to forfeiture of office, impeachment or removal and
recall as provided in chapter 42.04 RCW and RCW
9.81.040; and (2) provide official bonds in accordance with
the requirements of this title, and as required in compliance
with chapters 42.08 and 48.28 RCW.
When vacancies in public offices in code cities shall
occur the term of a replacement officer shall be fixed as
provided in chapter 42.12 RCW. A public officer charged
with misconduct as defined in chapter 42.20 RCW, shall be
charged and, upon conviction, punished as provided for such
misconduct in chapter 42.20 RCW. The officers and
employees of code cities shall be guided and governed by
the code of ethics as provided in chapter 42.23 RCW.
Vouchers for the payment of public funds and the provisions
(2002 Ed.)
Chapter 35A.42
for certifying the same shall be as provided in chapter 42.24
RCW. The meetings of any board, agency, or commission
of a code city shall be open to the public to the extent and
notice given in the manner required by chapter 42.32 RCW.
[1967 ex.s. c 119 § 35A.42.020.]
Reviser’s note: RCW 42.32.010 and 42.32.020 were repealed by
1971 ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW.
Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment
8); chapter 29.82 RCW.
Residence qualifications of officials and employees: RCW 35.21.200.
35A.42.030 Continuity of government—Enemy
attack. In the event that the mayor, manager or other chief
executive officer of any code city is unavailable by reason
of enemy attack to exercise the powers and to discharge the
duties of his office, his successor or substitute shall be
selected in the manner provided by RCW 42.14.050 subject
to rules and regulations providing for the appointment of
temporary interim successors adopted under RCW 42.14.070.
[1967 ex.s. c 119 § 35A.42.030.]
35A.42.040 City clerks and controllers. In addition
to any specific enumeration of duties of city clerks in a code
city’s charter or ordinances, and without limiting the generality of RCW 35A.21.030 of this title, the clerks of all code
cities shall perform the following duties in the manner
prescribed, to wit: (1) Certification of city streets as part of
the highway system in accordance with the provisions of
RCW 47.24.010; (2) perform the functions of a member of
a firemen’s pension board as provided by RCW 41.16.020;
(3) keep a record of ordinances of the city and provide
copies thereof as authorized by RCW 5.44.080; (4) serve as
applicable the trustees of any police relief and pension board
as authorized by RCW 41.20.010; and (5) serve as secretarytreasurer of volunteer fire fighters’ relief and pension boards
as provided in RCW 41.24.060. [1991 c 81 § 39; 1967 ex.s.
c 119 § 35A.42.040.]
Effective date—1991 c 81: See note following RCW 29.85.010.
35A.42.050 Public officers and employees—
Conduct. In addition to provisions of general law relating
to public officials and others in public administration,
employment or public works, the duties and conduct of such
officers and other persons shall be governed by: (1) Chapter
9A.68 RCW relating to bribery of a public officer; (2)
Article II, section 30 of the Constitution of the state of
Washington relating to bribery or corrupt solicitation; (3)
RCW 35.17.150 relating to misconduct in code cities having
a commission form of government; (4) chapter 42.23 RCW
in regard to interest in contracts; (5) chapter 29.85 RCW
relating to misconduct in connection with elections; (6)
RCW 49.44.060 and *49.44.070 relating to grafting by
employees; (7) RCW 49.44.020 and 49.44.030 relating to the
giving or solicitation of a bribe to a labor representative; (8)
chapter 42.20 RCW relating to misconduct of a public
officer; (9) RCW 49.52.050 and 49.52.090 relating to
rebating by employees; and (10) chapter 9.18 RCW relating
to bribery and grafting. [1983 c 3 § 67; 1967 ex.s. c 119 §
35A.42.050.]
*Reviser’s note: RCW 49.44.070 was repealed by 1995 c 285 § 37,
effective July 1, 1995.
[Title 35A RCW—page 55]
Chapter 35A.43
Title 35A RCW: Optional Municipal Code
Chapter 35A.43
LOCAL IMPROVEMENTS IN CODE CITIES
Sections
35A.43.010 General law applicable to code cities.
35A.43.020 Public lands subject to local assessments.
35A.43.010 General law applicable to code cities.
Chapters 35.43, 35.44, 35.45, 35.47, 35.48, 35.49, 35.50,
35.53, 35.54, 35.55, and 35.56 RCW all relating to municipal
local improvements and made applicable to all incorporated
cities and towns by RCW 35.43.030 are hereby recognized
as applicable to all code cities, and the provisions thereof
shall supersede the provisions of any charter of a charter
code city inconsistent therewith. The provisions of the
chapters named in this section shall be effective as to charter
code cities to the same extent as such provisions are effective as to cities of the first class, and all code cities may
exercise, in the manner provided, any authority therein
granted to any class of city. [1967 ex.s. c 119 §
35A.43.010.]
Local improvements, supplemental authority: Chapter 35.51 RCW.
35A.43.020 Public lands subject to local assessments. In addition to the authority provided by chapter
35.44 RCW, and chapter 79.44 RCW, a code city may assess
public lands for the cost of local improvements specially
benefiting such lands. [1967 ex.s. c 119 § 35A.43.020.]
Chapter 35A.44
CENSUS
Sections
35A.44.010 Population determination.
35A.44.010 Population determination. The population of code cities shall be determined for specific purposes
in accordance with any express provision of state law
relating thereto. Where no express provision is made, the
provisions of RCW 43.41.110(7) relating to the office of
financial management and the provisions of RCW 35.13.260
shall govern. [1979 ex.s. c 18 § 32; 1979 c 151 § 36; 1967
ex.s. c 119 § 35A.44.010.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
Chapter 35A.46
MOTOR VEHICLES
Sections
35A.46.010 State law applicable.
35A.46.010 State law applicable. The provisions of
Title 46 of the Revised Code of Washington relating to
regulation of motor vehicles shall be applicable to code
cities, its officers and employees to the same extent as such
provisions grant powers and impose duties upon cities of any
class, their officers and agents, including without limitation
the following: (1) Authority to provide for angle parking on
certain city streets designated as forming a route of a
primary state highway as authorized in RCW 46.61.575; (2)
[Title 35A RCW—page 56]
application of city police regulations to port districts as
authorized by RCW 53.08.230; (3) authority to establish
local regulations relating to city streets forming a part of the
state highway system as authorized by RCW 46.44.080; (4)
authority to install and operate a station for the inspection of
vehicle equipment in conformity with rules, regulations,
procedure and standards prescribed by the Washington state
patrol as authorized under *RCW 46.32.030; (5) exemption
from the payment of license fees for city owned vehicles as
authorized by RCW 46.16.020 and 46.16.290; (6) authority
to establish traffic schools as provided by chapter 46.83
RCW; and (7) authority to enforce the provisions of RCW
81.48.050 relating to railroad crossings. [1967 ex.s. c 119
§ 35A.46.010.]
*Reviser’s note: RCW 46.32.030 was repealed by 1986 c 123 § 7.
Chapter 35A.47
HIGHWAYS AND STREETS
Sections
35A.47.010 Highways, granting land for.
35A.47.020 Streets—Acquisition, standards of design, use, vacation and
abandonment—Funds.
35A.47.030 Public highways—Acquisition, agreements, transfers, regulations.
35A.47.040 Franchises and permits—Streets and public ways.
Contracts for street improvements: Chapter 35.72 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
35A.47.010 Highways, granting land for. A code
city may exercise the powers relating to granting of property
for state highway purposes as authorized by RCW 47.12.040
in accordance with the procedures therein prescribed. [1967
ex.s. c 119 § 35A.47.010.]
35A.47.020 Streets—Acquisition, standards of
design, use, vacation and abandonment—Funds. The
designation of code city streets as a part of the state highway
system, the jurisdiction and control of such streets, the
procedure for acquisition or abandonment of rights of way
for city streets and state highways, and the sale or lease of
state highway land or toll facility to a code city, the requirements for accounting and expenditure of street funds, and the
authority for contracting for the construction, repair and
maintenance of streets by the state or county shall be the
same as is provided in RCW 36.75.090, chapters 47.08,
47.12, 47.24 and 47.56 RCW, and the regulation of signs
thereon as provided in chapter 47.42 RCW. Code cities
shall be regulated in the acquisition, construction, maintenance, use and vacation of alleys, city streets, parkways,
boulevards and sidewalks and in the design standards
therefor as provided in chapters 35.68 through 35.79, 35.85,
and 35.86 RCW and RCW 79.93.010 relating to dedication
of tidelands and shorelands to public use and in the use of
state shared funds as provided by general law. [1983 c 3 §
68; 1967 ex.s. c 119 § 35A.47.020.]
35A.47.030 Public highways—Acquisition, agreements, transfers, regulations. The provisions of Title 47
RCW shall apply to code cities, its officers and employees
to the same extent as such provisions are applicable to any
(2002 Ed.)
Highways and Streets
other class of city within the state, including, without
limitation, the following: (1) The acquisition by the state of
municipal lands and the exchange of state highway and
municipal lands, as provided in chapter 47.12 RCW; (2) the
dedication of public land for city streets as provided by
RCW 36.34.290 and 36.34.300; (3) city contributions to
finance toll facilities as provided in RCW 47.56.250; (4)
contracts with the department of transportation, as provided
in RCW 47.01.210; (5) the construction, maintenance, jurisdiction, and control of city streets, as provided in chapter
47.24 RCW; (6) agreements between the department of
transportation and a city for the benefit or improvement of
highways, roads, or streets, as provided in RCW 47.28.140;
(7) sales, leases, or transfers as authorized by RCW
47.12.063, 47.12.066, and 47.12.080; (8) the erection of
information signs as regulated by RCW 47.42.050 and
47.42.060; (9) provisions relating to limited access highways
under chapter 47.52 RCW; (10) the acquisition and abandonment for state highways as provided by RCW 36.75.090
and 90.28.020; and (11) the sharing of maintenance of streets
and alleys as an extension of county roads as provided by
RCW 35.77.020. [1984 c 258 § 321; 1983 c 3 § 69; 1967
ex.s. c 119 § 35A.47.030.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
35A.47.040 Franchises and permits—Streets and
public ways. Every code city shall have authority to permit
and regulate under such restrictions and conditions as it may
set by charter or ordinance and to grant nonexclusive
franchises for the use of public streets, bridges or other
public ways, structures or places above or below the surface
of the ground for railroads and other routes and facilities for
public conveyances, for poles, conduits, tunnels, towers and
structures, pipes and wires and appurtenances thereof for
transmission and distribution of electrical energy, signals and
other methods of communication, for gas, steam and liquid
fuels, for water, sewer and other private and publicly owned
and operated facilities for public service. The power hereby
granted shall be in addition to the franchise authority granted
by general law to cities.
No ordinance or resolution granting any franchise in a
code city for any purpose shall be adopted or passed by the
city’s legislative body on the day of its introduction nor for
five days thereafter, nor at any other than a regular meeting
nor without first being submitted to the city attorney, nor
without having been granted by the approving vote of at
least a majority of the entire legislative body, nor without
being published at least once in a newspaper of general
circulation in the city before becoming effective.
The city council may require a bond in a reasonable
amount for any person or corporation obtaining a franchise
from the city conditioned upon the faithful performance of
the conditions and terms of the franchise and providing a
recovery on the bond in case of failure to perform the terms
and conditions of the franchise.
A code city may exercise the authority hereby granted,
notwithstanding a contrary limitation of any preexisting
charter provision. [1967 ex.s. c 119 § 35A.47.040.]
(2002 Ed.)
35A.47.030
Chapter 35A.49
LABOR AND SAFETY REGULATIONS
Sections
35A.49.010 Labor regulations—Safety regulations, discrimination in
employment, hours, wages.
35A.49.010 Labor regulations—Safety regulations,
discrimination in employment, hours, wages. Provisions
of state laws relating to labor and safety regulations as
provided in Title 49 RCW shall apply to code cities to the
same extent as such laws apply to other classes of cities.
[1967 ex.s. c 119 § 35A.49.010.]
Chapter 35A.56
LOCAL SERVICE DISTRICTS
Sections
35A.56.010 Laws relating to special service districts, application to code
cities.
35A.56.010 Laws relating to special service districts,
application to code cities. Except as otherwise provided in
this title, state laws relating to special service or taxing
districts shall apply to, grant powers, and impose duties upon
code cities and their officers to the same extent as such laws
apply to and affect other classes of cities and towns and their
employees, including, without limitation, the following: (1)
Chapter 70.94 RCW, relating to air pollution control; (2)
chapter 68.52 RCW, relating to cemetery districts; (3)
chapter 29.68 RCW, relating to congressional districts; (4)
chapters 14.07 and 14.08 RCW, relating to municipal airport
districts; (5) chapter 36.88 RCW, relating to county road
improvement districts; (6) Title 85 RCW, relating to diking
districts, drainage districts, and drainage improvement
districts; (7) *chapter 36.54 RCW, relating to ferry districts;
(8) Title 52 RCW, relating to fire protection districts; (9)
Title 86 RCW, relating to flood control districts and flood
control; (10) chapter 70.46 RCW, relating to health districts;
(11) chapters 87.03 through 87.84 and 89.12 RCW, relating
to irrigation districts; (12) chapter 35.61 RCW, relating to
metropolitan park districts; (13) chapter 35.58 RCW, relating
to metropolitan municipalities; (14) chapter 17.28 RCW,
relating to mosquito control districts; (15) chapter 17.12
RCW, relating to agricultural pest districts; (16) Title 53
RCW, relating to port districts; (17) chapter 70.44 RCW,
relating to public hospital districts; (18) Title 54 RCW,
relating to public utility districts; (19) chapter 91.08 RCW,
relating to public waterway districts; (20) chapter 89.12
RCW, relating to reclamation districts; (21) chapters 57.02
through 57.36 RCW, relating to water-sewer districts; and
(22) chapter 17.04 RCW, relating to weed districts. [1996
c 230 § 1605; 1987 c 331 § 79; 1979 ex.s. c 30 § 2; 1967
ex.s. c 119 § 35A.56.010.]
*Reviser’s note: Chapter 36.54 RCW relates to county-owned ferries.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Effective date—1987 c 331: See RCW 68.05.900.
[Title 35A RCW—page 57]
Chapter 35A.57
Title 35A RCW: Optional Municipal Code
Chapter 35A.57
INCLUSION OF CODE CITIES IN
METROPOLITAN MUNICIPAL CORPORATIONS
Sections
35A.57.020 Metropolitan municipal corporations—May be formed
around charter code city.
35A.57.020 Metropolitan municipal corporations—
May be formed around charter code city. Any area of the
state containing two or more cities, at least one of which is
a code city having at least ten thousand population, may
organize as a metropolitan municipal corporation. The
presence in such area of a code city having at least ten
thousand population, shall fulfill the requirement of RCW
35.58.030 as to the class of city required to be included in
an area incorporating as a metropolitan municipal corporation. [1967 ex.s. c 119 § 35A.57.020.]
Chapter 35A.58
BOUNDARIES AND PLATS
Sections
35A.58.010 Locating corners and boundaries.
35A.58.020 Alteration and vacation of plats.
35A.58.030 Platting and subdivision of land.
35A.58.010 Locating corners and boundaries.
General laws shall govern the methods, procedures, and
standards for surveying, establishing corners and boundaries,
describing and perpetuating and recording information and
descriptions relating thereto. The boundaries and corners of
sections, parcels, plats, and subdivisions of land within a
code city, may be surveyed, established, relocated, and
perpetuated whenever a majority of the resident owners of
any section or part or parts of any section of land within the
city makes application in accordance with the provisions of
chapter 58.04 RCW. [1967 ex.s. c 119 § 35A.58.010.]
35A.58.020 Alteration and vacation of plats. The
provisions of *chapters 58.11 and 58.12 RCW shall apply in
appropriate cases to the alteration or vacation of plats
including land or lots within a code city or the vacation of
streets therein as provided in chapter 35.79 RCW. The
vacation of waterways within a code city shall be governed
by the provisions of **chapter 79.16 RCW. [1967 ex.s. c
119 § 35A.58.020.]
Reviser’s note: *(1) Chapters 58.11 and 58.12 RCW were repealed
by 1987 c 354 § 8.
**(2) Chapter 79.16 RCW was repealed by 1982 1st ex.s. c 21 § 183.
For later enactment, see chapters 79.90 through 79.96 RCW.
35A.58.030 Platting and subdivision of land. The
provisions of chapter 58.17 RCW together with the provisions of a code city’s subdivision regulations as adopted by
ordinance not inconsistent with the provisions of chapter
58.17 RCW shall control the platting and subdividing of land
into lots or tracts comprising five or more of such lots or
tracts or containing a dedication of any part thereof as a
public street or highway, or other public place or use:
PROVIDED, That nothing herein shall prohibit the legisla[Title 35A RCW—page 58]
tive body of a code city from adopting reasonable ordinances
regulating the subdivision of land into two or more parcels
without requiring compliance with all of the requirements of
the platting law. [1983 c 3 § 70; 1971 ex.s. c 251 § 9; 1967
ex.s. c 119 § 35A.58.030.]
Severability—1971 ex.s. c 251: See RCW 35A.90.050.
Chapter 35A.60
LIENS
Sections
35A.60.010 General law applicable.
35A.60.010 General law applicable. The general law
relating to liens including but not limited to the provisions
of Title 60 RCW, as the same relates to cities of any class
shall apply to code cities. Every code city may exercise the
authority to perform services to property within the city and
to claim and foreclose liens allowed therefor by general laws
for any class of city including but not limited to the following provisions: (1) Chapter 35.80 RCW, relating to unfit
dwellings, buildings and structures; (2) RCW 35.22.320,
relating to the cost of filling cesspools; (3) RCW 35.85.030,
relating to assessment liens for viaducts, elevated roadways,
tunnels, and subways; (4) RCW 35.21.130, 35.21.140,
35.21.150, and 35.22.320 for garbage collection; (5) chapters
35.50, 35.55 and 35.56 RCW relating to enforcement of
local improvement liens; (6) RCW 35.73.050 relating to the
expense of sanitary fills; (7) RCW 35.67.200 through
35.67.290, relating to sewerage systems and service; (8)
RCW 35.68.070, 35.69.030, 35.70.090, relating to sidewalks;
(9) RCW *35.49.120 through 35.49.160, relating to priority
of tax liens; (10) RCW 35.21.290 and 35.21.300, providing
for liens for utility services; (11) chapter 84.60 RCW
relating to lien of taxes upon property; (12) RCW 4.16.030,
relating to foreclosure of local improvement liens; (13)
chapter 60.76 RCW, relating to lien of employees for
contribution to benefit plans; and (14) chapter 60.28 RCW,
relating to lien for labor and materials on public works.
[1967 ex.s. c 119 § 35A.60.010.]
*Reviser’s note: RCW 35.49.120 was repealed by 1994 c 301 § 57.
Chapter 35A.63
PLANNING AND ZONING IN CODE CITIES
Sections
35A.63.010 Definitions.
35A.63.015 "Solar energy system" defined.
35A.63.020 Planning agency—Creation—Powers and duties—Conflicts
of interest.
35A.63.030 Joint meetings and cooperative action.
35A.63.040 Regional planning.
35A.63.050 Receipt and expenditure of funds.
35A.63.060 Comprehensive plan—General.
35A.63.061 Comprehensive plan—Required elements.
35A.63.062 Comprehensive plan—Optional elements.
35A.63.070 Comprehensive plan—Notice and hearing.
35A.63.071 Comprehensive plan—Forwarding to legislative body.
35A.63.072 Comprehensive plan—Approval by legislative body.
35A.63.073 Comprehensive plan—Amendments and modifications.
35A.63.080 Comprehensive plan—Effect.
35A.63.100 Municipal authority.
(2002 Ed.)
Planning and Zoning in Code Cities
35A.63.105 Development regulations—Consistency with comprehensive
plan.
35A.63.110 Board of adjustment—Creation—Powers and duties.
35A.63.120 Administration and enforcement.
35A.63.130 Provisions inconsistent with charters.
35A.63.140 Duties and responsibilities imposed by other acts.
35A.63.145 Prohibitions on manufactured homes—Review required—
"Designated manufactured home" defined.
35A.63.149 Residential care facilities—Review of need and demand—
Adoption of ordinances.
35A.63.150 Public hearings.
35A.63.152 Public notice—Identification of affected property.
35A.63.160 Construction—1967 ex.s. c 119.
35A.63.170 Hearing examiner system—Adoption authorized—
Alternative—Functions—Procedures.
35A.63.200 Conformance with chapter 43.97 RCW required.
35A.63.210 Child care facilities—Review of need and demand—
Adoption of ordinances.
35A.63.215 Family day-care provider’s home facility—City may not
prohibit in residential or commercial area.
35A.63.220 Moratoria, interim zoning controls—Public hearing—
Limitation on length.
35A.63.230 Accessory apartments.
35A.63.240 Treatment of residential structures occupied by persons with
handicaps.
35A.63.250 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
35A.63.260 Planning regulations—Copies provided to county assessor.
35A.63.270 General aviation airports.
35A.63.280 Conditional and special use permit applications by parties
licensed or certified by the department of social and
health services or the department of corrections—
Mediation prior to appeal required.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by cities: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
35A.63.010 Definitions. The following words or
terms as used in this chapter shall have the meanings set
forth below unless different meanings are clearly indicated
by the context:
(1) "Chief administrative officer" means the mayor in
code cities operating under the mayor-council and commission forms, the city manager in code cities operating under
the council-manager forms, or such other officer as the
charter of a charter code city designates as the chief administrative officer.
(2) "City" means an incorporated city or town.
(3) "Code city" is used where the application of this
chapter is limited to a code city; where joint, regional, or
cooperative action is intended, a code city may be included
in the unrestricted terms "city" or "municipality".
(4) "Comprehensive plan" means the policies and
proposals approved by the legislative body as set forth in
RCW 35A.63.060 through 35A.63.072 of this chapter and
containing, at least, the elements set forth in RCW
35A.63.061.
(5) "Legislative body" means a code city council, a code
city commission, and, in cases involving regional or cooperative planning or action, the governing body of a municipality.
(2002 Ed.)
Chapter 35A.63
(6) "Municipality" includes any code city and, in cases
of regional or cooperative planning or action, any city, town,
township, county, or special district.
(7) "Ordinance" means a legislative enactment by the
legislative body of a municipality; in this chapter "ordinance"
is synonymous with the term "resolution" when "resolution"
is used as representing a legislative enactment.
(8) "Planning agency" means any person, body, or
organization designated by the legislative body to perform a
planning function or portion thereof for a municipality, and
includes, without limitation, any commission, committee,
department, or board together with its staff members,
employees, agents, and consultants.
(9) "Special district" means that portion of the state,
county, or other political subdivision created under general
law for rendering of one or more local public services or for
administrative, educational, judicial, or political purposes.
[1967 ex.s. c 119 § 35A.63.010.]
35A.63.015 "Solar energy system" defined. As used
in this chapter, "solar energy system" means any device or
combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in
addition to the collection of solar energy. These uses
include, but are not limited to, serving as a structural
member or part of a roof of a building or structure and
serving as a window or wall. [1979 ex.s. c 170 § 6.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy
systems: RCW 64.04.140.
35A.63.020 Planning agency—Creation—Powers
and duties—Conflicts of interest. By ordinance a code city
may create a planning agency and provide for its membership, organization, and expenses. The planning agency shall
serve in an advisory capacity to the chief administrative
officer or the legislative body, or both, as may be provided
by ordinance and shall have such other powers and duties as
shall be provided by ordinance. If any person or persons on
a planning agency concludes that he has a conflict of interest
or an appearance of fairness problem with respect to a matter
pending before the agency so that he cannot discharge his
duties on such an agency, he shall disqualify himself from
participating in the deliberations and the decision-making
process with respect to the matter. If this occurs, the appointing authority that appoints such a person may appoint
a person to serve as an alternate on the agency to serve in
his stead in regard to such a matter. [1979 ex.s. c 18 § 33;
1967 ex.s. c 119 § 35A.63.020.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.63.030 Joint meetings and cooperative action.
Pursuant to the authorization of the legislative body, a code
city planning agency may hold joint meetings with one or
more city or county planning agencies (including city or
[Title 35A RCW—page 59]
35A.63.030
Title 35A RCW: Optional Municipal Code
county planning agencies in adjoining states) in any combination and may contract with another municipality for
planning services. A code city may enter into cooperative
arrangements with one or more municipalities and with any
regional planning council organized under this chapter for
jointly engaging a planning director and such other employees as may be required to operate a joint planning staff.
[1969 ex.s. c 81 § 5; 1967 ex.s. c 119 § 35A.63.030.]
Effective date—1969 ex.s. c 81: See note following RCW
35A.13.035.
35A.63.040 Regional planning. A code city with one
or more municipalities within a region, otherwise authorized
by law to plan, including municipalities of adjoining states,
when empowered by ordinances of their respective legislative bodies, may cooperate to form, organize, and administer
a regional planning commission to prepare a comprehensive
plan and perform other planning functions for the region
defined by agreement of the respective municipalities. The
various agencies may cooperate in all phases of planning,
and professional staff may be engaged to assist in such
planning. All costs shall be shared on a pro rata basis as
agreed among the various entities. A code city may also
cooperate with any department or agency of a state government having planning functions. [1969 ex.s. c 81 § 6; 1967
ex.s. c 119 § 35A.63.040.]
Effective date—1969 ex.s. c 81: See note following RCW
35A.13.035.
35A.63.050 Receipt and expenditure of funds. Any
code city or any regional planning commission that includes
a code city, when authorized by the legislative bodies of the
municipalities represented by the regional planning commission, may enter into an agreement with any department or
agency of the government of the United States or the state
of Washington, or its agencies or political subdivisions, or
any other public or private agency, to arrange for the receipt
and expenditure of funds for planning in the interest of
furthering the planning program. [1967 ex.s. c 119 §
35A.63.050.]
35A.63.060 Comprehensive plan—General. Every
code city, by ordinance, shall direct the planning agency to
prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and
building uses of the code city and its environs. The comprehensive plan may be prepared as a whole or in successive
parts. The plan should integrate transportation and land use
planning. [2002 c 189 § 2; 1967 ex.s. c 119 § 35A.63.060.]
35A.63.061 Comprehensive plan—Required elements. The comprehensive plan shall be in such form and
of such scope as the code city’s ordinance or charter may
require. It may consist of a map or maps, diagrams, charts,
reports and descriptive and explanatory text or other devices
and materials to express, explain, or depict the elements of
the plan; and it shall include a recommended plan, scheme,
or design for each of the following elements:
(1) A land-use element that designates the proposed
general distribution, general location, and extent of the uses
of land. These uses may include, but are not limited to,
[Title 35A RCW—page 60]
agricultural, residential, commercial, industrial, recreational,
educational, public, and other categories of public and
private uses of land. The land-use element shall also include
estimates of future population growth in, and statements of
recommended standards of population density and building
intensity for, the area covered by the comprehensive plan.
The land use element shall also provide for protection of the
quality and quantity of ground water used for public water
supplies and shall review drainage, flooding, and storm water
run-off in the area and nearby jurisdictions and provide
guidance for corrective actions to mitigate or cleanse those
discharges that pollute Puget Sound or waters entering Puget
Sound.
(2) A circulation element consisting of the general
location, alignment, and extent of existing and proposed
major thoroughfares, major transportation routes, and major
terminal facilities, all of which shall be correlated with the
land-use element of the comprehensive plan. [1985 c 126 §
2; 1984 c 253 § 2; 1967 ex.s. c 119 § 35A.63.061.]
35A.63.062 Comprehensive plan—Optional elements. The comprehensive plan may include also any or all
of the following optional elements:
(1) A conservation element for the conservation,
development, and utilization of natural resources.
(2) An open space, park, and recreation element.
(3) A transportation element showing a comprehensive
system of surface, air, and water transportation routes and
facilities.
(4) A public-use element showing general locations,
designs, and arrangements of public buildings and uses.
(5) A public utilities element showing general plans for
public and franchised services and facilities.
(6) A redevelopment or renewal element showing plans
for the redevelopment or renewal of slum and blighted areas.
(7) An urban design element for general organization of
the physical parts of the urban landscape.
(8) Other elements dealing with subjects that, in the
opinion of the legislative body, relate to the development of
the municipality, or are essential or desirable to coordinate
public services and programs with such development.
(9) A solar energy element for encouragement and
protection of access to direct sunlight for solar energy
systems. [1979 ex.s. c 170 § 7; 1967 ex.s. c 119 §
35A.63.062.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35A.63.070 Comprehensive plan—Notice and
hearing. After preparing the comprehensive plan, or
successive parts thereof, as the case may be, the planning
agency shall hold at least one public hearing on the comprehensive plan or successive part. Notice of the time, place,
and purpose of such public hearing shall be given as
provided by ordinance and including at least one publication
in a newspaper of general circulation delivered in the code
city and in the official gazette, if any, of the code city, at
least ten days prior to the date of the hearing. Continued
hearings may be held at the discretion of the planning
agency but no additional notices need be published. [1967
ex.s. c 119 § 35A.63.070.]
(2002 Ed.)
Planning and Zoning in Code Cities
35A.63.071 Comprehensive plan—Forwarding to
legislative body. Upon completion of the hearing or
hearings on the comprehensive plan or successive parts
thereof, the planning agency, after making such changes as
it deems necessary following such hearing, shall transmit a
copy of its recommendations for the comprehensive plan, or
successive parts thereof, to the legislative body through the
chief administrative officer, who shall acknowledge receipt
thereof and direct the clerk to certify thereon the date of
receipt. [1967 ex.s. c 119 § 35A.63.071.]
35A.63.072 Comprehensive plan—Approval by
legislative body. Within sixty days from its receipt of the
recommendation for the comprehensive plan, as above set
forth, the legislative body at a public meeting shall consider
the same. The legislative body within such period as it may
by ordinance provide, shall vote to approve or disapprove or
to modify and approve, as modified, the comprehensive plan
or to refer it back to the planning agency for further proceedings, in which case the legislative body shall specify the
time within which the planning agency shall report back to
the legislative body its findings and recommendations on the
matters referred to it. The final form and content of the
comprehensive plan shall be determined by the legislative
body. An affirmative vote of not less than a majority of
total members of the legislative body shall be required for
adoption of a resolution to approve the plan or its parts. The
comprehensive plan, or its successive parts, as approved by
the legislative body, shall be filed with an appropriate
official of the code city and shall be available for public
inspection. [1967 ex.s. c 119 § 35A.63.072.]
35A.63.073 Comprehensive plan—Amendments and
modifications. All amendments, modifications, or alterations in the comprehensive plan or any part thereof shall be
processed in the same manner as set forth in RCW
35A.63.070 through 35A.63.072. [1967 ex.s. c 119 §
35A.63.073.]
35A.63.080 Comprehensive plan—Effect. From the
date of approval by the legislative body the comprehensive
plan, its parts and modifications thereof, shall serve as a
basic source of reference for future legislative and administrative action: PROVIDED, That the comprehensive plan
shall not be construed as a regulation of property rights or
land uses: PROVIDED, FURTHER, That no procedural
irregularity or informality in the consideration, hearing, and
development of the comprehensive plan or a part thereof, or
any of its elements, shall affect the validity of any zoning
ordinance or amendment thereto enacted by the code city
after the approval of the comprehensive plan.
The comprehensive plan shall be consulted as a preliminary to the establishment, improvement, abandonment, or
vacation of any street, park, public way, public building, or
public structure, and no dedication of any street or other area
for public use shall be accepted by the legislative body until
the location, character, extent, and effect thereof shall have
been considered by the planning agency with reference to the
comprehensive plan. The legislative body shall specify the
time within which the planning agency shall report and make
a recommendation with respect thereto. Recommendations
(2002 Ed.)
35A.63.071
of the planning agency shall be advisory only. [1967 ex.s.
c 119 § 35A.63.080.]
35A.63.100 Municipal authority. After approval of
the comprehensive plan, as set forth above, the legislative
body, in developing the municipality and in regulating the
use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to
such extent as the legislative body deems necessary or
appropriate. Such ordinances or other action may provide
for:
(1) Adoption of an official map and regulations relating
thereto designating locations and requirements for one or
more of the following: Streets, parks, public buildings, and
other public facilities, and protecting such sites against
encroachment by buildings and other physical structures.
(2) Dividing the municipality, or portions thereof, into
appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use
of public and private land, buildings, and structures, and the
location, height, bulk, number of stories, and size of buildings and structures, size of yards, courts, open spaces,
density of population, ratio of land area to the area of
buildings and structures, setbacks, area required for off-street
parking, protection of access to direct sunlight for solar
energy systems, and such other standards, requirements,
regulations, and procedures as are appropriately related
thereto. The ordinance encompassing the matters of this
subsection is hereinafter called the "zoning ordinance". No
zoning ordinance, or amendment thereto, shall be enacted by
the legislative body without at least one public hearing,
notice of which shall be given as set forth in RCW
35A.63.070. Such hearing may be held before the planning
agency or the board of adjustment or such other body as the
legislative body shall designate.
(3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or
more parcels, including, but not limited to, the approval of
plats, dedications, acquisitions, improvements, and reservation of sites for public use.
(4) Scheduling public improvements on the basis of
recommended priorities over a period of years, subject to
periodic review.
(5) Such other matters as may be otherwise authorized
by law or as the legislative body deems necessary or
appropriate to effectuate the goals and objectives of the
comprehensive plan or parts thereof and the purposes of this
chapter. [1979 ex.s. c 170 § 8; 1967 ex.s. c 119 §
35A.63.100.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
35A.63.105 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each code city that does not plan
under RCW 36.70A.040 shall not be inconsistent with the
city’s comprehensive plan. For the purposes of this section,
"development regulations" has the same meaning as set forth
in RCW 36.70A.030. [1990 1st ex.s. c 17 § 23.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
[Title 35A RCW—page 61]
35A.63.110
Title 35A RCW: Optional Municipal Code
35A.63.110 Board of adjustment—Creation—
Powers and duties. A code city which pursuant to this
chapter creates a planning agency and which has twenty-five
hundred or more inhabitants, by ordinance, shall create a
board of adjustment and provide for its membership, terms
of office, organization, jurisdiction. A code city which
pursuant to this chapter creates a planning agency and which
has a population of less than twenty-five hundred may, by
ordinance, similarly create a board of adjustment. In the
event a code city with a population of less than twenty-five
hundred creates a planning agency, but does not create a
board of adjustment, the code city shall provide that the city
legislative authority shall itself hear and decide the items
listed in subdivisions (1), (2), and (3) of this section. The
action of the board of adjustment shall be final and conclusive, unless, within twenty-one days from the date of the action, the original applicant or an adverse party makes
application to the superior court for the county in which that
city is located for a writ of certiorari, a writ of prohibition,
or a writ of mandamus. No member of the board of adjustment shall be a member of the planning agency or the
legislative body. Subject to conditions, safeguards, and
procedures provided by ordinance, the board of adjustment
may be empowered to hear and decide:
(1) Appeals from orders, recommendations, permits,
decisions, or determinations made by a code city official in
the administration or enforcement of the provisions of this
chapter or any ordinances adopted pursuant to it.
(2) Applications for variances from the terms of the
zoning ordinance, the official map ordinance or other landuse regulatory ordinances under procedures and conditions
prescribed by city ordinance, which among other things shall
provide that no application for a variance shall be granted
unless the board of adjustment finds:
(a) the variance shall not constitute a grant of special
privilege inconsistent with the limitation upon uses of other
properties in the vicinity and zone in which the property on
behalf of which the application was filed is located; and
(b) that such variance is necessary, because of special
circumstances relating to the size, shape, topography,
location, or surroundings of the subject property, to provide
it with use rights and privileges permitted to other properties
in the vicinity and in the zone in which the subject property
is located; and
(c) that the granting of such variance will not be
materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and zone in
which the subject property is situated.
(3) Applications for conditional-use permits, unless such
applications are to be heard and decided by the planning
agency. A conditional use means a use listed among those
classified in any given zone but permitted to locate only
after review as herein provided in accordance with standards
and criteria set forth in the zoning ordinance.
(4) Such other quasi judicial and administrative determinations as may be delegated by ordinance.
In deciding any of the matters referred to in subsections
(1), (2), (3), and (4) of this section, the board of adjustment
shall issue a written report giving the reasons for its decision. If a code city provides for a hearing examiner and
vests in him the authority to hear and decide the items listed
in subdivisions (1), (2), and (3) of this section pursuant to
[Title 35A RCW—page 62]
RCW 35A.63.170, then the provisions of this section shall
not apply to such a city. [2001 c 200 § 1; 1979 ex.s. c 18
§ 34; 1967 ex.s. c 119 § 35A.63.110.]
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.63.120 Administration and enforcement. In
order to carry into effect the purposes of this chapter,
administrative and enforcement responsibilities, other than
those set forth in RCW 35A.63.110, may be assigned by
ordinance to such departments, boards, officials, employees,
or agents as the legislative body deems appropriate. [1967
ex.s. c 119 § 35A.63.120.]
35A.63.130 Provisions inconsistent with charters.
Insofar as the provisions of an existing charter of a municipality are inconsistent with this chapter, a municipality may
exercise the authority, or any part thereof, granted by this
chapter notwithstanding the inconsistent provision of an
existing charter. [1967 ex.s. c 119 § 35A.63.130.]
35A.63.140 Duties and responsibilities imposed by
other acts. Any duties and responsibilities which by other
statutes are imposed upon a planning commission may, in a
code city, be performed by a planning agency, as provided
in this chapter. [1967 ex.s. c 119 § 35A.63.140.]
35A.63.145 Prohibitions on manufactured homes—
Review required—"Designated manufactured home"
defined. (1) Each comprehensive plan which does not allow
for the siting of manufactured homes on individual lots shall
be subject to a review by the city of the need and demand
for such homes. The review shall be completed by December 31, 1990.
(2) For the purpose of providing an optional reference
for cities which choose to allow manufactured homes on
individual lots, a "designated manufactured home" is a
manufactured home constructed after June 15, 1976, in
accordance with state and federal requirements for manufactured homes, which:
(a) Is comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty-six
feet long;
(b) Was originally constructed with and now has a
composition or wood shake or shingle, coated metal, or
similar roof of not less than 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding
materials commonly used on conventional site-built uniform
building code single-family residences.
(3) Nothing in this section precludes cities from allowing any manufactured home from being sited on individual
lots through local standards which differ from the designated
manufactured home as described in this section, except that
the term "designated manufactured home" shall not be used
except as defined in subsection (2) of this section. [1988 c
239 § 2.]
35A.63.149 Residential care facilities—Review of
need and demand—Adoption of ordinances. Each
municipality that does not provide for the siting of residential care facilities in zones or areas that are designated for
(2002 Ed.)
Planning and Zoning in Code Cities
single family or other residential uses, shall conduct a review
of the need and demand for the facilities, including the cost
of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990.
A copy of the findings, conclusions, and recommendations
resulting from the review shall be sent to the *department of
community development by September 30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 427 § 37.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
35A.63.150 Public hearings. The legislative body
may provide by ordinance for such additional public hearings
and notice thereof as it deems to be appropriate in connection with any action contemplated under this chapter.
[1967 ex.s. c 119 § 35A.63.150.]
35A.63.152 Public notice—Identification of affected
property. Any notice made under chapter 35A.63 RCW
that identifies affected property may identify this affected
property without using a legal description of the property
including, but not limited to, identification by an address,
written description, vicinity sketch, or other reasonable
means. [1988 c 168 § 10.]
35A.63.160 Construction—1967 ex.s. c 119. This
title is intended to implement and preserve to code cities all
powers authorized by Article XI, section 11 of the Constitution of the state of Washington and the provision of this title
shall not limit any code city from exercising its constitutionally granted power to plan for and to make and enforce
within its limits all such local police, sanitary, and other
regulations in the manner that its charter or ordinances may
provide. [1967 ex.s. c 119 § 35A.63.160.]
35A.63.170 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1) As
an alternative to those provisions of this chapter relating to
powers or duties of the planning commission to hear and
report on any proposal to amend a zoning ordinance, the
legislative body of a city may adopt a hearing examiner
system under which a hearing examiner or hearing examiners
may hear and decide applications for amending the zoning
ordinance when the amendment which is applied for is not
of general applicability. In addition, the legislative body
may vest in a hearing examiner the power to hear and decide
those issues it believes should be reviewed and decided by
a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications
for or pertaining to development of land or land use;
(2002 Ed.)
35A.63.149
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be
followed by a hearing examiner. If the legislative authority
vests in a hearing examiner the authority to hear and decide
variances, then the provisions of RCW 35A.63.110 shall not
apply to the city.
(2) Each city legislative body electing to use a hearing
examiner pursuant to this section shall by ordinance specify
the legal effect of the decisions made by the examiner. The
legal effect of such decisions may vary for the different
classes of applications decided by the examiner but shall
include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to
the legislative body; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be
in writing and shall include findings and conclusions, based
on the record, to support the decision. Such findings and
conclusions shall also set forth the manner in which the
decision would carry out and conform to the city’s comprehensive plan and the city’s development regulations. Each
final decision of a hearing examiner, unless a longer period
is mutually agreed to in writing by the applicant and the
hearing examiner, shall be rendered within ten working days
following conclusion of all testimony and hearings. [1995
c 347 § 424; 1994 c 257 § 7; 1977 ex.s. c 213 § 2.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
35A.63.200 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by
a city pursuant to this chapter shall be subject to and in
conformity with the requirements of chapter 43.97 RCW,
including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 7.]
35A.63.210 Child care facilities—Review of need
and demand—Adoption of ordinances. Each municipality
that does not provide for the siting of family day care homes
in zones or areas that are designated for single family or
other residential uses, and for the siting of mini-day care
centers and day care centers in zones or areas that are
designated for any residential or commercial uses, shall
conduct a review of the need and demand for child care
facilities, including the cost of any conditional or special use
permit that may be required. The review shall be completed
by August 31, 1990. A copy of the findings, conclusions,
and recommendations resulting from the review shall be sent
[Title 35A RCW—page 63]
35A.63.210
Title 35A RCW: Optional Municipal Code
to the *department of community development by September
30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 335 § 5.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35A.63.210: See RCW 35.63.170.
35A.63.215 Family day-care provider’s home
facility—City may not prohibit in residential or commercial area. No city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official
control, policy, or administrative practice which prohibits the
use of a residential dwelling, located in an area zoned for
residential or commercial use, as a family day-care
provider’s home facility.
A city may require that the facility: (1) Comply with
all building, fire, safety, health code, and business licensing
requirements; (2) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (3)
is certified by the office of child care policy licensor as
providing a safe passenger loading area; (4) include signage,
if any, that conforms to applicable regulations; and (5) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
A city may also require that the family day-care
provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the family day-care provider over licensing
requirements, the licensor may provide a forum to resolve
the dispute.
Nothing in this section shall be construed to prohibit a
city from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed
on other residential dwellings in the same zone and the
establishment of such facilities is not precluded. As used in
this section, "family day-care provider" is as defined in
RCW 74.15.020. [1995 c 49 § 2; 1994 c 273 § 16.]
35A.63.220 Moratoria, interim zoning controls—
Public hearing—Limitation on length. A legislative body
that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or
interim zoning ordinance, shall hold a public hearing on the
adopted moratorium or interim zoning ordinance within at
least sixty days of its adoption, whether or not the legislative
body received a recommendation on the matter from the
[Title 35A RCW—page 64]
planning agency. If the legislative body does not adopt
findings of fact justifying its action before this hearing, then
the legislative body shall do so immediately after this public
hearing. A moratorium or interim zoning ordinance adopted
under this section may be effective for not longer than six
months, but may be effective for up to one year if a work
plan is developed for related studies providing for such a
longer period. A moratorium of interim zoning ordinance
may be renewed for one or more six-month periods if a
subsequent public hearing is held and findings of fact are
made prior to each renewal. [1992 c 207 § 3.]
35A.63.230 Accessory apartments. Any local
government, as defined in RCW 43.63A.215, that is planning
under this chapter shall comply with RCW 43.63A.215(3).
[1993 c 478 § 9.]
35A.63.240 Treatment of residential structures
occupied by persons with handicaps. No city may enact
or maintain an ordinance, development regulation, zoning
regulation or official control, policy, or administrative
practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential
structure occupied by a family or other unrelated individuals.
As used in this section, "handicaps" are as defined in the
federal fair housing amendments act of 1988 (42 U.S.C. Sec.
3602). [1993 c 478 § 21.]
35A.63.250 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 shall be processed in
compliance with RCW 89.08.450 through 89.08.510. A fish
habitat enhancement project meeting the criteria of *RCW
75.20.350(1) shall be reviewed and approved according to
the provisions of *RCW 75.20.350. [1998 c 249 § 6; 1995
c 378 § 9.]
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
35A.63.260 Planning regulations—Copies provided
to county assessor. By July 31, 1997, a code city planning
under RCW 36.70A.040 shall provide to the county assessor
a copy of the code city’s comprehensive plan and development regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following
year. [1996 c 254 § 4.]
35A.63.270 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general
aviation airport are subject to RCW 36.70.547. [1996 c 239
§ 4.]
35A.63.280 Conditional and special use permit
applications by parties licensed or certified by the
department of social and health services or the department of corrections—Mediation prior to appeal required.
(2002 Ed.)
Planning and Zoning in Code Cities
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter
that is requested by a party that is licensed or certified by
the department of social and health services or the department of corrections is subject to mediation under RCW
35.63.260 before an appeal may be filed. [1998 c 119 § 2.]
Chapter 35A.64
PUBLIC PROPERTY, REAL AND PERSONAL
Sections
35A.64.010
35A.64.020
35A.64.180
35A.64.200
Acquisition of by conditional sales contracts.
Purchase of products made by blind.
Disinfection of property.
Eminent domain by cities.
35A.64.010 Acquisition of by conditional sales
contracts. A code city may exercise the powers relating to
acquisition of real or personal property under executory
conditional sales contracts as authorized by RCW 39.30.010.
[1967 ex.s. c 119 § 35A.64.010.]
35A.64.020 Purchase of products made by blind.
A code city may exercise the powers relating to the acquisition of products made by the blind as authorized by RCW
19.06.020. [1967 ex.s. c 119 § 35A.64.020.]
35A.64.180 Disinfection of property. Every code
city shall disinfect or destroy all infected trees or shrubs
growing upon public property within the city’s jurisdiction
and may expend city funds in carrying out the provisions of
this section, and shall otherwise be governed by the provisions of chapter 15.08 RCW relating to horticultural pests
and diseases. [1967 ex.s. c 119 § 35A.64.180.]
35A.64.200 Eminent domain by cities. A code city
may exercise all powers relating to eminent domain as
authorized by chapters 8.12 and 8.28 RCW in accordance
with the procedures therein prescribed and subject to any
limitations therein provided. [1967 ex.s. c 119 §
35A.64.200.]
Chapter 35A.65
PUBLICATION AND PRINTING
Sections
35A.65.010 Public printing.
35A.65.020 Publication of legal notice.
35A.65.010 Public printing. All printing, binding and
stationery work done for any code city shall be done within
the state and all proposals, requests and invitations to submit
bids, prices or contracts thereon and all contracts for such
work shall so stipulate subject to the limitations contained in
RCW 43.78.130 and 35.23.352. [1967 ex.s. c 119 §
35A.65.010.]
35A.65.020 Publication of legal notice. The publication of a legal notice required by general law or by a code
city ordinance shall be in a newspaper of general circulation
(2002 Ed.)
35A.63.280
within the city having the qualifications prescribed by
chapter 65.16 RCW and shall be governed by the provisions
thereof as the same relate to a city of any class. [1967 ex.s.
c 119 § 35A.65.020.]
Chapter 35A.66
HEALTH AND SAFETY—ALCOHOL
Sections
35A.66.010 Alcoholism—Standards for institutions.
35A.66.020 Liquors, local option on sale of—Enforcement of state laws,
sharing proceeds of liquor profits and excise tax.
35A.66.010 Alcoholism—Standards for institutions.
In addition to regulating the use of alcoholic beverages, a
code city may exercise the powers relating to prescribing
standards for institutions for treating alcoholism as authorized by RCW 71.12.550. [1967 ex.s. c 119 § 35A.66.010.]
35A.66.020 Liquors, local option on sale of—
Enforcement of state laws, sharing proceeds of liquor
profits and excise tax. The qualified electors of any code
city may petition for an election upon the question of
whether the sale of liquor shall be permitted within the
boundaries of such city as provided by chapter 66.40 RCW,
and shall be governed by the procedure therein, and may
regulate music, dancing and entertainment as authorized by
RCW 66.28.080: PROVIDED, That every code city shall
enforce state laws relating to the investigation and prosecution of all violations of Title 66 RCW relating to control of
alcoholic beverages and shall be entitled to retain the fines
collected therefrom as therein provided. Every code city
shall also share in the allocation and distribution of liquor
profits and excise as provided in RCW 82.08.170, 66.08.190,
and 66.08.210, and make reports of seizure as required by
RCW 66.32.090, and otherwise regulate by ordinances not in
conflict with state law or liquor board regulations. [1967
ex.s. c 119 § 35A.66.020.]
State liquor control board: Chapter 66.08 RCW.
Chapter 35A.67
RECREATION AND PARKS
Sections
35A.67.010 Parks, beaches and camps.
35A.67.010 Parks, beaches and camps. In addition
to exercising all powers relating to the acquisition of land,
the improvement and operation thereof, or cooperation with
other taxing districts in connection with park or recreation
facilities, any code city may exercise the powers relating to
acquisition and operation of recreational facilities, establishment and operation of public camps, and contracting with
other taxing or governmental agencies for the acquisition or
operation of public parks, camps and recreational facilities
as authorized by chapter 67.20 RCW, in accordance with the
procedures prescribed in and authorized by RCW 79.08.080
and 79.08.090 in the application for use of state-owned tide
or shorelands for a municipal park or playground purposes.
[1967 ex.s. c 119 § 35A.67.010.]
[Title 35A RCW—page 65]
35A.67.010
Title 35A RCW: Optional Municipal Code
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by cities: RCW 64.04.130.
Chapter 35A.68
CEMETERIES AND MORGUES
Sections
35A.68.010 Acquisition—Care and investment of funds.
35A.68.010 Acquisition—Care and investment of
funds. A code city may exercise the powers to acquire,
own, improve, manage, operate and regulate real and personal property for the operation of the city morgue, cemetery
or other place for the burial of the dead, to create cemetery
boards or commissions, to establish and manage funds for
cemetery improvement and care and to make all necessary
or desirable rules and regulations concerning the control and
management of burial places and the investment of funds
relating thereto and accounting therefor as is authorized by
chapter 68.52 RCW, RCW 35.22.280, 35.23.440, *35.24.300
and 35.27.370(2) in accordance with the procedures and
requirements prescribed by said laws and authority to be
included within a cemetery district as authorized and
conformed to the requirements of Title 68 RCW. [1987 c
331 § 80; 1967 ex.s. c 119 § 35A.68.010.]
*Reviser’s note: RCW 35.24.300 was recodified as RCW 35.23.452
pursuant to 1994 c 81 § 90.
Effective date—1987 c 331: See RCW 68.05.900.
Chapter 35A.69
FOOD AND DRUG
Sections
35A.69.010 Powers and duties prescribed.
35A.69.010 Powers and duties prescribed. Every
code city shall have the powers, perform the functions and
duties and enforce the regulations prescribed by general laws
relating to food and drugs for any class of city as provided
by Title 69 RCW; relating to water pollution control as
provided by chapter 90.48 RCW; and relating to food fish
and shellfish as provided by *Title 75 RCW. [1999 c 291
§ 31; 1994 c 143 § 512. Prior: 1983 1st ex.s. c 46 § 177;
1983 c 3 § 71; 1967 ex.s. c 119 § 35A.69.010.]
*Reviser’s note: Title 75 RCW was recodified, repealed, and/or
decodified in its entirety by 2000 c 107. See Comparative Table for Title
75 RCW in the Table of Disposition of Former RCW Sections, Volume 0.
Chapter 35A.70
HEALTH AND SAFETY
Sections
35A.70.010
35A.70.020
35A.70.040
35A.70.050
35A.70.060
35A.70.070
Waters within city—City’s water supply.
Regulating boarding homes.
Buildings, construction standards.
City electrical code—State safety regulations.
Elevators, moving walks.
Public health and safety, general laws applicable.
35A.70.010 Waters within city—City’s water
supply. Every code city shall have authority to protect
[Title 35A RCW—page 66]
waters within the city or comprising part of the city’s water
supply pursuant to the authority provided therefor by RCW
9.66.050, 54.16.050, 69.30.130, *57.08.010, 8.12.030,
70.54.010 and 70.54.030. [1996 c 230 § 1606; 1967 ex.s. c
119 § 35A.70.010.]
*Reviser’s note: RCW 57.08.010 was repealed by 1996 c 230 §
1703, effective July 1, 1997. For later enactment, see RCW 57.08.005.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
35A.70.020 Regulating boarding homes. A code city
may exercise the powers relating to enforcement of regulations for boarding homes as authorized by *RCW 18.20.100,
in accordance with the procedures therein prescribed and
subject to any limitations therein provided. [1967 ex.s. c
119 § 35A.70.020.]
*Reviser’s note: RCW 18.20.100 was repealed by 2000 c 47 § 10,
effective July 1, 2000.
35A.70.040 Buildings, construction standards. In
addition to other provisions of the law granting authority and
imposing duties, a code city may exercise the powers
relating to providing standards for the construction of
buildings as provided in chapter 70.86 RCW and shall report
the issuance of building permits for new construction as
required by *RCW 36.21.040 through 36.21.060. [1967 ex.s.
c 119 § 35A.70.040.]
*Reviser’s note: RCW 36.21.040 through 36.21.060 were repealed
by 1989 c 246 § 8.
35A.70.050 City electrical code—State safety
regulations. Every code city may adopt ordinances regulating or otherwise controlling the installation of electrical
wiring, equipment, apparatus or appliances as authorized by
*RCW 19.28.360 and by other general law and shall obey,
observe and comply with every order, approval, direction or
requirement made by the director or the commission under
authority of chapter 19.29 RCW. [1967 ex.s. c 119 §
35A.70.050.]
*Reviser’s note: RCW 19.28.360 was recodified as RCW 19.28.141
pursuant to 2000 c 238 § 102.
35A.70.060 Elevators, moving walks. All conveyances owned or operated by code cities as defined by the
provisions of chapter 70.87 RCW, shall be subject to the
provisions of that chapter to the extent specifically provided
for therein. [1967 ex.s. c 119 § 35A.70.060.]
35A.70.070 Public health and safety, general laws
applicable. Every code city may exercise the powers
authorized and shall perform the duties imposed upon cities
of like population relating to the public health and safety as
provided by Title 70 RCW and, without limiting the generality of the foregoing, shall: (1) Organize boards of health
and appoint a health officer with the authority, duties and
functions as provided in chapter 70.05 RCW, or provide for
combined city-county health departments as provided and in
accordance with the provisions of chapter 70.08 RCW; (2)
contribute and participate in public health pooling funds as
authorized by chapter 70.12 RCW; (3) control and provide
for treatment of *venereal diseases as authorized by chapter
(2002 Ed.)
Health and Safety
70.24 RCW; (4) provide for the care and control of tuberculosis as provided in chapters 70.28, 70.30, **70.32, and
70.54 RCW; (5) participate in health districts as authorized
by chapter 70.46 RCW; (6) exercise control over water
pollution as provided in chapter 35.88 RCW; (7) for all code
cities having a population of more than twenty thousand
serve as a primary district for registration of vital statistics
in accordance with the provisions of chapter 70.58 RCW; (8)
observe and enforce the provisions relating to fireworks as
provided in chapter 70.77 RCW; (9) enforce the provisions
relating to swimming pools provided in chapter 70.90 RCW;
(10) enforce the provisions of chapter 18.20 RCW when
applicable; (11) perform the functions relating to mentally ill
prescribed in chapters 72.06 and 71.12 RCW; (12) cooperate
with the state department of social and health services in
mosquito control as authorized by RCW 70.22.060; and (13)
inspect nursing homes as authorized by RCW 18.51.145.
[1987 c 223 § 4; 1985 c 213 § 12; 1981 1st ex.s. c 2 § 25;
1979 c 141 § 42; 1967 ex.s. c 119 § 35A.70.070.]
Reviser’s note: *(1) The term "venereal diseases" was changed to
"sexually transmitted diseases" by 1988 c 206.
**(2) Chapter 70.32 RCW was repealed and/or recodified in its
entirety pursuant to 1999 c 172.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Severability—Effective date—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
Chapter 35A.74
WELFARE
Sections
35A.74.010 General law applicable.
35A.74.010 General law applicable. Code cities may
exercise authority granted by general law and available to
any class of city for the relief of the poor and destitute,
including, but not limited to the provisions of *RCW
74.04.390 through 74.04.470. [1967 ex.s. c 119 §
35A.74.010.]
*Reviser’s note: RCW 74.04.390 through 74.04.470 were repealed
by 1991 c 126 § 11.
Chapter 35A.79
PROPERTY AND MATERIALS
Sections
35A.79.010 Powers to acquire, use and manage.
35A.79.010 Powers to acquire, use and manage. A
code city shall have all powers provided by general law to
cities of any class relating to the receipt of donations of
money and property, the acquisition, leasing and disposition
of municipal property, both real and personal, including, but
not limited to, the following: (1) Intergovernmental leasing,
transfer or disposition of property as provided by chapter
39.33 RCW; (2) disposition of unclaimed property as
provided by chapters 63.32 and 63.21 RCW; (3) disposition
of local improvement district foreclosures as provided by
chapter 35.53 RCW; (4) materials removed from public
lands as provided by RCW 79.90.150; (5) purchase of
(2002 Ed.)
35A.70.070
federal surplus property as provided by chapter 39.32 RCW;
and (6) land for recreation as provided by *chapter 43.99
RCW. A code city in connection with the acquisition of
property shall be subject to provisions relating to tax liens as
provided by RCW 84.60.050 and 84.60.070. The general
law relating to the damage or destruction of public property
of a code city or interferences with the duties of a police or
other officer shall relate to code city’s properties and officers
to the same extent as such laws apply to any class of city, its
property or officers. [1983 c 3 § 72; 1979 ex.s. c 30 § 3;
1967 ex.s. c 119 § 35A.79.010.]
*Reviser’s note: Chapter 43.99 RCW was recodified as chapter
79A.25 RCW pursuant to 1999 c 249 § 1601.
Chapter 35A.80
PUBLIC UTILITIES
Sections
35A.80.010 General laws applicable.
35A.80.020 Electric energy.
35A.80.030 Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
35A.80.040 Code cities encouraged to provide utility customers with
landscaping information and to request voluntary donations for urban forestry.
35A.80.010 General laws applicable. A code city
may provide utility service within and without its limits and
exercise all powers to the extent authorized by general law
for any class of city or town. The cost of such improvements may be financed by procedures provided for financing
local improvement districts in chapters 35.43 through 35.54
RCW and by revenue and refunding bonds as authorized by
chapters 35.41, 35.67 and 35.89 RCW and Title 85 RCW.
A code city may protect and operate utility services as
authorized by chapters 35.88, 35.91, 35.92, and 35.94 RCW
and may acquire and damage property in connection therewith as provided by chapter 8.12 RCW and shall be governed by the regulations of the department of ecology as
provided in RCW 90.48.110. [1988 c 127 § 2; 1967 ex.s. c
119 § 35A.80.010.]
35A.80.020 Electric energy. Any code city is
authorized to enter into contracts or compacts with any
commission or any operating agency or publicly or privately
owned utility for the purchase and sale of electric energy or
falling waters as provided in RCW 43.52.410 and chapter
35.84 RCW and to exercise any other authority granted to
cities as provided in chapter 43.52 RCW. [1967 ex.s. c 119
§ 35A.80.020.]
35A.80.030 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35A.80.040 Code cities encouraged to provide utility
customers with landscaping information and to request
voluntary donations for urban forestry. (1) Code cities
providing utility services under this chapter are encouraged
[Title 35A RCW—page 67]
35A.80.040
Title 35A RCW: Optional Municipal Code
to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
(2) Code cities providing utility services under this
chapter are encouraged to request voluntary donations from
their customers for the purposes of urban forestry. The
request may be in the form of a check-off on the billing
statement or other form of a request for a voluntary donation. [1993 c 204 § 3.]
Findings—1993 c 204: See note following RCW 35.92.390.
Chapter 35A.81
PUBLIC TRANSPORTATION
Sections
35A.81.010 Application of general law.
35A.81.010 Application of general law. Motor
vehicles owned and operated by any code city shall be
exempt from the provisions of chapter 81.80 RCW, except
where specifically otherwise provided. Urban passenger
transportation systems shall receive a refund of the amount
of the motor vehicle fuel tax paid on each gallon of motor
vehicle fuel used in such systems to the extent authorized by
chapter 82.36 RCW. Notwithstanding any provision of the
law to the contrary, every urban passenger transportation
system as defined in RCW 82.38.080 shall be exempt from
the provisions of chapter 82.38 RCW which requires the
payment of use fuel taxes. [1983 c 3 § 73; 1967 ex.s. c 119
§ 35A.81.010.]
Chapter 35A.82
TAXATION—EXCISES
Sections
35A.82.010
35A.82.020
35A.82.025
35A.82.030
35A.82.040
35A.82.042
35A.82.050
35A.82.055
35A.82.060
35A.82.065
35A.82.070
State shared excises.
Licenses and permits—Excises for regulation.
Authority to regulate massage practitioners—Limitations.
City and county retail sales excise tax and use tax.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be
at a single uniform rate.
License fees or taxes upon certain business activities to be at
single uniform rate.
License fees or taxes on telephone business to be at uniform
rate.
License fees or taxes on telephone business—Imposition on
certain gross revenues authorized—Limitations.
Taxes on network telephone services.
Taxes on telephone business—Deferral of rate reduction.
35A.82.010 State shared excises. A code city shall
collect, receive and share in the distribution of state collected
and distributed excise taxes to the same extent and manner
as general laws relating thereto apply to any class of city or
town including, but not limited to, funds distributed to cities
under RCW 82.36.020 relating to motor vehicle fuel tax,
RCW 82.38.290 relating to use fuel tax, and RCW 82.36.275
and 82.38.080(3). [1998 c 176 § 2; 1995 c 274 § 4; 1985 c
7 § 102; 1983 c 3 § 74; 1967 ex.s. c 119 § 35A.82.010.]
Rules—Findings—Effective date—1998 c 176: See RCW
82.36.800, 82.36.900, and 82.36.901.
[Title 35A RCW—page 68]
35A.82.020 Licenses and permits—Excises for
regulation. A code city may exercise the authority authorized by general law for any class of city to license and
revoke the same for cause, to regulate, make inspections and
to impose excises for regulation or revenue in regard to all
places and kinds of business, production, commerce, entertainment, exhibition, and upon all occupations, trades and
professions and any other lawful activity: PROVIDED, That
no license or permit to engage in any such activity or place
shall be granted to any who shall not first comply with the
general laws of the state.
No such license shall be granted to continue for longer
than a period of one year from the date thereof and no
license or excise shall be required where the same shall have
been preempted by the state, nor where exempted by the
state, including, but not limited to, the provisions of RCW
36.71.090 and chapter 73.04 RCW relating to veterans.
[1967 ex.s. c 119 § 35A.82.020.]
35A.82.025 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a city license to operate a massage business must
provide verification of his or her state massage license as
provided for in RCW 18.108.030.
(2) The city may charge a licensing or operating fee, but
the fee charged a state licensed massage practitioner shall
not exceed the licensing or operating fee imposed on similar
health care providers, such as physical therapists or occupational therapists, operating within the same city.
(3) A state licensed massage practitioner is not subject
to additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 2.]
Reviser’s note: 1991 c 182 directed that this section be added to
chapter 35A.11 RCW. This section has been codified as a part of chapter
35A.82 RCW, which relates more directly to code city licensing authority.
35A.82.030 City and county retail sales excise tax
and use tax. See chapter 82.14 RCW.
35A.82.040 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35A.82.042 City license fees or taxes on certain
business activities to be at a single uniform rate. See
RCW 35.21.710.
35A.82.050 License fees or taxes upon certain
business activities to be at single uniform rate. Any code
city which imposes a license fee or tax upon business
activities consisting of the making of retail sales of tangible
personal property which are measured by gross receipts or
gross income from such sales, shall impose such tax at a
single uniform rate upon all such business activities. This
section shall not apply to any business activities subject to
the tax imposed by chapter 82.16 RCW. For purposes of
this section, the providing to consumers of competitive
telephone service, as defined in RCW 82.04.065, or the
providing of payphone service as defined in RCW 35.21.710,
shall be subject to tax at the same rate as business activities
(2002 Ed.)
Taxation—Excises
consisting of the making of retail sales of tangible personal
property. [2002 c 179 § 3; 1983 2nd ex.s. c 3 § 34; 1981 c
144 § 7; 1972 ex.s. c 134 § 7.]
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
35A.82.055 License fees or taxes on telephone
business to be at uniform rate. Any code city which
imposes a license fee or tax upon the business activity of engaging in the telephone business, as defined in RCW
82.04.065, which is measured by gross receipts or gross
income from the business shall impose the tax at a uniform
rate on all persons engaged in the telephone business in the
code city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the
providing of payphone service as defined in RCW 35.21.710.
[2002 c 179 § 4; 1983 2nd ex.s. c 3 § 36; 1981 c 144 § 9.]
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
35A.82.060 License fees or taxes on telephone
business—Imposition on certain gross revenues authorized—Limitations. (Contingent expiration date.) (1) Any
code city which imposes a license fee or tax upon the
business activity of engaging in the telephone business which
is measured by gross receipts or gross income may impose
the fee or tax, if it desires, on one hundred percent of the
total gross revenue derived from intrastate toll telephone
services subject to the fee or tax: PROVIDED, That the city
shall not impose the fee or tax on that portion of network
telephone service which represents charges to another
telecommunications company, as defined in RCW 80.04.010,
for connecting fees, switching charges, or carrier access
charges relating to intrastate toll telephone services, or for
access to, or charges for, interstate services, or charges for
network telephone service that is purchased for the purpose
of resale, or charges for mobile telecommunications services
provided to customers whose place of primary use is not
within the city.
(2) Any city that imposes a license tax or fee under
subsection (1) of this section has the authority, rights, and
obligations of a taxing jurisdiction as provided in RCW
82.32.490 through 82.32.510.
(3) The definitions in RCW 82.04.065 apply to this
section. [2002 c 67 § 10; 1989 c 103 § 3; 1986 c 70 § 4;
1983 2nd ex.s. c 3 § 38; 1981 c 144 § 11.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 §§ 1, 2, 4, 5: See note following RCW
35.21.714.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
(2002 Ed.)
35A.82.050
35A.82.060 License fees or taxes on telephone
business—Imposition on certain gross revenues authorized—Limitations. (Contingent effective date.) Any code
city which imposes a license fee or tax upon the business
activity of engaging in the telephone business, as defined in
RCW 82.04.065, which is measured by gross receipts or
gross income may impose the fee or tax, if it desires, on one
hundred percent of the total gross revenue derived from
intrastate toll telephone services subject to the fee or tax:
PROVIDED, That the city shall not impose the fee or tax on
that portion of network telephone service, as defined in
RCW 82.04.065, which represents charges to another
telecommunications company, as defined in RCW 80.04.010,
for connecting fees, switching charges, or carrier access
charges relating to intrastate toll telephone services, or for
access to, or charges for, interstate services, or charges for
network telephone service that is purchased for the purpose
of resale. [1989 c 103 § 3; 1986 c 70 § 4; 1983 2nd ex.s.
c 3 § 38; 1981 c 144 § 11.]
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 §§ 1, 2, 4, 5: See note following RCW
35.21.714.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
35A.82.065 Taxes on network telephone services.
Notwithstanding RCW 35.21.714 or 35A.82.060, any city or
town which imposes a tax upon business activities measured
by gross receipts or gross income from sales, may impose
such tax on that portion of network telephone service, as
defined in RCW 82.04.065, which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll services, or charges
for network telephone service that is purchased for the
purpose of resale. Such tax shall be levied at the same rate
as is applicable to other competitive telephone service as
defined in RCW 82.04.065. [1989 c 103 § 4; 1986 c 70 §
5.]
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 §§ 1, 2, 4, 5: See note following RCW
35.21.714.
35A.82.070 Taxes on telephone business—Deferral
of rate reduction. A city or town required by RCW
35.21.870(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates
for the year 1987. If the delay in rate reductions authorized
by the preceding sentence is inadequate for a code city to
offset the impact of revenue reductions arising from the
removal of revenues from connecting fees, switching
charges, or carrier access charges under the provisions of
RCW 35A.82.060, then the legislative body of such code
city may reimpose for 1987 the rates that such code city had
in effect upon telephone business during 1985. In each
succeeding year, the city or town shall reduce the rate by
one-tenth of the difference between the tax rate on April 20,
1982, and six percent. [1986 c 70 § 6.]
[Title 35A RCW—page 69]
Chapter 35A.84
Title 35A RCW: Optional Municipal Code
Chapter 35A.84
TAXATION—PROPERTY
Sections
35A.84.010 Procedure and rules relating to ad valorem taxes.
35A.84.020 Assessment for and collection of ad valorem taxes.
35A.84.030 Ex officio collector of code city taxes.
35A.84.010 Procedure and rules relating to ad
valorem taxes. The taxation of property in code cities shall
be governed by general provisions of the law including, but
not limited to, the provisions of: (1) Chapter 84.09 RCW,
relating to the time for establishment of official boundaries
of taxing districts on the first day of March of each year; (2)
chapter 84.12 RCW relating to the assessment and taxation
of public utilities; (3) chapter 84.16 RCW, relating to the
apportionment of taxation on private car companies; (4)
chapter 84.20 RCW, relating to the taxation of easements of
public utilities; (5) *chapter 84.24 RCW, relating to the
reassessment of property; (6) chapter 84.36 RCW, relating to
property subject to taxation and exemption therefrom; (7)
chapter 84.40 RCW relating to the listing of property for
assessment; (8) chapter 84.41 RCW, relating to reevaluation
of property; (9) chapter 84.44 RCW, relating to the taxable
situs of personalty; (10) chapter 84.48 RCW, relating to the
equalization of assessments; (11) chapter 84.52 RCW,
relating to the levy of taxes, both regular and excess; (12)
chapter 84.56 RCW, relating to the collection of taxes; (13)
chapter 84.60 RCW, relating to the lien of taxes and the
priority thereof; (14) chapter 84.69 RCW, relating to refunds
and claims therefor against the code city; and (15) RCW
41.16.060, relating to taxation for firemen’s pension fund.
[1967 ex.s. c 119 § 35A.84.010.]
*Reviser’s note: Chapter 84.24 RCW was repealed by 1994 c 124
§ 42.
35A.84.020 Assessment for and collection of ad
valorem taxes. For the purpose of assessment of all
property in all code cities, other than code cities having a
population of more than twenty thousand inhabitants, the
county assessor of the county wherein such code city is
situated shall be the ex officio assessor, and as to the code
cities having a population of more than twenty thousand
inhabitants such county assessor shall perform the duties as
provided in *RCW 36.21.020. [1967 ex.s. c 119 §
35A.84.020.]
*Reviser’s note: RCW 36.21.020 was repealed by 1994 c 301 § 57.
35A.84.030 Ex officio collector of code city taxes.
The treasurer of the county wherein a code city is situated
shall be the ex officio collector of such code city’s taxes and
give bond, and account for the city’s funds as provided in
chapter 36.29 RCW. [1967 ex.s. c 119 § 35A.84.030.]
Chapter 35A.88
HARBORS AND NAVIGATION
Sections
35A.88.010 Discharge of ballast.
35A.88.020 Wharves and landings.
35A.88.030 General laws applicable.
[Title 35A RCW—page 70]
35A.88.010 Discharge of ballast. A code city may
exercise the powers relating to regulation of discharge of
ballast in harbors within or in front of such city as authorized by RCW 88.28.060. [1967 ex.s. c 119 § 35A.88.010.]
35A.88.020 Wharves and landings. A code city shall
have and exercise all powers granted by general laws to
cities and towns of any class relative to docks and other
appurtenances to harbor and shipping, including but not
limited to, the provisions of RCW 35.22.280, 35.23.440,
*35.24.290, and 88.24.030. [1967 ex.s. c 119 §
35A.88.020.]
*Reviser’s note: RCW 35.24.290 was repealed by 1994 c 81 § 89.
35A.88.030 General laws applicable. General laws
relating to harbor areas within cities, including but not
limited to, chapter 36.08 RCW relating to transfer of
territory lying in two or more counties; RCW 79.92.110
relating to disposition of rental from leasehold in the harbor
areas; and RCW 88.32.240 and 88.32.250 relating to joint
planning by cities and counties shall apply to, benefit and
obligate code cities to the same extent as such general laws
apply to any class of city. [1985 c 7 § 103; 1983 c 3 § 75;
1967 ex.s. c 119 § 35A.88.030.]
Chapter 35A.90
CONSTRUCTION
Sections
35A.90.010 Becoming code city—Rights, actions saved—Continuation
of ordinances.
35A.90.020 Invalidity of part of title not to affect remainder.
35A.90.030 Title, chapter, section headings not part of law.
35A.90.040 Effective date—1967 ex.s. c 119.
35A.90.050 Severability—1971 ex.s. c 251.
35A.90.010 Becoming code city—Rights, actions
saved—Continuation of ordinances. Unless otherwise
provided by this title, the election by a city or town to
become a code city and to be governed by this title shall not
affect any right or liability either in favor of or against such
city or town existing at the time, nor any civil or criminal
proceeding involving or relating to such city or town; and all
rights and property of every description which were vested
in such city or town immediately prior to becoming a code
city shall continue to be vested in such code city; and all
charter provisions, ordinances, resolutions, rules, regulations,
or orders lawfully in force in such city or town at the time
of becoming a code city, and not inconsistent with or
repugnant to this title, shall continue in force in such code
city until amended or repealed as provided by law. [1967
ex.s. c 119 § 35A.90.010.]
35A.90.020 Invalidity of part of title not to affect
remainder. If any provision, section, or chapter of this title
or its application to any person or circumstance is held
invalid, the remainder of the provision, section, chapter, or
title, or the application thereof to other persons or circumstances is not affected. [1967 ex.s. c 119 § 35A.90.020.]
(2002 Ed.)
Construction
35A.90.030
35A.90.030 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title, do not constitute
any part of the law. [1967 ex.s. c 119 § 35A.90.030.]
35A.90.040 Effective date—1967 ex.s. c 119. The
effective date of this act shall be July 1, 1969. [1967 ex.s.
c 119 § 35A.90.040.]
35A.90.050 Severability—1971 ex.s. c 251. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 251 § 17.]
(2002 Ed.)
[Title 35A RCW—page 71]
Title 36
COUNTIES
Chapters
36.01
36.04
36.05
36.08
36.09
36.12
36.13
36.16
36.17
36.18
36.21
36.22
36.23
36.24
36.26
36.27
36.28
36.28A
36.29
36.32
36.33
36.33A
36.34
36.35
36.36
36.37
36.38
36.39
36.40
36.42
36.43
36.45
36.47
36.48
36.49
36.50
36.53
36.54
36.55
36.56
36.57
36.57A
36.58
36.58A
36.60
36.61
36.62
36.63
36.64
(2002 Ed.)
36.65
General provisions.
County boundaries.
Actions to establish boundaries.
Transfer of territory where city’s harbor lies
in two counties.
New county—Liability for debts.
Removal of county seats.
Classification of counties.
County officers—General.
Salaries of county officers.
Fees of county officers.
County assessor.
County auditor.
County clerk.
County coroner.
Public defender.
Prosecuting attorney.
County sheriff.
Association of sheriffs and police chiefs.
County treasurer.
County commissioners.
County funds.
Equipment rental and revolving fund.
County property.
Tax title lands.
Aquifer protection areas.
Agricultural fairs and poultry shows.
Admissions tax.
Assistance and relief.
Budget.
Retail sales and use taxes.
Building codes and fire regulations.
Claims against counties.
Coordination of administrative programs.
Depositaries.
Dog license tax.
Farm and home extension work.
Ferries—Privately owned.
Ferries—County owned.
Franchises on roads and bridges.
Metropolitan municipal corporation functions, etc.—Assumption by counties.
County public transportation authority.
Public transportation benefit areas.
Solid waste disposal.
Solid waste collection districts.
County rail districts.
Lake management districts.
Hospitals.
Jails.
Joint governmental activities.
36.67
36.68
36.69
36.70
36.70A
36.70B
36.70C
36.71
36.72
36.73
36.75
36.76
36.77
36.78
36.79
36.80
36.81
36.82
36.83
36.85
36.86
36.87
36.88
36.89
36.90
36.92
36.93
36.94
36.95
36.96
36.100
36.102
36.105
36.110
36.115
36.120
36.900
Combined city and county municipal corporations.
Limitation of indebtedness—County bonds.
Parks and recreational facilities.
Park and recreation districts.
Planning enabling act.
Growth management—Planning by selected
counties and cities.
Local project review.
Judicial review of land use decisions.
Peddlers’ and hawkers’ licenses.
Printing.
Transportation benefit districts.
Roads and bridges—General provisions.
Roads and bridges—Bonds.
Roads and bridges—Construction.
Roads and bridges—County road administration board.
Roads and bridges—Rural arterial program.
Roads and bridges—Engineer.
Roads and bridges—Establishment.
Roads and bridges—Funds—Budget.
Roads and bridges—Service districts.
Roads and bridges—Rights-of-way.
Roads and bridges—Standards.
Roads and bridges—Vacation.
County road improvement districts.
Highways—Open spaces—Parks—Other
public facilities—Storm water control.
Southwest Washington fair.
County central services department.
Local governmental organization—
Boundaries—Review boards.
Sewerage, water, and drainage systems.
Television reception improvement districts.
Dissolution of inactive special purpose districts.
Public facilities districts.
Stadium and exhibition centers.
Community councils for unincorporated
areas of island counties.
Jail industries program.
Service agreements.
Regional transportation investment districts.
Construction.
Acquisition of
interests in land for conservation, protection, preservation, or open space
purposes by counties: RCW 64.04.130.
open space, land, or rights to future development by counties, cities, or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
Air pollution control advisory council: RCW 70.94.240.
Board of
adjustment
airport zoning: Chapter 14.12 RCW.
[Title 36 RCW—page 1]
Title 36
Title 36 RCW: Counties
county planning: RCW 35.63.080.
equalization: Chapter 84.48 RCW.
law library trustees: Chapter 27.24 RCW.
library trustees: Chapter 27.12 RCW.
management of detention facilities (counties with populations of one
million or more): Chapter 13.20 RCW.
visitation under juvenile court act: RCW 13.04.180.
Camping resort contracts—Nonapplicability of certain laws to—Club not
subdivision except under city, county powers: RCW 19.105.510.
Canvassing board
generally: Chapter 29.62 RCW.
members: RCW 39.40.030.
Civil service commission (sheriff’s office): Chapter 41.14 RCW.
Community mental health services act: Chapter 71.24 RCW.
Community renewal, application: RCW 35.81.015.
Community services—Local funds for: Chapter 71.20 RCW.
Counties may engage in probation and parole services: RCW 36.01.070.
Counting board (election): RCW 29.45.050, 29.45.060.
County and city tuberculosis hospital board of managers: Chapter 70.30
RCW.
County committee on school district organization: Chapter 28A.315 RCW.
Credit card use by local governments: RCW 43.09.2855.
Designation as authority or regional authority auditor under Washington
Clean Air Act, duties: RCW 70.94.094.
District health board: Chapter 70.46 RCW.
Election board, precinct: Chapter 29.45 RCW.
Ferry system tariffs and charges review commission: RCW 47.60.300.
Flood control zone district county-wide advisory committee: RCW
86.15.070.
Gambling activities, counties as affecting: Chapter 9.46 RCW.
Game department lands, payments to counties in lieu of taxes: RCW
77.12.201.
Heating systems authorized: RCW 35.97.020.
Housing authority commission: Chapter 35.82 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Intercounty rural library district board of trustees: Chapter 27.12 RCW.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Labor relations consultants: RCW 43.09.230.
Legal aid committee: Chapter 2.50 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Mental health and retardation services—Interstate contracts by boundary
counties: RCW 71.28.010.
Multi-purpose community centers, counties may establish: Chapter 35.59
RCW.
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parking facilities, conveyance of land for: Chapter 35.87 RCW.
Planning commission: Chapter 35.63 RCW; chapter 36.70 RCW.
Pollution control—Municipal bonding authority: Chapter 70.95A RCW.
Precinct election board: Chapter 29.45 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public buildings, provision to be made for use by aged and handicapped:
Chapter 70.92 RCW.
Public hospital district commission: Chapter 70.44 RCW.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
Regional planning commission: RCW 35.63.070, 36.70.060.
[Title 36 RCW—page 2]
Registration of contractor required before issuance of building permit:
RCW 18.27.110.
Reports, claims, etc., filing: RCW 1.12.070.
School districts—Agreements with other governmental entities for transportation of students or the public or for other noncommon school
purposes—Limitations: RCW 28A.160.120.
Trade centers—Annual service fee—Distribution to counties: RCW
53.29.030.
Transportation centers authorized: Chapter 81.75 RCW.
Unfit dwellings, buildings and structures: Chapter 35.80 RCW.
Urban arterials, planning, funding, etc.: Chapter 47.26 RCW.
Validity of agreement to indemnify against liability for negligence relative
to construction or improvement of roads: RCW 4.24.115.
Youth agencies, joint establishment: RCW 35.21.630.
Chapter 36.01
GENERAL PROVISIONS
Sections
36.01.010
36.01.020
36.01.030
36.01.040
36.01.050
36.01.060
36.01.070
36.01.080
Corporate powers.
Corporate name.
Powers—How exercised.
Conveyances for use of county.
Venue of actions by or against counties.
County liable for certain court costs.
Probation and parole services.
Parking facilities—Construction, operation and rental charges.
36.01.085 Economic development programs.
36.01.090 Tourist promotion.
36.01.095 Emergency medical services—Authorized—Fees.
36.01.100 Ambulance service authorized—Restriction.
36.01.104 Levy for emergency medical care and services.
36.01.105 Fire protection, ambulance or other emergency services
provided by municipal corporation within county—
Financial and other assistance authorized.
36.01.110 Federal grants and programs—Powers and authority of
counties to participate in—Public corporations, commissions or authorities.
36.01.115 Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
36.01.120 Foreign trade zones—Legislative finding, intent.
36.01.125 Foreign trade zones—Authority to apply for permission to
establish, operate and maintain.
36.01.130 Controls on rent for residential structures—Prohibited—
Exceptions.
36.01.150 Facilitating recovery from Mt. St. Helens eruption—Scope
of local government action.
36.01.160 Penalty for act constituting a crime under state law—
Limitation.
36.01.170 Administration of trusts benefiting school districts.
36.01.180 Zoo and aquarium advisory authority—Constitution—Terms.
36.01.190 Initial meeting of zoo and aquarium advisory authority—
Expenditure of funds—Powers.
36.01.200 Federal funds designated for state schools—Use limited to
reduction of outstanding debt obligations of school
districts.
36.01.210 Rail fixed guideway system—Safety and security program
plan.
36.01.220 Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
Accounts of county, examination of: RCW 43.09.260.
Actions by and against
counties, limitations on: Chapter 4.16 RCW.
public corporations (counties): RCW 4.08.110, 4.08.120.
Aeronautics facilities of counties to be made available to department of
transportation: RCW 47.68.300.
Agricultural fairs, county participation: Chapter 15.76 RCW.
Aircraft excise tax, county exemption: RCW 82.48.100.
Airport zoning: Chapter 14.12 RCW.
(2002 Ed.)
General Provisions
Ambulance service for second class cities, county may provide: RCW
35.23.456.
Armories, county may expend money for site: RCW 38.20.030.
Blind made products, services, county to procure when available: RCW
19.06.020.
Boarding homes, county administration, when: Chapter 18.20 RCW.
Bonds, county
as insurance investments: RCW 48.13.040.
election on, vote required: Chapter 39.40 RCW.
form, sale, payment, etc.: Chapter 39.44 RCW.
sale to federal government at private sale: Chapter 39.48 RCW.
validation of: Chapter 39.90 RCW.
Bonds of corporation not to be owned: State Constitution Art. 8 § 7.
Bonds of federal agencies as county investment: Chapter 39.64 RCW.
Cemeteries
private regulation of by county: RCW 68.20.080.
public, and morgues, in counties: RCW 68.52.010, 68.52.020.
Cemeteries and burial, public, all counties: RCW 68.52.030.
Cemetery districts authorized for certain counties: Chapter 68.52 RCW.
Children and youth services, county participation: RCW 72.05.160.
Cities and towns
agreements with county for planning, construction, etc., of streets:
Chapter 35.77 RCW.
community renewal, county participation: RCW 35.81.130.
county aid on street construction, etc.: RCW 47.24.050.
L.I.D. assessment lien, application on sale by county of tax lands: RCW
35.49.160.
property held by under L.I.D. assessment lien not subject to county taxes:
RCW 35.53.010.
Cities may support county in which city-owned utility plant located: RCW
35.21.420 through 35.21.427.
Civil service
for sheriff’s office: Chapter 41.14 RCW.
status retained when on emergency service work: RCW 38.52.140.
Closed burning seasons in counties: RCW 76.04.205.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Combined city-county health departments: Chapter 70.08 RCW.
Community centers, counties may establish: Chapter 35.59 RCW.
Community work and training programs, county participation in: Chapter
74.04 RCW.
Contractors, regulation of, inapplicable to counties: RCW 18.27.090.
Contracts
contractor’s bond on: Chapter 39.08 RCW.
county may perform work or services for department of transportation:
RCW 47.01.210.
executory conditional sales, for purchase of property for park or library
purposes: RCW 39.30.010.
public works, application to counties: Chapter 39.04 RCW.
public works, reserve from amount due contractors to cover lien for labor,
material or taxes: Chapter 60.28 RCW.
County airport districts: Chapter 14.08 RCW.
County and district fairs as agricultural fair classification: RCW
15.76.120.
County government: State Constitution Art. 11.
County lands
acquisition of for state highways: RCW 47.12.040, 47.12.150.
city or town L.I.D. assessments, as subject to: RCW 35.43.130, 35.44.140,
35.49.070.
diking, drainage or sewerage improvement assessments, as subject to:
RCW 85.08.500, 85.08.530.
diking and drainage intercounty districts assessments, as subject to: RCW
85.24.240.
diking district act, as subject to: RCW 85.05.080, 85.05.380, 85.05.390.
drainage district act, as subject to: RCW 85.06.350, 85.06.360.
eminent domain by cities of: Chapter 8.12 RCW.
eminent domain by public waterway districts of: Chapter 91.08 RCW.
flood control district assessments, as subject to: RCW 86.09.526,
86.09.529.
(2002 Ed.)
Chapter 36.01
lease of for underground storage of natural gas: RCW 80.40.070.
pest district assessments, as subject to: RCW 17.12.080.
public waterway district assessments, as subject to: RCW 91.08.570,
91.08.575.
right of entry on given department of transportation: RCW 47.01.170.
rights of way over by diking districts: RCW 85.05.080.
subject to diking, drainage or sewerage improvement assessments, resale
of or lease of by county: RCW 85.08.500.
weed control district assessments, as subject to: RCW 17.04.180.
County office, defined for public assistance purposes: RCW 74.04.005(3).
County roads: Chapter 36.75 RCW.
Court house, county to furnish: RCW 2.28.139.
Credit not to be loaned: State Constitution Art. 8 § 7.
Debts of
apportionment on division or enlargement: State Constitution Art. 11 §
3.
limit of: State Constitution Art. 8 § 6 (Amendment 27), Art. 7 § 2
(Amendments 55, 59).
private property not to be taken in satisfaction of: State Constitution Art.
11 § 13.
Dental hygienists, licensed, county may employ: RCW 18.29.050.
Department of revenue, visitation to counties: RCW 84.08.010(3).
Detention, house or room for, establishment of: RCW 13.04.135.
Detention facilities, management of (counties with populations of one
million or more): Chapter 13.20 RCW.
Detention of state felons in county jails: Chapter 72.68 RCW.
Diking and drainage intercounty districts: Chapter 85.24 RCW.
Disinfection of county property as county duty: RCW 15.08.230.
Disturbances at state penal facilities—Reimbursement to cities and counties
for certain expenses incurred: RCW 72.72.050, 72.72.060.
Electric franchises and rights of way, counties may grant: RCW 80.32.010.
Electrical construction regulations applicable to counties: RCW 19.29.010.
Emergency management, county participation: Chapter 38.52 RCW.
Eminent domain
airport purposes: Chapters 14.07, 14.08 RCW.
flood control purposes: RCW 86.12.030.
flood control purposes by counties jointly: RCW 86.13.040.
generally: Chapter 8.08 RCW.
military purposes: RCW 8.04.170, 8.04.180.
of tidelands: RCW 88.24.070.
parks, bathing beaches, public camps: RCW 67.20.010.
wharves purposes: RCW 88.24.070.
Existing counties recognized: State Constitution Art. 11 § 1.
Family courts in: Chapter 26.12 RCW.
Federal areas in counties, generally: Chapter 37.08 RCW.
Federal property, purchase of from government by counties: Chapter 39.32
RCW.
Fireworks, county participation in control: Chapter 70.77 RCW.
Fiscal agent for: Chapter 43.80 RCW.
Flood control
county: Chapter 86.12 RCW.
county participation with
district: RCW 86.24.040.
state and federal government: Chapter 86.24 RCW.
districts (1937 act), public lands included in: RCW 86.09.013.
maintenance, county participation with state: Chapter 86.26 RCW.
Forest protection in counties: Chapter 76.04 RCW.
Fruit and vegetable inspection districts, counties constituting: RCW
15.17.230.
Funding indebtedness in counties: Chapter 39.52 RCW.
Group life insurance, public employee associations: RCW 48.24.060.
Hospitals, private, for care of mentally ill, alcoholics, county may prescribe
standards: RCW 71.12.550.
Housing authority
generally: Chapter 35.82 RCW.
property as exempt from county taxation: RCW 35.82.210.
Housing cooperation law: Chapter 35.83 RCW.
[Title 36 RCW—page 3]
Chapter 36.01
Title 36 RCW: Counties
Indebtedness, county: State Constitution Art. 8.
Industrial development districts, county lands may be conveyed to: Chapter
53.25 RCW.
Intercounty weed districts: Chapter 17.06 RCW.
Intergovernmental disposition of property, county participation: RCW
39.33.010.
Irrigation districts, cancellation of county taxes against, when: RCW
87.64.060.
Island counties, refund of motor vehicle license and fuel tax fees to: RCW
46.68.080.
Joint aid river and harbor improvements, county participation: RCW
88.32.230 through 88.32.235.
Joint planning for improvement of navigable stream, county participation:
RCW 88.32.240 through 88.32.250.
Juvenile detention facility as mandatory county function: RCW 13.16.030.
Leases, mineral and petroleum, on county land: Chapter 78.16 RCW.
Leases of property, ballot proposition
by jointly with city or town: RCW 35.42.200.
from by city or town: RCW 35.42.200.
Legal aid: Chapter 2.50 RCW.
Legal publications of: Chapter 65.16 RCW.
Libraries: Title 27 RCW.
Lien for labor, material and taxes on public works: Chapter 60.28 RCW.
Limitation of indebtedness of taxing districts: Chapter 39.36 RCW.
Liquor revolving fund moneys, distribution to counties: Chapter 66.08
RCW.
Local milk inspection service units: Chapter 15.36 RCW.
Martial law, proclamation of county under: RCW 38.08.030.
Metropolitan municipal corporations
as borrowers from county: RCW 35.58.480.
county participation: Chapter 35.58 RCW.
Military offenses, jurisdiction by county when: Chapter 38.32 RCW.
Mosquito control
county work coordinated with: Chapter 70.22 RCW.
districts, counties where authorized: RCW 17.28.020.
Motor freight carrier, county vehicle exempt as: RCW 81.80.040.
Motor vehicle
accidents, peace officer’s reports: RCW 46.52.070.
fund moneys for county purposes: RCW 46.68.070 and 46.68.120.
size, weight and load, local regulations: RCW 46.44.080.
Municipal airports
1941 act: Chapter 14.07 RCW.
1945 act: Chapter 14.08 RCW.
Old age and survivors’ insurance, acceptance of for counties: Chapter
41.47 RCW.
Operating agencies (electricity, water resources) to act for counties:
Chapter 43.52 RCW.
Park and recreation service areas: RCW 36.68.400 through 36.68.620.
Parks, bathing beaches, public camps, county may acquire and operate:
Chapter 67.20 RCW.
Person defined to include counties for RCW code purposes: RCW 1.16.080.
Pesticide application act, county as subject to: RCW 17.21.220.
Police and sanitary regulations, power to enforce: State Constitution Art.
11 § 11.
Port districts
contracts or leases with counties by: RCW 53.08.070, 53.08.140,
53.08.240.
motor vehicle regulation in by county authorities, procedure: RCW
53.08.230.
regulations of, adoption as county ordinance: RCW 53.08.220.
Printing for counties to be done in state: RCW 43.78.130.
Public assistance
as county function: RCW 74.04.040.
county participation: Chapter 74.04 RCW.
Public contracts and indebtedness: Title 39 RCW.
[Title 36 RCW—page 4]
Public documents (state), distribution to counties: Chapter 40.04 RCW.
Public employees
hospitalization and medical aid for: RCW 41.04.180, 41.04.190.
interchange of personnel with federal agency, rights preserved: RCW
41.04.140 through 41.04.170.
military leave for: RCW 38.40.060.
minimum wage act, public employee exclusion: RCW 49.46.010.
payroll deductions for: RCW 41.04.020, 41.04.036.
public employees’ retirement system, county employees as members: RCW
41.40.062.
retirement systems, retention of rights: Chapter 41.04 RCW.
social security, federal coverage includes: Chapter 41.48 RCW.
Public lands
rights of way over for county bridges, trestles, across waterways, tide or
shore lands: RCW 79.91.100.
rights of way over for roads, county wharves: RCW 79.01.340.
sale of road material on to counties: RCW 79.01.176.
Public officers
campaign financing, reporting: RCW 42.17.030 through 42.17.130.
code of ethics for: Chapter 42.23 RCW.
financial affairs and gifts, reporting: RCW 42.17.240.
misconduct of enumerated: Chapter 42.20 RCW.
not to receive witness fees: RCW 42.16.020, 42.16.030.
resignations: RCW 42.12.020.
terms when vacancies filled: RCW 42.12.030.
Public purchase preferences: Chapter 39.24 RCW.
Public works
emergency, county participation: Chapter 39.28 RCW.
department of transportation, cooperation: RCW 47.08.070.
prevailing wages to be paid on: Chapter 39.12 RCW.
Publicly owned vehicles
exempt from licensing fee: RCW 46.16.020.
license plate retained when change in ownership: RCW 46.16.290.
registration of: RCW 46.16.020.
to be marked: RCW 46.08.065.
Railroad grade crossings
apportionment of costs, county liability: RCW 81.53.110, 81.53.130.
counties duty to maintain: RCW 81.53.090.
county participation in grants for: Chapter 81.53 RCW.
Railroad signals, warning devices on county roads: RCW 81.53.261
through 81.53.291.
Reclamation and irrigation districts in United States reclamation areas,
contract to bring county lands into: RCW 89.12.110.
Reclamation districts of one million acres, lands in more than one county:
RCW 89.30.004.
Reforestation
county exchange of land to block up holdings: RCW 76.12.050 through
76.12.065.
grants of county lands for: Chapter 76.12 RCW.
Regional jail camps, county prisoners may be committed to: RCW
72.64.100, 72.64.110.
River and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
Rural housing projects: Chapter 35.82 RCW.
Savings and loan associations, counties as member: RCW 33.20.060.
Soft tree fruits commission law, counties constituting districts under: RCW
15.28.010.
Soil and water conservation districts, county may cooperate with: RCW
89.08.341.
State patrol retirement allowances exempt from county taxation: RCW
43.43.310.
State vehicle regulations precedence over local: RCW 46.08.020.
State’s title to abandoned channels granted to counties: RCW 86.13.110.
Steamboat companies, county right to operate ferries, boats and wharves
preserved: RCW 81.84.010.
Stock restricted areas in: Chapter 16.24 RCW.
Street railroads in counties: Chapter 81.64 RCW.
Superior court judges, each county entitled to: State Constitution Art. 4 §
5, chapter 2.08 RCW.
(2002 Ed.)
General Provisions
Surplus federal property, county may purchase: RCW 39.32.010 through
39.32.060.
Tax liens, foreclosure by county when city or town L.I.D. assessments on,
rights of city or town: RCW 35.49.120 through 35.49.160.
Taxes
B & O, counties defined as person for purposes of: RCW 82.04.030.
excise, state preempts field, which: RCW 82.02.020.
federal payments in lieu of ad valorem property taxes to counties,
distribution: Chapter 84.72 RCW.
for city and town purposes: State Constitution Art. 11 § 12.
local, legislature not to impose: State Constitution Art. 11 § 12.
motor vehicle fuel
counties as subject to: RCW 82.36.240.
state preempts field: RCW 82.36.440.
property
acquisitions of county subject to lien of: RCW 84.60.050.
county by, generally: Title 84 RCW.
county held tax-title property as exempt: RCW 36.35.100.
county-interstate bridge as exempt from: RCW 84.36.230.
county lands sold on contract as taxable: RCW 84.40.230.
county property as exempt from: RCW 84.36.010.
county revaluation program: Chapter 84.41 RCW.
county right of way easements as exempt from: RCW 84.36.210.
excess levies authorized, county application: RCW 84.52.050 through
84.52.056.
limitation on levies, county application: State Constitution Art. 7 §
2 (Amendments 55, 59); RCW 84.52.050.
state, county liability for share of: State Constitution Art. 11 § 9.
Taxing district
county as: RCW 84.04.120.
relief act, county application: Chapter 39.64 RCW.
Teletypewriter communications network, county participation: Chapter
43.89 RCW.
Toll roads, bridges and ferries (state), county participation and liability:
Chapter 47.56 RCW.
Township organization in: State Constitution Art. 11 § 4 (Amendment 21).
Traffic
enforcement agencies, duty: Chapter 46.64 RCW.
schools, county participation: Chapter 46.83 RCW.
Unfit dwellings, buildings and structures: Chapter 35.80 RCW.
Uniform system of accounting: Chapter 43.09 RCW.
Validation of bonds and financing proceedings: Chapter 39.90 RCW.
Vehicle wreckers’ licensing, county to comply with: RCW 46.80.160.
Veterans
in business, peddling, county licensing limitations: RCW 73.04.050
through 73.04.060.
indigent and deceased, burial as county responsibility: RCW 73.08.070.
public officials duty as considered leave of absence: RCW 73.16.041.
scoring criteria status in county employment reemployment: RCW
41.04.010, Chapter 73.16 RCW.
Veterans’
meeting hall, county may furnish free of charge: RCW 73.04.070.
meeting place, rent from county funds: RCW 73.04.080.
relief as county responsibility: Chapter 73.08 RCW.
Vital statistics, county as a primary registration area: RCW 70.58.010.
Wages
deductions and rebates, application to counties: Chapter 49.52 RCW.
payment and collection of, county employee exclusion: RCW 49.48.080.
rebates of on public works, penalty: RCW 49.52.090.
Warrants, interest rate on: RCW 39.56.020, 39.56.030.
Water pollution control, county application: Chapter 90.48 RCW.
Water rights
appropriation of by counties; procedure: Chapter 90.03 RCW.
United States, county application: Chapter 90.40 RCW.
Wharves, counties may authorize and prescribe rates: RCW 88.24.020.
Workers’ compensation, county coverage: RCW 51.12.050.
World fair or exposition, county participation: Chapter 35.60 RCW.
(2002 Ed.)
Chapter 36.01
36.01.010 Corporate powers. The several counties
in this state shall have capacity as bodies corporate, to sue
and be sued in the manner prescribed by law; to purchase
and hold lands; to make such contracts, and to purchase and
hold such personal property, as may be necessary to their
corporate or administrative powers, and to do all other
necessary acts in relation to all the property of the county.
[1986 c 278 § 1; 1963 c 4 § 36.01.010. Prior: Code 1881
§ 2653; 1863 p 538 § 1; 1854 p 329 § 1; RRS § 3982.]
Severability—1986 c 278: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 278 § 65.]
36.01.020 Corporate name. The name of a county,
designated by law, is its corporate name, and it must be
known and designated thereby in all actions and proceedings
touching its corporate rights, property, and duties. [1963 c
4 § 36.01.020. Prior: Code 1881 § 2654; RRS § 3983.]
36.01.030 Powers—How exercised. Its powers can
only be exercised by the county commissioners, or by agents
or officers acting under their authority or authority of law.
[1963 c 4 § 36.01.030. Prior: Code 1881 § 2655; RRS §
3984.]
36.01.040 Conveyances for use of county. Every
conveyance of lands, or transfer of other property, made in
any manner for the use of any county, shall have the same
force and effect as if made to the county in its proper and
corporate name. [1963 c 4 § 36.01.040. Prior: Code 1881
§ 2656; 1863 p 538 § 2; 1854 p 329 § 2; RRS § 3985.]
36.01.050 Venue of actions by or against counties.
(1) All actions against any county may be commenced in the
superior court of such county, or in the superior court of
either of the two nearest judicial districts. All actions by any
county shall be commenced in the superior court of the
county in which the defendant resides, or in either of the two
judicial districts nearest to the county bringing the action.
(2) The determination of the nearest judicial districts is
measured by the travel time between county seats using
major surface routes, as determined by the office of the
administrator for the courts. [2000 c 244 § 1; 1997 c 401 §
1; 1963 c 4 § 36.01.050. Prior: 1854 p 329 § 6; No RRS.]
36.01.060 County liable for certain court costs.
Each county shall be liable to pay the per diem and mileage,
or other compensation in lieu thereof, to jurors of the county
attending the superior court; the fees of the sheriff for
maintaining prisoners charged with crimes, and the sheriff’s
costs in conveying them to and from the court, as well as
their board while there; the per diem and mileage, or such
other compensation as is allowed in lieu thereof, of the sheriff of the county, when in criminal cases the sheriff is
required to attend or travel to the superior court out of the
limits of the sheriff’s county; the costs in criminal cases
taken from the courts of limited jurisdiction to the superior
court; but no such claims shall be paid by the treasurer
unless the particular items are approved by the judge and
certified by the clerk under the seal of the court. For the
[Title 36 RCW—page 5]
36.01.060
Title 36 RCW: Counties
time or travel which may be paid by the parties or United
States, no payment from the county shall be allowed, and no
officer, juror, or witness shall receive from the county
double pay as a per diem for the same time, or as traveling
expenses or mileage for the same travel, in however many
different capacities or in however many different causes they
may be summoned, notified, or called upon to testify or
attend in. [1987 c 202 § 200; 1963 c 4 § 36.01.060. Prior:
Code 1881 § 2110; 1869 p 420 § 9; 1863 p 425 § 10; 1857
p 22 § 10; RRS § 508.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.01.070 Probation and parole services. Notwithstanding the provisions of chapter 72.01 RCW or any other
provision of law, counties may engage in probation and
parole services and employ personnel therefor under such
terms and conditions as any such county shall so determine.
If a county elects to assume responsibility for the supervision
of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may
contract with other counties to receive or provide such
probation services. A county may also enter into partnership
agreements with the department of corrections under RCW
72.09.300. [1996 c 298 § 7; 1967 c 200 § 9.]
Severability—1967 c 200: See note following RCW 9.45.122.
Indeterminate sentences: Chapter 9.95 RCW.
36.01.080 Parking facilities—Construction, operation and rental charges. Counties may construct, maintain,
operate and collect rentals for parking facilities as a part of
a courthouse or combined county-city building facility.
[1969 ex.s. c 8 § 1.]
Revenue bonds for parking facilities: RCW 36.67.520.
36.01.085 Economic development programs. It shall
be in the public purpose for all counties to engage in
economic development programs. In addition, counties may
contract with nonprofit corporations in furtherance of this
and other acts relating to economic development. [1985 c 92
§ 2.]
36.01.090
Tourist promotion. See RCW 36.32.450.
36.01.095 Emergency medical services—
Authorized—Fees. Any county may establish a system of
emergency medical service as defined by *RCW
18.73.030(11). The county legislative authority may adopt
by resolution procedures to collect reasonable fees in order
to reimburse the county in whole or in part for its costs of
providing such service: PROVIDED, That any county which
provides emergency medical services supported by an excess
levy may waive such charges for service: PROVIDED
FURTHER, That whenever the county legislative authority
determines that the county or a substantial portion of the
county is not adequately served by existing private ambulance service, and existing private ambulance service cannot
be encouraged to expand service on a contract basis, the
emergency medical service that is established by the county
shall not be deemed to compete with any existing private
[Title 36 RCW—page 6]
ambulance service as provided for in RCW 36.01.100.
[1975 1st ex.s. c 147 § 1.]
*Reviser’s note: RCW 18.73.030 was amended by 2000 c 93 § 16,
changing subsection (11) to subsection (9).
36.01.100 Ambulance service authorized—
Restriction. The legislative authority of any county may by
appropriate legislation provide for the establishment of a
system of ambulance service for the entire county or for
portions thereof, and award contracts for ambulance service:
PROVIDED, That such legislation may not provide for the
establishment of any system which would compete with any
existing private system. [1972 ex.s. c 89 § 1.]
36.01.104 Levy for emergency medical care and
services. See RCW 84.52.069.
36.01.105 Fire protection, ambulance or other
emergency services provided by municipal corporation
within county—Financial and other assistance authorized.
See RCW 36.32.470.
36.01.110 Federal grants and programs—Powers
and authority of counties to participate in—Public
corporations, commissions or authorities. See RCW
35.21.730 through 35.21.755.
36.01.115 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
36.01.120 Foreign trade zones—Legislative finding,
intent. It is the finding of the legislature that foreign trade
zones serve an important public purpose by the creation of
employment opportunities within the state and that the
establishment of zones designed to accomplish this purpose
is to be encouraged. It is the further intent of the legislature
that the department of community, trade, and economic
development provide assistance to entities planning to apply
to the United States for permission to establish such zones.
[1995 c 399 § 40; 1985 c 466 § 44; 1977 ex.s. c 196 § 5.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Effective date—1977 ex.s. c 196: See note following RCW
24.46.010.
36.01.125 Foreign trade zones—Authority to apply
for permission to establish, operate and maintain. A
county, as zone sponsor, may apply to the United States for
permission to establish, operate, and maintain foreign trade
zones: PROVIDED, That nothing herein shall be construed
to prevent these zones from being operated and financed by
a private corporation(s) on behalf of such county acting as
zone sponsor. [1977 ex.s. c 196 § 6.]
Effective date—1977 ex.s. c 196: See note following RCW
24.46.010.
36.01.130 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls
on rent is of statewide significance and is preempted by the
(2002 Ed.)
General Provisions
state. No county may enact, maintain or enforce ordinances
or other provisions which regulate the amount of rent to be
charged for single family or multiple unit residential rental
structures or sites other than properties in public ownership,
under public management, or properties providing lowincome rental housing under joint public-private agreements
for the financing or provision of such low-income rental
housing. This section shall not be construed as prohibiting
any county from entering into agreements with private
persons which regulate or control the amount of rent to be
charged for rental properties. [1991 c 363 § 43; 1981 c 75
§ 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Applicability to floating home moorage sites—Severability—1981
c 75: See notes following RCW 35.21.830.
36.01.150 Facilitating recovery from Mt. St. Helens
eruption—Scope of local government action. All entities
of local government and agencies thereof are authorized to
take action as follows to facilitate recovery from the devastation of the eruption of Mt. St. Helens:
(1) Cooperate with the state, state agencies, and the
United States Army Corps of Engineers and other agencies
of the federal government in planning dredge site selection
and dredge spoils removal;
(2) Counties and cities may re-zone areas and sites as
necessary to facilitate recovery operations;
(3) Counties may manage and maintain lands involved
and the deposited dredge spoils; and
(4) Local governments may assist the Army Corps of
Engineers in the dredging and dredge spoils deposit operations. [1982 c 7 § 3.]
Severability—1982 c 7: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1982 c 7 § 11.]
Facilitating recovery from Mt. St. Helens eruption—Legislative findings—
Purpose: RCW 43.01.200.
Scope of state agency action: RCW 43.01.210.
36.01.160 Penalty for act constituting a crime under
state law—Limitation. Except as limited by the maximum
penalty authorized by law, no county may establish a penalty
for an act that constitutes a crime under state law that is
different from the penalty prescribed for that crime by state
statute. [1993 c 83 § 2.]
Effective date—1993 c 83: See note following RCW 35.21.163.
36.01.170 Administration of trusts benefiting school
districts. Any county authorized by territorial law to
administer moneys held in trust for the benefit of school
districts within the county, which moneys were bequeathed
for such purposes by testamentary provision, may dissolve
any trust, the corpus of which does not exceed fifty thousand
dollars, and distribute any moneys remaining in the trust to
school districts within the county. Before dissolving the
trust, the county must adopt a resolution finding that conditions have changed and it is no longer feasible for the county
to administer the trust. [1998 c 65 § 1.]
(2002 Ed.)
36.01.130
36.01.180 Zoo and aquarium advisory authority—
Constitution—Terms. (1) For any county in which a
proposition authorized by RCW 82.14.400 has been passed,
there shall be created a zoo and aquarium advisory authority.
(2) The initial board of the authority shall be constituted
as follows:
(a) Three members appointed by the county legislative
authority to represent unincorporated areas;
(b) Two members appointed by the legislative authority
of the city with the largest population within the county; and
(c) Two members jointly appointed by the legislative
authorities of the remaining cities within the county representing at least sixty percent of the combined populations of
those cities.
(3) Board members shall hold office for whatever terms
are determined by their appointing authorities, except that no
term may be less than one year nor more than three years,
in duration. However, a vacancy may be filled by an appointment for a term less than twelve months in duration.
[1999 c 104 § 4.]
36.01.190 Initial meeting of zoo and aquarium
advisory authority—Expenditure of funds—Powers. (1)
Upon certification by the county auditor or, in the case of a
home rule county, upon certification by the chief elections
officer, that a proposition authorized under the terms of
RCW 82.14.400 has received a majority of votes cast on the
proposition, the county legislative authority shall convene an
initial meeting of the zoo and aquarium advisory authority.
(2) Consistent with any agreement between the local
governments specified in RCW 82.14.400(1) in requesting an
election, the zoo and aquarium advisory authority has
authority to expend such funds as it may receive on those
purposes set out in RCW 82.14.400(4). In addition, and
consistent with any limitation placed on the powers of the
authority in such an agreement, the zoo and aquarium
advisory authority may exercise the following powers:
(a) Acquire by purchase, gift, or grant and lease,
construct, add to, improve, replace, repair, maintain, operate,
and regulate the use of any zoo, aquarium, and wildlife
preservation and display facilities and properties, together
with all lands, rights-of-way, property, equipment, and
accessories necessary for those facilities;
(b) Contract with the United States or any agency
thereof, any state or agency thereof, any metropolitan
municipal corporation, any other county, city, special district,
or governmental agency, and any private person, firm, or
corporation for the purpose of receiving gifts or grants or
securing loans or advances for preliminary planning and
feasibility studies, or for the design, construction, operation,
or maintenance of zoo, aquarium, and wildlife preservation
and display facilities;
(c) Contract with any governmental agency or with a
private person, firm, or corporation for the use by either
contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and
rights-of-way of all kinds which are owned, leased, or held
by the other party, and for the purpose of planning, constructing, or operating any facility or performing any service
related to zoos, aquariums, and wildlife preservation and
display facilities;
[Title 36 RCW—page 7]
36.01.190
Title 36 RCW: Counties
(d) Fix rates and charges for the use of those facilities;
(e) Sue and be sued in its corporate capacity in all
courts and in all proceedings. [1999 c 104 § 3.]
36.01.200 Federal funds designated for state
schools—Use limited to reduction of outstanding debt
obligations of school districts. The county legislative
authority of any county that receives payment in lieu of
taxes and payment equal to tax funds from the United States
department of energy under section 168 of the federal atomic
energy act of 1954 and nuclear waste policy act of 1982 and
that has an agreed settlement or a joint stipulation dated
before January 1, 1998, which agreed settlement or joint
stipulation includes funds designated for state schools, may
direct the county treasurer to distribute those designated
funds to reduce the outstanding debt of the school districts
within the county. Any such funds shall be divided among
the school districts based upon the same percentages that
each district’s current assessed valuation is of the total
assessed value for all eligible school districts if the district
has outstanding debt that equals or exceeds the amount of its
distribution. If the district does not have outstanding debt
that equals or exceeds the amount of its distribution, any
amount above the outstanding debt shall be reallocated to the
remaining eligible districts. Any funds received before
January 1, 1999, shall be distributed using the percentages
calculated for 1998. The county treasurer shall apply the
funds to any outstanding debt obligation selected by the
respective school districts. [1999 c 19 § 1.]
36.01.210 Rail fixed guideway system—Safety and
security program plan. (1) Each county functioning under
chapter 36.56 RCW that owns or operates a rail fixed
guideway system as defined in RCW 81.104.015 shall
submit a system safety and security program plan for that
guideway to the state department of transportation by
September 1, 1999, or at least three months before beginning
operations or instituting revisions to its plan. This plan must
describe the county’s procedures for (a) reporting and
investigating reportable accidents, unacceptable hazardous
conditions, and security breaches, (b) submitting corrective
action plans and annual safety and security audit reports, (c)
facilitating on-site safety and security reviews by the state
department of transportation, and (d) addressing passenger
and employee security. The plan must, at a minimum, conform to the standards adopted by the state department of
transportation. If required by the department, the county
shall revise its plan to incorporate the department’s review
comments within sixty days after their receipt, and resubmit
its revised plan for review.
(2) Each county functioning under chapter 36.56 RCW
shall implement and comply with its system safety and
security program plan. The county shall perform internal
safety and security audits to evaluate its compliance with the
plan, and submit its audit schedule to the department of
transportation no later than December 15th each year. The
county shall prepare an annual report for its internal safety
and security audits undertaken in the prior year and submit
it to the department no later than February 15th. This
annual report must include the dates the audits were conducted, the scope of the audit activity, the audit findings and
[Title 36 RCW—page 8]
recommendations, the status of any corrective actions taken
as a result of the audit activity, and the results of each audit
in terms of the adequacy and effectiveness of the plan.
(3) Each county shall notify the department of transportation within twenty-four hours of an occurrence of a
reportable accident, unacceptable hazardous condition, or
security breach. The department may adopt rules further
defining a reportable accident, unacceptable hazardous
condition, or security breach. The county shall investigate
all reportable accidents, unacceptable hazardous conditions,
or security breaches and provide a written investigation
report to the department within forty-five calendar days after
the reportable accident, unacceptable hazardous condition, or
security breach.
(4) The security section of the safety and security plan
required in subsection (1)(d) of this section is exempt from
public disclosure under chapter 42.17 RCW. However, the
activities and plans as described in subsections (1)(a), (b),
and (c), (2), and (3) of this section are not subject to this
exemption. [1999 c 202 § 3.]
Effective date—1999 c 202: See note following RCW 35.21.228.
36.01.220 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A county shall transmit a copy of any
permit issued to a tenant or the tenant’s agent for a mobile
home, manufactured home, or park model installation in a
mobile home park to the landlord.
(2) A county shall transmit a copy of any permit issued
to a person engaged in the business of moving or installing
a mobile home, manufactured home, or park model in a
mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 20.]
Effective date—1999 c 359: See RCW 59.20.901.
Chapter 36.04
COUNTY BOUNDARIES
Sections
36.04.010
36.04.020
36.04.030
36.04.040
36.04.050
36.04.060
36.04.070
36.04.080
36.04.090
36.04.100
36.04.110
36.04.120
36.04.130
36.04.140
36.04.150
36.04.160
36.04.170
Adams county.
Asotin county.
Benton county.
Chelan county.
Clallam county.
Clark county.
Columbia county.
Cowlitz county.
Douglas county.
Ferry county.
Franklin county.
Garfield county.
Grant county.
Grays Harbor county.
Island county.
Jefferson county.
King county.
(2002 Ed.)
County Boundaries
36.04.180 Kitsap county.
36.04.190 Kittitas county.
36.04.200 Klickitat county.
36.04.210 Lewis county.
36.04.220 Lincoln county.
36.04.230 Mason county.
36.04.240 Okanogan county.
36.04.250 Pacific county.
36.04.260 Pend Oreille county.
36.04.270 Pierce county.
36.04.280 San Juan county.
36.04.290 Skagit county.
36.04.300 Skamania county.
36.04.310 Snohomish county.
36.04.320 Spokane county.
36.04.330 Stevens county.
36.04.340 Thurston county.
36.04.350 Wahkiakum county.
36.04.360 Walla Walla county.
36.04.370 Whatcom county.
36.04.380 Whitman county.
36.04.390 Yakima county.
36.04.400 Survey of county boundaries.
Reviser’s note: For the reasons set out in the second paragraph of the
explanatory note appended to chapter 4, Laws of 1963, the session laws
comprising chapter 36.04 RCW were neither repealed nor reenacted in the
1963 reenactment of Title 36 RCW. Pending reenactment of this chapter,
it is herein republished as revised by the 1941 code committee; for rules of
construction concerning such revision, see RCW 1.04.020 and 1.04.021.
36.04.010 Adams county. Adams county shall consist
of the territory bounded as follows, to wit: Beginning at the
northwest corner of township fourteen north, range twentyeight east of the Willamette Meridian; running thence north
to the fourth standard parallel; thence east to the Columbia
River Guide Meridian; thence north to the fifth standard
parallel; thence east on said parallel to the line between the
ranges thirty-eight and thirty-nine; thence south on said line
to where it intersects the Palouse river in township sixteen;
thence down said river to where the line between townships
fourteen and fifteen crosses said river; thence west on said
line to place of beginning. [1883 p 93 § 1; RRS § 3924.]
36.04.020 Asotin county. Asotin county shall consist
of the territory bounded as follows, to wit: Commencing at
a point in the channel of Snake river on the township line
between ranges forty-four and forty-five east, Willamette
Meridian; thence running south to the northwest corner of
section thirty, township eleven north, range forty-five east,
Willamette Meridian; thence west six miles; south one mile;
west two miles; south one mile; west one mile to the
northwest corner of section three in township ten north, of
range forty-three east, Willamette Meridian; thence south
eighteen miles; thence west three miles; thence south to the
Oregon line; thence east on said line to the midchannel of
Snake river; thence down the midchannel of Snake river to
the place of beginning. [1883 p 96 § 1; RRS § 3925.]
36.04.030 Benton county. Benton county shall
consist of the territory bounded as follows, to wit: Beginning at the point of intersection of the middle of the main
channel of the Columbia river with the township line
between township thirteen north, range twenty-three east, and
township thirteen north, range twenty-four east, Willamette
Meridian; thence running south along the township line,
being the line between range twenty-three east and range
(2002 Ed.)
Chapter 36.04
twenty-four east to the line between Yakima county and
Klickitat county; thence south along the township lines,
being the lines between ranges twenty-three east and twentyfour east, to the point of intersection with the middle of the
main channel of the Columbia river, or to its intersection
with the line between the states of Washington and Oregon;
thence northeasterly, northerly and northwesterly and
westerly along the middle of the main channel of the
Columbia river and up said stream to the place of beginning.
[1905 c 89 § 1; RRS § 3926.]
36.04.040 Chelan county. Chelan county shall consist
of the territory bounded as follows, to wit: Beginning at the
point of intersection of the middle of the main channel of the
Columbia river with the fifth standard parallel north, thence
running west along said fifth standard parallel north to the
point where said fifth standard parallel north intersects the
summit of the main divide between the waters flowing
northerly and easterly into the Wenatchee and Columbia
rivers, and the waters flowing southerly and westerly into the
Yakima river, thence in a general northwesterly direction
along the summit of said main divide between the waters
flowing northerly and easterly into the Wenatchee and
Columbia rivers and the waters flowing southerly and
westerly into the Yakima river, following the course of the
center of the summit of the watershed dividing the said
respective waters, to the center of the summit of the Cascade
mountains, at the eastern boundary line of King county;
thence north along the east boundary lines of King,
Snohomish and Skagit counties to the point upon the said
east boundary of Skagit county, where said boundary is
intersected by the watershed between the waters flowing
northerly and easterly into the Methow river and the waters
flowing southerly and westerly into Lake Chelan, thence in
a general southeasterly direction along the summit of the
main divide between the waters flowing northerly and easterly into the Methow river and the waters flowing westerly
and southerly into Lake Chelan and its tributaries; following
the course of the center of the summit of the watershed
dividing said respective waters, to the point where the
seventh standard parallel north intersects said center of the
summit of said watershed; thence east along the said seventh
standard parallel north to the point of intersection of the
middle of the main channel of the Columbia river with said
seventh standard parallel north; thence down the middle of
the main channel of the Columbia river to the point of
beginning. [1899 c 95 § 1; RRS § 3928.]
36.04.050 Clallam county. Clallam county shall
consist of the territory bounded as follows, to wit: Commencing at the northwest corner of Jefferson county at a
point opposite the middle of the channel between Protection
Island and Diamond Point on the west of Port Discovery
Bay; thence following up the middle of said channel to a
point directly east of the mouth of Eagle creek; thence west
to the mouth of Eagle creek; thence one mile west from the
mouth of said creek; thence south to the north boundary line
of township twenty-seven north, range two west; thence west
to the west boundary of the state in the Pacific Ocean;
thence northerly along said boundary to a point marking the
north terminus of the west boundary of the state in the
[Title 36 RCW—page 9]
36.04.050
Title 36 RCW: Counties
Pacific Ocean opposite the Strait of Juan de Fuca; thence
easterly along said Strait of Juan de Fuca, where it forms the
boundary between the state and British possessions, to the
place of beginning. [(i) 1869 p 292 § 1; 1867 p 45 § 1;
1854 p 472 § 1; RRS § 3929. (ii) 1925 ex.s. c 40 § 1; RRS
§ 3963-1.]
36.04.060 Clark county. Clark county shall consist
of the territory bounded as follows, to wit: Commencing at
the Columbia river opposite the mouth of Lewis river; thence
up Lewis river to the forks of said river; thence up the north
fork of Lewis river to where said north fork of Lewis river
intersects the range line between ranges four and five east;
thence due south to the Columbia river; thence with the main
channel of said river to the place of beginning. [(i) 1873 p
561 § 1; 1871 p 153 § 1; 1869 p 295 § 1; RRS § 3930. (ii)
1925 ex.s. c 51 § 1; RRS § 3930-1.]
36.04.070 Columbia county. Columbia county shall
consist of the territory bounded as follows, to wit: Commencing at a point in the middle of the channel of Snake
river, where the range line between ranges thirty-six and
thirty-seven east of the Willamette Meridian intersects said
point; thence south on said range line to the northwest corner
of township nine north, range thirty-seven east; thence east
on the north boundary line of township nine north, range
thirty-seven east, to the northeast corner of said township;
thence south on the line between ranges thirty-seven and
thirty-eight east of the Willamette Meridian, to the northwest
corner of township eight north, range thirty-eight east; thence
along the north boundary line of township eight north, range
thirty-eight east, to the northeast corner of said township;
thence due south to the line dividing the state of Washington
from the state of Oregon; thence due east on said dividing
line to the range line between ranges forty-one and forty-two
east; thence north on said range line to the corner of sections
thirteen, eighteen, nineteen and twenty-four, township ten
north, ranges forty-one and forty-two east; thence west three
miles; thence north three miles; thence west one mile; thence
north one mile; thence west one mile; thence north three
miles; thence west one mile; thence north to the southwest
corner of township twelve north, range forty-one east; thence
west on township line six miles; thence north on range line
between ranges thirty-nine and forty to a point in the
midchannel of Snake river; thence down the midchannel of
said river to the place of beginning. [(i) 1 H.C. § 6; 1875 p
133 § 1; RRS § 3931. (ii) 1879 p 226 § 1; RRS § 3960-1.
(iii) 1881 p 175 § 1; RRS § 3936.]
36.04.080 Cowlitz county. Cowlitz county shall
consist of the territory bounded as follows, to wit: Commencing at the Columbia river opposite the mouth of Lewis
river; thence up Lewis river to the forks of said river; thence
up the north fork of Lewis river to where said north fork of
Lewis river intersects the range line between ranges four and
five east; thence north to the line between townships ten and
eleven north; thence west to the first section line east of the
range line between ranges four and five west; thence south
on said line to the Columbia river, and up the Columbia
river to the place of beginning. [1873 p 561 § 1; 1871 p
[Title 36 RCW—page 10]
153 § 1; 1869 p 295 § 1; 1867 p 48 § 1; 1855 p 39; 1854 p
471 § 1; RRS § 3932.]
36.04.090 Douglas county. Douglas county shall
consist of the territory bounded as follows, to wit: Beginning at the point where the Columbia Guide Meridian intersects the Columbia river on the northern boundary of
Lincoln county; thence running south on said Columbia
Guide Meridian to the township line between townships
sixteen and seventeen north; thence running west on said
township line to the range line between ranges twenty-seven
and twenty-eight east; thence south on said range line to the
section line between sections twenty-four and twenty-five in
township fourteen north, range twenty-seven east; thence
west on said section line to the midchannel of the Columbia
river; thence up said channel of said river to the place of
beginning, excepting therefrom the territory hereinafter
constituted as Grant county. [1883 p 95 § 1; RRS § 3933.
(Grant county, 1909 c 17 § 1; RRS § 3937.)]
36.04.100 Ferry county. Ferry county shall consist
of the territory bounded as follows, to wit: Commencing at
the point where the east boundary line of Okanogan county
intersects the Columbia river; thence up the midchannel of
the Columbia river to the mouth of Kettle river; thence up
the midchannel of Kettle river to the boundary line between
the United States and British Columbia; thence westerly
along the said boundary line to the intersection thereof with
the said east boundary line of Okanogan county; thence
southerly along the said boundary line to the place of
beginning. [1899 c 18 § 1; RRS § 3934.]
36.04.110 Franklin county. Franklin county shall
consist of the territory bounded as follows, to wit: Beginning at a point where the midchannel of the Snake river
intersects that of the Columbia river, and running thence up
the Columbia river to a point where the section line between
sections twenty-one and twenty-eight, township fourteen
north, range twenty-seven east, Willamette Meridian, strikes
the main body of the Columbia river, on the east side of the
island; thence east on said section line to range line between
ranges twenty-seven and twenty-eight east; thence north on
said range line to the north boundary of township fourteen;
thence east on said north boundary of township fourteen to
the Palouse river; thence down said river to midchannel of
Snake river; thence down Snake river to place of beginning.
[1883 p 87 § 1; RRS § 3935.]
36.04.120 Garfield county. Garfield county shall
consist of the territory bounded as follows, to wit: Commencing at a point in the midchannel of Snake river on
range line between ranges thirty-nine and forty east, W.M.;
thence on said line south to the southwest corner of township
twelve north, range forty; thence east on township line six
miles; thence south to the southwest corner of section seven,
township eleven north, range forty-one east; thence east one
mile; thence south three miles; thence east one mile; thence
south one mile; thence east one mile; thence south three
miles; thence east three miles; thence south on township line
to the Oregon line; thence due east on said line six miles to
the southwest corner of Asotin county; thence northerly
(2002 Ed.)
County Boundaries
following the westerly boundary of Asotin county to a point
where the same intersects the midchannel of Snake river;
thence down the said midchannel of Snake river to the point
of beginning. [1883 p 96 § 1; 1881 p 175 § 1; RRS §
3936.]
36.04.130 Grant county. Grant county shall consist
of the territory bounded as follows, to wit: Beginning at the
southeast corner of township seventeen north, range thirty
east of the Willamette Meridian, thence running west on the
township line between townships sixteen and seventeen to
the range line between ranges twenty-seven and twentyeight; thence south on said range line to the section line
between sections twenty-four and twenty-five in township
fourteen north, range twenty-seven east; thence west on said
section line to the midchannel of the Columbia river; thence
up the channel of the river to a point, thence at right angles
to the course of said channel to the meander corner of section thirteen, township twenty north, range twenty-two east
Willamette Meridian, and section eighteen, township twenty
north, range twenty-three east Willamette Meridian; thence
north along the range line between ranges twenty-two and
twenty-three to the northwest corner of section eighteen,
township twenty-one north, range twenty-three east
Willamette Meridian; thence east one mile to the southeast
corner section seven, township twenty-one, range twentythree east; north one mile to the northwest corner section
eight, township twenty-one, range twenty-three east; east one
mile to the southeast corner of section five, township twentyone, range twenty-three east; north one mile to the northeast
corner section five, township twenty-one, range twenty-three
east; east one mile to the northeast corner of section four,
township twenty-one, range twenty-three east; north one mile
to the southeast corner section twenty-eight, township
twenty-two, range twenty-three east; east one mile to the
southeast corner section twenty-seven, township twenty-two,
range twenty-three east; north two miles to the northeast
corner of section twenty-two, township twenty-two, range
twenty-three east; east one mile to the southeast corner of
section fourteen, township twenty-two, range twenty-three
east; north one mile to the southeast corner section eleven,
township twenty-two, range twenty-three east; east one mile
to the southeast corner of section twelve, township twentytwo, range twenty-three east; north two miles to the northwest corner of section six, township twenty-two north, range
twenty-four east; east sixteen miles to the northeast corner of
section three, township twenty-two north, range twenty-six
east; north six miles to the northeast corner of section three,
township twenty-three north, range twenty-six east; east one
mile to the northeast corner of section two, township twentythree north, range twenty-six east; north one mile to the
northeast corner of section thirty-five, township twenty-four
north, range twenty-six east; east one mile to the southeast
corner of section twenty-five, township twenty-four north,
range twenty-six east; north one mile to the southeast corner
of section twenty-four, township twenty-four north, range
twenty-six east; east one mile to the southeast corner of
section nineteen, township twenty-four north, range twentyseven east; north one mile to the southeast corner of section
eighteen, township twenty-four north, range twenty-seven
east; east one mile to the southeast corner of section seven(2002 Ed.)
36.04.120
teen, township twenty-four north, range twenty-seven east;
north one mile to the southeast corner of section eight,
township twenty-four north, range twenty-seven east; east
one mile to the southeast corner of section nine, township
twenty-four north, range twenty-seven east; north one mile
to the southeast corner of section four, township twenty-four
north, range twenty-seven east; east one mile to the southeast
corner of section three, township twenty-four, range twentyseven east; north one mile to the northeast corner of section
three, township twenty-four, range twenty-seven east; east
three miles to the southeast corner of section thirty-one,
township twenty-five north, range twenty-eight east; north
one mile to the southeast corner of section thirty, township
twenty-five north, range twenty-eight east; east one mile to
the southeast corner of section twenty-nine, township twentyfive north, range twenty-eight east; north three miles to the
southeast corner of section eight, township twenty-five north,
range twenty-eight east; east one mile to the southeast corner
of section nine, township twenty-five north, range twentyeight east; north four miles to the southeast corner of section
twenty-one, township twenty-six north, range twenty-eight
east; east one mile to the southeast corner of section twentytwo, township twenty-six north, range twenty-eight east;
north one mile to the southeast corner of section fifteen,
township twenty-six north, range twenty-eight east; east one
mile to the southeast corner of section fourteen, township
twenty-six north, range twenty-eight east; north two miles to
the southeast corner of section two, township twenty-six
north, range twenty-eight east; east one mile to the southeast
corner of section one, township twenty-six north, range
twenty-eight east; north two miles to the southeast corner of
section twenty-five, township twenty-seven north, range
twenty-eight east; east one mile to the southeast corner of
section thirty, township twenty-seven north, range twentynine east; north six miles to the southeast corner of section
thirty, township twenty-eight north, range twenty-nine east;
east one mile to the southeast corner of section twenty-nine,
township twenty-eight north, range twenty-nine east; north
one mile to the southeast corner of section twenty, township
twenty-eight north, range twenty-nine east; east two miles to
the southeast corner of section twenty-two, township twentyeight north, range twenty-nine east; north one mile to the
southeast corner of section fifteen, township twenty-eight
north, range twenty-nine east; east one mile to the southeast
corner of section fourteen, township twenty-eight north,
range twenty-nine east; north two miles to the southeast
corner of section two, township twenty-eight north, range
twenty-nine east; east one mile to the southeast corner of
section one, township twenty-eight north, range twenty-nine
east; north one mile to the northeast corner of section one,
township twenty-eight north, range twenty-nine east; thence
east along township line between townships twenty-eight and
twenty-nine to the midchannel of the Columbia river; thence
up said channel of said river to the point where the Columbia Guide Meridian intersects said channel; thence running
south on said Columbia Guide Meridian to the place of
beginning. [1909 c 17 § 1; RRS § 3937.]
36.04.140 Grays Harbor county. Grays Harbor
county shall consist of the territory bounded as follows, to
wit: Commencing at the northeast corner of Pacific county;
[Title 36 RCW—page 11]
36.04.140
Title 36 RCW: Counties
thence west to the west boundary of the state in the Pacific
Ocean; thence northerly along said boundary, including
Gray’s Harbor, to a point opposite the mouth of Queets
river; thence east to the west boundary line of Mason
county; thence south to the northeast corner of township
eighteen north, range seven west; thence east fourteen miles
to the southeast corner of section thirty-two, township
nineteen north, range four west; thence south six miles to the
southeast corner of section thirty-two in township eighteen
north, range four west; thence east two miles to the southeast
corner of section thirty-four in the same township; thence
south to a point due east of the northeast corner of Pacific
county; thence west to the place of beginning. [(i) 1 H.C. §
3; 1873 p 482 § 1; 1869 p 296 § 1; RRS § 3927. (ii) 1915
c 77 § 1; RRS § 3938. (iii) 1925 ex.s. c 40 § 1; RRS §
3963-1.]
36.04.150 Island county. Island county shall consist
of all of the islands known as Whidbey, Camano, Smith’s
Deception and Ure’s and shall extend into the adjacent
channels to connect with the boundaries of adjoining
counties as defined by statute. [1891 c 119 p 217 § 1; 1877
p 425 §§ 1, 2; 1869 p 292 § 1; 1868 p 68 § 1; 1867 p 46 §
1; RRS § 3939.]
36.04.160 Jefferson county. Jefferson county shall
consist of the territory bounded as follows, to wit: Commencing at the middle of the channel of Admiralty Inlet due
north of Point Wilson; thence westerly along the Strait of
Juan de Fuca to the north of Protection Island, to a point
opposite the middle of the channel between Protection Island
and Diamond Point on the west of Port Discovery Bay;
thence following up the middle of said channel to a point
direct east of the mouth of Eagle creek; thence west to the
mouth of Eagle creek; thence one mile west from the mouth
of said creek; thence south to the summit of the Olympic
range of mountains, it being the southeast corner of Clallam
county, on the north boundary line of township twenty-seven
north, range two west; thence west to the west boundary of
the state in the Pacific Ocean; thence southerly along said
west boundary to a point opposite the mouth of the Queets
river; thence east to the range line dividing ranges six and
seven west; thence north on said range line to the sixth
standard parallel; thence east to the middle of the channel of
Hood Canal; thence northerly along said channel to the
middle of the channel of Admiralty Inlet; thence northerly
following the channel of said inlet to a point due north of
Point Wilson and place of beginning. [(i) 1 H.C. § 12; 1877
p 406 § 1; 1869 p 292 § 1; RRS § 3940. (ii) 1925 ex.s. c
40 § 1; RRS § 3963-1.]
36.04.170 King county. King county shall consist of
the territory bounded as follows, to wit: Beginning at the
point of intersection of the center of East Passage (also
known as Admiralty Inlet) on Puget Sound and the northerly
line of the Puyallup Indian Reservation (projected northwesterly); thence southeasterly in a straight line along said
northerly line of Puyallup Indian Reservation and same
extended to a point on the east line of section thirty-one,
township twenty-one, north, range four east, Willamette
Meridian; thence south along said east line of section thirty[Title 36 RCW—page 12]
one, township twenty-one, range four east, Willamette
Meridian, to the township line between township twenty
north and township twenty-one north (being the fifth
standard parallel north); thence east along said township line
between township twenty north and township twenty-one
north to the middle of the main channel of White river, near
the northeast corner of section three, township twenty north,
range five east, Willamette Meridian; thence upstream along
the middle of the main channel of White river to the forks
of White river and Greenwater river; thence upstream along
the middle of the main channel of the Greenwater river to
the forks of the Greenwater river and Meadow creek; thence
upstream along the middle of the main channel of Meadow
creek to the summit of the Cascade mountains, at a point
known as Naches Pass, said point lying in the southwest
quarter of section thirty-five, township nineteen north, range
eleven east, Willamette Meridian; thence northerly along the
summit of the Cascade mountains to a point on the township
line between township twenty-six north and township twentyseven north, said point lying near the north quarter-corner of
section three, township twenty-six north, range thirteen east,
Willamette Meridian; thence west along said township line
between township twenty-six north and twenty-seven north
to the middle of the channel known as Admiralty Inlet on
Puget Sound; thence southerly along said middle of channel
known as Admiralty Inlet through Colvo’s Passage (West
Passage) on the west side of Vashon Island to a point due
north of Point Defiance; thence southeasterly along middle
of channel between Vashon Island and Point Defiance
(Dalcos Passage) to a point due south of Quartermaster
Harbor; thence northeasterly along middle of channel known
as Admiralty Inlet to point of beginning. [1 H.C. § 13; 1869
p 293 § 1; 1867 p 46 § 1; 1854 p 470 § 1; RRS § 3941.]
Reviser’s note: Change in boundary by virtue of election in 1901
under chapter 36.08 RCW incorporated herein.
36.04.180 Kitsap county. Kitsap county shall consist
of the territory bounded as follows, to wit: Commencing in
the middle of Colvo’s Passage at a point due east of the
meander post between sections nine and sixteen, on west
side of Colvo’s Passage, in township twenty-two north, range
two east; thence west on the north boundary line of sections
sixteen, seventeen and eighteen, to the head of Case’s Inlet;
thence north along the east boundary of Mason county
through the center of townships twenty-two and twenty-three,
range one west, to the north line of said township twentythree; thence due west to the middle of the channel of Hood
Canal; thence along said channel to the middle of the main
channel of Admiralty Inlet; thence following the main
channels of said inlet and Puget Sound up to the middle of
Colvo’s Passage; thence following the channel of said passage to the place of beginning. [1877 p 406 § 1; 1869 p 293
§ 1; 1867 p 46 § 1; 1858 p 51 § 1; RRS § 3942.]
36.04.190 Kittitas county. Kittitas county shall
consist of the territory bounded as follows, to wit: Commencing at a point where the main channel of the Columbia
river crosses the township line between township fourteen
and fifteen north, range twenty-three east of the Willamette
Meridian, and running thence west on said township line to
the range line between ranges eighteen and nineteen east;
(2002 Ed.)
County Boundaries
thence north on said range line six miles, or to the township
line between the townships fifteen and sixteen north; thence
west on said township line to the range line between ranges
seventeen and eighteen east; thence north to the township
line between townships sixteen and seventeen north; thence
west along said township line and a line prolonged due west
to the Naches river; and thence northerly along the main
channel of the Naches river to the summit of the Cascade
mountains, or to the eastern boundary of King county; thence
north along the eastern boundary of King county to the point
where such boundary intersects the summit of the main
divide between the waters flowing northerly and easterly into
the Wenatchee and Columbia rivers and the water flowing
southerly and westerly into the Yakima river; thence in a
general southeasterly direction along the summit of such
main divide between the waters flowing northerly and
easterly into the Wenatchee and Columbia rivers and the
waters flowing southerly and westerly into the Yakima river,
following the course of the center of the summit of the
watershed dividing such respective waters, to the fifth
standard parallel north; thence east along the fifth standard
parallel north to the middle of the main channel of the
Columbia river; thence down the main channel of the
Columbia to the place of beginning. [1899 c 95 § 1; 1886
p 168 § 1; 1883 p 90 § 1; RRS § 3943.]
36.04.200 Klickitat county. Klickitat county shall
consist of the territory bounded as follows, to wit: Commencing at a point in the midchannel of the Columbia river
opposite the mouth of the White Salmon river; thence up the
channel of the White Salmon river as far north as the
southern boundary of township four north, range ten east of
Willamette Meridian; thence due west on the township line
to range nine east of Willamette Meridian; thence north
following said range line to where it intersects the south
boundary of Yakima county projected; thence east along the
north boundary of township six north until that line intersects
the range line between range twenty-three east and range
twenty-four east; thence south along such range line to the
Columbia river; thence down the Columbia river, midchannel, to the place of beginning. [1905 c 89 § 1; 1 H.C. § 17;
1881 p 187 § 1; 1873 p 571 § 1; 1869 p 296 § 1; 1868 p 60
§ 1; 1867 p 49 § 1; 1861 p 59 § 1; 1859 p 420 § 1; RRS §
3944.]
36.04.210 Lewis county. Lewis county shall consist
of the territory bounded as follows, to wit: Beginning at the
northwest corner of section eighteen, township fifteen north,
range five west; thence south along the west boundary of
range five west to the southwest corner of township eleven
north, range five west; thence east along the south boundary
of township eleven north to the summit of the Cascade
mountains; thence northerly along said summit to a point due
east of the head of Nisqually river; thence west to the head
of the Nisqually river; thence westerly down the channel of
the river to a point two miles north of the line between
townships fourteen and fifteen north; thence west to the
northwest corner of section twenty-six, township fifteen
north, range four west; thence north two miles to the
northwest corner of section fourteen, township fifteen north,
range four west; thence west to place of beginning. [1 H.C.
(2002 Ed.)
36.04.190
§§ 18, 19; 1888 p 73 § 1; 1879 p 213 § 1; 1869 p 295 § 1;
1867 p 48 § 1; 1861 p 33 § 1; RRS § 3945.]
36.04.220 Lincoln county. Lincoln county shall
consist of the territory bounded as follows, to wit: Beginning at the point in township twenty-seven north, where the
Colville Guide Meridian between ranges thirty-nine and forty
east, Willamette Meridian, intersects the Spokane river, and
running thence south along said meridian line to the township line between townships twenty and twenty-one north;
thence west along said township line to its intersection with
the Columbia Guide Meridian between ranges thirty and
thirty-one east, Willamette Meridian; thence north along said
meridian line to a point where it intersects the midchannel of
the Columbia river; thence up said river in the middle of the
channel thereof to the mouth of the Spokane river; thence up
the Spokane river, in the middle of the channel thereof, to
the place of beginning. [1883 p 89 § 1; 1883 p 95 § 1; RRS
§ 3946.]
36.04.230 Mason county. Mason county shall consist
of the territory bounded as follows, to wit: Commencing in
middle of the main channel of Puget Sound where it is
intersected in the midchannel of Case’s Inlet; thence westerly
along the midchannel of Puget Sound, via Dana’s Passage,
into Totten’s Inlet, and up said inlet to its intersection by
section line between sections twenty-eight and twenty-nine,
township nineteen north, range three west of the Willamette
Meridian; thence south to the southwest corner of section
thirty-three in township nineteen north, range three west;
thence west along the township line dividing townships
eighteen and nineteen, twenty miles, to the township line
dividing ranges six and seven west, of the Willamette
Meridian, which constitutes a part of the east boundary line
of Grays Harbor county; thence north along said township
line to the sixth standard parallel; thence east along said
parallel line to the middle of the channel of Hood Canal;
thence southerly along said midchannel to a point due west
of the intersection of the shore line of said Hood Canal by
the township line between townships twenty-three and
twenty-four; thence east along said township line to the line
dividing sections three and four in said township twentythree north, range one west of the Willamette Meridian;
thence south along said section line to the head of Case’s
Inlet; thence south by the midchannel of said inlet to the
place of beginning. [1877 p 406 § 1; 1869 p 293 § 1; 1867
p 45 § 1; 1864 p 71 § 1; 1863 p 7 (local laws portion) § 1;
1861 p 56 § 1; 1861 p 30 § 1; 1860 p 458 § 1; 1854 p 474
§ 1; 1854 p 470 § 1; RRS § 3947.]
36.04.240 Okanogan county. Okanogan county shall
consist of the territory bounded as follows, to wit: Beginning at the intersection of the forty-ninth parallel with the
range line between ranges thirty-one and thirty-two east, and
from thence running in a southerly direction on said range
line to the intersection of the said range line with the
Columbia river, and thence down the river to the seventh
standard parallel north; thence west along the seventh
standard parallel north to the watershed between the waters
flowing northerly and easterly into the Methow river and the
waters flowing southerly and westerly into Lake Chelan;
[Title 36 RCW—page 13]
36.04.240
Title 36 RCW: Counties
thence in a general northwesterly direction along the summit
of the main divide between the waters flowing northerly and
easterly into the Methow river and the waters flowing westerly and southerly into Lake Chelan and its tributaries;
following the course of the center of the summit of the
watershed dividing said respective waters to the point where
the same intersects the east boundary of Skagit county and
the summit of the Cascade mountains; thence northerly with
said summit to the forty-ninth parallel, and thence on the
said parallel to the place of beginning. [1899 c 95 § 1; 1888
p 70 § 1; RRS § 3948.]
36.04.250 Pacific county. Pacific county shall consist
of the territory bounded as follows, to wit: Commencing at
the midchannel of the Columbia river at the point of intersection of the line between ranges eight and nine west;
thence north along said line to the north boundary of
township ten north; thence east along said boundary to the
line between ranges five and six west; thence north along the
west boundary of range five west to the northwest corner of
section eighteen in township fifteen north, range five west;
thence west to the west boundary of the state in the Pacific
Ocean; thence southerly along said boundary, including
Shoalwater Bay, to a point opposite Cape Disappointment;
thence up midchannel of the Columbia river to the place of
beginning. [(i) 1879 p 213 § 1; 1873 p 538 § 1; 1867 p 49
§ 1; 1860 p 429 § 1; 1854 p 471 § 1; RRS § 3949. (ii)
1925 ex.s. c 40 § 1; RRS § 3963-1.]
36.04.260 Pend Oreille county. Pend Oreille county
shall consist of the territory bounded and described as
follows, to wit: Beginning at the southeast corner of section
thirty-six in township thirty north, range forty-two east of the
Willamette Meridian; thence running north, along the east
line of said township thirty north, range forty-two east of the
Willamette Meridian, to the northeast corner of section one,
in said township thirty; thence west to the southwest corner
of section thirty-four in township thirty-one north, range
forty-two east of Willamette Meridian; thence north, along
the west line of sections thirty-four, twenty-seven and
twenty-two of said township thirty-one north, range forty-two
east of Willamette Meridian; thence north on a line from the
northwest corner of section twenty-two in township thirtyone to a point on the north line of township thirty-one,
midway between the northeast corner and the northwest
corner of said township thirty-one, which line will be the
west line of sections fifteen, ten and three of said township
thirty-one, when the same are surveyed; thence to the center
point on the south line of township thirty-two north, range
forty-two east of Willamette Meridian; thence north on the
north and south center line of said township thirty-two,
which line will be the west line of sections thirty-four,
twenty-seven, twenty-two, fifteen, ten, and three of township
thirty-two when the same is surveyed, to the north line of
said township thirty-two; thence to the center point on the
south line of township thirty-three north, range forty-two east
of Willamette Meridian; thence north, on the north and south
center line of township thirty-three north of range forty-two
east of Willamette Meridian, which line will be the west line
of sections thirty-four, twenty-seven, twenty-two, fifteen, ten
and three of said township thirty-three, when the same is
[Title 36 RCW—page 14]
surveyed, to the north line of said township thirty-three;
thence to the center point on the south line of township
thirty-four north, range forty-two east of Willamette Meridian; thence north on the north and south center line of said
township thirty-four, which line will be the west line of sections thirty-four, twenty-seven, twenty-two, fifteen, ten and
three of said township thirty-four when the same are surveyed, to the north line of said township; thence to the
center point on the south line of township thirty-five north,
range forty-two east of Willamette Meridian; thence north,
on the north and south center line of township thirty-five
north, range forty-two east of Willamette Meridian, which
line will be the west line of sections thirty-four, twentyseven, twenty-two, fifteen, ten and three of said township
thirty-five when the same are surveyed to the north line of
said township thirty-five; thence to the southwest corner of
section thirty-four in township thirty-six north, range fortytwo east of Willamette Meridian; thence north, along the
west line of sections thirty-four, twenty-seven, twenty-two,
fifteen, ten and three to the northwest corner of section three
of said township thirty-six; thence west along the south line
of township thirty-seven north, range forty-two, and township thirty-seven north, range forty-one east of the
Willamette Meridian, to the center point on the south line of
said township thirty-seven north, range forty-one east of the
Willamette Meridian, which point will be the southwest
corner of section thirty-four in said township thirty-seven
north, range forty-one east of the Willamette Meridian, when
the same are surveyed; thence north along the north and
south center line of said township thirty-seven north, range
forty-one east of the Willamette Meridian, which line will be
the west line of sections thirty-four, twenty-seven, twentytwo, fifteen, ten and three of said township when the same
are surveyed, to the north line of said township thirty-seven;
thence east, along the south line of township thirty-eight
north, range forty-one east of Willamette Meridian to the
southeast corner of said township thirty-eight north, range
forty-one east of the Willamette Meridian; thence to the
southwest corner of section thirty-one in township thirtyeight north, range forty-two east of Willamette Meridian;
thence north, along the west line of said township thirtyeight, to the northwest corner of said township thirty-eight;
thence east along the north line of township thirty-eight, to
the center point on the south line of township thirty-nine
north, range forty-two east of Willamette Meridian, which
point will be the southwest corner of section thirty-four of
said township thirty-nine when the same are surveyed;
thence north along the north and south center line of said
township thirty-nine, which line will be the west line of
sections thirty-four, twenty-seven, twenty-two, fifteen, ten
and three of said township thirty-nine, when the same are
surveyed, to the north line of said township thirty-nine;
thence east along the south line of township forty north,
range forty-two east, of Willamette Meridian to the southeast
corner of said township forty; thence north, along the east
line of said township forty, to the international boundary
line; thence east along the international boundary line, to the
intersection of the state line between the states of Washington and Idaho with said international boundary line; thence
south along said state line, to the southeast corner of section
thirty-one, township thirty north, range forty-six east of
Willamette Meridian; thence due west to the southeast corner
(2002 Ed.)
County Boundaries
of section thirty-six, township thirty north, range forty-two
east of Willamette Meridian, to the place of beginning.
[1911 c 28 § 1; RRS § 3950.]
36.04.270 Pierce county. Pierce county shall consist
of the territory bounded as follows, to wit: Commencing at
the mouth, midchannel, of the Nisqually river; thence
following the main channel of said river to its head; thence
due east to the summit of the Cascade mountains; thence
northerly along the summit to the head of the Green Water;
thence westerly down said river to its confluence with White
river; thence down the main channel of White river to the intersection of the fifth standard parallel; thence west along
said line to the southeast corner of section thirty-one,
township twenty-one north, range four east of Willamette
Meridian; thence north along the east line of said section
thirty-one to its intersection with the northerly line of the
Puyallup Indian reservation; thence northwesterly on said
line of the Puyallup Indian reservation, projected northwesterly in a straight line, to its intersection with the center line
of Puget Sound; thence southwesterly and westerly following
the channel of Dalco Passage to the south entrance of
Colvo’s Passage; thence down the channel of said passage to
the northeast corner of section sixteen, in township twentytwo north, range two east; thence west to the northeast
corner of section sixteen, in township twenty-two north,
range one west; thence southerly along the channels of
Case’s Inlet and Puget Sound, to the middle of the mouth of
the Nisqually river and place of beginning. [1869 p 294 §
1; 1867 p 47 § 1; 1859 p 59 § 1; 1855 p 43 § 1; RRS §
3951.]
36.04.280 San Juan county. San Juan county shall
consist of the territory bounded as follows, to wit: Commencing in the Gulf of Georgia at the place where the
boundary line between the United States and the British
possessions deflects from the forty-ninth parallel of north
latitude; thence following said boundary line through the
Gulf of Georgia and Haro Strait to the middle of the Strait
of Fuca; thence easterly through Fuca Straits along the center
of the main channel between Blunt’s Island and San Juan
and Lopez Islands to a point easterly from the west entrance
of Deception Pass, until opposite the middle of the entrance
to the Rosario Straits; thence northerly through the middle of
Rosario Straits and through the Gulf of Georgia to the place
of beginning. [1877 p 425 § 1; 1873 p 461 § 1; RRS §
3952.]
36.04.290 Skagit county. Skagit county shall consist
of the territory bounded as follows, to wit: Commencing at
midchannel of Rosario Strait where the dividing line between
townships thirty-six and thirty-seven intersects the same;
thence east on said township line to the summit of the
Cascade mountains; thence south along the summit of said
mountain range to the eighth standard parallel; thence west
along the parallel to the center of the channel or deepest
channel of the nearest arm of Puget Sound and extending
along said channel to the east entrance of Deception Pass;
thence through said pass to the center of the channel of
Rosario Strait; thence northerly along said channel to the
place of beginning. [1883 p 97 § 1; RRS § 3953.]
(2002 Ed.)
36.04.260
36.04.300 Skamania county. Skamania county shall
consist of the territory bounded as follows, to wit: Commencing on the Columbia river at a point where range line
four east strikes said river; thence north to the north boundary of township ten north; thence east to a point due north
of the mouth of White Salmon; thence south to the township
line dividing townships six and seven; thence west to the
northwest corner of Klickitat county; thence south along the
west boundary of said county to the Columbia river; thence
along the midchannel of said river to the place of beginning.
[1881 p 187 § 1; 1879 p 213 § 1; 1867 p 49 § 1; 1854 p
472 § 1; RRS § 3954.]
36.04.310 Snohomish county. Snohomish county
shall consist of the territory bounded as follows, to wit:
Commencing at the southwest corner of Skagit county;
thence east along the eighth standard parallel to the summit
of the Cascade mountains; thence southerly along the summit
of the Cascade mountains to the northeast corner of King
county, it being a point due east of the northeast corner of
township twenty-six north, range four east; thence due west
along the north boundary of King county to Puget Sound;
thence northerly along the channel of Puget Sound and
Possession Sound to the entrance of Port Susan, including
Gedney Island; thence up the main channel of Port Susan to
the mouth of the Stillaguamish river; thence northwesterly
through the channel of the slough at the head of Camano
Island, known as Davis Slough; thence northerly to the place
of beginning. [1877 p 426 § 3; 1869 p 291 § 1; 1867 p 44
§ 1; 1862 p 107 § 1; 1861 p 19 § 1; RRS § 3955.]
36.04.320 Spokane county. Spokane county shall
consist of the territory bounded as follows, to wit: Commencing at the northeast corner of Lincoln county; thence up
the midchannel of the Spokane river to the Little Spokane
river; thence north to the township line between townships
twenty-nine and thirty; thence east to the boundary line
between Washington and Idaho; thence south on said
boundary line to the fifth standard parallel; thence west on
said parallel to the Colville Guide Meridian; thence north on
said meridian to the place of beginning. [1879 p 203; 1864
p 70; 1860 p 436; 1858 p 51; RRS § 3956.]
36.04.330 Stevens county. Stevens county shall
consist of the territory bounded as follows, to wit: Commencing at the southeast corner of township thirty north,
range forty-two east of the Willamette Meridian; thence
north to the northeast corner of said township; thence west
to the southwest corner of section thirty-four, township
thirty-one north, range forty-two east; thence north along the
center line of townships thirty-one, thirty-two, thirty-three,
thirty-four, thirty-five and thirty-six in said range forty-two
east to the northwest corner of section three in township
thirty-six north; thence west to the northwest corner of
section three, township thirty-six north, range forty-one east;
thence north along the center line of township thirty-seven
to the northwest corner of section three in said township;
thence east to the northeast corner of said township; thence
north to the northwest corner of township thirty-eight, range
forty-two east; thence east to the northwest corner of section
three of said township; thence north along the center line of
[Title 36 RCW—page 15]
36.04.330
Title 36 RCW: Counties
township thirty-nine to the northwest corner of section three
in said township; thence east to the northeast corner of said
township; thence north to the northern boundary line of the
state; thence west to where said boundary line intersects the
middle of the channel of the Kettle river; thence south along
said channel to its confluence with the Columbia river;
thence continuing south along the middle of the channel of
the Columbia river to its confluence with the Spokane river;
thence easterly along the channel of the Spokane to the Little
Spokane river; thence north to the township line separating
townships twenty-nine and thirty; thence east to the place of
beginning. [(i) 1 H.C. § 30; 1888 p 70; 1879 p 203; 1869
p 297; 1867 p 50; 1864 p 70; 1863 p 6; RRS § 3957. (ii)
1899 c 18 § 1; RRS § 3934.]
36.04.340 Thurston county. Thurston county shall
consist of the territory bounded as follows, to wit: Commencing at the southeast corner of section thirty-two in
township nineteen north, range four west; thence east on the
township line to the southeast corner of section thirty-two in
township nineteen north, range three west; thence north to
the middle of the channel of Totten’s Inlet; thence along said
channel to the waters of Puget Sound, intersecting the line
in the channel of Puget Sound west of the southern portion
of Squaxen Reservation; thence following said channel to the
mouth of the Nisqually river; thence up midchannel of said
river to a point where it strikes the north boundary of Lewis
county; thence due west to the northwest corner of section
twenty-six, township fifteen north, range four west; thence
north to the southeast corner of section thirty-four in
township eighteen north, range four west; thence west on the
township line to the southeast corner of section thirty-two;
thence north on the section line to the place of beginning.
[1 H.C. § 31; 1873 p 482; 1869 p 294; 1867 p 47; 1863 p 7;
1860 p 458; RRS § 3958.]
36.04.350 Wahkiakum county. Wahkiakum county
shall consist of the territory bounded as follows, to wit:
Commencing at the southeast corner of Pacific county, on
the Columbia river; thence up midchannel of said river to the
southwest corner of Cowlitz county; thence north to the
northwest corner of Cowlitz county; thence west on the
northern boundary of township ten north to the line between
ranges eight and nine west; thence south to the place of
beginning. [1879 p 213; 1869 p 295; 1867 p 48; 1854 p
474; RRS § 3959.]
36.04.360 Walla Walla county. Walla Walla county
shall consist of the territory bounded as follows, to wit:
Commencing at a point where the boundary line between
Washington and Oregon intersects the Columbia river;
thence up the main channel of the Columbia to the mouth of
the Snake river; thence up the main channel of said river to
where the range line between ranges thirty-six and thirtyseven intersects said point; thence south on said range line
to the northwest corner of township nine north, range thirtyseven east; thence east on the north boundary line of
township nine north, range thirty-seven east, to the northeast
corner of said township; thence south on the line between
ranges thirty-seven and thirty-eight east, of the Willamette
Meridian, to the northwest corner of township eight north,
[Title 36 RCW—page 16]
range thirty-eight east; thence along the north boundary line
of township eight north, range thirty-eight east, to the
northeast corner of said township; thence due south to the
line dividing the state of Washington from the state of
Oregon; thence due west on said dividing line to the place
of beginning. [(i) 1 H.C. § 33; 1879 p 226; 1875 p 133;
1869 p 397; 1868 p 60; 1867 p 50; 1858 p 51; 1854 p 472;
RRS § 3960. (ii) 1879 p 226; RRS § 3960-1.]
36.04.370 Whatcom county. Whatcom county shall
consist of the territory bounded as follows, to wit: Commencing on the forty-ninth parallel at the point dividing the
American and British possessions in the Gulf of Georgia;
thence along said boundary line to where it deflects at the
north entrance to the Haro Strait; thence along the northeasterly boundary of San Juan county to the ninth standard
parallel, or the northwest corner of Skagit county; thence due
east along said parallel to the summit of the Cascade
mountains; thence northerly along the summit of said
mountains to the forty-ninth parallel of north latitude; thence
west along said parallel to the place of beginning. [1 H.C.
§ 34; 1877 p 426; 1869 p 291; 1867 p 44; 1859 p 60; 1854
p 475; RRS § 3961.]
36.04.380 Whitman county. Whitman county shall
consist of the territory bounded as follows, to wit: Commencing at a point where the range line between ranges thirty-eight and thirty-nine east intersects the fifth standard
parallel, being the northeast corner of Adams county; thence
east on said parallel to the boundary line between Idaho and
Washington; thence south on said boundary line to the
midchannel of the Snake river; thence down the midchannel
of the Snake river to its intersection with the midchannel of
the Palouse river; thence north along the midchannel of the
Palouse river to the point where the same intersects the
range line between ranges thirty-eight and thirty-nine east;
thence north along said range line to the place of beginning.
[(i) 1 H.C. § 35; 1875 p 189; 1871 p 134; RRS § 3962. (ii)
1883 p 87; RRS § 3935. (iii) 1883 p 93; RRS § 3924.]
36.04.390 Yakima county. Yakima county shall
consist of the territory bounded as follows, to wit: Commencing at the northwest corner of township six north of
range twelve east; thence east along the north boundary of
township six north until said line intersects the range line
between range twenty-three east and range twenty-four east;
thence north along said range line to the Columbia river;
thence north up the midchannel of said river to the southeast
corner of Kittitas county; thence along the southern boundary
of Kittitas county to the summit of the Cascade mountains;
thence southerly to the southeast corner of Lewis county;
thence west along the line of said county to the northeast
corner of Skamania county; thence along the east line of
Skamania county to the line between townships six and
seven north; thence east along said line to the place of
beginning. [1905 c 89 § 1; 1886 p 168; 1873 p 571; 1869
p 296; 1868 p 60; 1867 p 50; RRS § 3963.]
36.04.400 Survey of county boundaries. All common boundaries and common corners of counties not
adequately marked by natural objects or lines, or by surveys
(2002 Ed.)
County Boundaries
lawfully made, must be definitely established by surveys
jointly made by all the counties affected thereby, and
approved by the board of county commissioners of such
counties. The cost of making such surveys shall be apportioned equally among the counties interested, and the board
of county commissioners shall audit the same, and the
amounts shall be paid out of the county current expense
fund. [Code 1881 § 2661; RRS § 3990.]
Chapter 36.05
ACTIONS TO ESTABLISH BOUNDARIES
Sections
36.05.010 Suit in equity authorized—Grounds.
36.05.020 Noninterested judge to sit.
36.05.030 Residents of area may intervene.
36.05.040 Questions of fact to be determined.
36.05.050 Court may establish boundary line.
36.05.060 Practice in civil actions to prevail.
36.05.070 Copies of decree to be filed and recorded.
36.05.080 "Territory" defined.
Lines not to be changed by special act: State Constitution Art. 2 § 28(18).
36.05.010 Suit in equity authorized—Grounds.
Whenever the boundary line between two or more adjoining
counties in this state are in dispute, or have been lost by
time, accident or any other cause, or have become obscure
or uncertain, one or more of the counties, in its corporate
name, may bring and maintain suit against such other
adjoining county or counties, in equity, in the superior court,
to establish the location of the boundary line or lines. [1963
c 4 § 36.05.010. Prior: 1897 c 76 § 1; RRS § 3964.]
36.05.020 Noninterested judge to sit. A suit to
establish county boundary lines shall be tried before a judge
of the superior court who is not a resident of a county which
is a party to such suit, or of a judicial district embracing any
such county. [1963 c 4 § 36.05.020. Prior: 1897 c 76 § 2;
RRS § 3965.]
36.05.030 Residents of area may intervene. A
majority of the voters living in the territory embracing such
disputed, lost, obscure, or uncertain boundary line may, by
petition, duly verified by one or more of them, intervene in
the suit, and thereupon the court shall have jurisdiction and
power, in locating and establishing the boundary line or
lines, to strike or transfer from one county to another a strip
or portion of such territory not exceeding two miles in width.
[1963 c 4 § 36.05.030. Prior: 1897 c 76 § 3; RRS § 3966.]
36.05.040 Questions of fact to be determined. The
boundaries of such territory, the number of voters living
therein, and the sufficiency of such petition are questions of
fact to be determined by the court. [1963 c 4 § 36.05.040.
Prior: 1897 c 76 § 5; RRS § 3968.]
36.05.050 Court may establish boundary line. The
court shall have power to move or establish such boundary
line on any government section line or subdivisional line
thereof, of the section in or through which said disputed,
lost, obscure or uncertain boundary line may be located, or
(2002 Ed.)
36.04.400
if such boundary line is in unsurveyed territory, then the
court shall have power to move or establish such boundary
line so it will conform to extensions of government section
lines already surveyed in that vicinity. [1963 c 4 §
36.05.050. Prior: 1897 c 76 § 6; RRS § 3969.]
36.05.060 Practice in civil actions to prevail. The
practice, procedure, rules of evidence, and appeals to the
supreme court or the court of appeals applicable to civil
actions, are preserved under this chapter. [1971 c 81 § 96;
1963 c 4 § 36.05.060. Prior: 1897 c 76 § 7; RRS § 3970.]
36.05.070 Copies of decree to be filed and recorded.
The clerk of the court in whose office a decree is entered
under the provisions of this chapter, shall forthwith furnish
certified copies thereof to the secretary of state, and to the
auditors of the counties, which are parties to said suit. The
secretary of state, and the county auditors, shall file and
record said copies of the decree in their respective offices.
[1963 c 4 § 36.05.070. Prior: 1897 c 76 § 8; RRS § 3971.]
36.05.080 "Territory" defined. The term "territory,"
as used in this chapter, means that portion of counties lying
along the boundary line and within one mile on either side
thereof. [1963 c 4 § 36.05.080. Prior: 1897 c 76 § 4; RRS
§ 3967.]
Chapter 36.08
TRANSFER OF TERRITORY WHERE CITY’S
HARBOR LIES IN TWO COUNTIES
Sections
36.08.010
36.08.020
36.08.030
36.08.040
36.08.050
36.08.060
36.08.070
36.08.080
36.08.090
36.08.100
Petition and notice of election.
Conduct of election—Proclamation of change.
Official proceedings not disturbed by transfer.
Local officers to serve out terms.
Transferee county liable for existing debts—Exception.
Adjustment of indebtedness.
Arbitration of differences.
Expense of proceedings.
Transcript of records by county auditor.
Construction—Limitations.
36.08.010 Petition and notice of election. If a
harbor, inlet, bay, or mouth of river is embraced within two
adjoining counties, and an incorporated city is located upon
the shore of such harbor, bay, inlet, or mouth of river and it
is desired to embrace within the limits of one county, the
full extent of the shore line of the harbor, port, or bay, and
the waters thereof, together with a strip of the adjacent and
contiguous upland territory not exceeding three miles in
width, to be measured back from highwater mark, and six
miles in length, and not being at a greater distance in any
part of said strip from the courthouse in the county seat of
the county to which the territory is proposed to be annexed,
as such county seat and courthouse are now situated, than
ten miles, a majority of the qualified electors living in such
territory may petition to have the territory stricken from the
county of which it shall then be a part, and added to and
made a part of the county contiguous thereto.
The petition shall describe with certainty the bounds and
area of the territory, with the reasons for making the change
[Title 36 RCW—page 17]
36.08.010
Title 36 RCW: Counties
and shall be presented to the board of county commissioners
of the county in which the territory is located, which shall
proceed to ascertain if the petition contains the requisite
number of petitioners, who must be bona fide residents of
the territory sought to be stricken off and transferred to the
contiguous county.
If satisfied that the petition is signed by a majority of
the bona fide electors of the territory, and that there will
remain in the county from which it is taken more than four
thousand inhabitants, the board shall make an order that a
special election be held within the limits of the territory
described in the petition, on a date to be named in the order.
Notices of the election shall contain a description of the
territory proposed to be transferred and the names of the
counties from and to which the transfer is intended to be
made, and shall be posted and published as required for
general elections. [1963 c 4 § 36.08.010. Prior: 1891 c
144 § 1; RRS § 3972.]
36.08.020 Conduct of election—Proclamation of
change. The election shall be conducted in all respects as
general elections are conducted under the laws governing
general elections, in so far as they may be applicable, except
that there shall be triplicate returns made, one to each of the
respective county auditors and another to the office of the
secretary of state. The ballots used at such election shall
contain the words "for transferring territory," or "against
transferring territory." The votes shall be canvassed, as by
law required, within twenty days, and if three-fifths of the
votes cast in the territory at such election are "for transferring territory," the territory described in the petition shall
become a part of and be added to and made a part of the
county contiguous thereto, and within thirty days after the
canvass of the returns of the election, the governor shall
issue his proclamation of the change of county lines. [1963
c 4 § 36.08.020. Prior: 1891 c 144 § 2; RRS § 3973.]
36.08.030 Official proceedings not disturbed by
transfer. All assessments and collection of taxes, and all
judicial or other official proceedings commenced prior to the
governor’s proclamation transferring territory to a contiguous
county, shall be continued, prosecuted, and completed in the
same manner as if no such transfer had been made. [1963
c 4 § 36.08.030. Prior: 1891 c 144 § 3; RRS § 3974.]
36.08.040 Local officers to serve out terms. All
township, precinct, school, and road district officers within
the transferred territory shall continue to hold their respective
offices within the county to which they may be transferred
until their respective terms of office expire, and until their
successors are elected and qualified. [1963 c 4 § 36.08.040.
Prior: 1891 c 144 § 4; RRS § 3975.]
36.08.050 Transferee county liable for existing
debts—Exception. Every county which is thus enlarged by
territory taken from another county shall be liable for a just
proportion of the existing debts of the county from which
such territory is stricken, which proportion shall be paid by
the county to which such territory is transferred at such time
and in such manner as may be agreed upon by the boards of
county commissioners of both counties: PROVIDED, That
[Title 36 RCW—page 18]
the county to which the territory is transferred shall not be
liable for any portion of the debt of the county from which
the territory is taken, incurred in the purchase of any county
property, or the construction of any county building then in
use or under construction, which shall fall within and be
retained by the county from which the territory is taken.
[1963 c 4 § 36.08.050. Prior: 1891 c 144 § 5; RRS §
3976.]
36.08.060 Adjustment of indebtedness. The county
auditors of the respective counties interested in the transfer
of territory, as in this chapter provided, are constituted a
board of appraisers and adjusters, to appraise the property,
both real and personal, owned by the county from which the
territory is taken, and to adjust the indebtedness of such
county with the county to which such territory is transferred,
in proportion to the amount of taxable property within the
territory taken from the one county and transferred to the
other. [1963 c 4 § 36.08.060. Prior: 1891 c 144 § 6; RRS
§ 3977.]
36.08.070 Arbitration of differences. If the board of
appraisers and adjusters do not agree on any subject, value,
or settlement, they shall choose a third man from an adjoining county to settle their differences, and the decision thus
arrived at shall be final. [1963 c 4 § 36.08.070. Prior:
1891 c 144 § 7; RRS § 3978.]
36.08.080 Expense of proceedings. The expense of
the proceedings and election provided for in this chapter
shall be paid by the county to which the territory is attached.
[1963 c 4 § 36.08.080. Prior: 1891 c 144 § 8; RRS §
3979.]
36.08.090 Transcript of records by county auditor.
The county auditor of the county to which any territory may
be transferred may take transcripts of all records, books,
papers, etc., on file in the office of the county auditor of the
county from which the territory has been transferred, which
may be necessary to perfect the records of his county, and
for this purpose he shall have access to the records of the
county from which such territory is stricken, free of cost.
[1963 c 4 § 36.08.090. Prior: 1891 c 144 § 9; RRS §
3980.]
36.08.100 Construction—Limitations. Nothing in
this chapter shall be construed to authorize the annexing of
territory of one county to a neighboring county, where the
territory proposed to be annexed, or any part thereof, is at a
greater distance than ten miles from the courthouse in the
county seat of the county to which said territory is proposed
to be annexed, as said courthouse is now located, nor to
authorize the annexation of any territory at a greater distance
than three miles from high water mark of tide water, but
such annexation shall be strictly confined within said limits.
[1963 c 4 § 36.08.100. Prior: 1891 c 144 § 10; RRS §
3981.]
(2002 Ed.)
New County—Liability for Debts
Chapter 36.09
NEW COUNTY—LIABILITY FOR DEBTS
(Formerly: Division of county)
Sections
36.09.010
36.09.020
Debts and property to be apportioned.
Procedure to settle amount charged new county—Basis of
apportionment.
36.09.035 Procedure to settle amount charged new county—
Disagreement between auditors—Determination by third
person.
36.09.040 Payment of indebtedness—Transfer of property.
36.09.050 Collection of taxes levied—Apportionment.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
New county
formation by special act allowed: State Constitution Art. 2 § 28(18).
restrictions on formation: State Constitution Art. 11 § 3.
36.09.010 Debts and property to be apportioned.
Whenever a new county shall be or shall have been organized out of the territory which was included within the limits of any other county or counties, the new county shall be
liable for a reasonable proportion of the debts of the county
from which it was taken, and entitled to its proportion of the
property of the county. [1963 c 4 § 36.09.010. Prior: Code
1881 § 2657; 1863 p 538 § 3; 1854 p 330 § 1; RRS § 3986.]
36.09.020 Procedure to settle amount charged new
county—Basis of apportionment. The auditor of the old
county shall give the auditor of the new county reasonable
notice to meet him on a certain day at the county seat of the
old county, or at some other convenient place, to settle upon
and fix the amount which the new county shall pay. In
doing so, they shall not charge either county with any share
of debts arising from the erection of public buildings, or out
of the construction of roads or bridges which shall be and
remain, after the division, within the limits of the other
county, and of the other debts they shall apportion to each
county such a share of the indebtedness as may be just and
equitable, taking into consideration the population of such
portion of territory so forming a part of the said counties
while so united, and also the relative advantages, derived
from the old county organization. [1963 c 4 § 36.09.020.
Prior: (i) Code 1881 § 2658; 1863 p 538 § 4; 1854 p 330
§ 2; RRS § 3987. FORMER PART OF SECTION: 1909
c 79 § 1, part; Code 1881 § 2662, part; RRS § 3991, part.
Now codified in RCW 36.09.050.]
36.09.035 Procedure to settle amount charged new
county—Disagreement between auditors—Determination
by third person. In case the two auditors cannot agree,
they shall call a third person, not a citizen of either county,
or in any other manner interested, whose decision shall be
binding. In case they cannot agree upon such third person,
they shall each name one and decide by lot which it shall be.
[1963 c 4 § 36.09.035. Prior: Code 1881 § 2659; 1863 p
539 § 5; 1854 p 330 § 3; RRS § 3988.]
36.09.040 Payment of indebtedness—Transfer of
property. The auditor of the county indebted upon such
decision shall give to the auditor of the other county his
order upon the treasurer for the amount to be paid out of the
(2002 Ed.)
Chapter 36.09
proper fund, as in other cases, and also make out a transfer
of such property as shall be assigned to either county. [1963
c 4 § 36.09.040. Prior: Code 1881 § 2660; 1863 p 539 §
6; 1854 p 330 § 4; RRS § 3989.]
36.09.050
Collection of taxes levied—
Apportionment. When a county is divided or the boundary
is altered, all taxes levied before the division was made or
boundaries changed, must be collected by the officers of the
county in which the territory was situated before the division
or change. And the auditor or auditors of the county or
counties so divided or having boundaries changed, shall
apportion the amount of the real property taxes so collected
after division or change of boundary to the old county or
counties and the new county or counties, in the ratio of the
assessed value of such property situated in the territory of
each county or counties respectively, and the old county that
may have been divided or whose boundaries may have been
changed, shall retain all of the personal property taxes on the
said tax rolls, as compensation for cost of collection of the
entire taxes: PROVIDED, That in such accounting neither
county shall be charged with any debt or liability then
existing incurred in the purchase of any county property, or
in the purchase or construction of any county buildings then
in use or under construction, which shall fall within and be
retained by the county: PROVIDED FURTHER, That this
shall not be construed to affect the rights of creditors: AND
PROVIDED FURTHER, That any such county property or
buildings shall be the property of and owned by the county
wherein the same is situated. In case the auditors of the
interested counties are not able to agree upon the proportion
to be awarded to each county, the same shall be determined
by the judge of the superior court of the district in which all
of the interested counties are situated, if they be in one
district, and have one common judge, and if not, by the
judges sitting en banc of the superior courts of the counties
involved. Said auditors shall make said apportionment
within sixty days after the creation of any new county or the
changing of boundaries of any old county, and if they do
not, within said time, agree upon said apportionment,
thereafter either or any county affected may petition the
judge or judges of any court given jurisdiction by this
section, and upon ten days’ notice to any other county
affected, the same may be brought on for hearing and summarily disposed of by said judge or judges, after allowing
each side an opportunity to be heard. [1963 c 4 § 36.09.050.
Prior: 1909 c 79 § 1; Code 1881 § 2662; RRS § 3991.
Formerly RCW 36.09.020, part, 36.09.030 and 36.09.050.]
Chapter 36.12
REMOVAL OF COUNTY SEATS
Sections
36.12.010
36.12.020
36.12.030
36.12.040
36.12.050
36.12.060
36.12.070
36.12.080
Petition for removal—Financial impact statement.
Requisites of petition—Submission to electors.
Notice of election—Election, how held.
Manner of voting.
Vote required—Notice of result.
Time of removal.
Notice to county clerk and secretary of state.
Failure of election—Limitation on subsequent removal election.
[Title 36 RCW—page 19]
Chapter 36.12
Title 36 RCW: Counties
36.12.090 Limitation on successive removal elections.
County seats
location and removal: State Constitution Art. 11 § 2.
not to be changed by special act: State Constitution Art. 2 § 28(18).
36.12.010 Petition for removal—Financial impact
statement. Whenever the inhabitants of any county desire
to remove the county seat of the county from the place
where it is fixed by law or otherwise, they shall present a
petition to the board of county commissioners of their county
praying such removal, and that an election be held to
determine to what place such removal must be made. The
petition shall set forth the names of the towns or cities to
which the county seat is proposed to be removed and shall
be filed at least six months before the election. The county
shall issue a statement analyzing the financial impact of the
proposed removal at least sixty days before the election.
The financial impact statement shall include, but not be
limited to, an analysis of the: (1) Probable costs to the
county government involved in relocating the county seat;
(2) probable costs to county employees as a result of
relocating the county seat; and (3) probable impact on the
city or town from which the county seat is proposed to be
removed, and on the city or town where the county seat is
proposed to be relocated. [1985 c 145 § 1; 1963 c 4 §
36.12.010. Prior: 1890 p 318 § 1; RRS § 3998.]
36.12.020 Requisites of petition—Submission to
electors. If the petition is signed by qualified voters of the
county equal in number to at least one-third of all the votes
cast in the county at the last preceding general election the
board must, at the next general election of county officers,
submit the question of removal to the electors of the county.
[1963 c 4 § 36.12.020. Prior: 1890 p 318 § 2; RRS §
3999.]
36.12.030 Notice of election—Election, how held.
Notice of the election, clearly stating the object, shall be
given, and the election must be held and conducted, and the
returns made, in all respects in the manner prescribed by law
in regard to elections for county officers. [1963 c 4 §
36.12.030. Prior: 1890 p 318 § 3; RRS § 4000.]
36.12.040 Manner of voting. In voting on the
question, each voter must vote for or against the place
named in the petition. [1963 c 4 § 36.12.040. Prior: 1890
p 318 § 4; RRS § 4001.]
36.12.050 Vote required—Notice of result. When
the returns have been received and compared, and the results
ascertained by the board, if three-fifths of the legal votes
cast by those voting on the proposition are in favor of any
particular place the proposition has been adopted. The board
of county commissioners must give notice of the result by
posting notices thereof in all the election precincts in the
county. [1963 c 4 § 36.12.050. Prior: 1890 p 318 § 5;
RRS § 4002.]
36.12.060 Time of removal. In the notice provided
for in RCW 36.12.050, the place selected to be the county
seat of the county must be so declared upon a day not more
[Title 36 RCW—page 20]
than ninety days after the election. After the day named the
place chosen is the seat of the county; and the several county
officers, whose offices are required by law to be kept at the
county seat, shall remove their respective offices, files,
records, office fixtures, furniture, and all public property
pertaining to their respective offices to the new county seat.
[1963 c 4 § 36.12.060. Prior: 1890 p 318 § 6; RRS §
4003.]
36.12.070 Notice to county clerk and secretary of
state. Whenever any election has been held for change of
county seat, the notice given by the board of county commissioners showing the result thereof must be deposited in the
office of the county clerk, and a certified copy thereof
transmitted to the secretary of state. [1963 c 4 § 36.12.070.
Prior: 1890 p 319 § 7; RRS § 4004.]
36.12.080 Failure of election—Limitation on
subsequent removal election. When an election has been
held and no one place receives three-fifths of all the votes
cast, the former county seat shall remain the county seat, and
no second election may be held within eight years thereafter.
[1985 c 145 § 2; 1963 c 4 § 36.12.080. Prior: 1890 p 319
§ 8; RRS § 4005.]
36.12.090 Limitation on successive removal elections. When the county seat of a county has been removed
by a popular vote of the people of the county, it may be
again removed, from time to time, in the manner provided
by this chapter, but no two elections to effect such removal
may be held within eight years. [1985 c 145 § 3; 1963 c 4
§ 36.12.090. Prior: 1890 p 319 § 9; RRS § 4006.]
Chapter 36.13
CLASSIFICATION OF COUNTIES
Sections
36.13.020
36.13.030
36.13.040
County census authorized.
County census authorized—Personnel—How conducted.
County census authorized—Information to be given enumerators.
36.13.050 County census authorized—Classification to be based on
census.
36.13.070 County census authorized—Penalty.
36.13.100 Determination of population.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
36.13.020 County census authorized. The legislative
authority of any county may order a county census to be
taken of all the inhabitants of the county. The expense of
such census enumeration shall be paid from the county current expense fund. [1991 c 363 § 44; 1977 ex.s. c 110 § 6;
1963 c 4 § 36.13.020. Prior: (i) 1923 c 177 § 1; RRS §
4200-6. (ii) 1923 c 177 § 5; RRS § 4200-10.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.13.030 County census authorized—Personnel—
How conducted. For the purpose of making a county
census, the legislative authority of any county may employ
(2002 Ed.)
Classification of Counties
one or more suitable persons. The census shall be conducted
in accordance with standard census definitions and procedures as specified by the office of financial management.
[1979 c 151 § 37; 1977 ex.s. c 110 § 1; 1963 c 4 §
36.13.030. Prior: 1923 c 177 § 2; RRS § 4200-7.]
Population determinations, office of financial management: Chapter 43.62
RCW.
36.13.040 County census authorized—Information
to be given enumerators. All persons resident in the
county, having knowledge of the facts, shall give the
information required herein to any duly authorized census
enumerator when requested by him. [1963 c 4 § 36.13.040.
Prior: 1923 c 177 § 4; RRS § 4200-9.]
36.13.050 County census authorized—Classification
to be based on census. The board of county commissioners
shall determine the population of the county based upon such
special county census. Based upon such census, it shall
enter an order declaring and fixing the population of the
county in accordance with such determination, and from and
after the entry of the order the county shall be considered
and classified for all purposes according to the population
thus determined. [1963 c 4 § 36.13.050. Prior: 1923 c 177
§ 3; RRS § 4200-8.]
36.13.070 County census authorized—Penalty. Any
person violating any of the provisions of RCW 36.13.020,
36.13.030, 36.13.040, and 36.13.050, or any officer or
enumerator making, assisting, or permitting any duplication
of names or making, permitting, or assisting in the enumeration of any fictitious names or persons in taking the census,
shall be guilty of a gross misdemeanor. [1963 c 4 §
36.13.070. Prior: 1923 c 177 § 6; RRS § 4200-11.]
36.13.100 Determination of population. Whenever
any provision of law refers to the population of a county for
purposes of distributing funds or for any other purpose, the
population of the respective counties shall be determined by
the most recent census, population estimate by the office of
financial management, or special county census as certified
by the office of financial management. [1991 c 363 § 45;
1963 c 4 § 36.13.100. Prior: 1949 c 92 § 1; Rem. Supp.
1949 § 4200-6a.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Population determinations, office of financial management: Chapter 43.62
RCW.
Chapter 36.16
COUNTY OFFICERS—GENERAL
Sections
36.16.010
36.16.020
36.16.030
36.16.032
36.16.040
36.16.050
36.16.060
36.16.070
(2002 Ed.)
Time of election.
Term of county and precinct officers.
Elective county officers enumerated.
Offices of auditor and clerk may be combined in counties
with populations of less than five thousand—Salary.
Oath of office.
Official bonds.
Place of filing oaths and bonds.
Deputies and employees.
36.13.030
36.16.087
Deputies and employees—County treasurer—Prior deeds
validated.
36.16.090 Office space.
36.16.100 Offices to be open certain days and hours.
36.16.110 Vacancies in office.
36.16.115 Vacancy in partisan elective office—Appointment of acting
official.
36.16.120 Officers must complete business.
36.16.125 Elected officials—Abandonment of responsibilities—
Declaratory judgment—Compensation denied during
abandonment.
36.16.130 Group false arrest insurance for law enforcement personnel.
36.16.136 Liability insurance for officers and employees.
36.16.138 Liability insurance for officers and employees of municipal
corporations and political subdivisions authorized.
36.16.139 Insurance and workers’ compensation for offenders performing community restitution.
36.16.140 Public auction sales, where held.
Accounts, reports of to state auditor: RCW 43.09.230 through 43.09.240.
Agricultural
agents, assistants, as college employees for retirement benefit purposes:
RCW 28B.10.400.
expert, pest extermination by: RCW 17.12.060.
Air pollution control officer: RCW 70.94.170.
Assistant superintendents of schools: RCW 28A.310.020, 28A.310.230.
Board of adjustment for airport zoning: Chapter 14.12 RCW.
Board of managers, county and city tuberculosis hospital: Chapter 70.30
RCW.
Civil service for sheriff’s office, county officers to aid in carrying out:
RCW 41.14.200.
Clerks, election
duties relating to
polling place regulations after closing: Chapter 29.54 RCW.
polling place regulations during voting hours: Chapter 29.51 RCW.
generally: Chapter 29.45 RCW.
violations by, penalties: Chapter 29.85 RCW.
Code of ethics for municipal officers—Contract interests: Chapter 42.23
RCW.
Compensation, constitutional provision: State Constitution Art. 11 § 5
(Amendment 57).
Continuity of government act, effect as to: RCW 42.14.040, 42.14.070.
County administrator (public assistance): RCW 74.04.070 through
74.04.080.
County superintendent of schools
community center board of supervisors, superintendent as member: RCW
28A.335.270.
penalties applicable to: Chapter 28A.635 RCW.
powers and duties prescribed: Chapter 28A.310 RCW.
Dental hygienists, licensed, county may employ: RCW 18.29.050.
Department of revenue, to advise: Chapter 84.08 RCW.
Detention home personnel: Chapter 13.04 RCW.
Director of public health, generally: Chapter 70.08 RCW.
District health officer
generally: Chapter 70.46 RCW.
vital statistics, officer as registrar: Chapter 70.58 RCW.
Electrical construction violations, county officers liable—Penalty: RCW
19.29.060.
Eligibility to hold office: RCW 42.04.020.
Employee safety award programs: RCW 36.32.460.
Examiner of titles: RCW 65.12.090.
Flood control activities, immunity of from liability: RCW 86.12.037.
Free transportation for public officers prohibited: State Constitution Art.
12 § 20.
Health officer
boarding homes, officer to aid in administration of licensing laws:
Chapter 18.20 RCW.
children with disabilities, education of, officer to get cooperation: RCW
28A.155.030.
convention of: RCW 43.70.140.
[Title 36 RCW—page 21]
Chapter 36.16
Title 36 RCW: Counties
duties relating to
certified copies of birth or death certificates: RCW 70.58.107.
child welfare agencies: Chapter 74.15 RCW.
embalmers, licensing of: Chapter 18.39 RCW.
sexually transmitted disease: Chapter 70.24 RCW.
hearing tests for pupils, officer may give: RCW 28A.210.020.
vital statistics, officer as registrar: Chapter 70.58 RCW.
water recreational facilities: Chapter 70.90 RCW.
Hospitalization and medical aid insurance for: RCW 41.04.180, 41.04.190.
Interchange of personnel with federal agency, rights preserved: RCW
41.04.140 through 41.04.170.
Juvenile probation officer, psychopathic delinquents, officer’s duties:
Chapter 71.06 RCW.
Local authorities, county officer as for motor vehicle purposes: RCW
46.04.280.
Lost or uncertain boundary lines, commissioners appointed to ascertain:
RCW 58.04.030.
Military
leaves for public employees: RCW 38.40.060.
personnel, apprehension and restraint: Chapter 38.38 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
Moneys, use by, of official, a felony: State Constitution Art. 11 § 14.
Moneys to be deposited with treasurer: State Constitution Art. 11 § 15.
Oaths, who may administer: RCW 5.28.010.
Officers, elections, duties, terms, compensation: State Constitution Art. 11
§ 5 (Amendment 57).
Payroll deductions for: RCW 41.04.020 through 41.04.036.
Probation counselors: Chapter 13.04 RCW.
Probation officer, family court, officer’s duties: RCW 26.12.070.
Property tax advisor: RCW 84.48.140.
Public bodies, meetings: Chapter 42.30 RCW.
Public hospital district superintendent: Chapter 70.44 RCW.
Public officers, terms when vacancies filled: RCW 42.12.030.
P.U.D. taxes certified to and collected by county officials: RCW 54.16.080.
Recall of: State Constitution Art. 1 §§ 33, 34 (Amendment 8).
Registration of public officer, how effectuated: RCW 42.12.020.
Retirement systems, retention of rights: Chapter 41.04 RCW.
Review board, county officers to assist: RCW 35.13.173.
Salaried officers not to receive witness fees: RCW 42.16.020, 42.16.030.
Sanitary officers: Chapter 70.05 RCW.
Social security, federal, coverage includes county employees: Chapter
41.48 RCW.
Special commissioner (flood control by counties jointly): RCW 86.13.060.
State board of health measures, officers to enforce: RCW 43.20.050.
Supervisor of elections, duties relating to
hospital district elections: Chapter 70.44 RCW.
P.U.D. elections: RCW 54.04.060.
Support of dependent children, officials to charge no fees in connection
with: RCW 74.20.300.
Surveyor to determine town boundaries: RCW 35.27.040.
Unclaimed money and property in hands of public authority, disposition:
RCW 63.29.130.
Vacancies in county offices, how filled: State Constitution Art. 11 § 6
(Amendment 52).
Voter registration assistants: RCW 29.07.010.
36.16.010 Time of election. The election of county
and precinct officers shall be held on the Tuesday next
following the first Monday in November, 1922; and every
four years thereafter on the Tuesday next following the first
Monday in November, and all such elective county and
precinct officers shall after midnight, June 11, 1919, be
elected at the time herein specified: PROVIDED, That if a
vacancy occur during the first biennium after any such
[Title 36 RCW—page 22]
election, an election to fill such vacancy for the unexpired
term shall be held at the next succeeding general election.
[1963 c 4 § 36.16.010. Prior: 1919 c 175 § 2; RRS §
4030.]
36.16.020 Term of county and precinct officers.
The term of office of all county and precinct officers shall
be four years and until their successors are elected and
qualified and assume office in accordance with RCW
29.04.170: PROVIDED, That this section and RCW
36.16.010 shall not apply to county commissioners. [1979
ex.s. c 126 § 26; 1963 c 4 § 36.16.020. Prior: 1959 c 216
§ 2; 1919 c 175 § 1; 1886 p 101 § 2; Code 1881 § 3153;
1877 p 330 § 2; 1871 p 35 § 3; 1867 p 7 § 4; RRS § 4029.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
36.16.030 Elective county officers enumerated.
Except as provided elsewhere in this section, in every county
there shall be elected from among the qualified voters of the
county a county assessor, a county auditor, a county clerk,
a county coroner, three county commissioners, a county
prosecuting attorney, a county sheriff and a county treasurer,
except that in each county with a population of less than
forty thousand no coroner shall be elected and the prosecuting attorney shall be ex officio coroner. Whenever the
population of a county increases to forty thousand or more,
the prosecuting attorney shall continue as ex officio coroner
until a coroner is elected, at the next general election at
which the office of prosecuting attorney normally would be
elected, and assumes office as provided in RCW 29.04.170.
In any county where the population has once attained forty
thousand people and a current coroner is in office and a
subsequent census indicates less than forty thousand people,
the county legislative authority may maintain the office of
coroner by resolution or ordinance. If the county legislative
authority has not passed a resolution or enacted an ordinance
to maintain the office of coroner, the elected coroner shall
remain in office for the remainder of the term for which he
or she was elected, but no coroner shall be elected at the
next election at which that office would otherwise be filled
and the prosecuting attorney shall be the ex officio coroner.
In a county with a population of two hundred fifty thousand
or more, the county legislative authority may replace the
office of coroner with a medical examiner system and
appoint a medical examiner as specified in RCW 36.24.190.
A noncharter county may have five county commissioners as
provided in RCW 36.32.010 and 36.32.055 through
36.32.0558. [1996 c 108 § 1; 1991 c 363 §§ 46, 47; 1990
c 252 § 8; 1963 c 4 § 36.16.030. Prior: 1955 c 157 § 5;
prior: (i) Code 1881 § 2707; 1869 p 310 §§ 1-3; 1863 p
549 §§ 1-3; 1854 p 424 §§ 1-3; RRS § 4083. (ii) Code
1881 § 2738; 1863 p 552 § 1; 1854 p 426 § 1; RRS § 4106.
(iii) 1891 c 5 § 1; RRS § 4127. (iv) 1890 p 478 § 1; 1886
p 164 § 1; 1883 p 39 § 1; Code 1881 § 2752; 1869 p 402 §
1; 1854 p 428 § 1; RRS § 4140. (v) 1943 c 139 § 1; Code
1881 § 2766; 1863 p 557 § 1; 1854 p 434 § 1; Rem. Supp.
1949 § 4155. (vi) Code 1881 § 2775, part; 1863 p 559 § 1,
part; 1854 p 436 § 1, part; RRS § 4176, part. (vii) 1933 c
136 § 2; 1925 ex.s. c 148 § 2; RRS § 4200-2a. (viii) 1937
c 197 § 1; 1933 c 136 § 3; 1925 ex.s. c 148 § 3; RRS §
4200-3a. (ix) 1937 c 197 § 2; 1933 c 136 § 4; 1925 ex.s. c
(2002 Ed.)
County Officers—General
148 § 4; RRS § 4200-4a. (x) 1927 c 37 § 1; 1890 p 304 §
2; RRS § 4205-1.]
Effective dates—1991 c 363 §§ 28, 29, 33, 47, 131: See note
following RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.16.032 Offices of auditor and clerk may be
combined in counties with populations of less than five
thousand—Salary. The office of county auditor may be
combined with the office of county clerk in each county with
a population of less than five thousand by unanimous
resolution of the county legislative authority passed thirty
days or more prior to the first day of filing for the primary
election for county offices. The salary of such office of
county clerk combined with the office of county auditor, and
the salary of the office of county auditor that is not combined with the office of county clerk, shall be not less than
ten thousand three hundred dollars. The county legislative
authority of such county is authorized to increase or decrease
the salary of such office: PROVIDED, That the legislative
authority of the county shall not reduce the salary of any
official below the amount which such official was receiving
on January 1, 1973. [1991 c 363 § 48; 1973 1st ex.s. c 88
§ 1; 1972 ex.s. c 97 § 1; 1967 ex.s. c 77 § 1; 1963 c 164 §
2; 1963 c 4 § 36.16.032. Prior: 1957 c 219 § 4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.16.040 Oath of office. Every person elected to
county office shall before he enters upon the duties of his
office take and subscribe an oath or affirmation that he will
faithfully and impartially discharge the duties of his office to
the best of his ability. This oath, or affirmation, shall be
administered and certified by an officer authorized to
administer oaths, without charge therefor. [1963 c 4 §
36.16.040. Prior: 1955 c 157 § 6; prior: (i) Code 1881 §
2666; 1869 p 303 § 4; 1863 p 541 § 4; 1854 p 420 § 4;
RRS § 4045. (ii) Code 1881 § 2708, part; 1869 p 310 § 4,
part; 1863 p 549 § 4, part; 1854 p 424 § 4, part; RRS §
4084, part. (iii) 1943 c 249 § 1; Code 1881 § 2739; 1863 p
553 § 2, part; 1854 p 426 § 2; Rem. Supp. 1943 § 4107.
(iv) 1886 p 61 § 4, part; 1883 p 73 § 9, part; Code 1881 §
2163, part; 1877 p 246 § 5, part; 1863 p 408 § 3, part; 1860
p 334 § 3, part; 1858 p 12 § 3, part; 1854 p 417 § 3, part;
RRS § 4129, part. (v) 1897 c 71 § 44; 1893 c 124 § 46;
Code 1881 § 2753; 1854 p 428 § 2; RRS § 4141. (vi) Code
1881 § 2774; 1863 p 558 § 9; 1854 p 435 § 9; RRS § 4156.
(vii) Code 1881 § 2775, part; 1863 p 559 § 1, part; 1854 p
436 § 1, part; RRS § 4176, part. (viii) Code 1881 § 2096;
1869 p 374 § 18; RRS § 4231. (ix) 1909 c 97 p 280 § 1,
part; 1903 c 104 § 13, part; 1899 c 142 § 5, part; 1897 c
118 § 30, part; 1890 p 355 § 10, part; Code 1881 § 3170,
part; RRS § 4767, part. (x) 1925 ex.s. c 130 § 55; 1891 c
140 § 46; 1890 p 548 § 50; RRS § 11138.]
Election officials, oaths of office: RCW 29.45.080 through 29.45.110.
Examiner of titles, oath of: RCW 65.12.090.
36.16.050 Official bonds. Every county official
before he or she enters upon the duties of his or her office
shall furnish a bond conditioned that he or she will faithfully
(2002 Ed.)
36.16.030
perform the duties of his or her office and account for and
pay over all money which may come into his or her hands
by virtue of his or her office, and that he or she, or his or
her executors or administrators, will deliver to his or her
successor safe and undefaced all books, records, papers,
seals, equipment, and furniture belonging to his or her office.
Bonds of elective county officers shall be as follows:
(1) Assessor: Amount to be fixed and sureties to be
approved by proper county legislative authority;
(2) Auditor: Amount to be fixed at not less than ten
thousand dollars and sureties to be approved by the proper
county legislative authority;
(3) Clerk: Amount to be fixed in a penal sum not less
than double the amount of money liable to come into his or
her hands and sureties to be approved by the judge or a
majority of the judges presiding over the court of which he
or she is clerk: PROVIDED, That the maximum bond fixed
for the clerk shall not exceed in amount that required for the
treasurer in a county of that class;
(4) Coroner: Amount to be fixed at not less than five
thousand dollars with sureties to be approved by the proper
county legislative authority;
(5) Members of the proper county legislative authority:
Sureties to be approved by the county clerk and the amounts
to be:
(a) In each county with a population of one hundred
twenty-five thousand or more, twenty-five thousand dollars;
(b) In each county with a population of from seventy
thousand to less than one hundred twenty-five thousand,
twenty-two thousand five hundred dollars;
(c) In each county with a population of from forty
[thousand] to less than seventy thousand, twenty thousand
dollars;
(d) In each county with a population of from eighteen
thousand to less than forty thousand, fifteen thousand dollars;
(e) In each county with a population of from twelve
thousand to less than eighteen thousand, ten thousand
dollars;
(f) In each county with a population of from eight
thousand to less than twelve thousand, seven thousand five
hundred dollars;
(g) In all other counties, five thousand dollars;
(6) Prosecuting attorney: In the amount of five thousand dollars with sureties to be approved by the proper
county legislative authority;
(7) Sheriff: Amount to be fixed and bond approved by
the proper county legislative authority at not less than five
thousand nor more than fifty thousand dollars; surety to be
a surety company authorized to do business in this state;
(8) Treasurer: Sureties to be approved by the proper
county legislative authority and the amounts to be fixed by
the proper county legislative authority at double the amount
liable to come into the treasurer’s hands during his or her
term, the maximum amount of the bond, however, not to
exceed:
(a) In each county with a population of two hundred ten
thousand or more, two hundred fifty thousand dollars;
(b) In each county with a population of from one
hundred twenty-five thousand to less than two hundred ten
thousand, two hundred thousand dollars;
[Title 36 RCW—page 23]
36.16.050
Title 36 RCW: Counties
(c) In each county with a population of from eighteen
thousand to less than one hundred twenty-five thousand, one
hundred fifty thousand dollars;
(d) In all other counties, one hundred thousand dollars.
The treasurer’s bond shall be conditioned that all
moneys received by him or her for the use of the county
shall be paid as the proper county legislative authority shall
from time to time direct, except where special provision is
made by law for the payment of such moneys, by order of
any court, or otherwise, and for the faithful discharge of his
or her duties.
Bonds for other than elective officials, if deemed
necessary by the proper county legislative authority, shall be
in such amount and form as such legislative authority shall
determine.
In the approval of official bonds, the chair may act for
the county legislative authority if it is not in session. [1991
c 363 § 49; 1971 c 71 § 1; 1969 ex.s. c 176 § 91; 1963 c 4
§ 36.16.050. Prior: 1955 c 157 § 7; prior: (i) 1895 c 53 §
1; RRS § 70. (ii) 1895 c 53 § 2, part; RRS § 71, part. (iii)
1921 c 132 § 1, part; 1893 c 75 § 7, part; RRS § 4046, part.
(iv) Code 1881 § 2708, part; 1869 p 310 § 4, part; 1863 p
549 § 4, part; 1854 p 424 § 4, part; RRS § 4084, part. (v)
1943 c 249 § 1, part; Code 1881 § 2739, part; 1863 p 553
§ 2, part; 1854 p 426 § 2, part; Rem. Supp. 1943 § 4107,
part. (vi) 1886 p 61 § 4, part; 1883 p 73 § 9, part; Code
1881 § 2163, part; 1877 p 246 § 5, part; 1863 p 408 § 3,
part; 1860 p 334 § 3, part; 1858 p 12 § 3, part; 1854 p 417
§ 3, part; RRS 4129, part. (vii) 1897 c 71 § 44, part; 1893
p 124 § 46, part; Code 1881 § 2753, part; 1854 p 428 § 2,
part; RRS § 4141, part. (viii) 1943 c 139 § 1, part; Code
1881 § 2766, part; 1863 p 557 § 1, part; 1854 p 434 § 1,
part; Rem. Supp. 1943 § 4155, part. (ix) Code 1881 § 2775,
part; 1863 p 559 § 1, part; 1854 p 436 § 1, part; RRS §
4176, part. (x) 1909 c 97 p 280 § 1, part; 1903 c 104 § 13,
part; 1899 c 142 § 5, part; 1897 c 118 § 30, part; 1890 p
355 § 10, part; Code 1881 § 3170, part; RRS § 4767, part.
(xi) 1890 p 35 § 5, part; RRS § 9934, part. (xii) 1925 ex.s.
c 130 § 55, part; 1891 c 140 § 46, part; 1890 p 548 § 50,
part; RRS § 11138, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Auditor as registrar of titles, bond for: RCW 65.12.055.
Examiner of titles, bond: RCW 65.12.090.
Public officers, official bonds
Code of 1881, county application: RCW 42.08.010 through 42.08.050.
1890 act, county application: RCW 42.08.060 through 42.08.170.
36.16.060 Place of filing oaths and bonds. Every
county officer, before entering upon the duties of his office,
shall file his oath of office in the office of the county auditor
and his official bond in the office of the county clerk:
PROVIDED, That the official bond of the county clerk, after
first being recorded by the county auditor, shall be filed in
the office of the county treasurer.
Oaths and bonds of deputies shall be filed in the offices
in which the oaths and bonds of their principals are required
to be filed. [1963 c 4 § 36.16.060. Prior: 1955 c 157 § 8;
prior: (i) 1895 c 53 § 2, part; RRS § 71, part. (ii) 1890 p
35 § 5, part; RRS § 9934, part.]
[Title 36 RCW—page 24]
36.16.070 Deputies and employees. In all cases
where the duties of any county office are greater than can be
performed by the person elected to fill it, the officer may
employ deputies and other necessary employees with the
consent of the board of county commissioners. The board
shall fix their compensation and shall require what deputies
shall give bond and the amount of bond required from each.
The sureties on deputies’ bonds must be approved by the
board and the premium therefor is a county expense.
A deputy may perform any act which his principal is
authorized to perform. The officer appointing a deputy or
other employee shall be responsible for the acts of his
appointees upon his official bond and may revoke each
appointment at pleasure. [1969 ex.s. c 176 § 92; 1963 c 4
§ 36.16.070. Prior: 1959 c 216 § 3; 1957 c 219 § 2; prior:
(i) Code 1881 § 2716; 1869 p 312 § 10; 1863 p 550 § 7;
1854 p 425 § 7; RRS § 4093. (ii) Code 1881 § 2741; 1863
p 553 § 4; 1854 p 427 § 4; RRS § 4108. (iii) Code 1881 §
2767, part; 1871 p 110 § 1, part; 1863 p 557 § 2, part; 1854
p 434 § 2, part; RRS § 4160, part. (iv) 1905 c 60 § 1; RRS
§ 4177. (v) 1905 c 60 § 2; RRS § 4178. (vi) 1905 c 60 §
3; RRS § 4179. (vii) 1949 c 200 § 1, part; 1945 c 87 § 1,
part; 1937 c 197 § 3, part; 1925 ex.s. c 148 § 6, part; Rem.
Supp. 1949 § 4200-5a, part. (viii) 1943 c 260 § 1; Rem.
Supp. 1943 § 4200-5b.]
County clerk, deputies of: Chapter 2.32 RCW.
36.16.087 Deputies and employees—County treasurer—Prior deeds validated. In all cases in which the county
treasurer of any county in the state of Washington shall have
executed a tax deed or deeds prior to February 21, 1903,
either to his county or to any private person or persons or
corporation whomsoever, said deed or deeds shall not be
deemed invalid by reason of the county treasurer who
executed the same not having affixed a seal of office to the
same, or having affixed a seal not an official seal; nor shall
said deed or deeds be deemed invalid by reason of the fact
that at the date of the execution of said deed or deeds there
was in the state of Washington no statute providing for an
official seal for the office of county treasurer. [1963 c 4 §
36.16.087. Prior: 1903 c 15 § 2; RRS § 4126. Formerly
RCW 36.16.080.]
36.16.090 Office space. The boards of county
commissioners of the several counties of the state shall
provide a suitable furnished office for each of the county
officers in their respective courthouses. [1963 c 4 §
36.16.090. Prior: 1893 c 82 § 1; Code 1881 § 2677; 1869
p 306 § 15; 1854 p 422 § 15; RRS § 4032. SLC-RO-14.]
36.16.100 Offices to be open certain days and
hours. All county and precinct offices shall be kept open
for the transaction of business during such days and hours as
the board of county commissioners shall by resolution
prescribe. [1963 c 4 § 36.16.100. Prior: 1955 ex.s. c 9 §
2; prior: 1951 c 100 § 1; 1941 c 113 § 1, part; Rem. Supp.
1941 § 9963-1, part.]
36.16.110 Vacancies in office. The board of county
commissioners in each county shall, at its next regular or
special meeting after being appraised of any vacancy in any
(2002 Ed.)
County Officers—General
county, township, precinct, or road district office of the
county, fill the vacancy by the appointment of some person
qualified to hold such office, and the officers thus appointed
shall hold office until the next general election, and until
their successors are elected and qualified. [1963 c 4 §
36.16.110. Prior: 1927 c 163 § 1; RRS § 4059; prior:
Code 1881 § 2689; 1867 p 57 § 28.]
36.16.115 Vacancy in partisan elective office—
Appointment of acting official. Where a vacancy occurs in
any partisan county elective office, other than a member of
the county legislative authority, the county legislative
authority may appoint an employee that was serving as a
deputy or assistant in such office at the time the vacancy
occurred as an acting official to perform all necessary duties
to continue normal office operations. The acting official will
serve until a successor is either elected or appointed as
required by law. This section does not apply to any vacancy
occurring in a charter county which has charter provisions
inconsistent with this section. [1981 c 180 § 3.]
Reviser’s note: 1981 c 180 § 3 directed that this section be added to
chapter 29.18 RCW. Since this placement appears inappropriate, this
section has been codified as part of chapter 36.16 RCW.
Severability—1981 c 180: See note following RCW 42.12.040.
Election of successor: RCW 42.12.040.
Filing period, special: RCW 29.15.230.
36.16.120 Officers must complete business. All
county officers shall complete the business of their offices,
to the time of the expiration of their respective terms, and in
case any officer, at the close of his term, leaves to his
successor official labor to be performed, which it was his
duty to perform, he shall be liable to his successor for the
full value of such services. [1963 c 4 § 36.16.120. Prior:
1890 p 315 § 43; RRS § 4031.]
36.16.125 Elected officials—Abandonment of
responsibilities—Declaratory judgment—Compensation
denied during abandonment. The county legislative
authority of a county may cause an action to be filed in the
superior court of that county for a declaratory judgment
finding that a county elected official has abandoned his or
her responsibilities by being absent from the county and
failing to perform his or her official duties for a period of at
least thirty consecutive days, but not including: (1) Absences approved by the county legislative authority; or (2) absences arising from leave taken for legitimate medical or
disability purposes. If such a declaratory judgment is issued,
the county official is no longer eligible to receive compensation from the date the declaratory judgment is issued until
the court issues a subsequent declaratory judgment finding
that the county official has commenced performing his or her
responsibilities. [1999 c 71 § 1.]
36.16.130 Group false arrest insurance for law
enforcement personnel. Any county may contract with an
insurance company authorized to do business in this state to
provide group false arrest insurance for its law enforcement
personnel and pursuant thereto may use such portion of its
revenues to pay the premiums therefor as the county may
determine. [1963 c 127 § 2.]
(2002 Ed.)
36.16.110
36.16.136 Liability insurance for officers and
employees. The board of county commissioners of each
county may purchase liability insurance with such limits as
they may deem reasonable for the purpose of protecting their
officials and employees against liability for personal or
bodily injuries and property damage arising from their acts
or omissions while performing or in good faith purporting to
perform their official duties. [1969 ex.s. c 59 § 1.]
36.16.138 Liability insurance for officers and
employees of municipal corporations and political
subdivisions authorized. Any board of commissioners,
council, or board of directors or other governing board of
any county, city, town, school district, port district, public
utility district, water-sewer district, irrigation district, or
other municipal corporation or political subdivision is
authorized to purchase insurance to protect and hold personally harmless any of its commissioners, council members,
directors, or other governing board members, and any of its
other officers, employees, and agents from any action, claim,
or proceeding instituted against the foregoing individuals
arising out of the performance, purported performance, or
failure of performance, in good faith of duties for, or
employment with, such institutions and to hold these
individuals harmless from any expenses connected with the
defense, settlement, or monetary judgments from such
actions, claims, or proceedings. The purchase of such
insurance for any of the foregoing individuals and the policy
limits shall be discretionary with the municipal corporation
or political subdivision, and such insurance shall not be
considered to be compensation for these individuals.
The provisions of this section are cumulative and in
addition to any other provision of law authorizing any
municipal corporation or political subdivision to purchase
liability insurance. [1999 c 153 § 43; 1975 c 16 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Liability insurance for officers and employees authorized: RCW
28A.400.360, 28B.10.660, 35.21.205, 52.12.071, 53.08.205, 54.16.095,
57.08.105, and 87.03.162.
36.16.139 Insurance and workers’ compensation for
offenders performing community restitution. The
legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the
county, its officers, and employees against liability for the
wrongful acts of offenders or injury or damage incurred by
offenders in the course of community restitution imposed by
court order or pursuant to RCW 13.40.080. The legislative
authority of a county may elect to treat offenders as employees and/or workers under Title 51 RCW. [2002 c 175 § 32;
1984 c 24 § 3.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community
restitution: RCW 51.12.045.
36.16.140 Public auction sales, where held. Public
auction sales of property conducted by or for the county
shall be held at such places as the county legislative authority may direct. [1991 c 363 § 50; 1991 c 245 § 3; 1965 ex.s.
c 23 § 6.]
[Title 36 RCW—page 25]
36.16.140
Title 36 RCW: Counties
Reviser’s note: This section was amended by 1991 c 245 § 3 and by
1991 c 363 § 50, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Building permit—County must require payroll estimate under industrial
insurance act: RCW 51.12.070.
Public lands—Place of sale—Hours: RCW 79.01.196.
Sales of county property, where held: RCW 36.34.080.
Tax sales, where held: RCW 84.64.080, 36.35.120.
Chapter 36.17
SALARIES OF COUNTY OFFICERS
Sections
36.17.010
36.17.020
36.17.024
Salary full compensation—Compensation denied, when.
Schedule of salaries.
County commissioner and councilmember salary commissions.
36.17.031 Reimbursement for travel allowances and allowances in lieu
of actual expenses.
36.17.040 Payment of salaries of officers and employees.
36.17.042 Biweekly pay periods.
36.17.045 Deductions for contributions, payments and dues, authorized.
36.17.050 Salary warrant may be withheld.
36.17.055 Salary adjustment for county legislative authority office—
Ratification and validation of preelection action.
Cemetery and morgue employees, salary of: RCW 68.52.020.
Compensation of county officials: State Constitution Art. 11 § 5 (Amendment 57).
County commissioners, compensation and/or expenses
determining towns boundaries: RCW 35.27.060.
flood control by counties jointly, duties: RCW 86.13.060.
metropolitan council member: RCW 35.58.160.
pest exterminator: RCW 17.12.060.
State committee on agency officials’ salaries to study salaries of elective
county officials: RCW 43.03.028.
36.17.010 Salary full compensation—Compensation
denied, when. The county officers of the counties of this
state shall receive a salary for the services required of them
by law, or by virtue of their office, which salary shall be full
compensation for all services of every kind and description
rendered by them. However, if the superior court issues a
declaratory judgment under RCW 36.16.125 finding that a
county officer has abandoned his or her duties, the county
officer may not be paid compensation. [1999 c 71 § 2; 1991
c 363 § 51; 1963 c 4 § 36.17.010. Prior: 1890 p 312 § 32;
RRS § 4210.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.17.020 Schedule of salaries. The county legislative authority of each county or a county commissioner or
councilmember salary commission which conforms with
RCW 36.17.024 is authorized to establish the salaries of the
elected officials of the county. One-half of the salary of
each prosecuting attorney shall be paid by the state. The
annual salary of a county elected official shall not be less
than the following:
(1) In each county with a population of one million or
more: Auditor, clerk, treasurer, sheriff, members of the
county legislative authority, and coroner, eighteen thousand
[Title 36 RCW—page 26]
dollars; assessor, nineteen thousand dollars; and prosecuting
attorney, thirty thousand three hundred dollars;
(2) In each county with a population of from two
hundred ten thousand to less than one million: Auditor,
seventeen thousand six hundred dollars; clerk, seventeen
thousand six hundred dollars; treasurer, seventeen thousand
six hundred dollars; sheriff, nineteen thousand five hundred
dollars; assessor, seventeen thousand six hundred dollars;
prosecuting attorney, twenty-four thousand eight hundred
dollars; members of the county legislative authority, nineteen
thousand five hundred dollars; and coroner, seventeen
thousand six hundred dollars;
(3) In each county with a population of from one
hundred twenty-five thousand to less than two hundred ten
thousand: Auditor, sixteen thousand dollars; clerk, sixteen
thousand dollars; treasurer, sixteen thousand dollars; sheriff,
seventeen thousand six hundred dollars; assessor, sixteen
thousand dollars; prosecuting attorney, twenty-four thousand
eight hundred dollars; members of the county legislative
authority, seventeen thousand six hundred dollars; and
coroner, sixteen thousand dollars;
(4) In each county with a population of from seventy
thousand to less than one hundred twenty-five thousand:
Auditor, fourteen thousand nine hundred dollars; clerk,
fourteen thousand nine hundred dollars; treasurer, fourteen
thousand nine hundred dollars; assessor, fourteen thousand
nine hundred dollars; sheriff, fourteen thousand nine hundred
dollars; prosecuting attorney, twenty-three thousand seven
hundred dollars; members of the county legislative authority,
fourteen thousand nine hundred dollars; and coroner, fourteen thousand nine hundred dollars;
(5) In each county with a population of from forty
thousand to less than seventy thousand: Auditor, thirteen
thousand eight hundred dollars; clerk, thirteen thousand eight
hundred dollars; treasurer, thirteen thousand eight hundred
dollars; assessor, thirteen thousand eight hundred dollars;
sheriff, thirteen thousand eight hundred dollars; prosecuting
attorney, twenty-three thousand seven hundred dollars;
members of the county legislative authority, thirteen thousand eight hundred dollars; and coroner, thirteen thousand
eight hundred dollars;
(6) In each county with a population of from eighteen
thousand to less than forty thousand: Auditor, twelve
thousand one hundred dollars; clerk, twelve thousand one
hundred dollars; treasurer, twelve thousand one hundred
dollars; sheriff, twelve thousand one hundred dollars;
assessor, twelve thousand one hundred dollars; prosecuting
attorney in such a county in which there is no state university or college, fourteen thousand three hundred dollars; in
such a county in which there is a state university or college,
sixteen thousand five hundred dollars; and members of the
county legislative authority, eleven thousand dollars;
(7) In each county with a population of from twelve
thousand to less than eighteen thousand: Auditor, ten
thousand one hundred dollars; clerk, ten thousand one
hundred dollars; treasurer, ten thousand one hundred dollars;
assessor, ten thousand one hundred dollars; sheriff, eleven
thousand two hundred dollars; prosecuting attorney, thirteen
thousand two hundred dollars; and members of the county
legislative authority, nine thousand four hundred dollars;
(8) In each county with a population of from eight
thousand to less than twelve thousand: Auditor, ten thou(2002 Ed.)
Salaries of County Officers
sand one hundred dollars; clerk, ten thousand one hundred
dollars; treasurer, ten thousand one hundred dollars; assessor,
ten thousand one hundred dollars; sheriff, eleven thousand
two hundred dollars; prosecuting attorney, nine thousand
nine hundred dollars; and members of the county legislative
authority, seven thousand dollars;
(9) In each county with a population of from five
thousand to less than eight thousand: Auditor, nine thousand
one hundred dollars; clerk, nine thousand one hundred
dollars; treasurer, nine thousand one hundred dollars;
assessor, nine thousand one hundred dollars; sheriff, ten
thousand five hundred dollars; prosecuting attorney, nine
thousand nine hundred dollars; and members of the county
legislative authority, six thousand five hundred dollars;
(10) In each other county: Auditor, nine thousand one
hundred dollars; clerk, nine thousand one hundred dollars;
treasurer, nine thousand one hundred dollars; sheriff, ten
thousand five hundred dollars; assessor, nine thousand one
hundred dollars; prosecuting attorney, nine thousand nine
hundred dollars; and members of the county legislative
authority, six thousand five hundred dollars. [2001 c 73 §
3; 1994 sp.s. c 4 § 1; 1991 c 363 § 52; 1973 1st ex.s. c 88
§ 2; 1971 ex.s. c 237 § 1; 1969 ex.s. c 226 § 1; 1967 ex.s.
c 77 § 2; 1967 c 218 § 3; 1963 c 164 § 1; 1963 c 4 §
36.17.020. Prior: 1957 c 219 § 3; prior: (i) 1953 c 264 §
1; 1949 c 200 § 1, part; 1945 c 87 § 1, part; 1937 c 197 §
3, part; 1933 c 136 § 6, part; 1925 ex.s. c 148 § 6, part;
1919 c 168 § 2, part; Rem. Supp. 1949 § 4200-5a, part. (ii)
1921 c 184 § 2; RRS § 4203.]
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1971 ex.s. c 237: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 237 § 4.]
Effective date—1971 ex.s. c 237: "This act shall take effect on
January 1, 1972." [1971 ex.s. c 237 § 5.]
Counties with populations of less than five thousand, combined office of
auditor and clerk, salary: RCW 36.16.032.
36.17.024 County commissioner and councilmember
salary commissions. (1) Salaries for county commissioners
and councilmembers may be set by county commissioner and
councilmember salary commissions established by ordinance
or resolution of the county legislative authority and in
conformity with this section.
(2) Commissions established under subsection (1) of this
section shall be known as the (Insert name of county) county
citizens’ commission on salaries for elected officials. Each
commission shall consist of ten members appointed by the
county commissioner or executive with the approval of the
county legislative authority, or by a majority vote of the
county legislative authority if there is no single county
commissioner or executive, as provided in this section.
(a) Six of the ten commission members shall be selected
by lot by the county auditor from among those registered
voters eligible to vote at the time persons are selected for
appointment to full terms on the commission under (c) of
this subsection. In noncharter counties, the county auditor
shall select two commission members living in each
(2002 Ed.)
36.17.020
commissioner’s district. The county auditor shall establish
policies and procedures for conducting the selection by lot.
The policies and procedures shall include, but not be limited
to, those for notifying persons selected and for providing a
new selection from a commissioner’s district if a person
selected from the district declines appointment to the
commission or if, following the person’s appointment, the
person’s position on the commission becomes vacant before
the end of the person’s term of office.
(b) The remaining four of the ten commission members
must be residents of the county and shall be appointed by
the county commissioner or executive with approval of the
county legislative authority, or by a majority vote of the
county legislative authority if there is no single county
commissioner or executive. The persons selected under this
subsection shall have had experience in the field of personnel management. Of these four members, one shall be
selected from each of the following four sectors in the
county: Business, professional personnel management, legal
profession, and organized labor.
(c) If there is a single county commissioner or executive, the county auditor shall forward the names of persons
selected under (a) of this subsection to the county commissioner or executive who shall appoint these persons to the
commission.
(d) No person may be appointed to more than two
terms. No member of the commission may be removed by
the county commissioner or executive, or county legislative
authority if there is no single county commissioner or
executive, during his or her term of office unless for cause
of incapacity, incompetence, neglect of duty, or malfeasance
in office, or for a disqualifying change of residence.
(e) The members of the commission may not include
any officer, official, or employee of the county or any of
their immediate family members. "Immediate family
member" as used in this subsection means the parents,
spouse, siblings, children, or dependent relatives of the
officer, official, or employee, whether or not living in the
household of the officer, official, or employee.
(f) Upon a vacancy in any position on the commission,
a successor shall be selected and appointed to fill the
unexpired term. The selection and appointment shall be
concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as
for the original appointment.
(3) Any change in salary shall be filed by the commission with the county auditor and shall become effective and
incorporated into the county budget without further action of
the county legislative authority or salary commission.
(4) Salary increases established by the commission shall
be effective as to county commissioners and all members of
the county legislative authority, regardless of their terms of
office.
(5) Salary decreases established by the commission shall
become effective as to incumbent county commissioners and
councilmembers at the commencement of their next subsequent terms of office.
(6) Salary increases and decreases shall be subject to
referendum petition by the people of the county in the same
manner as a county ordinance upon filing of such petition
with the county auditor within thirty days after filing of the
salary schedule. In the event of the filing of a valid referen[Title 36 RCW—page 27]
36.17.024
Title 36 RCW: Counties
dum petition, the salary increase or decrease shall not go
into effect until approved by vote of the people.
(7) Referendum measures under this section shall be
submitted to the voters of the county at the next following
general or municipal election occurring thirty days or more
after the petition is filed, and shall be otherwise governed by
the provisions of the state Constitution and laws generally
applicable to referendum measures.
(8) The action fixing the salary of a county commissioner or councilmember by a commission established in
conformity with this section shall supersede any other
provision of state statute or county ordinance related to
municipal budgets or to the fixing of salaries of county
commissioners and councilmembers.
(9) Salaries for county commissioners and
councilmembers established under an ordinance or resolution
of the county legislative authority in existence on July 22,
2001, that substantially complies with this section shall remain in effect unless and until changed in accordance with
such charter provision or ordinance. [2001 c 73 § 5.]
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
36.17.031 Reimbursement for travel allowances and
allowances in lieu of actual expenses. See RCW
42.24.090.
36.17.040 Payment of salaries of officers and
employees. The salaries of county officers and employees
of counties other than counties with a population of less than
five thousand may be paid twice monthly out of the county
treasury, and the county auditor, for services rendered from
the first to the fifteenth day, inclusive, may, not later than
the last day of the month, draw a warrant upon the county
treasurer in favor of each of such officers and employees for
the amount of salary due him or her, and such auditor, for
services rendered from the sixteenth to the last day, inclusive, may similarly draw a warrant, not later than the
fifteenth day of the following month, and the county legislative authority, with the concurrence of the county auditor,
may enter an order on the record journal empowering him or
her so to do: PROVIDED, That if the county legislative
authority does not adopt the semimonthly pay plan, it, by
resolution, shall designate the first pay period as a draw day.
Not more than forty percent of said earned monthly salary of
each such county officer or employee shall be paid to him or
her on the draw day and the payroll deductions of such
officer or employee shall not be deducted from the salary to
be paid on the draw day. If officers and employees are paid
once a month, the draw day shall not be later than the last
day of each month. The balance of the earned monthly
salary of each such officer or employee shall be paid not
later than the fifteenth day of the following month.
In counties with a population of less than five thousand
salaries shall be paid monthly unless the county legislative
authority by resolution adopts the foregoing draw day
procedure. [1991 c 363 § 53; 1988 c 281 § 9; 1963 c 4 §
36.17.040. Prior: 1959 c 300 § 1; 1953 c 37 § 1; 1890 p
314 § 37; RRS § 4220.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 36 RCW—page 28]
Severability—1988 c 281: See RCW 39.59.900.
36.17.042 Biweekly pay periods. In addition to the
pay periods permitted under RCW 36.17.040, the legislative
authority of any county may establish a biweekly pay period
where county officers and employees receive their compensation not later than seven days following the end of each
two week pay period for services rendered during that pay
period.
However, in a county that has assumed the rights,
powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a biweekly pay period where
the county officers and employees receive their compensation not later than thirteen days following the end of each
two-week pay period for services rendered during that pay
period. [1995 c 38 § 3; 1994 c 301 § 5; 1977 c 42 § 1.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
36.17.045 Deductions for contributions, payments
and dues, authorized. Employees of the counties shall
have the right to voluntarily authorize the monthly deduction
of their pledges to the United Good Neighbor or its successor, monthly payment to a credit unit, and monthly dues to
a labor union, from their salaries or wages. When such
written authorization is received by the county auditor, he
shall make such monthly deduction. [1963 c 164 § 3.]
36.17.050 Salary warrant may be withheld. The
auditor shall not draw his warrant for the salary of any
officer until the latter shall have first filed his duplicate
receipt with the auditor, properly signed by the treasurer,
showing he has made the last required monthly statement
and settlement. If the superior court issues a declaratory
judgment under RCW 36.16.125 finding that a county officer
has abandoned his or her duties, the county officer may not
be paid a salary. [1999 c 71 § 3; 1963 c 4 § 36.17.050.
Prior: 1890 p 314 § 38; RRS § 4221.]
36.17.055 Salary adjustment for county legislative
authority office—Ratification and validation of preelection action. See RCW 36.40.205.
Chapter 36.18
FEES OF COUNTY OFFICERS
Sections
36.18.005
36.18.010
36.18.012
36.18.014
36.18.016
36.18.018
36.18.020
Definitions.
Auditor’s fees.
Fees—Division for deposit in public safety and education
account—Court transcript or abstract—Tax warrant—
Other papers—Unlawful detainer—Striking discriminatory provisions in real estate—Will with no probate—
Nonjudicial probate dispute—Common law liens—
Certification of delinquent taxes.
Fees—Division with county law library—Petition for emancipation for minors.
Various fees—Not subject to division.
Fees to state court, office of state administrator for the
courts—Appellate review—Copies and reports by administrator for the courts.
Clerk’s fees.
(2002 Ed.)
Fees of County Officers
36.18.022
36.18.025
36.18.030
36.18.040
36.18.045
36.18.050
36.18.060
36.18.070
36.18.080
36.18.090
36.18.110
36.18.120
36.18.130
36.18.160
36.18.170
36.18.180
36.18.190
Filing fees may be waived—When.
Portion of filing fees to be remitted to state treasurer.
Coroner’s fees.
Sheriff’s fees.
Treasurer’s fees.
Fees in special cases.
Fees payable in advance—Exception.
Single mileage chargeable when.
Fee schedule to be kept posted.
Itemized receipt to be given.
Monthly statement to county auditor.
Statements to be checked.
Errors or irregularities.
Penalty for taking illegal fees.
Penalty for failure to pay over fees.
Office to be declared vacant on conviction.
Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized.
36.18.005 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Recording officer" means the county auditor, or in
charter counties the county official charged with the responsibility for recording instruments in the county records.
(2) "File," "filed," or "filing" means the act of delivering
an instrument to the auditor or recording officer for recording into the official public records.
(3) "Record," "recorded," or "recording" means the
process, such as electronic, mechanical, optical, magnetic, or
microfilm storage used by the auditor or recording officer
after filing to incorporate the instrument into the public
records.
(4) "Multiple transactions" means a document that
contains two or more titles and/or two or more transactions
requiring multiple indexing. [1999 c 233 § 2; 1991 c 26 §
1.]
Effective date—1999 c 233: See note following RCW 4.28.320.
36.18.010 Auditor’s fees. County auditors or recording officers shall collect the following fees for their official
services:
For recording instruments, for the first page eight and
one-half by fourteen inches or less, five dollars; for each
additional page eight and one-half by fourteen inches or less,
one dollar. The fee for recording multiple transactions
contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW
65.04.050 as follows: The fee for each title or transaction is
the same fee as the first page of any additional recorded
document; the fee for additional pages is the same fee as for
any additional pages for any recorded document; the fee for
the additional pages may be collected only once and may not
be collected for each title or transaction;
For preparing and certifying copies, for the first page
eight and one-half by fourteen inches or less, three dollars;
for each additional page eight and one-half by fourteen
inches or less, one dollar;
For preparing noncertified copies, for each page eight
and one-half by fourteen inches or less, one dollar;
For administering an oath or taking an affidavit, with or
without seal, two dollars;
For issuing a marriage license, eight dollars, (this fee
includes taking necessary affidavits, filing returns, indexing,
(2002 Ed.)
Chapter 36.18
and transmittal of a record of the marriage to the state
registrar of vital statistics) plus an additional five-dollar fee
for use and support of the prevention of child abuse and
neglect activities to be transmitted monthly to the state
treasurer and deposited in the state general fund plus an
additional ten-dollar fee to be transmitted monthly to the
state treasurer and deposited in the state general fund. The
legislature intends to appropriate an amount at least equal to
the revenue generated by this fee for the purposes of the
displaced homemaker act, chapter 28B.04 RCW;
For searching records per hour, eight dollars;
For recording plats, fifty cents for each lot except
cemetery plats for which the charge shall be twenty-five
cents per lot; also one dollar for each acknowledgment,
dedication, and description: PROVIDED, That there shall be
a minimum fee of twenty-five dollars per plat;
For recording of miscellaneous records not listed above,
for the first page eight and one-half by fourteen inches or
less, five dollars; for each additional page eight and one-half
by fourteen inches or less, one dollar;
For modernization and improvement of the recording
and indexing system, a surcharge as provided in RCW
36.22.170.
For recording an emergency nonstandard document as
provided in RCW 65.04.047, fifty dollars, in addition to all
other applicable recording fees.
For recording instruments, a surcharge as provided in
RCW 36.22.178. [2002 c 294 § 3; 1999 c 233 § 3; 1996 c
143 § 1; 1995 c 246 § 37; 1991 c 26 § 2. Prior: 1989 c
304 § 1; 1989 c 204 § 6; 1987 c 230 § 1; 1985 c 44 § 2;
1984 c 261 § 4; 1982 1st ex.s. c 15 § 7; 1982 c 4 § 12;
1977 ex.s. c 56 § 1; 1967 c 26 § 8; 1963 c 4 § 36.18.010;
prior: 1959 c 263 § 6; 1953 c 214 § 2; 1951 c 51 § 4; 1907
c 56 § 1, part, p 92; 1903 c 151 § 1, part, p 295; 1893 c 130
§ 1, part, p 423; Code 1881 § 2086, part, p 358; 1869 p 369
§ 3; 1865 p 94 § 1; part; 1863 p 391 § 1, part, p 394; 1861
p 34 § 1, part, p 37; 1854 p 368 § 1, part, p 371; RRS §§
497, part, 4105.]
Findings—2002 c 294: See note following RCW 36.22.178.
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: "This act shall take effect January 1,
1997." [1996 c 143 § 5.]
Effective date—1995 c 246 § 37: "Section 37 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [May 5, 1995]." [1995 c 246 § 39.]
Severability—1995 c 246: See note following RCW 26.50.010.
Findings—1989 c 204: See note following RCW 36.22.160.
Effective date—1987 c 230: "This act is necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 230 § 4.]
Severability—1984 c 261: See note following RCW 43.121.020.
Severability—1982 c 4: See RCW 43.121.910.
Effective date—1967 c 26: See note following RCW 43.70.150.
Family court funding, marriage license fee increase authorized: RCW
26.12.220.
36.18.012 Fees—Division for deposit in public safety
and education account—Court transcript or abstract—
Tax warrant—Other papers—Unlawful detainer—
Striking discriminatory provisions in real estate—Will
[Title 36 RCW—page 29]
36.18.012
Title 36 RCW: Counties
with no probate—Nonjudicial probate dispute—Common
law liens—Certification of delinquent taxes. (1) Revenue
collected under this section is subject to division with the
state for deposit in the public safety and education account
under RCW 36.18.025.
(2) The party filing a transcript or abstract of judgment
or verdict from a United States court held in this state, or
from the superior court of another county or from a district
court in the county of issuance, shall pay at the time of
filing a fee of fifteen dollars.
(3) The clerk shall collect a fee of twenty dollars for:
Filing a paper not related to or a part of a proceeding, civil
or criminal, or a probate matter, required or permitted to be
filed in the clerk’s office for which no other charge is
provided by law.
(4) If the defendant serves or files an answer to an
unlawful detainer complaint under chapter 59.18 or 59.20
RCW, the plaintiff shall pay before proceeding with the
unlawful detainer action eighty dollars.
(5) For a restrictive covenant for filing a petition to
strike discriminatory provisions in real estate under RCW
49.60.227 a fee of twenty dollars must be charged.
(6) A fee of twenty dollars must be charged for filing a
will only, when no probate of the will is contemplated.
(7) A fee of two dollars must be charged for filing a
petition, written agreement, or written memorandum in a
nonjudicial probate dispute under RCW 11.96A.220.
(8) A fee of thirty-five dollars must be charged for
filing a petition regarding a common law lien under RCW
60.70.060.
(9) For certification of delinquent taxes by a county
treasurer under RCW 84.64.190, a fee of five dollars must
be charged.
(10) For the filing of a tax warrant for unpaid taxes or
overpayment of benefits by any agency of the state of
Washington, a fee of five dollars on or after July 22, 2001,
and for the filing of such a tax warrant or overpayment of
benefits on or after July 1, 2003, a fee of twenty dollars, of
which forty-six percent of the first five dollars is directed to
the public safety and education account established under
RCW 43.08.250. [2001 c 146 § 1; 1999 c 42 § 634; 1996
c 211 § 1; 1995 c 292 § 12.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
36.18.014 Fees—Division with county law library—
Petition for emancipation for minors. (1) Revenue
collected under this section is subject to division with the
county law library under RCW 27.24.070.
(2) For filing a petition for emancipation for minors as
required under RCW 13.64.020 a fee up to fifty dollars must
be collected. [1995 c 292 § 13.]
36.18.016 Various fees—Not subject to division. (1)
Revenue collected under this section is not subject to
division under RCW 36.18.025 or 27.24.070.
(2) For the filing of a petition for modification of a
decree of dissolution or paternity, within the same case as
the original action, a fee of twenty dollars must be paid.
(3)(a) The party making a demand for a jury of six in
a civil action shall pay, at the time, a fee of one hundred
[Title 36 RCW—page 30]
twenty-five dollars; if the demand is for a jury of twelve, a
fee of two hundred fifty dollars. If, after the party demands
a jury of six and pays the required fee, any other party to the
action requests a jury of twelve, an additional one hundred
twenty-five dollar fee will be required of the party demanding the increased number of jurors.
(b) Upon conviction in criminal cases a jury demand
charge of fifty dollars for a jury of six, or one hundred
dollars for a jury of twelve may be imposed as costs under
RCW 10.46.190.
(4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk’s office, with or
without seal, for the first page or portion of the first page, a
fee of two dollars, and for each additional page or portion of
a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of one dollar for
each additional seal affixed must be charged.
(5) For executing a certificate, with or without a seal, a
fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for
garnishment and for a writ of attachment, a fee of twenty
dollars must be charged.
(7) For approving a bond, including justification on the
bond, in other than civil actions and probate proceedings, a
fee of two dollars must be charged.
(8) For the issuance of a certificate of qualification and
a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two
dollars.
(9) For the preparation of a passport application, the
clerk may collect an execution fee as authorized by the
federal government.
(10) For clerk’s services such as processing ex parte
orders, performing historical searches, compiling statistical
reports, and conducting exceptional record searches, the clerk
may collect a fee not to exceed twenty dollars per hour or
portion of an hour.
(11) For duplicated recordings of court’s proceedings
there must be a fee of ten dollars for each audio tape and
twenty-five dollars for each video tape.
(12) For the filing of oaths and affirmations under
chapter 5.28 RCW, a fee of twenty dollars must be charged.
(13) For filing a disclaimer of interest under RCW
11.86.031(4), a fee of two dollars must be charged.
(14) For registration of land titles, Torrens Act, under
RCW 65.12.780, a fee of five dollars must be charged.
(15) For the issuance of extension of judgment under
RCW 6.17.020 and chapter 9.94A RCW, a fee of one
hundred ten dollars must be charged.
(16) A facilitator surcharge of ten dollars must be
charged as authorized under RCW 26.12.240.
(17) For filing a water rights statement under RCW
90.03.180, a fee of twenty-five dollars must be charged.
(18) A service fee of three dollars for the first page and
one dollar for each additional page must be charged for
receiving faxed documents, pursuant to Washington state
rules of court, general rule 17.
(19) For preparation of clerk’s papers under RAP 9.7,
a fee of fifty cents per page must be charged.
(20) For copies and reports produced at the local level
as permitted by RCW 2.68.020 and supreme court policy, a
variable fee must be charged.
(2002 Ed.)
Fees of County Officers
(21) Investment service charge and earnings under RCW
36.48.090 must be charged.
(22) Costs for nonstatutory services rendered by clerk
by authority of local ordinance or policy must be charged.
(23) For filing a request for mandatory arbitration, a
filing fee may be assessed against the party filing a statement of arbitrability not to exceed two hundred twenty
dollars as established by authority of local ordinance. This
charge shall be used solely to offset the cost of the mandatory arbitration program.
(24) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as
established by authority of local ordinance must be charged.
[2002 c 338 § 2; 2001 c 146 § 2; 2000 c 170 § 1; 1999 c
397 § 8; 1996 c 56 § 5; 1995 c 292 § 14.]
36.18.018 Fees to state court, office of state administrator for the courts—Appellate review—Copies and
reports by administrator for the courts. (1) State revenue
collected by county clerks under subsection (2) of this section must be transmitted to the appropriate state court. The
office of the state administrator for the courts shall retain
fees collected under subsection (3) of this section.
(2) For appellate review under RAP 5.1(b), two hundred
fifty dollars must be charged.
(3) For all copies and reports produced by the administrator for the courts as permitted under RCW 2.68.020 and
supreme court policy, a variable fee must be charged. [1995
c 292 § 15.]
36.18.020 Clerk’s fees. (1) Revenue collected under
this section is subject to division with the state public safety
and education account under RCW 36.18.025 and with the
county or regional law library fund under RCW 27.24.070.
(2) Clerks of superior courts shall collect the following
fees for their official services:
(a) The party filing the first or initial paper in any civil
action, including, but not limited to an action for restitution,
adoption, or change of name, shall pay, at the time the paper
is filed, a fee of one hundred ten dollars except, in an
unlawful detainer action under chapter 59.18 or 59.20 RCW
for which the plaintiff shall pay a case initiating filing fee of
thirty dollars, or in proceedings filed under RCW
28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee.
The thirty dollar filing fee under this subsection for an
unlawful detainer action shall not include an order to show
cause or any other order or judgment except a default order
or default judgment in an unlawful detainer action.
(b) Any party, except a defendant in a criminal case,
filing the first or initial paper on an appeal from a court of
limited jurisdiction or any party on any civil appeal, shall
pay, when the paper is filed, a fee of one hundred ten
dollars.
(c) For filing of a petition for judicial review as required
under RCW 34.05.514 a filing fee of one hundred ten
dollars.
(d) For filing of a petition for unlawful harassment
under RCW 10.14.040 a filing fee of forty-one dollars.
(2002 Ed.)
36.18.016
(e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of
one hundred ten dollars.
(f) In probate proceedings, the party instituting such
proceedings, shall pay at the time of filing the first paper
therein, a fee of one hundred ten dollars.
(g) For filing any petition to contest a will admitted to
probate or a petition to admit a will which has been rejected,
or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a
fee of one hundred ten dollars.
(h) Upon conviction or plea of guilty, upon failure to
prosecute an appeal from a court of limited jurisdiction as
provided by law, or upon affirmance of a conviction by a
court of limited jurisdiction, a defendant in a criminal case
shall be liable for a fee of one hundred ten dollars.
(i) With the exception of demands for jury hereafter
made and garnishments hereafter issued, civil actions and
probate proceedings filed prior to midnight, July 1, 1972,
shall be completed and governed by the fee schedule in
effect as of January 1, 1972: PROVIDED, That no fee shall
be assessed if an order of dismissal on the clerk’s record be
filed as provided by rule of the supreme court.
(3) No fee shall be collected when a petition for
relinquishment of parental rights is filed pursuant to RCW
26.33.080 or for forms and instructional brochures provided
under RCW 26.50.030. [2000 c 9 § 1; 1999 c 42 § 635;
1996 c 211 § 2. Prior: 1995 c 312 § 70; 1995 c 292 § 10;
1993 c 435 § 1; 1992 c 54 § 1; 1989 c 342 § 1; prior: 1987
c 382 § 3; 1987 c 202 § 201; 1987 c 56 § 3; prior: 1985 c
24 § 1; 1985 c 7 § 104; 1984 c 263 § 29; 1981 c 330 § 5;
1980 c 70 § 1; 1977 ex.s. c 107 § 1; 1975 c 30 § 1; 1973 c
16 § 1; 1973 c 38 § 1; prior: 1972 ex.s. c 57 § 5; 1972 ex.s.
c 20 § 1; 1970 ex.s. c 32 § 1; 1967 c 26 § 9; 1963 c 4 §
36.18.020; prior: 1961 c 304 § 1; 1961 c 41 § 1; 1951 c 51
§ 5; 1907 c 56 § 1, part, p 89; 1903 c 151 § 1, part, p 294;
1893 c 130 § 1, part, p 421; Code 1881 § 2086, part, p 355;
1869 p 364 § 1, part; 1863 p 391 § 1, part; 1861 p 34 § 1,
part; 1854 p 368 § 1, part; RRS § 497, part.]
Rules of court: Cf. RAP 14.3, 18.22.
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1992 c 54: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
1, 1992." [1992 c 54 § 7.]
Severability—Effective date—1989 c 342: See RCW 59.18.910 and
59.18.911.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability—1981 c 330: See note following RCW 3.62.060.
Effective date—1972 ex.s. c 20: "This act shall take effect July 1,
1972." [1972 ex.s. c 20 § 3.]
Effective date—1967 c 26: See note following RCW 43.70.150.
36.18.022 Filing fees may be waived—When. The
court may waive the filing fees provided for under *RCW
36.18.020(2) (a) and (b) upon affidavit by a party that the
party is unable to pay the fee due to financial hardship.
[1995 c 292 § 16; 1992 c 54 § 5.]
[Title 36 RCW—page 31]
36.18.022
Title 36 RCW: Counties
*Reviser’s note: RCW 36.18.020 was amended twice during the
1995 legislative session. The reference to RCW 36.18.020(2) (a) and (b)
appears to apply to the changes in 1995 c 292 § 10.
Effective date—1992 c 54: See note following RCW 36.18.020.
36.18.025 Portion of filing fees to be remitted to
state treasurer. Forty-six percent of the money received
from filing fees paid pursuant to RCW 36.18.020, except
those collected for the filing of warrants for unpaid taxes or
overpayments by state agencies as outlined in RCW
36.18.012(10), shall be transmitted by the county treasurer
each month to the state treasurer for deposit in the public
safety and education account established under RCW
43.08.250. [2001 c 146 § 3; 1992 c 54 § 2; 1985 c 389 § 9;
1984 c 258 § 322; 1972 ex.s. c 20 § 2.]
Effective date—1992 c 54: See note following RCW 36.18.020.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Effective date—1972 ex.s. c 20: See note following RCW 36.18.020.
36.18.030 Coroner’s fees. Coroners shall collect for
their official services, the following fees:
For each inquest held, besides mileage, twenty dollars.
For issuing a venire, two dollars.
For drawing all necessary writings, two dollars for first
page and one dollar for each page thereafter.
For mileage each way, per mile, ten cents.
For performing the duties of a sheriff, he shall receive
the same fees as a sheriff would receive for the same
service. [1963 c 4 § 36.18.030. Prior: 1959 c 263 § 7;
1907 c 56 § 1, part, p 93; 1903 c 151 § 1, part, p 296; 1893
c 130 § 1, part, p 424; Code 1881 § 2086, part, p 360; 1869
p 372 § 7, part; 1863 p 391 § 1, part, p 396; 1861 p 34 § 1,
part, p 39; 1854 p 368 § 1, part, p 373; RRS §§ 497, part,
4185.]
36.18.040 Sheriff’s fees. (1) Sheriffs shall collect the
following fees for their official services:
(a) For service of each summons and complaint, notice
and complaint, summons and petition, and notice of small
claim on one defendant at any location, ten dollars, and on
two or more defendants at the same residence, twelve
dollars, besides mileage;
(b) For making a return, besides mileage actually
traveled, seven dollars;
(c) For levying each writ of attachment or writ of
execution upon real or personal property, besides mileage,
thirty dollars per hour;
(d) For filing copy of writ of attachment or writ of
execution with auditor, ten dollars plus auditor’s filing fee;
(e) For serving writ of possession or restitution without
aid of the county, besides mileage, twenty-five dollars;
(f) For serving writ of possession or restitution with aid
of the county, besides mileage, forty dollars plus thirty
dollars for each hour after one hour;
(g) For serving an arrest warrant in any action or
proceeding, besides mileage, thirty dollars;
(h) For executing any other writ or process in a civil
action or proceeding, besides mileage, thirty dollars per hour;
[Title 36 RCW—page 32]
(i) For each mile actually and necessarily traveled in
going to or returning from any place of service, or attempted
service, thirty-five cents;
(j) For making a deed to lands sold upon execution or
order of sale or other decree of court, to be paid by the
purchaser, thirty dollars;
(k) For making copies of papers when sufficient copies
are not furnished, one dollar for first page and fifty cents per
each additional page;
(l) For the service of any other document and supporting
papers for which no other fee is provided for herein, twelve
dollars;
(m) For posting a notice of sale, or postponement, ten
dollars besides mileage;
(n) For certificate or bill of sale of property, or certificate of redemption, thirty dollars;
(o) For conducting a sale of property, thirty dollars per
hour spent at a sheriff’s sale;
(p) For notarizing documents, five dollars for each
document;
(q) For fingerprinting for noncriminal purposes, ten
dollars for each person for up to two sets, three dollars for
each additional set;
(r) For mailing required by statute, whether regular,
certified, or registered, the actual cost of postage;
(s) For an internal criminal history records check, ten
dollars;
(t) For the reproduction of audio, visual, or photographic
material, to include magnetic microfilming, the actual cost
including personnel time.
(2) Fees allowable under this section may be recovered
by the prevailing party incurring the same as court costs.
Nothing contained in this section permits the expenditure of
public funds to defray costs of private litigation. Such costs
shall be borne by the party seeking action by the sheriff, and
may be recovered from the proceeds of any subsequent
judicial sale, or may be added to any judgment upon proper
application to the court entering the judgment.
(3) Notwithstanding subsection (1) of this section, a
county legislative authority may set the amounts of fees that
shall be collected by the sheriff under subsection (1) of this
section to cover the costs of administration and operation.
[1992 c 164 § 1; 1981 c 194 § 1; 1975 1st ex.s. c 94 § 1;
1963 c 4 § 36.18.040. Prior: 1959 c 263 § 8; 1951 c 51 §
6; 1907 c 56 § 1, part, p 91; 1903 c 151 § 1, part, p 294;
1893 c 130 § 1, p 422; Code 1881 § 2086, part, p 356; 1869
p 364 § 1, part, p 365; 1865 p 94 § 1, part, p 97; 1863 p
391 § 1, part, p 392; 1861 p 34 § 1, part, p 35; 1854 p 368
§ 1, part, p 369; RRS § 497, part.]
Severability—1981 c 194: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 194 § 5.]
36.18.045 Treasurer’s fees. County treasurers shall
collect the following fees for their official services:
For preparing and certifying copies, with or without seal
for the first legal size page, two dollars, for each additional
legal size page, one dollar. [1963 c 4 § 36.18.045. Prior:
1959 c 263 § 10.]
(2002 Ed.)
Fees of County Officers
36.18.050 Fees in special cases. Every officer who
shall be called on or required to perform service for which
no fees or compensation are provided for in this chapter
shall be allowed fees similar and equal to those allowed him
for services of the same kind for which allowance is made
herein. [1963 c 4 § 36.18.050. Prior: Code 1881 § 2098;
1869 p 374 § 20; 1863 p 398 § 5; 1861 p 41 § 5; 1854 p
375 § 4; RRS § 4234.]
36.18.060 Fees payable in advance—Exception. The
officers mentioned in this chapter except the county sheriff
shall not, in any case, except for the state or county, perform
any official services unless the fees prescribed therefor are
paid in advance, and on such payment the officer must
perform the services required. The county sheriff may allow
payment to be made after official services have been
performed as the sheriff deems appropriate. For every failure or refusal to perform official duty when the fees are
tendered, the officer is liable on his official bond. [1981 c
194 § 2; 1963 c 4 § 36.18.060. Prior: 1890 p 315 § 39;
RRS § 506.]
Severability—1981 c 194: See note following RCW 36.18.040.
36.18.070 Single mileage chargeable when. When
any sheriff, constable or coroner serves more than one
process in the same cause or on the same person not
requiring more than one journey from his office, he shall
receive mileage only for the most distant service. [1963 c
4 § 36.18.070. Prior: Code 1881 § 2094; 1869 p 373 § 16;
RRS § 501.]
36.18.080 Fee schedule to be kept posted. Every
county officer entitled to collect fees from the public shall
keep posted in his office a plain and legible statement of the
fees allowed by law and failure so to do shall subject the
officer to a fine of one hundred dollars and costs, to be
recovered in any court of competent jurisdiction. [1963 c 4
§ 36.18.080. Prior: 1890 p 315 § 41; RRS § 4223. Cf.
Code 1881 § 2091; 1869 p 373 § 13.]
36.18.090 Itemized receipt to be given. Every
officer, when requested so to do, shall make out a bill of his
fees in every case, and for any services, specifying each
particular item thereof, and receipt the same when it is paid,
which bill of fees shall always be subject to examination and
correction by the courts. Any officer who fails to comply
with the requirements of this section shall be liable to the
person paying the fees in treble the amount so paid. [1963
c 4 § 36.18.090. Prior: (i) 1890 p 315 § 40; RRS § 4222.
(ii) Code 1881 § 2102; 1869 p 374 § 24; 1863 p 398 § 3;
1861 p 41 § 3; 1854 p 376 § 6; RRS § 4235.]
36.18.110 Monthly statement to county auditor.
Every salaried county and precinct officer authorized to
receive fees shall on or before the first Monday of each
month and at the end of his or her term of office submit to
the county auditor a statement for the month last past. [1985
c 44 § 3; 1984 c 128 § 3; 1963 c 4 § 36.18.110. Prior:
1907 c 65 § 1; RRS § 4214.]
(2002 Ed.)
36.18.050
36.18.120 Statements to be checked. The county
auditor shall check the statements submitted to the county
auditor and the records pertaining thereto, and if they are
found to be correct, shall return them after having attached
thereto the official certificates. [1985 c 44 § 4; 1984 c 128
§ 4; 1963 c 4 § 36.18.120. Prior: 1907 c 65 § 2; RRS §
4215.]
36.18.130 Errors or irregularities. If any errors or
irregularities are found by the checking officer he shall
immediately notify the officer interested, and if within three
days after such notification the errors or irregularities are not
corrected by such officer, the checking officer shall notify
the board of county commissioners in writing and upon
receipt of such notification the board shall proceed against
such officer in the manner provided by law. [1963 c 4 §
36.18.130. Prior: 1907 c 65 § 4; RRS § 4216.]
36.18.160 Penalty for taking illegal fees. If any
officer takes more or greater fees than are allowed by law he
shall be subject to prosecution, and on conviction, shall be
removed from office and fined in a sum not exceeding one
thousand dollars. [1963 c 4 § 36.18.160. Prior: Code 1881
§ 2090; 1869 p 373 § 12; RRS § 4225. Cf. RCW 9.33.040.]
36.18.170 Penalty for failure to pay over fees. Any
salaried county or precinct officer, who fails to pay to the
county treasury all sums that have come into the officer’s
hands for fees and charges for the county, or by virtue of the
officer’s office, whether under the laws of this state or of the
United States, shall be guilty of embezzlement, and upon
conviction thereof shall be punished by imprisonment in a
state correctional facility not less than one year nor more
than three years: PROVIDED, That upon conviction, his or
her office shall be declared to be vacant by the court
pronouncing sentence. [1992 c 7 § 33; 1963 c 4 §
36.18.170. Prior: 1893 c 81 § 2; RRS § 4226. Cf. RCW
42.20.070.]
36.18.180 Office to be declared vacant on conviction. The board of county commissioners of any county in
this state, upon receiving a certified copy of the record of
conviction of any officer for receiving illegal fees, or where
the officer collects fees and fails to account for the same,
upon proof thereof must declare his office vacant and
appoint his successor. [1963 c 4 § 36.18.180. Prior: 1890
p 315 § 42; RRS § 4224.]
36.18.190 Collection of unpaid financial obligations—Collection contracts—Interest to collection agencies authorized. Superior court clerks may contract with
collection agencies under chapter 19.16 RCW or may use
county collection services for the collection of unpaid courtordered legal financial obligations as enumerated in RCW
9.94A.030 that are ordered pursuant to a felony or misdemeanor conviction and of unpaid financial obligations
imposed under Title 13 RCW. The costs for the agencies or
county services shall be paid by the debtor. The superior
court may, at sentencing or at any time within ten years,
assess as court costs the moneys paid for remuneration for
services or charges paid to collection agencies or for col[Title 36 RCW—page 33]
36.18.190
Title 36 RCW: Counties
lection services. By agreement, clerks may authorize
collection agencies to retain all or any portion of the interest
collected on these accounts. Collection may not be initiated
with respect to a criminal offender who is under the supervision of the department of corrections without the prior
agreement of the department. Superior court clerks are
encouraged to initiate collection action with respect to a
criminal offender who is under the supervision of the
department of corrections, with the department’s approval.
Any contract with a collection agency shall be awarded
only after competitive bidding. Factors that a court clerk
shall consider in awarding a collection contract include but
are not limited to: (1) A collection agency’s history and
reputation in the community; and (2) the agency’s access to
a local data base that may increase the efficiency of its
collections. Contracts may specify the scope of work,
remuneration for services, and other charges deemed
appropriate.
The servicing of an unpaid court obligation does not
constitute assignment of a debt, and no contract with a
collection agency may remove the court’s control over
unpaid obligations owed to the court.
The county clerk may collect civil judgments where the
county is the creditor. [1997 c 24 § 1. Prior: 1995 c 291
§ 8; 1995 c 262 § 1; 1994 c 185 § 9.]
Chapter 36.21
COUNTY ASSESSOR
Sections
36.21.011
Appointment of deputies and assistants—Engaging expert
appraisers—Employment and classification plans for
appraisers.
36.21.015 Qualifications for persons assessing real property—
Examination—Examination waiver—Continuing education requirement.
36.21.070 New construction building permits—Appraisal of building.
36.21.080 New construction building permits—When property placed
on assessment rolls.
36.21.090 Initial placement of mobile home on assessment roll.
36.21.100 Annual report to department of revenue on property tax
levies and related matters.
Assessor’s plats: Chapter 58.18 RCW.
Duties relating to
cemetery district organization: Chapter 68.52 RCW.
drainage district revenue act: Chapter 85.32 RCW.
drainage districts: Chapter 85.06 RCW.
fire protection district, resolution creating: RCW 52.02.150.
flood control districts: Chapter 86.09 RCW.
forest insect and disease control: Chapter 76.06 RCW.
forest rehabilitation: Chapter 76.14 RCW.
irrigation districts
dissolution of districts with bonds: Chapter 87.53 RCW.
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: RCW 87.80.090.
metropolitan municipal corporation: Chapter 35.58 RCW.
mosquito control districts: Chapter 17.28 RCW.
pest districts: Chapter 17.12 RCW.
reforestation: Chapter 76.12 RCW.
school district organization: Chapter 28A.315 RCW.
school districts, appeals from boundary changes, decisions: RCW
28A.645.040.
section and corner lines, establishment of: Chapter 58.04 RCW.
taxes, property
certification of on operating property of private car companies:
RCW 84.16.130.
[Title 36 RCW—page 34]
certification of on operating property of public utilities: RCW
84.12.370.
collection of: Chapter 84.56 RCW.
equalization of assessments: Chapter 84.48 RCW.
exemptions: Chapter 84.36 RCW.
levy of: Chapter 84.52 RCW.
lien on: Chapter 84.60 RCW.
listing of: Chapter 84.40 RCW.
nonoperating property of private car companies: RCW 84.16.140.
nonoperating property of public utilities: RCW 84.12.380.
revaluation: Chapter 84.41 RCW.
taxable situs: Chapter 84.44 RCW.
weed district assessments: Chapter 17.04 RCW.
Lands lying in both a fire protection district and forest protection assessment area, assessment by: RCW 52.16.170.
Mobile home or park model trailer movement permits: RCW 46.44.173.
Property tax advisor: RCW 84.48.140.
Public lands, harbor areas, re-lease of, rental based on assessor’s valuation: RCW 79.92.080.
Revenue, department of, to test work of, advise: RCW 84.08.020,
84.08.030, 84.08.190.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
Transfer of ownership of mobile home, county assessor notified: RCW
46.12.105.
Washington Clean Air Act, assessors’ duties under: RCW 70.94.095.
36.21.011 Appointment of deputies and assistants—
Engaging expert appraisers—Employment and classification plans for appraisers. Any assessor who deems it
necessary in order to complete the listing and the valuation
of the property of the county within the time prescribed by
law, (1) may appoint one or more well qualified persons to
act as assistants or deputies who shall not engage in the
private practice of appraising within the county in which he
or she is employed without the written permission of the
assessor filed with the auditor; and each such assistant or
deputy so appointed shall, under the direction of the assessor, after taking the required oath, perform all the duties enjoined upon, vested in or imposed upon assessors, and (2)
may contract with any persons, firms or corporations, who
are expert appraisers, to assist in the valuation of property.
To assist each assessor in obtaining adequate and well
qualified assistants or deputies, the state department of
personnel, after consultation with the Washington state
association of county assessors, the Washington state
association of counties, and the department of revenue, shall
establish by July 1, 1967, and shall thereafter maintain, a
classification and salary plan for those employees of an
assessor who act as appraisers. The plan shall recommend
the salary range and employment qualifications for each
position encompassed by it, and shall, to the fullest extent
practicable, conform to the classification plan, salary
schedules and employment qualifications for state employees
performing similar appraisal functions.
An assessor who intends to put such plan into effect
shall inform the department of revenue and the county
legislative authority of this intent in writing. The department
of revenue and the county legislative authority may thereupon each designate a representative, and such representative
or representatives as may be designated by the department of
revenue or the county legislative authority, or both, shall
form with the assessor a committee. The committee so
formed may, by unanimous vote only, determine the required
(2002 Ed.)
County Assessor
number of certified appraiser positions and their salaries
necessary to enable the assessor to carry out the requirements relating to revaluation of property in chapter 84.41
RCW. The determination of the committee shall be certified
to the county legislative authority. The committee may be
formed only once in a period of four calendar years.
After such determination, the assessor may provide, in
each of the four next succeeding annual budget estimates, for
as many positions as are established in such determination.
Each county legislative authority to which such a budget
estimate is submitted shall allow sufficient funds for such
positions. An employee may be appointed to a position
covered by the plan only if the employee meets the employment qualifications established by the plan. [1995 c 134 §
12. Prior: 1994 c 301 § 6; 1994 c 124 § 1; 1973 1st ex.s.
c 11 § 1; 1971 ex.s. c 85 § 2; 1967 ex.s. c 146 § 7; 1963 c
4 § 36.21.011; prior: 1955 c 251 § 10.]
36.21.015 Qualifications for persons assessing real
property—Examination—Examination waiver—
Continuing education requirement. (1) Any person having
the responsibility of valuing real property for purposes of
taxation including persons acting as assistants or deputies to
a county assessor under RCW 36.21.011 shall have first:
(a) Had at least one year of experience in transactions
involving real property, in appraisal of real property, or in
assessment of real property, or at least one year of experience in a combination of the three;
(b) Become knowledgeable in repair and remodeling of
buildings and improvement of land, and in the significance
of locality and area to the value of real property;
(c) Become knowledgeable in the standards for appraising property set forth by the department of revenue; and
(d) Met other minimum requirements specified by
department of revenue rule.
(2) The department of revenue shall prepare and
administer an examination on subjects related to the valuation of real property. No person shall assess real property
for purposes of taxation without having passed said examination or having received an examination waiver from the
department of revenue upon showing education or experience
determined by the department to be equivalent to passing the
examination. A person passing said examination or receiving an examination waiver shall be accredited accordingly by
the department of revenue.
(3) The department of revenue may by rule establish
continuing education requirements for persons assessing real
property for purposes of taxation. The department shall
provide accreditation of completion of requirements imposed
under this section. No person shall assess real property for
purposes of taxation without complying with requirements
imposed under this subsection.
(4) To the extent practical, the department of revenue
shall coordinate accreditation requirements under this section
with the requirements for certified real estate appraisers
under chapter 18.140 RCW.
(5) The examination requirements of subsection (2) of
this section shall not apply to any person who shall have
either:
(a) Been certified as a real property appraiser by the
department of personnel prior to July 1, 1992; or
(2002 Ed.)
36.21.011
(b) Attended and satisfactorily completed the assessor’s
school operated jointly by the department of revenue and the
Washington state assessors association prior to August 9,
1971. [1991 c 218 § 3; 1977 c 75 § 30; 1971 ex.s. c 288 §
17; 1971 ex.s. c 27 § 1.]
Effective date—1991 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately, except section 3 of this act, which shall take effect July 1,
1992." [1991 c 218 § 5.]
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
36.21.070 New construction building permits—
Appraisal of building. Upon receipt of a copy of a
building permit, the county assessor shall, within twelve
months of the date of issue of such permit, proceed to make
a physical appraisal of the building or buildings covered by
the permit. [1989 c 246 § 3; 1987 c 134 § 1; 1963 c 4 §
36.21.070. Prior: 1955 c 129 § 4.]
36.21.080 New construction building permits—
When property placed on assessment rolls. The county
assessor is authorized to place any property that is increased
in value due to construction or alteration for which a
building permit was issued, or should have been issued,
under chapter 19.27, 19.27A, or 19.28 RCW or other laws
providing for building permits on the assessment rolls for the
purposes of tax levy up to August 31st of each year. The
assessed valuation of the property shall be considered as of
July 31st of that year. [1989 c 246 § 4; 1987 c 319 § 5;
1985 c 220 § 1; 1982 1st ex.s. c 46 § 4; 1981 c 274 § 3;
1975 1st ex.s. c 120 § 1; 1974 ex.s. c 196 § 7; 1963 c 4 §
36.21.080. Prior: 1955 c 129 § 5.]
Severability—1974 ex.s. c 196: See note following RCW 84.56.020.
Destroyed property, reduction in value, abatement or refund of taxes:
Chapter 84.70 RCW.
36.21.090 Initial placement of mobile home on
assessment roll. When any mobile home first becomes
subject to assessment for property taxes in this state, the
county assessor is authorized to place the mobile home on
the assessment rolls for purposes of tax levy up to August
31st of each year. The assessed valuation of the mobile
home shall be considered as of the July 31st immediately
preceding the date that the mobile home is placed on the
assessment roll. [1987 c 134 § 2; 1977 ex.s. c 22 § 7.]
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
36.21.100 Annual report to department of revenue
on property tax levies and related matters. Every county
assessor shall report to the department of revenue on the
property tax levies and related matters within the county
annually at a date and in a form prescribed by the department of revenue. The report shall include, but need not be
limited to, the results of sales-assessment ratio studies
performed by the assessor. The ratio studies shall be based
on use classes of real property and shall be performed under
a plan approved by the department of revenue. [1991 c 218
§ 4; 1987 c 138 § 8.]
Effective date—1991 c 218: See note following RCW 36.21.015.
[Title 36 RCW—page 35]
Chapter 36.22
Title 36 RCW: Counties
Chapter 36.22
COUNTY AUDITOR
Sections
36.22.010
36.22.020
Duties of auditor.
Publisher of legislative authority proceedings—Custodian of
commissioners’ seal.
36.22.030 May administer oaths.
36.22.040 Duty to audit claims against county.
36.22.050 Issuance of warrants—Multiple warrants.
36.22.060 Record of warrants.
36.22.070 Original claims to be retained.
36.22.080 Claims of auditor.
36.22.090 Warrants of political subdivisions.
36.22.100 Cancellation of unclaimed warrants.
36.22.110 Auditor cannot act as attorney or lobbyist.
36.22.120 Temporary clerk may be appointed.
36.22.140 Auditor or chief financial officer—Ex officio deputy state
auditor.
36.22.150 Duty of retiring auditor or his representative in case of
death.
36.22.160 Copying, preserving, and indexing documents.
36.22.170 Surcharge for preservation of historical documents—Fifty
percent to state treasurer—Creation of account.
36.22.175 Surcharge for archives and records management—Records
management training—Eastern Washington regional
facility.
36.22.178 Surcharge for low-income housing projects—Forty percent
to state treasurer—Permissible uses.
36.22.190 Distribution of funds.
36.22.200 Action for change of name—Filing and recording.
36.22.210 Process servers—Registration—Fees.
36.22.220 Election assistants, deputies—Appointment, qualifications.
36.22.230 Election assistants, deputies—Additional qualifications.
Acknowledgments, auditor may take: RCW 64.08.010.
Appointment as agent for licensing of vehicles: RCW 46.01.130, 46.01.140,
46.01.270.
Canvassing board, auditor as member: RCW 39.40.030.
Cities and towns, certificates of election, auditor to issue: RCW 35.02.130.
Civil actions, judgment by confession acknowledged before: RCW 4.60.040.
County accounts, expense for examination of, auditor to issue warrant for:
RCW 43.09.280.
County canvassing board, auditor as member: RCW 29.62.020.
Custodian of records, auditor as: RCW 65.04.140.
Department of revenue to advise: RCW 84.08.020.
Diking district, auditor as agent of county commissioners in signing petition
for: RCW 85.05.083.
Dissolution of inactive port districts: Chapter 53.47 RCW.
District court districting committee, auditor as member of: RCW 3.38.010.
Duties relating to
absentee voting: Chapter 29.36 RCW.
air pollution control districts: Chapter 70.94 RCW.
aircraft excise taxes: Chapter 82.48 RCW.
appeals from tax levies: Chapter 84.08 RCW.
assessor’s plats: RCW 58.18.010.
basic juvenile court act: Chapter 13.04 RCW.
boundary line proceedings: RCW 58.04.040.
cemetery districts: Chapter 68.52 RCW.
cemetery plat, filing of: RCW 68.24.030.
certification of offices, notice of election: Chapter 29.27 RCW.
chattel liens: Chapter 60.08 RCW.
chattel mortgages: Chapter 60.08 RCW, Article 62A.9A RCW.
assignment and satisfaction of: Chapter 61.16 RCW.
cities and towns
advancement of classification: Chapter 35.06 RCW.
agreements for sewer connections outside of: RCW 35.67.310.
cities support of county in which generating plant located: RCW
35.21.450.
corrective plats of: RCW 58.10.030.
determining town’s uncertain boundaries: RCW 35.27.040,
35.27.050.
[Title 36 RCW—page 36]
disincorporation of: Chapter 35.07 RCW.
general indebtedness bonds, county tax levy to pay: RCW
35.37.120.
incorporation proceedings: Chapter 35.02 RCW.
ordinance reducing city limits: RCW 35.16.050.
unfit buildings, structures, or premises, abatement: RCW 35.80.030.
claim of spouse in community realty: RCW 26.16.100.
collection agency surety bonds: RCW 19.16.190.
conditional sales contracts: Article 62A.9A RCW.
corporations, nonprofit, generally: Title 24 RCW.
educational, religious, benevolent, fraternal or charitable: Chapter
24.03 RCW.
mutual benefit: Chapter 24.03 RCW.
nonstock: Chapter 24.03 RCW.
county airport districts: Chapter 14.08 RCW.
county and city tuberculosis hospital: Chapter 70.30 RCW.
credit unions: Chapter 31.12 RCW.
crop liens: Chapter 60.11 RCW.
dances, licensing of: Chapter 67.12 RCW.
diking, drainage and sewerage improvement districts
generally: Chapter 85.08 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
diking districts: Chapter 85.05 RCW.
levy for continuous benefits: Chapter 85.18 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
disinfection of horticultural premises: Chapter 15.08 RCW.
dissolution of inactive special purpose districts: Chapter 36.96 RCW.
doctors, nurses and hospital services, lien for: Chapter 60.44 RCW.
drainage district revenue act: Chapter 85.32 RCW.
drainage districts: Chapter 85.06 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
elections
absentee voting: Chapter 29.36 RCW.
auditor as ex officio supervisor of: RCW 29.04.020.
ballots: Chapter 29.30 RCW.
canvassing returns: Chapter 29.62 RCW.
certificate of, auditor to issue: RCW 29.27.100.
change of precinct boundaries: RCW 29.10.060.
combining or dividing precincts, election boards: RCW 29.04.055.
conduct of: RCW 29.13.040.
congressional elections: Chapter 29.68 RCW.
declarations of candidacy: Chapter 29.18 RCW.
initiative and referendum: Chapter 29.79 RCW.
nonpartisan primaries, elections: Chapter 29.21 RCW.
polling places
accessibility to handicapped: Chapter 29.57 RCW.
regulations, after closing: Chapter 29.54 RCW.
precinct officers: Chapter 29.45 RCW.
presidential electors: Chapter 29.71 RCW.
public disclosure reports, handling of: RCW 29.04.025.
recall: Chapter 29.82 RCW.
registration of voters for: Chapter 29.07 RCW.
status, transfers, and cancellations: Chapter 29.10 RCW.
regulations before polls open: Chapter 29.48 RCW.
special: RCW 29.13.010.
voting systems: Chapter 29.33 RCW.
electric franchises and rights of way: RCW 80.32.010.
eminent domain
by cities: Chapter 8.12 RCW.
by counties: Chapter 8.08 RCW.
employee contributions to benefit plans lien claim: RCW 60.76.020.
employee payroll deductions: RCW 41.04.020 through 41.04.036.
execution of judgment: Chapter 6.17 RCW.
fire protection districts: Chapters 52.04, 52.16 RCW.
merger of: Chapter 52.06 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
food fish and shellfish
fishways for: RCW 77.55.060.
guards: RCW 77.55.040.
forest fire protection assessments: RCW 76.04.610.
(2002 Ed.)
County Auditor
forest protection, claims for damages, services: Chapter 76.04 RCW.
franchises on state highways: Chapter 47.44 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
health districts: Chapter 70.46 RCW.
homesteads: Chapter 6.13 RCW.
horizontal property regimes (condominiums), declarations and survey
maps of: RCW 64.32.100, 64.32.140.
hospital districts: Chapter 70.44 RCW.
housing authority act: Chapter 35.82 RCW.
insurance, mergers and insolvencies: Chapter 48.31 RCW.
intercounty rural library district: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
irregular instruments, recording of: RCW 65.08.030.
irrigation districts
director divisions: RCW 87.04.070.
dissolution of districts with bonds: Chapter 87.53 RCW.
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
under contract with United States: Chapter 87.68 RCW.
juries, drawing of: Chapter 2.36 RCW.
labor, materials and taxes on public works, liens for: Chapter 60.28
RCW.
labor and services on timber and lumber, lien for: Chapter 60.24 RCW.
labor lien on restaurant, tavern, hotel, etc.: Chapter 60.34 RCW.
labor liens on franchises, earnings and property of certain companies:
Chapter 60.32 RCW.
land office receipts, recording of: RCW 65.08.050.
lease of personal property with conditional right to purchase: Article
62A.9A RCW.
letters patent, recording of: RCW 65.08.090.
licenses to practice dentistry: Chapter 18.32 RCW.
lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
liquor
billiard tables, bowling alleys, licensing of, use, sale of: Chapter
67.14 RCW.
retail license: RCW 67.14.040.
sales, local option on: Chapter 66.40 RCW.
wholesale license: RCW 67.14.050.
marriages: Chapter 26.04 RCW.
mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
mining claims
location of: Chapter 78.08 RCW.
survey reports: Chapter 78.06 RCW.
mosquito control districts: Chapter 17.28 RCW.
motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
municipal court elections: Chapter 35.20 RCW.
municipal water and sewer facilities act: Chapter 35.91 RCW.
new or limited access highway routes: RCW 47.28.025.
notice of lis pendens: RCW 4.28.160, 4.28.320.
orchard labor liens: Chapter 60.16 RCW.
order discharging attachment: RCW 6.25.160.
park and recreation district commissioner elections: RCW 36.69.090.
partnership ditches, lien claim for labor done: RCW 90.03.450.
partnerships, uniform limited partnerships act: Chapters 25.10, 25.12
RCW.
pendency of action in United States court: RCW 4.28.325.
pest districts: Chapter 17.12 RCW.
planning commission: Chapter 35.63 RCW.
plats, subdivisions and dedications: Chapter 58.17 RCW.
port district L.I.D.’s: RCW 53.20.050.
port districts
annexation of land to: Chapter 53.04 RCW.
budget of: Chapter 53.35 RCW.
commissioner elections: Chapter 53.12 RCW.
consolidation of: Chapter 53.46 RCW.
formation of: Chapter 53.04 RCW.
precinct committee officer: Chapter 29.42 RCW.
precinct election officers: Chapter 29.45 RCW.
public assistance lien claim: RCW 74.04.300.
public lands
lease of: Chapter 79.01 RCW.
leasing on share crop basis: RCW 79.12.570 through 79.12.630.
materials on, sale of: Chapter 79.01 RCW.
tide and shore lands plats: RCW 79.94.040.
(2002 Ed.)
Chapter 36.22
public records and evidence: Chapter 5.44 RCW.
public utility districts: Chapters 54.08, 54.12, 54.24, 54.40 RCW.
public waterway districts: Chapter 91.08 RCW.
eminent domain by: RCW 91.08.150.
real property conveyances, recording of: RCW 65.08.070.
reclamation and irrigation districts in United States reclamation areas:
Chapter 89.12 RCW.
reclamation districts of one million acres: Chapter 89.30 RCW.
recording, generally: Chapters 65.04, 65.08 RCW.
liability of auditor for damages: RCW 65.04.110.
recording of town plats: Chapter 58.08 RCW.
registration of land titles: Chapter 65.12 RCW.
river and harbor improvement districts: Chapter 88.32 RCW.
river and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
sales under execution and redemption: Chapter 6.21 RCW.
school district directors, superintendents, signatures of: RCW
28A.400.020.
school district organization: Chapter 28A.315 RCW.
school districts, warrants and accounts: Chapter 28A.350 RCW.
liability: RCW 28A.350.060.
sires, services of, lien for: Chapter 60.52 RCW.
street railways: Chapter 81.64 RCW.
superior court, expenses of visiting judge: RCW 2.08.170.
superior court, judges salary: RCW 2.08.100 through 2.08.110.
taxes
excise on real estate sales: RCW 82.45.090.
internal revenue, liens for: Chapter 60.68 RCW.
motor vehicle fuel: RCW 82.36.110.
motor vehicle use tax: RCW 82.12.045.
property
collection of: Chapter 84.56 RCW.
equalization of assessments: Chapter 84.48 RCW.
recovery: Chapter 84.68 RCW.
townsites on United States lands, acquisition of lands by inhabitants:
Chapter 58.28 RCW.
unemployment compensation contributions, lien for: RCW 50.24.050.
vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
veterans’ meeting place, rent by county: RCW 73.04.080.
veterans’ relief: Chapter 73.08 RCW.
water-sewer districts
annexation of property to: Chapter 57.24 RCW.
consolidation of: Chapter 57.32 RCW.
funds of: Chapter 57.20 RCW.
generally: Title 57 RCW.
merger of: Chapter 57.36 RCW.
transfer of part: RCW 57.32.160.
withdrawal of territory from: Chapter 57.28 RCW.
water rights certificates: RCW 90.03.330.
water rights, United States: Chapter 90.40 RCW.
weed districts: Chapter 17.04 RCW.
workers’ compensation contributions, liens for: RCW 51.16.170.
Eminent domain by
cities of county land, auditor served: RCW 8.12.080.
state, decree of appropriation filed with auditor: RCW 8.04.120.
state of county land, notice of served on auditor: RCW 8.04.020.
Mobile home identification tags, issuance: RCW 46.01.130, 46.01.140.
Motor vehicle licensing: RCW 46.01.130, 46.01.140, 46.01.270.
Plats, validation of defective city or town plats in office of: Chapter 58.10
RCW.
Public lands, sales and lease of, duties of auditor in certain counties
transferred to treasurer: RCW 79.08.170.
Public lands and materials on, sale of, auditor as auctioneer: RCW
79.01.204.
Reclamation district commission, auditor as clerk of: RCW 89.30.058.
Registrar of titles
auditor as: RCW 65.12.050.
not to practice law, when: RCW 65.12.065.
Summons for claim against county served on auditor: RCW 4.28.080.
Support of dependent children, auditor to charge no fees in connection
with: RCW 74.20.300.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
[Title 36 RCW—page 37]
Chapter 36.22
Title 36 RCW: Counties
Television reception improvement districts, auditor’s duties: Chapter 36.95
RCW.
Temporary gate across highways, auditor to grant permit for, when: RCW
16.60.085.
Veterans, auditor to furnish marital status certificates to free: RCW
73.04.120.
Veterans’ discharge, auditor to record without fee: RCW 73.04.030
through 73.04.042.
Veterans’ pension papers, auditor to charge no fee: RCW 73.04.010.
36.22.010 Duties of auditor. The county auditor:
(1) Shall be recorder of deeds and other instruments in
writing which by law are to be filed and recorded in and for
the county for which he or she is elected;
(2) Shall keep an account current with the county
treasurer, charge all money received as shown by receipts
issued and credit all disbursements paid out according to the
record of settlement of the treasurer with the legislative
authority;
(3) Shall make out and transmit to the state auditor a
complete statement of the state fund account with the county
for the past fiscal year certified by his or her certificate and
seal, immediately after the completion of the annual settlement of the county treasurer with the legislative authority.
The statement must be available to the public;
(4) Shall make available a complete exhibit of the prioryear finances of the county including, but not limited to, a
statement of financial condition and financial operation in
accordance with standards developed by the state auditor.
This exhibit shall be made available after the financial records are closed for the prior year;
(5) Shall make out a register of all warrants legally
authorized and directed to be issued by the legislative body
at any regular or special meeting. The auditor shall make
the data available to the county treasurer. The auditor shall
retain the original of the register of warrants for future
reference;
(6) As clerk of the board of county commissioners,
shall:
Record all of the proceedings of the legislative authority;
Make full entries of all of their resolutions and decisions
on all questions concerning the raising of money for and the
allowance of accounts against the county;
Record the vote of each member on any question upon
which there is a division or at the request of any member
present;
Sign all orders made and warrants issued by order of the
legislative authority for the payment of money;
Record the reports of the county treasurer of the receipts
and disbursements of the county;
Preserve and file all accounts acted upon by the legislative authority;
Preserve and file all petitions and applications for franchises and record the action of the legislative authority
thereon;
Record all orders levying taxes;
Perform all other duties required by any rule or order of
the legislative authority. [1995 c 194 § 1; 1984 c 128 § 2;
1963 c 4 § 36.22.010. Prior: 1955 c 157 § 9; prior: (i)
Code 1881 § 2707; 1869 p 310 §§ 1, 2, 3; 1863 p 549 §§ 1,
2, 3; 1854 p 424 §§ 1, 2, 3; RRS § 4083. (ii) Code 1881 §
[Title 36 RCW—page 38]
2709; RRS § 4085. (iii) Code 1881 § 2711; RRS § 4088.
(iv) 1893 c 119 § 2; Code 1881 § 2712; 1869 p 311 § 6;
1863 p 550 § 6; 1854 p 425 § 6; RRS § 4089. (v) 1893 c
119 § 3; Code 1881 § 2571; RRS § 4090. (vi) 1893 c 119
§ 4; Code 1881 § 2713; 1869 p 311 § 7; 1867 p 130 § 1;
RRS § 4091. (vii) 1893 c 119 § 5; Code 1881 § 2714; 1869
p 311 § 8; 1867 p 131 § 2; RRS § 4092. (viii) 1893 c 119
§ 7; Code 1881 § 2718; 1869 p 312 § 13; RRS § 4095. (ix)
Code 1881 § 2719; RRS § 4098. (x) 1893 c 119 § 8; Code
1881 § 2720; RRS § 4099.]
36.22.020 Publisher of legislative authority proceedings—Custodian of commissioners’ seal. It shall be the
duty of the county auditor of each county, within fifteen
days after the adjournment of each regular session, to
publish a summary of the proceedings of the legislative
authority at such term, in any newspaper published in the
county or having a general circulation therein, or the auditor
may post copies of such proceedings in three of the most
public places in the county. The seal of the county commissioners for each county, used by the county auditor as clerk
to attest the proceedings of the legislative authority, shall be
and remain in the custody of the county auditor, and the
auditor is hereby authorized to use such seal in attestation of
all official acts, whether as clerk of the legislative authority,
as auditor or recorder of deeds; and all certificates, exemplifications of records, or other acts performed as county
auditor, certified under the seal of the county commissioners,
pursuant to this section, in this state, shall be as valid and
legally binding as though attested by a seal of office of the
county auditor. [1995 c 194 § 2; 1963 c 4 § 36.22.020.
Prior: Code 1881 § 2724; 1869 p 313 § 17; RRS §§ 4102,
4103. Formerly RCW 36.16.080, 36.22.020, and 36.22.130.]
36.22.030 May administer oaths. Auditors and their
deputies may administer oaths necessary in the performance
of their duties and in all other cases where oaths are required
by law to be administered and take acknowledgments of
deeds and other instruments in writing: PROVIDED, That
any deputy county auditor, in administering such oath or
taking such acknowledgment, shall certify to the same in his
own name as deputy, and not in the name of his principal,
and shall attach thereto the seal of the office: PROVIDED,
That all oaths administered or acknowledgments taken by
any deputy of any county auditor certifying to the same in
the name of his principal by himself as such deputy, prior to
the taking effect of chapter 119, Laws of 1893 be and the
same are hereby legalized and made valid and binding.
[1963 c 4 § 36.22.030. Prior: 1893 c 119 § 6; Code 1881
§ 2717; 1869 p 312 § 11; 1863 p 550 § 8; 1854 p 425 § 8;
RRS § 4094.]
36.22.040 Duty to audit claims against county. The
county auditor shall audit all claims, demands, and accounts
against the county which by law are chargeable to the
county, except such cost or fee bills as are by law to be
examined or approved by some other judicial tribunal or
officer. Such claims as it is his duty to audit shall be
presented to the board of county commissioners for their
examination and allowance. [1963 c 4 § 36.22.040. Prior:
1893 c 119 § 1, part; Code 1881 § 2710, part; 1869 p 310
(2002 Ed.)
County Auditor
§ 5, part; 1863 p 549 § 5, part; 1854 p 425 § 5, part; RRS
§ 4086, part.]
36.22.050 Issuance of warrants—Multiple warrants.
For claims allowed by the county commissioners, and also
for cost bills and other lawful claims duly approved by the
competent tribunal designated by law for their allowance, he
shall draw a warrant on the county treasurer, made payable
to the claimant or his order, bearing date from the time of
and regularly numbered in the order of their issue. If there
is not sufficient cash in the county treasury to cover such
claims or cost bills, or if a claimant requests, the auditor
may issue a number of smaller warrants, the total principal
amounts of which shall equal the amount of said claim or
cost bill. [1975 c 31 § 1; 1969 ex.s. c 87 § 1; 1963 c 4 §
36.22.050. Prior: (i) 1893 c 119 § 1, part; Code 1881 §
2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854
p 425 § 5, part; RRS § 4086, part. (ii) 1893 c 48 § 2; RRS
§ 4087.]
36.22.060 Record of warrants. The auditor shall
maintain a record of when a warrant is issued. The record
shall include the warrant number, date, name of payee,
amount, nature of claims, or services provided. [1995 c 194
§ 3; 1963 c 4 § 36.22.060. Prior: 1893 c 119 § 1, part;
Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549
§ 5, part; 1854 p 425 § 5, part; RRS § 4086, part.]
36.22.070 Original claims to be retained. He shall
also retain all original bills and indorse thereon claimant’s
name, nature of claim, the action had, and if a warrant was
issued, date and number the voucher or claim the same as
the warrant. [1963 c 4 § 36.22.070. Prior: 1893 c 119 § 1,
part; Code 1881 § 2710, part; 1869 p 310 § 5, part; 1863 p
549 § 5, part; 1854 p 425 § 5, part; RRS § 4086, part.]
36.22.080 Claims of auditor. All claims of the
county auditor against the county for services shall be
audited and allowed by the board of county commissioners
as other claims are audited and allowed. Such warrants shall
in all respects be audited, approved, issued, numbered,
registered, and paid the same as any other county warrant.
[1963 c 4 § 36.22.080. Prior: 1893 c 119 § 1, part; Code
1881 § 2710, part; 1869 p 310 § 5, part; 1863 p 549 § 5,
part; 1854 p 425 § 5, part; RRS § 4086, part.]
36.22.090 Warrants of political subdivisions. All
warrants for the payment of claims against diking, ditch,
drainage and irrigation districts and school districts of the
second class, who do not issue their own warrants, as well
as political subdivisions within the county for which no other
provision is made by law, shall be drawn and issued by the
county auditor of the county wherein such subdivision is
located upon vouchers properly approved by the governing
body thereof. [1975 c 43 § 31; 1973 c 111 § 4; 1963 c 4 §
36.22.090. Prior: 1915 c 74 § 1; RRS § 4096.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: See note following RCW 28A.330.230.
(2002 Ed.)
36.22.040
36.22.100 Cancellation of unclaimed warrants.
Registered or interest bearing county warrants not presented
within one year of the date of their call, and all other county
warrants not presented within one year of the date of their
issue shall be canceled by the legislative authority of the
county and the auditor and treasurer of the county shall
cancel all record of such warrants, so as to leave the funds
as if such warrants had never been drawn. [1971 ex.s. c 120
§ 1; 1963 c 4 § 36.22.100. Prior: 1909 c 170 § 1; 1886 p
161 § 1; RRS § 4097.]
36.22.110 Auditor cannot act as attorney or lobbyist. The person holding the office of county auditor, or
deputy, or performing its duties, shall not practice as an
attorney or represent any person who is making any claim
against the county, or who is seeking to procure any legislative or other action by the board of county commissioners.
[2002 c 141 § 1; 1963 c 4 § 36.22.110. Prior: Code 1881
§ 2722; 1869 p 312 § 12; 1863 p 550 § 9; 1854 p 425 § 9;
RRS § 4100.]
36.22.120 Temporary clerk may be appointed. In
case the auditor is unable to attend to the duties of his office
during any session of the board of county commissioners,
and has no deputy by him appointed in attendance, the board
may temporarily appoint a suitable person not by law
disqualified from acting as such to perform the auditor’s
duties. [1963 c 4 § 36.22.120. Prior: Code 1881 § 2723;
1869 p 313 § 15; 1863 p 550 § 12; 1854 p 425 § 11; RRS
§ 4101.]
36.22.140 Auditor or chief financial officer—Ex
officio deputy state auditor. Each county auditor or chief
financial officer shall be ex officio deputy of the state
auditor for the purpose of accounting and reporting on
municipal corporations and in such capacity shall be under
the direction of the state auditor, but he or she shall receive
no additional salary or compensation by virtue thereof and
shall perform no duties as such, except in connection with
county business. [1995 c 301 § 61; 1963 c 4 § 36.22.140.
Prior: 1909 c 76 § 12; RRS § 9962.]
36.22.150 Duty of retiring auditor or his representative in case of death. Each auditor, on retiring from
office, shall deliver to his successor the seal of office and all
the books, records, and instruments of writing belonging to
the office, and take his receipt therefor. In case of the death
of the auditor, his legal representatives shall deliver over the
seal, books, records and papers. [1963 c 4 § 36.22.150.
Prior: Code 1881 § 2725; 1869 p 314 § 22; RRS § 4104.]
36.22.160 Copying, preserving, and indexing
documents. Each county auditor is hereby authorized to
provide for the installation and thereafter for the maintenance
of an improved system for copying, preserving, and indexing
documents recorded in the county. Such a system may
utilize the latest technology including, but not limited to,
photomicrographic and computerized electronic digital
storage methodology. The initial installation of the improved
system shall include the following:
[Title 36 RCW—page 39]
36.22.160
Title 36 RCW: Counties
(1) The acquisition, installation, operation, and maintenance of the equipment provided for in the definition above;
and
(2) The establishment of procedures for the continued
preservation, indexing, and filing of all instruments and
records that will, after the effective installation date, constitute a part of the improved system. [1989 c 204 § 2.]
Reviser’s note: 1989 c 204 § 7 directed that this section be added to
chapter 36.18 RCW. This placement appears inappropriate and the section
has been codified as a part of chapter 36.22 RCW.
Findings—1989 c 204: "The legislature, finding in this centennial
year that many old documents recorded or filed with county officials are
deteriorating due to age and environmental degradation and that such
documents require preservation in the public interest before they are
irreparably damaged, enacts the centennial document preservation act of
1989." [1989 c 204 § 1.]
36.22.170 Surcharge for preservation of historical
documents—Fifty percent to state treasurer—Creation of
account. A surcharge of two dollars per instrument shall be
charged by the county auditor for each document recorded,
which will be in addition to any other charge authorized by
law. Fifty percent of the revenue generated through this
surcharge shall be transmitted monthly to the state treasurer
who shall distribute such funds to each county treasurer
within the state in July of each year in accordance with the
formula described in RCW 36.22.190. The county treasurer
shall place the funds received in a special account titled the
auditor’s centennial document preservation and modernization account to be used solely for ongoing preservation of
historical documents of all county offices and departments
and shall not be added to the county current expense fund.
Fifty percent of the revenue generated by this surcharge shall
be retained by the county and deposited in the auditor’s
operation and maintenance fund for ongoing preservation of
historical documents of all county offices and departments.
The centennial document preservation and modernization
account is hereby created in the custody of the state treasurer
and shall be classified as a treasury trust account. State
distributions from the centennial document preservation and
modernization account shall be made without appropriation.
[1993 c 37 § 1; 1989 c 204 § 3.]
Findings—1989 c 204: See note following RCW 36.22.160.
36.22.175 Surcharge for archives and records
management—Records management training—Eastern
Washington regional facility. (1) In addition to any other
charge authorized by law, the county auditor shall charge a
surcharge of one dollar per instrument for each document
recorded. Revenue generated through this surcharge shall be
transmitted monthly to the state treasurer for deposit in the
archives and records management account. These funds
shall be used solely for providing records scheduling,
security microfilm inspection and storage, archival preservation, cataloging, and indexing for local government records
and digital data and access to those records and data through
the regional branch archives of the division of archives and
records management.
The division of archives and records management within
the office of the secretary of state shall provide records
management training for local governments and shall
establish a competitive grant program to solicit and prioritize
[Title 36 RCW—page 40]
project proposals from local governments for potential
funding to be paid for by funds from the auditor surcharge
and tax warrant surcharge revenues. Application for specific
projects may be made by local government agencies only.
The state archivist in consultation with the advisory committee established under RCW 40.14.027 shall adopt rules
governing project eligibility, evaluation, awarding of grants,
and other criteria including requirements for records management training for grant recipients.
(2) The advisory committee established under RCW
40.14.027 shall review grant proposals and establish a
prioritized list of projects to be considered for funding by
January 1st of each even-numbered year, beginning in 2002.
The evaluation of proposals and development of the prioritized list must be developed through open public meetings.
Funding for projects shall be granted according to the
ranking of each application on the prioritized list and
projects will be funded only to the extent that funds are
available. A grant award may have an effective date other
than the date the project is placed on the prioritized list.
(3) In addition to any other surcharge authorized by law,
the county auditor shall charge a surcharge of one dollar per
instrument for every document recorded after January 1,
2002. Revenue generated through this surcharge shall be
transmitted to the state treasurer monthly for deposit in the
archives and records management account to be used
exclusively for the construction and improvement of a
specialized regional facility located in eastern Washington
designed to serve the archives, records management, and
digital data management needs of local government.
To the extent the facilities are used for the storage and
retrieval of state agency records and digital data, that portion
of the construction of such facilities used for state government records and data shall be supported by other charges
and fees paid by state agencies and shall not be supported by
the surcharge authorized in this subsection.
At such time that all debt service from construction on
such facility has been paid, fifty percent of the surcharge
authorized by this subsection shall be reverted to the
centennial document preservation and modernization account
as prescribed in RCW 36.22.170 and fifty percent of the
surcharge authorized by this section shall be reverted to the
state treasurer for deposit in the archives and records
management account to serve the archives, records management, and digital data management needs of local government. [2001 2nd sp.s. c 13 § 1; 1996 c 245 § 1.]
Effective date—2001 2nd sp.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
June 30, 2001." [2001 2nd sp.s. c 13 § 3.]
Effective date—1996 c 245: See note following RCW 40.14.025.
36.22.178 Surcharge for low-income housing
projects—Forty percent to state treasurer—Permissible
uses. (1) Except as provided in subsection (2) of this
section, a surcharge of ten dollars per instrument shall be
charged by the county auditor for each document recorded,
which will be in addition to any other charge authorized by
law. The auditor may retain up to five percent of these
funds collected to administer the collection of these funds.
Of the remaining funds, forty percent of the revenue generated through this surcharge will be transmitted monthly to the
(2002 Ed.)
County Auditor
state treasurer who will deposit the funds into the Washington housing trust account. The office of community development of the department of community, trade, and economic development will develop guidelines for the use of these
funds to support building operation and maintenance costs of
housing projects or units within housing projects that are
affordable to extremely low-income persons with incomes at
or below thirty percent of the area median income, and that
require a supplement to rent income to cover ongoing
operating expenses. Sixty percent of the revenue generated
by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its
cities and towns for housing projects or units within housing
projects that are affordable to very low-income persons with
incomes at or below fifty percent of the area median income.
The portion of the surcharge retained by a county shall be
allocated to very low-income housing projects or units within
such housing projects in the county and the cities within a
county according to an interlocal agreement between the
county and the cities within the county, consistent with
countywide and local housing needs and policies. The funds
generated with this surcharge shall not be used for construction of new housing if at any time the vacancy rate for
available low-income housing within the county rises above
ten percent. The vacancy rate for each county shall be
developed using the state low-income vacancy rate standard
developed under subsection (3) of this section. Permissible
uses of these local funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable
to very low-income persons with incomes at or below fifty
percent of the area median income;
(b) Supporting building operation and maintenance costs
of housing projects or units within housing projects built
with housing trust funds, that are affordable to very lowincome persons with incomes at or below fifty percent of the
area median income, and that require a supplement to rent
income to cover ongoing operating expenses;
(c) Rental assistance vouchers for housing projects or
units within housing projects that are affordable to very lowincome persons with incomes at or below fifty percent of the
area median income, to be administered by a local public
housing authority or other local organization that has an
existing rental assistance voucher program, consistent with
the United States department of housing and urban
development’s section 8 rental assistance voucher program
standards; and
(d) Operating costs for emergency shelters and licensed
overnight youth shelters.
(2) The surcharge imposed in this section does not apply
to assignments or substitutions of previously recorded deeds
of trust.
(3) The real estate research center at Washington State
University shall develop a vacancy rate standard for lowincome housing in the state as described in RCW
18.85.540(1)(i). [2002 c 294 § 2.]
Findings—2002 c 294: "The legislature recognizes housing
affordability has become a significant problem for a large portion of society
in many parts of Washington state in recent years. The state has traditionally focused its resources on housing for low-income populations. Additional
funding resources are needed for building operation and maintenance
activities for housing projects affordable to extremely low-income people,
for example farmworkers or people with developmental disabilities.
(2002 Ed.)
36.22.178
Affordable rents for extremely low-income people are not sufficient to cover
the cost of building operations and maintenance. In addition resources are
needed at the local level to assist in development and preservation of
affordable low-income housing to address critical local housing needs."
[2002 c 294 § 1.]
36.22.190 Distribution of funds. After deduction of
those costs of the state treasurer that are described under
*RCW 36.22.180, the balance of the funds will be distributed to the counties according to the following formula: Onehalf of the funds available shall be equally distributed among
the thirty-nine counties; and the balance will be distributed
among the counties in direct proportion to their population
as it relates to the total state’s population based on the most
recent population statistics. [1989 c 204 § 5.]
Reviser’s note: (1) 1989 c 204 § 7 directed that this section be added
to chapter 36.18 RCW. This placement appears inappropriate and the
section has been codified as a part of chapter 36.22 RCW.
*(2) RCW 36.22.180 was repealed by 1991 sp.s. c 13 § 122, effective
July 1, 1991.
Findings—1989 c 204: See note following RCW 36.22.160.
36.22.200 Action for change of name—Filing and
recording. Upon receipt of the fee and the name change
order from the district court as provided in RCW 4.24.130,
the county auditor shall file and record the name change
order. [1992 c 30 § 2.]
36.22.210 Process servers—Registration—Fees. (1)
Each county auditor shall develop a registration process to
register process servers required to register under RCW
18.180.010.
(2) The county auditor may collect an annual registration fee from the process server not to exceed ten dollars.
(3) The county auditor shall use a form in the registration process for the purpose of identifying and locating the
registrant, including the process server’s name, birthdate, and
social security number, and the process server’s business
name, business address, and business telephone number.
(4) The county auditor shall maintain a register of
process servers and assign a number to each registrant.
Upon renewal of the registration as required in RCW
18.180.020, the auditor shall continue to assign the same
registration number. A successor entity composed of one or
more registrants shall be permitted to transfer one or more
registration numbers to the new entity. [1997 c 41 § 8; 1992
c 125 § 2.]
Construction—1992 c 125: See RCW 18.180.900.
36.22.220 Election assistants, deputies—
Appointment, qualifications. The county auditor of each
county, as ex officio supervisor of all primaries and elections, general or special, within the county under Title 29
RCW, may appoint one or more well-qualified persons to act
as assistants or deputies; however, not less than two persons
of the auditor’s office who conduct primaries and elections
in the county shall be certified under chapter 29.60 RCW as
elections administrators. [1992 c 163 § 12.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
[Title 36 RCW—page 41]
36.22.230
Title 36 RCW: Counties
36.22.230 Election assistants, deputies—Additional
qualifications. Each deputy or assistant appointed under
RCW 36.22.220 shall have been graduated from an accredited high school or shall have passed a high school equivalency examination. Each shall be knowledgeable in the rules
and laws of conducting elections. [1992 c 163 § 13.]
Effective date—1992 c 163 §§ 5-13: See note following RCW
29.60.030.
Chapter 36.23
COUNTY CLERK
Sections
36.23.020
36.23.030
36.23.040
36.23.065
New bond may be required.
Records to be kept.
Custody and delivery of records.
Destruction and reproduction of court records—Destruction
of receipts for expenses under probate proceedings.
36.23.067 Reproduced court records have same force and effect as
original.
36.23.070 Destruction of court exhibits—Preservation for historical
purposes.
36.23.080 Office at county seat.
36.23.090 Search for birth parents—County clerk’s duty.
36.23.100 Electronic payment of court fees and other financial obligations—Authorized.
Civil actions, generally, clerk’s duties: Title 4 RCW.
County clerk
as clerk of superior court: State Constitution Art. 4 § 26.
not to practice law: RCW 2.32.090.
powers and duties: RCW 2.32.050.
Dissolution of inactive port districts: Chapter 53.47 RCW.
Execution docket, clerk to keep: RCW 4.64.060.
Judgment journal, clerk to keep: RCW 4.64.030.
Lien foreclosure, clerk’s duties: Chapter 84.64 RCW.
Oaths, clerk may administer: RCW 5.28.010.
Official bonds filed with: RCW 42.08.100.
Registration of land titles, clerk’s duties: Chapter 65.12 RCW.
Support of dependent children, clerk to charge no fees in connection with:
RCW 74.20.300.
Tax warrants, clerk’s duties: Chapter 82.32 RCW.
Telegraphic copies as evidence, clerk to certify: RCW 5.52.050.
Veterans, clerk to furnish marital status certificates to free: RCW
73.04.120.
Witness fees and expenses, civil proceedings, clerk’s duties: Chapter 2.40
RCW, RCW 5.56.010.
36.23.020 New bond may be required. When the
judge or judges of any court, or a majority of them, believe
that the clerk of the court does not have a good and sufficient bond on file, or that the bond is not large enough in
amount, such judge or judges shall enter an order requiring
him, within such time as may be specified in the order, to
execute and present to them a good and sufficient bond, in
such sum as may be fixed by the order. In case of his
failure to file the bond within ten days from the expiration
of the date fixed the judge or judges shall declare the office
vacant. [1963 c 4 § 36.23.020. Prior: 1895 c 53 § 3; RRS
§ 72.]
36.23.030 Records to be kept. The clerk of the
superior court at the expense of the county shall keep the
following records:
[Title 36 RCW—page 42]
(1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause;
(2) A docket in which before every session, he or she
shall enter the titles of all causes pending before the court at
that session in the order in which they were commenced,
beginning with criminal cases, noting in separate columns
the names of the attorneys, the character of the action, the
pleadings on which it stands at the commencement of the
session. One copy of this docket shall be furnished for the
use of the court and another for the use of the members of
the bar;
(3) A record for each session in which he or she shall
enter the names of witnesses and jurors, with time of
attendance, distance of travel, and whatever else is necessary
to enable him or her to make out a complete cost bill;
(4) A record in which he or she shall record the daily
proceedings of the court, and enter all verdicts, orders,
judgments, and decisions thereof, which may, as provided by
local court rule, be signed by the judge; but the court shall
have full control of all entries in the record at any time
during the session in which they were made;
(5) An execution docket and also one for a final record
in which he or she shall make a full and perfect record of all
criminal cases in which a final judgment is rendered, and all
civil cases in which by any order or final judgment the title
to real estate, or any interest therein, is in any way affected,
and such other final judgments, orders, or decisions as the
court may require;
(6) A record in which shall be entered all orders,
decrees, and judgments made by the court and the minutes
of the court in probate proceedings;
(7) A record of wills and bonds shall be maintained.
Originals shall be placed in the original file and shall be
preserved or duplicated pursuant to RCW 36.23.065;
(8) A record of letters testamentary, administration, and
guardianship in which all letters testamentary, administration,
and guardianship shall be recorded;
(9) A record of claims shall be entered in the appearance docket under the title of each estate or case, stating the
name of each claimant, the amount of his or her claim and
the date of filing of such;
(10) A memorandum of the files, in which at least one
page shall be given to each estate or case, wherein shall be
noted each paper filed in the case, and the date of filing each
paper;
(11) Such other records as are prescribed by law and
required in the discharge of the duties of his or her office.
[2002 c 30 § 1; 1987 c 363 § 3; 1967 ex.s. c 34 § 2; 1963
c 4 § 36.23.030. Prior: (i) 1923 c 130 § 1; Code 1881 §
2179; 1863 p 417 § 6; 1854 p 366 § 6; RRS § 75. (ii) 1917
c 156 § 2; RRS § 1372. (iii) 1917 c 156 § 57; Code 1881
§ 1384; 1863 p 219 § 118; 1860 p 181 § 85; RRS § 1427.
(iv) 1917 c 156 § 72; Code 1881 § 1411; 1863 p 221 § 130;
1860 p 183 § 97; RRS § 1442.]
36.23.040 Custody and delivery of records. The
clerk shall be responsible for the safe custody and delivery
to his successor of all books and papers belonging to his
office. [1963 c 4 § 36.23.040. Prior: Code 1881 § 2181;
1863 p 418 § 8; 1854 p 367 § 8; RRS § 76.]
(2002 Ed.)
County Clerk
36.23.065 Destruction and reproduction of court
records—Destruction of receipts for expenses under
probate proceedings. Notwithstanding any other law relating to the destruction of court records, the county clerk
may cause to be destroyed all documents, records, instruments, books, papers, depositions, and transcripts, in any
action or proceeding in the superior court, or otherwise filed
in his or her office pursuant to law, if all of the following
conditions exist:
(1) The county clerk maintains for the use of the public
a photographic film, microphotographic, photostatic, electronic, or similar reproduction of each document, record,
instrument, book, paper, deposition, or transcript so destroyed: PROVIDED, That all receipts and canceled checks
filed by a personal representative pursuant to RCW
11.76.100 may be removed from the file by order of the
court and destroyed the same as an exhibit pursuant to RCW
36.23.070.
(2) At the time of the taking of the photographic film,
microphotographic, photostatic, electronic, or similar reproduction, the county clerk or other person under whose
direction and control the same was taken, attached thereto,
or to the sealed container in which the same was placed and
has been kept, or incorporated in the photographic film,
microphotographic, photostatic, electronic, or similar reproduction, a certification that the copy is a correct copy of the
original, or of a specified part thereof, as the case may be,
the date on which taken, and the fact it was taken under the
clerk’s direction and control. The certificate must be under
the official seal of the certifying officer, if there be any, or
if the certifying officer is the clerk of a court having a seal,
under the seal of such court.
(3) The county clerk promptly seals and stores at least
one original or negative of each such photographic film,
microphotographic, photostatic, electronic, or similar reproduction in such manner and place as reasonably to assure its
preservation indefinitely against loss, theft, defacement, or
destruction. Electronic reproductions are acceptable media
for this purpose if one of the following conditions exists:
(a) The electronic reproductions are continuously
updated and, if necessary, transferred to another medium to
ensure that they are accessible through contemporary and
supported electronic or computerized systems; or
(b) The electronic reproductions are scheduled to be
reproduced on photographic film, microphotographic,
photostatic, or similar media for indefinite preservation.
(4) When copies of public records of the county clerk
are transferred to the state archives for security storage, the
state archives may only provide certified copies of those
records with the written permission of the county clerk who
is custodian of those records. When so transferred and
authorized, the copies of the public records concerned shall
be made by the state archives, which certification shall have
the same force and effect as though made by the county
clerk who is custodian of the record. If there is a statutory
fee for the reproduction of the document, contracts can be
made between the county clerk and the state archives for
reproduction and certification of the copies, however no
certification authority may be transferred except as provided
in this subsection and for records of abolished or discontinued offices or agencies under chapter 40.14 RCW. [1998 c
(2002 Ed.)
36.23.065
226 § 1; 1981 c 277 § 10; 1973 c 14 § 1; 1971 c 29 § 1;
1963 c 4 § 36.23.065. Prior: 1957 c 201 § 1.]
36.23.067 Reproduced court records have same
force and effect as original. Any print, whether enlarged
or not, from any photographic film, including any photographic plate, microphotographic film, or photostatic negative or similar reproduction, or from any electronic record,
of any original record, document, instrument, book, paper,
deposition, or transcript which has been processed in accordance with the provisions of RCW 36.23.065, and has been
certified by the county clerk under his or her official seal as
a true copy, may be used in all instances, including introduction in evidence in any judicial or administrative proceeding,
that the original record, document, instrument, book, paper,
deposition, or transcript might have been used, and shall
have the full force and effect of the original for all purposes.
[1998 c 226 § 2; 1963 c 4 § 36.23.067. Prior: 1957 c 201
§ 2.]
36.23.070 Destruction of court exhibits—
Preservation for historical purposes. A county clerk may
at any time more than six years after the entry of final
judgment in any action apply to the superior court for an
authorizing order and, upon such order being signed and
entered, turn such exhibits of possible value over to the
sheriff for disposal in accordance with the provisions of
chapter 63.40 RCW, and destroy any other exhibits, unopened depositions, and reporters’ notes which have theretofore been filed in such cause: PROVIDED, That reporters’
notes in criminal cases must be preserved for at least fifteen
years: PROVIDED FURTHER, That any exhibits which are
deemed to possess historical value may be directed to be
delivered by the clerk to libraries or historical societies.
[1981 c 154 § 1; 1973 c 14 § 2; 1967 ex.s. c 34 § 3; 1963
c 4 § 36.23.070. Prior: 1957 c 201 § 3; 1947 c 277 § 1;
Rem. Supp. 1947 § 81-1.]
36.23.080 Office at county seat. The office of the
clerk of the superior court shall be kept at the county seat of
the county of which he is clerk. [1963 c 4 § 36.23.080.
Prior: 1891 c 57 § 1; RRS § 73, part. Cf. Code 1881 §
2125.]
36.23.090 Search for birth parents—County clerk’s
duty. The county clerk shall provide the name and telephone number of at least one resource to assist adopted
persons who are searching for birth parents, or birth parents
who are searching for children they have relinquished, if
these resources have contacted the clerk’s office and requested that their name be made available to persons making
inquiry. [1990 c 146 § 10.]
36.23.100 Electronic payment of court fees and
other financial obligations—Authorized. County clerks
are authorized to accept credit cards, charge cards, debit
cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other
electronic communication, for payment of all fees and
moneys due the court under RCW 36.18.012 through
36.18.020, and for the payment of court-ordered legal
[Title 36 RCW—page 43]
36.23.100
Title 36 RCW: Counties
financial obligations of criminal defendants which include,
but are not limited to, fines, fees, assessments, restitution,
and crime victims’ compensation, consistent with RCW
36.48.010, 36.48.080, and 36.48.090. A payer desiring to
pay by credit card, charge card, debit card, smart card,
stored value card, federal wire, and automatic clearinghouse
system transactions, or other electronic communication shall
bear the cost of processing the transaction. [2000 c 202 §
1.]
Chapter 36.24
COUNTY CORONER
Sections
36.24.010
36.24.020
36.24.030
36.24.040
36.24.050
36.24.060
36.24.070
36.24.080
To act as sheriff under certain conditions.
Inquests.
Penalty for nonattendance of juror.
Duty of coroner’s jury—Oath.
Power to summon witnesses—Subpoenas.
Power to employ physician or surgeon—Compensation.
Verdict of jury.
Testimony reduced to writing in certain cases and witnesses
recognized.
36.24.090 Procedure where accused is under arrest.
36.24.100 Procedure where accused is at large—Warrant of arrest.
36.24.110 Form of warrant.
36.24.120 Service of warrant.
36.24.130 Property of deceased.
36.24.140 Duty of treasurer.
36.24.150 Delivery to representatives.
36.24.155 Undisposed of remains—Entrusting to funeral homes or
mortuaries.
36.24.160 District judge may act as coroner.
36.24.170 Coroner not to practice law.
36.24.175 Coroner not to be owner or employee of funeral home or
mortuary—Counties with populations of forty thousand
or more.
36.24.180 Audit of coroner’s account.
36.24.190 Medical examiner—When authorized—Election—
Qualifications for appointment.
Action against, limitation on: RCW 4.16.080.
Cemetery districts: Chapter 68.52 RCW.
Dead bodies
coroner’s jurisdiction over, when: RCW 68.50.010.
coroner’s right to dissect, when: RCW 68.50.100.
Duties relating to
execution of judgment: Chapter 6.17 RCW.
human remains, generally: Chapter 68.50 RCW.
public cemetery and morgue, management: RCW 68.52.020.
reports of death caused in motor vehicle accidents: RCW 46.52.050.
successors, delivery of documents and property to: RCW 36.28.120.
vital statistics: Chapter 70.58 RCW.
Labor disputes, arbitration of, service of process by: RCW 49.08.030.
State hospitals for the mentally ill, report of death of patient in, given
coroner: RCW 72.23.190.
Vehicle of as emergency vehicle: RCW 46.04.040.
36.24.010 To act as sheriff under certain conditions.
The coroner shall perform the duties of the sheriff in all
cases where the sheriff is interested or otherwise incapacitated from serving; and whenever the coroner acts as sheriff he
shall possess the powers and perform all the duties of
sheriff, and shall be liable on his official bond in like
manner as the sheriff would be, and shall be entitled to the
same fees as are allowed by law to the sheriff for similar
services: PROVIDED, That nothing herein contained shall
prevent the court from appointing a suitable person to
[Title 36 RCW—page 44]
discharge such duties, as provided by RCW 36.28.090.
[1963 c 4 § 36.24.010. Prior: 1897 c 21 § 1; Code 1881 §
2776; 1863 p 559 § 2; 1854 p 436 § 2; RRS § 4180.]
36.24.020 Inquests. Any coroner, in his or her
discretion, may hold an inquest if the coroner suspects that
the death of a person was unnatural, or violent, or resulted
from unlawful means, or from suspicious circumstances, or
was of such a nature as to indicate the possibility of death
by the hand of the deceased or through the instrumentality
of some other person: PROVIDED, That, except under
suspicious circumstances, no inquest shall be held following
a traffic death.
The coroner in the county where an inquest is to be
convened pursuant to this chapter shall notify the superior
court to provide persons to serve as a jury of inquest to hear
all the evidence concerning the death and to inquire into and
render a true verdict on the cause of death. Jurors shall be
selected and summoned in the same manner and shall have
the same qualifications as specified in chapter 2.36 RCW.
The prosecuting attorney having jurisdiction shall be notified
in advance of any such inquest to be held, and at his
discretion may be present at and assist the coroner in the
conduct of the same. The coroner may adjourn the inquest
from time to time as he may deem necessary.
The costs of inquests shall be borne by the county in
which the inquest is held. [1988 c 188 § 18; 1963 c 4 §
36.24.020. Prior: 1953 c 188 § 3; Code 1881 § 2777; 1863
p 560 § 3; 1854 p 436 § 3; RRS § 4181.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
36.24.030 Penalty for nonattendance of juror.
Every person summoned as a juror who fails to appear
without having a reasonable excuse shall forfeit a sum not
exceeding twenty dollars, to be recovered by the coroner, in
the name of the state, before any district judge of the county.
The penalty when collected shall be paid over to the county
treasurer for the use of the county. [1987 c 202 § 202; 1963
c 4 § 36.24.030. Prior: Code 1881 § 2778; 1863 p 560 §
4; 1854 p 436 § 4; RRS § 4182.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.040 Duty of coroner’s jury—Oath. When four
or more of the jurors attend, they shall be sworn by the
coroner to inquire who the person was, and when, where,
and by what means he came to his death, and into the
circumstances attending his death, and to render a true
verdict therein, according to the evidence afforded them, or
arising from the inspection of the body. [1963 c 4 §
36.24.040. Prior: Code 1881 § 2779; 1863 p 560 § 5; 1854
p 436 § 5; RRS § 4183.]
36.24.050 Power to summon witnesses—Subpoenas.
The coroner may issue subpoenas for witnesses returnable
forthwith or at such time and place as the coroner may
appoint, which may be served by any competent person.
The coroner must summon and examine as witnesses, on
oath administered by the coroner, every person, who, in his
or her opinion or that of any of the jury, has any knowledge
of the facts. A witness served with a subpoena may be
(2002 Ed.)
County Coroner
compelled to attend and testify, or be punished by the
coroner for disobedience, in like manner as upon a subpoena
issued by a district judge. [1987 c 202 § 203; 1963 c 4 §
36.24.050. Prior: (i) 1901 c 131 § 1, part; Code 1881 §
2780, part; 1863 p 560 § 6, part; 1854 p 436 § 6, part; RRS
§ 4184, part. (ii) Code 1881 § 2781; 1863 p 560 § 7; 1854
p 437 § 7; RRS § 4186.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.060 Power to employ physician or surgeon—
Compensation. The coroner may summon a surgeon or
physician to inspect the body and give under oath a professional opinion as to the cause of death. The fees for the
coroner’s physician or surgeon shall not be less than ten
dollars. [1963 c 4 § 36.24.060. Prior: (i) 1901 c 131 § 1,
part; Code 1881 § 2780, part; 1863 p 560 § 6, part; 1854 p
436 § 6, part; RRS § 4184, part.]
36.24.070 Verdict of jury. After hearing the testimony, the jury shall render its verdict and certify the same in
writing signed by the jurors, and setting forth who the person
killed is, if known, and when, where and by what means he
came to his death; or if he was killed, or his death was
occasioned by the act of another by criminal means, who is
guilty thereof, if known. [1963 c 4 § 36.24.070. Prior:
1953 c 188 § 4; Code 1881 § 2782; 1863 p 560 § 8; 1854
p 437 § 8; RRS § 4187.]
36.24.080 Testimony reduced to writing in certain
cases and witnesses recognized. In all cases where murder
or manslaughter is supposed to have been committed, the
testimony of witnesses taken before the coroner’s jury shall
be reduced to writing by the coroner, or under his direction,
and he shall also recognize such witnesses to appear and
testify in the superior court of the county, and shall forthwith
file the written testimony, inquisition, and recognizance with
the clerk of such court. [1963 c 4 § 36.24.080. Prior: Code
1881 § 2783; 1863 p 561 § 9; 1854 p 437 § 9; RRS § 4188.]
36.24.090 Procedure where accused is under arrest.
If the person charged with the commission of the offense has
been arrested before the inquisition has been filed, the
coroner shall deliver the recognizance and the inquisition,
with the testimony taken, to the magistrate before whom
such person may be brought, who shall return the same, with
the depositions and statements taken before him to the clerk
of the superior court of the county. [1963 c 4 § 36.24.090.
Prior: Code 1881 § 2784; 1863 p 561 § 10; 1854 p 437 §
10; RRS § 4189.]
36.24.100 Procedure where accused is at large—
Warrant of arrest. If the jury finds that the person was
killed and the party committing the homicide is ascertained
by the inquisition, but is not in custody, the coroner shall
issue a warrant for the arrest of the person charged, returnable forthwith to the nearest magistrate. [1963 c 4 §
36.24.100. Prior: Code 1881 § 2785; 1863 p 561 § 11;
1854 p 437 § 11; RRS § 4190.]
(2002 Ed.)
36.24.050
36.24.110 Form of warrant. The coroner’s warrant
shall be in substantially the following form:
State of Washington,
County of
..........
⎫
⎬ ss.
âŽ
To any sheriff or constable of the county.
An inquisition having been this day found by the
coroner’s jury, before me, stating that A B has come to his
death by the act of C D, by criminal means (or as the case
may be, as found by the inquisition), you are therefore
commanded, in the name of the state of Washington,
forthwith to arrest the above named C D, and take him before the nearest or most accessible magistrate in this county.
Given under my hand this . . . . day of . . . . . ., A.D.
19. . .
E F, coroner of the county of . . . . . .
[1963 c 4 § 36.24.110. Prior: Code 1881 § 2786; 1863 p
561 § 12; 1854 p 437 § 12; RRS § 4191.]
36.24.120 Service of warrant. The coroner’s warrant
may be served in any county, and the officers serving it shall
proceed thereon, in all respects, as upon a warrant of arrest.
[1963 c 4 § 36.24.120. Prior: Code 1881 § 2787; 1863 p
561 § 13; 1854 p 438 § 13; RRS § 4192.]
36.24.130 Property of deceased. The coroner must,
within thirty days after the inquest upon a dead body, deliver
to the county treasurer any money or other property which
may be found upon the body, unless claimed in the meantime by the legal representatives of the deceased. If he fails
to do so, the treasurer may proceed against the coroner to
recover the same by a civil action in the name of the county.
[1963 c 4 § 36.24.130. Prior: Code 1881 § 2789; 1863 p
562 § 15; 1854 p 438 § 15; RRS § 4194.]
36.24.140 Duty of treasurer. Upon the delivery of
money to the treasurer, he shall place it to the credit of the
county. If it is property other than money, he shall, within
thirty days, sell it at public auction, upon reasonable public
notice, and place the proceeds to the credit of the county.
[1963 c 4 § 36.24.140. Prior: Code 1881 § 2790; 1863 p
562 § 16; 1854 p 438 § 16; RRS § 4195.]
36.24.150 Delivery to representatives. If the money
in the treasury is demanded within six years by the legal
representatives of the deceased, the treasurer shall pay it to
them after deducting the fees and expenses of the coroner
and of the county in relation to the matter, or the same may
be so paid at any time thereafter, upon the order of the board
of county commissioners of the county. [1963 c 4 §
36.24.150. Prior: Code 1881 § 2791; 1863 p 562 § 17;
1854 p 438 § 17; RRS § 4196.]
36.24.155 Undisposed of remains—Entrusting to
funeral homes or mortuaries. Whenever anyone shall die
within a county without making prior plans for the disposition of his body and there is no other person willing to
provide for the disposition of the body, the county coroner
shall cause such body to be entrusted to a funeral home in
[Title 36 RCW—page 45]
36.24.155
Title 36 RCW: Counties
the county where the body is found. Disposition shall be on
a rotation basis, which shall treat equally all funeral homes
or mortuaries desiring to participate, such rotation to be
established by the coroner after consultation with representatives of the funeral homes or mortuaries in the county or
counties involved. [1969 ex.s. c 259 § 2.]
Undisposed of remains, disposition of: RCW 68.50.230.
36.24.160 District judge may act as coroner. If the
office of coroner is vacant, or the coroner is absent or unable
to attend, the duties of the coroner’s office may be performed by any district judge in the county with the like
authority and subject to the same obligations and penalties
as the coroner. For such service a district judge shall be
entitled to the same fees, payable in the same manner.
[1987 c 202 § 204; 1963 c 4 § 36.24.160. Prior: (i) Code
1881 § 2793; 1863 p 562 § 19; 1854 p 438 § 19; RRS §
4198. (ii) Code 1881 § 2795; 1863 p 562 § 21; 1854 p 438
§ 21; RRS § 4199.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.24.170 Coroner not to practice law. The coroner
shall not appear or practice as attorney in any court, except
in defense of himself or his deputies. [1963 c 4 § 36.24.170.
Prior: 1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p
558 § 5, part; 1854 p 434 § 5, part; RRS § 4171, part.]
36.24.175 Coroner not to be owner or employee of
funeral home or mortuary—Counties with populations of
forty thousand or more. In each county with a population
of forty thousand or more, no person shall be qualified for
the office of county coroner as provided for in RCW
36.16.030 who is an owner or employee of any funeral home
or mortuary. [1991 c 363 § 54; 1969 ex.s. c 259 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.24.180 Audit of coroner’s account. Before
auditing and allowing the account of the coroner the board
of county commissioners shall require from him a verified
statement in writing, accounting for all money or other
property found upon persons on whom inquests have been
held by him, and that the money or property mentioned in it
has been delivered to the legal representatives of the deceased, or to the county treasurer. [1963 c 4 § 36.24.180.
Prior: Code 1881 § 2792; 1863 p 562 § 18; 1854 p 438 §
18; RRS § 4197.]
36.24.190 Medical examiner—When authorized—
Election—Qualifications for appointment. In a county
with a population of two hundred fifty thousand or more, the
county legislative authority may, upon majority vote at an
election called by the county legislative authority, adopt a
system under which a medical examiner may be appointed
to replace the office of the coroner. The county legislative
authority must adopt a resolution or ordinance that creates
the office of medical examiner at least thirty days prior to
the first day of filing for the primary election for county
offices. If a county adopts such a resolution or ordinance,
the resolution or ordinance shall be referred to the voters for
confirmation or rejection at the next date for a special
[Title 36 RCW—page 46]
election that is more than forty-five days from the date the
resolution or ordinance was adopted. If the resolution or
ordinance is approved by majority vote, no election shall be
held for the position of coroner and the coroner’s position is
abolished following the expiration of the coroner’s term of
office or upon vacating of the office of the coroner for any
reason. The county legislative authority shall appoint a
medical examiner to assume the statutory duties performed
by the county coroner and the appointment shall become
effective following the expiration of the coroner’s term of
office or upon the vacating of the office of the coroner. To
be appointed as a medical examiner pursuant to this section,
a person must either be: (1) Certified as a forensic pathologist by the American board of pathology; or (2) a qualified
physician eligible to take the American board of pathology
exam in forensic pathology within one year of being appointed. A physician specializing in pathology who is appointed
to the position of medical examiner and who is not certified
as a forensic pathologist must pass the pathology exam
within three years of the appointment. [1996 c 108 § 2.]
Chapter 36.26
PUBLIC DEFENDER
Sections
36.26.010
36.26.020
36.26.030
36.26.040
36.26.050
36.26.060
36.26.070
36.26.080
36.26.090
36.26.900
Definitions.
Public defender district—Creation—Office of public defender.
Selection committee.
Public defender—Qualifications—Term.
Reports—Records—Costs and expenses.
Compensation—Office—Assistants, clerks, investigators, etc.
Duty to represent indigent defendants.
Duty to counsel, defend and prosecute appeals.
Appointment of attorney other than public defender.
Chapter cumulative and nonexclusive.
36.26.010 Definitions. As used in this chapter:
(1) "County commissioners" or "board of county
commissioners" means and includes:
(a) Any single board of county commissioners, county
council, or other governing body of any county which has
neither a board of county commissioners nor a county
council denominated as such; and
(b) The governing bodies, including any combination or
mixture of more than one board of county commissioners,
county council, or otherwise denominated governing body of
a county, of any two or more contiguous counties electing to
participate jointly in the support of any intercounty public
defender.
(2) "District" or "public defender district" means any
one or more entire counties electing to employ a public
defender; and no county shall be divided in the creation of
any public defender district. [1969 c 94 § 1.]
36.26.020 Public defender district—Creation—
Office of public defender. The board of county commissioners of any single county or of any two or more
territorially contiguous counties or acting in cooperation with
the governing authority of any city located within the county
or counties may, by resolution or by ordinance, or by
concurrent resolutions or concurrent ordinances, constitute
(2002 Ed.)
Public Defender
such county or counties or counties and cities as a public
defender district, and may establish an office of public
defender for such district. [1969 c 94 § 2.]
36.26.030 Selection committee. The board of county
commissioners of every county electing to become or to join
in a public defender district shall appoint a selection committee for the purpose of selecting a full or part time public
defender for the public defender district. Such selection
committee shall consist of one member of each board of
county commissioners, one member of the superior court
from each county, and one practicing attorney from each
county within the district. [1969 c 94 § 3.]
36.26.040 Public defender—Qualifications—Term.
Every public defender and every assistant public defender
must be a qualified attorney licensed to practice law in this
state; and the term of the public defender shall coincide with
the elected term of the prosecuting attorney. [1969 c 94 §
4.]
36.26.050 Reports—Records—Costs and expenses.
The public defender shall make an annual report to each
board of county commissioners within his district. If any
public defender district embraces more than one county or a
cooperating city, the public defender shall maintain records
of expenses allocable to each county or city within the
district, and shall charge such expenses only against the
county or city for which the services were rendered or the
costs incurred. The boards of county commissioners of
counties and the governing authority of any city participating
jointly in a public defender district are authorized to provide
for the sharing of the costs of the district by mutual agreement, for any costs which cannot be specifically apportioned
to any particular county or city within the district.
Expenditures by the public defender shall be subject to
the provisions of chapter 36.40 RCW and other statutes
relating to expenditures by counties or cities. [1969 c 94 §
5.]
36.26.060 Compensation—Office—Assistants,
clerks, investigators, etc. (1) The board of county commissioners shall:
(a) Fix the compensation of the public defender and of
any staff appointed to assist him in the discharge of his
duties: PROVIDED, That the compensation of the public
defender shall not exceed that of the county prosecutor in
those districts which comprise only one county;
(b) Provide office space, furniture, equipment and
supplies for the use of the public defender suitable for the
conduct of his office in the discharge of his duties, or
provide an allowance in lieu of facilities and supplies.
(2) The public defender may appoint as many assistant
attorney public defenders, clerks, investigators, stenographers
and other employees as the board of county commissioners
considers necessary in the discharge of his duties as a public
defender. [1969 c 94 § 6.]
36.26.070 Duty to represent indigent defendants.
The public defender must represent, without charge to any
accused, every indigent person who is or has been arrested
(2002 Ed.)
36.26.020
or charged with a crime for which court appointed counsel
for indigent defendants is required either under the Constitution of the United States or under the Constitution and laws
of the state of Washington:
(1) If such arrested person or accused, having been
apprised of his constitutional and statutory rights to counsel,
requests the appointment of counsel to represent him; and
(2) If a court, on its own motion or otherwise, does not
appoint counsel to represent the accused; and
(3) Unless the arrested person or accused, having been
apprised of his right to counsel in open court, affirmatively
rejects or intelligently repudiates his constitutional and
statutory rights to be represented by counsel. [1984 c 76 §
18; 1969 c 94 § 7.]
36.26.080 Duty to counsel, defend and prosecute
appeals. Whenever the public defender represents any
indigent person held in custody without commitment or
charged with any criminal offense, he must (1) counsel and
defend such person, and (2) prosecute any appeals and other
remedies, whether before or after conviction, which he
considers to be in the interests of justice. [1969 c 94 § 8.]
36.26.090 Appointment of attorney other than
public defender. For good cause shown, or in any case
involving a crime of widespread notoriety, the court may,
upon its own motion or upon application of either the public
defender or of the indigent accused, appoint an attorney
other than the public defender to represent the accused at
any stage of the proceedings or on appeal: PROVIDED,
That the public defender may represent an accused, not an
indigent, in any case of public notoriety where the court may
find that adequate retained counsel is not available. The
court shall award, and the county in which the offense is
alleged to have been committed shall pay, such attorney
reasonable compensation and reimbursement for any expenses reasonably and necessarily incurred in the presentation of
the accused’s defense or appeal, in accordance with RCW
4.88.330. [1984 c 76 § 19; 1983 c 3 § 76; 1969 c 94 § 9.]
36.26.900 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy, particularly in counties electing not to create the office of public
defender: PROVIDED, That nothing herein shall be
construed to prevent the appointment of a full time or part
time assigned-counsel administrator for the purpose of
maintaining a centrally administered system for the assignment of counsel to represent indigent persons. [1969 c 94
§ 10.]
Chapter 36.27
PROSECUTING ATTORNEY
Sections
36.27.005
36.27.010
36.27.020
36.27.030
36.27.040
36.27.045
Defined.
Eligibility to office.
Duties.
Disability of prosecuting attorney.
Appointment of deputies—Special and temporary deputies.
Employment of legal interns.
[Title 36 RCW—page 47]
Chapter 36.27
36.27.050
36.27.060
Title 36 RCW: Counties
Special emoluments prohibited.
Private practice prohibited in certain counties—Deputy prosecutors.
36.27.070 Office at county seat.
36.27.100 Statewide drug prosecution assistance program—Created.
36.27.110 Statewide drug prosecution assistance program—Advisory
committee—Selection of project director.
36.27.120 Statewide drug prosecution assistance program—
Personnel—Review of assignments—Supervision of
special deputies.
Attorney general to act if prosecuting attorney defaults: RCW 43.10.090.
Attorney general to assist: RCW 43.10.030(4).
Autopsy reports, prosecuting attorney may know contents of: RCW
68.50.105.
Charitable solicitors, prosecuting attorney’s powers and duties relating to:
Chapter 19.09 RCW.
County canvassing board, prosecuting attorney as member: RCW
29.62.020, 39.40.030.
Defined for diking, drainage or sewerage improvement district purposes:
RCW 85.08.010.
Dissolution of inactive port districts: Chapter 53.47 RCW.
District court districting committee, as member of: RCW 3.38.010.
Duties relating to
air pollution control regulations: Chapter 70.94 RCW.
apple commission law: RCW 15.24.180.
baseball contracts with minors: RCW 67.04.110, 67.04.120.
basic juvenile court act: Chapter 13.04 RCW.
camping resorts: RCW 19.105.470, 19.105.490.
cigarette excise tax forfeiture proceeding: RCW 82.24.135.
cities and towns, proceedings attacking validity of consolidation or
annexation: RCW 35.23.545.
civil service for sheriff’s office: RCW 41.14.170.
crime victims and witnesses, comprehensive programs: RCW 7.68.035.
dairy products commission law: RCW 15.44.160.
degree-granting institutions: Chapter 28B.85 RCW.
dental hygienists, licensing of: RCW 18.29.100.
department of natural resources: RCW 78.52.035.
diking, drainage and sewerage improvement districts: Chapter 85.08
RCW.
diseased apiaries as nuisance: Chapter 15.60 RCW.
elections, initiative and referendum: Chapter 29.79 RCW.
elevators, escalators, like conveyances: RCW 70.87.140.
eminent domain by counties: Chapter 8.08 RCW.
food, drug and cosmetic act: RCW 69.04.160.
grain and terminal warehouses, commodity inspection violations: Chapter
22.09 RCW.
homestead property, application to alienate upon grounds of insanity of
one spouse: Chapter 6.13 RCW.
hotels, safety inspection violations: Chapter 70.62 RCW.
housing authority act: RCW 35.82.040.
inspection and certification service fees: RCW 15.17.150.
liquor violations: RCW 66.44.010.
abatement proceedings: Chapter 66.36 RCW.
mental illness: Chapter 71.05 RCW.
mentally ill, alcoholics, detention of in private hospitals: Chapter 71.12
RCW.
pharmacists, regulations of: Chapter 18.64 RCW.
physical therapy, practice of: RCW 18.74.090, 18.74.095.
pilotage act, violations: Chapter 88.16 RCW.
plats, subdivisions and dedications, failure to file: Chapter 58.17 RCW.
private vocational schools: Chapter 28C.10 RCW.
public lands, tide and shore lands, appraisal of: RCW 79.94.060.
railroad grade crossings as nuisance, abatement of: RCW 81.53.190.
real estate brokers and salespersons licensing provisions: RCW
18.85.350.
retail installment transaction act: RCW 63.14.190.
river and harbor improvement districts: Chapter 88.32 RCW.
school districts, violations applicable to: Chapter 28A.635 RCW.
securities act: RCW 21.20.410.
seeds: Chapter 15.49 RCW.
sexual psychopaths and psychopathic delinquents: Chapter 71.06 RCW.
soft tree fruits commission law: RCW 15.28.290.
standards, grades and packs violations: RCW 15.17.260.
[Title 36 RCW—page 48]
support of dependent children: Chapter 74.20 RCW.
taxes, property
lien foreclosure: Chapter 84.64 RCW.
recovery: Chapter 84.68 RCW.
term papers, theses, dissertations, sale of prohibited: RCW 28B.10.584.
uniform reciprocal enforcement of support act: Chapter 26.21 RCW.
veterans, employment, reemployment rights: RCW 73.16.061.
vital statistics: Chapter 70.58 RCW.
wages, payment and collection of: RCW 49.48.050.
Washington commercial feed law: Chapter 15.53 RCW.
Washington fertilizer act: RCW 15.54.470.
Washington pesticide act: Chapter 15.58 RCW.
Washington state agricultural enabling act of 1961: RCW 15.65.550.
water code: RCW 90.03.100, 90.03.350.
weed districts: Chapter 17.04 RCW.
wharves, eminent domain of county to provide: RCW 88.24.070.
Gambling activities, as affecting: Chapter 9.46 RCW.
Governor may request action by: RCW 43.06.010(6).
Juvenile justice act, duties of prosecuting attorney: Chapter 13.40 RCW.
Pawnbroker’s and second-hand dealers’ records open to inspection: RCW
19.60.020.
Support of dependent children, records available for use in proceedings
relating to: RCW 74.20.280.
Uniform interstate family support act, prosecuting attorney may enter into
agreement where attorney general will carry out duties under: RCW
74.20.210.
Vehicle of is emergency vehicle: RCW 46.04.040.
Washington habitual traffic offenders act, prosecuting attorney’s duties:
Chapter 46.65 RCW.
36.27.005 Defined. Prosecuting attorneys are attorneys authorized by law to appear for and represent the state
and the counties thereof in actions and proceedings before
the courts and judicial officers. [1963 c 4 § 36.27.005.
Prior: 1891 c 55 § 3; RRS § 113.]
36.27.010 Eligibility to office. No person shall be
eligible to the office of prosecuting attorney in any county
of this state, unless he is a qualified elector therein, and has
been admitted as an attorney and counselor of the courts of
this state. [1963 c 4 § 36.27.010. Prior: 1891 c 55 § 4;
RRS § 4128. Cf. 1883 p 72 § 7.]
36.27.020 Duties. The prosecuting attorney shall:
(1) Be legal adviser of the legislative authority, giving
them [it] his or her written opinion when required by the
legislative authority or the chairperson thereof touching any
subject which the legislative authority may be called or
required to act upon relating to the management of county
affairs;
(2) Be legal adviser to all county and precinct officers
and school directors in all matters relating to their official
business, and when required draw up all instruments of an
official nature for the use of said officers;
(3) Appear for and represent the state, county, and all
school districts subject to the supervisory control and
direction of the attorney general in all criminal and civil
proceedings in which the state or the county or any school
district in the county may be a party;
(4) Prosecute all criminal and civil actions in which the
state or the county may be a party, defend all suits brought
against the state or the county, and prosecute actions upon
forfeited recognizances and bonds and actions for the re-
(2002 Ed.)
Prosecuting Attorney
covery of debts, fines, penalties, and forfeitures accruing to
the state or the county;
(5) Attend and appear before and give advice to the
grand jury when cases are presented to it for consideration
and draw all indictments when required by the grand jury;
(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably
suspected of felonies when the prosecuting attorney has
information that any such offense has been committed and
the prosecuting attorney shall for that purpose attend when
required by them if the prosecuting attorney is not then in
attendance upon the superior court;
(7) Carefully tax all cost bills in criminal cases and take
care that no useless witness fees are taxed as part of the
costs and that the officers authorized to execute process tax
no other or greater fees than the fees allowed by law;
(8) Receive all cost bills in criminal cases before district
judges at the trial of which the prosecuting attorney was not
present, before they are lodged with the legislative authority
for payment, whereupon the prosecuting attorney may retax
the same and the prosecuting attorney must do so if the
legislative authority deems any bill exorbitant or improperly
taxed;
(9) Present all violations of the election laws which may
come to the prosecuting attorney’s knowledge to the special
consideration of the proper jury;
(10) Examine once in each year the official bonds of all
county and precinct officers and report to the legislative
authority any defect in the bonds of any such officer;
(11) Make an annual report to the governor as of the
31st of December of each year setting forth the amount and
nature of business transacted by the prosecuting attorney in
that year with such other statements and suggestions as the
prosecuting attorney may deem useful;
(12) Send to the state liquor control board at the end of
each year a written report of all prosecutions brought under
the state liquor laws in the county during the preceding year,
showing in each case, the date of trial, name of accused,
nature of charges, disposition of case, and the name of the
judge presiding;
(13) Seek to reform and improve the administration of
criminal justice and stimulate efforts to remedy inadequacies
or injustice in substantive or procedural law. [1995 c 194 §
4; 1987 c 202 § 205; 1975 1st ex.s. c 19 § 1; 1963 c 4 §
36.27.020. Prior: (i) 1911 c 75 § 1; 1891 c 55 § 7; RRS §
116. (ii) 1886 p 65 § 5; 1883 p 73 § 10; Code 1881 § 2171;
1879 p 93 § 6; 1877 p 246 § 6; 1863 p 408 § 4; 1860 p 335
§ 3; 1858 p 12 § 4; 1854 p 416 § 4; RRS § 4130. (iii) 1886
p 61 § 7; 1883 p 73 § 12; Code 1881 § 2168; 1879 p 94 §
8; 1877 p 247 § 8; RRS § 4131. (iv) 1886 p 61 § 8; 1883
p 74 § 13; Code 1881 § 2169; 1879 p 94 § 8; 1877 p 247 §
9; RRS § 4132. (v) 1886 p 61 § 9; 1883 p 74 § 14; Code
1881 § 2170; 1879 p 94 § 9; 1877 p 247 § 10; RRS § 4133.
(vi) 1886 p 62 § 13; 1883 p 74 § 18; Code 1881 § 2165;
1879 p 95 § 13; 1877 p 248 § 14; 1863 p 409 § 5; 1860 p
334 § 4; 1858 p 12 § 5; 1854 p 417 § 5; RRS § 4134. (vii)
Referendum No. 24; 1941 c 191 § 1; 1886 p 63 § 18; 1883
p 76 § 24; Code 1881 § 2146; 1879 p 96 § 18; RRS § 4136.
(viii) Code 1881 § 3150; 1866 p 52 § 10; RRS § 4137. (ix)
1933 ex.s. c 62 § 81, part; RRS § 7306-81, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
(2002 Ed.)
36.27.020
Annual report to include number of child abuse reports and cases: RCW
26.44.075.
36.27.030 Disability of prosecuting attorney. When
from illness or other cause the prosecuting attorney is
temporarily unable to perform his duties, the court or judge
may appoint some qualified person to discharge the duties of
such officer in court until the disability is removed.
When any prosecuting attorney fails, from sickness or
other cause, to attend a session of the superior court of his
county, or is unable to perform his duties at such session, the
court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall
receive a compensation to be fixed by the court, to be
deducted from the stated salary of the prosecuting attorney,
not exceeding, however, one-fourth of the quarterly salary of
the prosecuting attorney: PROVIDED, That in counties
wherein there is no person qualified for the position of
prosecuting attorney, or wherein no qualified person will
consent to perform the duties of that office, the judge of the
superior court shall appoint some suitable person, a duly
admitted and practicing attorney at law and resident of the
state to perform the duties of prosecuting attorney for such
county, and he shall receive such reasonable compensation
for his services as shall be fixed and ordered by the court, to
be paid by the county for which the services are performed.
[1963 c 4 § 36.27.030. Prior: (i) 1891 c 55 § 5; RRS §
114. (ii) 1893 c 52 § 1; 1886 p 62 § 14; 1883 p 74 § 19;
Code 1881 § 2166; 1879 p 95 § 14; 1877 p 248 § 15; 1863
p 409 § 6; 1860 p 335 § 5; 1858 p 13 § 6; 1854 p 417 § 6;
RRS § 4135.]
36.27.040 Appointment of deputies—Special and
temporary deputies. The prosecuting attorney may appoint
one or more deputies who shall have the same power in all
respects as their principal. Each appointment shall be in
writing, signed by the prosecuting attorney, and filed in the
county auditor’s office. Each deputy thus appointed shall
have the same qualifications required of the prosecuting
attorney, except that such deputy need not be a resident of
the county in which he serves. The prosecuting attorney
may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be
limited to the purposes stated in the writing signed by the
prosecuting attorney and filed in the county auditor’s office.
Such special deputy prosecuting attorney shall be admitted
to practice as an attorney before the courts of this state but
need not be a resident of the county in which he serves and
shall not be under the legal disabilities attendant upon
prosecuting attorneys or their deputies except to avoid any
conflict of interest with the purpose for which he has been
engaged by the prosecuting attorney. The prosecuting
attorney shall be responsible for the acts of his deputies and
may revoke appointments at will.
Two or more prosecuting attorneys may agree that one
or more deputies for any one of them may serve temporarily
as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys.
Any such deputy thus serving shall have the same power in
all respects as if he were serving permanently.
The provisions of chapter 39.34 RCW shall not apply to
such agreements.
[Title 36 RCW—page 49]
36.27.040
Title 36 RCW: Counties
The provisions of RCW 41.56.030(2) shall not be interpreted to permit a prosecuting attorney to alter the at-will
relationship established between the prosecuting attorney and
his or her appointed deputies by this section for a period of
time exceeding his or her term of office. Neither shall the
provisions of RCW 41.56.030(2) require a prosecuting
attorney to alter the at-will relationship established by this
section. [2000 c 23 § 2; 1975 1st ex.s. c 19 § 2; 1963 c 4
§ 36.27.040. Prior: 1959 c 30 § 1; 1943 c 35 § 1; 1903 c
7 § 1; 1891 c 55 § 6; 1886 p 63 § 17; 1883 p 76 § 23; Code
1881 § 2142; 1879 p 95 § 16; Rem. Supp. 1943 § 115.]
36.27.045 Employment of legal interns. Notwithstanding any other provision of this chapter, nothing in this
chapter shall be deemed to prevent a prosecuting attorney
from employing legal interns as otherwise authorized by
statute or court rule. [1974 ex.s. c 6 § 1.]
36.27.070 Office at county seat. The prosecuting
attorney of each county in the state of Washington must
keep an office at the county seat of the county of which he
is prosecuting attorney. [1963 c 4 § 36.27.070. Prior: 1909
c 122 § 1; RRS § 4139.]
36.27.100 Statewide drug prosecution assistance
program—Created. The legislature recognizes that, due to
the magnitude or volume of offenses in a given area of the
state, there is a recurring need for supplemental assistance in
the prosecuting of drug and drug-related offenses that can be
directed to the area of the state with the greatest need for
short-term assistance. A statewide drug prosecution assistance program is created within the department of community, trade, and economic development to assist county prosecuting attorneys in the prosecution of drug and drug-related
offenses. [1995 c 399 § 41; 1989 c 271 § 236.]
Severability—1989 c 271: See note following RCW 9.94A.510.
36.27.050 Special emoluments prohibited. No
prosecuting attorney shall receive any fee or reward from
any person, on behalf of any prosecution, or for any of his
official services, except as provided in this title, nor shall he
be engaged as attorney or counsel for any party in any action
depending upon the same facts involved in any criminal
proceeding. [1963 c 4 § 36.27.050. Prior: 1888 p 189 § 1;
1886 p 62 § 12; 1883 p 74 § 17; Code 1881 § 2164; 1879
p 94 § 12; 1877 p 248 § 13; 1863 p 409 § 8; 1860 p 335 §
7; 1858 p 13 § 8; 1854 p 417 § 7; RRS § 4138.]
36.27.060 Private practice prohibited in certain
counties—Deputy prosecutors. (1) The prosecuting
attorney, and deputy prosecuting attorneys, of each county
with a population of eighteen thousand or more shall serve
full time and except as otherwise provided for in this section
shall not engage in the private practice of law.
(2) Deputy prosecuting attorneys in a county with a
population of from eighteen thousand to less than one
hundred twenty-five thousand may serve part time and
engage in the private practice of law if the county legislative
authority so provides.
(3) Except as provided in subsection (4) of this section,
nothing in this section prohibits a prosecuting attorney or
deputy prosecuting attorney in any county from:
(a) Performing legal services for himself or herself or
his or her immediate family; or
(b) Performing legal services of a charitable nature.
(4) The legal services identified in subsection (3) of this
section may not be performed if they would interfere with
the duties of a prosecuting attorney, or deputy prosecuting
attorney and no services that are performed shall be deemed
within the scope of employment of a prosecutor or deputy
prosecutor. [1991 c 363 § 55; 1989 c 39 § 1; 1973 1st ex.s.
c 86 § 1; 1971 ex.s. c 237 § 2; 1969 ex.s. c 226 § 2; 1963
c 4 § 36.27.060. Prior: 1941 c 46 § 2; Rem. Supp. 1941 §
4139-1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1973 1st ex.s. c 86: "This 1973 amendatory act shall
take effect on the second Monday in the month of January, 1975." [1973
1st ex.s. c 86 § 2.]
Severability—Effective date—1971 ex.s. c 237: See notes following
RCW 36.17.020.
[Title 36 RCW—page 50]
36.27.110 Statewide drug prosecution assistance
program—Advisory committee—Selection of project
director. There is established a statewide advisory committee comprised of the attorney general, the chief of the
Washington state patrol, both United States attorneys whose
offices are located in Washington state, and three county
prosecuting attorneys appointed by the Washington association of prosecuting attorneys, who will also act as supervising attorneys. The statewide advisory committee shall select
one of the supervising attorneys to act as project director of
the drug prosecution assistance program. [1989 c 271 §
237.]
Severability—1989 c 271: See note following RCW 9.94A.510.
36.27.120 Statewide drug prosecution assistance
program—Personnel—Review of assignments—
Supervision of special deputies. The project director of the
drug prosecution assistance program shall employ up to five
attorneys to act as special deputy prosecuting attorneys. A
county or counties may request the assistance of one or more
of the special deputy prosecuting attorneys. The project
director after consultation with the advisory committee shall
determine the assignment of the special deputy prosecutors.
Within funds appropriated for this purpose, the project
director may also employ necessary support staff and purchase necessary supplies and equipment.
The advisory committee shall regularly review the
assignment of the special deputy prosecuting attorneys to
ensure that the program’s impact on the drug abuse problem
is maximized.
During the time a special deputy prosecuting attorney is
assigned to a county, the special deputy is under the direct
supervision of the county prosecuting attorney for that
county. The advisory committee may reassign a special
deputy at any time: PROVIDED, That adequate notice must
be given to the county prosecuting attorney if the special
deputy is involved in a case scheduled for trial. [1989 c 271
§ 238.]
Severability—1989 c 271: See note following RCW 9.94A.510.
(2002 Ed.)
County Sheriff
Chapter 36.28
COUNTY SHERIFF
Sections
36.28.010
36.28.011
36.28.020
36.28.025
36.28.030
36.28.040
36.28.050
36.28.060
36.28.070
36.28.080
36.28.090
36.28.100
36.28.110
36.28.120
General duties.
Duty to make complaint.
Powers of deputies, regular and special.
Qualifications.
New or additional bond of sheriff.
May demand fees in advance.
May demand indemnifying bond.
Duplicate receipts.
Duplicate to payer.
Original to be filed.
Service of process when sheriff disqualified.
Employment of prisoners.
Sheriff not to practice law.
Duty of retiring sheriffs, constables and coroners—
Successors’ duties.
36.28.130 Actions by successors and by officials after expiration of
term of office validated.
36.28.140 Penalty for violation of RCW 36.28.060 through 36.28.080.
36.28.150 Liability for fault or misconduct.
36.28.160 Office at county seat.
36.28.170 Standard uniform for sheriffs and deputies.
36.28.180 Allowance for clothing and other incidentals.
36.28.190 City contracts to obtain sheriff’s office law enforcement
services.
Action against, limitation on: RCW 4.16.080, 4.16.110.
Appointment of as assignee for the benefit of creditors unlawful: RCW
7.08.180.
Attachment of witnesses directed to: RCW 5.56.080.
Civil service for sheriff’s office: Chapter 41.14 RCW.
Counties may engage in probation and parole services: RCW 36.01.070.
Court rooms, court may order sheriff to provide: RCW 2.28.140.
Defined for attachment proceedings purposes: RCW 6.25.010.
Dissolution of inactive port districts, sheriff’s sale: RCW 53.47.040.
Disturbances at state penal facilities: Chapter 72.72 RCW.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Duties relating to
abandoned animals: Chapter 16.54 RCW.
adverse claims to property levied upon: Chapter 6.19 RCW.
agister and trainer liens: Chapter 60.56 RCW.
apple advertising regulations: RCW 15.24.180.
attachment, sheriff’s duties: Chapter 6.25 RCW.
chattel mortgages, foreclosure of: Chapter 61.12 RCW.
cities and towns
involuntary dissolution: RCW 35.07.260.
protection from water pollution: Chapter 35.88 RCW.
civil actions
impanelling jury: RCW 4.44.120.
sheriff to obtain money or property ordered deposited into court
upon default: RCW 4.44.490.
sheriff to provide jurors food and lodging: RCW 4.44.310.
crop liens: Chapter 60.11 RCW.
dairy products commission law: RCW 15.44.160.
dead bodies, sheriff to surrender for dissection purposes: RCW
68.50.070.
default in rent of forty dollars or less: RCW 59.08.060, 59.08.090,
59.08.100.
department of revenue summons: RCW 84.08.050.
diking, drainage district, dissolution of: Chapter 85.07 RCW.
dogs: Chapter 16.08 RCW.
elections, polling place regulations during voting hours: Chapter 29.51
RCW.
eminent domain by state: Chapter 8.04 RCW.
execution of judgment: Chapter 6.17 RCW.
fires, sheriff to report: RCW 48.48.060.
forcible entry or forcible or unlawful detainer actions: Chapter 59.12
RCW.
game official, duties as: Chapter 77.12 RCW, RCW 77.32.250.
highway advertising control act, violations: Chapter 47.42 RCW.
(2002 Ed.)
Chapter 36.28
horses, mules, asses at large, sheriff to impound: Chapter 16.24 RCW.
irrigation and rehabilitation district rules and regulations: RCW
87.84.100.
juries, drawing of: Chapter 2.36 RCW.
labor disputes, arbitration of: RCW 49.08.030.
lien for labor and services on timber and lumber, actions on: Chapter
60.24 RCW.
limited access facility within city or town: RCW 47.52.200.
liquor violations, sheriff as enforcement officer: RCW 66.44.010.
lost and found property: Chapter 63.21 RCW.
mental illness: Chapter 71.05 RCW.
mentally ill, state hospitals for, escape by patient from: Chapter 72.23
RCW.
mines, abandoned mining shafts and excavations: Chapter 78.12 RCW.
missing children: RCW 13.60.020.
motor vehicle
accidents: Chapter 46.52 RCW.
fuel haulers: RCW 82.36.210.
offenses generally: Title 46 RCW.
obstructions on public highways: Chapter 47.32 RCW.
port districts
dissolution of: Chapter 53.48 RCW.
motor vehicle regulation enforcement: RCW 53.08.230.
prevention of cruelty to animals: Chapter 16.52 RCW.
proceedings supplemental to execution: Chapter 6.32 RCW.
public lands act, hearings under: RCW 79.01.704.
real estate mortgages, foreclosure of: Chapter 61.12 RCW.
regional jail camps: RCW 72.64.100.
sales under execution and redemption: Chapter 6.21 RCW.
search and seizure, cigarette excise tax: RCW 82.24.190.
soft tree fruits commission law: RCW 15.28.290.
state board of health measures: RCW 43.20.050.
support of dependent children: Chapter 74.20 RCW.
suretyship: Chapter 19.72 RCW.
tax warrants
generally: Chapter 82.32 RCW.
motor vehicle fuel tax: RCW 82.36.130.
taxes, property
private car companies on, process serving: RCW 84.16.032.
public utilities on, process serving: RCW 84.12.240.
traffic control devices, forbidden devices, abatement of: RCW 47.36.180.
traffic schools: Chapter 46.83 RCW.
unclaimed property in hands of sheriff: Chapter 63.40 RCW.
unemployment compensation: RCW 50.12.170, 50.24.110.
uniform code of military justice: RCW 38.38.080 through 38.38.092,
38.38.492.
Gambling activities, as affecting: Chapter 9.46 RCW.
Law enforcement chaplains authorized: Chapter 41.22 RCW.
Money in hands of sheriff under attachment may be garnished: RCW
6.27.050.
Motor vehicle accidents, reports made to sheriff: Chapter 46.52 RCW.
Names of amateur radio station vehicle licensees to be furnished to: RCW
46.16.340.
Reports of motor vehicle repairs made to: RCW 46.52.090.
Sheriff’s deed: RCW 6.21.120.
Support of dependent children, sheriff to charge no fees in connection with:
RCW 74.20.300.
Surety, sheriff ineligible as: RCW 19.72.020.
Vehicle of as emergency vehicle: RCW 46.04.040.
Vehicle wreckers (licensed) records, sheriff may inspect: RCW 46.80.080.
36.28.010 General duties. The sheriff is the chief
executive officer and conservator of the peace of the county.
In the execution of his office, he and his deputies:
(1) Shall arrest and commit to prison all persons who
break the peace, or attempt to break it, and all persons guilty
of public offenses;
(2) Shall defend the county against those who, by riot
or otherwise, endanger the public peace or safety;
[Title 36 RCW—page 51]
36.28.010
Title 36 RCW: Counties
(3) Shall execute the process and orders of the courts of
justice or judicial officers, when delivered for that purpose,
according to law;
(4) Shall execute all warrants delivered for that purpose
by other public officers, according to the provisions of
particular statutes;
(5) Shall attend the sessions of the courts of record held
within the county, and obey their lawful orders or directions;
(6) Shall keep and preserve the peace in their respective
counties, and quiet and suppress all affrays, riots, unlawful
assemblies and insurrections, for which purpose, and for the
service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the
peace, they may call to their aid such persons, or power of
their county as they may deem necessary. [1965 c 92 § 1;
1963 c 4 § 36.28.010. Prior: (i) 1891 c 45 § 1; RRS §
4157. (ii) Code 1881 § 2769; 1863 p 557 § 4; 1854 p 434
§ 4; RRS § 4168.]
36.28.011 Duty to make complaint. In addition to
the duties contained in RCW 36.28.010, it shall be the duty
of all sheriffs to make complaint of all violations of the
criminal law, which shall come to their knowledge, within
their respective jurisdictions. [1963 c 4 § 36.28.011. Prior:
1955 c 10 § 1. Cf. Code 1881 § 2801, part; 1869 p 264 §
311, part; RRS § 4173, part.]
36.28.020 Powers of deputies, regular and special.
Every deputy sheriff shall possess all the power, and may
perform any of the duties, prescribed by law to be performed
by the sheriff, and shall serve or execute, according to law,
all process, writs, precepts, and orders, issued by lawful
authority.
Persons may also be deputed by the sheriff in writing to
do particular acts; including the service of process in civil or
criminal cases, and the sheriff shall be responsible on his
official bond for their default or misconduct. [1963 c 4 §
36.28.020. Prior: 1961 c 35 § 2; prior: (i) Code 1881 §
2767, part; 1871 p 110 § 1, part; 1863 p 557 § 2, part; 1854
p 434 § 2, part; RRS § 4160, part. (ii) 1886 p 174 § 1;
Code 1881 § 2768; 1863 p 557 § 3; 1854 p 434 § 3; RRS §
4167.]
36.28.025 Qualifications. A person who files a
declaration of candidacy for the office of sheriff after
September 1, 1979, shall have, within twelve months of assuming office, a certificate of completion of a basic law
enforcement training program which complies with standards
adopted by the criminal justice training commission pursuant
to RCW 43.101.080 and *43.101.160.
This requirement does not apply to persons holding the
office of sheriff in any county on September 1, 1979. [1979
ex.s. c 153 § 6.]
*Reviser’s note: RCW 43.101.160 was repealed by 1983 c 197 § 55,
effective June 30, 1987.
36.28.030 New or additional bond of sheriff.
Whenever the company acting as surety on the official bond
of a sheriff is disqualified, insolvent, or the penalty of the
bond becomes insufficient on account of recovery had
thereon, or otherwise, the sheriff shall submit a new or
[Title 36 RCW—page 52]
additional bond for approval to the board of county commissioners, if in session, or, if not in session, for the approval
of the chairman of such board, and file the same, when
approved, in the office of the county clerk of his county, and
such new or additional bond shall be in a penal sum sufficient in amount to equal the sum specified in the original
bond when added to the penalty of any existing bond, so that
under one or more bonds there shall always be an enforceable obligation of the surety on the official bond or bonds of
the sheriff in a penal sum of not less than the amount of the
bond as originally approved. [1963 c 4 § 36.28.030. Prior:
1943 c 139 § 2; Rem. Supp. 1943 § 4155-1.]
36.28.040 May demand fees in advance. No sheriff,
deputy sheriff, or coroner shall be liable for any damages for
neglecting or refusing to serve any civil process unless his
legal fees are first tendered him. [1963 c 4 § 36.28.040.
Prior: 1941 c 237 § 1, part; 1935 c 33 § 1, part; Code 1881
§ 2772, part; 1863 p 558 § 7, part; 1854 p 434 § 7, part;
Rem. Supp. 1941 § 4172, part.]
36.28.050 May demand indemnifying bond. If any
property levied upon by virtue of any writ of attachment or
execution or other order issued to the sheriff out of any court
in this state is claimed by any person other than the defendant, and such person or his agent or attorney makes
affidavit of his title thereto or his right to possession thereof,
stating the value thereof and the basis of such right or title,
the sheriff may release such levy, unless the plaintiff on
demand indemnifies the sheriff against such claim by an
undertaking executed by a sufficient surety.
No claim to such property by any person other than the
defendant shall be valid against the sheriff, unless the
supporting affidavit is made. Notwithstanding receipt of a
proper claim the sheriff shall retain such property under levy
a reasonable time to demand such indemnity.
Any sheriff, or other levying officer, may require an
indemnifying bond of the plaintiff in all cases where he has
to take possession of personal property. [1963 c 4 §
36.28.050. Prior: 1941 c 237 § 1, part; 1935 c 33 § 1, part;
Code 1881 § 2772, part; 1863 p 558 § 7, part; 1854 p 434
§ 7, part; Rem. Supp. 1941 § 4172, part.]
36.28.060 Duplicate receipts. The sheriff shall make
duplicate receipts for all payments for his services specifying
the particular items thereof, at the time of payment, whether
paid by virtue of the laws of this state or of the United
States. Such duplicate receipts shall be numbered consecutively for each month commencing with number one. One
of such receipts shall have written or printed upon it the
word "original"; and the other shall have written or printed
upon it the word "duplicate." [1963 c 4 § 36.28.060. Prior:
(i) 1909 c 105 § 1; RRS § 4161. (ii) 1909 c 105 § 2; RRS
§ 4162.]
36.28.070 Duplicate to payer. At the time of
payment of any fees, the sheriff shall deliver to the person
making payment, either personally or by mail, the copy of
the receipt designated "duplicate." [1963 c 4 § 36.28.070.
Prior: 1909 c 105 § 3; RRS § 4163.]
(2002 Ed.)
County Sheriff
36.28.080 Original to be filed. The receipts designated "original" for each month shall be attached to the verified
statement of fees for the corresponding month and the sheriff
shall file with the county treasurer of his county all original
receipts for each month with such verified statement. A
sheriff shall not receive his salary for the preceding month
until the provisions of this section and RCW 36.28.060 and
36.28.070 have been complied with. [1963 c 4 § 36.28.080.
Prior: (i) 1909 c 105 § 4; RRS § 4164. (ii) 1909 c 105 §
5; RRS § 4165.]
36.28.090 Service of process when sheriff disqualified. When there is no sheriff of a county, or he is disqualified from any cause from discharging any particular duty, it
shall be lawful for the officer or person commanding or
desiring the discharge of that duty to appoint some suitable
person, a citizen of the county, to execute the same:
PROVIDED, That final process shall in no case be executed
by any person other than the legally authorized officer; or in
case he is disqualified, some suitable person appointed by
the court, or judge thereof, out of which the process issues,
who shall make such appointment in writing; and before
such appointment shall take effect, the person appointed shall
give security to the party interested for the faithful performance of his duties, which bond of suretyship shall be in
writing, approved by the court or judge appointing him, and
be placed on file with the papers in the case. [1963 c 4 §
36.28.090. Prior: Code 1881 § 745; 1869 p 172 § 687;
RRS § 4170.]
36.28.100 Employment of prisoners. The sheriff or
director of public safety shall employ all able bodied persons
sentenced to imprisonment in the county jail in such manner
and at such places within the county as may be directed by
the legislative authority of the county. [1973 1st ex.s. c 154
§ 54; 1963 c 4 § 36.28.100. Prior: 1909 c 249 § 27; RRS
§ 2279.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
36.28.110 Sheriff not to practice law. No sheriff
shall appear or practice as attorney in any court, except in
their own defense. [1992 c 225 § 2; 1963 c 4 § 36.28.110.
Prior: 1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p
558 § 5, part; 1854 p 434 § 5, part; RRS § 4171, part.]
36.28.120 Duty of retiring sheriffs, constables and
coroners—Successors’ duties. All sheriffs, constables and
coroners, upon the completion of their term of office and the
qualification of their successors, shall deliver and turn over
to their successors all writs and other processes in their possession not wholly executed, and all personal property in
their possession or under their control held under such writs
or processes, and take receipts therefor in duplicate, one of
which shall be filed in the office from which such writ or
process issued as a paper in the action, which receipt shall
be good and sufficient discharge to such officer of and from
further charge of the execution of such writs and processes;
and they shall also deliver to their successors all official
papers and property in their possession or under their
control. The successors shall execute or complete the
(2002 Ed.)
36.28.080
execution of all such writs and processes, and finish and
complete all business turned over to them. [1963 c 4 §
36.28.120. Prior: 1895 c 17 § 1; RRS § 4174.]
36.28.130 Actions by successors and by officials
after expiration of term of office validated. In all cases
where any sheriff, constable or coroner has executed any
writ or other process delivered to him by his predecessor, or
has completed any business commenced by his predecessor
under any writ or process, and has completed any other
business commenced by his predecessor, and in all cases
where any sheriff, constable or coroner has executed any
writ or other process, or completed any business connected
with his office after the expiration of his term of office,
which writ or process he had commenced to execute, or
which business he had commenced to perform, prior to the
expiration of his term of office, such action shall be valid
and effectual for all purposes. [1963 c 4 § 36.28.130. Prior:
1895 c 17 § 2; RRS § 4175.]
36.28.140 Penalty for violation of RCW 36.28.060
through 36.28.080. Any sheriff violating any of the
provisions of RCW 36.28.060, 36.28.070 or 36.28.080, or
failing to perform any of the duties required thereby, shall be
guilty of a misdemeanor, and upon conviction thereof shall
be fined in any sum not less than ten dollars nor more than
fifty dollars for each offense. [1963 c 4 § 36.28.140. Prior:
1909 c 105 § 6; RRS § 4166.]
36.28.150 Liability for fault or misconduct. Whenever any sheriff neglects to make due return of any writ or
other process delivered to him to be executed, or is guilty of
any default or misconduct in relation thereto, he shall be
liable to fine or attachment, or both, at the discretion of the
court, subject to appeal, such fine, however, not to exceed
two hundred dollars; and also to an action for damages to
the party aggrieved. [1963 c 4 § 36.28.150. Prior: Code
1881 § 2771; 1863 p 558 § 6; 1854 p 434 § 6; RRS § 4169.]
36.28.160 Office at county seat. The sheriff must
keep his office at the county seat of the county of which he
is sheriff. [1963 c 4 § 36.28.160. Prior: 1891 c 45 § 2;
RRS § 4158. SLC-RO-14.]
36.28.170 Standard uniform for sheriffs and
deputies. The executive secretary of the Washington state
association of elected county officials, upon written approval
of a majority of the sheriffs in the state, shall file with the
secretary of state a description of a standard uniform which
may be withdrawn or modified by re-filing in the same
manner as originally filed. A uniform of the description so
filed shall thereafter be reserved exclusively for the use of
sheriffs and their deputies: PROVIDED, That the filing of
a standard uniform description shall not make mandatory the
adoption of said uniform by any county sheriff or his
deputies. [1963 c 50 § 1.]
36.28.180 Allowance for clothing and other incidentals. A county may from available funds provide for an
allowance for clothing and other incidentals necessary to the
[Title 36 RCW—page 53]
36.28.180
Title 36 RCW: Counties
performance of official duties for the sheriff and his deputies. [1979 c 132 § 1; 1963 c 50 § 2.]
36.28.190 City contracts to obtain sheriff’s office
law enforcement services. See RCW 41.14.250 through
41.14.280.
Chapter 36.28A
ASSOCIATION OF SHERIFFS AND
POLICE CHIEFS
Sections
36.28A.010 Declarations.
36.28A.020 Local law and justice plan assistance.
36.28A.030 Malicious harassment—Information reporting and dissemination.
36.28A.040 Statewide city and county jail booking and reporting system—Standards committee.
36.28A.050 Statewide city and county jail booking and reporting system—Grant fund.
36.28A.010 Declarations. The Washington association of sheriffs and police chiefs is hereby declared to be a
combination of units of local government: PROVIDED,
That such association shall not be considered an "employer"
within the meaning of RCW 41.26.030(2) or 41.40.010(4):
PROVIDED FURTHER, That no compensation received as
an employee of the association shall be considered salary for
purposes of the provisions of any retirement system created
pursuant to the general laws of this state: PROVIDED
FURTHER, That such association shall not qualify for inclusion under the unallocated two mills of the property tax of
any political subdivision: PROVIDED FURTHER, That the
association shall not have the authority to assess any excess
levy or bond measure. [1975 1st ex.s. c 172 § 1.]
36.28A.020 Local law and justice plan assistance.
The Washington association of sheriffs and police chiefs
may, upon request of a county’s legislative authority, assist
the county in developing and implementing its local law and
justice plan. In doing so, the association shall consult with
the office of financial management and the department of
corrections. [1991 c 363 § 56.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.28A.030 Malicious harassment—Information
reporting and dissemination. (1) The Washington association of sheriffs and police chiefs shall establish and maintain
a central repository for the collection and classification of information regarding violations of RCW 9A.36.080. Upon
establishing such a repository, the association shall develop
a procedure to monitor, record, and classify information
relating to violations of RCW 9A.36.080 and any other
crimes of bigotry or bias apparently directed against other
persons because the people committing the crimes perceived
that their victims were of a particular race, color, religion,
ancestry, national origin, gender, sexual orientation, or had
a mental, physical, or sensory handicap.
(2) All local law enforcement agencies shall report
monthly to the association concerning all violations of RCW
9A.36.080 and any other crimes of bigotry or bias in such
[Title 36 RCW—page 54]
form and in such manner as prescribed by rules adopted by
the association. Agency participation in the association’s
reporting programs, with regard to the specific data requirements associated with violations of RCW 9A.36.080 and any
other crimes of bigotry or bias, shall be deemed to meet
agency reporting requirements. The association must
summarize the information received and file an annual report
with the governor and the senate law and justice committee
and the house of representatives judiciary committee.
(3) The association shall disseminate the information
according to the provisions of chapters 10.97 and 10.98
RCW, and all other confidentiality requirements imposed by
federal or Washington law. [1993 c 127 § 4.]
Severability—1993 c 127: See note following RCW 9A.36.078.
36.28A.040 Statewide city and county jail booking
and reporting system—Standards committee. (1) No later
than July 1, 2002, the Washington association of sheriffs and
police chiefs shall implement and operate an electronic
statewide city and county jail booking and reporting system.
The system shall serve as a central repository and instant
information source for offender information and jail statistical data. The system shall be placed on the Washington
state justice information network and be capable of communicating electronically with every Washington state city and
county jail and with all other Washington state criminal
justice agencies as defined in RCW 10.97.030.
(2) After the Washington association of sheriffs and
police chiefs has implemented an electronic jail booking
system as described in subsection (1) of this section, if a city
or county jail or law enforcement agency receives state or
federal funding to cover the entire cost of implementing or
reconfiguring an electronic jail booking system, the city or
county jail or law enforcement agency shall implement or
reconfigure an electronic jail booking system that is in
compliance with the jail booking system standards developed
pursuant to subsection (4) of this section.
(3) After the Washington association of sheriffs and
police chiefs has implemented an electronic jail booking
system as described in subsection (1) of this section, city or
county jails, or law enforcement agencies that operate
electronic jail booking systems, but choose not to accept
state or federal money to implement or reconfigure electronic
jail booking systems, shall electronically forward jail
booking information to the Washington association of sheriffs and police chiefs. At a minimum the information
forwarded shall include the name of the offender, vital
statistics, the date the offender was arrested, the offenses
arrested for, the date and time an offender is released or
transferred from a city or county jail, and if available, the
mug shot. The electronic format in which the information
is sent shall be at the discretion of the city or county jail, or
law enforcement agency forwarding the information. City
and county jails or law enforcement agencies that forward
jail booking information under this subsection are not
required to comply with the standards developed under
subsection (4)(b) of this section.
(4) The Washington association of sheriffs and police
chiefs shall appoint, convene, and manage a statewide jail
booking and reporting system standards committee. The
committee shall include representatives from the Washington
(2002 Ed.)
Association of Sheriffs and Police Chiefs
association of sheriffs and police chiefs correction committee, the information service board’s justice information
committee, the judicial information system, at least two
individuals who serve as jailers in a city or county jail, and
other individuals that the Washington association of sheriffs
and police chiefs places on the committee. The committee
shall have the authority to:
(a) Develop and amend as needed standards for the
statewide jail booking and reporting system and for the
information that must be contained within the system. At a
minimum, the system shall contain:
(i) The offenses the individual has been charged with;
(ii) Descriptive and personal information about each
offender booked into a city or county jail. At a minimum,
this information shall contain the offender’s name, vital
statistics, address, and mugshot;
(iii) Information about the offender while in jail, which
could be used to protect criminal justice officials that have
future contact with the offender, such as medical conditions,
acts of violence, and other behavior problems;
(iv) Statistical data indicating the current capacity of
each jail and the quantity and category of offenses charged;
(v) The ability to communicate directly and immediately
with the city and county jails and other criminal justice
entities; and
(vi) The date and time that an offender was released or
transferred from a local jail;
(b) Develop and amend as needed operational standards
for city and county jail booking systems, which at a minimum shall include the type of information collected and
transmitted, and the technical requirements needed for the
city and county jail booking system to communicate with the
statewide jail booking and reporting system;
(c) Develop and amend as needed standards for allocating grants to city and county jails or law enforcement
agencies that will be implementing or reconfiguring electronic jail booking systems.
(5) By January 1, 2001, the standards committee shall
complete the initial standards described in subsection (4) of
this section, and the standards shall be placed into a report
and provided to all Washington state city and county jails,
all other criminal justice agencies as defined in RCW
10.97.030, the chair of the Washington state senate human
services and corrections committee, and the chair of the
Washington state house of representatives criminal justice
and corrections committee. [2001 c 169 § 3; 2000 c 3 § 1.]
Contingent expiration date—2000 c 3: "If the Washington
association of sheriffs and police chiefs does not receive federal funding for
purposes of this act by December 31, 2000, this act is null and void."
[2000 c 3 § 4.] According to the Washington association of sheriffs and
police chiefs, federal funding for the purposes of chapter 3, Laws of 2000,
was received by December 31, 2000.
36.28A.050 Statewide city and county jail booking
and reporting system—Grant fund. (1) The Washington
association of sheriffs and police chiefs shall establish and
manage a local jail booking system grant fund. All federal
or state money collected to offset the costs associated with
RCW 36.28A.040(2) shall be processed through the grant
fund established by this section. The statewide jail booking
and reporting system standards committee established under
(2002 Ed.)
36.28A.040
RCW 36.28A.040(4) shall distribute the grants in accordance
with any standards it develops.
(2) The Washington association of sheriffs and police
chiefs shall pursue federal funding to be placed into the local
jail booking system grant fund. [2000 c 3 § 2.]
Contingent expiration date—2000 c 3: See note following RCW
36.28A.040.
Chapter 36.29
COUNTY TREASURER
Sections
36.29.010
36.29.020
General duties.
Custodian of moneys—Investment of funds not required for
immediate expenditures—Service fee.
36.29.022 Combining of moneys for investment.
36.29.024 Investment expenses.
36.29.025 Official seal.
36.29.040 Interest on unpaid warrants.
36.29.050 Interest to be entered on warrant register.
36.29.060 Warrant calls.
36.29.070 Penalty for failure to call.
36.29.090 Suspension of treasurer.
36.29.100 Ex officio collector of first class city taxes.
36.29.110 City taxes.
36.29.120 Ex officio collector of other city taxes.
36.29.130 Duty to collect taxes.
36.29.160 Segregation and collection of specified assessments and
charges made by public utility districts, water-sewer
districts, or the county—Fee.
36.29.170 Office at county seat.
36.29.180 Fees for handling, collecting, dispersing, and accounting for
special assessments, fees, rates, or charges.
36.29.190 Acceptance of payment by credit cards, charge cards, and
other electronic communications authorized—Costs
borne by payer—Exception.
36.29.200 Collection of sales and use taxes for zoo and aquarium advisory authority.
Deeds issued by, limitation on actions against: RCW 4.16.090.
Department of revenue to advise: RCW 84.08.020.
Deposit of public funds with: State Constitution Art. 11 § 15.
Duties relating to
assessment and charges against state lands (local purposes): Chapter
79.44 RCW.
bailiff’s salary: RCW 2.32.370.
bonds, form, sale, etc.: RCW 39.44.130.
cemetery districts: Chapter 68.52 RCW.
cities and towns
agreements with county for planning, construction, etc., of streets:
RCW 35.77.030.
annexation of unincorporated areas: Chapter 35.13 RCW.
disincorporation of: Chapter 35.07 RCW.
incorporation of: Chapter 35.02 RCW.
unfit buildings, structures, or premises, proceedings to abate: RCW
35.80.030.
community college fees: Chapter 28B.15 RCW.
county and city tuberculosis hospital: Chapter 70.30 RCW.
county law library fund: RCW 27.24.070.
county road fund
illegal use of: RCW 47.08.100.
penalty: RCW 47.08.110.
county superintendent of schools of joint county district, funds for:
Chapter 28A.310 RCW.
court reporter compensation, traveling expenses: RCW 2.32.210.
damage done by dogs: Chapter 16.08 RCW.
dances, licensing of: Chapter 67.12 RCW.
diking and drainage, intercounty districts: Chapter 85.24 RCW.
diking districts: Chapter 85.05 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
diking, drainage or sewerage improvement districts: Chapter 85.08 RCW.
federal aid to: Chapter 85.12 RCW.
[Title 36 RCW—page 55]
Chapter 36.29
Title 36 RCW: Counties
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
disinfection of horticultural premises: Chapter 15.08 RCW.
district court income: Chapter 3.62 RCW.
district courts and other inferior courts (1961 act): Chapters 3.30, 3.34,
3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW.
dogs: Chapter 16.08 RCW.
drainage districts: Chapter 85.06 RCW.
revenue act: Chapter 85.32 RCW.
fire protection district: Chapter 52.16 RCW.
local improvement districts: Chapter 52.20 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
forest insect and disease control: Chapter 76.06 RCW.
forest rehabilitation: Chapter 76.14 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
health districts: Chapter 70.46 RCW.
hospital districts: Chapter 70.44 RCW.
industrial development districts: Chapter 53.25 RCW.
intercounty rural library district: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
irrigation districts
dissolution of insolvent districts: Chapter 87.56 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
refunding bonds (1923 act): Chapter 87.19 RCW.
refunding bonds (1929 act): Chapter 87.22 RCW.
revenue bonds on domestic water or power service: Chapter 87.28
RCW.
under contract with United States: Chapter 87.68 RCW.
island counties, refund of vehicle license and fuel tax fees: RCW
46.68.080.
lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW.
lien foreclosure: Chapter 84.64 RCW.
liquor, billiard tables, bowling alleys, licensing of use, sale of: Chapter
67.14 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
local improvement districts: RCW 35.58.500.
metropolitan park district bonds: Chapter 35.61 RCW.
mobile home or park model trailer movement permits and decals: RCW
46.44.170, 46.44.173.
mosquito control districts: Chapter 17.28 RCW.
municipal courts: Chapter 35.20 RCW.
pest districts: Chapter 17.12 RCW.
port districts
acquisition of property by: Chapter 53.08 RCW.
dissolution of: Chapter 53.48 RCW.
finances of: Chapter 53.36 RCW.
local improvement districts: RCW 53.08.050.
public health pooling fund: RCW 70.12.030 through 70.12.070.
public lands, sales and lease of, treasurer to perform auditors duties in
certain counties: RCW 79.08.170.
public utility districts
local improvement assessment delinquency: Chapter 54.24 RCW.
privilege tax, distribution of: Chapter 54.28 RCW.
public waterway district: Chapter 91.08 RCW.
public works, treasurer to require statement of hourly wage paid: RCW
39.12.040.
reclamation districts of one million acres: Chapter 89.30 RCW.
recording of town plats, generally: Chapter 58.08 RCW.
reforestation: Chapter 76.12 RCW.
regional libraries: RCW 27.12.080.
registration of land titles: Chapter 65.12 RCW.
river and harbor improvement districts: Chapter 88.32 RCW.
rural county library district: Chapter 27.12 RCW.
school districts
bonds: Chapter 28A.530 RCW.
funds, investment by: RCW 28A.320.320.
organization: Chapter 28A.315 RCW.
first class, signing of warrants by: RCW 28A.330.080.
validation of indebtedness: Chapter 28A.535 RCW.
warrants of: Chapter 28A.350 RCW.
school funds: Chapter 28A.545 RCW.
stock restricted areas: Chapter 16.24 RCW.
[Title 36 RCW—page 56]
tax liens, foreclosure of when city or town L.I.D. assessments on: RCW
35.49.130 through 35.49.160.
taxes
excise tax on real estate sales: Chapter 82.45 RCW.
transportation vehicle fund: RCW 28A.160.130.
property
collection of: Chapter 84.56 RCW.
lien foreclosure: Chapter 84.64 RCW.
lien of: Chapter 84.60 RCW.
listing of: Chapter 84.40 RCW.
recovery: Chapter 84.68 RCW.
teachers’ certification fees: RCW 28A.410.060.
townsites on United States lands, acquisition of land by inhabitants:
Chapter 58.28 RCW.
traffic schools: Chapter 46.83 RCW.
trespass by animals, sale of for damages: Chapter 16.04 RCW.
water-sewer districts
generally: Title 57 RCW.
local improvement districts: Chapter 57.16 RCW.
local improvement guaranty fund: RCW 57.20.030.
maintenance fund, special funds: RCW 57.20.140.
weed districts: Chapter 17.04 RCW.
Flood control districts (1937 act), treasurer as ex officio district treasurer:
RCW 86.09.313.
Intercounty weed district, treasurer as ex officio treasurer of: RCW
17.06.060.
Irrigation districts
generally, treasurer as ex officio treasurer: RCW 87.03.440.
refunding bonds (1929 act), payable at office of: RCW 87.22.165.
Misappropriation by: RCW 42.20.090.
Public depositaries—Deposit and investment of public funds: Chapter
39.58 RCW.
Public utility districts, treasurer as ex officio treasurer of: RCW 54.24.010.
Reclamation districts of one million acres
treasurer as ex officio treasurer: RCW 89.30.310.
treasurer may act as district secretary: RCW 89.30.625.
treasurer’s liability: RCW 89.30.313.
Recording of town plats, proceedings for violations brought in name of
treasurer: RCW 58.08.035.
School districts, treasurer as ex officio treasurer of: RCW 28A.510.270.
Taxes, property, penalty for nonperformance of duty: RCW 84.09.040.
Taxes and assessments, prepayment and deposit of: RCW 36.32.120.
Unclaimed money and property in hands of public authority, disposition:
RCW 63.29.130.
Vehicle licensing handling fee to go to: RCW 46.01.140.
Violations bureau moneys remitted to: RCW 3.30.090.
Water-sewer districts, bonds, payment of interest: RCW 57.20.130.
Weed district, treasurer as ex officio treasurer of: RCW 17.04.250.
36.29.010 General duties. The county treasurer:
(1) Shall receive all money due the county and disburse
it on warrants issued and attested by the county auditor and
electronic funds transfer under RCW 39.58.750 as attested
by the county auditor;
(2) Shall issue a receipt in duplicate for all money
received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt
and the duplicate shall be retained by the treasurer;
(3) Shall affix on the face of all paid warrants the date
of redemption or, in the case of proper contract between the
treasurer and a qualified public depositary, the treasurer may
consider the date affixed by the financial institution as the
date of redemption;
(4) Shall endorse, before the date of issue by the county
or by any taxing district for whom the county treasurer acts
as treasurer, on the face of all warrants for which there are
not sufficient funds for payment, "interest bearing warrant."
(2002 Ed.)
County Treasurer
When there are funds to redeem outstanding warrants, the
county treasurer shall give notice:
(a) By publication in a legal newspaper published or
circulated in the county; or
(b) By posting at three public places in the county if
there is no such newspaper; or
(c) By notification to the financial institution holding the
warrant;
(5) Shall pay interest on all interest-bearing warrants
from the date of issue to the date of notification;
(6) Shall maintain financial records reflecting receipts
and disbursement by fund in accordance with generally
accepted accounting principles;
(7) Shall account for and pay all bonded indebtedness
for the county and all special districts for which the county
treasurer acts as treasurer;
(8) Shall invest all funds of the county or any special
district in the treasurer’s custody, not needed for immediate
expenditure, in a manner consistent with appropriate statutes.
If cash is needed to redeem warrants issued from any fund
in the custody of the treasurer, the treasurer shall liquidate
investments in an amount sufficient to cover such warrant
redemptions; and
(9) May provide certain collection services for county
departments.
The treasurer, at the expiration of the term of office,
shall make a complete settlement with the county legislative
authority, and shall deliver to the successor all public money,
books, and papers in the treasurer’s possession.
Money received by all entities for whom the county
treasurer serves as treasurer must be deposited within
twenty-four hours unless a waiver is granted by the county
treasurer in accordance with RCW 43.09.240. [2002 c 168
§ 4; 2001 c 299 § 4; 1998 c 106 § 3; 1995 c 38 § 4; 1994
c 301 § 7; 1991 c 245 § 4; 1963 c 4 § 36.29.010. Prior: (i)
1893 c 104 § 1; Code 1881 § 2740; 1863 p 553 § 3; 1854
p 427 § 3; RRS § 4109. (ii) Code 1881 § 2742; 1863 p 553
§ 5; 1854 p 427 § 5; RRS § 4110. (iii) Code 1881 § 2743;
1863 p 553 § 6; 1854 p 427 § 6; RRS § 4111. (iv) 1895 c
73 § 4; Code 1881 § 2744; 1863 p 553 § 7; 1854 p 427 § 7;
RRS § 4113. (v) Code 1881 § 2745; 1863 p 553 § 8; RRS
§ 4114. (vi) 1893 c 104 § 3; Code 1881 § 2748; 1863 p 554
§ 11; 1854 p 428 § 11; RRS § 4120. (vii) Code 1881 §
2750; 1863 p 554 § 13; 1854 p 428 § 13; RRS § 4121.
(viii) 1895 c 73 § 3; RRS § 4122.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
36.29.020 Custodian of moneys—Investment of
funds not required for immediate expenditures—Service
fee. The county treasurer shall keep all moneys belonging
to the state, or to any county, in his or her own possession
until disbursed according to law. The county treasurer shall
not place the same in the possession of any person to be
used for any purpose; nor shall he or she loan or in any
manner use or permit any person to use the same; but it shall
be lawful for a county treasurer to deposit any such moneys
in any regularly designated qualified public depositary. Any
municipal corporation may by action of its governing body
authorize any of its funds which are not required for immediate expenditure, and which are in the custody of the county
treasurer or other municipal corporation treasurer, to be
(2002 Ed.)
36.29.010
invested by such treasurer. The county treasurer may invest
in savings or time accounts in designated qualified public
depositaries or in certificates, notes, or bonds of the United
States, or other obligations of the United States or its
agencies, or of any corporation wholly owned by the
government of the United States; in bankers’ acceptances
purchased on the secondary market, in federal home loan
bank notes and bonds, federal land bank bonds and federal
national mortgage association notes, debentures and guaranteed certificates of participation, or the obligations of any
other government sponsored corporation whose obligations
are or may become eligible as collateral for advances to
member banks as determined by the board of governors of
the federal reserve system or deposit such funds or any
portion thereof in investment deposits as defined in RCW
39.58.010 secured by collateral in accordance with the
provisions of chapters 39.58 and 39.59 RCW: PROVIDED,
Five percent of the earnings, with an annual maximum of
fifty dollars, on each transaction authorized by the governing
body shall be paid as an investment service fee to the office
of the county treasurer or other municipal corporation
treasurer when the earnings become available to the governing body: PROVIDED FURTHER, That if such investment
service fee amounts to five dollars or less the county
treasurer or other municipal corporation treasurer may waive
such fee.
If in the judgment of the governing body of the municipal corporation or the county treasurer it is necessary to
redeem or to sell any of the purchased securities before their
ultimate maturity date, the governing body may, by resolution, direct the county treasurer pursuant to RCW
36.29.010(8) to cause such redemption to be had at the
redemption value of the securities or to sell the securities at
not less than market value and accrued interest.
Whenever the funds of any municipal corporation which
are not required for immediate expenditure are in the custody
or control of the county treasurer, and the governing body of
such municipal corporation has not taken any action pertaining to the investment of any such funds, the county finance
committee shall direct the county treasurer, under the
investment policy of the county finance committee, to invest,
to the maximum prudent extent, such funds or any portion
thereof in savings or time accounts in designated qualified
public depositaries or in certificates, notes, or bonds of the
United States, or other obligations of the United States or its
agencies, or of any corporation wholly owned by the
government of the United States, in bankers’ acceptances
purchased on the secondary market, in federal home loan
bank notes and bonds, federal land bank bonds and federal
national mortgage association notes, debentures and guaranteed certificates of participation, or the obligations of any
other government sponsored corporation whose obligations
are or may become eligible as collateral for advances to
member banks as determined by the board of governors of
the federal reserve system or deposit such funds or any
portion thereof in investment deposits as defined in RCW
39.58.010 secured by collateral in accordance with the
provisions of chapters 39.58 and 39.59 RCW: PROVIDED,
That the county treasurer shall have the power to select the
specific qualified financial institution in which the funds may
be invested. The interest or other earnings from such
investments or deposits shall be deposited in the current
[Title 36 RCW—page 57]
36.29.020
Title 36 RCW: Counties
expense fund of the county and may be used for general
county purposes. The investment or deposit and disposition
of the interest or other earnings therefrom authorized by this
paragraph shall not apply to such funds as may be prohibited
by the state Constitution from being so invested or deposited.
[1999 c 18 § 4; 1997 c 393 § 4; 1991 c 245 § 5; 1984 c 177
§ 7; 1982 c 73 § 1; 1980 c 56 § 1; 1979 c 57 § 1; 1973 1st
ex.s. c 140 § 1; 1969 ex.s. c 193 § 26; 1967 c 173 § 1; 1965
c 111 § 2; 1963 c 4 § 36.29.020. Prior: 1961 c 254 § 1;
1895 c 73 § 1; RRS § 4112.]
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Liability of treasurers for losses on public deposits: RCW 39.58.140.
Public depositaries: Chapter 39.58 RCW.
36.29.022 Combining of moneys for investment.
Upon the request of one or several units of local government
that invest their money with the county under the provisions
of RCW 36.29.020, the treasurer of that county may combine those units’ moneys for the purposes of investment.
[1986 c 294 § 11.]
36.29.024 Investment expenses. The county treasurer
may deduct the amounts necessary to reimburse the
treasurer’s office for the actual expenses the office incurs
and to repay any county funds appropriated and expended
for the initial administrative costs of establishing a county
investment pool provided in RCW 36.29.022. Any credits
or payments to political subdivisions shall be calculated and
made in a manner which equitably reflects the differing
amounts of the political subdivision’s respective deposits in
the county investment pool and the differing periods of time
for which the amounts were placed in the county investment
pool. [1988 c 281 § 5.]
Severability—1988 c 281: See RCW 39.59.900.
36.29.025 Official seal. The county treasurer in each
of the organized counties of the state of Washington, shall
be by his county provided with a seal of office for the
authentication of all tax deeds, papers, writing and documents required by law to be certified or authenticated by
him. Such seal shall bear the device of crosskeys and the
words: Official Seal Treasurer . . . . . . County, Washington;
and an imprint of such seal, together with the certificate of
the county treasurer that such seal has been regularly
adopted, shall be filed in the office of the county auditor of
such county. [1963 c 4 § 36.29.025. Prior: 1903 c 15 § 1;
RRS § 4125.]
36.29.040 Interest on unpaid warrants. All county,
school, city and town warrants, and taxing district warrants
when not otherwise provided for by law, shall be paid
according to their number, date and issue, and when not paid
upon presentation shall draw interest from the date of their
presentation to the proper treasurers or from the date the
warrants were originally issued, as determined by the proper
treasurer. No compound interest shall be paid directly or
indirectly on any such warrants. [1980 c 100 § 3; 1963 c 4
§ 36.29.040. Prior: 1893 c 48 § 1, part; RRS § 4116, part.]
[Title 36 RCW—page 58]
36.29.050 Interest to be entered on warrant register. When the county treasurer redeems any warrant on
which interest is due, the treasurer shall enter on the warrant
register account the amount of interest paid, distinct from the
principal. [2001 c 299 § 5; 1969 ex.s. c 48 § 1; 1963 c 4 §
36.29.050. Prior: Code 1881 § 2746; 1863 p 554 § 9; 1854
p 427 § 9; RRS § 4117.]
36.29.060 Warrant calls. Whenever the county
treasurer has funds belonging to any fund upon which
"interest-bearing" warrants are outstanding, the treasurer shall
have the discretion to call warrants. The county treasurer
shall give notice as provided for in RCW 36.29.010(4). The
treasurer shall pay on demand, in the order of their issue,
any warrants when there shall be in the treasury sufficient
funds applicable to such payment. [1991 c 245 § 6; 1985 c
469 § 44; 1980 c 100 § 4; 1963 c 4 § 36.29.060. Prior:
1895 c 152 § 1, part; RRS § 4118, part.]
36.29.070 Penalty for failure to call. Any treasurer
who knowingly fails to call for or pay any warrant in
accordance with the provisions of RCW 36.29.060 shall be
deemed guilty of a misdemeanor, and on conviction thereof,
be fined not less than twenty-five dollars nor more than five
hundred dollars, and such conviction shall be sufficient cause
for removal from office. [1963 c 4 § 36.29.070. Prior:
1895 c 152 § 2, part; RRS § 4119, part.]
36.29.090 Suspension of treasurer. Whenever an
action based upon official misconduct is commenced against
any county treasurer the county commissioners may suspend
the treasurer from office until such suit is determined, and
may appoint some person to fill the vacancy. [2001 c 299
§ 6; 1963 c 4 § 36.29.090. Prior: 1895 c 73 § 2; Code
1881 § 2749; 1863 p 554 § 12; 1854 p 428 § 12; RRS §
4124.]
36.29.100 Ex officio collector of first class city
taxes. The county treasurer of each county in which there
is a city of the first class is ex officio collector of city taxes
of such city, and before entering upon the duties of office
the treasurer shall execute in favor of the city and file with
the clerk thereof a good and sufficient bond, the penal sum
to be fixed by the city council, such bond to be approved by
the mayor of such city or other authority thereof by whom
the bond of the city treasurer is required to be approved. All
special assessments and special taxation for local improvements assessed on property benefited shall be collected by
the city treasurer. [2001 c 299 § 7; 1963 c 4 § 36.29.100.
Prior: 1895 c 160 § 1; 1893 c 71 § 4; RRS § 11321.]
36.29.110 City taxes. All city taxes and earnings on
such taxes, as provided for in RCW 36.29.020, collected
during the month shall be remitted to the city by the county
treasurer on or before the tenth day of the following month.
The county treasurer shall submit a statement of taxes collected with such remittance. To facilitate the investment of
collected taxes, the treasurer may invest as provided for in
RCW 36.29.020 without the necessity of the cities specifically requesting combining funds for the purposes of invest(2002 Ed.)
County Treasurer
ment. [1991 c 245 § 7; 1963 c 4 § 36.29.110. Prior: 1905
c 157 § 1; 1895 c 160 § 2; 1893 c 71 § 5; RRS § 11322.]
36.29.120 Ex officio collector of other city taxes.
For the purpose of collection of all taxes levied for cities and
towns of other than the first class, the county treasurer of the
county wherein such city or town is situated shall be ex
officio tax collector. [1963 c 4 § 36.29.120. Prior: 1893 c
72 § 3; RRS § 11330.]
36.29.130 Duty to collect taxes. The county treasurer, upon receipt of the tax roll, shall proceed to collect and
receipt for the municipal taxes extended thereon at the same
time and in the same manner as he proceeds in the collection
of other taxes on such roll. [1963 c 4 § 36.29.130. Prior:
1893 c 72 § 7; RRS § 11334.]
36.29.160 Segregation and collection of specified
assessments and charges made by public utility districts,
water-sewer districts, or the county—Fee. The county
treasurer shall make segregation, collect, and receive from
any owner or owners of any subdivision or portion of any
lot, tract or parcel of land upon which assessments or
charges have been made or may be made by public utility
districts, water-sewer districts, or the county, under the terms
of Title 54 RCW, Title 57 RCW, or chapter 36.88, 36.89, or
36.94 RCW, such portion of the assessments or charges
levied or to be levied against such lot, tract or parcel of land
in payment of such assessment or charges as the board of
commissioners of the public utility district, the water-sewer
district commissioners or the board of county commissioners,
respectively, shall certify to be chargeable to such subdivision, which certificate shall state that such property as
segregated is sufficient security for the assessment or
charges. Upon making collection upon any such subdivision
the county treasurer shall note such payment upon the
records of the office of the treasurer and give receipt therefor. When a segregation is required, a certified copy of the
resolution shall be delivered to the treasurer of the county in
which the real property is located who shall proceed to make
the segregation ordered upon being tendered a fee of three
dollars for each tract of land for which a segregation is to be
made. [2001 c 299 § 8; 1998 c 106 § 4; 1996 c 230 § 1607;
1963 c 4 § 36.29.160. Prior: 1959 c 142 § 2; 1953 c 210
§ 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
36.29.170 Office at county seat. The county treasurer
shall keep the office of the treasurer at the county seat, and
shall keep the same open for transaction of business during
business hours; and the treasurer and the treasurer’s deputy
are authorized to administer all oaths necessary in the
discharge of the duties of the office. [2001 c 299 § 9; 1963
c 4 § 36.29.170. Prior: Code 1881 § 2742; 1863 p 553 §
5; 1854 p 427 § 5; RRS § 4110.]
36.29.180 Fees for handling, collecting, dispersing,
and accounting for special assessments, fees, rates, or
charges. The county treasurer, in all instances where
required by law to handle, collect, disburse, and account for
(2002 Ed.)
36.29.110
special assessments, fees, rates, or charges within the county,
may charge and collect a fee for services not to exceed four
dollars per parcel for each year in which the funds are
collected. Such charges for services shall be based upon
costs incurred by the treasurer in handling, collecting, disbursing, and accounting for the funds.
Such fees shall be a charge against the district and shall
be credited to the county current expense fund by the county
treasurer. [1991 c 245 § 8; 1963 c 4 § 36.29.180. Prior:
1961 c 270 § 1.]
36.29.190 Acceptance of payment by credit cards,
charge cards, and other electronic communications
authorized—Costs borne by payer—Exception. County
treasurers are authorized to accept credit cards, charge cards,
debit cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other
electronic communication, for any payment of any kind
including, but not limited to, taxes, fines, interest, penalties,
special assessments, fees, rates, charges, or moneys due
counties. A payer desiring to pay by a credit card, charge
card, debit card, smart card, stored value card, federal wire,
automatic clearinghouse system, or other electronic communication shall bear the cost of processing the transaction in
an amount determined by the treasurer, unless the county
legislative authority finds that it is in the best interests of the
county to not charge transaction processing costs for all
payment transactions made for a specific category of nontax
payments due the county, including, but not limited to, fines,
interest not associated with taxes, penalties not associated
with taxes, special assessments, fees, rates, and charges. The
treasurer’s cost determination shall be based upon costs
incurred by the treasurer and may not, in any event, exceed
the additional direct costs incurred by the county to accept
the specific form of payment utilized by the payer. [1997 c
393 § 19; 1996 c 153 § 3.]
Applicability—1996 c 153: See note following RCW 84.56.020.
36.29.200 Collection of sales and use taxes for zoo
and aquarium advisory authority. The county treasurer
or, in the case of a home rule county, the county official
designated by county charter and ordinance as the official
with custody over the collection of county-wide tax revenues, shall receive all money representing revenues from
taxes authorized under RCW 82.14.400, and shall disburse
such money to the authority established in RCW 36.01.190.
[1999 c 104 § 2.]
Chapter 36.32
COUNTY COMMISSIONERS
Sections
36.32.005
36.32.010
36.32.020
36.32.030
36.32.040
36.32.050
36.32.055
"County commissioners" defined.
Board of commissioners established—Quorum.
Commissioner districts.
Terms of commissioners.
Nomination by districts.
Elected by entire county.
Five-member commission—When authorized—Ballot proposition—Petition—Procedures.
36.32.0552 Five-member commission—Newly created positions—How
filled—County divided into five districts.
[Title 36 RCW—page 59]
Chapter 36.32
Title 36 RCW: Counties
36.32.0554 Five-member commission—Newly created positions—Terms
of initially elected commissioners.
36.32.0556 Five-member commissions—Four-year terms—Nominations
by districts—Elected by entire county—Quorum.
36.32.0558 Five-member commissions—Vacancies.
36.32.060 Conditions of official bond.
36.32.070 Vacancies on board.
36.32.080 Regular meetings.
36.32.090 Special meetings.
36.32.100 Chairman of board—Election, powers.
36.32.110 Clerk of board.
36.32.120 Powers of legislative authorities.
36.32.121 Community revitalization financing—Public improvements.
36.32.122 Authority to regulate massage practitioners—Limitations.
36.32.125 Adoption of certain regulations proscribed.
36.32.127 Driving while under the influence of liquor or drugs—
Minimum penalties.
36.32.130 Postponement of action.
36.32.135 Official seal.
36.32.140 Record of proceedings.
36.32.150 Transcribing mutilated records.
36.32.155 Transcribing mutilated records—Prior transcribing validated.
36.32.160 Transcribing mutilated records—Auditor to direct transcribing, certify.
36.32.170 Transcribing mutilated records—Original records to be preserved.
36.32.200 Special attorneys, employment of.
36.32.210 Inventory of county capitalized assets—County commission
inventory statement—Contents.
36.32.215 Inventory of county capitalized assets—Filing and public
inspection.
36.32.220 Inventory of county capitalized assets—Penalty.
36.32.225 Inventory of county capitalized assets—Prosecutions.
36.32.230 Inventory of county personal property—Taxpayer’s action.
36.32.235 Competitive bids—Purchasing department—Counties with a
population of one million or more—Public works procedures—Exceptions.
36.32.240 Competitive bids—Purchasing department—Counties with a
population of less than one million.
36.32.245 Competitive bids—Requirements—Advertisements—
Exceptions—Recycled materials.
36.32.250 Competitive bids—Contract procedure—Contracts under ten
thousand dollars—Small works roster process.
36.32.253 Competitive bids—Leases of personal property.
36.32.256 Competitive bids—Multiple awards for road maintenance
materials.
36.32.260 Competitive bids—Purchasing agent.
36.32.265 Competitive bids—Inapplicability to certain agreements
relating to water pollution control, solid waste handling
facilities.
36.32.270 Competitive bids—Exemptions.
36.32.280 Regulation of watercourses.
36.32.290 Regulation of watercourses—Removal of obstructions.
36.32.300 Regulation of watercourses—Trees may be removed from
river banks.
36.32.310 Compensation for extra services.
36.32.330 Appeals from board’s action.
36.32.335 Coordination of county administrative programs—
Legislative declaration.
36.32.340 Coordination of county administrative programs—Duties
incident to.
36.32.350 Coordination of county administrative programs—
Coordinating agency—Agency reimbursement.
36.32.360 Coordination of county administrative programs—
Attendance at conventions authorized.
36.32.370 Land surveys.
36.32.380 Land surveys—Record of surveys.
36.32.390 Nonmonthly employees, vacations and sick leaves.
36.32.400 Health care and group insurance.
36.32.410 Participation in Economic Opportunity Act programs.
36.32.415 Low-income housing—Loans and grants.
36.32.420 Youth agencies—Establishment authorized.
36.32.425 Juvenile curfews.
36.32.430 Parks, may designate name of.
36.32.435 Historic preservation—Authorization to acquire property,
borrow money, issue bonds, etc.
[Title 36 RCW—page 60]
36.32.440
Staff to aid in purchasing, poverty programs, parks, emergency services, budget, etc., authorized.
36.32.450 Tourist promotion.
36.32.460 Employee safety award programs.
36.32.470 Fire protection, ambulance or other emergency services
provided by municipal corporations within county—
Financial and other assistance authorized.
36.32.475 Regulation of automatic number or location identification—
Prohibited.
36.32.480 Emergency medical service districts—Creation authorized—
Composition of governing body.
36.32.490 County freeholders—Method of filling vacancies.
36.32.510 Right of way donations—Credit against required improvements.
36.32.520 Child care facilities—Review of need and demand—
Adoption of ordinances.
36.32.525 Conditional and special use permit applications by parties
licensed or certified by the department of social and
health services or the department of corrections—
Mediation prior to appeal required.
36.32.540 Settlement of Indian claims.
36.32.550 Conformance with chapter 43.97 RCW required.
36.32.560 Home rule charter counties—Residential care facilities—
Review of need and demand—Adoption of ordinances.
36.32.570 Conservation area acquisition and maintenance.
36.32.580 Home rule charter counties subject to limitations on moratoria, interim zoning controls.
36.32.590 Building construction projects—County prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of
permit.
36.32.600 Amateur radio antennas—Local regulation to conform with
federal law.
36.32.610 Library capital facility areas authorized.
36.32.620 Abandoned or derelict vessels.
Air pollution control
advisory council, commissioner as member: RCW 70.94.240.
district, commissioner as member: RCW 70.94.100.
Board of law library trustees, commissioner as member: RCW 27.24.020.
Canvassing board, commissioner as member: RCW 39.40.030.
Cemeteries and funeral facilities, acquisition and operation of: Chapter
68.52 RCW.
Certified transcripts of commissioner meetings as evidence: RCW 5.44.070.
Continuity of government act, effect as to: RCW 42.14.040, 42.14.070.
County board of equalization, commissioners as: Chapter 84.48 RCW.
County board of health, commissioners as members of: RCW 70.05.030.
County canvassing board, commissioner as member: RCW 29.62.020.
County health boards, commissioners as, duties: Chapter 70.05 RCW.
District court districting committee, commissioner as member of: RCW
3.38.010.
Duties relating to
air pollution control districts: Chapter 70.94 RCW.
assessor’s plats: RCW 58.18.010.
bailiffs of the superior court: RCW 2.32.360.
basic juvenile court act: Chapter 13.04 RCW.
billiard table, pigeon-hole table: RCW 67.14.050.
bonds of public officers: Chapter 42.08 RCW.
bowling alleys: RCW 67.14.050.
cemetery districts: Chapter 68.52 RCW.
cities and towns
advancement of classification: Chapter 35.06 RCW.
agreements on planning, establishing, construction, etc., of streets:
Chapter 35.77 RCW.
annexation of unincorporated areas: Chapter 35.13 RCW.
county aid on street construction, etc.: RCW 47.24.050.
disincorporation of: Chapter 35.07 RCW.
erection of drawbridges in: Chapter 35.74 RCW.
general indebtedness bonds, county tax levy to pay: RCW
35.37.120.
incorporation proceedings: Chapter 35.02 RCW.
L.I.D. assessments of county property: RCW 35.44.140, 35.49.070.
civil service for sheriff’s office: Chapter 41.14 RCW.
(2002 Ed.)
County Commissioners
combined city-county health department: Chapter 70.08 RCW.
county airport districts: Chapter 14.08 RCW.
county and city tuberculosis hospitals: Chapter 70.30 RCW.
county flood control: Chapter 86.12 RCW.
county road fund, illegal use of: RCW 47.08.100.
penalty: RCW 47.08.110.
county road projects if let to department of transportation where matching
funds: RCW 47.08.080.
county superintendent of schools: Chapter 28A.310 RCW.
county teachers’ institute: Chapter 28A.310 RCW.
court commissioner’s salary: RCW 2.24.030.
dancing, license to conduct: Chapter 67.12 RCW.
detention facilities for juveniles: Chapter 13.16 RCW.
devices to protect fish in lakes: RCW 90.24.050.
diking and drainage intercounty districts: Chapter 85.24 RCW.
diking districts: Chapter 85.05 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
diking, drainage and sewerage improvement districts: Chapter 85.08
RCW.
federal aid to: Chapter 85.12 RCW.
maintenance costs and levies: Chapter 85.16 RCW.
diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
diseased animals: RCW 16.36.070.
district court
clerks, assistants: Chapter 3.54 RCW.
facilities: RCW 3.58.050.
legislative authority: RCW 3.42.040.
district courts and other inferior courts, 1961 act: Chapters 3.30, 3.34,
3.38, 3.42, 3.46, 3.50, 3.54, 3.58, 3.62, 3.66, 3.70, 3.74 RCW.
drainage districts: Chapter 85.06 RCW.
reorganization of (1917 act): Chapter 85.20 RCW.
reorganization of (1933 act): Chapter 85.22 RCW.
drawbridges, municipal: RCW 35.74.020, 35.74.030.
elections
creating new precincts: RCW 29.04.040, 29.04.050.
precinct officers: Chapter 29.45 RCW.
special: RCW 29.13.010.
voting systems: Chapter 29.33 RCW.
electric franchises and rights of way: RCW 80.32.010.
eminent domain by
counties: Chapter 8.08 RCW.
county, wharves for: RCW 88.24.070.
federal property, purchase of: Chapter 39.32 RCW.
federal tax lien index: RCW 60.68.045.
ferry system tariffs and charges, review committee: RCW 47.60.310.
fire protection district commissioner vacancy: RCW 52.14.050.
fire protection districts: Chapters 52.04, 52.08, 52.12, 52.16 RCW.
flood control by counties jointly: Chapter 86.13 RCW.
flood control districts (1937 act): Chapter 86.09 RCW.
flood control zone districts: Chapter 86.15 RCW.
funding indebtedness of counties: Chapter 39.52 RCW.
game, use of state lands for game purposes: RCW 77.12.360 through
77.12.390.
health districts: Chapter 70.46 RCW.
hospital districts: Chapter 70.44 RCW.
housing authority act: Chapter 35.82 RCW.
housing projects, cooperation: Chapter 35.83 RCW.
human remains: Chapter 68.50 RCW.
industrial development districts: Chapter 53.25 RCW.
intercounty rural library districts: Chapter 27.12 RCW.
intercounty weed districts: Chapter 17.06 RCW.
internal revenue taxes, lien for: RCW 60.68.045.
irrigation and rehabilitation district rules and regulations: RCW
87.84.090.
irrigation districts
director divisions: Chapter 87.04 RCW.
dissolution of districts with bonds: Chapter 87.53 RCW.
generally: Chapter 87.03 RCW.
joint control of: Chapter 87.80 RCW.
merger with drainage, joint drainage or consolidated drainage
improvement district: RCW 87.03.720 through 87.03.745.
joint aid river and harbor improvements: RCW 88.32.230 through
88.32.235.
legal aid: Chapter 2.50 RCW.
(2002 Ed.)
Chapter 36.32
lien foreclosure: Chapter 84.64 RCW.
liquor
retail license: RCW 67.14.040.
sale or other disposition of: RCW 67.14.020.
wholesale license: RCW 67.14.050.
medical care by state, in county hospitals: Chapter 74.09 RCW.
metropolitan municipal corporations: Chapter 35.58 RCW.
mineral and petroleum leases on county lands: Chapter 78.16 RCW.
mines, abandoned mining shafts and excavations: Chapter 78.12 RCW.
mosquito control districts: Chapter 17.28 RCW.
motor vehicle maximum speed limits outside cities and towns: RCW
46.61.400 through 46.61.425.
parks, bathing beaches, public camps, acquisition and operation of:
Chapter 67.20 RCW.
pest districts: Chapter 17.12 RCW.
planning commission: Chapter 35.63 RCW.
port districts
annexation of land to: Chapter 53.04 RCW.
commissioner elections: Chapter 53.12 RCW.
consolidation of: Chapter 53.46 RCW.
formation of: Chapter 53.04 RCW.
public cemetery and morgue: RCW 68.52.010, 68.52.020.
public health pooling fund: RCW 70.12.030.
public lands
rights of way over for roads, county wharves: RCW 79.01.340.
tide and shorelands, petition for replat: RCW 79.94.100.
public utility districts: Chapters 54.08, 54.40 RCW.
privilege tax: Chapter 54.28 RCW.
public waterway districts: Chapter 91.08 RCW.
railroad grade crossings: Chapter 81.53 RCW.
reclamation districts of one million acres: Chapter 89.30 RCW.
reforestation: Chapter 76.12 RCW.
county exchange of land to block up holdings: RCW 76.12.050
through 76.12.060.
right to back and hold waters over county roads: RCW 90.28.010,
90.28.020.
river and harbor improvement districts: Chapter 88.32 RCW.
river and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
roads, closure of: Chapter 47.48 RCW.
roads and bridges, limited access facilities: Chapter 47.52 RCW.
rural county library districts: Chapter 27.12 RCW.
rural pool halls, billiard halls and bowling alleys, licensing of: Chapter
67.12 RCW.
school district organization: Chapter 28A.315 RCW.
school districts
penalties relating to: Chapter 28A.635 RCW.
second class, expenditures: Chapter 28A.330 RCW.
validation of indebtedness: Chapter 28A.535 RCW.
school funds: Chapter 28A.545 RCW.
section and corner lines, establishment of: Chapter 58.04 RCW.
special districts in counties with a population of two hundred ten thousand or more, disincorporation of: Chapter 57.90 RCW.
state highways, acquisition of county lands for: RCW 47.12.040.
stock restricted areas: Chapter 16.24 RCW.
street railways: Chapter 81.64 RCW.
superior court special sessions: RCW 2.08.140, 2.08.150.
taxes, excise tax on real estate sales: Chapter 82.45 RCW.
property
collection of: Chapter 84.56 RCW.
levy of: Chapter 84.52 RCW.
lien foreclosure: Chapter 84.64 RCW.
listing of: Chapter 84.40 RCW.
revaluation: Chapter 84.41 RCW.
temporary gates across highways: RCW 16.60.080.
temporary quarters for court: RCW 2.28.141.
towns, uncertain boundaries: RCW 35.27.040 through 35.27.060.
traffic control devices: Chapter 47.36 RCW.
traffic schools: Chapter 46.83 RCW.
underground storage of natural gas, lease of county lands for: RCW
80.40.070.
United States reclamation areas, contracts to bring county lands into:
RCW 89.12.110.
veterans, indigent, deceased, burial of: RCW 73.08.070.
veterans’ meeting places, rent by county: RCW 73.04.080.
veterans’ relief: Chapter 73.08 RCW.
[Title 36 RCW—page 61]
Chapter 36.32
Title 36 RCW: Counties
vouchers on public funds: Chapter 42.24 RCW.
water-sewer districts
annexation of property to: Chapter 57.24 RCW.
board of commissioners, vacancies: RCW 57.12.020.
consolidation of: Chapter 57.32 RCW.
generally: Title 57 RCW.
transfer of part: RCW 57.32.160.
withdrawal of territory from: Chapter 57.28 RCW.
weed district tax on county lands: RCW 17.04.180.
weed districts: Chapter 17.04 RCW.
wharves, authorizing of and prescribing rates: RCW 88.24.020.
Flood control
district (1937 act) board, commissioner to act for absent member: RCW
86.09.292.
zone districts, commissioners as ex officio supervisors: RCW 86.15.050.
Health districts: Chapter 70.46 RCW.
Metropolitan sewer advisory committee, commissioner as member: RCW
35.58.210.
Metropolitan water advisory committee, commissioner as member: RCW
35.58.230.
Property tax advisor: RCW 84.48.140.
Public assistance as county function: RCW 74.04.040.
Rangers, commissioners as ex officio: RCW 76.04.045.
Reclamation district commission, commissioner as member of: RCW
89.30.055.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
Revenue, department of, to advise commissioners: RCW 84.08.020.
Review board, commissioner as member of: RCW 35.13.171.
Solid waste collection districts: Chapter 36.58A RCW.
Traffic safety commission, member of association of county commissioners
appointed to: RCW 43.59.030.
United States townsite law, dedication of streets, etc., under commissioners
may alienate: RCW 58.28.440.
36.32.005 "County commissioners" defined. The
term "county commissioners" when used in this title or any
other provision of law shall include the governmental
authority empowered to so act under the provisions of a
charter adopted by any county of the state. [1971 ex.s. c
117 § 1.]
36.32.010 Board of commissioners established—
Quorum. There is established in each county in this state
a board of county commissioners. Except as provided in
RCW 36.32.055 and 36.32.0552, each board of county
commissioners shall consist of three qualified electors, two
of whom shall constitute a quorum to do business. [1990 c
252 § 1; 1963 c 4 § 36.32.010. Prior: Code 1881 § 2663;
1869 p 303 § 1; 1867 p 52 § 1; 1863 p 540 § 1; 1854 p 420
§ 1; RRS § 4036.]
36.32.020 Commissioner districts. The board of
county commissioners of each county shall divide their
county into three commissioner districts so that each district
shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory
comprised in any voting precincts of such districts shall
remain compact, and shall not be divided by the lines of said
districts.
However, the commissioners of any county composed
entirely of islands and with a population of less than thirty[Title 36 RCW—page 62]
five thousand may divide their county into three commissioner districts without regard to population, except that if
any single island is included in more than one district, the
districts on such island shall comprise, as nearly as possible,
equal populations.
The lines of the districts shall not be changed oftener
than once in four years and only when a full board of
commissioners is present. The districts shall be designated
as districts numbered one, two and three. [1982 c 226 § 4;
1970 ex.s. c 58 § 1; 1963 c 4 § 36.32.020. Prior: 1893 c
39 § 2; 1890 p 317 §§ 1, 2; RRS § 4037.]
Effective date—1982 c 226: See note following RCW 35.21.180.
36.32.030 Terms of commissioners. The terms of
office of county commissioners shall be four years and until
their successors are elected and qualified and assume office
in accordance with RCW 29.04.170: PROVIDED, That the
terms shall be staggered so that either one or two commissioners are elected at a general election held in an evennumbered year. [1979 ex.s. c 126 § 27; 1963 c 4 §
36.32.030. Prior: 1951 c 89 § 1. Formerly: (i) 1891 c 97
§§ 1, 2; RRS § 4038. (ii) 1891 c 67 § 3; RRS § 4039. (iii)
1891 c 89 § 4; RRS § 4040. (iv) 1891 c 67 § 5; RRS §
4041.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
36.32.040 Nomination by districts. (1) Except as
provided in subsection (2) of this section, the qualified
electors of each county commissioner district, and they only,
shall nominate from among their own number, candidates for
the office of county commissioner of such commissioner district to be voted for at the following general election. Such
candidates shall be nominated in the same manner as
candidates for other county and district offices are nominated
in all other respects.
(2) Where the commissioners of a county composed
entirely of islands with a population of less than thirty-five
thousand have chosen to divide the county into unequal-sized
commissioner districts pursuant to the exception provided in
RCW 36.32.020, the qualified electors of the entire county
shall nominate from among their own number who reside
within a commissioner district, candidates for the office of
county commissioner of such commissioner district to be
voted for at the following general election. Such candidates
shall be nominated in the same manner as candidates for
other county offices are nominated in all other respects.
[1982 c 226 § 5; 1963 c 4 § 36.32.040. Prior: 1909 c 232
§ 1; RRS § 4043.]
Effective date—1982 c 226: See note following RCW 35.21.180.
36.32.050 Elected by entire county. County commissioners shall be elected by the qualified voters of the county
and the person receiving the highest number of votes for the
office of commissioner for the district in which he resides
shall be declared duly elected from that district. [1963 c 4
§ 36.32.050. Prior: 1895 c 110 § 1; 1893 c 39 § 1; 1891 c
67 § 6; 1890 p 317 § 3; RRS § 4042.]
36.32.055 Five-member commission—When authorized—Ballot proposition—Petition—Procedures. (1) The
board of commissioners of any noncharter county with a
(2002 Ed.)
County Commissioners
population of three hundred thousand or more may cause a
ballot proposition to be submitted at a general election to the
voters of the county authorizing the board of commissioners
to be increased to five members.
(2) As an alternative procedure, a ballot proposition
shall be submitted to the voters of a noncharter county
authorizing the board of commissioners to be increased to
five members, upon petition of the county voters equal to at
least ten percent of the voters voting at the last county
general election. At least twenty percent of the signatures on
the petition shall come from each of the existing commissioner districts.
Any petition requesting that such an election be held
shall be submitted to the county auditor for verification of
the signatures thereon. Within no more than thirty days after
the submission of the petition, the auditor shall determine if
the petition contains the requisite number of valid signatures.
The auditor shall certify whether or not the petition has been
signed by the requisite number of county voters and forward
such petition to the board of county commissioners. If the
petition has been signed by the requisite number of county
voters, the board of county commissioners shall submit such
a proposition to the voters for their approval or rejection at
the next general election held at least sixty days after the
proposition has been certified by the auditor. [1990 c 252
§ 2.]
36.32.0552 Five-member commission—Newly
created positions—How filled—County divided into five
districts. If the ballot proposition receives majority voter
approval, the size of the board of county commissioners
shall be increased to five members as provided in this
section.
The two newly created positions shall be filled at
elections to be held in the next year. The county shall, as
provided in this section, be divided into five commissioner
districts, so that each district shall comprise as nearly as
possible one-fifth of the population of the county. No two
members of the existing board of county commissioners
may, at the time of the designation of such districts, permanently reside in one of the five districts. The division of the
county into five districts shall be accomplished as follows:
(1) The board of county commissioners shall, by the
second Monday of March of the year following the election,
adopt a resolution creating the districts;
(2) If by the second Tuesday of March of the year
following the election the board of county commissioners
has failed to create the districts, the prosecuting attorney of
the county shall petition the superior court of the county to
appoint a referee to designate the five commissioner districts.
The referee shall designate such districts by no later than
June 1st of the year following the election. The two
commissioner districts within which no existing member of
the board of county commissioners permanently resides shall
be designated as districts four and five. [1990 c 252 § 3.]
36.32.0554 Five-member commission—Newly
created positions—Terms of initially elected commissioners. The terms of the persons who are initially elected
to positions four and five under RCW 36.32.0552 shall be as
follows:
(2002 Ed.)
36.32.055
(1) If the year in which the primary and general
elections are held is an even-numbered year, the person
elected to position four shall be elected for a two-year term,
and the person elected to position five shall be elected for a
four-year term; or
(2) If the year in which the primary and general
elections are held is an odd-numbered year, the person
elected to position four shall be elected for a one-year term,
and the person elected to position five shall be elected for a
three-year term.
The length of the terms shall be calculated from the first day
of January in the year following the election. Each person
elected pursuant to subsection (1) or (2) of this section shall
take office immediately upon the issuance of a certificate of
his or her election.
Thereafter, persons elected to commissioner positions
four and five shall be elected for four-year terms and shall
take office at the same time the other members of the board
of county commissioners take office. [1990 c 252 § 4.]
36.32.0556 Five-member commissions—Four-year
terms—Nominations by districts—Elected by entire
county—Quorum. The commissioners in a five-member
board of county commissioners shall be elected to four-year
staggered terms. Each commissioner shall reside in a
separate commissioner district. Each commissioner shall be
nominated from a separate commissioner district by the
voters of that district. Each shall be elected by the voters of
the entire county. Three members of a five-member board
of commissioners shall constitute a quorum to do business.
[1990 c 252 § 5.]
36.32.0558 Five-member commissions—Vacancies.
Vacancies on a board of county commissioners consisting of
five members shall be filled as provided in RCW 36.32.070,
except that:
(1) Whenever there are three or more vacancies, the
governor shall appoint one or more commissioners until
there are a total of three commissioners;
(2) Whenever there are two vacancies, the three commissioners shall fill one of the vacancies; and
(3) Whenever there is one vacancy, the four commissioners shall fill the single vacancy. [1990 c 252 § 6.]
36.32.060 Conditions of official bond. The bond of
each county commissioner shall be payable to the county,
and it shall be conditioned that the commissioner shall well
and faithfully discharge the duties of his office, and not
approve, audit, or order paid any illegal, unwarranted, or
unjust claim against the county for personal services. [1963
c 4 § 36.32.060. Prior: 1955 c 157 § 10; prior: 1921 c 132
§ 1, part; 1893 c 75 § 7, part; RRS § 4046, part.]
36.32.070 Vacancies on board. Whenever there is a
vacancy in the board of county commissioners, except as
provided in RCW 36.32.0558, it shall be filled as follows:
(1) If there are three vacancies, the governor of the state
shall appoint two of the officers. The two commissioners
thus appointed shall then meet and select the third commissioner. If the two appointed commissioners fail to agree
upon selection of the third after the expiration of five days
[Title 36 RCW—page 63]
36.32.070
Title 36 RCW: Counties
from the day they were appointed, the governor shall appoint
the remaining commissioner.
(2) Whenever there are two vacancies in the office of
county commissioner, the governor shall appoint one
commissioner, and the two commissioners then in office
shall appoint the third commissioner. If they fail to agree
upon a selection after the expiration of five days from the
day of the governor’s appointment, the governor shall
appoint the third commissioner.
(3) Whenever there is one vacancy in the office of
county commissioner, the two remaining commissioners shall
fill the vacancy. If the two commissioners fail to agree upon
a selection after the expiration of five days from the day the
vacancy occurred, the governor shall appoint the third commissioner. [1990 c 252 § 7; 1963 c 4 § 36.32.070. Prior:
1933 c 100 § 1; RRS § 4038-1.]
36.32.080 Regular meetings. The county legislative
authority of each county shall hold regular meetings at the
county seat to transact any business required or permitted by
law. [1989 c 16 § 1; 1963 c 4 § 36.32.080. Prior: 1893 c
105 § 1; Code 1881 § 2667; 1869 p 303 § 5; 1867 p 53 § 5;
1863 p 541 § 5; 1854 p 420 § 5; RRS § 4047. Cf. 1893 c
75 § 1; RRS § 4048.]
36.32.090 Special meetings. The county legislative
authority of each county may hold special meetings to
transact the business of the county. Notice of a special
meeting shall be made as provided in RCW 42.30.080. A
special meeting may be held outside of the county seat at
any location within the county if the agenda item or items
are of unique interest or concern to the citizens of the
portion of the county in which the special meeting is to be
held. [1989 c 16 § 2; 1963 c 4 § 36.32.090. Prior: Code
1881 § 2669; 1869 p 304 § 7; 1867 p 53 § 7; 1863 p 541 §
7; 1854 p 420 § 7; RRS § 4049. Cf. 1893 c 75 § 2; RRS §
4050.]
36.32.100 Chairman of board—Election, powers.
The board of county commissioners at their first session after
the general election shall elect one of its number to preside
at its meetings. He shall sign all documents requiring the
signature of the board, and his signature as chairman of the
board shall be as legal and binding as if all members had
affixed their names. In case the chairman is absent at any
meeting of the board, all documents requiring the signature
of the board shall be signed by both members present.
[1963 c 4 § 36.32.100. Prior: Code 1881 § 2676; 1869 p
305 § 14; 1867 p 55 § 14; 1863 p 542 § 14; 1854 p 421 §
14; RRS § 4051.]
36.32.110 Clerk of board. The county auditor shall
be the clerk of the board of county commissioners unless the
board of county commissioners designates one of its employees to serve as clerk who shall attend its meetings and keep
a record of its proceedings. [1981 c 240 § 1; 1963 c 4 §
36.32.110. Prior: Code 1881 § 2668; 1869 p 304 § 6; 1867
p 53 § 6; 1863 p 541 § 6; 1854 p 420 § 6; RRS § 4052.]
36.32.120 Powers of legislative authorities. The
legislative authorities of the several counties shall:
[Title 36 RCW—page 64]
(1) Provide for the erection and repairing of court
houses, jails, and other necessary public buildings for the use
of the county;
(2) Lay out, discontinue, or alter county roads and
highways within their respective counties, and do all other
necessary acts relating thereto according to law, except
within cities and towns which have jurisdiction over the
roads within their limits;
(3) License and fix the rates of ferriage; grant grocery
and other licenses authorized by law to be by them granted
at fees set by the legislative authorities which shall not
exceed the costs of administration and operation of such
licensed activities;
(4) Fix the amount of county taxes to be assessed
according to the provisions of law, and cause the same to be
collected as prescribed by law;
(5) Allow all accounts legally chargeable against the
county not otherwise provided for, and audit the accounts of
all officers having the care, management, collection, or
disbursement of any money belonging to the county or
appropriated to its benefit;
(6) Have the care of the county property and the
management of the county funds and business and in the
name of the county prosecute and defend all actions for and
against the county, and such other powers as are or may be
conferred by law;
(7) Make and enforce, by appropriate resolutions or
ordinances, all such police and sanitary regulations as are not
in conflict with state law, and within the unincorporated area
of the county may adopt by reference Washington state
statutes and recognized codes and/or compilations printed in
book form relating to the construction of buildings, the
installation of plumbing, the installation of electric wiring,
health, or other subjects, and may adopt such codes and/or
compilations or portions thereof, together with amendments
thereto, or additions thereto: PROVIDED, That except for
Washington state statutes, there shall be filed in the county
auditor’s office one copy of such codes and compilations ten
days prior to their adoption by reference, and additional
copies may also be filed in library or city offices within the
county as deemed necessary by the county legislative
authority: PROVIDED FURTHER, That no such regulation,
code, compilation, and/or statute shall be effective unless
before its adoption, a public hearing has been held thereon
by the county legislative authority of which at least ten days’
notice has been given. Any violation of such regulations,
ordinances, codes, compilations, and/or statutes or resolutions
shall constitute a misdemeanor or a civil violation subject to
a monetary penalty: PROVIDED FURTHER, That violation
of a regulation, ordinance, code, compilation, and/or statute
relating to traffic including parking, standing, stopping, and
pedestrian offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/or
statute equivalent to those provisions of Title 46 RCW set
forth in RCW 46.63.020 remains a misdemeanor. However,
the punishment for any criminal ordinance shall be the same
as the punishment provided in state law for the same crime
and no act that is a state crime may be made a civil violation. The notice must set out a copy of the proposed
regulations or summarize the content of each proposed
regulation; or if a code is adopted by reference the notice
shall set forth the full official title and a statement describing
(2002 Ed.)
County Commissioners
the general purpose of such code. For purposes of this
subsection, a summary shall mean a brief description which
succinctly describes the main points of the proposed regulation. When the county publishes a summary, the publication
shall include a statement that the full text of the proposed
regulation will be mailed upon request. An inadvertent
mistake or omission in publishing the text or a summary of
the content of a proposed regulation shall not render the
regulation invalid if it is adopted. The notice shall also
include the day, hour, and place of hearing and must be
given by publication in the newspaper in which legal notices
of the county are printed;
(8) Have power to compound and release in whole or in
part any debt due to the county when in their opinion the
interest of their county will not be prejudiced thereby, except
in cases where they or any of them are personally interested;
(9) Have power to administer oaths or affirmations
necessary in the discharge of their duties and commit for
contempt any witness refusing to testify before them with the
same power as district judges. [1994 c 301 § 8; 1993 c 83
§ 9; 1989 c 378 § 39; 1988 c 168 § 8; 1987 c 202 § 206;
1986 c 278 § 2; 1985 c 91 § 1; 1982 c 226 § 3; 1979 ex.s.
c 136 § 35; 1975 1st ex.s. c 216 § 1; 1967 ex.s. c 59 § 1;
1963 c 4 § 36.32.120. Prior: 1961 c 27 § 2; prior: (i) 1947
c 61 § 1; 1943 c 99 § 1; Code 1881 § 2673; 1869 p 305 §
11; 1867 p 54 § 11; 1863 p 542 § 11; 1854 p 421 § 11;
Rem. Supp. 1947 § 4056. (ii) Code 1881 § 2681; 1869 p
307 § 20; 1867 p 56 § 20; 1863 p 543 § 20; 1854 p 422 §
20; RRS § 4061. (iii) Code 1881 § 2687; 1869 p 308 § 26;
1867 p 57 § 26; 1863 p 545 § 28; 1854 p 423 § 22; RRS §
4071.]
Effective date—1993 c 83: See note following RCW 35.21.163.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1986 c 278: See note following RCW 36.01.010.
Effective date—1982 c 226: See note following RCW 35.21.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
36.32.121 Community revitalization financing—
Public improvements. In addition to other authority that a
county possesses, a county may provide any public improvement as defined under RCW 39.89.020, but this
additional authority is limited to participating in the financing of the public improvements as provided under RCW
39.89.050.
This section does not limit the authority of a county to
otherwise participate in the public improvements if that
authority exists elsewhere. [2001 c 212 § 13.]
Severability—2001 c 212: See RCW 39.89.902.
36.32.122 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a county license to operate a massage business
must provide verification of his or her state massage license
as provided for in RCW 18.108.030.
(2) The county may charge a licensing or operating fee,
but the fee charged a state licensed massage practitioner
shall not exceed the licensing or operating fee imposed on
similar health care providers, such as physical therapists or
occupational therapists, operating within the same county.
(2002 Ed.)
36.32.120
(3) A state licensed massage practitioner is not subject
to additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 3.]
36.32.125 Adoption of certain regulations proscribed. Nothing in this chapter shall permit the counties to
adopt, by reference or by ordinance, regulations relating to
the subject matter contained in chapters 19.28, 43.22, 70.79,
or 70.87 RCW. [1971 ex.s. c 117 § 2.]
Adoption of provisions relating to electricians and electrical installations
by ordinance proscribed: RCW 19.28.101.
36.32.127 Driving while under the influence of
liquor or drugs—Minimum penalties. No county may
establish a penalty for an act that constitutes the crime of
driving while under the influence of intoxicating liquor or
any drug, as provided for in RCW 46.61.502, or the crime
of being in actual physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug, as
provided in RCW 46.61.504, that is less than the penalties
prescribed for those crimes in RCW 46.61.5055. [1995 c
332 § 9; 1994 c 275 § 37; 1983 c 165 § 41.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
36.32.130 Postponement of action. When only two
members are present at a meeting of the board, and a
division takes place on any question, the matter under
consideration shall be postponed to the next subsequent
meeting. [1963 c 4 § 36.32.130. Prior: Code 1881 § 2671;
1869 p 304 § 9; 1867 p 53 § 9; 1863 p 541 § 9; 1854 p 421
§ 9; RRS § 4055.]
36.32.135 Official seal. The county commissioners of
each county shall have and use a seal for the purpose of
sealing their proceedings, and copies of the same when
signed and sealed by the said county commissioners, and
attested by their clerk, shall be admitted as evidence of such
proceedings in the trial of any cause in any court in this
state; and until such seal shall be provided, the private seal
of the chairman of such board of county commissioners shall
be adopted as a seal. [1963 c 4 § 36.32.135. Prior: Code
1881 § 2672; 1854 p 421 § 10; RRS § 4069. Formerly
RCW 36.16.080.]
36.32.140 Record of proceedings. The board of
county commissioners shall cause to be recorded, in a book
kept for that purpose, all their proceedings and determinations touching all matters properly cognizable before it;
and all books, accounts, vouchers, and papers, touching the
business or property of the county shall be carefully kept by
the clerk, and be open to public inspection. [1963 c 4 §
36.32.140. Prior: Code 1881 § 2675; 1869 p 305 § 13;
1867 p 54 § 13; 1863 p 542 § 13; 1854 p 421 § 13; RRS §
4072.]
[Title 36 RCW—page 65]
36.32.150
Title 36 RCW: Counties
36.32.150 Transcribing mutilated records. The
county commissioners shall, when any of the county records
become so mutilated that their handling becomes dangerous
to the safety of such records, and when in the judgment of
the county commissioners it may become necessary to, order
the transcribing of said records at a sum not exceeding eight
cents per folio of one hundred words, in books to be
provided for that purpose by the county. [1963 c 4 §
36.32.150. Prior: 1893 c 14 § 1; RRS § 4065.]
36.32.155 Transcribing mutilated records—Prior
transcribing validated. All records transcribed by order of
any board of county commissioners in this state prior to the
effective date of chapter 14, Laws of 1893, shall be and are
hereby declared the legal records of said county the same as
if transcribed under the provisions of RCW 36.32.150
through 36.32.170. [1963 c 4 § 36.32.155. Prior: 1893 c
14 § 4; RRS § 4068.]
36.32.160 Transcribing mutilated records—Auditor
to direct transcribing, certify. The books containing the
transcribed records shall be certified by the county auditor,
under whose direction the transcribing was done, as being
true copies of the original. [1963 c 4 § 36.32.160. Prior:
1893 c 14 § 2; RRS § 4066.]
36.32.170 Transcribing mutilated records—Original
records to be preserved. All the original record books,
after the transcribing thereof, shall be filed away in the
auditor’s office and only be used in case of contest on the
correctness of the transcribed records. [1963 c 4 §
36.32.170. Prior: 1893 c 14 § 3; RRS § 4067.]
36.32.200 Special attorneys, employment of. It shall
be unlawful for a county legislative authority to employ or
contract with any attorney or counsel to perform any duty
which any prosecuting attorney is authorized or required by
law to perform, unless the contract of employment of such
attorney or counsel has been first reduced to writing and
approved by the presiding superior court judge of the county
in writing endorsed thereon. This section shall not prohibit
the appointment of deputy prosecuting attorneys in the
manner provided by law.
Any contract written pursuant to this section shall be
limited to two years in duration. [1983 c 129 § 1; 1963 c 4
§ 36.32.200. Prior: 1905 c 25 § 1; RRS § 4075.]
36.32.210 Inventory of county capitalized assets—
County commission inventory statement—Contents. Each
board of county commissioners of the several counties of the
state of Washington shall, on the first Monday of March of
each year, file with the auditor of the county a statement
verified by oath showing for the twelve months period
ending December 31st of the preceding year, the following:
(1) A full and complete inventory of all capitalized
assets shall be kept in accordance with standards established
by the state auditor. This inventory shall be segregated to
show the following subheads:
(a) The assets, including equipment, on hand, together
with a statement of the date when acquired, the amount paid
[Title 36 RCW—page 66]
therefor, the estimated life thereof and a sufficient description to fully identify such property;
(b) All equipment of every kind or nature sold or
disposed of in any manner during such preceding twelve
months period, together with the name of the purchaser, the
amount paid therefor, whether or not the same was sold at
public or private sale, the reason for such disposal and a
sufficient description to fully identify the same;
(c) All the equipment purchased during said period,
together with the date of purchase, the amount paid therefor,
whether or not the same was bought under competitive
bidding, the price paid therefor and the probable life thereof,
the reason for making the purchase and a sufficient description to fully identify such property;
(2) The person to whom such money or any part thereof
was paid and why so paid and the date of such payment.
[1997 c 245 § 3; 1995 c 194 § 5; 1969 ex.s. c 182 § 2; 1963
c 108 § 1; 1963 c 4 § 36.32.210. Prior: 1931 c 95 § 1;
RRS § 4056-1. FORMER PARTS OF SECTION: (i) 1931
c 95 § 2; RRS § 4056-2, now codified as RCW 36.32.213.
(ii) 1931 c 95 § 3; RRS § 4056-3, now codified as RCW
36.32.215.]
State building code: Chapter 19.27 RCW.
36.32.215 Inventory of county capitalized assets—
Filing and public inspection. Inventories shall be filed
with the county auditor as a public record and shall be open
to the inspection of the public. [1995 c 194 § 6; 1963 c 4
§ 36.32.215. Prior: 1931 c 95 § 3; RRS § 4056-3. Formerly RCW 36.32.210, part.]
36.32.220 Inventory of county capitalized assets—
Penalty. Any county commissioner failing to file such
statement or wilfully making any false or incorrect statement
therein or aiding or abetting in the making of any false or
incorrect statement shall be guilty of a gross misdemeanor.
[1963 c 4 § 36.32.220. Prior: 1931 c 95 § 4; RRS § 40564.]
36.32.225 Inventory of county capitalized assets—
Prosecutions. It is the duty of the prosecuting attorney of
each county to within three days from the calling to his
attention of any violation to institute proceedings against
such offending official and in addition thereto to prosecute
appropriate action to remove such commissioner from office.
[1963 c 4 § 36.32.225. Prior: 1931 c 95 § 5; RRS § 40565. Formerly RCW 36.32.230, part.]
36.32.230 Inventory of county personal property—
Taxpayer’s action. Any taxpayer of such county is hereby
authorized to institute said action in conjunction with or
independent of the action of the prosecuting attorney. [1963
c 4 § 36.32.230. Prior: 1931 c 95 § 6; RRS § 4056-6.
FORMER PART OF SECTION: 1931 c 95 § 5; RRS §
4057-5, now codified as RCW 36.32.225.]
36.32.235 Competitive bids—Purchasing department—Counties with a population of one million or
more—Public works procedures—Exceptions. (1) In each
county with a population of one million or more which by
(2002 Ed.)
County Commissioners
resolution establishes a county purchasing department, the
purchasing department shall enter into leases of personal
property on a competitive basis and purchase all supplies,
materials, and equipment on a competitive basis, for all
departments of the county, as provided in this chapter and
chapter 39.04 RCW, except that the county purchasing
department is not required to make purchases that are paid
from the county road fund or equipment rental and revolving
fund.
(2) As used in this section, "public works" has the same
definition as in RCW 39.04.010.
(3) Except as otherwise specified in this chapter or in
chapter 36.77 RCW, all counties subject to these provisions
shall contract on a competitive basis for all public works
after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and
shall be filed with the clerk of the county legislative authority for public inspection.
(4) An advertisement shall be published in the county
official newspaper stating the time and place where bids will
be opened, the time after which bids will not be received,
the character of the work to be done, the materials and
equipment to be furnished, and that specifications therefor
may be seen at the office of the clerk of the county legislative authority. An advertisement shall also be published in
a legal newspaper of general circulation in or as near as
possible to that part of the county in which such work is to
be done. If the county official newspaper is a newspaper of
general circulation covering at least forty percent of the
residences in that part of the county in which such public
works are to be done, then the publication of an advertisement of the applicable specifications in the county official
newspaper is sufficient. Such advertisements shall be
published at least once at least thirteen days prior to the last
date upon which bids will be received.
(5) The bids shall be in writing, shall be filed with the
clerk, shall be opened and read in public at the time and
place named therefor in the advertisements, and after being
opened, shall be filed for public inspection. No bid may be
considered for public work unless it is accompanied by a bid
deposit in the form of a surety bond, postal money order,
cash, cashier’s check, or certified check in an amount equal
to five percent of the amount of the bid proposed.
(6) The contract for the public work shall be awarded to
the lowest responsible bidder. Any or all bids may be
rejected for good cause. The county legislative authority
shall require from the successful bidder for such public work
a contractor’s bond in the amount and with the conditions
imposed by law.
(7) If the bidder to whom the contract is awarded fails
to enter into the contract and furnish the contractor’s bond
as required within ten days after notice of the award,
exclusive of the day of notice, the amount of the bid deposit
shall be forfeited to the county and the contract awarded to
the next lowest and best bidder. The bid deposit of all
unsuccessful bidders shall be returned after the contract is
awarded and the required contractor’s bond given by the
successful bidder is accepted by the county legislative
authority. Immediately after the award is made, the bid
quotations obtained shall be recorded and open to public
inspection and shall be available by telephone inquiry.
(2002 Ed.)
36.32.235
(8) As limited by subsection (10) of this section, a
county subject to these provisions may have public works
performed by county employees in any annual or biennial
budget period equal to a dollar value not exceeding ten
percent of the public works construction budget, including
any amount in a supplemental public works construction
budget, over the budget period.
Whenever a county subject to these provisions has had
public works performed in any budget period up to the
maximum permitted amount for that budget period, all
remaining public works except emergency work under
subsection (12) of this section within that budget period shall
be done by contract pursuant to public notice and call for
competitive bids as specified in subsection (3) of this
section. The state auditor shall report to the state treasurer
any county subject to these provisions that exceeds this
amount and the extent to which the county has or has not
reduced the amount of public works it has performed by
public employees in subsequent years.
(9) If a county subject to these provisions has public
works performed by public employees in any budget period
that are in excess of this ten percent limitation, the amount
in excess of the permitted amount shall be reduced from the
otherwise permitted amount of public works that may be performed by public employees for that county in its next
budget period. Ten percent of the motor vehicle fuel tax
distributions to that county shall be withheld if two years
after the year in which the excess amount of work occurred,
the county has failed to so reduce the amount of public
works that it has performed by public employees. The
amount withheld shall be distributed to the county when it
has demonstrated in its reports to the state auditor that the
amount of public works it has performed by public employees has been reduced as required.
(10) In addition to the percentage limitation provided in
subsection (8) of this section, counties subject to these provisions containing a population of one million or more shall
not have public employees perform a public works project in
excess of seventy thousand dollars if more than a single craft
or trade is involved with the public works project, or a
public works project in excess of twenty-five thousand
dollars if only a single craft or trade is involved with the
public works project. A public works project means a
complete project. The restrictions in this subsection do not
permit the division of the project into units of work or
classes of work to avoid the restriction on work that may be
performed by public employees on a single project.
The cost of a separate public works project shall be the
costs of materials, supplies, equipment, and labor on the
construction of that project. The value of the public works
budget shall be the value of all the separate public works
projects within the budget.
(11) In addition to the accounting and recordkeeping
requirements contained in chapter 39.04 RCW, any county
which uses public employees to perform public works
projects under RCW 36.32.240(1) shall prepare a year-end
report to be submitted to the state auditor indicating the total
dollar amount of the county’s public works construction
budget and the total dollar amount for public works projects
performed by public employees for that year.
[Title 36 RCW—page 67]
36.32.235
Title 36 RCW: Counties
The year-end report submitted pursuant to this subsection to the state auditor shall be in accordance with the
standard form required by RCW 43.09.205.
(12) Notwithstanding any other provision in this section,
counties may use public employees without any limitation
for emergency work performed under an emergency declared
pursuant to RCW 36.32.270, and any such emergency work
shall not be subject to the limitations of this section.
Publication of the description and estimate of costs relating
to correcting the emergency may be made within seven days
after the commencement of the work. Within two weeks of
the finding that such an emergency existed, the county
legislative authority shall adopt a resolution certifying the
damage to public facilities and costs incurred or anticipated
relating to correcting the emergency. Additionally this
section shall not apply to architectural and engineering or
other technical or professional services performed by public
employees in connection with a public works project.
(13) In lieu of the procedures of subsections (3) through
(11) of this section, a county may let contracts using the
small works roster process provided in RCW 39.04.155.
Whenever possible, the county shall invite at least one
proposal from a minority or woman contractor who shall
otherwise qualify under this section.
(14) The allocation of public works projects to be
performed by county employees shall not be subject to a
collective bargaining agreement.
(15) This section does not apply to performance-based
contracts, as defined in *RCW 39.35A.020(3), that are
negotiated under chapter 39.35A RCW.
(16) Nothing in this section prohibits any county from
allowing for preferential purchase of products made from
recycled materials or products that may be recycled or
reused.
(17) This section does not apply to contracts between
the public stadium authority and a team affiliate under RCW
36.102.060(4), or development agreements between the
public stadium authority and a team affiliate under RCW
36.102.060(7) or leases entered into under RCW
36.102.060(8). [2000 c 138 § 206; 1997 c 220 § 401
(Referendum Bill No. 48, approved June 17, 1997); 1996 c
219 § 2.]
*Reviser’s note: RCW 39.35A.020 was amended by 2001 c 214 §
18, changing subsection (3) to subsection (4).
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
36.32.240 Competitive bids—Purchasing department—Counties with a population of less than one million. (1) In any county the county legislative authority may
by resolution establish a county purchasing department.
(2) In each county with a population of less than one
million which exercises this option, the purchasing department shall contract on a competitive basis for all public
works, enter into leases of personal property on a competitive basis, and purchase all supplies, materials, and equip[Title 36 RCW—page 68]
ment, on a competitive basis, for all departments of the
county, as provided in this chapter and chapter 39.04 RCW,
except that the county purchasing department is not required
to make purchases for the county hospital, or make purchases that are paid from the county road fund or equipment
rental and revolving fund. [1996 c 219 § 1; 1993 c 198 § 5;
1991 c 363 § 57; 1985 c 169 § 8; 1983 c 3 § 77; 1974 ex.s.
c 52 § 1; 1967 ex.s. c 144 § 15; 1963 c 4 § 36.32.240.
Prior: 1961 c 169 § 1; 1949 c 33 § 1; 1945 c 61 § 1; Rem.
Supp. 1949 § 10322-15.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
36.32.245 Competitive bids—Requirements—
Advertisements—Exceptions—Recycled materials. (1) No
contract for the purchase of materials, equipment, or supplies
may be entered into by the county legislative authority or by
any elected or appointed officer of the county until after bids
have been submitted to the county. Bid specifications shall
be in writing and shall be filed with the clerk of the county
legislative authority for public inspection. An advertisement
shall be published in the official newspaper of the county
stating the time and place where bids will be opened, the
time after which bids will not be received, the materials,
equipment, supplies, or services to be purchased, and that the
specifications may be seen at the office of the clerk of the
county legislative authority. The advertisement shall be
published at least once at least thirteen days prior to the last
date upon which bids will be received.
(2) The bids shall be in writing and filed with the clerk.
The bids shall be opened and read in public at the time and
place named in the advertisement. Contracts requiring
competitive bidding under this section may be awarded only
to the lowest responsible bidder. Immediately after the
award is made, the bid quotations shall be recorded and open
to public inspection and shall be available by telephone
inquiry. Any or all bids may be rejected for good cause.
(3) For advertisement and formal sealed bidding to be
dispensed with as to purchases between two thousand five
hundred and twenty-five thousand dollars, the county
legislative authority must use the uniform process to award
contracts as provided in RCW 39.04.190. Advertisement and
formal sealed bidding may be dispensed with as to purchases
of less than two thousand five hundred dollars upon the
order of the county legislative authority.
(4) This section does not apply to performance-based
contracts, as defined in *RCW 39.35A.020(3), that are
negotiated under chapter 39.35A RCW; or contracts and
purchases for the printing of election ballots, voting machine
labels, and all other election material containing the names
of candidates and ballot titles.
(5) Nothing in this section shall prohibit the legislative
authority of any county from allowing for preferential
purchase of products made from recycled materials or
products that may be recycled or reused.
(6) This section does not apply to contracting for public
defender services by a county. [1993 c 233 § 1; 1993 c 198
§ 7; 1991 c 363 § 62.]
Reviser’s note: *(1) RCW 39.35A.020 was amended by 2001 c 214
§ 18, changing subsection (3) to subsection (4).
(2002 Ed.)
County Commissioners
(2) This section was amended by 1993 c 198 § 7 and by 1993 c 233
§ 1, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.250 Competitive bids—Contract procedure—
Contracts under ten thousand dollars—Small works
roster process. No contract for public works may be
entered into by the county legislative authority or by any
elected or appointed officer of the county until after bids
have been submitted to the county upon specifications
therefor. Such specifications shall be in writing and shall be
filed with the clerk of the county legislative authority for
public inspection. An advertisement shall be published in
the county official newspaper stating the time and place
where bids will be opened, the time after which bids will not
be received, the character of the work to be done, the
materials and equipment to be furnished, and that specifications therefor may be seen at the office of the clerk of the
county legislative authority. An advertisement shall also be
published in a legal newspaper of general circulation in or as
near as possible to that part of the county in which such
work is to be done. If the county official newspaper is a
newspaper of general circulation covering at least forty
percent of the residences in that part of the county in which
such public works are to be done, then the publication of an
advertisement of the applicable specifications in the county
official newspaper shall be sufficient. Such advertisements
shall be published at least once at least thirteen days prior to
the last date upon which bids will be received. The bids
shall be in writing, shall be filed with the clerk, shall be
opened and read in public at the time and place named
therefor in the advertisements, and after being opened, shall
be filed for public inspection. No bid may be considered for
public work unless it is accompanied by a bid deposit in the
form of a surety bond, postal money order, cash, cashier’s
check, or certified check in an amount equal to five percent
of the amount of the bid proposed. The contract for the
public work shall be awarded to the lowest responsible
bidder. Any or all bids may be rejected for good cause.
The county legislative authority shall require from the
successful bidder for such public work a contractor’s bond
in the amount and with the conditions imposed by law. If
the bidder to whom the contract is awarded fails to enter into
the contract and furnish the contractor’s bond as required
within ten days after notice of the award, exclusive of the
day of notice, the amount of the bid deposit shall be forfeited to the county and the contract awarded to the next lowest
and best bidder. A low bidder who claims error and fails to
enter into a contract is prohibited from bidding on the same
project if a second or subsequent call for bids is made for
the project. The bid deposit of all unsuccessful bidders shall
be returned after the contract is awarded and the required
contractor’s bond given by the successful bidder is accepted
by the county legislative authority. In the letting of any
contract for public works involving less than ten thousand
dollars, advertisement and competitive bidding may be
dispensed with on order of the county legislative authority.
Immediately after the award is made, the bid quotations
(2002 Ed.)
36.32.245
obtained shall be recorded and open to public inspection and
shall be available by telephone inquiry.
As an alternative to requirements under this section, a
county may let contracts using the small works roster
process under RCW 39.04.155.
This section does not apply to performance-based
contracts, as defined in *RCW 39.35A.020(3), that are
negotiated under chapter 39.35A RCW. [2000 c 138 § 207;
1996 c 18 § 3; 1993 c 198 § 8; 1991 c 363 § 58. Prior:
1989 c 431 § 57; 1989 c 244 § 6; prior: 1985 c 369 § 1;
1985 c 169 § 9; 1977 ex.s. c 267 § 1; 1975 1st ex.s. c 230
§ 1; 1967 ex.s. c 144 § 16; 1967 c 97 § 1; 1965 c 113 § 1;
1963 c 4 § 36.32.250; prior: 1945 c 61 § 2; Rem. Supp.
1945 § 10322-16.]
*Reviser’s note: RCW 39.35A.020 was amended by 2001 c 214 §
18, changing subsection (3) to subsection (4).
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 431: See RCW 70.95.901.
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
36.32.253 Competitive bids—Leases of personal
property. No lease of personal property may be entered
into by the county legislative authority or by any elected or
appointed officer of the county except upon use of the
procedures specified in this chapter and chapter 39.04 RCW
for awarding contracts for purchases when it leases personal
property from the lowest responsible bidder. [1993 c 198 §
6; 1991 c 363 § 63.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.256 Competitive bids—Multiple awards for
road maintenance materials. A county when calling for
competitive bids for the procurement of road maintenance
materials may award to multiple bidders for the same
commodity when the bid specifications provide for the
factors of haul distance to be included in the determination
of which vendor is truly the lowest price to the county. The
county may readvertise for additional bidders and vendors if
it deems it necessary in the public interest. [1991 c 363 §
61.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.32.260 Competitive bids—Purchasing agent. In
any county having a purchasing department the board of
county commissioners shall appoint a county purchasing
agent, who shall be the head of such purchasing department.
The county purchasing agent shall have had previous
purchasing experience as purchasing agent of a commercial,
industrial, institutional, or governmental plant or agency, and
shall be placed under such bond as the board may require.
The board may establish a central storeroom or storerooms
in charge of the county purchasing agent in which supplies
and equipment may be stored and issued upon proper requisition by department heads. The purchasing agent shall be
responsible for maintaining perpetual inventories of supplies
[Title 36 RCW—page 69]
36.32.260
Title 36 RCW: Counties
and equipment and shall at least yearly, or oftener when so
required by the board, report to the county commissioners a
balancing of the inventory record with the actual amount of
supplies or equipment on hand. [1963 c 4 § 36.32.260.
Prior: 1961 c 169 § 2; 1945 c 61 § 3; Rem. Supp. 1945 §
10322-17.]
36.32.265 Competitive bids—Inapplicability to
certain agreements relating to water pollution control,
solid waste handling facilities. RCW 36.32.240, 36.32.250,
and 36.32.260 do not apply to the selection of persons or
entities to construct or develop water pollution control
facilities or to provide water pollution control services under
RCW 70.150.040 or the selection of persons or entities to
construct or develop solid waste handling facilities or to
provide solid waste handling services under RCW 36.58.090.
[1989 c 399 § 8; 1987 c 436 § 9.]
36.32.270 Competitive bids—Exemptions. The
county legislative authority may waive the competitive
bidding requirements of this chapter pursuant to RCW
39.04.280 if an exemption contained within that section
applies to the purchase or public work. [1998 c 278 § 4;
1963 c 4 § 36.32.270. Prior: 1961 c 169 § 3; 1945 c 61 §
4; Rem. Supp. 1945 § 10322-18.]
36.32.280 Regulation of watercourses. The state in
the exercise of its sovereign and police power authorizes any
county alone or acting jointly with any other county to
regulate and control the flow of waters, both navigable and
nonnavigable, within such county or counties, for the
purpose of preventing floods which may threaten or cause
damage, public or private. [1963 c 4 § 36.32.280. Prior:
1921 c 30 § 1; RRS § 4057-1.]
36.32.290 Regulation of watercourses—Removal of
obstructions. When the board of county commissioners of
any county deems it essential to the public interest for flood
prevention purposes it may remove drifts, jams, logs, debris,
gravel, earth, stone or bars forming obstructions to the
stream, or other material from the beds, channels, and banks
of watercourses in any manner deemed expedient, including
the deposit thereof on bars not forming obstructions to the
stream, or on subsidiary or high water channels of such
watercourses. [1963 c 4 § 36.32.290. Prior: 1921 c 30 §
2; RRS § 4057-2.]
36.32.300 Regulation of watercourses—Trees may
be removed from river banks. When any forest trees are
situated upon the bank of any watercourse or so close thereto
as to be in danger of falling into it, the owner or occupant
of any of the premises shall be notified to remove them
forthwith. The notice shall be based upon a resolution or
order of the county commissioners and may be given by
mail to the last known address of the owner or occupant. If
the trees are not removed within ten days after the date of
the notice, the county may thereupon fell them. [1963 c 4
§ 36.32.300. Prior: 1921 c 30 § 3; RRS § 4057-3.]
[Title 36 RCW—page 70]
36.32.310 Compensation for extra services. Whenever a member of the board of county commissioners of any
county has a claim for compensation for per diem and expenses for attendance upon any special session of the board
or a claim for compensation for extra services or expenses
incurred as such commissioners, including services performed as road commissioner, the claim shall be verified by
him and after being approved by a majority of the board of
county commissioners of the county shall be filed with the
clerk of the superior court and be approved by a judge of the
superior court of such county or any superior court judge
holding court in such county. The judge may make such
investigation as he deems necessary to determine the
correctness of the claim and may, after such investigation,
approve or reject any part of such claim. If the judge so
approve the claim or any part thereof the same shall be
certified by the clerk under the seal of his office and be
returned to the county auditor who shall draw a warrant
therefor. The court shall not be required oftener than once
in each month to pass upon such claims and it may fix a
time in each month by general order filed with the clerk of
the board of county commissioners on or before which such
claims must be filed with the clerk of the court. [1963 c 4
§ 36.32.310. Prior: 1921 c 100 § 1; 1911 c 66 § 1; RRS §
4053.]
36.32.330 Appeals from board’s action. Any person
may appeal to the superior court from any decision or order
of the board of county commissioners. Such appeal shall be
taken within twenty days after the decision or order, and the
appellant shall within that time serve notice of appeal on the
county commissioners. The notice shall be in writing and
shall be delivered to at least one of the county commissioners personally, or left with the county auditor. The appellant
shall, within ten days after service of the notice of appeal
give a bond to the county with one or more sureties, to be
approved by the county auditor, conditioned for the payment
of all costs which shall be adjudged against him on such
appeal in the superior court. The practice regulating appeals
from and writs of certiorari to justice’s courts shall, insofar
as applicable, govern in matters of appeal from a decision or
order of the board of county commissioners.
Nothing herein contained shall be construed to prevent
a party having a claim against any county in this state from
enforcing the collection thereof by civil action in any court
of competent jurisdiction after the same has been presented
to and filed as provided by law and disallowed in whole or
in part by the board of county commissioners of the proper
county. Such action must, however, be commenced within
the time limitation provided in *RCW 36.45.030. [1963 c 4
§ 36.32.330. Prior: 1957 c 224 § 5; 1893 c 121 § 1; Code
1881 § 2695; 1869 p 308 § 29; 1867 p 57 § 29; 1863 p 545
§ 30; 1854 p 423 § 24; RRS § 4076. Cf. 1879 p 143 §§ 1,
2.]
*Reviser’s note: RCW 36.45.030 was repealed by 1993 c 449 § 13.
36.32.335 Coordination of county administrative
programs—Legislative declaration. The public necessity
for the coordination of county administrative programs,
especially in the fields of highways and social security, be
(2002 Ed.)
County Commissioners
and is hereby recognized. [1963 c 4 § 36.32.335. Prior:
1939 c 188 § 1; RRS § 4077-2.]
36.32.340 Coordination of county administrative
programs—Duties incident to. The county commissioners
shall take such action as is necessary to effect coordination
of their administrative programs and prepare reports annually
on the operations of all departments under their jurisdiction.
[1998 c 245 § 27; 1963 c 4 § 36.32.340. Prior: 1939 c 188
§ 2; RRS § 4077-3.]
36.32.350 Coordination of county administrative
programs—Coordinating agency—Agency reimbursement. County legislative authorities may designate the
Washington state association of counties as a coordinating
agency in the execution of duties imposed by RCW
36.32.335 through 36.32.360 and reimburse the association
from county current expense funds in the county legislative
authority’s budget for the costs of any such services rendered. Such reimbursement shall be paid on vouchers
submitted to the county auditor and approved by the county
legislative authority in the manner provided for the disbursement of other current expense funds and the vouchers shall
set forth the nature of the service rendered, supported by
affidavit that the service has actually been performed. [1991
c 363 § 59; 1973 1st ex.s. c 195 § 30; 1971 ex.s. c 85 § 3;
1970 ex.s. c 47 § 1; 1963 c 4 § 36.32.350. Prior: 1947 c
49 § 1; 1939 c 188 § 3; Rem. Supp. 1947 § 4077-4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
Merger of state association of counties with state association of county
officials: RCW 36.47.070.
Winter recreation advisory committee, representative of association of
counties as member: RCW 79A.05.255.
36.32.360 Coordination of county administrative
programs—Attendance at conventions authorized.
County commissioners are hereby authorized to take such
other and further action as may be deemed necessary to the
compliance with the intent of RCW 36.32.335 through
36.32.360, including attendance at such state or district
meetings as may be required to formulate the reports
directed in RCW 36.32.340. [1963 c 4 § 36.32.360. Prior:
1939 c 188 § 4; RRS § 4077-5.]
36.32.370 Land surveys. Except as otherwise
provided in this title, the board of county commissioners,
through a surveyor employed by it shall execute all surveys
of land that may be required by the county. The certificate
of the surveyor so employed of any survey made of lands
within the county shall be presumptive evidence of the facts
therein contained. [1963 c 4 § 36.32.370. Prior: (i) 1895
c 77 § 3; RRS § 4144. (ii) 1895 c 77 § 4; RRS § 4145.]
36.32.380 Land surveys—Record of surveys. Except
as otherwise provided in this title, the board of county
commissioners shall cause to be recorded in a suitable book
(2002 Ed.)
36.32.335
all surveys except such as are made for a temporary purpose.
The record book shall be so constructed as to have one page
for diagrams to be numbered progressively and the opposite
page for notes and remarks; no diagram shall be so constructed as to scale less than one inch to twenty chains.
[1963 c 4 § 36.32.380. Prior: 1895 c 77 § 5; RRS § 4150.]
36.32.390 Nonmonthly employees, vacations and
sick leaves. Each employee of any county in this state who
is employed on an hourly or per diem basis, who shall have
worked fifteen hundred hours or more in any one year may
in the discretion of the board of county commissioners be
given the same vacations and sick leaves as are provided for
the employees of the county employed on a monthly basis.
[1963 c 4 § 36.32.390. Prior: 1951 c 187 § 1.]
36.32.400 Health care and group insurance. Subject
to chapter 48.62 RCW, any county by a majority vote of its
board of county commissioners may enter into contracts to
provide health care services and/or group insurance for the
benefit of its employees, and may pay all or any part of the
cost thereof. Any two or more counties, by a majority vote
of their respective boards of county commissioners may, if
deemed expedient, join in the procuring of such health care
services and/or group insurance, and the board of county
commissioners of each participating county may, by appropriate resolution, authorize their respective counties to pay
all or any portion of the cost thereof.
Nothing in this section shall impair the eligibility of any
employee of a county, municipality, or other political
subdivision under RCW 41.04.205. [1991 sp.s. c 30 § 21;
1975-’76 2nd ex.s. c 106 § 7; 1963 c 4 § 36.32.400. Prior:
1957 c 106 § 1; 1955 c 51 § 1.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
36.32.410 Participation in Economic Opportunity
Act programs. The board of county commissioners of any
county is hereby authorized and empowered in its discretion
by resolution or ordinance passed by a majority of the board,
to take whatever action it deems necessary to enable the
county to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat.
508), as amended. Such participation may be engaged in as
a sole county operation or in conjunction or cooperation with
the state, any other county, city, or municipal corporation, or
any private corporation qualified under said Economic
Opportunity Act. [1971 ex.s. c 177 § 1; 1965 c 14 § 1.]
36.32.415 Low-income housing—Loans and grants.
A county may assist in the development or preservation of
publicly or privately owned housing for persons of low
income by providing loans or grants of general county funds
to the owners or developers of the housing. The loans or
grants shall be authorized by the legislative authority of a
county. They may be made to finance all or a portion of the
cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or
family of low income. As used in this section, "low
income" means income that does not exceed eighty percent
of the median income for the standard metropolitan statistical
[Title 36 RCW—page 71]
36.32.415
Title 36 RCW: Counties
area in which the county is located. Housing constructed
with loans or grants made under this section shall not be
considered public works or improvements subject to competitive bidding or a purchase of services subject to the prohibition against advance payment for services: PROVIDED,
That whenever feasible the borrower or grantee shall make
every reasonable and practicable effort to utilize a competitive public bidding process. [1986 c 248 § 2.]
36.32.420 Youth agencies—Establishment authorized. See RCW 35.21.630.
36.32.425 Juvenile curfews. (1) The legislative
authority of any county has the authority to enact an ordinance, for the purpose of preserving the public safety or
reducing acts of violence by or against juveniles that are
occurring at such rates as to be beyond the capacity of the
police to assure public safety, establishing times and conditions under which juveniles may be present on the public
streets, in the public parks, or in any other public place
during specified hours.
(2) The ordinance shall not contain any criminal
sanctions for a violation of the ordinance. [1994 sp.s. c 7 §
504.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
36.32.430 Parks, may designate name of. The board
of county commissioners is authorized to designate the name
of any park established by the county. [1965 ex.s. c 76 § 3.]
Acquisition of property for park, recreational, viewpoint, greenbelt,
conservation, historic, scenic, or view purposes: RCW 36.34.340.
36.32.435 Historic preservation—Authorization to
acquire property, borrow money, issue bonds, etc. Any
county may acquire title to or any interest in real and
personal property for the purpose of historic preservation and
may restore, improve, maintain, manage, and lease the
property for public or private use and may enter into
contracts, borrow money, and issue bonds and other obligations for such purposes. This authorization shall not expand
the eminent domain powers of counties. [1984 c 203 § 4.]
Severability—1984 c 203: See note following RCW 35.43.140.
36.32.440 Staff to aid in purchasing, poverty
programs, parks, emergency services, budget, etc.,
authorized. The board of county commissioners of the
several counties may employ such staff as deemed appropriate to serve the several boards directly in matters including
but not limited to purchasing, poverty and relief programs,
parks and recreation, emergency services, budgetary preparations set forth in RCW 36.40.010-36.40.050, code enforcement and general administrative coordination. Such authority shall in no way infringe upon or relieve the county auditor
of responsibilities contained in RCW *36.22.010(9) and
36.22.020. [1974 ex.s. c 171 § 3; 1969 ex.s. c 252 § 3.]
*Reviser’s note: RCW 36.22.010 was amended by 1984 c 128 § 2,
changing subsection (9) to subsection (8); and was subsequently amended
by 1995 c 194 § 1, changing subsection (8) to subsection (6).
36.32.450 Tourist promotion. Any county in this
state acting through its council or other legislative body shall
have power to expend moneys and conduct promotion of
resources and facilities in the county or general area by
advertising, publicizing, or otherwise distributing information
for the purpose of attracting visitors and encouraging tourist
expansion. [1971 ex.s. c 61 § 1.]
36.32.460 Employee safety award programs. The
board of county commissioners may establish an employee
safety award program to reward and encourage the safe performance of assigned duties by county employees.
The board may establish standards and regulations
necessary or appropriate for the proper administration and
for otherwise accomplishing the purposes of such program.
The board may authorize every department head and
other officer of county government who oversees or directs
county employees to make the determination as to whether
an employee safety award will be made.
Such awards shall be made annually from the county
general fund by warrant on vouchers duly authorized by the
board according to the following schedule based upon safe
and accident-free performance:
5
10
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20
25
30
years
years
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20.00:
PROVIDED, That the board may give such department
heads and other officers overseeing and directing county
employees discretion to purchase a noncash award of equal
value in lieu of the cash award. If a noncash award is given
the warrants shall be made payable to the business enterprise
from which the noncash award is purchased.
However, safety awards made to persons whose safe
and accident-free performance has directly benefited the
county road system shall be made from the county road fund
by warrant on vouchers duly authorized by the board. [1971
c 79 § 1.]
36.32.470 Fire protection, ambulance or other
emergency services provided by municipal corporations
within county—Financial and other assistance authorized.
The legislative authority of any county shall have the power
to furnish, upon such terms as the board may deem proper,
with or without consideration, financial or other assistance to
any municipal corporation, or political subdivision within
such county for the purpose of implementing the fire protection, ambulance, medical or other emergency services
provided by such municipal corporation, or political subdivision: PROVIDED, That no such municipal corporation or
political subdivision shall be authorized to expend any funds
or property received as part of such assistance for any
purpose, or in any manner, for which it could not otherwise
legally expend its own funds. [1974 ex.s. c 51 § 1.]
Ambulance services may be provided by county: RCW 36.01.100.
36.32.475 Regulation of automatic number or
location identification—Prohibited. No county may enact
[Title 36 RCW—page 72]
(2002 Ed.)
County Commissioners
or enforce an ordinance or regulation mandating automatic
number identification or automatic location identification for
a private telecommunications system or for a provider of
private shared telecommunications services. [1995 c 243 §
8.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
36.32.480 Emergency medical service districts—
Creation authorized—Composition of governing body.
(1) A county legislative authority may adopt an ordinance
creating an emergency medical service district in all or a
portion of the unincorporated area of the county and,
pursuant to subsection (2) of this section, within the corporate limits of any city or town. The ordinance may only be
adopted after a public hearing has been held on the creation
of such a district and the county legislative authority makes
a finding that it is in the public interest to create the district.
An emergency medical service district shall be a quasimunicipal corporation and an independent taxing "authority"
within the meaning of Article 7, Section 1, Washington State
Constitution. Emergency medical service districts shall also
be "taxing authorities" within the meaning of Article 7,
Section 2, Washington State Constitution.
An emergency medical service district shall have the
authority to provide emergency medical services.
(2) When any part of a proposed emergency medical
service district includes an area within the corporate limits
of a city or town, the governing body of the city or town
shall approve the inclusion, and the county governing body
shall maintain a certified copy of the resolution of approval
before adopting an ordinance including the area.
(3) The members of the county legislative authority
shall compose the governing body of any emergency medical
service district which is created within the county: PROVIDED, That where an emergency medical service district
includes an area within the corporate limits of a city or
town, the emergency medical service district may be
governed as provided in an interlocal agreement adopted
pursuant to chapter 39.34 RCW. The voters of an emergency medical service district must be registered voters residing
within the service area. [2000 c 31 § 1; 1979 ex.s. c 200 §
2.]
Severability—1979 ex.s. c 200: See note following RCW 84.52.069.
Levy for emergency medical care and services: RCW 84.52.069.
36.32.490 County freeholders—Method of filling
vacancies. Vacancies in the position of county freeholder
shall be filled with a person qualified for the position who
is appointed by majority action of the remaining county
freeholders. [1984 c 163 § 1.]
36.32.510 Right of way donations—Credit against
required improvements. Where the zoning and planning
provisions of a county require landscaping, parking, or other
improvements as a condition to granting permits for commercial or industrial developments, the county may credit
donations of right of way in excess of that required for
traffic improvement against such landscaping, parking, or
other requirements. [1987 c 267 § 10.]
Severability—1987 c 267: See RCW 47.14.910.
(2002 Ed.)
36.32.475
Right of way donations: Chapter 47.14 RCW.
36.32.520 Child care facilities—Review of need and
demand—Adoption of ordinances. If a county operating
under home rule charter zones pursuant to its inherent
charter authority and not pursuant to chapter 35.63 RCW,
nor chapter 36.70 RCW, and that county does not provide
for the siting of family day care homes in zones or areas that
are designated for single family or other residential uses, and
for the siting of mini-day care centers and day care centers
in zones or areas that are designated for any residential or
commercial uses, the county shall conduct a review of the
need and demand for child care facilities, including the cost
of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990.
A copy of the findings, conclusions, and recommendations
resulting from the review shall be sent to the *department of
community development by September 30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 335 § 8.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 36.32.520: See RCW 35.63.170.
36.32.525 Conditional and special use permit
applications by parties licensed or certified by the
department of social and health services or the department of corrections—Mediation prior to appeal required.
A final decision by a hearing examiner involving a conditional or special use permit application under a home-rule
charter that is requested by a party that is licensed or
certified by the department of social and health services or
the department of corrections is subject to mediation under
RCW 35.63.260 before an appeal may be filed. [1998 c 119
§ 5.]
36.32.540 Settlement of Indian claims. (1) The
settlement of Indian land and other claims against public and
private property owners is declared to be in the interest of
public health and safety, orderly government, environmental
protection, economic development, and the social well-being
of the citizens of this state, and to specifically benefit the
properties released from those claims.
It is the purpose of *this act to encourage the settlement
of such Indian land and other claims lawsuits by permitting
the establishment and use of local improvement districts to
finance all or a portion of the settlement costs of such
lawsuits.
(2) A local improvement district may be established by
a county legislative authority to finance all or part of the
settlement costs in an Indian land and other claims settlement related to public and private property located within the
incorporated or unincorporated areas of the county. The
[Title 36 RCW—page 73]
36.32.540
Title 36 RCW: Counties
settlement of an Indian land and other claims lawsuit shall
be deemed to be an improvement that may be financed in
whole or in part through use of a local improvement district.
(3) Except as expressly provided in this section, all
matters relating to the establishment and operation of such
a local improvement district, the levying and collection of
special assessments, the issuance of local improvement
district bonds and other obligations, and all related matters,
shall be subject to the provisions of chapter 36.94 RCW
concerning the use of local improvement districts to finance
sewer or water facilities. The requirements of chapter 36.94
RCW concerning the preparation of a general plan and
formation of a review committee shall not apply to a local
improvement district used to finance all or a portion of
Indian land and other claims settlements. The resolution or
petition that initiates the creation of a local improvement
district used to finance all or a portion of an Indian land and
other claims settlement shall describe the general nature of
the Indian land and other claims and the proposed settlement.
The value of a contribution by any person, municipal
corporation, political subdivision, or the state of money, real
property, or personal property to the settlement of Indian
land and other claims shall be credited to any assessment for
a local improvement district under this section. [1989 1st
ex.s. c 4 § 3.]
*Reviser’s note: "This act" consists of the enactment of this section,
RCW 35.43.280, and an uncodified section.
Severability—1989 1st ex.s. c 4: See note following RCW
35.43.280.
36.32.550 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by
a county pursuant to this chapter shall be subject to and in
conformity with the requirements of chapter 43.97 RCW,
including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 8.]
36.32.560 Home rule charter counties—Residential
care facilities—Review of need and demand—Adoption
of ordinances. If a county operating under home rule charter zones pursuant to its inherent charter authority and not
pursuant to chapter 35.63 RCW, nor chapter 36.70 RCW,
and that county does not provide for the siting of residential
care facilities in zones or areas that are designated for single
family or other residential uses, the county shall conduct a
review of the need and demand for the facilities, including
the cost of any conditional or special use permit that may be
required. The review shall be completed by August 30,
1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the
*department of community development by September 30,
1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
[Title 36 RCW—page 74]
community development as to why such implementing
ordinances were not adopted. [1989 c 427 § 40.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
36.32.570 Conservation area acquisition and
maintenance. The legislative authority of each county may
acquire a fee simple interest, or lesser interest, in conservation areas in the county and may maintain the conservation
areas. The conservation areas may be acquired and maintained with moneys obtained from the excise tax under RCW
82.46.070, or any other moneys available for such purposes.
As used in this section, the term "conservation area"
means land and water that has environmental, agricultural,
aesthetic, cultural, scientific, historic, scenic, or low-intensity
recreational value for existing and future generations, and
includes, but is not limited to, open spaces, wetlands,
marshes, aquifer recharge areas, shoreline areas, natural
areas, and other lands and waters that are important to
preserve flora and fauna. [1990 1st ex.s. c 5 § 2.]
Purpose—1990 1st ex.s. c 5: "The purpose of this act is to provide
a mechanism for the acquisition and maintenance of conservation areas
through an orderly process that is approved by the voters of a county. The
authorities provided in this act are supplemental, and shall not be construed
to limit otherwise existing authorities." [1990 1st ex.s. c 5 § 1.]
36.32.580 Home rule charter counties subject to
limitations on moratoria, interim zoning controls. A
charter county that plans under the authority of its charter is
subject to the provisions of RCW 36.70.795. [1992 c 207 §
5.]
36.32.590 Building construction projects—County
prohibited from requiring state agencies or local governments to provide bond or other security as a condition
for issuance of permit. A county legislative authority may
not require any state agency or unit of local government to
secure the performance of a permit requirement with a surety
bond or other financial security device, including cash or
assigned account, as a condition of issuing a permit to that
unit of local government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access
alteration, or other amenities or alterations necessarily
associated with the project. [1993 c 439 § 3.]
36.32.600 Amateur radio antennas—Local regulation to conform with federal law. No county shall enact
or enforce an ordinance or regulation that fails to conform to
the limited preemption entitled "Amateur Radio Preemption,
101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a
county with respect to amateur radio antennas shall conform
to the limited federal preemption, that states local regulations
that involve placement, screening, or height of antennas
based on health, safety, or aesthetic considerations must be
crafted to reasonably accommodate amateur communications,
and to represent the minimal practicable regulation to
(2002 Ed.)
County Commissioners
accomplish the local authority’s legitimate purpose. [1994
c 50 § 3.]
Effective date—1994 c 50: See note following RCW 35.21.315.
36.32.610 Library capital facility areas authorized.
A county legislative authority may establish a library capital
facility area pursuant to chapter 27.15 RCW. [1995 c 368
§ 8.]
Findings—1995 c 368: See RCW 27.15.005.
36.32.620 Abandoned or derelict vessels. (Effective
January 1, 2003.) A county has the authority, subject to the
processes and limitation outlined in chapter 79.100 RCW, to
store, strip, use, auction, sell, salvage, scrap, or dispose of an
abandoned or derelict vessel found on or above publicly or
privately owned aquatic lands within the jurisdiction of the
county. [2002 c 286 § 17.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
Chapter 36.33
COUNTY FUNDS
Sections
36.33.010
36.33.020
Current expense fund.
Cumulative reserve fund—Purposes—Election to allow other
specified use.
36.33.030 Cumulative reserve fund—Accumulation of, current expense
fund limits not to affect.
36.33.040 Cumulative reserve fund—Permissible uses of funds in.
36.33.060 Salary fund—Reimbursement.
36.33.065 Claims fund—Reimbursement.
36.33.070 Investment in warrants on tax refund fund.
36.33.080 Investment in warrants on tax refund fund—Procedure upon
purchase—Interest on.
36.33.090 Investment in warrants on tax refund fund—Breaking of
warrants authorized.
36.33.100 Investment in warrants on tax refund fund—Purchased warrants as cash.
36.33.120 County lands assessment fund created—Levy for.
36.33.130 County lands assessment fund created—Purpose of fund.
36.33.140 County lands assessment fund created—Amount of levy.
36.33.150 County lands assessment fund created—Surplus from tax
sales to go into fund.
36.33.160 County lands assessment fund created—List of lands to be
furnished.
36.33.170 County lands assessment fund created—Rentals may be
applied against assessments.
36.33.190 County lands assessment fund created—Disposal of bonds.
36.33.200 Election reserve fund.
36.33.210 Election reserve fund—Accumulation of fund—Transfers.
36.33.220 County road property tax revenues, expenditure for services
authorized.
Abandoned mining shafts and excavation violations, fines for as: RCW
78.12.050.
Assessments and taxes, prepayment and deposit of: RCW 36.32.120.
Authorized for
air pollution control: Chapter 70.94 RCW.
airport purposes: Chapters 14.07, 14.08 RCW.
validation of funds spent: RCW 14.08.070.
combined city-county health department: RCW 70.08.080.
prior expenditures validated: RCW 70.08.110.
flood control zone districts: RCW 86.15.150, 86.15.160, 86.15.180.
housing cooperation law: Chapter 35.83 RCW.
legal aid: Chapter 2.50 RCW.
mosquito control: Chapter 70.22 RCW.
public utility district election costs: RCW 54.08.041.
(2002 Ed.)
36.32.600
railroad crossing signals, warning devices: RCW 81.53.271 through
81.53.281.
river and harbor improvement district joint board expenses: RCW
88.32.220.
toll bridges, tunnels, and ferries: Chapter 47.56 RCW.
traffic schools: RCW 46.83.030.
transcripts of testimony forma pauperis: RCW 2.32.240.
Billiard tables, licensing of, receipts as: RCW 67.14.120.
Bonds, notes of port district toll facility as investment for: RCW 53.34.150.
Bonds for capitol building purposes, as investment for: RCW 79.24.150
and chapter 43.83 RCW.
Bonds of federal agencies as investment for: Chapter 39.60 RCW.
Bonds of housing authority as investment for: RCW 35.82.220.
Bonds to build schools as investment for: Chapter 28A.525 RCW.
Bowling alleys, licensing of, receipts as: RCW 67.14.120.
County law library fund: RCW 27.24.070, 27.24.090.
County road fund
illegal use of, department of transportation to investigate; penalties: RCW
47.08.100, 47.08.110.
moneys from may be paid on establishing, constructing, etc., of streets:
RCW 35.77.030.
surplus, unclaimed money in public waterway district funds to go into:
RCW 91.08.610, 91.08.620.
traffic control devices to be paid from: RCW 47.36.040.
County school funds: Chapter 28A.545 RCW.
apportionment of: Chapter 28A.150 RCW.
penalties collected paid into: RCW 6.17.120.
violations and penalties applicable to: RCW 28A.635.050, 28A.635.070.
County tax refund fund: RCW 84.68.030.
Disposition of off-road vehicle moneys: RCW 46.09.110.
Distribution of snowmobile registration fees: RCW 46.10.080.
Employee safety award program, funds affected: RCW 36.32.460.
Fiscal agent for counties: Chapter 43.80 RCW.
Flood control maintenance fund: RCW 86.26.070.
Forest reserve funds, distribution of: RCW 28A.520.010 and 28A.520.020.
Game and game fish law, fines from violations as: RCW 77.12.170.
Horticultural tax receipts as: Chapter 15.08 RCW.
Indigent soldiers’ relief funds, veterans meeting place rent paid from: RCW
73.04.080.
Intercounty river improvement fund: RCW 86.13.030.
Liquor
excise tax fund moneys as: RCW 82.08.170.
law violation receipts as: RCW 66.44.010.
licensing sale of, receipts as: RCW 67.14.120.
revolving fund moneys as: Chapter 66.08 RCW.
Metropolitan municipal corporation fund: RCW 35.58.430.
Mineral and petroleum leases, moneys as: RCW 78.16.050.
Moneys paid into from
general tax levy for road fund: RCW 36.82.040.
television reception improvement districts: Chapter 36.95 RCW.
Motor vehicle fuel tax moneys as: RCW 82.36.020, 82.36.100, 82.36.420.
Motor vehicle funds allocated to counties
distribution of: RCW 46.68.120.
generally: Chapter 46.68 RCW.
Motor vehicle licensing fees for oversize or overweight movements paid to
county, when: RCW 46.44.096.
Public assistance moneys, allocation to counties: Chapter 74.04 RCW.
Public health funds (county): Chapter 70.12 RCW.
Public health pooling fund: RCW 70.12.030 through 70.12.070.
Public utility district privilege taxes as: Chapter 54.28 RCW.
Reforestation lands proceeds as: RCW 76.12.030, 76.12.120.
Registration of land titles, disposition of fees: RCW 65.12.800.
Reserve fund for labor, material or tax liens on public works: Chapter
60.28 RCW.
River improvement fund
[Title 36 RCW—page 75]
Chapter 36.33
Title 36 RCW: Counties
flood control maintenance account: RCW 86.12.010, 86.12.020.
generally: Chapter 86.12 RCW.
Sale of stock found in stock restricted area, proceeds as: RCW 16.24.070.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
Teachers’ institute fund: RCW 28A.410.060.
Tuberculosis funds, moneys to go into: RCW 70.30.045.
Witness fees of county officers as: RCW 42.16.030.
36.33.010 Current expense fund. Every county shall
maintain a current expense fund to which shall be credited
all taxes levied for that purpose and all fees collected, fines
assessed, and forfeitures adjudged in the county the proceeds
of which have not been specifically allocated to any other
purpose. [1963 c 4 § 36.33.010. Prior: 1945 c 85 § 1;
Rem. Supp. 1945 § 5634-1.]
Moneys paid from for
disinfection of horticultural premises: Chapter 15.08 RCW.
public health pooling fund: RCW 70.12.040.
weed district taxes on county lands: RCW 17.04.180.
Moneys paid into from
disinfection of horticultural premises tax: RCW 15.08.170.
horticultural tax funds: RCW 15.08.260.
motor vehicle fuel tax violation fines: RCW 82.36.420.
motor vehicle use tax collection fees: RCW 82.12.045.
registration of land titles fees: RCW 65.12.800.
unclaimed property in hands of sheriff, sale of: RCW 63.40.030.
use tax on motor vehicles, auditor’s collection fees: RCW 82.12.045.
vehicle licensing handling fees: RCW 46.01.140.
violations bureau funds: RCW 3.30.090.
36.33.020 Cumulative reserve fund—Purposes—
Election to allow other specified use. Any board of county
commissioners may establish by resolution a cumulative
reserve fund in general terms for several different county
purposes as well as for a very specific county purpose,
including that of buying any specified supplies, material or
equipment, or the construction, alteration or repair of any
public building or work, or the making of any public
improvement. The resolution shall designate the fund as
"cumulative reserve fund for . . . . . . (naming the purpose or
purposes for which the fund is to be accumulated and
expended)." The moneys in said fund may be allowed to
accumulate from year to year until the board of county
commissioners of the county shall determine to expend the
moneys in the fund for the purpose or purposes specified:
PROVIDED, That any moneys in said fund shall never be
expended for any other purpose or purposes than those
specified, without an approving vote by a majority of the
electors of the county at a general or special election to
allow other specified uses to be made of said fund. [1963
c 4 § 36.33.020. Prior: 1961 c 172 § 1; 1945 c 51 § 1;
Rem. Supp. 1945 § 5634-10.]
36.33.030 Cumulative reserve fund—Accumulation
of, current expense fund limits not to affect. An item for
said cumulative reserve fund may be included in the
county’s annual budget or estimate of amounts required to
meet public expense for the ensuing year and a tax levy
made within the limits and as authorized by law for said
item; and said item and levy may be repeated from year to
year until, in the judgment of the board of county commissioners of the county the amount required for the specified
purpose or purposes has been raised or accumulated. The
[Title 36 RCW—page 76]
board of county commissioners may accept gifts or bequests
for the cumulative reserve fund and may make transfers
from the current expense fund to the cumulative reserve
fund. Any moneys in said fund at the end of the fiscal year
shall not lapse nor shall the same be a surplus available or
which may be used for any other purpose or purposes than
those specified, except as herein provided, nor shall moneys
in said fund be considered when computing the limitations
on cash balances set out in section 4, chapter 164, Laws of
1923 as last amended by section 1, chapter 145, Laws of
1943 and RCW 36.40.090. [1963 c 4 § 36.33.030. Prior:
1961 c 172 § 2; 1945 c 51 § 2; Rem. Supp. 1945 §
5634-11.]
36.33.040 Cumulative reserve fund—Permissible
uses of funds in. No money in any cumulative reserve fund
shall be used for any purpose other than that for which the
fund was created except:
(1) If the purpose of the creation of a cumulative
reserve fund has been accomplished by the completion of the
proposed building or improvement, the balance remaining in
the fund may be transferred to any other cumulative reserve
fund or to the county current expense fund by order of the
board.
(2) If the purpose of the creation of a cumulative
reserve fund ceases to exist or is abandoned, the fund or any
part thereof, may be transferred to any other cumulative
reserve fund or to the county current expense fund by order
of the board after a public hearing thereon pursuant to a notice by publication: PROVIDED, That if the amount to be
transferred exceeds fifty thousand dollars, no transfer may be
made until authorized by a majority of the voters of the
county voting upon the question at an election. [1963 c 4 §
36.33.040. Prior: 1945 c 51 § 3; Rem. Supp. 1945 § 563412.]
36.33.060 Salary fund—Reimbursement. The
county legislative authority of each county with a population
of one hundred twenty-five thousand or more shall establish
a salary fund to be used for paying the salaries and wages of
all officials and employees. The county legislative authority
of any other county may establish such a salary fund. Said
salary fund shall be reimbursed from any county funds or
other funds under the jurisdiction or control of the county
treasurer or county auditor budgeted for salaries and wages.
The deposits shall be made in the exact amount of the
payroll or vouchers paid from the salary fund. [1991 c 363
§ 64; 1973 1st ex.s. c 38 § 1; 1971 ex.s. c 214 § 1; 1963 c
4 § 36.33.060. Prior: 1961 c 273 § 1; prior: (i) 1935 c 94
§ 1; 1933 ex.s. c 14 § 1; RRS § 4201-1. (ii) 1933 ex.s. c 14
§ 2; RRS § 4201-2. (iii) 1933 ex.s. c 14 § 3; RRS § 4201-3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.33.065 Claims fund—Reimbursement. The
county legislative authority of any county may establish by
resolution a fund to be known as the claims fund, which
shall be used for paying claims against the county. Such
claims fund shall be reimbursed from any county funds or
other funds under the jurisdiction or control of the county
treasurer or county auditor budgeted for such expenditures.
(2002 Ed.)
County Funds
The deposits shall be made in the exact amount of the
vouchers paid from the claims fund. [1991 c 363 § 65; 1973
1st ex.s. c 38 § 2; 1971 ex.s. c 214 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.33.070 Investment in warrants on tax refund
fund. Whenever the county treasurer deems it expedient and
for the best interests of the county he may invest any
moneys in the county current expense fund in outstanding
warrants on the county tax refund fund in the following
manner: When he has determined the amount of moneys in
the county current expense fund available for investment, he
shall call, in the order of their issuance, a sufficient number
of warrants drawn on the county tax refund fund as nearly
as possible equaling in amount but not exceeding the moneys
to be invested, and upon presentation and surrender thereof
he shall pay to the holders of such warrants the face amount
thereof and the accrued interest thereon out of moneys in the
county current expense fund. [1963 c 4 § 36.33.070. Prior:
1943 c 61 § 1; Rem. Supp. 1943 § 5545-10.]
36.33.080 Investment in warrants on tax refund
fund—Procedure upon purchase—Interest on. Upon
receipt of any such warrant on the tax refund fund the
county treasurer shall enter the principal amount thereof, and
accrued interest thereon, as a suspense credit upon his
records, and shall hold the warrant until it with interest, if
any, is paid in due course out of the county tax refund fund,
and upon such payment, the amount thereof shall be restored
to the county current expense fund. The refund warrants
held by the county treasurer shall continue to draw interest
until the payment thereof out of the county tax refund fund,
which interest accruing subsequent to acquisition of the
warrants by the county treasurer shall be paid into the county
current expense fund. [1963 c 4 § 36.33.080. Prior: 1943
c 61 § 2; Rem. Supp. 1943 § 5545-11.]
36.33.090 Investment in warrants on tax refund
fund—Breaking of warrants authorized. Whenever it
appears to the county treasurer that the face amount plus
accrued interest of the tax refund warrant next eligible for
investment exceeds by one hundred dollars the amount of
moneys in the county current expense fund available for
investment, the county treasurer may notify the warrant
holder who shall thereupon apply to the county auditor for
the breaking of the warrant and the county auditor upon such
application shall take up the original warrant and reissue, as
of the date which the original warrant bears, two new refund
warrants one of which shall be in an amount approximately
equaling, with accrued interest, the amount of moneys in the
county current expense fund determined by the county treasurer to be available for investment. The new warrants
when issued shall be callable and payable in the same order
with respect to other outstanding tax refund warrants as the
original warrant in lieu of which the new warrants were
issued. [1963 c 4 § 36.33.090. Prior: 1943 c 61 § 3; Rem.
Supp. 1943 § 5545-12.]
36.33.100 Investment in warrants on tax refund
fund—Purchased warrants as cash. In making settlements
(2002 Ed.)
36.33.065
of accounts between outgoing and incoming county treasurers, any county tax refund warrant in which money in the
county current expense fund has been invested shall be
deemed in every way the equivalent of cash and shall be
receipted for by the incoming county treasurer as such.
[1963 c 4 § 36.33.100. Prior: 1943 c 61 § 4; Rem. Supp.
1943 § 5545-13.]
36.33.120 County lands assessment fund created—
Levy for. The boards of county commissioners may
annually levy a tax upon all taxable property in the county,
for the purpose of creating a fund to be known as "county
lands assessment fund." [1963 c 4 § 36.33.120. Prior:
1929 c 193 § 1; RRS § 4027-1.]
36.33.130 County lands assessment fund created—
Purpose of fund. The county lands assessment fund may be
expended by the county commissioners to pay in full or in
part, any assessment or installment of assessments of
drainage improvement districts, diking improvement districts,
or districts formed for the foregoing purposes, or assessments for road improvements, falling due against lands in
the year when such lands are acquired by the county or
while they are owned by the county, including lands acquired by the county for general purposes; also lands which
have been acquired by the county by foreclosure of general
taxes. Payment may be made of such assessments, or
installments thereof, against such lands or classes of lands,
and in such districts or classes of districts as the county
commissioners deem advisable. No payment shall be made
of any assessments or installments of assessments falling due
prior to the year in which the lands were acquired by the
county, nor shall any assessments be paid in advance of the
time when they fall due. Assessments for maintenance and
operation of dikes, drains, or other improvements of districts
falling due upon such lands while owned by the county, may
be paid without the payment of assessments or installments
thereof for construction of the improvements, if the county
commissioners elect so to do. [1963 c 4 § 36.33.130. Prior:
1929 c 193 § 2; RRS § 4027-2.]
36.33.140 County lands assessment fund created—
Amount of levy. The amount of the levy in any year for
the county lands assessment fund shall not exceed the
estimated amount needed over and above all moneys on
hand in the fund, to pay the aggregate amount of such
assessments falling due against the lands in the ensuing year;
and in no event shall the levy exceed twelve and one-half
cents per thousand dollars of assessed value upon all taxable
property in the county. [1973 1st ex.s. c 195 § 31; 1963 c
4 § 36.33.140. Prior: 1929 c 193 § 3; RRS § 4027-3.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.33.150 County lands assessment fund created—
Surplus from tax sales to go into fund. Into the county
lands assessment fund shall also be paid any surplus moneys
from the sale by the county, pursuant to foreclosure of real
estate taxes, of any lands lying in any district formed for
diking or drainage purposes or for assessment of road
improvements, over and above the amount necessary to re[Title 36 RCW—page 77]
36.33.150
Title 36 RCW: Counties
deem the general taxes and other assessments against them,
as required by law. Any surplus from any county levy for
the fund, unexpended in any year, shall be carried forward
in the fund to the next year. [1963 c 4 § 36.33.150. Prior:
1929 c 193 § 4; RRS § 4027-4.]
36.33.160 County lands assessment fund created—
List of lands to be furnished. Upon request the county
treasurer shall furnish to the county legislative authority a
list of all lands owned by the county, together with the
amounts levied as assessments and the district in or by
which such assessments are levied, against each description
of the lands, as it appears on the assessment roll of the
district. On or before the first day of August of each year,
upon request, the treasurer shall furnish to the county
legislative authority a similar list of all land owned by the
county and subject to any such assessments, together with
the amounts of any installment of assessments falling due
against any of such lands in the ensuing year and an estimate
of any maintenance or other assessments to be made against
same to fall due in the ensuing year. [1991 c 245 § 9; 1963
c 4 § 36.33.160. Prior: 1929 c 193 § 5; RRS § 4027-5.]
36.33.170 County lands assessment fund created—
Rentals may be applied against assessments. Moneys
received as rentals of irrigated lands may be applied to the
payment of current irrigation charges or assessments against
the land. [1963 c 4 § 36.33.170. Prior: 1929 c 193 § 6;
RRS § 4027-6.]
36.33.190 County lands assessment fund created—
Disposal of bonds. The county treasurer shall cash any
United States bonds owned by the county as they mature or,
with the approval of the state finance committee and of the
county finance committee, he may at any time sell them. In
either event he must return the proceeds into the treasury.
[1963 c 4 § 36.33.190. Prior: 1937 c 209 § 2; RRS § 564612.]
36.33.200 Election reserve fund. The board of
county commissioners may establish an election reserve fund
for the payment of expenses of conducting regular and
special state and county elections and compensation of
election and registration officers and annually budget and
levy a tax therefor. It may also make transfers into the
election reserve fund from the current expense fund and
receive funds for such purposes from cities, school districts
and other subdivisions. [1963 c 4 § 36.33.200. Prior: 1955
c 48 § 1.]
36.33.210 Election reserve fund—Accumulation of
fund—Transfers. The limits placed upon the amount to be
accumulated in the current expense fund shall not affect the
election reserve fund nor shall the existence of the election
reserve fund affect the amount which may be accumulated
in the current expense fund, nor shall any unexpended
balance in the election reserve fund at the end of any budget
year revert to the current expense fund but shall be carried
forward in the election reserve fund to be used for the
purposes for which the fund was created: PROVIDED, That
at a regular session, the county commissioners may transfer
[Title 36 RCW—page 78]
any surplus in said fund to the current expense fund, if they
deem it expedient to do so. [1963 c 4 § 36.33.210. Prior:
1955 c 48 § 2.]
36.33.220 County road property tax revenues,
expenditure for services authorized. The legislative
authority of any county may budget, in accordance with the
provisions of chapter 36.40 RCW, and expend any portion
of the county road property tax revenues for any service to
be provided in the unincorporated area of the county
notwithstanding any other provision of law, including chapter
36.82 RCW and RCW 84.52.050 and 84.52.043. County
road property tax revenues that are diverted under chapter
39.89 RCW may be expended as provided under chapter
39.89 RCW. [2001 c 212 § 25; 1973 1st ex.s. c 195 § 142;
1973 1st ex.s. c 195 § 32; 1971 ex.s. c 25 § 1.]
Severability—2001 c 212: See RCW 39.89.902.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—1971 ex.s. c 25: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 25 § 4.]
Chapter 36.33A
EQUIPMENT RENTAL AND REVOLVING FUND
Sections
36.33A.010 Equipment rental and revolving fund—Establishment—
Purposes.
36.33A.020 Use of fund by other offices, departments or agencies.
36.33A.030 Administration of fund.
36.33A.040 Rates for equipment rental.
36.33A.050 Deposits in fund.
36.33A.060 Accumulated moneys.
36.33A.010 Equipment rental and revolving fund—
Establishment—Purposes. Every county shall establish, by
resolution, an "equipment rental and revolving fund",
hereinafter referred to as "the fund", in the county treasury
to be used as a revolving fund for the purchase, maintenance, and repair of county road department equipment; for
the purchase of equipment, materials, supplies, and services
required in the administration and operation of the fund; and
for the purchase or manufacture of materials and supplies
needed by the county road department. [1977 c 67 § 1.]
36.33A.020 Use of fund by other offices, departments or agencies. The legislative body of any county may
authorize, by resolution, the use of the fund by any other
office or department of the county government or any other
governmental agency for similar purposes. [1977 c 67 § 2.]
36.33A.030 Administration of fund. With the
approval of the county legislative body, the county engineer,
or other appointee of the county legislative body, shall
administer the fund and shall be responsible for establishing
the terms and charges for the sale of any material or supplies
which have been purchased, maintained, or manufactured
with moneys from the fund. The terms and charges shall be
set to cover all costs of purchasing, storing, and distributing
(2002 Ed.)
Equipment Rental and Revolving Fund
the material or supplies, and may be amended as considered
necessary. [1977 c 67 § 3.]
36.33A.040 Rates for equipment rental. Rates for
the rental of equipment owned by the fund shall be set to
cover all costs of maintenance and repair, material and
supplies consumed in operating or maintaining the equipment, and the future replacement thereof. The rates shall be
determined by the county engineer and shall be subject to
annual review by the legislative body. [1977 c 67 § 4.]
36.33A.050 Deposits in fund. The legislative
authority of the county may, from time to time, place
moneys in the fund from any source lawfully available to it
and may transfer equipment, materials, and supplies of any
office or department to the equipment rental and revolving
fund with or without charge consistent with RCW 43.09.210.
Charges for the rental of equipment and for providing
materials, supplies, and services to any county office or
department shall be paid monthly into the fund. Proceeds
received from other governmental agencies for similar
charges and from the sale of equipment or other personal
property owned by the equipment rental and revolving fund,
which is no longer of any value to or needed by the county,
shall be placed in the fund as received. [1977 c 67 § 5.]
36.33A.060 Accumulated moneys. Moneys accumulated in the equipment rental and revolving fund shall be
retained therein from year to year; shall be used only for the
purposes stated in this chapter; and shall be subject to the
budgetary regulations in chapter 36.40 RCW. [1977 c 67 §
6.]
Chapter 36.34
COUNTY PROPERTY
Sections
36.34.005
36.34.010
36.34.020
36.34.030
36.34.040
36.34.050
36.34.060
36.34.070
36.34.080
36.34.090
36.34.100
36.34.110
36.34.120
36.34.130
36.34.135
36.34.137
36.34.140
36.34.145
36.34.150
36.34.160
36.34.170
36.34.180
36.34.190
36.34.192
(2002 Ed.)
Establishment of comprehensive procedures for management
of county property authorized—Exemption from chapter.
Authority to sell—May sell timber, minerals separately—
Mineral reservation.
Publication of notice of intention to sell.
Requirements of notice—Posting.
Public hearing.
Findings and determination—Minimum price.
Sales of personalty.
Sales and purchases of equipment—Trade-ins.
Sales to be at public auction.
Notice of sale.
Notice of sale—Requirements of.
Disposition of proceeds.
Used equipment sales.
Intergovernmental sales.
Leases of county property—Affordable housing.
Affordable housing—Inventory of suitable property.
Leases of county property—Airports.
Leases of county property to nonprofit organizations for
agricultural fairs.
Application to lease—Deposit.
Notice of intention to lease.
Objections to leasing.
Lease terms.
Lease to highest responsible bidder.
Application of RCW 36.34.150 through 36.34.190 to certain
service provider agreements under chapter 70.150 RCW.
36.33A.030
36.34.200
36.34.205
Execution of lease agreement.
Lease of building space—Counties with a population of one
million or more.
36.34.210 Forest lands may be conveyed to United States.
36.34.220 Lease or conveyance to United States for flood control,
navigation, and allied purposes.
36.34.230 Lease or conveyance to United States for flood control,
navigation, and allied purposes—State consents to conveyance.
36.34.240 Lease or conveyance to United States for flood control,
navigation, and allied purposes—Cession of jurisdiction.
36.34.250 Lease or conveyance to the state or to United States for
military, housing, and other purposes.
36.34.260 Lease or conveyance to the state or to United States for
military, housing, and other purposes—Procedure.
36.34.270 Lease or conveyance to the state or to United States for
military, housing, and other purposes—Execution of
instrument of transfer.
36.34.280 Conveyance to municipality.
36.34.290 Dedication of county land for streets and alleys.
36.34.300 Dedication of county land for streets and alleys—Execution
of dedication—Effective date.
36.34.310 Long term leases to United States.
36.34.320 Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
36.34.330 Exchange for privately owned real property of equal value.
36.34.340 May acquire property for park, recreational, viewpoint,
greenbelt, conservation, historic, scenic, or view purposes.
Acquisition and operation of public cemeteries and funeral facilities:
Chapter 68.52 RCW.
Eminent domain by state of county property: Chapter 8.04 RCW.
Federal areas on
generally: Chapters 37.08, 37.16 RCW.
Indians and Indian lands, jurisdiction: Chapter 37.12 RCW.
King county
Auburn general depot: RCW 37.08.260.
Lake Washington ship canal: RCW 37.08.240, 37.08.250.
military installations (permanent United States), county aid in acquisition
of land for: Chapter 37.16 RCW.
Flood control by counties jointly, lease or sale of property: RCW
86.13.100.
Industrial development districts, transfer of county lands to: Chapter 53.25
RCW.
Local improvement assessments against county lands: RCW 35.44.140,
35.49.070.
Mineral and petroleum leases on county lands: Chapter 78.16 RCW.
Property subject to diking, drainage or sewerage improvement assessments,
resale or lease by county: RCW 85.08.500.
Rights of way over by diking districts: RCW 85.05.080.
Tax liens, property, county acquisitions as subject to: RCW 84.60.050.
Television reception improvement district dissolution, disposition of
property: RCW 36.95.200.
Underground storage of natural gas, lease of county lands for: RCW
80.40.070.
36.34.005 Establishment of comprehensive procedures for management of county property authorized—
Exemption from chapter. Pursuant to public notice and
hearing, any county may establish comprehensive procedures
for the management of county property consistent with the
public interest and counties establishing such procedures
shall be exempt from the provisions of chapter 36.34 RCW:
PROVIDED, That all counties shall retain all powers now or
hereafter granted by chapter 36.34 RCW. [1973 1st ex.s. c
196 § 1.]
36.34.010 Authority to sell—May sell timber,
minerals separately—Mineral reservation. Whenever it
[Title 36 RCW—page 79]
36.34.010
Title 36 RCW: Counties
appears to the board of county commissioners that it is for
the best interests of the county and the taxing districts and
the people thereof that any part or parcel, or portion of such
part or parcel, of property, whether real, personal, or mixed,
belonging to the county, including tax title land, should be
sold, the board shall sell and convey such property, under
the limitations and restrictions and in the manner hereinafter
provided.
In making such sales the board of county commissioners
may sell any timber, mineral, or other resources on any land
owned by the county separate and apart from the land in the
same manner and upon the same terms and conditions as
provided in this chapter for the sale of real property.
The board of county commissioners may reserve mineral
rights in such land and, if such reservation is made, any
conveyance of the land shall contain the following reservation:
"The party of the first part hereby expressly saves,
excepts, and reserves out of the grant hereby made, unto
itself, its successors, and assigns, forever, all oils, gases,
coals, ores, minerals, gravel, timber, and fossils of every
name, kind, or description, and which may be in or upon
said lands above described; or any part thereof, and the right
to explore the same for such oils, gases, coals, ores, minerals, gravel, timber and fossils; and it also hereby expressly
saves and reserves out of the grant hereby made, unto itself,
its successors, and assigns, forever, the right to enter by
itself, its agents, attorneys, and servants upon said lands, or
any part or parts thereof, at any and all times, for the
purpose of opening, developing, and working mines thereon,
and taking out and removing therefrom all such oils, gases,
coal, ores, minerals, gravel, timber, and fossils, and to that
end it further expressly reserves out of the grant hereby
made, unto itself, its successors, and assigns, forever, the
right by it or its agents, servants, and attorneys at any and all
times to erect, construct, maintain, and use all such buildings, machinery, roads and railroads, sink such shafts,
remove such oil, and to remain on said lands or any part
thereof, for the business of mining and to occupy as much
of said lands as may be necessary or convenient for the
successful prosecution of such mining business, hereby expressly reserving to itself, its successors, and assigns, as
aforesaid, generally, all rights and powers in, to, and over
said land, whether herein expressed or not, reasonably
necessary or convenient to render beneficial and efficient the
complete enjoyment of the property and the rights hereby
expressly reserved."
No rights shall be exercised under the foregoing
reservation until provision has been made to pay to the
owner of the land upon which the rights reserved are sought
to be exercised, full payment for all damages sustained by
reason of entering upon the land: PROVIDED, That if the
owner for any cause refuses or neglects to settle the damages, the county, its successors, or assigns, or any applicant for
a lease or contract from the county for the purpose of prospecting for or mining valuable minerals, or operation
contract, or lease, for mining coal, or lease for extracting
petroleum or natural gas, shall have the right to institute such
legal proceedings in the superior court of the county wherein
the land is situated, as may be necessary to determine the
damages which the owner of the land may suffer. Any of
the reserved minerals or other resources not exceeding two
[Title 36 RCW—page 80]
hundred dollars in value may be sold, when the board deems
it advisable, either with or without publication of notice of
sale, and in such manner as the board may determine will be
most beneficial to the county. [1963 c 4 § 36.34.010. Prior:
1945 c 172 § 3; 1943 c 19 § 1; 1891 c 76 § 1; Rem. Supp.
1945 § 4007.]
36.34.020 Publication of notice of intention to sell.
Whenever the county legislative authority desires to dispose
of any county property except:
(1) When selling to a governmental agency;
(2) When personal property to be disposed of is to be
traded in upon the purchase of a like article;
(3) When the value of the property to be sold is less
than two thousand five hundred dollars;
(4) When the county legislative authority by a resolution
setting forth the facts has declared an emergency to exist;
it shall publish notice of its intention so to do once each
week during two successive weeks in a legal newspaper of
general circulation in the county. [1991 c 363 § 66; 1985 c
469 § 45; 1967 ex.s. c 144 § 1; 1963 c 4 § 36.34.020.
Prior: 1945 c 254 § 1; Rem. Supp. 1945 § 4014-1; prior:
1891 c 76 § 2, part; RRS § 4008, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
36.34.030 Requirements of notice—Posting. The
notice of hearing on the proposal to dispose of any county
property must particularly describe the property or portion
thereof proposed to be sold and designate the place where
and the day and hour when a hearing will be held thereon
and be posted in a conspicuous place in the courthouse.
Both posting and the date of first publication must be at least
ten days before the day set for the hearing. [1963 c 4 §
36.34.030. Prior: 1945 c 254 § 2; Rem. Supp. 1945 §
4014-2; prior: 1891 c 76 § 2, part; RRS § 4008, part.]
36.34.040 Public hearing. The board shall hold a
public hearing upon a proposal to dispose of county property
at the day and hour fixed in the notice at its usual place of
business and admit evidence offered for and against the
propriety and advisability of the proposed action. Any
taxpayer in person or by counsel may submit evidence and
submit an argument, but the board may limit the number to
three on a side. [1963 c 4 § 36.34.040. Prior: 1945 c 254
§ 3; Rem. Supp. 1945 § 4014-3; prior: 1891 c 76 § 2, part;
RRS § 4008, part.]
36.34.050 Findings and determination—Minimum
price. Within three days after the hearing upon a proposal
to dispose of county property, the county legislative authority
shall make its findings and determination thereon and cause
them to be spread upon its minutes and made a matter of
record. The county legislative authority may set a minimum
sale price on property that is proposed for sale. [1991 c 363
§ 67; 1963 c 4 § 36.34.050. Prior: 1945 c 254 § 4; Rem.
Supp. 1945 § 4014-4; prior: 1891 c 76 § 3; RRS § 4009.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2002 Ed.)
County Property
36.34.060
36.34.060 Sales of personalty. Sales of personal
property must be for cash except:
(1) When property is transferred to a governmental
agency;
(2) When the county property is to be traded in on the
purchase of a like article, in which case the proposed cash
allowance for the trade-in must be part of the proposition to
be submitted by the seller in the transaction. [1963 c 4 §
36.34.060. Prior: 1945 c 254 § 5; Rem. Supp. 1945 §
4014-5; prior: 1915 c 8 § 1, part; 1891 c 76 § 5, part; RRS
§ 4011, part.]
designee shall publish notice thereof once during each of two
successive calendar weeks in a newspaper of general
circulation in the county. Notice thereof must also be posted
in a conspicuous place in the courthouse. The posting and
date of first publication must be at least ten days before the
day fixed for the sale. [1997 c 393 § 5; 1991 c 363 § 69;
1985 c 469 § 46; 1963 c 4 § 36.34.090. Prior: 1945 c 254
§ 8; Rem. Supp. 1945 § 4014-8; prior: 1891 c 76 § 4, part;
RRS § 4010, part.]
36.34.070 Sales and purchases of equipment—
Trade-ins. The board may advertise and sell used highway
or other equipment belonging to the county or to any taxing
division thereof subject to its jurisdiction in the manner prescribed for the sale of county property, or it may trade it in
on the purchase of new equipment. If the board elects to
trade in the used equipment it shall include in its call for
bids on the new equipment a notice that the county has for
sale or trade-in used equipment of a specified type and
description which will be sold or traded in on the same day
and hour that the bids on the new equipment are opened.
Any bidder on the new equipment may include in his offer
to sell, an offer to accept the used equipment as a part
payment of the new equipment purchase price, setting forth
the amount of such allowance.
In determining the lowest and best bid on the new
equipment the board shall consider the net cost to the county
of such new equipment after trade-in allowances have been
deducted. The board may accept the new equipment bid of
any bidder without trading in the used equipment but may
not require any such bidder to purchase the used equipment
without awarding the bidder the new equipment contract.
Nothing in this section shall bar anyone from making an
offer for the purchase of the used equipment independent of
a bid on the new equipment and the board shall consider
such offers in relation to the trade-in allowances offered to
determine the net best sale and purchase combination for the
county. [1963 c 4 § 36.34.070. Prior: 1945 c 254 § 6;
Rem. Supp. 1945 § 4014-6.]
36.34.100 Notice of sale—Requirements of. The
notice of sale of county property by auction sale must
particularly describe the property to be sold and designate
the day and hour and the location of the auction sale. The
notice of sale of county property by sealed bid must describe
the property to be sold, designate the date and time after
which the bids are not received, the location to turn in the
sealed bid, and the date, time, and location of the public
meeting of the county legislative authority when the bids are
opened and read in public. [1991 c 363 § 70; 1963 c 4 §
36.34.100. Prior: 1945 c 254 § 9; Rem. Supp. 1945 §
4014-9; prior: 1891 c 76 § 4, part; RRS § 4010, part.]
36.34.080 Sales to be at public auction. All sales of
county property ordered after a public hearing upon the
proposal to dispose thereof must be supervised by the county
treasurer and may be sold at a county or other government
agency’s public auction, at a privately operated consignment
auction that is open to the public, or by sealed bid to the
highest and best bidder meeting or exceeding the minimum
sale price as directed by the county legislative authority.
[1993 c 8 § 1. Prior: 1991 c 363 § 68; 1991 c 245 § 10;
1965 ex.s. c 23 § 1; 1963 c 4 § 36.34.080; prior: 1945 c
254 § 7; Rem. Supp. 1945 § 4014-7; prior: 1891 c 76 § 4,
part; RRS § 4010, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Public auction sales, where held: RCW 36.16.140.
36.34.090 Notice of sale. Whenever county property
is to be sold at public auction, consignment auction, or
sealed bid, the county treasurer or the county treasurer’s
(2002 Ed.)
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.34.110 Disposition of proceeds. The proceeds of
sales of county property except in cases of trade-in allowances upon purchases of like property must be paid to the
county treasurer who must receipt therefor and execute the
proper documents transferring title attested to by the county
auditor. In no case shall the title be transferred until the
purchase price has been fully paid. [1963 c 4 § 36.34.110.
Prior: 1945 c 254 § 10; Rem. Supp. 1945 § 4014-10; prior:
(i) 1915 c 8 § 1, part; 1891 c 76 § 5, part; RRS § 4011, part.
(ii) 1891 c 76 § 6, part; RRS § 4013, part.]
36.34.120 Used equipment sales. Proceeds from the
sale of used equipment must be credited to the fund from
which the original purchase price was paid. [1963 c 4 §
36.34.120. Prior: 1945 c 254 § 11; Rem. Supp. 1945 §
4014-11.]
36.34.130 Intergovernmental sales. The board of
county commissioners may dispose of county property to
another governmental agency and may acquire property for
the county from another governmental agency by means of
private negotiation upon such terms as may be agreed upon
and for such consideration as may be deemed by the board
of county commissioners to be adequate. [1963 c 4 §
36.34.130. Prior: 1945 c 254 § 12; Rem. Supp. 1945 §
4014-12.]
36.34.135 Leases of county property—Affordable
housing. If a county owns property that is located anywhere
within the county, including within the limits of a city or
town, and that is suitable for affordable housing, the legislative authority of the county may, by negotiation, lease the
property for affordable housing for a term not to exceed
seventy-five years to any public housing authority or
[Title 36 RCW—page 81]
36.34.135
Title 36 RCW: Counties
nonprofit organization that has demonstrated its ability to
construct or operate housing for very low-income, lowincome, or moderate-income households as defined in RCW
43.63A.510 and special needs populations. Leases for
housing for very low-income, low-income, or moderateincome households and special needs populations shall not
be subject to any requirement of periodic rental adjustments,
as provided in RCW 36.34.180, but shall provide for such
fixed annual rents as appear reasonable considering the
public, social, and health benefits to be derived by providing
an adequate supply of safe and sanitary housing for very
low-income, low-income, or moderate-income households
and special needs populations. [1993 c 461 § 6; 1990 c 253
§ 7.]
Finding—1993 c 461: See note following RCW 43.63A.510.
Legislative finding and purpose—1990 c 253: See note following
RCW 43.70.340.
36.34.137 Affordable housing—Inventory of suitable
property. (1) Every county shall identify and catalog real
property owned by the county that is no longer required for
its purposes and is suitable for the development of affordable
housing for very low-income, low-income, and moderateincome households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and
current zoning classification of the property. Every county
shall provide a copy of the inventory to the *department of
community development by November 1, 1993, with
inventory revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in 1994,
every county shall purge the inventory of real property of
sites that are no longer available for the development of
affordable housing. The inventory revision shall include an
updated listing of real property that has become available
since the last update. As used in this section, "real property"
means buildings, land, or buildings and land. [1993 c 461
§ 5.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Finding—1993 c 461: See note following RCW 43.63A.510.
36.34.140 Leases of county property—Airports.
The board of county commissioners, if it appears that it is
for the best interests of the county and the people thereof,
that any county real property and its appurtenances should be
leased for a year or a term of years, may lease such property
under the limitations and restrictions and in the manner
provided in this chapter, and, if it appears that it is for the
best interests of the county and the people thereof, that any
county real property and its appurtenances which is now
being, or is to be devoted to airport or aeronautical purposes
or purposes incidental thereto, should be leased for a year or
a term of years, said board of county commissioners may
lease such property under the limitations and restrictions and
in the manner provided in this chapter, and said board of
county commissioners shall have power to lease such county
real property and its appurtenances whether such property
was heretofore or hereafter acquired or whether heretofore
or hereafter acquired by tax deed under tax foreclosure
proceedings for nonpayment of taxes or whether held or
[Title 36 RCW—page 82]
acquired in any other manner. Any lease executed under the
authority of the provisions hereof creates a vested interest
and a contract binding upon the county and the lessee.
[1963 c 4 § 36.34.140. Prior: 1951 2nd ex.s. c 14 § 1;
prior: (i) 1901 c 87 § 1; RRS § 4019. (ii) 1901 c 87 § 6,
part; RRS § 4024, part.]
36.34.145 Leases of county property to nonprofit
organizations for agricultural fairs. The legislative
authority of any county owning property in or outside the
limits of any city or town, or anywhere within the county,
which is suitable for agricultural fair purposes may by
negotiation lease such property for such purposes for a term
not to exceed seventy-five years to any nonprofit organization that has demonstrated its qualification to conduct
agricultural fairs. Such agricultural fair leases shall not be
subject to any requirement of periodic rental adjustments, as
provided in RCW 36.34.180, but shall provide for such fixed
annual rental as shall appear reasonable, considering the
benefit to be derived by the county in the promotion of the
fair and in the improvement of the property. The lessee may
utilize or rent out such property at times other than during
the fair season for nonfair purposes in order to obtain
income for fair purposes, and during the fair season may
sublease portions of the property for purposes and activities
associated with such fair. No sublease shall be valid unless
the same shall be approved in writing by the county legislative authority: PROVIDED, That failure of such lessee,
except by act of God, war or other emergency beyond its
control, to conduct an annual agricultural fair or exhibition,
shall cause said lease to be subject to cancellation by the
county legislative authority. A county legislative authority
entering into an agreement with a nonprofit association to
lease property for agricultural fair purposes shall, when
requested to do so, file a copy of the lease agreement with
the department of agriculture or the state fair commission in
order to assure compliance with the provisions of RCW
15.76.165. [1986 c 171 § 2; 1963 c 4 § 36.34.145. Prior:
1957 c 134 § 1.]
36.34.150 Application to lease—Deposit. Any
person desiring to lease county lands shall make application
in writing to the board of county commissioners. Each
application shall be accompanied by a deposit of not less
than ten dollars or such other sum as the county commissioners may require, not to exceed twenty-five dollars. The
deposit shall be in the form of a certified check or certificate
of deposit on some bank in the county, or may be paid in
cash. In case the lands applied for are leased at the time
they are offered, the deposit shall be returned to the applicant, but if the party making application fails or refuses to
comply with the terms of his application and to execute the
lease, the deposit shall be forfeited to the county, and the
board of county commissioners shall pay the deposit over to
the county treasurer, who shall place it to the credit of the
current expense fund. [1963 c 4 § 36.34.150. Prior: 1901
c 87 § 2; RRS § 4020.]
36.34.160 Notice of intention to lease. When, in the
judgment of the board of county commissioners, it is found
desirable to lease the land applied for, it shall first give
(2002 Ed.)
County Property
notice of its intention to make such lease by publishing a
notice in a legal newspaper at least once a week for the term
of three weeks, and shall also post a notice of such intention
in a conspicuous place in the courthouse for the same length
of time. The notice so published and posted shall designate
and describe the property which is proposed to be leased,
together with the improvements thereon and appurtenances
thereto, and shall contain a notice that the board of county
commissioners will meet at the county courthouse on a day
and at an hour designated in the notice, for the purpose of
leasing the property which day and hour shall be at a time
not more than a week after the expiration of the time
required for the publication of the notice. [1963 c 4 §
36.34.160. Prior: 1901 c 87 § 3; RRS § 4021.]
36.34.170 Objections to leasing. Any person may
appear at the meeting of the county commissioners or any
adjourned meeting thereof, and make objection to the leasing
of the property, which objection shall be stated in writing.
In passing upon objections the board of county commissioners shall, in writing, briefly give its reasons for accepting or
rejecting the same, and such objections, and the reasons for
accepting or refusing the application, shall be published by
the board in the next subsequent weekly issue of the newspaper in which the notice of hearing was published. [1963 c
4 § 36.34.170. Prior: 1901 c 87 § 5; RRS § 4023.]
36.34.180 Lease terms. At the day and hour designated in the notice or at any subsequent time to which the
meeting may be adjourned by the board of county commissioners, but not more than thirty days after the day and hour
designated for the meeting in the published notice, the board
may lease the property in such notice described for a term of
years and upon such terms and conditions as to the board
may seem just and right in the premises. No lease shall be
for a longer term in any one instance than ten years, and no
renewal of a lease once executed and delivered shall be had,
except by a re-leasing and re-letting of the property according to the terms and conditions of this chapter: PROVIDED,
That if a county owns property within or outside the corporate limits of any city or town or anywhere in the county
suitable for municipal purposes, or for commercial buildings,
or owns property suitable for manufacturing or industrial
purposes or sites, or for military purposes, or for temporary
or emergency housing, or for any requirement incidental to
manufacturing, commercial, agricultural, housing, military,
or governmental purposes, the board of county commissioners may lease it for such purposes for any period not to
exceed thirty-five years: PROVIDED FURTHER, Where
the property involved is or is to be devoted to airport
purposes and construction work or the installation of new
facilities is contemplated, the board may lease said property
for such period as may equal the estimated useful life of
such work or facilities but not to exceed seventy-five years.
If property is leased for municipal purposes or for
commercial buildings or manufacturing or industrial purposes
the lessee shall prior to the execution of the lease file with
the board of county commissioners general plans and
specifications of the building or buildings to be erected
thereon for such purposes. All leases when executed shall
provide that they shall be canceled by failure of the lessee to
(2002 Ed.)
36.34.160
construct such building or buildings or other improvements
for such purposes within three years from date of the lease,
and in case of failure so to do the lease and all improvements thereon including the rentals paid, shall thereby be
forfeited to the county unless otherwise stipulated. No
change or modification of the plans shall be made unless
first approved by the board of county commissioners. If at
any time during the life of the lease the lessee fails to use
the property for the purposes leased, without first obtaining
permission in writing from the board of county commissioners so to do, the lease shall be forfeited.
Any lease made for a longer period than ten years shall
contain provisions requiring the lessee to permit the rentals
for every five year period thereafter, or part thereof, at the
commencement of such period, to be readjusted and fixed by
the board of county commissioners. In the event that the
lessee and the board cannot agree upon the rentals for said
five year period, the lessee shall submit to have the disputed
rentals for the subsequent period adjusted by arbitration.
The lessee shall pick one arbitrator and the board one, and
the two so chosen shall select a third. No board of arbitrators shall reduce the rentals below the sum fixed or agreed
upon for the last preceding period. All buildings, factories,
or other improvements made upon property leased shall
belong to and become property of such county, unless
otherwise stipulated, at the expiration of the lease.
No lease shall be assigned without the assignment being
first authorized by resolution of the board of county commissioners and the consent in writing of at least two members
of the board endorsed on the lease. All leases when drawn
shall contain this provision.
This section shall not be construed to limit the power of
the board of county commissioners to sell, lease, or by gift
convey any property of the county to the United States or
any of its governmental agencies to be used for federal
government purposes. [1963 c 4 § 36.34.180. Prior: 1951
c 41 § 1; 1941 c 110 § 2; 1913 c 162 § 1; 1903 c 57 § 1;
1901 c 87 § 4; RRS § 4022.]
36.34.190 Lease to highest responsible bidder. No
lease shall be made by the county except to the highest
responsible bidder at the time of the hearing set forth in the
notice of intention to lease. [1963 c 4 § 36.34.190. Prior:
1901 c 87 § 6, part; RRS § 4024, part.]
36.34.192 Application of RCW 36.34.150 through
36.34.190 to certain service provider agreements under
chapter 70.150 RCW. RCW 36.34.150 through 36.34.190
shall not apply to agreements entered into pursuant to
chapter 70.150 RCW provided there is compliance with the
procurement procedure under RCW 70.150.040. [1986 c
244 § 12.]
Severability—1986 c 244: See RCW 70.150.905.
36.34.200 Execution of lease agreement. Upon the
decision of the board of county commissioners to lease the
lands applied for, a lease shall be executed in duplicate to
the lessee by the chairman of the board and the county auditor, attested by his seal of office, which lease shall also be
signed by the lessee. The lease shall refer to the order of
the board directing the lease, with a description of the lands
[Title 36 RCW—page 83]
36.34.200
Title 36 RCW: Counties
conveyed, the periods of payment, and the amounts to be
paid for each period. [1963 c 4 § 36.34.200. Prior: 1901
c 87 § 7; RRS § 4025.]
proved and declared to be valid. [1963 c 4 § 36.34.220.
Prior: 1945 c 94 § 1; 1941 c 142 § 1; 1937 c 46 § 1; Rem.
Supp. 1945 § 4015-6.]
36.34.205 Lease of building space—Counties with
a population of one million or more. In accordance with
RCW 35.42.010 through 35.42.220, a county with a population of one million or more may lease space and provide for
the leasing of such space through leases with an option to
purchase and the acquisition of buildings erected upon land
owned by the county upon the expiration of lease of such
land. For the purposes of this section, "building," as defined
in RCW 35.42.020 shall be construed to include any building
or buildings used as part of, or in connection with, the
operation of the county. The authority conferred by this
section is in addition to and not in lieu of any other provision authorizing counties to lease property. [1998 c 278 §
10.]
36.34.230 Lease or conveyance to United States for
flood control, navigation, and allied purposes—State
consents to conveyance. Pursuant to the Constitution and
laws of the United States and the Constitution of this state,
consent of the legislature is given to such conveyance by a
county to the United States for such purposes. [1963 c 4 §
36.34.230. Prior: 1937 c 46 § 2; RRS § 4015-7.]
36.34.210 Forest lands may be conveyed to United
States. The board of county commissioners of any county
which acquires any lands through foreclosure of tax liens or
otherwise, which by reason of their location, topography, or
geological formation are chiefly valuable for the purpose of
developing and growing timber, and which are situated
within the boundaries of any national forest, may, upon
application by the proper forest service official of the United
States government, convey such lands to the United States
government for national forest purposes under the national
forest land exchange regulations, for such compensation as
may be deemed equitable. [1963 c 4 § 36.34.210. Prior:
1931 c 69 § 1; RRS § 4015-1.]
36.34.220 Lease or conveyance to United States for
flood control, navigation, and allied purposes. If the
board of county commissioners of any county adjudges that
it is desirable and for the general welfare and benefit of the
people of the county and for the interest of the county to
lease or convey property, real or personal, belonging to the
county, however acquired, whether by tax foreclosure or in
any other manner, to the United States for the purpose of
flood control, navigation, power development, or for use in
connection with federal projects within the scope of the
federal reclamation act of June 17, 1902, and the act of
congress of August 30, 1935, entitled "An Act authorizing
the construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes," and
federal acts amendatory thereof and supplemental thereto, for
the reclamation and irrigation of arid lands, the board, by
majority vote, may lease or convey such property to the
United States for flood control, navigation, and power
development purposes, or for use in connection with federal
projects for the reclamation and irrigation of arid lands.
This property may be conveyed or leased by deed or other
instrument of conveyance or lease without notice and upon
such consideration, if any, as shall be determined by the
board and the deed or lease may be signed by the county
treasurer when authorized to do so by resolution of the
board. Any deed issued heretofore by any county to the
United States under authority of section 1, chapter 46, Laws
of 1937 and the amendments thereto, is ratified and ap[Title 36 RCW—page 84]
36.34.240 Lease or conveyance to United States for
flood control, navigation, and allied purposes—Cession of
jurisdiction. Pursuant to the Constitution and laws of the
United States and the Constitution of this state, consent of
the legislature is given to the exercise by the congress of the
United States of exclusive legislation in all cases whatsoever
on such tract or parcels of land so conveyed to it: PROVIDED, That all civil process issued from the courts of the state
and such criminal process as may issue under the authority
of the state against any person charged with crime in cases
arising outside of said tract may be served and executed
thereon in the same manner as if such property were retained
by the county. [1963 c 4 § 36.34.240. Prior: 1937 c 46 §
3; RRS § 4015-8.]
36.34.250 Lease or conveyance to the state or to
United States for military, housing, and other purposes.
The board of county commissioners of any county by a
majority vote are hereby authorized to directly lease, sell, or
convey by gift, all or any portion of real estate, or any
interest therein owned by the county, however acquired, by
tax foreclosure or in any other manner, to the United States
for the use and benefit of any branch of the army, navy, marine corps or air forces of the United States, or for enlarging
or improving any military base thereof, or for any governmental housing project, or for the purpose of constructing
and operating any federal power project, or to the state of
Washington, without requiring competitive bids or notice to
the public and at such price and terms as the board may
deem for the best interests of the county. The property may
be conveyed to the United States or to the state of Washington by deed or other instrument of conveyance and shall not
require any consideration, if donated, other than the benefit
which may be derived by the county on account of the use
thereof and development of such property by the United
States government or the state. [1963 c 4 § 36.34.250.
Prior: 1941 c 227 § 1; Rem. Supp. 1941 § 4026-1a.]
36.34.260 Lease or conveyance to the state or to
United States for military, housing, and other purposes—
Procedure. In any county where the federal government
owns and maintains property under the jurisdiction of the
navy department or war department, or any other federal
department, the board of county commissioners by majority
vote may sell, lease or transfer to the United States government any real or personal property owned by said county,
however acquired, for the use and benefit of any branch of
the army, navy, marine corps or air forces thereof or for
enlarging or improving any military base thereof, or for any
(2002 Ed.)
County Property
other governmental housing project, or to the state of
Washington, without requiring competitive bids or notice to
the public and at such price and terms as the board may
deem for the best interests of the county. This property may
be conveyed to the government of the United States by bill
of sale or other instrument of conveyance and need not
require consideration other than the benefit which may be
derived by the county on account of the use thereof and
development of such property by the United States government. The state of Washington may buy and/or sell such
property, or the state of Washington may buy and/or sell
such property for the purposes herein stated; or mutually
interchange or trade such property or purchase one from the
other. [1963 c 4 § 36.34.260. Prior: 1941 c 227 § 2; Rem.
Supp. 1941 § 4026-1b.]
36.34.270 Lease or conveyance to the state or to
United States for military, housing, and other purposes—
Execution of instrument of transfer. The resolution of the
board of county commissioners to grant an option to purchase, contract to sell, lease, sell and convey, or donate, as
provided, shall be entered by said board upon its journal, and
any option to purchase, contract to sell, lease, sale and
conveyance, or donation executed pursuant thereto, shall be
signed on behalf of the county by the board of county
commissioners, or a majority thereof, and shall be acknowledged in the manner prescribed by law. [1963 c 4 §
36.34.270. Prior: 1941 c 227 § 3; Rem. Supp. 1941 §
4026-1c.]
36.34.280 Conveyance to municipality. Whenever
any county holds title to lands, for county purposes, acquired
by grant, patent, or other conveyance from the United States
executed under and pursuant to an act of congress, and the
board of county commissioners of such county by resolution
finds and determines that any portion thereof is not required
for county purposes and that it would be for the best interest
of the county to have such portion of the lands devoted to
use by a municipality lying within the county, the board of
county commissioners may, with the consent of the congress
of the United States, by a proper instrument of conveyance
executed by the board on behalf of the county, convey such
lands to the municipality for municipal purposes, either with
or without consideration, and shall not be required to
advertise or offer such lands for sale or lease in the manner
provided by law for the sale or lease of county property.
[1963 c 4 § 36.34.280. Prior: 1917 c 69 § 1; RRS § 4015.]
36.34.290 Dedication of county land for streets and
alleys. The boards of county commissioners of the several
counties may dedicate any county land to public use for
public streets and alleys in any city or town. [1963 c 4 §
36.34.290. Prior: 1903 c 89 § 1; RRS § 4026.]
36.34.300 Dedication of county land for streets and
alleys—Execution of dedication—Effective date. Whenever the board of county commissioners of any county deems
it for the best interests of the public that any county land
lying in any city or town should be dedicated to the public
use for streets or alleys, it shall make and enter an order
upon its records, designating the land so dedicated, and shall
(2002 Ed.)
36.34.260
cause a certified copy of the order to be recorded in the
auditor’s office of the county in which the land is situated,
and from and after entry of such order of dedication and the
recording thereof as herein provided, such lands shall be
thereby dedicated to the public use. [1963 c 4 § 36.34.300.
Prior: 1903 c 89 § 2; RRS § 4027.]
36.34.310 Long term leases to United States. Any
county in the state may lease any property owned by it to
the United States of America or to any agency thereof for a
term not exceeding ninety-nine years upon such conditions
as may be contained in a written agreement therefor executed on behalf of the county by its board of county commissioners, and by any person on behalf of the United States of
America or any agency thereof who has been thereunto
authorized: PROVIDED, That any lease made for a longer
period than ten years hereunder shall contain provisions
requiring the lessee to permit the rentals for every five-year
period thereafter, or part thereof, at the commencement of
such period, to be readjusted upward and fixed by the board
of county commissioners. In the event that the lessee and
the board of county commissioners cannot agree upon the
rentals for the five-year period, the lessee shall submit to
have the disputed rentals for such subsequent period adjusted
by arbitration. The lessee shall pick one arbitrator and the
board of county commissioners one, and the two so chosen
shall select a third. No board of arbitrators shall reduce the
rentals below the sum fixed or agreed upon for the last
preceding period. All buildings, factories or other improvements made upon property leased under this proviso shall
belong to and become property of the county, unless otherwise stipulated, at the expiration of the lease. [1963 c 4 §
36.34.310. Prior: 1949 c 85 § 1; Rem. Supp. 1949 § 40191.]
36.34.320 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
36.34.330 Exchange for privately owned real
property of equal value. The board of county commissioners of any county shall have authority to exchange
county real property for privately owned real property of
equal value whenever it is determined by a decree of the
superior court in the county in which the real property is
located, after publication of notice of hearing is given as
fixed and directed by such court, that:
(1) The county real property proposed to be exchanged
is not necessary to the future foreseeable needs of such
county; and
(2) The real property to be acquired by such exchange
is necessary for the future foreseeable needs of such county;
and
(3) The value of the county real property to be exchanged is not more than the value of the real property to be
acquired by such exchange. [1965 ex.s. c 21 § 1.]
36.34.340 May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic,
scenic, or view purposes. Any county or city may acquire
by purchase, gift, devise, bequest, grant or exchange, title to
[Title 36 RCW—page 85]
36.34.340
Title 36 RCW: Counties
or any interests or rights in real property to be provided or
preserved for (a) park or recreational purposes, viewpoint or
greenbelt purposes, (b) the conservation of land or other
natural resources, or (c) historic, scenic, or view purposes.
[1965 ex.s. c 76 § 4.]
36.35.020 "Tax title lands" defined. The term "tax
title lands" as used in this chapter shall mean any tract of
land acquired by the county for lack of other bidders at a tax
foreclosure sale. [1972 ex.s. c 150 § 2.]
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by counties: RCW 64.04.130.
Historic preservation—Authority of county to acquire property: RCW
36.32.435.
Parks, county commissioners may designate name of: RCW 36.32.430.
36.35.070 Chapter as alternative. The provisions of
this chapter shall be deemed as alternatives to, and not be
limited by, the provisions of RCW 39.33.010, 36.34.130, and
36.35.140, nor shall the authority granted in this chapter be
held to be subjected to or qualified by the terms of such
statutory provisions. [1998 c 106 § 22; 1972 ex.s. c 150 §
8.]
Chapter 36.35
TAX TITLE LANDS
Sections
36.35.010
36.35.020
36.35.070
36.35.080
36.35.090
36.35.100
36.35.110
36.35.120
36.35.130
36.35.140
36.35.150
36.35.160
36.35.170
36.35.180
36.35.190
36.35.200
36.35.210
36.35.220
36.35.230
36.35.240
36.35.250
36.35.260
36.35.270
36.35.280
36.35.290
Purpose—Powers of county legislative authority as to tax
title lands.
"Tax title lands" defined.
Chapter as alternative.
Other lands not affected.
Chapter not affected by other acts.
County held tax-title property exempt.
Disposition of proceeds of sales.
Sales of tax-title property—Reservations—Notices—
Installment contracts—Separate sale of reserved resources.
Form of deed and reservation.
Rental of tax-title property on month to month tenancy authorized.
Tax-title property may be disposed of without bids in certain
cases.
Quieting title to tax-title property.
Quieting title to tax-title property—Form of action—
Pleadings.
Quieting title to tax-title property—Summons and notice.
Quieting title to tax-title property—Redemption before judgment.
Quieting title to tax-title property—Judgment.
Quieting title to tax-title property—Proof—Presumptions.
Quieting title to tax-title property—Appearance fee—Tender
of taxes.
Quieting title to tax-title property—Appellate review.
Quieting title to tax-title property—Effect of judgment.
Quieting title to tax-title property—Special assessments
payable out of surplus.
Quieting title to tax-title property—Form of deed on sale
after title quieted.
Quieting title to tax-title property—Limitation on recovery
for breach of warranty.
Tax deeds to cities and towns absolute despite reversionary
provision.
Easements.
36.35.010 Purpose—Powers of county legislative
authority as to tax title lands. The purpose of this chapter
is to increase the power of county legislative authorities over
tax title lands. The legislative authority of each county shall
have the power to devote tax title lands to public use under
its own control or the control of other governmental or
quasi-governmental agencies, to exchange such lands for
lands worth at least ninety percent of the value of the land
exchanged, and to manage such lands to produce maximum
revenue therefrom in the manner which derives the most
income from such lands. The further purpose of this chapter
is to relieve the courts of the obligation of supervising the
county legislative authorities in the management and disposition of tax title lands. [1972 ex.s. c 150 § 1.]
[Title 36 RCW—page 86]
36.35.080 Other lands not affected. Nothing in this
chapter shall affect any land deeded in trust to the department of natural resources or its successors pursuant to the
provisions of Title 76 RCW. [1988 c 128 § 7; 1972 ex.s. c
150 § 9.]
36.35.090 Chapter not affected by other acts.
Notwithstanding any provision of law to the contrary, or
provisions of law limiting the authority granted in this
chapter, the legislative authority of any county shall have the
authority to manage and exchange tax title lands heretofore
or hereafter acquired in the manner and on the terms and
conditions set forth in this chapter. [1972 ex.s. c 150 § 3.]
36.35.100 County held tax-title property exempt.
All property deeded to the county under the provisions of
this chapter shall be stricken from the tax rolls as county
property and exempt from taxation and shall not be again
assessed or taxed while the property of the county. The sale,
management, and leasing of tax title property shall be
handled as under chapter 36.35 RCW. [1998 c 106 § 13;
1961 c 15 § 84.64.220. Prior: 1925 ex.s. c 130 § 131; RRS
§ 11292; prior: 1899 c 141 § 27. Formerly RCW
84.64.220.]
36.35.110 Disposition of proceeds of sales. No
claims shall ever be allowed against the county from any
municipality, school district, road district or other taxing
district for taxes levied on property acquired by the county
by tax deed under the provisions of this chapter, but all taxes
shall at the time of deeding said property be thereby canceled: PROVIDED, That the proceeds of any sale of any
property acquired by the county by tax deed shall be justly
apportioned to the various funds existing at the date of the
sale, in the territory in which such property is located,
according to the tax levies of the year last in process of
collection. [1961 c 15 § 84.64.230. Prior: 1925 ex.s. c 130
§ 132; RRS § 11293; prior: 1899 c 141 § 28. Formerly
RCW 84.64.230.]
36.35.120
Sales of tax-title property—
Reservations—Notices—Installment contracts—Separate
sale of reserved resources. Real property acquired by any
county of this state by foreclosure of delinquent taxes may
be sold by order of the county legislative authority of the
county when in the judgment of the county legislative
(2002 Ed.)
Tax Title Lands
authority it is deemed in the best interests of the county to
sell the real property.
When the legislative authority desires to sell any such
property it may, if deemed advantageous to the county,
combine any or all of the several lots and tracts of such
property in one or more units, and may reserve from sale
coal, oil, gas, gravel, minerals, ores, fossils, timber, or other
resources on or in the lands, and the right to mine for and
remove the same, and it shall then enter an order on its
records fixing the unit or units in which the property shall be
sold and the minimum price for each of such units, and
whether the sale will be for cash or whether a contract will
be offered, and reserving from sale such of the resources as
it may determine and from which units such reservations
shall apply, and directing the county treasurer to sell such
property in the unit or units and at not less than the price or
prices and subject to such reservations so fixed by the
county legislative authority. The order shall be subject to
the approval of the county treasurer if several lots or tracts
of land are combined in one unit.
Except in cases where the sale is to be by direct
negotiation as provided in RCW 36.35.150, it shall be the
duty of the county treasurer upon receipt of such order to
publish once a week for three consecutive weeks a notice of
the sale of such property in a newspaper of general circulation in the county where the land is situated. The notice
shall describe the property to be sold, the unit or units, the
reservations, and the minimum price fixed in the order,
together with the time and place and terms of sale, in the
same manner as foreclosure sales as provided by RCW
84.64.080.
The person making the bid shall state whether he or she
will pay cash for the amount of his or her bid or accept a
real estate contract of purchase in accordance with the
provisions hereinafter contained. The person making the
highest bid shall become the purchaser of the property. If
the highest bidder is a contract bidder the purchaser shall be
required to pay thirty percent of the total purchase price at
the time of the sale and shall enter into a contract with the
county as vendor and the purchaser as vendee which shall
obligate and require the purchaser to pay the balance of the
purchase price in ten equal annual installments commencing
November 1st and each year following the date of the sale,
and shall require the purchaser to pay twelve percent interest
on all deferred payments, interest to be paid at the time the
annual installment is due; and may contain a provision
authorizing the purchaser to make payment in full at any
time of any balance due on the total purchase price plus accrued interest on such balance. The contract shall contain a
provision requiring the purchaser to pay before delinquency
all subsequent taxes and assessments that may be levied or
assessed against the property subsequent to the date of the
contract, and shall contain a provision that time is of the essence of the contract and that in event of a failure of the
vendee to make payments at the time and in the manner
required and to keep and perform the covenants and conditions therein required of him or her that the contract may be
forfeited and terminated at the election of the vendor, and
that in event of the election all sums theretofore paid by the
vendee shall be forfeited as liquidated damages for failure to
comply with the provisions of the contract; and shall require
the vendor to execute and deliver to the vendee a deed of
(2002 Ed.)
36.35.120
conveyance covering the property upon the payment in full
of the purchase price, plus accrued interest.
The county legislative authority may, by order entered
in its records, direct the coal, oil, gas, gravel, minerals, ores,
timber, or other resources sold apart from the land, such sale
to be conducted in the manner hereinabove prescribed for the
sale of the land. Any such reserved minerals or resources
not exceeding two hundred dollars in value may be sold,
when the county legislative authority deems it advisable,
either with or without such publication of the notice of sale,
and in such manner as the county legislative authority may
determine will be most beneficial to the county. [2001 c 299
§ 10; 1993 c 310 § 1; 1991 c 245 § 30; 1981 c 322 § 7;
1965 ex.s. c 23 § 5; 1961 c 15 § 84.64.270. Prior: 1945 c
172 § 1; 1937 c 68 § 1; 1927 c 263 § 1; 1925 ex.s. c 130 §
133; Rem. Supp. 1945 § 11294; prior: 1903 c 59 § 1; 1899
c 141 § 29; 1890 p 579 § 124; Code 1881 § 2934. Formerly
RCW 84.64.270, 84.64.280, 84.64.290, and 84.64.270.]
City may acquire property from county before resale: RCW 35.49.150.
Disposition of proceeds upon resale
generally: RCW 35.49.160.
of property subject to diking, drainage or sewerage improvement district
assessments: RCW 85.08.500.
Exchange, lease, management of county tax title lands: Chapter 36.35
RCW.
Tax title land
conveyance of to port districts: RCW 53.25.050.
may be deeded to department of natural resources for reforestation
purposes: RCW 76.12.020.
may be leased for mineral, gas and petroleum development: Chapter
78.16 RCW.
36.35.130 Form of deed and reservation. The
county treasurer shall upon payment to the county treasurer
of the purchase price for the property and any interest due,
make and execute under the county treasurer’s hand and
seal, and issue to the purchaser, a deed in the following form
for any lots or parcels of real property sold under the
provisions of RCW 36.35.120.
State of Washington
County of
......
⎫
⎬ ss.
âŽ
This indenture, made this . . . . day of . . . . . .,
. . (year) . ., between . . . . . ., as treasurer of . . . . . .
county, state of Washington, the party of the first part, and
. . . . . ., party of the second part.
WITNESSETH, That whereas, at a public sale of real
property, held on the . . . . day of . . . . . ., . . (year) . .,
pursuant to an order of the county legislative authority of the
county of . . . . . ., state of Washington, duly made and
entered, and after having first given due notice of the time
and place and terms of the sale, and, whereas, in pursuance
of the order of the county legislative authority, and of the
laws of the state of Washington, and for and in consideration
of the sum of . . . . . . dollars, lawful money of the United
States of America, to me in hand paid, the receipt whereof
is hereby acknowledged, I have this day sold to . . . . . . the
following described real property, and which the real
property is the property of . . . . . . county, and which is
particularly described as follows, to wit: . . . . . . . . ., the
. . . . . . being the highest and best bidder at the sale, and the
sum being the highest and best sum bid at the sale;
[Title 36 RCW—page 87]
36.35.130
Title 36 RCW: Counties
NOW, THEREFORE, Know ye that I, . . . . . ., county
treasurer of the county of . . . . . ., state of Washington, in
consideration of the premises and by virtue of the statutes of
the state of Washington, in such cases made and provided,
do hereby grant and convey unto . . . . . ., heirs and assigns,
forever, the real property hereinbefore described, as fully and
completely as the party of the first part can by virtue of the
premises convey the same.
Given under my hand and seal of office this . . . . day
of . . . . . ., . . (year) . .
...................
County Treasurer,
By . . . . . . . . . . . . . . . . . . .
Deputy:
PROVIDED, That when by order of the county legislative
authority any of the minerals or other resources enumerated
in RCW 36.35.120 are reserved, the deed or contract of
purchase shall contain the following reservation:
The party of the first part hereby expressly saves,
excepts and reserves out of the grant hereby made, unto
itself, its successors, and assigns, forever, all oils, gases,
coals, ores, minerals, gravel, timber and fossils of every
name, kind or description, and which may be in or upon the
lands above described; or any part thereof, and the right to
explore the same for such oils, gases, coal, ores, minerals,
gravel, timber and fossils; and it also hereby expressly saves
reserves out of the grant hereby made, unto itself, its
successors and assigns, forever, the right to enter by itself,
its agents, attorneys and servants upon the lands, or any part
or parts thereof, at any and all times, for the purpose of
opening, developing and working mines thereon, and taking
out and removing therefrom all such oils, gases, coal, ores,
minerals, gravel, timber and fossils, and to that end it further
expressly reserves out of the grant hereby made, unto itself,
its successors and assigns, forever, the right by it or its
agents, servants and attorneys at any and all times to erect,
construct, maintain and use all such buildings, machinery,
roads and railroads, sink such shafts, remove such oil, and
to remain on the lands or any part thereof, for the business
of mining and to occupy as much of the lands as may be
necessary or convenient for the successful prosecution of
such mining business, hereby expressly reserving to itself, its
successors and assigns, as aforesaid, generally, all rights and
powers in, to and over, the land, whether herein expressed
or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and
the rights hereby expressly reserved. No rights shall be
exercised under the foregoing reservation, by the county, its
successors or assigns, until provision has been made by the
county, its successors or assigns, to pay to the owner of the
land upon which the rights herein reserved to the county, its
successors or assigns, are sought to be exercised, full
payment for all damages sustained by the owner, by reason
of entering upon the land: PROVIDED, That if the owner
from any cause whatever refuses or neglects to settle the
damages, then the county, its successors or assigns, or any
applicant for a lease or contract from the county for the
purpose of prospecting for or mining valuable minerals, or
operation contract, or lease, for mining coal, or lease for
extracting petroleum or natural gas, shall have the right to
institute such legal proceedings in the superior court of the
[Title 36 RCW—page 88]
county wherein the land is situated, as may be necessary to
determine the damages which the owner of the land may
suffer: PROVIDED, The county treasurer shall cross out of
such reservation any of the minerals or other resources
which were not reserved by order of the county legislative
authority. [1998 c 106 § 14; 1961 c 15 § 84.64.300. Prior:
1945 c 172 § 2; 1927 c 263 § 2; 1925 ex.s. c 130 § 134;
Rem. Supp. 1945 § 11295; prior: 1903 c 59 § 5; 1890 p
577 § 119; Code 1881 § 2938. Formerly RCW 84.64.300.]
36.35.140 Rental of tax-title property on month to
month tenancy authorized. The board of county commissioners of any county may, pending sale of any county
property acquired by foreclosure of delinquent taxes, rent
any portion thereof on a tenancy from month to month.
From the proceeds of the rentals the board of county
commissioners shall first pay all expense in management of
said property and in repairing, maintaining and insuring the
improvements thereon, and the balance of said proceeds shall
be paid to the various taxing units interested in the taxes levied against said property in the same proportion as the
current tax levies of the taxing units having levies against
said property. [1961 c 15 § 84.64.310. Prior: 1945 c 170
§ 1; Rem. Supp. 1945 § 11298-1. Formerly RCW
84.64.310.]
36.35.150 Tax-title property may be disposed of
without bids in certain cases. The county legislative
authority may dispose of tax foreclosed property by private
negotiation, without a call for bids, for not less than the
principal amount of the unpaid taxes in any of the following
cases: (1) When the sale is to any governmental agency and
for public purposes; (2) when the county legislative authority
determines that it is not practical to build on the property
due to the physical characteristics of the property or legal
restrictions on construction activities on the property; (3)
when the property has an assessed value of less than five
hundred dollars and the property is sold to an adjoining landowner; or (4) when no acceptable bids were received at the
attempted public auction of the property, if the sale is made
within twelve months from the date of the attempted public
auction. [2001 c 299 § 11; 1997 c 244 § 2; 1993 c 310 § 2;
1961 c 15 § 84.64.320. Prior: 1947 c 238 § 1; Rem. Supp.
1947 § 11295-1. Formerly RCW 84.64.320.]
Effective date—1997 c 244: See note following RCW 84.36.015.
36.35.160 Quieting title to tax-title property. In any
and all instances in this state in which a treasurer’s deed to
real property has been or shall be issued to the county in
proceedings to foreclose the lien of general taxes, and for
any reason a defect in title exists or adverse claims against
the same have not been legally determined, the county or its
successors in interest or assigns shall have authority to
institute an action in the superior court in the county to
correct such defects, and to determine such adverse claims
and the priority thereof as provided in RCW 36.35.160
through 36.35.270. [1998 c 106 § 15; 1961 c 15 §
84.64.330. Prior: 1931 c 83 § 1; 1925 ex.s. c 171 § 1; RRS
§ 11308-1. Formerly RCW 84.64.330.]
(2002 Ed.)
Tax Title Lands
36.35.170 Quieting title to tax-title property—Form
of action—Pleadings. The county or its successors in
interest or assigns shall have authority to include in one
action any and all tracts of land in which plaintiff or plaintiffs in such action, jointly or severally, has or claims to
have an interest. Such action shall be one in rem as against
every right and interest in and claim against any and every
part of the real property involved, except so much thereof as
may be at the time the summons and notice is filed with the
clerk of the superior court in the actual, open and notorious
possession of any person or corporation, and then except
only as to the interest claimed by such person so in possession: PROVIDED, That the possession required under
the provisions of RCW 36.35.160 through 36.35.270 shall be
construed to be that by personal occupancy only, and not
merely by representation or in contemplation of law. No
person, firm or corporation claiming an interest in or to such
lands need be specifically named in the summons and notice,
except as in RCW 36.35.160 through 36.35.270, and no
pleadings other than the summons and notice and the written
statements of those claiming a right, title and interest in and
to the property involved shall be required. [1998 c 106 §
16; 1961 c 15 § 84.64.340. Prior: 1931 c 83 § 2; 1925
ex.s. c 171 § 2; RRS § 11308-2. Formerly RCW 84.64.340.]
36.35.180 Quieting title to tax-title property—
Summons and notice. Upon filing a copy of the summons
and notice in the office of the county clerk, service thereof
as against every interest in and claim against any and every
part of the property described in such summons and notice,
and every person, firm, or corporation, except one who is in
the actual, open and notorious possession of any of the
properties, shall be had by publication in the official county
newspaper for six consecutive weeks; and no affidavit for
publication of such summons and notice shall be required.
In case special assessments imposed by a city or town
against any of the real property described in the summons
and notice remain outstanding, a copy of the same shall be
served on the treasurer of the city or town within which such
real property is situated within five days after such summons
and notice is filed.
The summons and notice in such action shall contain the
title of the court; specify in general terms the years for
which the taxes were levied and the amount of the taxes and
the costs for which each tract of land was sold; give the
legal description of each tract of land involved, and the tax
record owner thereof during the years in which the taxes for
which the property was sold were levied; state that the
purpose of the action is to foreclose all adverse claims of
every nature in and to the property described, and to have
the title of existing liens and claims of every nature against
the described real property, except that of the county, forever
barred.
The summons and notice shall also summon all persons,
firms and corporations claiming any right, title and interest
in and to the described real property to appear within sixty
days after the date of the first publication, specifying the day
and year, and state in writing what right, title and interest
they have or claim to have in and to the property described,
and file the same with the clerk of the court above named;
and shall notify them that in case of their failure so to do,
(2002 Ed.)
36.35.170
judgment will be rendered determining that the title to the
real property is in the county free from all existing adverse
interests, rights or claims whatsoever: PROVIDED, That in
case any of the lands involved is in the actual, open and
notorious possession of anyone at the time the summons and
notice is filed, as herein provided, a copy of the same
modified as herein specified shall be served personally upon
such person in the same manner as summons is served in
civil actions generally. The summons shall be substantially
in the form above outlined, except that in lieu of the statement relative to the date and day of publication it shall
require the person served to appear within twenty days after
the day of service, exclusive of the date of service, and that
the day of service need not be specified therein, and except
further that the recitals regarding the amount of the taxes and
costs and the years the same were levied, the legal description of the land and the tax record owner thereof may
be omitted except as to the land occupied by the persons
served.
Every summons and notice provided for in RCW
36.35.160 through 36.35.270 shall be subscribed by the
prosecuting attorney of the county, or by any successor or
assign of the county or his attorney, as the case may be,
followed by the post office address of the successor or
assign. [1998 c 106 § 17; 1961 c 15 § 84.64.350. Prior:
1931 c 83 § 3; 1925 ex.s. c 171 § 3; RRS § 11308-3.
Formerly RCW 84.64.350.]
36.35.190 Quieting title to tax-title property—
Redemption before judgment. Any person, firm or
corporation who or which may have been entitled to redeem
the property involved prior to the issuance of the treasurer’s
deed to the county, and his or its successor in interest, shall
have the right, at any time after the commencement of, and
prior to the judgment in the action authorized herein, to
redeem such property by paying to the county treasurer the
amount of the taxes for which the property was sold to the
county, and the amount of any other general taxes which
may have accrued prior to the issuance of said treasurer’s
deed, together with interest on all such taxes from the date
of delinquency thereof, respectively, at the rate of twelve
percent per annum, and by paying for the benefit of the assessment district concerned the amount of principal, penalty
and interest of all special assessments, if any, which shall
have been levied against such property and by paying such
proportional part of the costs of the tax foreclosure proceedings and of the action herein authorized as the county
treasurer shall determine.
Upon redemption of any property before judgment as
herein provided, the county treasurer shall issue to the
redemptioner a certificate specifying the amount of the taxes,
special assessments, penalty, interest and costs charged
describing the land and stating that the taxes, special assessments, penalty, interest and costs specified have been fully
paid, and the lien thereof discharged. Such certificate shall
clear the land described therein from any claim of the county
based on the treasurer’s deed previously issued in the tax
foreclosure proceedings. [1961 c 15 § 84.64.360. Prior:
1925 ex.s. c 171 § 4; RRS § 11308-4. Formerly RCW
84.64.360.]
[Title 36 RCW—page 89]
36.35.200
Title 36 RCW: Counties
36.35.200 Quieting title to tax-title property—
Judgment. At any time after the return day named in the
summons and notice the plaintiff in the cause shall be
entitled to apply for judgment. In case any person has
appeared in such action and claimed any interest in the real
property involved adverse to that of the county or its
successors in interest, such person shall be given a three
days’ notice of the time when application for judgment shall
be made. The court shall hear and determine the matter in
a summary manner similar to that provided in RCW
84.64.080, relating to judgment and order of sale in general
tax foreclosure proceedings, and shall pronounce and enter
judgment according to the rights of the parties and persons
concerned in the action. No order of sale shall be made nor
shall any sale on execution be necessary to determine the
title of the county to the real property involved in such
action. [1961 c 15 § 84.64.370. Prior: 1931 c 83 § 4; 1925
ex.s. c 171 § 5; RRS § 11308-5. Formerly RCW 84.64.370.]
36.35.210 Quieting title to tax-title property—
Proof—Presumptions. The right of action of the county, its
successors or assigns, under RCW 36.35.160 through
36.35.270 shall rest on the validity of the taxes involved, and
the plaintiff shall be required to prove only the amount of
the former judgment foreclosing the lien thereof, together
with the costs of the foreclosure and sale of each tract of
land for the taxes, and all the presumptions in favor of the
tax foreclosure sale and issuance of treasurer’s deed existing
by law shall obtain in the action. [1998 c 106 § 18; 1961 c
15 § 84.64.380. Prior: 1931 c 83 § 5; 1925 ex.s. c 171 §
6; RRS § 11308-6. Formerly RCW 84.64.380.]
36.35.220 Quieting title to tax-title property—
Appearance fee—Tender of taxes. Any person filing a
statement in such action shall pay the clerk of the court an
appearance fee in the amount required by the county for
appearances in civil actions, and shall be required to tender
the amount of all taxes, interest and costs charged against
the real property to which he lays claim, and no further costs
in such action shall be required or recovered. [1961 c 15 §
84.64.390. Prior: 1925 ex.s. c 171 § 7; RRS § 11308-7.
Formerly RCW 84.64.390.]
36.35.230 Quieting title to tax-title property—
Appellate review. Any person aggrieved by the judgment
rendered in such action may seek appellate review of the
part of said judgment objectionable to him in the manner and
within the time prescribed for appeals in RCW 84.64.120.
[1988 c 202 § 71; 1971 c 81 § 155; 1961 c 15 § 84.64.400.
Prior: 1925 ex.s. c 171 § 8; 1925 ex.s. c 130 § 121; RRS §
11308-8; prior: 1903 c 59 § 4; 1897 c 71 § 104; 1893 c 124
§ 106. Formerly RCW 84.64.400.]
Severability—1988 c 202: See note following RCW 2.24.050.
36.35.240 Quieting title to tax-title property—Effect
of judgment. The judgment rendered in such action, unless
appealed from within the time prescribed herein and upon
final judgment on appeal, shall be conclusive, without the
right of redemption upon and against every person who may
or could claim any lien or any right, title or interest in or to
any of the properties involved in said action, including
[Title 36 RCW—page 90]
minors, insane persons, those convicted of crime, as well as
those free from disability, and against those who may have
at any time attempted to pay any tax on any of the properties, and against those in actual open and notorious possession of any of said properties.
Such judgment shall be conclusive as to those who
appeal therefrom, except as to the particular property to
which such appellant laid claim in the action and concerning
which he appealed, and shall be conclusive as to those in
possession of any property and who were not served except
as to the property which such person is in the actual, open
and notorious possession of, and in any case where it is
asserted that the judgment was not conclusive because of
such possession, the burden of showing such actual, open
and notorious possession shall be on the one asserting such
possession. [1961 c 15 § 84.64.410. Prior: 1925 ex.s. c
171 § 9; RRS § 11308-9. Formerly RCW 84.64.410.]
36.35.250 Quieting title to tax-title property—
Special assessments payable out of surplus. Nothing in
RCW 36.35.160 through 36.35.270 contained shall be construed to deprive any city, town, or other unit of local
government that imposed special assessments on the property
by including the property in a local improvement or special
assessment district of its right to reimbursement for special
assessments out of any surplus over and above the taxes,
interest and costs involved. [1998 c 106 § 19; 1961 c 15 §
84.64.420. Prior: 1925 ex.s. c 171 § 10; RRS § 11308-10.
Formerly RCW 84.64.420.]
36.35.260 Quieting title to tax-title property—Form
of deed on sale after title quieted. That in all cases where
any county of the state of Washington has perfected title to
real estate owned by the county, under the provisions of
RCW 36.35.160 through 36.35.270 and resells the same or
part thereof, it shall give to the purchaser a warranty deed in
substantially the following form:
STATE OF WASHINGTON
County of
......
⎫
⎬ ss.
âŽ
This indenture, made this . . . . day of . . . . . .
. . (year) . ., between . . . . . . as treasurer of . . . . . . county,
state of Washington, the party of the first part, and . . . . . .,
party of the second part.
WITNESSETH, THAT WHEREAS, at a public sale of
real property, held on the . . . . day of . . . . . . . . (year) . .,
pursuant to an order of the county legislative authority of the
county of . . . . . ., state of Washington, duly made and
entered, and after having first given due notice of the time
and place and terms of the sale, and, whereas, in pursuance
of the order of the county legislative authority, and of the
laws of the state of Washington, and for and in consideration
of the sum of . . . . . . dollars, lawful money of the United
States of America, to me in hand paid, the receipt whereof
is hereby acknowledged, I have this day sold to . . . . . . the
following described real property, and which the real
property is the property of . . . . . . county, and which is
particularly described as follows, to wit:
(2002 Ed.)
Tax Title Lands
. . . . . ., the . . . . . . being the highest and best bidder
at the sale, and the sum being the highest and best sum bid
at the sale:
NOW THEREFORE KNOW YE that I, . . . . . . county
treasurer of the county of . . . . . ., state of Washington, in
consideration of the premises and by virtue of the statutes of
the state of Washington, in such cases made and provided,
do hereby grant, convey and warrant on behalf of . . . . . .
county unto . . . . . ., his or her heirs and assigns, forever,
the real property hereinbefore described.
Given under my hand and seal of office this . . . . day
of . . . . . . , . . (year) . .
...................
County Treasurer.
By . . . . . . . . . . . . . . . . . . .
Deputy.
[1998 c 106 § 20; 1961 c 15 § 84.64.430. Prior: 1929 c
197 § 1; RRS § 11308-11. Formerly RCW 84.64.430.]
36.35.270 Quieting title to tax-title property—
Limitation on recovery for breach of warranty. No
recovery for breach of warranty shall be had, against the
county executing a deed under the provisions of RCW
36.35.260, in excess of the purchase price of the land
described in such deed, with interest at the legal rate. [1998
c 106 § 21; 1961 c 15 § 84.64.440. Prior: 1929 c 197 § 2;
RRS § 11308-12. Formerly RCW 84.64.440.]
36.35.280 Tax deeds to cities and towns absolute
despite reversionary provision. All sales of tax-title lands
heretofore consummated by any county, to a city or town,
for municipal purposes, or public use, shall be absolute and
final, and transfer title in fee, notwithstanding any reversionary provision in the tax deed to the contrary; and all tax-title
deeds containing any such reversionary provision shall upon
application of grantee in interest, be revised to conform with
the provisions herein. [1961 c 15 § 84.64.450. Prior: 1947
c 269 § 1; Rem. Supp. 1947 § 11295-2. Formerly RCW
84.64.450.]
36.35.290 Easements. The general property tax
assessed on any tract, lot, or parcel of real property includes
all easements appurtenant thereto, provided said easements
are a matter of public record in the auditor’s office of the
county in which said real property is situated. Any foreclosure of delinquent taxes on any tract, lot or parcel of real
property subject to such easement or easements, and any tax
deed issued pursuant thereto shall be subject to such easement or easements, provided such easement or easements
were established of record prior to the year for which the tax
was foreclosed. [1961 c 15 § 84.64.460. Prior: 1959 c 129
§ 1. Formerly RCW 84.64.460.]
Chapter 36.36
AQUIFER PROTECTION AREAS
Sections
36.36.010
36.36.020
(2002 Ed.)
Purpose.
Creation of aquifer protection area—Public hearing—Ballot
proposition.
36.35.260
36.36.030
Imposition of fees—Ballot proposition to authorize increased
fees or additional purposes.
36.36.035 Reduced fees for low-income persons.
36.36.040 Use of fee revenues.
36.36.045 Lien for delinquent fees.
36.36.050 Dissolution of aquifer protection area—Petition—Ballot
proposition.
36.36.900 Severability—1985 c 425.
Assessments and charges against state lands: Chapter 79.44 RCW.
36.36.010 Purpose. The protection of subterranean
water from pollution or degradation is of great concern. The
depletion of subterranean water is of great concern. The
purpose of this chapter is to allow the creation of aquifer
protection areas to finance the protection, preservation, and
rehabilitation of subterranean water, and to reduce special assessments imposed upon households to finance facilities for
such purposes. Pollution and degradation of subterranean
drinking water supplies, and the depletion of subterranean
drinking water supplies, pose immediate threats to the safety
and welfare of the citizens of this state. [1991 c 151 § 1;
1985 c 425 § 1.]
36.36.020 Creation of aquifer protection area—
Public hearing—Ballot proposition. The county legislative
authority of a county may create one or more aquifer
protection areas for the purpose of funding the protection,
preservation, and rehabilitation of subterranean water.
When a county legislative authority proposes to create
an aquifer protection area it shall conduct a public hearing
on the proposal. Notice of the public hearing shall be
published at least once, not less than ten days prior to the
hearing, in a newspaper of general circulation within the
proposed aquifer protection area. The public hearing may be
continued to other times, dates, and places announced at the
public hearing, without publication of the notice. At the
public hearing, the county legislative authority shall hear
objections and comments from anyone interested in the
proposed aquifer protection area.
After the public hearing, the county legislative authority
may adopt a resolution causing a ballot proposition to be
submitted to the registered voters residing within the
proposed aquifer protection area to authorize the creation of
the aquifer protection area, if the county legislative authority
finds that the creation of the aquifer protection area would
be in the public interest. The resolution shall: (1) Describe
the boundaries of the proposed aquifer protection area; (2)
find that its creation is in the public interest; (3) state the
maximum level of fees for the withdrawal of water, or onsite sewage disposal, occurring in the aquifer protection area,
or both; and (4) describe the uses for the fees.
An aquifer protection area shall be created by ordinances of the county if the voters residing in the proposed aquifer
protection area approve the ballot proposition by a simple
majority vote. The ballot proposition shall be in substantially the following form:
"Shall the . . . (insert the name) aquifer protection
area be created and authorized to impose monthly
fees on . . . (insert "the withdrawal of water" or
"on-site sewage disposal") of not to exceed . . .
(insert a dollar amount) per household unit for up
to . . . (insert a number of years) to finance . . .
[Title 36 RCW—page 91]
36.36.020
Title 36 RCW: Counties
(insert the type of activities proposed to be financed)?
Yes . . . . . . . . .
No . . . . . . . . ."
If both types of monthly fees are proposed to be imposed,
maximum rates for each shall be included in the ballot
proposition.
An aquifer protection area may not include territory
located within a city or town without the approval of the city
or town governing body, nor may it include territory located
in the unincorporated area of another county without the
approval of the county legislative authority of that county.
[1985 c 425 § 2.]
36.36.030 Imposition of fees—Ballot proposition to
authorize increased fees or additional purposes. Aquifer
protection areas are authorized to impose fees on the
withdrawal of subterranean water and on on-site sewage
disposal. The fees shall be expressed as a dollar amount per
household unit. Fees imposed for the withdrawal of water,
or on-site sewage disposal, other than by households shall be
expressed and imposed in equivalents of household units. If
both types of fees are imposed, the rate imposed on on-site
sewage disposal shall not exceed the rate imposed for the
withdrawal of water.
No fees shall be imposed in excess of the amount
authorized by the voters of the aquifer protection area. Fees
shall only be used for the activity or activities authorized by
the voters of the aquifer protection area. Ballot propositions
may be submitted to the voters of an aquifer protection area
to authorize a higher maximum level of such fees or to
authorize additional activities for which the fees may be
used. Such a ballot proposition shall be substantially in the
form of that portion of the proposition to authorize the creation of an aquifer protection district that relates to fees or
activities, as provided in RCW 36.36.020. Approval of the
ballot proposition by simple majority vote shall authorize the
higher maximum level of fees or additional activities for
which the fees may be used.
A county may contract with existing public utilities to
collect the fees, or collect the fees itself. [1985 c 425 § 3.]
36.36.035 Reduced fees for low-income persons. A
county may adopt an ordinance reducing the level of fees,
for the withdrawal of subterranean water or for on-site
sewage disposal, that are imposed upon the residential property of a class or classes of low-income persons. [1987 c
381 § 1.]
36.36.040 Use of fee revenues. Aquifer protection
areas may impose fees to fund:
(1) The preparation of a comprehensive plan to protect,
preserve, and rehabilitate subterranean water, including
ground water management programs adopted under chapter
90.44 RCW. This plan may be prepared as a portion of a
county sewerage and/or water general plan pursuant to RCW
36.94.030;
(2) The construction of facilities for: (a) The removal
of water-borne pollution; (b) water quality improvement; (c)
sanitary sewage collection, disposal, and treatment; (d) storm
[Title 36 RCW—page 92]
water or surface water drainage collection, disposal, and
treatment; and (e) the construction of public water systems;
(3) The proportionate reduction of special assessments
imposed by a county, city, town, or special district in the
aquifer protection area for any of the facilities described in
subsection (2) of this section;
(4) The costs of monitoring and inspecting on-site
sewage disposal systems or community sewage disposal
systems for compliance with applicable standards and rules,
and for enforcing compliance with these applicable standards
and rules in aquifer protection areas created after June 9,
1988; and
(5) The costs of: (a) Monitoring the quality and
quantity of subterranean water and analyzing data that is
collected; (b) ongoing implementation of the comprehensive
plan developed under subsection (1) of this section; (c)
enforcing compliance with standards and rules relating to the
quality and quantity of subterranean waters; and (d) public
education relating to protecting, preserving, and enhancing
subterranean waters. [1991 c 151 § 2; 1988 c 258 § 1; 1985
c 425 § 4.]
36.36.045 Lien for delinquent fees. The county shall
have a lien for any delinquent fees imposed for the withdrawal of subterranean water or on-site sewage disposal,
which shall attach to the property to which the fees were
imposed, if the following conditions are met:
(1) At least eighteen months have passed since the first
billing for a delinquent fee installment; and
(2) At least three billing notices and a letter have been
mailed to the property owner, within the period specified in
subsection (1) of this section, explaining that a lien may be
imposed for any delinquent fee installment that has not been
paid in that period.
The lien shall otherwise be subject to the provisions of
chapter 36.94 RCW related to liens for delinquent charges.
The county shall record liens for any delinquent fees in the
office of the county auditor. Failure on the part of the
county to record the lien does not affect the validity of the
lien. [1997 c 393 § 6; 1987 c 381 § 2.]
36.36.050 Dissolution of aquifer protection area—
Petition—Ballot proposition. A county legislative authority
may dissolve an aquifer protection area upon a finding that
such dissolution is in the public interest.
A ballot proposition to dissolve an aquifer protection
district shall be placed on the ballot for the approval or
rejection of the voters residing in an aquifer protection area,
when a petition requesting such a ballot proposition is signed
by at least twenty percent of the voters residing in the
aquifer protection area and is filed with the county legislative authority of the county originally creating the aquifer
protection area. The ballot proposition shall be placed on
the ballot at the next general election occurring sixty or more
days after the petition has been filed. Approval of the ballot
proposition by a simple majority vote shall cause the
dissolution of the aquifer protection area. [1985 c 425 § 5.]
36.36.900 Severability—1985 c 425. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
(2002 Ed.)
Aquifer Protection Areas
the provision to other persons or circumstances is not
affected. [1985 c 425 § 7.]
Chapter 36.37
AGRICULTURAL FAIRS AND POULTRY SHOWS
Sections
36.37.010
36.37.020
36.37.040
36.37.050
36.37.090
36.37.100
36.37.110
36.37.150
36.37.160
Fairs authorized—Declared county purpose.
Property may be acquired for fairs.
Expenditure of funds—Revolving fund—Management of
fairs.
District or multiple county fairs authorized.
Poultry shows—Petition—Appropriation.
Poultry shows—Open to public—Admission charge.
Poultry shows—Conduct of shows.
Lease of state-owned lands for county fairgrounds.
Lease of state-owned lands for county fairgrounds—Lands
adjacent to Northern State Hospital.
36.37.010 Fairs authorized—Declared county
purpose. The holding of county fairs and agricultural
exhibitions of stock, cereals, and agricultural produce of all
kinds, including dairy produce, as well as arts and manufactures, by any county in the state, and the participation by any
county in a district fair or agricultural exhibition, is declared
to be in the interest of public good and a strictly county
purpose. [1963 c 4 § 36.37.010. Prior: 1947 c 184 § 1;
1917 c 32 § 1; Rem. Supp. 1947 § 2750.]
36.37.020 Property may be acquired for fairs. The
board of county commissioners of any county in the state
may acquire by gift, devise, purchase, condemnation and
purchase, or otherwise, lands, property rights, leases,
easements, and all kinds of personal property and own and
hold the same and construct and maintain temporary or
permanent improvements suitable and necessary for the
purpose of holding and maintaining county or district fairs
for the exhibition of county or district resources and products. [1963 c 4 § 36.37.020. Prior: 1947 c 184 § 2; 1917
c 32 § 2; Rem. Supp. 1947 § 2751.]
36.37.040 Expenditure of funds—Revolving fund—
Management of fairs. The board of county commissioners
of any county may appropriate and expend each year such
sums of money as they deem advisable and necessary for (1)
acquisition of necessary grounds for fairs and world fairs, (2)
construction, improvement and maintenance of buildings
thereon, (3) payment of fair premiums, and (4) the general
maintenance of such fair. The board of county commissioners of any county may also authorize the county auditor to
provide a revolving fund to be used by the fair officials for
the conduct of the fair. The board of county commissioners
may employ persons to assist in the management of fairs or
by resolution designate a nonprofit corporation as the
exclusive agency to operate and manage such fairs. [1963
c 4 § 36.37.040. Prior: 1957 c 124 § 1; 1955 c 297 § 1;
prior: (i) 1947 c 184 § 3; 1943 c 101 § 1; 1923 c 83 § 2;
Rem. Supp. 1947 § 2753 1/2. (ii) 1923 c 83 § 1; 1917 c 32
§ 4; RRS § 2753.]
36.37.050 District or multiple county fairs authorized. Each county is authorized to hold one county fair in
(2002 Ed.)
36.36.900
each year, or, as an alternative, to participate with any other
county or counties in the holding of a district fair. Where
counties participate in the holding of a district fair, the
boards of county commissioners of each of participating
counties may enter into mutual agreements setting forth the
manner and extent of the participation by each county in the
management and support of the district fair, subject to the
limitations imposed on each respective county by the
provisions of this chapter. [1963 c 4 § 36.37.050. Prior:
1947 c 184 § 4; Rem. Supp. 1947 § 2753a.]
36.37.090 Poultry shows—Petition—Appropriation.
Upon petition of twenty-five resident taxpayers of any
county who are interested in the poultry industry, the board
of county commissioners may set aside and include in its
annual budget a sum equivalent to five percent of the
assessed valuation of poultry in the county each year for the
purpose of holding winter poultry shows, the said sum not
to exceed five hundred dollars in any one year. [1963 c 4
§ 36.37.090. Prior: 1929 c 109 § 1; RRS § 2755-1.]
36.37.100 Poultry shows—Open to public—
Admission charge. All poultry shows shall be open to the
public. Such admission charge may be made as is authorized by the board of county commissioners. [1963 c 4 §
36.37.100. Prior: 1929 c 109 § 2; RRS § 2755-2.]
36.37.110 Poultry shows—Conduct of shows. All
such poultry shows shall be held under the rules of the
American Poultry Association and only licensed poultry
judges shall be employed thereat. [1963 c 4 § 36.37.110.
Prior: 1929 c 109 § 3; RRS § 2755-3.]
36.37.150 Lease of state-owned lands for county
fairgrounds. If requested by a county legislative authority,
an agency of the state managing state-owned lands, other
than state trust lands, shall consider leasing a requested portion of these lands that are not used for any significant
purpose and if not otherwise prohibited, to the county to be
used as county fairgrounds. If it is determined that such a
lease shall be made, the agency in setting lease charges shall
consider the fair market return for leasing the land, the
public benefit for leasing the land to the county for county
fair purposes at a level below the fair market return, and
other appropriate factors. [1986 c 307 § 3.]
Intent—1986 c 307: "The legislature finds that county fairs provide
unique educational opportunities to the people of this state and are a public
purpose. By helping counties acquire lands for county fairs, the legislature
intends to preserve and enhance the educational opportunities of the people
of this state." [1986 c 307 § 1.]
36.37.160 Lease of state-owned lands for county
fairgrounds—Lands adjacent to Northern State Hospital.
If requested by a county legislative authority, the department
of natural resources shall negotiate a lease for any requested
portion of the state lands directly adjacent to buildings on
the Northern State Hospital site that were transferred to the
department under chapter 178, Laws of 1974 ex. sess., if not
otherwise prohibited, to the county to use for the purpose of
establishing county fairgrounds. However, the portion to be
leased shall be contiguous and compact, of an area not to
[Title 36 RCW—page 93]
36.37.160
Title 36 RCW: Counties
exceed two hundred fifty acres and shall be segregated in
such a manner that the remaining portion of these state lands
can be efficiently managed by the department. The lease
shall be for as long as the county is actually using the land
as the site of the county fairgrounds. Notwithstanding
chapter 178, Laws of 1974 ex. sess., the department shall
charge the county the sum of one thousand dollars per year
for the lease of such lands and this sum may be periodically
adjusted to compensate the department for any increased
costs in administration of the lease. The lease shall contain
provisions directing payment of all assessments and authorizing the county to place any improvements on the leased
lands if the improvements are consistent with the purposes
of county fairs. [1986 c 307 § 2.]
Intent—1986 c 307: See note following RCW 36.37.150.
Chapter 36.38
ADMISSIONS TAX
Sections
36.38.010
36.38.020
36.38.030
36.38.040
Taxes authorized—Exception as to schools.
Optional provisions in ordinance.
Form of ordinance.
Vehicle parking charges tax—Parking facility at stadium and
exhibition center—Use of revenues before and after
issuance of bonds.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
36.38.010 Taxes authorized—Exception as to
schools. (1) Any county may by ordinance enacted by its
county legislative authority, levy and fix a tax of not more
than one cent on twenty cents or fraction thereof to be paid
for county purposes by persons who pay an admission
charge to any place, including a tax on persons who are
admitted free of charge or at reduced rates to any place for
which other persons pay a charge or a regular higher charge
for the same or similar privileges or accommodations; and
require that one who receives any admission charge to any
place shall collect and remit the tax to the county treasurer
of the county: PROVIDED, No county shall impose such
tax on persons paying an admission to any activity of any
elementary or secondary school or any public facility of a
public facility district under chapter 35.57 or 36.100 RCW
for which a tax is imposed under RCW 35.57.100 or
36.100.210.
(2) As used in this chapter, the term "admission charge"
includes a charge made for season tickets or subscriptions,
a cover charge, or a charge made for use of seats and tables,
reserved or otherwise, and other similar accommodations; a
charge made for food and refreshments in any place where
any free entertainment, recreation, or amusement is provided;
a charge made for rental or use of equipment or facilities for
purpose of recreation or amusement, and where the rental of
the equipment or facilities is necessary to the enjoyment of
a privilege for which a general admission is charged, the
combined charges shall be considered as the admission
charge. It shall also include any automobile parking charge
where the amount of such charge is determined according to
the number of passengers in any automobile.
(3) Subject to subsections (4) and (5) of this section, the
tax herein authorized shall not be exclusive and shall not
prevent any city or town within the taxing county, when
[Title 36 RCW—page 94]
authorized by law, from imposing within its corporate limits
a tax of the same or similar kind: PROVIDED, That
whenever the same or similar kind of tax is imposed by any
such city or town, no such tax shall be levied within the
corporate limits of such city or town by the county.
(4) Notwithstanding subsection (3) of this section, the
legislative authority of a county with a population of one
million or more may exclusively levy taxes on events in
baseball stadiums constructed on or after January 1, 1995,
that are owned by a public facilities district under chapter
36.100 RCW and that have seating capacities over forty
thousand at the rates of:
(a) Not more than one cent on twenty cents or fraction
thereof, to be used for the purpose of paying the principal
and interest payments on bonds issued by a county to
construct a baseball stadium as defined in RCW 82.14.0485.
If the revenue from the tax exceeds the amount needed for
that purpose, the excess shall be placed in a contingency
fund which may only be used to pay unanticipated capital
costs on the baseball stadium, excluding any cost overruns
on initial construction; and
(b) Not more than one cent on twenty cents or fraction
thereof, to be used for the purpose of paying the principal
and interest payments on bonds issued by a county to
construct a baseball stadium as defined in RCW 82.14.0485.
The tax imposed under this subsection (4)(b) shall expire
when the bonds issued for the construction of the baseball
stadium are retired, but not later than twenty years after the
tax is first collected.
(5) Notwithstanding subsection (3) of this section, the
legislative authority of a county that has created a public
stadium authority to develop a stadium and exhibition center
under RCW 36.102.050 may levy and fix a tax on charges
for admission to events in a stadium and exhibition center,
as defined in RCW 36.102.010, constructed in the county on
or after January 1, 1998, that is owned by a public stadium
authority under chapter 36.102 RCW. The tax shall be exclusive and shall preclude the city or town within which the
stadium and exhibition center is located from imposing a tax
of the same or similar kind on charges for admission to
events in the stadium and exhibition center, and shall preclude the imposition of a general county admissions tax on
charges for admission to events in the stadium and exhibition
center. For the purposes of this subsection, "charges for
admission to events" means only the actual admission
charge, exclusive of taxes and service charges and the value
of any other benefit conferred by the admission. The tax
authorized under this subsection shall be at the rate of not
more than one cent on ten cents or fraction thereof. Revenues collected under this subsection shall be deposited in the
stadium and exhibition center account under RCW
43.99N.060 until the bonds issued under RCW 43.99N.020
for the construction of the stadium and exhibition center are
retired. After the bonds issued for the construction of the
stadium and exhibition center are retired, the tax authorized
under this section shall be used exclusively to fund repair,
reequipping, and capital improvement of the stadium and
exhibition center. The tax under this subsection may be
levied upon the first use of any part of the stadium and
exhibition center but shall not be collected at any facility
already in operation as of July 17, 1997. [1999 c 165 § 20;
1997 c 220 § 301 (Referendum Bill No. 48, approved June
(2002 Ed.)
Admissions Tax
17, 1997); 1995 3rd sp.s. c 1 § 203; 1995 1st sp.s. c 14 § 9;
1963 c 4 § 36.38.010. Prior: 1957 c 126 § 2; 1951 c 34 §
1; 1943 c 269 § 1; Rem. Supp. 1943 § 11241-10.]
Severability—1999 c 164: See RCW 35.57.900.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
36.38.020 Optional provisions in ordinance. In
addition to the provisions levying and fixing the amount of
tax, the ordinance may contain any or all of the following
provisions:
(1) A provision defining the words and terms used
therein;
(2) A provision requiring the price (exclusive of the tax
to be paid by the person paying for admission) at which
every admission ticket or card is sold to be conspicuously
and indelibly printed or written on the face or back of that
part of the ticket which is to be taken up by the management
of the place for which an admission charge is exacted, and
making the violation of such provision a misdemeanor
punishable by fine of not exceeding one hundred dollars;
(3) Provisions fixing reasonable exemptions from such
tax;
(4) Provisions allowing as an offset against the tax, the
amount of like taxes levied, fixed, and collected within their
jurisdiction by incorporated cities and towns in the county;
(5) A provision requiring persons receiving payments
for admissions taxed under said ordinance to collect the
amount of the tax from the persons making such payments;
(6) A provision to the effect that the tax imposed by
said ordinance shall be deemed to be held in trust by the
person required to collect the same until paid to the county
treasurer, and making it a misdemeanor for any person
receiving payment of the tax and appropriating or converting
the same to his own use or to any use other than the
payment of the tax as provided in said ordinance to the
extent that the amount of such tax is not available for
payment on the due date for filing returns as provided in
said ordinance;
(7) A provision that in case any person required by the
ordinance to collect the tax imposed thereby fails to collect
the same, or having collected the tax fails to pay the same
to the county treasurer in the manner prescribed by the
ordinance, whether such failure is the result of such person’s
own acts or the result of acts or conditions beyond such
person’s control, such person shall nevertheless be personally
liable to the county for the amount of the tax;
(8) Provisions fixing the time when the taxes imposed
by the ordinance shall be due and payable to the county
treasurer; requiring persons receiving payments for admissions to make periodic returns to the county treasurer on
such forms and setting forth such information as the county
treasurer may specify; requiring such return to show the
amount of tax upon admissions for which such person is
(2002 Ed.)
36.38.010
liable for specified preceding periods, and requiring such
person to sign and transmit the same to the county treasurer
together with a remittance for the amount;
(9) A provision requiring taxpayers to file with the
county treasurer verified annual returns setting forth such
additional information as he may deem necessary to determine tax liability correctly;
(10) A provision to the effect that whenever a certificate
of registration, if required by the ordinance, is obtained for
operating or conducting temporary places of amusement by
persons who are not the owners, lessees, or custodians of the
building, lot or place where the amusement is to be conducted, or whenever the business is permitted to be conducted
without the procurement of a certificate, the tax imposed
shall be returned and paid as provided in the ordinance by
such owner, lessee, or custodian, unless paid by the person
conducting the place of amusement;
(11) A provision requiring the applicant for a temporary
certificate of registration, if required by the ordinance, to
furnish with the application therefor, the name and address
of the owner, lessee, or custodian of the premises upon
which the amusement is to be conducted, and requiring the
county treasurer to notify such owner, lessee, or custodian of
the issuance of any such temporary certificate, and of the
joint liability for such tax;
(12) A provision empowering the county treasurer to
declare the tax upon temporary or itinerant places of amusement to be immediately due and payable and to collect the
same, when he believes there is a possibility that the tax
imposed under the ordinance will not be otherwise paid;
(13) Any or all of the applicable general administrative
provisions contained in RCW 82.32.010 through 82.32.340
and 82.32.380, and the amendments thereto, except that
unless otherwise indicated by the context of said sections, in
all provisions so incorporated in such ordinance (a) the term
"county treasurer" (of the county enacting said ordinance)
shall be substituted for each reference made in said sections
to the "department," the "department of revenue," "any employee of the department," or "director of the department of
revenue"; (b) the name of the county enacting such ordinance shall be substituted for each reference made in said
sections to the "state" or to the "state of Washington"; (c) the
term "this ordinance" shall be substituted for each reference
made in said sections to "this chapter"; (d) the name of the
county enacting said ordinance shall be substituted for each
reference made in said sections to "Thurston county"; and (e)
the term "board of county commissioners" shall be substituted for each reference made in said sections to the "director
of financial management." [1979 c 151 § 38; 1975 1st ex.s.
c 278 § 21; 1963 c 4 § 36.38.020. Prior: 1943 c 269 § 3;
Rem. Supp. 1943 § 11241-12.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
36.38.030 Form of ordinance. The ordinance levying
and fixing the tax shall be headed by a title expressing the
subject thereof, and the style of the ordinance shall be: "Be
it ordained by the Board of County Commissioners of
. . . . . . County, State of Washington." The ordinance shall
be enacted by a majority vote of the board at a regular
meeting thereof, and only after the form of such ordinance
as ultimately enacted has been on file with the clerk of the
[Title 36 RCW—page 95]
36.38.030
Title 36 RCW: Counties
board and open to public inspection for not less than ten
days. The ordinance shall not become effective until thirty
days following its enactment, and within five days following
its enactment it shall be printed and published in a newspaper of general circulation in the county. The ordinance shall
be signed by a majority of the board, attested by the clerk of
the board, and shall be duly entered and recorded in the
book wherein orders of the board are entered and recorded.
The ordinance may be at any time amended or repealed by
an ordinance enacted, published, and recorded in the same
manner. [1963 c 4 § 36.38.030. Prior: 1943 c 269 § 2;
Rem. Supp. 1943 § 11241-11.]
36.38.040 Vehicle parking charges tax—Parking
facility at stadium and exhibition center—Use of revenues before and after issuance of bonds. The legislative
authority of a county that has created a public stadium
authority to develop a stadium and exhibition center under
RCW 36.102.050 may levy and fix a tax on any vehicle
parking charges imposed at any parking facility that is part
of a stadium and exhibition center, as defined in RCW
36.102.010. The tax shall be exclusive and shall preclude
the city or town within which the stadium and exhibition
center is located from imposing within its corporate limits a
tax of the same or similar kind on any vehicle parking
charges imposed at any parking facility that is part of a
stadium and exhibition center. For the purposes of this
section, "vehicle parking charges" means only the actual
parking charges exclusive of taxes and service charges and
the value of any other benefit conferred. The tax authorized
under this section shall be at the rate of not more than ten
percent. Revenues collected under this section shall be
deposited in the stadium and exhibition center account under
RCW 43.99N.060 until the bonds issued under RCW
43.99N.020 for the construction of the stadium and exhibition center are retired. After the bonds issued for the
construction of the stadium and exhibition center are retired,
the tax authorized under this section shall be used exclusively to fund repair, reequipping, and capital improvement
of the stadium and exhibition center. The tax under this
section may be levied upon the first use of any part of the
stadium and exhibition center but shall not be collected at
any facility already in operation as of July 17, 1997. [1997
c 220 § 302 (Referendum Bill No. 48, approved June 17,
1997).]
Referendum—Other legislation limited—Legislator’s personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Chapter 36.39
ASSISTANCE AND RELIEF
Sections
36.39.010
36.39.030
36.39.040
Public assistance.
Disposal of remains of indigent persons.
Federal surplus commodities—County expenses—Handling
commodities for certified persons—County program,
cooperative program.
[Title 36 RCW—page 96]
36.39.050
Federal surplus commodities—Certification of persons by
department of social and health services.
36.39.060 Senior citizens programs—Long-term care ombudsman programs—Authorization.
Burial of indigent war veterans: Chapter 73.24 RCW.
Housing authorities law: Chapter 35.82 RCW.
Veterans’ relief: Chapter 73.08 RCW.
36.39.010 Public assistance. Public assistance
generally, see Title 74 RCW.
36.39.030 Disposal of remains of indigent persons.
The board of county commissioners of any county shall
provide for the disposition of the remains of any indigent
person including a recipient of public assistance who dies
within the county and whose body is unclaimed by relatives
or church organization. [1963 c 4 § 36.39.030. Prior: 1953
c 224 § 1; 1951 c 258 § 1.]
36.39.040 Federal surplus commodities—County
expenses—Handling commodities for certified persons—
County program, cooperative program. The county
commissioners of any county may expend from the county
general fund for the purpose of receiving, warehousing and
distributing federal surplus commodities for the use of or
assistance to recipients of public assistance or other needy
families and individuals when such recipients, families or
individuals are certified as eligible to obtain such commodities by the state department of social and health services.
The county commissioners may expend county general fund
moneys to carry out any such program as a sole county
operation or in conjunction or cooperation with any similar
program of distribution by private individuals or organizations, any department of the state, or any political subdivision of the state. [1979 c 141 § 43; 1963 c 4 § 36.39.040.
Prior: 1957 c 187 § 5.]
36.39.050 Federal surplus commodities—
Certification of persons by department of social and
health services. See RCW 74.04.340 through 74.04.360.
36.39.060 Senior citizens programs—Long-term
care ombudsman programs—Authorization. (1) Counties,
cities, and towns are granted the authority, and it is hereby
declared to be a public purpose for counties, cities, and
towns, to establish and administer senior citizens programs
either directly or by creating public corporations or authorities to carry out the programs and to expend their own funds
for such purposes, as well as to expend federal, state, or private funds that are made available for such purposes. Such
federal funds shall include, but not be limited to, funds
provided under the federal older Americans act, as amended
(42 U.S.C. Sec. 3001 et seq.).
(2) Counties, cities, and towns may establish and
administer long-term care ombudsman programs for residents, patients, and clients if such a program is not prohibited by federal or state law. Such local ombudsman
programs shall be coordinated with the efforts of other longterm care ombudsman programs, including the office of the
state long-term care ombudsman established in RCW
(2002 Ed.)
Assistance and Relief
43.190.030, to avoid multiple investigation of complaints.
[1983 c 290 § 13; 1979 c 109 § 1.]
Severability—1983 c 290: See RCW 43.190.900.
Chapter 36.40
BUDGET
Sections
36.40.010
36.40.020
Estimates to be filed by county officials.
Commissioners to file road and bridge estimate and estimate
of future bond expenditures.
36.40.030 Forms of estimates—Penalty for delay.
36.40.040 Preliminary budget prepared by county auditor or chief financial officer.
36.40.050 Revision by county commissioners.
36.40.060 Notice of hearing on budget.
36.40.070 Budget hearing.
36.40.071 Budget hearing—Alternate date for budget hearing.
36.40.080 Final budget to be fixed.
36.40.090 Taxes to be levied.
36.40.100 Budget constitutes appropriations—Transfers—Supplemental
appropriations.
36.40.120 Limitation on use of borrowed money.
36.40.130 County not liable on overexpenditure—Penalty against officials.
36.40.140 Emergencies subject to hearing.
36.40.150 Emergencies subject to hearing—Right of taxpayer to review
order.
36.40.160 Emergencies subject to hearing—Petition for review suspends order.
36.40.170 Emergencies subject to hearing—Court’s power on review.
36.40.180 Emergencies subject to hearing—Nondebatable emergencies.
36.40.190 Payment of emergency warrants.
36.40.195 Supplemental appropriations of unanticipated funds from
local sources.
36.40.200 Lapse of budget appropriations.
36.40.205 Salary adjustment for county legislative authority office—
Ratification and validation of preelection action.
36.40.210 Monthly report by auditor.
36.40.220 Rules, classifications, and forms.
36.40.230 No new funds created.
36.40.240 Penalty.
36.40.250 Biennial budgets—Supplemental and emergency budgets.
County road property tax revenues, budgeting of for services: RCW
36.33.220.
Flood control zone district budget as affecting: RCW 86.15.140.
Juvenile detention facilities, budget allocation may be used for: RCW
13.16.080.
Metropolitan municipal corporation costs in: RCW 35.58.420.
36.40.010 Estimates to be filed by county officials.
On or before the second Monday in July of each year the
county auditor shall notify in writing each county official,
elective or appointive, in charge of an office, department,
service, or institution of the county, to file with him on or
before the second Monday in August thereafter detailed and
itemized estimates, both of the probable revenues from
sources other than taxation, and of all expenditures required
by such office, department, service, or institution for the
ensuing fiscal year. [1963 c 4 § 36.40.010. Prior: 1923 c
164 § 1, part; RRS § 3997-1, part.]
36.40.020 Commissioners to file road and bridge
estimate and estimate of future bond expenditures. The
county commissioners shall submit to the auditor a detailed
statement showing all new road and bridge construction to
be financed from the county road fund, and from bond issues
(2002 Ed.)
36.39.060
theretofore issued, if any, for the ensuing fiscal year,
together with the cost thereof as computed by the county
road engineer or for constructions in charge of a special
engineer, then by such engineer, and such engineer shall
prepare such estimates of cost for the county commissioners.
They shall also submit a similar statement showing the road
and bridge maintenance program, as near as can be estimated.
The county commissioners shall also submit to the
auditor detailed estimates of all expenditures for construction
or improvement purposes proposed to be made from the
proceeds of bonds or warrants not yet authorized. [1963 c
4 § 36.40.020. Prior: 1923 c 164 § 1, part; RRS § 3997-1,
part.]
36.40.030 Forms of estimates—Penalty for delay.
The estimates required in RCW 36.40.010 and 36.40.020
shall be submitted on forms provided by the county auditor
or chief financial officer and classified according to the
classification established by the state auditor. The county
auditor or chief financial officer shall provide such forms.
He or she shall also prepare the estimates for interest and
debt redemption requirements and any other estimates the
preparation of which properly falls within the duties of his
or her office.
Each such official shall file his or her estimates within
the time and in the manner provided in the notice and form
and the county auditor or chief financial officer shall deduct
and withhold as a penalty from the salary of each official
failing or refusing to file such estimates as herein provided,
the sum of ten dollars for each day of delay: PROVIDED,
That the total penalty against any one official shall not
exceed fifty dollars in any one year.
In the absence or disability of any official the duties
required herein shall devolve upon the official or employee
in charge of the office, department, service, or institution for
the time being. The notice shall contain a copy of this
penalty clause. [1995 c 301 § 62; 1963 c 4 § 36.40.030.
Prior: 1923 c 164 § 1, part; RRS § 3997-1, part.]
36.40.040 Preliminary budget prepared by county
auditor or chief financial officer. Upon receipt of the
estimates the county auditor or chief financial officer shall
prepare the county budget which shall set forth the complete
financial program of the county for the ensuing fiscal year,
showing the expenditure program and the sources of revenue
by which it is to be financed.
The revenue section shall set forth the estimated receipts
from sources other than taxation for each office, department,
service, or institution for the ensuing fiscal year, the actual
receipts for the first six months of the current fiscal year and
the actual receipts for the last completed fiscal year, the
estimated surplus at the close of the current fiscal year and
the amount proposed to be raised by taxation.
The expenditure section shall set forth in comparative
and tabular form by offices, departments, services, and
institutions the estimated expenditures for the ensuing fiscal
year, the appropriations for the current fiscal year, the actual
expenditures for the first six months of the current fiscal
year including all contracts or other obligations against cur[Title 36 RCW—page 97]
36.40.040
Title 36 RCW: Counties
rent appropriations, and the actual expenditures for the last
completed fiscal year.
All estimates of receipts and expenditures for the
ensuing year shall be fully detailed in the annual budget and
shall be classified and segregated according to a standard
classification of accounts to be adopted and prescribed by
the state auditor after consultation with the Washington state
association of counties and the Washington state association
of county officials.
The county auditor or chief financial officer shall set
forth separately in the annual budget to be submitted to the
county legislative authority the total amount of emergency
warrants issued during the preceding fiscal year, together
with a statement showing the amount issued for each
emergency, and the legislative authority shall include in the
annual tax levy, a levy sufficient to raise an amount equal to
the total of such warrants: PROVIDED, That the legislative
authority may fund the warrants or any part thereof into
bonds instead of including them in the budget levy. [1995
c 301 § 63; 1995 c 194 § 7; 1973 c 39 § 1. Prior: 1971
ex.s. c 85 § 4; 1969 ex.s. c 252 § 1; 1963 c 4 § 36.40.040;
prior: (i) 1923 c 164 § 2; RRS § 3997-2. (ii) 1925 ex.s. c
143 § 2, part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
any part of the budget. The hearing may be continued from
day to day until concluded but not to exceed a total of five
days. The officials in charge of the several offices, departments, services, and institutions shall, at the time the estimates for their respective offices, departments, services or
institutions are under consideration be called in and appear
before such hearing by the board at the request of any
taxpayer and may be questioned concerning such estimates
by the commissioners or any taxpayer present. [1963 c 4 §
36.40.070. Prior: 1943 c 145 § 1, part; 1941 c 99 § 1, part;
1923 c 164 § 4, part; Rem. Supp. 1943 § 3997-4, part.]
Reviser’s note: This section was amended by 1995 c 194 § 7 and by
1995 c 301 § 63, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
36.40.080 Final budget to be fixed. Upon the
conclusion of the budget hearing the county legislative
authority shall fix and determine each item of the budget
separately and shall by resolution adopt the budget as so
finally determined and enter the same in detail in the official
minutes of the board, a copy of which budget shall be
forwarded to the state auditor. [1995 c 301 § 64; 1963 c 4
§ 36.40.080. Prior: 1943 c 145 § 1, part; 1941 c 99 § 1,
part; 1923 c 164 § 4, part; Rem. Supp. 1943 § 3997-4, part.]
36.40.050 Revision by county commissioners. The
budget shall be submitted by the auditor to the board of
county commissioners on or before the first Tuesday in
September of each year. The board shall thereupon consider
the same in detail, making any revisions or additions it
deems advisable. [1963 c 4 § 36.40.050. Prior: 1923 c 164
§ 3, part; RRS § 3997-3, part.]
36.40.060 Notice of hearing on budget. The county
legislative authority shall then publish a notice stating that it
has completed and placed on file its preliminary budget for
the county for the ensuing fiscal year, a copy of which will
be furnished any citizen who will call at its office for it, and
that it will meet on the first Monday in October thereafter
for the purpose of fixing the final budget and making tax
levies, designating the time and place of the meeting, and
that any taxpayer may appear thereat and be heard for or
against any part of the budget. The notice shall be published
once each week for two consecutive weeks immediately
following adoption of the preliminary budget in the official
newspaper of the county. The county legislative authority
shall provide a sufficient number of copies of the detailed
and comparative preliminary budget to meet the reasonable
demands of taxpayers therefor and the same shall be available for distribution not later than two weeks immediately
preceding the first Monday in October. [1985 c 469 § 47;
1963 c 4 § 36.40.060. Prior: 1923 c 164 § 3, part; RRS §
3997-3, part.]
36.40.070 Budget hearing. On the first Monday in
October in each year the board of county commissioners
shall meet at the time and place designated in the notice,
whereat any taxpayer may appear and be heard for or against
[Title 36 RCW—page 98]
36.40.071 Budget hearing—Alternate date for
budget hearing. Notwithstanding any provision of law to
the contrary, the board of county commissioners may meet
for the purpose of holding a budget hearing, provided for in
RCW 36.40.070, on the first Monday in December. The
board of county commissioners may also set other dates
relating to the budget process, including but not limited to
the dates set in RCW 36.40.010, 36.40.050, and 36.81.130
to conform to the alternate date for the budget hearing.
[1971 ex.s. c 136 § 1.]
36.40.090 Taxes to be levied. The board of county
commissioners shall then fix the amount of the levies
necessary to raise the amount of the estimated expenditures
as finally determined, less the total of the estimated revenues
from sources other than taxation, including such portion of
any available surplus as in the discretion of the board it shall
be advisable to so use, and such expenditures as are to be
met from bond or warrant issues: PROVIDED, That no
county shall retain an unbudgeted cash balance in the current
expense fund in excess of a sum equal to the proceeds of a
one dollar and twenty-five cents per thousand dollars of
assessed value levy against the assessed valuation of the
county. All taxes shall be levied in specific sums and shall
not exceed the amount specified in the preliminary budget.
[1973 1st ex.s. c 195 § 33; 1963 c 4 § 36.40.090. Prior:
1943 c 145 § 1, part; 1941 c 99 § 1, part; 1923 c 164 § 4,
part; Rem. Supp. 1943 § 3997-4, part.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.40.100 Budget constitutes appropriations—
Transfers—Supplemental appropriations. The estimates
of expenditures itemized and classified as required in RCW
36.40.040 and as finally fixed and adopted in detail by the
board of county commissioners shall constitute the appropriations for the county for the ensuing fiscal year; and every
county official shall be limited in the making of expenditures
or the incurring of liabilities to the amount of the detailed
(2002 Ed.)
Budget
appropriation items or classes respectively: PROVIDED,
That upon a resolution formally adopted by the board at a
regular or special meeting and entered upon the minutes,
transfers or revisions within departments, or supplemental
appropriations to the budget from unanticipated federal or
state funds may be made: PROVIDED FURTHER, That the
board shall publish notice of the time and date of the
meeting at which the supplemental appropriations resolution
will be adopted, and the amount of the appropriation, once
each week, for two consecutive weeks prior to the meeting
in the official newspaper of the county. [1985 c 469 § 48;
1973 c 97 § 1; 1969 ex.s. c 252 § 2; 1965 ex.s. c 19 § 1;
1963 c 4 § 36.40.100. Prior: 1945 c 201 § 1, part; 1943 c
66 § 1, part; 1927 c 301 § 1, part; 1923 c 164 § 5, part;
Rem. Supp. 1945 § 3997-5, part.]
36.40.120 Limitation on use of borrowed money.
Moneys received from borrowing shall be used for no other
purpose than that for which borrowed except that if any
surplus shall remain after the accomplishment of the purpose
for which borrowed, it shall be used to redeem the county
debt. Where the budget contains an expenditure program to
be financed from a bond issue to be authorized thereafter no
such expenditure shall be made or incurred until such bonds
have been duly authorized. [1963 c 4 § 36.40.120. Prior:
1945 c 201 § 1, part; 1943 c 66 § 1, part; 1927 c 301 § 1,
part; 1923 c 164 § 5, part; Rem. Supp. 1945 § 3997-5, part.]
36.40.130 County not liable on overexpenditure—
Penalty against officials. Expenditures made, liabilities
incurred, or warrants issued in excess of any of the detailed
budget appropriations or as revised by transfer as in RCW
36.40.100, *36.40.110 or 36.40.120 provided shall not be a
liability of the county, but the official making or incurring
such expenditure or issuing such warrant shall be liable
therefor personally and upon his official bond. The county
auditor shall issue no warrant and the county commissioners
shall approve no claim for any expenditure in excess of the
detailed budget appropriations or as revised under the
provisions of RCW 36.40.100 through 36.40.130, except
upon an order of a court of competent jurisdiction, or for
emergencies as hereinafter provided. Any county commissioner, or county auditor, approving any claim or issuing any
warrant in excess of any such budget appropriation except as
herein provided shall forfeit to the county fourfold the
amount of such claim or warrant which shall be recovered
by action against such county commissioner or auditor, or all
of them, and the several sureties on their official bonds.
[1963 c 4 § 36.40.130. Prior: 1945 c 201 § 1, part; 1943 c
66 § 1, part; 1927 c 301 § 1, part; 1923 c 164 § 5, part;
Rem. Supp. 1945 § 3997-5, part.]
*Reviser’s note: RCW 36.40.110 was repealed by 1997 c 204 § 6.
36.40.140 Emergencies subject to hearing. When a
public emergency, other than such as are specifically
described in RCW 36.40.180, and which could not reasonably have been foreseen at the time of making the budget,
requires the expenditure of money not provided for in the
budget, the board of county commissioners by majority vote
of the commissioners at any meeting the time and place of
which all the commissioners have had reasonable notice,
(2002 Ed.)
36.40.100
shall adopt and enter upon its minutes a resolution stating
the facts constituting the emergency and the estimated
amount of money required to meet it, and shall publish the
same, together with a notice that a public hearing thereon
will be held at the time and place designated therein, which
shall not be less than one week after the date of publication,
at which any taxpayer may appear and be heard for or
against the expenditure of money for the alleged emergency.
The resolution and notice shall be published once in the
official county newspaper, or if there is none, in a legal
newspaper in the county. Upon the conclusion of the
hearing, if the board of county commissioners approves it, an
order shall be made and entered upon its official minutes by
a majority vote of all the members of the board setting forth
the facts constituting the emergency, together with the
amount of expenditure authorized, which order, so entered,
shall be lawful authorization to expend said amount for such
purpose unless a review is applied for within five days
thereafter. [1969 ex.s. c 185 § 3; 1963 c 4 § 36.40.140.
Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6, part; RRS
§ 3997-6, part.]
Severability—1969 ex.s. c 185: See RCW 36.87.900.
36.40.150 Emergencies subject to hearing—Right of
taxpayer to review order. No expenditure shall be made
or liability incurred pursuant to the order until a period of
five days, exclusive of the day of entry of the order, have
elapsed, during which time any taxpayer or taxpayers of the
county feeling aggrieved by the order may have the superior
court of the county review it by filing with the clerk of such
court a verified petition, a copy of which has been served
upon the county auditor. The petition shall set forth in detail
the objections of the petitioners to the order and the reasons
why the alleged emergency does not exist. [1963 c 4 §
36.40.150. Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 §
6, part; RRS § 3997-6, part.]
36.40.160 Emergencies subject to hearing—Petition
for review suspends order. The service and filing of the
petition shall operate to suspend the emergency order and the
authority to make any expenditure or incur any liability
thereunder until final determination of the matter by the
court. [1963 c 4 § 36.40.160. Prior: 1925 ex.s. c 143 § 2,
part; 1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.170 Emergencies subject to hearing—Court’s
power on review. Upon the filing of a petition the court
shall immediately fix a time for hearing it which shall be at
the earliest convenient date. At such hearing the court shall
hear the matter de novo and may take such testimony as it
deems necessary. Its proceedings shall be summary and
informal and its determination as to whether an emergency
such as is contemplated within the meaning and purpose of
this chapter exists or not and whether the expenditure
authorized by said order is excessive or not shall be final.
[1963 c 4 § 36.40.170. Prior: 1925 ex.s. c 143 § 2, part;
1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.180 Emergencies subject to hearing—
Nondebatable emergencies. Upon the happening of any
emergency caused by fire, flood, explosion, storm, earth[Title 36 RCW—page 99]
36.40.180
Title 36 RCW: Counties
quake, epidemic, riot, or insurrection, or for the immediate
preservation of order or of public health or for the restoration to a condition of usefulness of any public property the
usefulness of which has been destroyed by accident, or for
the relief of a stricken community overtaken by a calamity,
or in settlement of approved claims for personal injuries or
property damages, exclusive of claims arising from the
operation of any public utility owned by the county, or to
meet mandatory expenditures required by any law, the board
of county commissioners may, upon the adoption by the
unanimous vote of the commissioners present at any meeting
the time and place of which all of such commissioners have
had reasonable notice, of a resolution stating the facts
constituting the emergency and entering the same upon their
minutes, make the expenditures necessary to meet such
emergency without further notice or hearing. [1963 c 4 §
36.40.180. Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 §
6, part; RRS § 3997-6, part.]
36.40.190 Payment of emergency warrants. All
emergency expenditures shall be paid for by the issuance of
emergency warrants which shall be paid from any moneys
on hand in the county treasury in the fund properly chargeable therewith and the county treasurer shall pay such
warrants out of any moneys in the treasury in such fund. If
at any time there are insufficient moneys on hand in the
treasury to pay any of such warrants, they shall be registered, bear interest and be called in the manner provided by
law for other county warrants. [1963 c 4 § 36.40.190.
Prior: 1925 ex.s. c 143 § 2, part; 1923 c 164 § 6, part; RRS
§ 3997-6, part.]
36.40.195 Supplemental appropriations of unanticipated funds from local sources. In addition to the supplemental appropriations provided in RCW 36.40.100 and
36.40.140, the county legislative authority may provide by
resolution a policy for supplemental appropriations as a
result of unanticipated funds from local revenue sources.
[1997 c 204 § 4.]
36.40.200 Lapse of budget appropriations. All
appropriations shall lapse at the end of the fiscal year:
PROVIDED, That the appropriation accounts may remain
open for a period of thirty days, and may, at the auditor’s
discretion, remain open for a period not to exceed sixty days
thereafter for the payment of claims incurred against such
appropriations prior to the close of the fiscal year.
After such period has expired all appropriations shall
become null and void and any claim presented thereafter
against any such appropriation shall be provided for in the
next ensuing budget: PROVIDED, That this shall not
prevent payments upon uncompleted improvements in
progress at the close of the fiscal year. [1997 c 204 § 2;
1963 c 4 § 36.40.200. Prior: 1925 ex.s. c 143 § 2, part;
1923 c 164 § 6, part; RRS § 3997-6, part.]
36.40.205 Salary adjustment for county legislative
authority office—Ratification and validation of preelection action. If prior to the election for any county legislative authority office, a salary adjustment for such position
to become effective upon the commencement of the term
[Title 36 RCW—page 100]
next following such election is adopted by ordinance or
resolution of the legislative authority of such county, and a
salary adjustment coinciding with such preceding ordinance
or resolution thereof is properly adopted as part of the
county budget for the years following such election, such
action shall be deemed a continuing part of and shall ratify
and validate the preelection action as to such salary adjustment. [1975 1st ex.s. c 32 § 1.]
36.40.210 Monthly report by auditor. On or before
the twenty-fifth day of each month the auditor shall submit
to the board of county commissioners a report showing the
expenditures and liabilities against each separate budget
appropriation incurred during the preceding calendar month
and like information for the whole of the current fiscal year
to the first day of said month, together with the unexpended
and unencumbered balance of each appropriation. He shall
also set forth the receipts from taxes and from sources other
than taxation for the same periods. [1963 c 4 § 36.40.210.
Prior: 1923 c 164 § 7; RRS § 3997-7.]
36.40.220 Rules, classifications, and forms. The
state auditor may make such rules, classifications, and forms
as may be necessary to carry out the provisions in respect to
county budgets, define what expenditures shall be chargeable
to each budget account, and establish such accounting and
cost systems as may be necessary to provide accurate budget
information. [1995 c 301 § 65; 1963 c 4 § 36.40.220.
Prior: 1923 c 164 § 8; RRS § 3997-8.]
36.40.230 No new funds created. This chapter shall
not be construed to create any new fund. [1963 c 4 §
36.40.230. Prior: 1923 c 164 § 9; RRS § 3997-9.]
36.40.240 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than
twenty-five dollars nor more than five hundred dollars.
[1963 c 4 § 36.40.240. Prior: 1923 c 164 § 10; RRS §
3997-10.]
36.40.250 Biennial budgets—Supplemental and
emergency budgets. In lieu of adopting an annual budget,
the county legislative authority of any county may adopt an
ordinance or a resolution providing for biennial budgets with
a mid-biennium review and modification for the second year
of the biennium. The county legislative authority may repeal
such an ordinance or resolution and revert to adopting annual
budgets for a period commencing after the end of a biennial
budget cycle. The county legislative authority of a county
with a biennial budget cycle may adopt supplemental and
emergency budgets in the same manner and subject to the
same conditions as the county legislative authority in a
county with an annual budget cycle.
The procedure and steps for adopting a biennial budget
shall conform with the procedure and steps for adopting an
annual budget and with requirements established by the state
auditor. The state auditor shall establish requirements for
preparing and adopting the mid-biennium review and modification for the second year of the biennium.
(2002 Ed.)
Budget
Expenditures included in the biennial budget, mid-term
modification budget, supplemental budget, or emergency
budget shall constitute the appropriations for the county
during the applicable period of the budget and every county
official shall be limited in making expenditures or incurring
liabilities to the amount of the detailed appropriation item or
classes in the budget.
In lieu of adopting an annual budget or a biennial
budget with a mid-biennium review for all funds, the
legislative authority of any county may adopt an ordinance
or a resolution providing for a biennial budget or budgets for
any one or more funds of the county, with a mid-biennium
review and modification for the second year of the biennium,
with the other funds remaining on an annual budget. The
county legislative authority may repeal such an ordinance or
resolution and revert to adopting annual budgets for a period
commencing after the end of the biennial budget or biennial
budgets for the specific agency fund or funds. The county
legislative authority of a county with a biennial budget cycle
may adopt supplemental and emergency budgets in the same
manner and subject to the same conditions as the county
legislative authority in a county with an annual budget cycle.
The county legislative authority shall hold a public
hearing on the proposed county property taxes and proposed
road district property taxes prior to imposing the property tax
levies. [1997 c 204 § 3; 1995 c 193 § 1.]
Reviser’s note: 1995 c 193 directed that this section be added to
chapter 36.32 RCW. Since this placement appears inappropriate, this
section has been codified as part of chapter 36.40 RCW.
Chapter 36.42
RETAIL SALES AND USE TAXES
County and city sales and use taxes: Chapter 82.14 RCW.
Chapter 36.43
BUILDING CODES AND FIRE REGULATIONS
Sections
36.43.010 Authority to adopt.
36.43.020 Area to which applicable.
36.43.030 Enforcement—Inspectors.
36.43.040 Penalty for violation of code or regulation.
Electrical construction regulations applicable to counties: RCW 19.29.010.
Energy-related building standards: Chapter 19.27A RCW.
State building code: Chapter 19.27 RCW.
36.43.010 Authority to adopt. The boards of county
commissioners may adopt standard building codes and
standard fire regulations to be applied within their respective
jurisdictions. [1963 c 4 § 36.43.010. Prior: 1943 c 204 §
1; Rem. Supp. 1943 § 4077-10.]
36.43.020 Area to which applicable. The building
codes or fire regulations when adopted by the board of
county commissioners shall be applicable to all the area of
the county situated outside the corporate limits of any city or
town, or to such portion thereof as may be prescribed in
such building code or fire regulation. [1963 c 4 § 36.43.020.
Prior: 1943 c 204 § 2; Rem. Supp. 1943 § 4077-11.]
(2002 Ed.)
36.40.250
36.43.030 Enforcement—Inspectors. The boards of
county commissioners may appoint fire inspectors or other
inspectors to enforce any building code or fire regulation
adopted by them. The boards must enforce any building
code or fire regulation adopted by them. [1963 c 4 §
36.43.030. Prior: 1943 c 204 § 3; Rem. Supp. 1943 §
4077-12.]
36.43.040 Penalty for violation of code or regulation. Any person violating the provisions of any building
code or any fire regulation lawfully adopted by any board of
county commissioners shall be guilty of a misdemeanor.
[1963 c 4 § 36.43.040. Prior: 1943 c 204 § 4; Rem. Supp.
1943 § 4077-13.]
Chapter 36.45
CLAIMS AGAINST COUNTIES
Sections
36.45.010 Manner of filing.
36.45.040 Labor and material claims.
Assessor’s expense when meeting with department of revenue as: RCW
84.08.190.
Autopsy costs as: RCW 68.50.104, 68.50.106.
Claims, reports, etc., filing: RCW 1.12.070.
Compromise of unlawful, when: RCW 43.09.260.
Costs against county, civil actions: RCW 4.84.170.
Courtrooms, expense of sheriff in providing as county charge: RCW
2.28.140.
Diking, drainage, or sewerage improvement assessments as: RCW
85.08.500, 85.08.530.
Elections, expense of registration of voters as: RCW 29.07.030.
Expense of keeping jury as: RCW 4.44.310.
Flood control
by counties jointly, county liability: RCW 86.13.080.
districts (1937 act) assessments as: RCW 86.09.526, 86.09.529.
Health officers’ convention expense as: RCW 43.70.140.
Incorporation into city or town of intercounty areas as: RCW 35.02.240.
Liability of county on failure to require contractors bond: RCW 39.08.015.
Lien for labor, material, taxes on public works: Chapter 60.28 RCW.
Metropolitan municipal corporation costs as: Chapter 35.58 RCW.
Municipal court expenses as: RCW 35.20.120.
Port district election costs as: RCW 53.04.070.
Railroad grade crossing costs as: Chapter 81.53 RCW.
Reclamation district commission expenses as: RCW 89.30.070.
Regional jail camps, cost of committing county prisoners to as: RCW
72.64.110.
Superior court, expenses of visiting judge as: RCW 2.08.170.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
Veterans’ meeting place rental as: RCW 73.04.080.
Vital statistics registrars’ fees as charge against: RCW 70.58.040.
36.45.010 Manner of filing. All claims for damages
against any county shall be filed in the manner set forth in
chapter 4.96 RCW. [1993 c 449 § 10; 1967 c 164 § 14;
1963 c 4 § 36.45.010. Prior: 1957 c 224 § 7; prior: 1919
c 149 § 1, part; RRS § 4077, part.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
[Title 36 RCW—page 101]
36.45.010
Title 36 RCW: Counties
Severability—Purpose—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions and municipal corporations,
liability for damages: Chapter 4.96 RCW.
36.45.040 Labor and material claims. Whenever any
county, by its board of county commissioners, has entered
into a contract for the construction of any public improvement for the benefit of the county, whereby the contractor
agreed to furnish all labor, material, and supplies necessary
for the improvement, and the contractor has proceeded with
such improvement and procured from other persons labor,
material, or supplies and used the same in the construction
of the improvement, but has failed to pay such persons
therefor, and such persons have filed claims therefor against
the county, and the claims have been audited in the manner
provided by law and found to be just claims against the
county, and valid obligations of the county except for the
fact that they were not filed within the time provided by law;
the board of county commissioners may provide funds sufficient therefor, and cause the payment, of such claims in the
manner provided by law for the payment of valid claims
against the county. [1963 c 4 § 36.45.040. Prior: 1927 c
220 § 1; RRS § 4077-1.]
Chapter 36.47
COORDINATION OF
ADMINISTRATIVE PROGRAMS
Sections
36.47.010
36.47.020
36.47.030
36.47.040
36.47.050
36.47.060
36.47.070
Declaration of necessity.
Joint action by officers of each county.
State association of county officials may be coordinating
agency.
Reimbursement for costs and expenses to state association
of county officials.
County officials—Further action authorized—Meetings.
Association financial records subject to audit by state auditor.
Merger of state association of county officials with state
association of counties.
36.47.010 Declaration of necessity. The necessity
and the desirability of coordinating the administrative
programs of all of the counties in this state is recognized by
this chapter. [1963 c 4 § 36.47.010. Prior: 1959 c 130 §
1.]
36.47.020 Joint action by officers of each county.
It shall be the duty of the assessor, auditor, clerk, coroner,
sheriff, superintendent of schools, treasurer, and prosecuting
attorney of each county in the state, including appointive
officials in charter counties heading like departments, to take
such action as they jointly deem necessary to effect the coordination of the administrative programs of each county.
[1998 c 245 § 28; 1969 ex.s. c 5 § 1; 1963 c 4 § 36.47.020.
Prior: 1959 c 130 § 2.]
36.47.030 State association of county officials may
be coordinating agency. The county officials enumerated
in RCW 36.47.020 are empowered to designate the Washington state association of county officials as a coordinating
[Title 36 RCW—page 102]
agency through which the duties imposed by RCW
36.47.020 may be performed, harmonized, or correlated.
[1969 ex.s. c 5 § 2; 1963 c 4 § 36.47.030. Prior: 1959 c
130 § 3.]
36.47.040 Reimbursement for costs and expenses to
state association of county officials. Each county which
designates the Washington state association of county
officials as the agency through which the duties imposed by
RCW 36.47.020 may be executed is authorized to reimburse
the association from the county current expense fund for the
cost of any such services rendered: PROVIDED, That no
reimbursement shall be made to the association for any
expenses incurred under RCW 36.47.050 for travel, meals,
or lodging of such county officials, or their representatives
at such meetings, but such expenses may be paid by such
official’s respective county as other expenses are paid for
county business. Such reimbursement shall be paid only on
vouchers submitted to the county auditor and approved by
the legislative authority of each county in the manner
provided for the disbursement of other current expense
funds. Each such voucher shall set forth the nature of the
services rendered by the association, supported by affidavit
that the services were actually performed. [1991 c 363 § 71;
1977 ex.s. c 221 § 1; 1973 1st ex.s. c 195 § 35; 1970 ex.s.
c 47 § 2; 1969 ex.s. c 5 § 3; 1963 c 4 § 36.47.040. Prior:
1959 c 130 § 4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.47.050 County officials—Further action authorized—Meetings. The county officials enumerated in RCW
36.47.020 are authorized to take such further action as they
deem necessary to comply with the intent of this chapter,
including attendance at state and district meetings which may
be required to formulate the reports provided for in *RCW
36.47.020. [1969 ex.s. c 5 § 4; 1963 c 4 § 36.47.050. Prior:
1959 c 130 § 5.]
*Reviser’s note: RCW 36.47.020 was amended by 1998 c 245 § 28,
removing the requirement to submit reports.
36.47.060 Association financial records subject to
audit by state auditor. The financial records of the
Washington state association of county officials shall be
subject to audit by the state auditor. [1995 c 301 § 66; 1969
ex.s. c 5 § 5; 1963 c 4 § 36.47.060. Prior: 1959 c 130 § 6.]
36.47.070 Merger of state association of county
officials with state association of counties. It is the desire
of the legislature that the Washington State Association of
County Officials, as set forth in chapter 36.47 RCW and the
Washington State Association of Counties, as set forth in
RCW 36.32.350, shall merge into one association of elected
county officers. Only one association shall carry out the
duties imposed by RCW 36.32.335 through 36.32.360 and
36.47.020 through 36.47.060. [1998 c 245 § 29; 1977 ex.s.
c 221 § 2.]
(2002 Ed.)
Depositaries
Chapter 36.48
DEPOSITARIES
Sections
36.48.010
36.48.040
36.48.050
36.48.060
36.48.070
36.48.080
36.48.090
Depositaries to be designated by treasurer.
Depositaries to be designated by treasurer—Deposited funds
deemed in county treasury.
Depositaries to be designated by treasurer—Treasurer’s liability and bond additional.
Definition—"Financial institution."
County finance committee—Approval of investment policy
and debt policy—Rules.
County clerk’s funds may be deposited.
Clerk’s trust fund created—Deposits—Interest—Investments.
36.48.010 Depositaries to be designated by treasurer. Each county treasurer shall annually at the end of each
fiscal year or at such other times as may be deemed necessary, designate one or more financial institutions in the state
which are qualified public depositaries as set forth by the
public deposit protection commission as depositary or
depositaries for all public funds held and required to be kept
by the treasurer, and no county treasurer shall deposit any
public money in financial institutions, except as herein
provided. Public funds of the county or a special district for
which the county treasurer acts as its treasurer may only be
deposited in bank accounts authorized by the treasurer or
authorized in statute. All bank card depository service contracts for the county and special districts for which the
county treasurer acts as its treasurer must be authorized by
the county treasurer. [1998 c 106 § 6; 1984 c 177 § 8; 1973
c 126 § 5; 1969 ex.s. c 193 § 27; 1963 c 4 § 36.48.010.
Prior: 1907 c 51 § 1; RRS § 5562.]
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Public depositaries: Chapter 39.58 RCW.
36.48.040 Depositaries to be designated by treasurer—Deposited funds deemed in county treasury. The
county treasurer shall deposit with any depositary, which has
fully complied with all requirements of RCW 36.48.010
through 36.48.060, any county money in his hands or under
his official control, and for the purpose of making the
quarterly settlement and counting funds in the hands of the
treasurer any sums so on deposit shall be deemed to be in
the county treasury. [1963 c 4 § 36.48.040. Prior: 1907 c
51 § 4; RRS § 5565.]
36.48.050 Depositaries to be designated by treasurer—Treasurer’s liability and bond additional. The
provisions of RCW 36.48.010 through 36.48.060 shall in no
way relieve or release the county treasurer from any liability
upon his official bond as such treasurer, or any surety upon
such bond, and shall in no way affect the duty of the several
county treasurers to give bond as required by law. [1963 c
4 § 36.48.050. Prior: 1907 c 51 § 5; RRS § 5566.]
36.48.060 Definition—"Financial institution."
"Financial institution," whenever it occurs in RCW 36.48.010
through 36.48.050, means a branch of a bank engaged in
banking in this state in accordance with RCW 30.04.300, and
any state bank or trust company, national banking association, stock savings bank, mutual savings bank, or savings
(2002 Ed.)
Chapter 36.48
and loan association, which institution is located in this state
and lawfully engaged in business. [1984 c 177 § 9; 1963 c
4 § 36.48.060. Prior: 1907 c 51 § 6; RRS § 5567.]
36.48.070 County finance committee—Approval of
investment policy and debt policy—Rules. The county
treasurer, the county auditor, and the chair of the county
legislative authority, ex officio, shall constitute the county
finance committee. The county treasurer shall act as chair
of the committee and the county auditor as secretary thereof.
The committee shall keep a full and complete record of all
its proceedings in appropriate books of record and all such
records and all correspondence relating to the committee
shall be kept in the office of the county auditor and shall be
open to public inspection. The committee shall approve
county investment policy and a debt policy and shall make
appropriate rules and regulations for the carrying out of the
provisions of RCW 36.48.010 through 36.48.060, not
inconsistent with law. [1999 c 18 § 5; 1991 c 245 § 11;
1963 c 4 § 36.48.070. Prior: 1933 ex.s. c 45 § 2; RRS §
5567-1.]
Effective date—1999 c 18 § 5: "Section 5 of this act takes effect
January 1, 2000." [1999 c 18 § 10.]
36.48.080 County clerk’s funds may be deposited.
The county clerks of all the counties of the state shall
deposit all funds in their custody, as clerk of the superior
court of their respective counties, in one or more qualified
depositaries, as provided in chapter 39.58 RCW, as now or
hereafter amended. [1973 c 126 § 7; 1963 c 4 § 36.48.080.
Prior: 1933 ex.s. c 40 § 1; RRS § 5561-1.]
36.48.090 Clerk’s trust fund created—Deposits—
Interest—Investments. Whenever the clerk of the superior
court has funds held in trust for any litigant or for any
purpose, they shall be deposited in a separate fund designated "clerk’s trust fund," and shall not be commingled with
any public funds. However, in the case of child support
payments, the clerk may send the checks or drafts directly to
the recipient or endorse the instrument to the recipient and
the clerk is not required to deposit such funds. In processing
child support payments, the clerk shall comply with RCW
26.09.120. The clerk may invest the funds in any of the
investments authorized by RCW 36.29.020. The clerk shall
place the income from such investments in the county
current expense fund to be used by the county for general
county purposes unless: (1) The funds being held in trust in
a particular matter are two thousand dollars or more, and (2)
a litigant in the matter has filed a written request that such
investment be made of the funds being held in trust. Interest
income accrued from the date of filing of the written request
for investment shall be paid to the beneficiary. In such an
event, any income from such investment shall be paid to the
beneficiary of such trust upon the termination thereof:
PROVIDED, That five percent of the income shall be
deducted by the clerk as an investment service fee and
placed in the county current expense fund to be used by the
county for general county purposes.
In any matter where funds are held in the clerk’s trust
fund, any litigant who is not represented by an attorney and
who has appeared in matters where the funds held are two
[Title 36 RCW—page 103]
36.48.090
Title 36 RCW: Counties
thousand dollars or more shall receive written notice of the
provisions of this section from the clerk. [1994 c 185 § 4;
1987 c 363 § 4; 1979 ex.s. c 227 § 1; 1977 c 63 § 1; 1973
c 126 § 8; 1963 c 4 § 36.48.090. Prior: 1933 ex.s. c 40 §
2; RRS § 5561-2.]
36.49.050 "County dog license tax fund"—Created.
All license taxes collected in accordance with the provisions
of this chapter shall be placed in a separate fund in the
office of the county treasurer to be known as the "county
dog license tax fund." [1963 c 4 § 36.49.050. Prior: 1929
c 198 § 4; RRS § 8304-4; prior: 1919 c 6 § 2, part.]
Chapter 36.49
DOG LICENSE TAX
36.49.060 "County dog license tax fund"—Transfer
of excess funds in. On the first day of March of each year
all moneys in the county dog license tax fund in excess of
five hundred dollars shall be transferred and credited by the
county treasurer to the current expense fund of the county.
[1963 c 4 § 36.49.060. Prior: 1929 c 198 § 8; RRS § 83045.]
Sections
36.49.020 Treasurer to collect—Tags.
36.49.030 Application for license after assessor’s list returned.
36.49.040 Delinquent tax, how collected.
36.49.050 "County dog license tax fund"—Created.
36.49.060 "County dog license tax fund"—Transfer of excess funds in.
36.49.070 Penalty.
Indemnity for dogs doing damage, etc.: RCW 16.08.010 through 16.08.030.
Taxes for city and town purposes: State Constitution Art. 11 § 12.
36.49.020 Treasurer to collect—Tags. The county
assessor shall turn over the list of dog owners to the county
treasurer for collection of the taxes. Upon the payment of
the license tax upon any dog or kennel the county treasurer
shall deliver to the owner or keeper of such dog or kennel a
license, and a metallic tag for each dog taxed and licensed
or kept in such kennel. The license shall be dated and
numbered and shall bear the name of the county issuing it,
the name and address of the owner of the dog or kennel
licensed; and if a dog license, a description of the dog
including its breed, age, color, and markings; and if a kennel
license, a description of the breed, number, and ages of the
dogs kept in such kennel. The metallic tag shall bear the
name of the county issuing it, a serial number corresponding
with the number on the license, and the calendar year in
which it is issued. Every owner or keeper of a dog shall
keep a substantial collar on the dog and attached firmly
thereto the license tag for the current year. [1963 c 4 §
36.49.020. Prior: 1929 c 198 § 2; RRS § 8304-2; prior:
1919 c 6 § 2, part.]
36.49.030 Application for license after assessor’s list
returned. Any person becoming the owner of a dog or
kennel after the assessment has been returned by the assessor
and any owner of a dog or kennel which for any reason the
assessor has failed to assess, may at any time apply to the
county treasurer, and upon the payment of the required fee
procure a license and a metallic tag or tags. [1963 c 4 §
36.49.030. Prior: 1929 c 198 § 3, part; RRS § 8304-3,
part.]
36.49.040 Delinquent tax, how collected. If any
person whose name appears upon the list prepared by the
county assessor fails to pay the license tax to the county
treasurer on or before the first day of August of the year in
which the list is made, the county treasurer shall proceed to
collect the delinquent license taxes in the manner provided
by law for collection of delinquent personal property taxes.
[1963 c 4 § 36.49.040. Prior: 1929 c 198 § 3, part; RRS §
8304-3, part.]
[Title 36 RCW—page 104]
36.49.070 Penalty. Any person or officer who refuses
to comply with or enforce any of the provisions of this
chapter shall be guilty of a misdemeanor. [1963 c 4 §
36.49.070. Prior: 1929 c 198 § 9; RRS § 8304-6.]
Chapter 36.50
FARM AND HOME EXTENSION WORK
Sections
36.50.010
Cooperative extension work in agriculture and home economics authorized.
36.50.010 Cooperative extension work in agriculture
and home economics authorized. The board of county
commissioners of any county and the governing body of any
municipality are authorized to establish and conduct extension work in agriculture and home economics in cooperation
with Washington State University, upon such terms and
conditions as may be agreed upon by any such board or
governing body and the director of the extension service of
Washington State University; and may employ such means
and appropriate and expend such sums of money as may be
necessary to effectively establish and carry on such work in
agriculture and home economics in their respective counties
and municipalities. [1963 c 4 § 36.50.010. Prior: 1949 c
181 § 1; Rem. Supp. 1949 § 4589-1.]
Chapter 36.53
FERRIES—PRIVATELY OWNED
Sections
36.53.010
36.53.020
36.53.030
36.53.040
36.53.050
36.53.060
36.53.070
36.53.080
36.53.090
36.53.100
36.53.110
36.53.120
36.53.130
36.53.140
36.53.150
Grant of license—Term.
Licensing tax.
To whom license granted—Notice of intention if nonowner.
Notice of application to be posted.
Bond of licensee.
Duties of licensee.
Duties of licensee—Duties as to ferriage—Liability for nonperformance.
Rates of ferriage.
Commissioners may fix and alter rates.
Rates to be posted.
Order of ferriage—Liability for nonperformance.
Grant exclusive.
Revocation of license.
Penalty for maintaining unlicensed ferry.
Interstate ferry—County may contribute to—Grant of permit
to operator.
(2002 Ed.)
Ferries—Privately Owned
36.53.010 Grant of license—Term. The board of
county commissioners may grant a license to keep a ferry
across any lake or stream within its county, upon being satisfied that a ferry is necessary at the point applied for, which
license shall continue in force for a term to be fixed by the
commissioners not exceeding five years. [1963 c 4 §
36.53.010. Prior: Code 1881 § 3002; 1879 p 61 § 38; 1869
p 280 § 40; 1863 p 521 § 1; 1854 p 354 § 1; RRS § 5462.]
36.53.020 Licensing tax. The county legislative
authority may charge such sum as may be fixed under the
authority of RCW 36.32.120(3) for such license, and the
person to whom the license is granted shall pay to the
appropriate county official the tax for one year in advance.
[1985 c 91 § 2; 1963 c 4 § 36.53.020. Prior: Code 1881 §
3003; 1879 p 61 § 39; 1869 p 280 § 41; 1863 p 522 § 2;
1854 p 354 § 2; RRS § 5463.]
36.53.030 To whom license granted—Notice of
intention if nonowner. No license shall be granted to any
person other than the owner of the land embracing or
adjoining the lake or stream where the ferry is proposed to
be kept, unless the owner neglects to apply therefor.
Whenever application for a license is made by any person
other than the owner, the board of county commissioners
shall not grant it, unless proof is made that the applicant
caused notice, in writing, of his intention to make such
application to be given to such owner, if residing in the
county, at least ten days before the session of the board of
county commissioners at which application is made. [1963
c 4 § 36.53.030. Prior: Code 1881 § 3004; 1879 p 61 § 40;
1869 p 280 § 42; 1863 p 522 § 3; 1854 p 354 § 3; RRS §
5464.]
36.53.040 Notice of application to be posted. Every
person intending to apply for a license to keep a ferry at any
place shall give notice of his intention by posting up at least
three notices in public places in the neighborhood where the
ferry is proposed to be kept, twenty days prior to any regular
session of the board of county commissioners at which the
application is to be made. [1963 c 4 § 36.53.040. Prior:
Code 1881 § 3005; 1879 p 61 § 41; 1869 p 281 § 43; 1863
p 522 § 4; 1854 p 354 § 4; RRS § 5465.]
36.53.050 Bond of licensee. Every person applying
for a license to keep a ferry shall, before the same is issued,
enter into a bond with one or more sureties, to be approved
by the county auditor, in a sum not less than one hundred
nor more than five hundred dollars, conditioned that such
person will keep the ferry according to law and that if
default at any time is made in the condition of the bond,
damages, not exceeding the penalty, may be recovered by
any person aggrieved, before any court having jurisdiction.
[1963 c 4 § 36.53.050. Prior: Code 1881 § 3006; 1879 p
62 § 42; 1869 p 281 § 44; 1863 p 522 § 5; 1854 p 354 § 5;
RRS § 5466.]
36.53.060 Duties of licensee. Every person obtaining
a license to keep a ferry shall provide and keep in good and
complete repair the necessary boat or boats for the safe
conveyance of all persons and property, and furnish such
(2002 Ed.)
36.53.010
boats at all times with suitable oars, setting poles, and other
implements necessary for the service thereof, and shall keep
a sufficient number of discreet and skillful men to attend and
manage the same; and he shall also at all times keep the
place of embarking and landing in good order and repair, by
cutting away the bank of the stream so that persons and
property may be embarked and landed without danger or
unnecessary delay. [1963 c 4 § 36.53.060. Prior: Code
1881 § 3007; 1879 p 62 § 43; 1869 p 281 § 45; 1863 p 522
§ 6; 1854 p 354 § 6; RRS § 5467.]
36.53.070 Duties of licensee—Duties as to ferriage—
Liability for nonperformance. Every person obtaining a
ferry license shall give constant and diligent attention to such
ferry from daylight in the morning until dark in the evening
of each day, and shall, moreover, at any hour in the night, if
required, except in cases of imminent danger, give passage
to all persons requiring the same on the payment of double
rate of ferriage allowed to be taken in the daytime.
If the licensee at any time neglects or refuses to give
passage to any person or property, the licensee shall forfeit
and pay to the party aggrieved for every such offense the
sum of five dollars, to be recovered before any district judge
having jurisdiction; the licensee shall, moreover, be liable in
an action at law for any special damage which such person
may have sustained in consequence of such neglect or
refusal.
No forfeiture or damages shall be recovered for a failure
or refusal to convey any person or property across the stream
when it is manifestly hazardous to do so, by reason of any
storm, flood, or ice; nor shall any keeper of a ferry be
compelled to give passage to any person or property until the
fare or toll chargeable by law has been fully paid or tendered. [1987 c 202 § 207; 1963 c 4 § 36.53.070. Prior:
Code 1881 § 3008; 1879 p 62 § 44; 1869 p 281 § 46; 1863
p 523 § 7; 1854 p 355 § 7; RRS § 5468.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.080 Rates of ferriage. Whenever the board of
county commissioners grants a license to keep a ferry across
any lake or stream, it shall establish the rates of ferriage
which may be lawfully demanded for the transportation of
persons and property across the same, having due regard for
the breadth and situation of the stream, and the dangers and
difficulties incident thereto, and the publicity of the place at
which the same is established, and every keeper of a ferry
who at any time demands and receives more than the amount
so designated for ferrying shall forfeit and pay to the party
aggrieved, for every such offense, the sum of five dollars,
over and above the amount which has been illegally received, to be recovered before any district judge having
jurisdiction. [1987 c 202 § 208; 1963 c 4 § 36.53.080.
Prior: Code 1881 § 3009; 1879 p 63 § 45; 1869 p 282 § 47;
1863 p 523 § 8; 1854 p 355 § 8; RRS § 5469.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.090 Commissioners may fix and alter rates.
The boards of county commissioners may fix, alter, and
establish from time to time, the rates of ferriage to be levied
and collected at all ferries established by law, within or bordering upon the county lines of any of the counties in this
[Title 36 RCW—page 105]
36.53.090
Title 36 RCW: Counties
state. [1963 c 4 § 36.53.090. Prior: Code 1881 § 3010;
1879 p 63 § 46; 1869 p 282 § 48; RRS § 5470.]
36.53.100 Rates to be posted. Every person licensed
to keep a ferry shall post up, in some conspicuous place near
his ferry landing a list of the rates of ferriage which are
chargeable by law at such ferry, which list of rates shall at
all times be plain and legible and posted up so near the place
where persons pass across the ferry that it may be easily
read. If the keeper neglects or refuses to post and keep up
such list, it shall not be lawful to charge or take any ferriage
or compensation at the ferry, during the time of such
delinquency. [1963 c 4 § 36.53.100. Prior: Code 1881 §
3011; 1879 p 63 § 47; 1869 p 283 § 49; 1863 p 523 § 9;
1854 p 355 § 9; RRS § 5471.]
36.53.110 Order of ferriage—Liability for nonperformance. All persons shall be received into the ferry boats
and conveyed across the stream over which a ferry is established according to their arrival thereat, and if the keeper of
a ferry acts contrary to this regulation, the keeper shall
forfeit and pay to the party aggrieved the sum of ten dollars
for every such offense, to be recovered before any district
judge having jurisdiction: PROVIDED, That public officers
on urgent business, post riders, couriers, physicians, surgeons, and midwives shall in all cases be first carried over,
when all cannot go at the same time. [1987 c 202 § 209;
1963 c 4 § 36.53.110. Prior: Code 1881 § 3012; 1879 p 63
§ 48; 1869 p 283 § 50; 1863 p 524 § 10; 1854 p 356 § 10;
RRS § 5472.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.120 Grant exclusive. Every person licensed to
keep a ferry under the provisions of RCW 36.53.010 through
36.53.140 shall have the exclusive privilege of transporting
all persons and property over and across the stream where
the ferry is established, and shall be entitled to all the fare
arising by law therefrom: PROVIDED, That any person
may cross such stream at the ferry location in his own boat,
or take in and carry over his neighbor, when done without
fee or charge, and not with intent to injure the person
licensed to keep a ferry. [1963 c 4 § 36.53.120. Prior:
Code 1881 § 3013; 1879 p 63 § 49; 1869 p 283 § 51; 1863
p 524 § 11; 1854 p 356 § 11; RRS § 5473.]
36.53.130 Revocation of license. If any person
licensed to keep a ferry fails to pay the taxes assessed
thereon when due, or to provide and keep in good and complete repair the necessary boat or boats, with the oars, setting
poles, and other necessary implements for the service
thereof, or to employ a sufficient number of skilled and
discreet ferrymen within three months from the time license
is granted, or if the ferry is not at any time kept in good
condition and repair, or if it is abandoned, disused, or
unfrequented for the space of six months at any one time,
the board of county commissioners, on complaint being
made in writing, may summon the person licensed to keep
such ferry, to show cause why his license should not be
revoked. The board may revoke or not according to the
testimony adduced and the laws of this state, the decision
subject to review by the superior court: PROVIDED, That
[Title 36 RCW—page 106]
if disuse resulted because the stream is fordable at certain
seasons of the year, or because travel by that route is subject
to periodical fluctuations, it shall not work a forfeiture within
the meaning of this section. [1963 c 4 § 36.53.130. Prior:
Code 1881 § 3014; 1879 p 64 § 50; 1869 p 283 § 52; 1863
p 524 § 12; 1854 p 356 § 12; RRS § 5474.]
36.53.140 Penalty for maintaining unlicensed ferry.
Any person who maintains any ferry and receives ferriage
without first obtaining a license therefor shall pay a fine of
ten dollars for each offense, to be collected for the use of the
county, by suit before any district judge having jurisdiction,
and any person may bring such suit: PROVIDED, That it
shall not be unlawful for any person to transport any other
person or property over any stream for hire, when there is no
ferry, or the ferry established at such place was not in actual
operation at the time, or in sufficient repair to have afforded
to such person or property a safe and speedy passage. [1987
c 202 § 210; 1963 c 4 § 36.53.140. Prior: Code 1881 §
3015; 1879 p 64 § 51; 1869 p 284 § 53; 1863 p 525 § 13;
1854 p 356 § 13; RRS § 5475.]
Intent—1987 c 202: See note following RCW 2.04.190.
36.53.150 Interstate ferry—County may contribute
to—Grant of permit to operator. Whenever the board of
county commissioners of any county determines that the
construction or maintenance of a ferry in a state adjoining
such county or connecting such county with the adjoining
state is of necessity or convenience to the citizens of the
county, the board may enter into a contract for the construction or maintenance of such ferry, or make such contribution
as may be deemed advisable toward the construction or
maintenance thereof, and may lease, or grant exclusive
permits to use, any wharf or landing owned or leased by the
board to any person, firm or corporation furnishing, or
agreeing to furnish, ferry service between such county and
the adjoining state. [1963 c 4 § 36.53.150. Prior: 1921 c
165 § 1; 1915 c 26 § 1; RRS § 5478.]
Chapter 36.54
FERRIES—COUNTY OWNED
Sections
36.54.010
36.54.015
36.54.020
36.54.030
36.54.040
36.54.050
36.54.060
36.54.070
County may acquire, construct, maintain, and operate ferry.
Ferries—Fourteen year long range improvement plan—
Contents.
Joint ferries—Generally.
Joint ferries over water boundary between two counties.
Joint ferries over water boundary between two counties—
Joint board of commissioners to administer—Records
kept.
Joint ferries over water boundary between two counties—
Commission authority—Expenses shared.
Joint ferries over water boundary between two counties—
Audit and allowance of claims.
Joint ferries over water boundary between two counties—
County commissioner duties enumerated—Omission as
ground for impeachment.
36.54.010 County may acquire, construct, maintain,
and operate ferry. Any county may construct, condemn, or
purchase, operate and maintain ferries or wharves at any
unfordable stream, lake, estuary or bay within or bordering
(2002 Ed.)
Ferries—County Owned
on said county, or between portions of the county, or
between such county and other counties, together with all the
necessary boats, grounds, roads, approaches, and landings
appertaining thereto under the direction and control of the
board of county commissioners free or for toll and as the
board shall by resolution determine. [1963 c 4 § 36.54.010.
Prior: 1919 c 115 § 1; 1899 c 29 § 1; 1895 c 130 § 2; RRS
§ 5477.]
36.54.015 Ferries—Fourteen year long range
improvement plan—Contents. The legislative authority of
every county operating ferries shall prepare, with the advice
and assistance of the county engineer, a fourteen year long
range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing
of each major element of the system showing its estimated
current value, its estimated replacement cost, and its amortization period. [1975 1st ex.s. c 21 § 2.]
36.54.020 Joint ferries—Generally. The board of
county commissioners of any county may, severally or
jointly with any other county, city or town, or the state of
Washington, or any other state or any county, city or town
of any other state, construct or acquire by purchase, gift, or
condemnation, and operate any ferry necessary for continuation or connection of any county road across any navigable
water. The procedure with respect to the exercise of the
power herein granted shall be the same as provided for the
joint erection or acquisition of bridges, trestles, or other
structures. Any such ferries may be operated as free ferries
or as toll ferries under the provisions of law of this state
relating thereto. [1963 c 4 § 36.54.020. Prior: 1937 c 187
§ 31; RRS § 6450-31.]
36.54.030 Joint ferries over water boundary
between two counties. Whenever a river, lake, or other
body of water is on the boundary line between two counties,
the boards of county commissioners of the counties adjoining
such stream or body of water may construct, purchase,
equip, maintain, and operate a ferry across such river, lake,
or other body of water, when such ferry connects the county
roads or other public highways of their respective counties.
All costs and expenses of constructing, purchasing, maintaining, and operating such ferry shall be paid by the two
counties, each paying such proportion thereof as shall be
agreed upon by the boards of county commissioners. [1963
c 4 § 36.54.030. Prior: 1917 c 158 § 1; RRS § 5479.]
36.54.040 Joint ferries over water boundary
between two counties—Joint board of commissioners to
administer—Records kept. The boards of county commissioners of the two counties, participating in a joint ferry,
shall meet in joint session at the county seat of one of the
counties interested, and shall elect one of their members as
chairman of the joint board of commissioners, who shall act
as such chairman during the remainder of his term of office,
and, at the expiration of his term of office, the two boards of
county commissioners shall meet and elect a new chairman,
who shall act as such chairman during his term of office as
county commissioner, and they shall continue to elect a
chairman in like manner thereafter. The county auditors of
(2002 Ed.)
36.54.010
the counties shall be clerks of such joint commission, and
the county auditor of the county where each meeting is held
shall act as clerk of the commission at all meetings held in
his county. Each county auditor, as soon as the joint
commission is organized, shall procure a record book and
enter therein a complete record of the proceedings of the
commission, and immediately after each adjournment the
county auditor of the county in which the meeting is held
shall forward a complete copy of the minutes of the proceedings of the commission to the auditor of the other county to
be entered by him in his record. Each county shall keep a
complete record of the proceedings of the commission.
[1963 c 4 § 36.54.040. Prior: 1917 c 158 § 2; RRS §
5480.]
36.54.050 Joint ferries over water boundary
between two counties—Commission authority—Expenses
shared. The joint commission is authorized to transact all
business necessary in carrying out the purposes of RCW
36.54.030 through 36.54.070 and its acts shall be binding
upon the two counties, and one-half of all bills and obligations created by the commission shall be binding and a legal
charge against the road fund of each county and the claims
therefor shall be allowed and paid out of the county road
fund the same as other claims against said fund are allowed
and paid. [1963 c 4 § 36.54.050. Prior: 1917 c 158 § 3;
RRS § 5481.]
36.54.060 Joint ferries over water boundary
between two counties—Audit and allowance of claims.
All claims and accounts for the construction, operation and
maintenance of a joint county ferry shall be presented to and
audited by the joint commission: PROVIDED, That items
of expense connected with the operation of such ferry which
do not exceed the sum of thirty dollars may be presented to
the chairman of the joint commission and allowed by him
and when allowed shall be a joint charge against the road
fund of each of the counties operating such ferry. [1963 c
4 § 36.54.060. Prior: 1917 c 158 § 4; RRS § 5482.]
36.54.070 Joint ferries over water boundary
between two counties—County commissioner duties
enumerated—Omission as ground for impeachment. The
members of the board of county commissioners of each
county shall be members of the joint commission and their
refusal to act shall be ground for impeachment. They shall
provide for the maintenance and operation of the ferry until
it is discontinued by a majority vote of the joint commission.
[1963 c 4 § 36.54.070. Prior: 1917 c 158 § 5; RRS §
5483.]
Chapter 36.55
FRANCHISES ON ROADS AND BRIDGES
Sections
36.55.010
36.55.020
36.55.030
36.55.040
36.55.050
36.55.060
Pipe line and wire line franchises on county roads.
Cattleguards, tramroad, and railway rights.
Franchises on county bridges.
Application—Notice of hearing.
Hearing—Order.
Limitations upon grants.
[Title 36 RCW—page 107]
Chapter 36.55
36.55.070
36.55.080
Title 36 RCW: Counties
Existing franchises validated.
Record of franchises.
36.55.010 Pipe line and wire line franchises on
county roads. Any board of county commissioners may
grant franchises to persons or private or municipal corporations to use the right of way of county roads in their
respective counties for the construction and maintenance of
waterworks, gas pipes, telephone, telegraph, and electric light
lines, sewers and any other such facilities. [1963 c 4 §
36.55.010. Prior: 1961 c 55 § 2; prior: 1937 c 187 § 38,
part; RRS § 6450-38, part.]
36.55.020 Cattleguards, tramroad, and railway
rights. Any board of county commissioners may grant to
any person the right to build and maintain tramroads and
railway roads upon county roads under such regulations and
conditions as the board may prescribe, and may grant to any
person the right to build and maintain cattleguards across the
entire right of way on any county road, under such regulations and conditions as the board may prescribe: PROVIDED, That such tramroad or railway road shall not occupy
more than eight feet of the county road upon which the same
is built and shall not be built upon the roadway of such
county road nor in such a way as to interfere with the public
travel thereon. [1963 c 4 § 36.55.020. Prior: 1941 c 138
§ 1; 1937 c 187 § 39; Rem. Supp. 1941 § 6450-39.]
36.55.030 Franchises on county bridges. Any board
of county commissioners may grant franchises upon bridges,
trestles, or other structures constructed and maintained by it,
severally or jointly with any other county or city or town of
this state, or jointly with any other state or any county, city
or town of any other state, in the same manner and under the
same provisions as govern the granting of franchises on
county roads. [1963 c 4 § 36.55.030. Prior: 1937 c 187 §
40; RRS § 6450-40.]
36.55.040 Application—Notice of hearing. On
application being made to the county legislative authority for
franchise, it shall fix a time and place for hearing the same,
and shall cause the county auditor to give public notice
thereof at the expense of the applicant, by posting notices in
three public places in the county seat of the county at least
fifteen days before the day fixed for the hearing. The
county legislative authority shall also publish a like notice
two times in the official newspaper of the county, the last
publication to be not less than five days before the day fixed
for the hearing. The notice shall state the name or names of
the applicant or applicants, a description of the county roads
by reference to section, township and range in which the
county roads or portions thereof are physically located, to be
included in the franchise for which the application is made,
and the time and place fixed for the hearing. [1985 c 469 §
49; 1963 c 4 § 36.55.040. Prior: 1961 c 55 § 3; prior:
1937 c 187 § 38, part; RRS § 6450-38, part.]
36.55.050 Hearing—Order. The hearing may be
adjourned from time to time by the order of the board of
county commissioners. If, after the hearing, the board deems
it to be for the public interest to grant the franchise in whole
[Title 36 RCW—page 108]
or in part, it may make and enter a resolution to that effect
and may require the applicant to place his utility and its
appurtenances in such location on or along the county road
as the board finds will cause the least interference with other
uses of the road. [1963 c 4 § 36.55.050. Prior: 1961 c 55
§ 4; prior: 1937 c 187 § 38, part; RRS § 6450-38, part.]
36.55.060 Limitations upon grants. (1) Any person
constructing or operating any utility on or along a county
road shall be liable to the county for all necessary expense
incurred in restoring the county road to a suitable condition
for travel.
(2) No franchise shall be granted for a period of longer
than fifty years.
(3) No exclusive franchise or privilege shall be granted.
(4) The facilities of the holder of any such franchise
shall be removed at the expense of the holder thereof, to
some other location on such county road in the event it is to
be constructed, altered, or improved or becomes a primary
state highway and such removal is reasonably necessary for
the construction, alteration, or improvement thereof. [1963
c 4 § 36.55.060. Prior: 1961 c 55 § 5; prior: 1937 c 187
§ 38, part; RRS § 6450-38, part.]
36.55.070 Existing franchises validated. All rights,
privileges, or franchises granted or attempted to be granted
by the board of county commissioners of any county prior to
April 1, 1937, when such board of county commissioners
was in regular or special session and when the action of such
board is shown by its records, to any person to erect,
construct, maintain, or operate any railway or poles, pole
lines, wires, or any other thing for the furnishing, transmission, delivery, enjoyment, or use of electric energy, electric
power, electric light, and telephone connection therewith, or
any other matter relating thereto; or to lay or maintain pipes
for the distribution of water, or gas, or to or for any other
such facilities in, upon, along, through or over any county
roads, are confirmed and declared to be valid to the extent
that such rights, privileges, or franchises specifically refer or
apply to any county road or county roads, or to the extent
that any such county road has prior to April 1, 1937, been
actually occupied by the bona fide construction and operation of such utility, and such rights, privileges, and franchises hereby confirmed shall have the same force and effect as
if the board of county commissioners prior to the time of
granting said rights, privileges, and franchises, had been
specifically authorized to grant them. [1963 c 4 § 36.55.070.
Prior: 1937 c 187 § 41; RRS § 6450-41.]
36.55.080 Record of franchises. The board of county
commissioners shall cause to be recorded with the county
auditor a complete record of all existing franchises upon the
county roads of its county and the auditor shall keep and
maintain a currently correct record of all franchises existing
or granted with the information describing the holder of the
franchise, the purpose thereof, the portion of county road
over or along which granted, the date of granting, term for
which granted, and date of expiration, and any other information with reference to any special provisions of such
franchises. [1963 c 4 § 36.55.080. Prior: 1937 c 187 § 42;
RRS § 6450-42.]
(2002 Ed.)
Metropolitan Municipal Corporation Functions, Etc.—Assumption by Counties
Chapter 36.56
METROPOLITAN MUNICIPAL CORPORATION
FUNCTIONS, ETC.—ASSUMPTION BY COUNTIES
Sections
36.56.010
Assumption of rights, powers, functions, and obligations
authorized.
36.56.020 Ordinance or resolution of intention to assume rights, powers, functions and obligations—Adoption—Publication—
Hearing.
36.56.030 Hearing.
36.56.040 Declaration of intention to assume—Submission of ordinance or resolution to voters required—Extent of rights,
powers, functions and obligations assumed and vested in
county—Abolition of metropolitan council—Transfer of
rights, powers, functions and obligations to county.
36.56.050 Employees and personnel.
36.56.060 Apportionment of budgeted funds—Transfer and adjustment
of funds, accounts and records.
36.56.070 Existing rights, actions, proceedings, etc. not impaired or
altered.
36.56.080 Collective bargaining units or agreements.
36.56.090 Rules and regulations, pending business, contracts, obligations, validity of official acts.
36.56.100 Real and personal property—Reports, books, records, etc.—
Funds, credits, assets—Appropriations or federal grants.
36.56.110 Debts and obligations.
36.56.120 Maintenance plan.
36.56.900 Severability—Construction—1977 ex.s. c 277.
36.56.910 Effective date—1977 ex.s. c 277.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by county or metropolitan municipal
corporation: RCW 64.04.130.
36.56.010 Assumption of rights, powers, functions,
and obligations authorized. Any county with a population
of two hundred ten thousand or more in which a metropolitan municipal corporation has been established pursuant to
chapter 35.58 RCW with boundaries coterminous with the
boundaries of the county may by ordinance or resolution, as
the case may be, of the county legislative authority assume
the rights, powers, functions, and obligations of such
metropolitan municipal corporation in accordance with the
provisions of *this 1977 amendatory act. The definitions
contained in RCW 35.58.020 shall be applicable to this
chapter. [1991 c 363 § 72; 1977 ex.s. c 277 § 1.]
*Reviser’s note: "this 1977 amendatory act" or "this act" [1977 ex.s.
c 277] consists of chapter 36.56 RCW and the amendment to RCW
35.58.020 by 1977 ex.s. c 277.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.56.020 Ordinance or resolution of intention to
assume rights, powers, functions and obligations—
Adoption—Publication—Hearing. The assumption of the
rights, powers, functions, and obligations of a metropolitan
municipal corporation may be initiated by the adoption of an
ordinance or a resolution, as the case may be, by the county
legislative authority indicating its intention to conduct a
hearing concerning assumption of such rights, powers,
functions, and obligations. In the event the county legislative authority adopts such an ordinance or a resolution of
intention, such ordinance or resolution shall set a time and
place at which it will consider the proposed assumption of
the rights, powers, functions, and obligations of the metropolitan municipal corporation, and shall state that all persons
(2002 Ed.)
Chapter 36.56
interested may appear and be heard. Such ordinance or
resolution of intention shall be published for at least four
times during the four weeks next preceding the scheduled
hearing in newspapers of daily general circulation printed or
published in said county. [1977 ex.s. c 277 § 2.]
36.56.030 Hearing. At the time scheduled for the
hearing in the ordinance or resolution of intention, the
county legislative authority shall consider the assumption of
the rights, powers, functions, and obligations of the metropolitan municipal corporation, and hear those appearing and
all protests and objections to it. The county legislative
authority may continue the hearing from time to time, not
exceeding sixty days in all. [1977 ex.s. c 277 § 3.]
36.56.040 Declaration of intention to assume—
Submission of ordinance or resolution to voters required—Extent of rights, powers, functions and obligations assumed and vested in county—Abolition of metropolitan council—Transfer of rights, powers, functions
and obligations to county. If, from the testimony given
before the county legislative authority, it appears that the
public interest or welfare would be satisfied by the county
assuming the rights, powers, functions, and obligations of the
metropolitan municipal corporation, the county legislative
authority may declare that to be its intent and assume such
rights, powers, functions, and obligations by ordinance or
resolution, as the case may be, providing that the county
shall be vested with every right, power, function, and
obligation currently granted to or possessed by the metropolitan municipal corporation pursuant to chapter 35.58 RCW
(including *RCW 35.58.273 relating to levy and use of the
motor vehicle excise tax) or other provision of state law,
including but not limited to, the power and authority to levy
a sales and use tax pursuant to chapter 82.14 RCW or other
provision of law: PROVIDED, That such ordinance or
resolution shall be submitted to the voters of the county for
their adoption and ratification or rejection, and if a majority
of the persons voting on the proposition residing within the
central city shall vote in favor thereof and a majority of the
persons voting on the proposition residing in the metropolitan area outside of the central city shall vote in favor
thereof, the ordinance or resolution shall be deemed adopted
and ratified.
Upon assumption of the rights, powers, functions, and
obligations of the metropolitan municipal corporation by the
county, the metropolitan council established pursuant to the
provisions of RCW 35.58.120 through 35.58.160 shall be
abolished, said provisions shall be inapplicable to the county,
and the county legislative authority shall thereafter be vested
with all rights, powers, duties, and obligations otherwise
vested by law in the metropolitan council: PROVIDED,
That in any county with a home rule charter such rights,
powers, functions, and obligations shall vest in accordance
with the executive and legislative responsibilities defined in
such charter. [1977 ex.s. c 277 § 4.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
36.56.050 Employees and personnel. All employees
and personnel of the metropolitan municipal corporation who
are under a personnel system pursuant to RCW 35.58.370
[Title 36 RCW—page 109]
36.56.050
Title 36 RCW: Counties
shall be assigned to the county personnel system to perform
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules
governing the county personnel system. [1977 ex.s. c 277
§ 5.]
36.56.060 Apportionment of budgeted funds—
Transfer and adjustment of funds, accounts and records.
If apportionments of budgeted funds are required because of
the transfers authorized by this chapter, the county budget
office shall certify such apportionments to the agencies and
local governmental units affected and to the state auditor.
Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with such certification. [1977
ex.s. c 277 § 6.]
36.56.070 Existing rights, actions, proceedings, etc.
not impaired or altered. No transfer of any function made
pursuant to this chapter shall be construed to impair or alter
any existing rights acquired under the provisions of chapter
35.58 RCW or any other provision of law relating to metropolitan municipal corporations, nor as impairing or altering
any actions, activities, or proceedings validated thereunder,
nor as impairing or altering any civil or criminal proceedings
instituted thereunder, nor any rule, regulation, or order
promulgated thereunder, nor any administrative action taken
thereunder; and neither the assumption of control of any
metropolitan municipal function by a county, nor any
transfer of rights, powers, functions, and obligations as
provided in this chapter, shall impair or alter the validity of
any act performed by such metropolitan municipal corporation or division thereof or any officer thereof prior to the
assumption of such rights, powers, functions, and obligations
by any county as authorized by this chapter. [1977 ex.s. c
277 § 7.]
36.56.080 Collective bargaining units or agreements. Nothing contained in this chapter shall be construed
to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until
any such agreement has expired or until any such bargaining
unit has been modified as provided by law. [1977 ex.s. c
277 § 8.]
36.56.090 Rules and regulations, pending business,
contracts, obligations, validity of official acts. All rules
and regulations, and all pending business before the committees, divisions, boards, and other agencies of any metropolitan municipal corporation transferred pursuant to the provisions of this chapter shall be continued and acted upon by
the county.
All existing contracts and obligations of the transferred
metropolitan municipal corporation shall remain in full force
and effect, and shall be performed by the county. No
transfer authorized in this chapter shall affect the validity of
any official act performed by any official or employee prior
to the transfer authorized pursuant to *this amendatory act.
[1977 ex.s. c 277 § 9.]
[Title 36 RCW—page 110]
*Reviser’s note: "this amendatory act," see note following RCW
36.56.010.
36.56.100 Real and personal property—Reports,
books, records, etc.—Funds, credits, assets—
Appropriations or federal grants. When the rights,
powers, functions, and obligations of a metropolitan municipal corporation are transferred pursuant to this chapter, all
real and personal property owned by the metropolitan
municipal corporation shall become that of the county.
All reports, documents, surveys, books, records, files,
papers, or other writings relating to the administration of the
powers, duties, and functions transferred pursuant to this
chapter and available to the metropolitan municipal corporation shall be made available to the county.
All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed in carrying out the
rights, powers, functions, and obligations transferred by this
chapter and available to the metropolitan municipal corporation shall be made available to the county.
All funds, credits, or other assets held in connection
with powers, duties, and functions herein transferred shall be
assigned to the county.
Any appropriations or federal grant made to any
committee, division, board, or other department of a metropolitan municipal corporation for the purpose of carrying out
the rights, powers, functions, and obligations authorized to
be assumed by a county pursuant to this chapter shall on the
effective date of such transfer be credited to the county for
the purpose of carrying out such transferred rights, powers,
functions, and obligations. [1977 ex.s. c 277 § 10.]
36.56.110 Debts and obligations. The county shall
assume and agree to provide for the payment of all of the
indebtedness of the metropolitan municipal corporation
including the payment and retirement of outstanding general
obligation and revenue bonds issued by the metropolitan
municipal corporation. Until the indebtedness of a metropolitan municipal corporation thus assumed by a county has
been discharged, all property within the boundaries of the
metropolitan municipal corporation and the owners and
occupants of that property, shall continue to be liable for
taxes, special assessments, and other charges legally pledged
to pay the indebtedness of the metropolitan municipal
corporation. The county shall assume the obligation of
causing the payment of such indebtedness, collecting such
taxes, assessments, and charges and observing and performing the other contractual obligations of the metropolitan
municipal corporation. The legislative authority of the
county shall act in the same manner as the governing body
of the metropolitan municipal corporation for the purpose of
certifying the amount of any property tax to be levied and
collected therein, and may cause service and other charges
and assessments to be collected from such property or
owners or occupants thereof, enforce such collection and
perform all acts necessary to ensure performance of the
contractual obligations of the metropolitan municipal
corporation in the same manner and by the same means as
if the property of the metropolitan municipal corporation had
not been acquired by the county.
When a county assumes the obligation of paying
indebtedness of a metropolitan municipal corporation and if
(2002 Ed.)
Metropolitan Municipal Corporation Functions, Etc.—Assumption by Counties
property taxes or assessments have been levied and service
and other charges have accrued for such purpose but have
not been collected by the metropolitan municipal corporation
prior to such assumption, the same when collected shall
belong and be paid to the county and be used by such
county so far as necessary for payment of the indebtedness
of the metropolitan municipal corporation existing and
unpaid on the date such county assumed that indebtedness.
Any funds received by the county which have been collected
for the purpose of paying any bonded or other indebtedness
of the metropolitan municipal corporation shall be used for
the purpose for which they were collected and for no other
purpose until such indebtedness has been paid and retired or
adequate provision has been made for such payment and
retirement. No transfer of property as provided in *this act
shall derogate from the claims or rights of the creditors of
the metropolitan municipal corporation or impair the ability
of the metropolitan municipal corporation to respond to its
debts and obligations. [1977 ex.s. c 277 § 11.]
*Reviser’s note: "this act," see note following RCW 36.56.010.
36.56.120 Maintenance plan. (Effective if Referendum Bill No. 51 is approved at the November 2002 general
election.) As a condition of receiving state funding, a county that has assumed the transportation functions of a metropolitan municipal corporation shall submit a maintenance and
preservation management plan for certification by the
transportation commission or its successor entity. The plan
must inventory all transportation system assets within the
direction and control of the county, and provide a preservation plan based on lowest life cycle cost methodologies.
[2002 c 5 § 410.]
Contingency—2002 c 5 §§ 409-412, 415, and 416: See note
following RCW 35.84.060.
Finding—Intent—2002 c 5: See note following RCW 35.84.060.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
36.56.900 Severability—Construction—1977 ex.s. c
277. If any provision of this 1977 amendatory act, or its
application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to
other persons or circumstances is not affected. In the event
the provisions in RCW 36.56.040 requiring approval by both
the voters of a central city and the county voters residing
outside of the central city are held to be invalid, then such
provisions shall be severable and the ballot proposition on
the transfer of the metropolitan municipal corporation to the
county shall be decided by the majority vote of the voters
voting thereon in a county-wide election. [1977 ex.s. c 277
§ 14.]
36.56.910 Effective date—1977 ex.s. c 277. This
1977 amendatory act shall take effect July 1, 1978. [1977
ex.s. c 277 § 15.]
36.56.110
Chapter 36.57
COUNTY PUBLIC
TRANSPORTATION AUTHORITY
Sections
36.57.010
36.57.020
36.57.030
36.57.040
36.57.050
36.57.060
36.57.070
36.57.080
Definitions.
Public transportation authority authorized.
Membership—Compensation.
Powers and duties.
Chairman—General manager.
Transportation fund—Contributions.
Public transportation plan.
Transfer of transportation powers and rights to authority—
Funds—Contract indebtedness.
36.57.090 Acquisition of existing transportation system—Assumption
of labor contracts—Transfer of employees—Preservation
of benefits—Collective bargaining.
36.57.100 Counties authorized to perform public transportation function in unincorporated areas—Exceptions.
36.57.110 Boundaries of unincorporated transportation benefit areas.
36.57.120 Rail fixed guideway system—Safety and security program
plan.
36.57.130 Public transportation for persons with special needs.
Financing of public transportation systems: Chapter 35.95 RCW and RCW
82.14.045.
Municipality defined for purposes of RCW 36.57.080, 36.57.100, and
36.57.110: RCW 35.58.272.
36.57.010 Definitions. For the purposes of this
chapter the following definitions shall apply:
(1) "Authority" means the county transportation authority created pursuant to this chapter.
(2) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made by the office of financial management.
(3) "Public transportation function" means the transportation of passengers and their incidental baggage by means
other than by chartered bus, sightseeing bus, together with
the necessary passenger terminals and parking facilities or
other properties necessary for passenger and vehicular access
to and from such people-moving systems, and may include
contracting for the provision of ambulance services for the
transportation of the sick and injured: PROVIDED, That
such contracting for ambulance services shall not include the
exercise of eminent domain powers: PROVIDED, FURTHER, That nothing shall prohibit an authority from leasing
its buses to private certified carriers or prohibit the county
from providing school bus service. [1981 c 319 § 1; 1979
c 151 § 39; 1974 ex.s. c 167 § 1.]
Population determinations, office of financial management: Chapter 43.62
RCW.
36.57.020 Public transportation authority authorized. Every county, except a county in which a metropolitan municipal corporation is performing the function of public transportation on May 5, 1974, is authorized to create a
county transportation authority which shall perform the
function of public transportation. Such authority shall
embrace all the territory within a single county and all cities
and towns therein. [1974 ex.s. c 167 § 2.]
36.57.030 Membership—Compensation. Every
county which undertakes the transportation function pursuant
to RCW 36.57.020 shall create by resolution of the county
(2002 Ed.)
[Title 36 RCW—page 111]
36.57.030
Title 36 RCW: Counties
legislative body a county transportation authority which shall
be composed as follows:
(1) The elected officials of the county legislative body,
not to exceed three such elected officials;
(2) The mayor of the most populous city within the
county;
(3) The mayor of a city with a population less than five
thousand, to be selected by the mayors of all such cities
within the county;
(4) The mayor of a city with a population greater than
five thousand, excluding the most populous city, to be
selected by the mayors of all such cities within the county:
PROVIDED, HOWEVER, That if there is no city with a
population greater than five thousand, excluding the most
populous city, then the sixth member who shall be an elected
official, shall be selected by the other two mayors selected
pursuant to subsections (2) and (3) of this section.
The members of the authority shall be selected within
sixty days after the date of the resolution creating such
authority.
Any member of the authority who is a mayor or an
elected official selected pursuant to subsection (4) above and
whose office is not a full time position shall receive one
hundred dollars for each day attending official meetings of
the authority. [1974 ex.s. c 167 § 3.]
36.57.040 Powers and duties. Every county transportation authority created to perform the function of public
transportation pursuant to RCW 36.57.020 shall have the
following powers:
(1) To prepare, adopt, carry out, and amend a general
comprehensive plan for public transportation service.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate, and regulate the use of any transportation
facilities and properties, including terminal and parking
facilities, together with all lands, rights of way, property,
equipment, and accessories necessary for such systems and
facilities.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to senior citizens, handicapped persons, and students.
(4) If a county transit authority extends its transportation
function to any area in which service is already offered by
any company holding a certificate of public convenience and
necessity from the Washington utilities and transportation
commission under RCW 81.68.040, to acquire by purchase
or condemnation at the fair market value, from the person
holding the existing certificate for providing the services,
that portion of the operating authority and equipment
representing the services within the area of public operation,
or to contract with such person or corporation to continue to
operate such service or any part thereof for time and upon
such terms and conditions as provided by contract.
(5)(a) To contract with the United States or any agency
thereof, any state or agency thereof, any metropolitan
municipal corporation, any other county, city, special district,
or governmental agency and any private person, firm, or
corporation for the purpose of receiving gifts or grants or
[Title 36 RCW—page 112]
securing loans or advances for preliminary planning and
feasibility studies, or for the design, construction, operation,
or maintenance of transportation facilities and ambulance
services: PROVIDED, That before the authority enters into
any such contract for the provision of ambulance service, it
shall submit to the voters a proposition authorizing such
contracting authority, and a majority of those voting thereon
shall have approved the proposition; and
(b) To contract with any governmental agency or with
any private person, firm, or corporation for the use by either
contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and
rights of way of all kinds which are owned, leased, or held
by the other party and for the purpose of planning, constructing, or operating any facility or performing any service
related to transportation which the county is authorized to
operate or perform, on such terms as may be agreed upon by
the contracting parties: PROVIDED, That before any
contract for the lease or operation of any transportation
facilities shall be let to any private person, firm, or corporation, competitive bids shall first be called for and contracts
awarded in accord with the procedures established in accord
with RCW 36.32.240, 36.32.250, and 36.32.270.
(6) In addition to all other powers and duties, an
authority shall have the power to own, construct, purchase,
lease, add to, and maintain any real and personal property or
property rights necessary for the conduct of the affairs of the
authority. An authority may sell, lease, convey, or otherwise
dispose of any authority real or personal property no longer
necessary for the conduct of the affairs of the authority. An
authority may enter into contracts to carry out the provisions
of this section. [1982 c 10 § 6. Prior: 1981 c 319 § 2;
1981 c 25 § 3; 1974 ex.s. c 167 § 4.]
Severability—1982 c 10: See note following RCW 6.13.080.
36.57.050 Chairman—General manager. The
authority shall elect a chairman, and appoint a general
manager who shall be experienced in administration, and
who shall act as executive secretary to, and administrative
officer for the authority. He shall also be empowered to
employ such technical and other personnel as approved by
the authority. The general manager shall be paid such salary
and allowed such expenses as shall be determined by the
authority. The general manager shall hold office at the
pleasure of the authority, and shall not be removed until
after notice is given him, and an opportunity for a hearing
before the authority as to the reason for his removal. [1974
ex.s. c 167 § 5.]
36.57.060 Transportation fund—Contributions.
Each authority shall establish a fund to be designated as the
"transportation fund", in which shall be placed all sums
received by the authority from any source, and out of which
shall be expended all sums disbursed by the authority. The
county treasurer shall be the custodian of the fund, and the
county auditor shall keep the record of the receipts and
disbursements, and shall draw and the county treasurer shall
honor and pay all warrants, which shall be approved before
issuance and payment as directed by the authority.
The county and each city or town which is included in
the authority shall contribute such sums towards the expense
(2002 Ed.)
County Public Transportation Authority
for maintaining and operating the authority as shall be
agreed upon between them. [1974 ex.s. c 167 § 6.]
36.57.070 Public transportation plan. The authority
shall adopt a public transportation plan. Such plan shall be
a general comprehensive plan designed to best serve the
residents of the entire county. Prior to adoption of the plan,
the authority shall provide a minimum of sixty days during
which sufficient hearings shall be held to provide interested
persons an opportunity to participate in development of the
plan. [1974 ex.s. c 167 § 7.]
36.57.080 Transfer of transportation powers and
rights to authority—Funds—Contract indebtedness. On
the effective date of the proposition approved by the voters
in accord with RCW 35.95.040 or 82.14.045, as now or
hereafter amended, the authority shall have and exercise all
rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control and
management of passenger transportation which the county or
any city located within such county shall have been previously empowered to exercise and such powers shall not
thereafter be exercised by the county or such cities without
the consent of the authority. The county and all cities within
such county upon demand of the authority shall transfer to
the authority all unexpended funds earmarked or budgeted
from any source for public transportation, including funds
receivable. The county in which an authority is located shall
have the power to contract indebtedness and issue bonds
pursuant to chapter 36.67 RCW to enable the authority to
carry out the purposes of this chapter and RCW 35.95.040
or 82.14.045, as now or hereafter amended, and the purposes
of this chapter and RCW 35.95.040 or 82.14.045, as now or
hereafter amended, shall constitute a "county purpose" as
that term is used in chapter 36.67 RCW. [1975 1st ex.s. c
270 § 5; 1974 ex.s. c 167 § 8.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57.090 Acquisition of existing transportation
system—Assumption of labor contracts—Transfer of
employees—Preservation of benefits—Collective bargaining. A county transportation authority may acquire any
existing transportation system by conveyance, sale, or lease.
In any purchase from a county or city, the authority shall
receive credit from the county or city for any federal
assistance and state matching assistance used by the county
or city in acquiring any portion of such system. The authority shall assume and observe all existing labor contracts
relating to such system and, to the extent necessary for
operation of facilities, all of the employees of such acquired
transportation system whose duties are necessary to operate
efficiently the facilities acquired shall be appointed to
comparable positions to those which they held at the time of
such transfer, and no employee or retired or pensioned
employee of such systems shall be placed in any worse
position with respect to pension seniority, wages, sick leave,
vacation or other benefits that he enjoyed as an employee of
such system prior to such acquisition. The authority shall
engage in collective bargaining with the duly appointed
representatives of any employee labor organization having
(2002 Ed.)
36.57.060
existing contracts with the acquired transportation system
and may enter into labor contracts with such employee labor
organization. [1974 ex.s. c 167 § 9.]
36.57.100 Counties authorized to perform public
transportation function in unincorporated areas—
Exceptions. Every county, except a county in which a
metropolitan municipal corporation is performing the public
transportation function as of July 1, 1975, is authorized to
perform such function in such portions of the unincorporated
areas of the county, except within the boundaries of a public
transportation benefit area established pursuant to chapter
36.57A RCW, as the county legislative body shall determine
and the county shall have those powers as are specified in
RCW 36.57.040 with respect to the provision of public
transportation as is authorized pursuant to RCW 36.57.040.
[1975 1st ex.s. c 270 § 9.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57.110 Boundaries of unincorporated transportation benefit areas. The legislative body of any county is
hereby authorized to create and define the boundaries of
unincorporated transportation benefit areas within the
unincorporated areas of the county, following school district
or election precinct lines, as far as practicable. Such areas
shall include only those portions of the unincorporated area
of the county which could reasonably assume to benefit from
the provision of public transportation services. [1975 1st
ex.s. c 270 § 10.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57.120 Rail fixed guideway system—Safety and
security program plan. (1) Each county transportation
authority that owns or operates a rail fixed guideway system
as defined in RCW 81.104.015 shall submit a system safety
and security program plan for that guideway to the state
department of transportation by September 1, 1999, or at
least three months before beginning operations or instituting
revisions to its plan. This plan must describe the county
transportation authority’s procedures for (a) reporting and
investigating reportable accidents, unacceptable hazardous
conditions, and security breaches, (b) submitting corrective
action plans and annual safety and security audit reports, (c)
facilitating on-site safety and security reviews by the state
department of transportation, and (d) addressing passenger
and employee security. The plan must, at a minimum,
conform to the standards adopted by the state department of
transportation. If required by the department, the county
transportation authority shall revise its plan to incorporate
the department’s review comments within sixty days after
their receipt, and resubmit its revised plan for review.
(2) Each county transportation authority shall implement
and comply with its system safety and security program
plan. The county transportation authority shall perform
internal safety and security audits to evaluate its compliance
with the plan, and submit its audit schedule to the department of transportation no later than December 15th each
year. The county transportation authority shall prepare an
annual report for its internal safety and security audits
[Title 36 RCW—page 113]
36.57.120
Title 36 RCW: Counties
undertaken in the prior year and submit it to the department
no later than February 15th. This annual report must include
the dates the audits were conducted, the scope of the audit
activity, the audit findings and recommendations, the status
of any corrective actions taken as a result of the audit
activity, and the results of each audit in terms of the adequacy and effectiveness of the plan.
(3) Each county transportation authority shall notify the
department of transportation within twenty-four hours of an
occurrence of a reportable accident, unacceptable hazardous
condition, or security breach. The department may adopt
rules further defining a reportable accident, unacceptable
hazardous condition, or security breach. The county transportation authority shall investigate all reportable accidents,
unacceptable hazardous conditions, or security breaches and
provide a written investigation report to the department
within forty-five calendar days after the reportable accident,
unacceptable hazardous condition, or security breach.
(4) The security section of the safety and security plan
required in subsection (1)(d) of this section is exempt from
public disclosure under chapter 42.17 RCW. However, the
activities and plans as described in subsections (1)(a), (b),
and (c), (2), and (3) of this section are not subject to this
exemption. [1999 c 202 § 4.]
Effective date—1999 c 202: See note following RCW 35.21.228.
36.57.130 Public transportation for persons with
special needs. (1) Effective January 1, 2001, in addition to
any other authority granted under this chapter, a county
transportation authority may be created to purchase, acquire,
maintain, operate, or lease transportation services, equipment,
and facilities for public transportation limited only to persons
with special needs by any method or combination of methods provided by the authority.
(2) As used in this section, "persons with special needs"
means those persons, including their personal attendants,
who because of physical or mental disability, income status,
or age are unable to transport themselves or purchase
transportation.
(3) The county transportation authority may fix, regulate, and control fares and rates to be charged for these
transportation services. [2001 c 89 § 1.]
Chapter 36.57A
PUBLIC TRANSPORTATION BENEFIT AREAS
Sections
36.57A.010 Definitions.
36.57A.011 Municipality defined.
36.57A.020 Public transportation improvement conference—
Convening—Purpose—Multi-county conferences.
36.57A.030 Establishment or change in boundaries of public transportation benefit area—Hearing—Notice—Procedure—
Authority of county to terminate public transportation
benefit area.
36.57A.040 Cities included or excluded—Boundaries—Only benefited
areas included—One area per county, exception.
36.57A.050 Governing body—Selection, qualification, number of members—Travel expenses, compensation.
36.57A.055 Governing body—Periodic review of composition.
36.57A.060 Comprehensive plan—Development—Elements.
36.57A.070 Comprehensive plan—Review—Approval or disapproval—
Resubmission.
36.57A.080 General powers.
[Title 36 RCW—page 114]
36.57A.090 Additional powers—Acquisition of existing system.
36.57A.100 Agreements with operators of local public transportation
services—Operation without agreement prohibited—
Purchase or condemnation of assets.
36.57A.110 Powers of component city concerning passenger transportation transferred to benefit area—Operation of system by
city until acquired by benefit area—Consent.
36.57A.120 Acquisition of existing system—Labor contracts, employee
rights preserved—Collective bargaining.
36.57A.130 Treasurer and auditor—Powers and duties—Transportation
fund—Contribution of sums for expenses.
36.57A.140 Annexation of additional area.
36.57A.150 Advanced financial support payments.
36.57A.160 Dissolution and liquidation.
36.57A.170 Rail fixed guideway system—Safety and security program
plan.
36.57A.180 Public transportation for persons with special needs.
36.57A.190 Maintenance plan.
Financing of public transportation systems: Chapter 35.95 RCW and RCW
82.14.045.
Transportation centers authorized: Chapter 81.75 RCW.
36.57A.010 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Public transportation benefit area" means a municipal corporation of the state of Washington created pursuant
to this chapter.
(2) "Public transportation benefit area authority" or
"authority" means the legislative body of a public transportation benefit area.
(3) "City" means an incorporated city or town.
(4) "Component city" means an incorporated city or
town within a public transportation benefit area.
(5) "City council" means the legislative body of any city
or town.
(6) "County legislative authority" means the board of
county commissioners or the county council.
(7) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made by the office of financial management.
(8) "Public transportation service" means the transportation of packages, passengers, and their incidental baggage by
means other than by chartered bus, sight-seeing bus, together
with the necessary passenger terminals and parking facilities
or other properties necessary for passenger and vehicular
access to and from such people moving systems: PROVIDED, That nothing shall prohibit an authority from leasing its
buses to private certified carriers or prohibit the authority
from providing school bus service.
(9) "Public transportation improvement conference" or
"conference" means the body established pursuant to RCW
36.57A.020 which shall be authorized to establish, subject to
the provisions of RCW 36.57A.030, a public transportation
benefit area pursuant to the provisions of this chapter. [1983
c 65 § 1; 1979 c 151 § 40; 1975 1st ex.s. c 270 § 11.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Population determinations, office of financial management: Chapter 43.62
RCW.
36.57A.011
35.58.272.
Municipality defined. See RCW
(2002 Ed.)
Public Transportation Benefit Areas
36.57A.020 Public transportation improvement
conference—Convening—Purpose—Multi-county conferences. The county legislative authority of every county with
a population of forty thousand or more shall, and the
legislative authority of every other county may, within ninety
days of July 1, 1975, and as often thereafter as it deems
necessary, and upon thirty days prior written notice addressed to the legislative body of each city within the county
and with thirty days public notice, convene a public transportation improvement conference to be attended by an elected
representative selected by the legislative body of each city,
within such county, and by the county legislative authority.
Such conference shall be for the purpose of evaluating the
need for and the desirability of the creation of a public
transportation benefit area within certain incorporated and
unincorporated portions of the county to provide public
transportation services within such area. In those counties
where county officials believe the need for public transportation service extends across county boundaries so as to
provide public transportation service in a metropolitan area,
the county legislative bodies of two or more neighboring
counties may elect to convene a multi-county conference. In
addition, county-wide conferences may be convened by
resolution of the legislative bodies of two or more cities
within the county, not to exceed one in any twelve month
period, or a petition signed by at least ten percent of the
registered voters in the last general election of the city,
county or city/county areas of a proposed benefit area. The
chair of the conference shall be elected from the members at
large. [1991 c 363 § 73; 1975 1st ex.s. c 270 § 12.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.030 Establishment or change in boundaries
of public transportation benefit area—Hearing—Notice—
Procedure—Authority of county to terminate public
transportation benefit area. Any conference which finds
it desirable to establish a public transportation benefit area
or change the boundaries of any existing public transportation benefit area shall fix a date for a public hearing thereon,
or the legislative bodies of any two or more component
cities or the county legislative body by resolution may
require the public transportation improvement conference to
fix a date for a public hearing thereon. Prior to the convening of the public hearing, the county governing body shall
delineate the area of the county proposed to be included
within the transportation benefit area, and shall furnish a
copy of such delineation to each incorporated city within
such area. Each city shall advise the county governing body,
on a preliminary basis, of its desire to be included or
excluded from the transportation benefit area. The county
governing body shall cause the delineations to be revised to
reflect the wishes of such incorporated cities. This delineation shall be considered by the conference at the public hearing for inclusion in the public transportation benefit area.
Notice of such hearing shall be published once a week
for at least four consecutive weeks in one or more newspapers of general circulation within the area. The notice shall
contain a description and map of the boundaries of the
proposed public transportation benefit area and shall state the
(2002 Ed.)
36.57A.020
time and place of the hearing and the fact that any changes
in the boundaries of the public transportation benefit area
will be considered at such time and place. At such hearing
or any continuation thereof, any interested person may
appear and be heard on all matters relating to the effect of
the formation of the proposed public transportation benefit
area.
The conference may make such changes in the boundaries of the public transportation benefit area as they shall
deem reasonable and proper, but may not delete any portion
of the proposed area which will create an island of included
or excluded lands, and may not delete a portion of any city.
If the conference shall determine that any additional territory
should be included in the public transportation benefit area,
a second hearing shall be held and notice given in the same
manner as for the original hearing. The conference may adjourn the hearing on the formation of a public transportation
benefit area from time to time not exceeding thirty days in
all.
Following the conclusion of such hearing the conference
shall adopt a resolution fixing the boundaries of the proposed
public transportation benefit area, declaring that the formation of the proposed public transportation benefit area will be
conducive to the welfare and benefit of the persons and
property therein.
Within thirty days of the adoption of such conference
resolution, the county legislative authority of each county
wherein a conference has established proposed boundaries of
a public transportation benefit area, may by resolution, upon
making a legislative finding that the proposed benefit area
includes portions of the county which could not be reasonably expected to benefit from such benefit area or excludes
portions of the county which could be reasonably expected
to benefit from its creation, disapprove and terminate the
establishment of such public transportation benefit area
within such county. [1977 ex.s. c 44 § 1; 1975 1st ex.s. c
270 § 13.]
Severability—1977 ex.s. c 44: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 44 § 7.]
Effective date—1977 ex.s. c 44: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 44 § 8.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.040 Cities included or excluded—
Boundaries—Only benefited areas included—One area
per county, exception. At the time of its formation no
public transportation benefit area may include only a part of
any city, and every city shall be either wholly included or
wholly excluded from the boundaries of such area. Notwithstanding any other provision of law, if subsequent to the
formation of a public transportation benefit area additional
area became or will become a part of a component city by
annexation, merger, or otherwise, the additional area shall be
included within the boundaries of the transportation benefit
area and be subject to all taxes and other liabilities and
obligations of the public transportation benefit area. The
component city shall be required to notify the public
transportation benefit area at the time the city has added the
[Title 36 RCW—page 115]
36.57A.040
Title 36 RCW: Counties
additional area. Furthermore, notwithstanding any other
provisions of law except as specifically provided in this section, if a city that is not a component city of the public
transportation benefit area adds area to its boundaries that is
within the boundaries of the public transportation benefit
area, the area so added shall be deemed to be excluded from
the public transportation benefit area: PROVIDED, That the
public transportation benefit area shall be given notice of the
city’s intention to add such area. If a city extends its
boundaries through annexation across a county boundary line
and such extended boundaries include areas within the public
transportation benefit area, then the entire area of the city
within the county that is within the public transportation
benefit area shall be included within the public transportation
benefit area boundaries. Such area of the city in the public
transportation benefit area shall be considered a component
city of the public transportation benefit area corporation.
The boundaries of any public transportation benefit area
shall follow school district lines or election precinct lines, as
far as practicable. Only such areas shall be included which
the conference determines could reasonably benefit from the
provision of public transportation services. Except as
provided in RCW 36.57A.140(2), only one public transportation benefit area may be created in any county. [1992 c 16
§ 1; 1991 c 318 § 15; 1983 c 65 § 2; 1975 1st ex.s. c 270 §
14.]
Intent—1991 c 318: "The legislature recognizes that certain
communities have important cultural, economic, or transportation linkages
to communities in other counties. Many public services can most efficiently
be delivered from public agencies located in counties other than the county
within which the community is located. It is the intent of the legislature by
enacting sections 15 through 17 of this act to further more effective public
transportation linkages between communities, regardless of county
association, in order to better serve state citizen needs." [1991 c 318 § 14.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.050 Governing body—Selection, qualification, number of members—Travel expenses, compensation. Within sixty days of the establishment of the boundaries of the public transportation benefit area the members of
the county legislative authority and the elected representative
of each city within the area shall provide for the selection of
the governing body of such area, the public transportation
benefit area authority, which shall consist of elected officials
selected by and serving at the pleasure of the governing
bodies of component cities within the area and the county
legislative authority of each county within the area. If at the
time a public transportation benefit area authority assumes
the public transportation functions previously provided under
the Interlocal Cooperation Act (chapter 39.34 RCW) there
are citizen positions on the governing board of the transit
system, those positions may be retained as positions on the
governing board of the public transportation benefit area
authority.
Within such sixty-day period, any city may by resolution of its legislative body withdraw from participation in the
public transportation benefit area. The county legislative
authority and each city remaining in the public transportation
benefit area may disapprove and prevent the establishment
of any governing body of a public transportation benefit area
if the composition thereof does not meet its approval.
[Title 36 RCW—page 116]
In no case shall the governing body of a single county
public transportation benefit area be greater than nine
members and in the case of a multicounty area, fifteen
members. Those cities within the transportation benefit area
and excluded from direct membership on the authority are
hereby authorized to designate a member of the authority
who shall be entitled to represent the interests of such city
which is excluded from direct membership on the authority.
The legislative body of such city shall notify the authority as
to the determination of its authorized representative on the
authority.
Each member of the authority is eligible to be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060 and to receive compensation, as set
by the authority, in an amount not to exceed forty-four
dollars for each day during which the member attends
official meetings of the authority or performs prescribed
duties approved by the chairman of the authority. Except
that the authority may, by resolution, increase the payment
of per diem compensation to each member from forty-four
dollars up to seventy dollars per day or portion of a day for
attendance at board meetings and for performance of other
services on behalf of the authority. In no event may a member be compensated in any year for more than seventy-five
days, except the chairman who may be paid compensation
for not more than one hundred days: PROVIDED, That
compensation shall not be paid to an elected official or
employee of federal, state, or local government who is
receiving regular full-time compensation from such government for attending meetings and performing prescribed
duties of the authority. [1998 c 121 § 15; 1983 c 65 § 3;
1977 ex.s. c 44 § 2; 1975 1st ex.s. c 270 § 15.]
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.055 Governing body—Periodic review of
composition. After a public transportation benefit area has
been in existence for four years, members of the county
legislative authority and the elected representative of each
city within the boundaries of the public transportation benefit
area shall review the composition of the governing body of
the benefit area and change the composition of the governing
body if the change is deemed appropriate. The review shall
be at a meeting of the designated representatives of the
component county and cities, and the majority of those
present shall constitute a quorum at such meeting. Twenty
days notice of the meeting shall be given by the chief
administrative officer of the public transportation benefit area
authority. After the initial review, a review shall be held
every four years.
If an area having a population greater than fifteen
percent, or areas with a combined population of greater than
twenty-five percent of the population of the existing public
transportation benefit area as constituted at the last review
meeting, annex to the public transportation benefit area, or
if an area is added under RCW 36.57A.140(2), the representatives of the component county and cities shall meet within
ninety days to review and change the composition of the
governing body, if the change is deemed appropriate. This
meeting is in addition to the regular four-year review
(2002 Ed.)
Public Transportation Benefit Areas
meeting and shall be conducted pursuant to the same notice
requirement and quorum provisions of the regular review.
[1991 c 318 § 16; 1983 c 65 § 4.]
36.57A.055
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Intent—1991 c 318: See note following RCW 36.57A.040.
36.57A.060 Comprehensive plan—Development—
Elements. The public transportation benefit area authority
authorized pursuant to RCW 36.57A.050 shall develop a
comprehensive transit plan for the area. Such plan shall
include, but not be limited to the following elements:
(1) The levels of transit service that can be reasonably
provided for various portions of the benefit area.
(2) The funding requirements, including local tax
sources, state and federal funds, necessary to provide various
levels of service within the area.
(3) The impact of such a transportation program on
other transit systems operating within that county or adjacent
counties.
(4) The future enlargement of the benefit area or the
consolidation of such benefit area with other transit systems.
[1975 1st ex.s. c 270 § 16.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.070 Comprehensive plan—Review—
Approval or disapproval—Resubmission. The comprehensive transit plan adopted by the authority shall be reviewed
by the state transportation commission to determine:
(1) The completeness of service to be offered and the
economic viability of the transit system proposed in such
comprehensive transit plan;
(2) Whether such plan integrates the proposed transportation system with existing transportation modes and systems
that serve the benefit area;
(3) Whether such plan coordinates that area’s system
and service with nearby public transportation systems;
(4) Whether such plan is eligible for matching state or
federal funds;
After reviewing the comprehensive transit plan, the state
transportation commission shall have sixty days in which to
approve such plan and to certify to the state treasurer that
such public transportation benefit area shall be eligible to
receive the motor vehicle excise tax proceeds authorized
pursuant to *RCW 35.58.273, as now or hereafter amended
in the manner prescribed by chapter 82.44 RCW, as now or
hereafter amended. To be approved a plan shall provide for
coordinated transportation planning, the integration of such
proposed transportation program with other transportation
systems operating in areas adjacent to, or in the vicinity of
the proposed public transportation benefit area, and be
consistent with the public transportation coordination criteria
adopted pursuant to the urban mass transportation act of
1964 as amended as of July 1, 1975. In the event such
comprehensive plan is disapproved and ruled ineligible to
receive motor vehicle tax proceeds, the state transportation
commission shall provide written notice to the authority
within thirty days as to the reasons for such plan’s disapproval and such ineligibility. The authority may resubmit
such plan upon reconsideration and correction of such
deficiencies in the plan cited in such notice of disapproval.
[1985 c 6 § 5; 1975 1st ex.s. c 270 § 17.]
(2002 Ed.)
36.57A.080 General powers. In addition to the
powers specifically granted by this chapter a public transportation benefit area shall have all powers which are necessary
to carry out the purposes of the public transportation benefit
area. A public transportation benefit area may contract with
the United States or any agency thereof, any state or agency
thereof, any other public transportation benefit area, any
county, city, metropolitan municipal corporation, special
district, or governmental agency, within or without the state,
and any private person, firm or corporation for the purpose
of receiving gifts or grants or securing loans or advances for
preliminary planning and feasibility studies, or for the
design, construction or operation of transportation facilities.
In addition a public transportation benefit area may contract
with any governmental agency or with any private person,
firm or corporation for the use by either contracting party of
all or any part of the facilities, structures, lands, interests in
lands, air rights over lands and rights of way of all kinds
which are owned, leased or held by the other party and for
the purpose of planning, constructing or operating any facility or performing any service which the public transportation benefit area may be authorized to operate or perform, on
such terms as may be agreed upon by the contracting parties.
Before any contract for the lease or operation of any public
transportation benefit area facilities shall be let to any private
person, firm or corporation, a general schedule of rental rates
for bus equipment with or without drivers shall be publicly
posted applicable to all private certificated carriers, and for
other facilities competitive bids shall first be called upon
such notice, bidder qualifications and bid conditions as the
public transportation benefit area authority shall determine.
A public transportation benefit area may sue and be
sued in its corporate capacity in all courts and in all proceedings. [1975 1st ex.s. c 270 § 18.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.090 Additional powers—Acquisition of
existing system. A public transportation benefit area
authority shall have the following powers in addition to the
general powers granted by this chapter:
(1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best
serve the residents of the public transportation benefit area
and to amend said plan from time to time to meet changed
conditions and requirements.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate, and regulate the use of transportation
facilities and properties within or without the public transportation benefit area or the state, including systems of surface, underground, or overhead railways, tramways, buses,
or any other means of local transportation except taxis, and
including escalators, moving sidewalks, or other peoplemoving systems, passenger terminal and parking facilities
and properties, and such other facilities and properties as
may be necessary for passenger and vehicular access to and
from such people-moving systems, terminal and parking
[Title 36 RCW—page 117]
36.57A.090
Title 36 RCW: Counties
facilities and properties, together with all lands, rights of
way, property, equipment, and accessories necessary for such
systems and facilities. Public transportation facilities and
properties which are owned by any city may be acquired or
used by the public transportation benefit area authority only
with the consent of the city council of the city owning such
facilities. Cities are hereby authorized to convey or lease
such facilities to a public transportation benefit area authority
or to contract for their joint use on such terms as may be
fixed by agreement between the city council of such city and
the public transportation benefit area authority, without
submitting the matter to the voters of such city.
The facilities and properties of a public transportation
benefit area system whose vehicles will operate primarily
within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the
corridor and design hearings which are required by *RCW
35.58.273, as now or hereafter amended, for mass transit
facilities operating on a separate right of way.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students.
In the event any person holding a certificate of public
convenience and necessity from the Washington utilities and
transportation commission under RCW 81.68.040 has
operated under such certificate for a continuous period of
one year prior to the date of certification and is offering
service within the public transportation benefit area on the
date of the certification by the county canvassing board that
a majority of votes cast authorize a tax to be levied and
collected by the public transportation benefit area authority,
such authority may by purchase or condemnation acquire at
the fair market value, from the person holding the existing
certificate for providing the services, that portion of the
operating authority and equipment representing the services
within the area of public operation. The person holding such
existing certificate may require the public transportation
benefit area authority to initiate such purchase of those assets
of such person, existing as of the date of the county canvassing board certification, within sixty days after the date of
such certification. [1981 c 25 § 4; 1977 ex.s. c 44 § 3; 1975
1st ex.s. c 270 § 19.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.100 Agreements with operators of local
public transportation services—Operation without
agreement prohibited—Purchase or condemnation of
assets. Except in accordance with an agreement made as
provided in this section or in accordance with the provisions
of RCW 36.57A.090(3) as now or hereafter amended, upon
the effective date on which the public transportation benefit
area commences to perform the public transportation service,
no person or private corporation shall operate a local public
passenger transportation service within the public transportation benefit area with the exception of taxis, buses owned
or operated by a school district or private school, and buses
[Title 36 RCW—page 118]
owned or operated by any corporation or organization solely
for the purposes of the corporation or organization and for
the use of which no fee or fare is charged.
An agreement may be entered into between the public
transportation benefit area authority and any person or
corporation legally operating a local public passenger
transportation service wholly within or partly within and
partly without the public transportation benefit area and on
said effective date under which such person or corporation
may continue to operate such service or any part thereof for
such time and upon such terms and conditions as provided
in such agreement. Such agreement shall provide for a
periodic review of the terms and conditions contained
therein. Where any such local public passenger transportation service will be required to cease to operate within the
public transportation benefit area, the public transportation
benefit area authority may agree with the owner of such
service to purchase the assets used in providing such service,
or if no agreement can be reached, the public transportation
benefit area authority shall condemn such assets in the
manner and by the same procedure as is or may be provided
by law for the condemnation of other properties for cities of
the first class, except insofar as such laws may be inconsistent with the provisions of this chapter.
Wherever a privately owned public carrier operates
wholly or partly within a public transportation benefit area,
the Washington utilities and transportation commission shall
continue to exercise jurisdiction over such operation as
provided by law. [1977 ex.s. c 44 § 4; 1975 1st ex.s. c 270
§ 20.]
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.110 Powers of component city concerning
passenger transportation transferred to benefit area—
Operation of system by city until acquired by benefit
area—Consent. The public transportation benefit area shall
have and exercise all rights with respect to the construction,
acquisition, maintenance, operation, extension, alteration,
repair, control and management of passenger transportation
which any component city shall have been previously
empowered to exercise and such powers shall not thereafter
be exercised by such component cities without the consent
of the public transportation benefit area: PROVIDED, That
any city owning and operating a public transportation system
on July 1, 1975 may continue to operate such system within
such city until such system shall have been acquired by the
public transportation benefit area and a public transportation
benefit area may not acquire such system without the
consent of the city council of such city. [1975 1st ex.s. c
270 § 21.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.120 Acquisition of existing system—Labor
contracts, employee rights preserved—Collective bargaining. If a public transportation benefit area shall acquire any
existing transportation system, it shall assume and observe
all existing labor contracts relating to such system and, to the
extent necessary for operation of facilities, all of the employ(2002 Ed.)
Public Transportation Benefit Areas
36.57A.120
ees of such acquired transportation system whose duties are
necessary to operate efficiently the facilities acquired shall
be appointed to comparable positions to those which they
held at the time of such transfer, and no employee or retired
or pensioned employee of such systems shall be placed in
any worse position with respect to pension seniority, wages,
sick leave, vacation or other benefits that he enjoyed as an
employee of such system prior to such acquisition. The
public transportation benefit area authority shall engage in
collective bargaining with the duly appointed representatives
of any employee labor organization having existing contracts
with the acquired transportation system and may enter into
labor contracts with such employee labor organization.
[1975 1st ex.s. c 270 § 22.]
deposit insurance act as the authority, by resolution, shall
designate.
An authority may provide and require a reasonable bond
of any other person handling moneys or securities of the
authority, but the authority shall pay the premium on the
bond.
The county or counties and each city or town which is
included in the authority shall contribute such sums towards
the expense for maintaining and operating the public
transportation system as shall be agreed upon between them.
[1983 c 151 § 1; 1975 1st ex.s. c 270 § 23.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.140 Annexation of additional area. (1) An
election to authorize the annexation of territory contiguous
to a public transportation benefit area may be called within
the area to be annexed pursuant to resolution or petition in
the following manner:
(a) By resolution of a public transportation benefit area
authority when it determines that the best interests and
general welfare of the public transportation benefit area
would be served. The authority shall consider the question
of areas to be annexed to the public transportation benefit
area at least once every two years.
(b) By petition calling for such an election signed by at
least four percent of the qualified voters residing within the
area to be annexed and filed with the auditor of the county
wherein the largest portion of the public transportation
benefit area is located, and notice thereof shall be given to
the authority. Upon receipt of such a petition, the auditor
shall examine it and certify to the sufficiency of the signatures thereon.
(c) By resolution of a public transportation benefit area
authority upon request of any city for annexation thereto.
(2) If the area proposed to be annexed is located within
another county, the petition or resolution for annexation as
set forth in subsection (1) of this section must be approved
by the legislative authority of the county if the area is
unincorporated or by the legislative authority of the city or
town if the area is incorporated. Any annexation under this
subsection must involve contiguous areas.
(3) The resolution or petition shall describe the boundaries of the area to be annexed. It shall require that there
also be submitted to the electorate of the territory sought to
be annexed a proposition authorizing the inclusion of the
area within the public transportation benefit area and authorizing the imposition of such taxes authorized by law to be
collected by the authority. [1991 c 318 § 17; 1983 c 65 § 5;
1975 1st ex.s. c 270 § 24.]
36.57A.130 Treasurer and auditor—Powers and
duties—Transportation fund—Contribution of sums for
expenses. The treasurer of the county in which a public
transportation benefit area authority is located shall be ex
officio treasurer of the authority. In the case of a
multicounty public transportation benefit area the county
treasurer of the largest component county, by population,
shall be the treasurer of the authority. However, the authority, by resolution, and upon the approval of the county
treasurer, may designate some other person having experience in financial or fiscal matters as treasurer of the authority. Such a treasurer shall possess all of the powers, responsibilities, and duties the county treasurer possesses for a
public transportation benefit area authority related to investing surplus authority funds. The authority may (and if the
treasurer is not a county treasurer, it shall) require a bond
with a surety company authorized to do business in the state
of Washington in an amount and under the terms and
conditions the authority, by resolution, from time to time
finds will protect the authority against loss. The premium
on any such bond shall be paid by the authority.
All authority funds shall be paid to the treasurer and
shall be disbursed by the treasurer only on warrants issued
by the county auditor, upon orders or vouchers approved by
the authority. However, the authority may, by resolution,
designate some person having experience in financial or
fiscal matters, other than the county auditor, as the auditor
of the authority. Such an auditor shall possess all of the
powers, responsibilities, and duties that the county auditor
possesses for a public transportation benefit area authority
related to creating and maintaining funds, issuing warrants,
and maintaining a record of receipts and disbursements.
The treasurer shall establish a "transportation fund," into
which shall be paid all authority funds, and the treasurer
shall maintain such special accounts as may be created by
the authority into which shall be placed all money as the
authority may, by resolution, direct.
If the treasurer of the authority is a treasurer of the
county, all authority funds shall be deposited with the county
depositary under the same restrictions, contracts, and security
as provided for county depositaries. If the treasurer of the
authority is some other person, all funds shall be deposited
in such bank or banks authorized to do business in this state
that have qualified for insured deposits under any federal
(2002 Ed.)
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Intent—1991 c 318: See note following RCW 36.57A.040.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.150 Advanced financial support payments.
Counties that have established a county transportation
authority pursuant to chapter 36.57 RCW and public transportation benefit areas that have been established pursuant to
this chapter are eligible to receive a one-time advanced
financial support payment from the state to assist in the
development of the initial comprehensive transit plan
[Title 36 RCW—page 119]
36.57A.150
Title 36 RCW: Counties
required by RCW 36.57.070 and 36.57A.060. The amount
of this support payment is established at one dollar per
person residing within each county or public transportation
benefit area, as determined by the office of financial management, but no single payment shall exceed fifty thousand
dollars. Repayment of an advanced financial support
payment shall be made to the public transportation account
in the general fund or, if such account does not exist, to the
general fund by each agency within two years of the date
such advanced payment was received. Such repayment shall
be waived within two years of the date such advanced
payment was received if the voters in the appropriate
counties or public transportation benefit areas do not elect to
levy and collect taxes enabled under authority of this chapter
and RCW 35.95.040 and 82.14.045. The state department of
transportation shall provide technical assistance in the
preparation of local transit plans, and administer the advanced financial support payments authorized by this section.
[1985 c 6 § 6; 1979 c 151 § 41; 1975 1st ex.s. c 270 § 25.]
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.160 Dissolution and liquidation. A public
transportation benefit area established pursuant to this
chapter may be dissolved and its affairs liquidated when so
directed by a majority of persons in the benefit area voting
on such question. An election placing such question before
the voters may be called in the following manner:
(1) By resolution of the public transportation benefit
area authority;
(2) By resolution of the county legislative body or
bodies with the concurrence therein by resolution of the city
council of a component city; or
(3) By petition calling for such election signed by at
least ten percent of the qualified voters residing within the
area filed with the auditor of the county wherein the largest
portion of the public transportation benefit area is located.
The auditor shall examine the same and certify to the sufficiency of the signatures thereon: PROVIDED, That to be
validated, signatures must have been collected within a
ninety day period as designated by the petition sponsors.
Any dissolution of a public transportation benefit area
authority shall be carried out in accordance with the procedures in chapter 53.48 RCW. Any remaining deficit of the
authority determined pursuant to RCW 53.48.080 shall be
paid from the moneys collected from the tax source under
which the authority operated. [1977 ex.s. c 44 § 5; 1975 1st
ex.s. c 270 § 26.]
Severability—Effective date—1977 ex.s. c 44: See notes following
RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.170 Rail fixed guideway system—Safety and
security program plan. (1) Each public transportation
benefit area that owns or operates a rail fixed guideway
system as defined in RCW 81.104.015 shall submit a system
safety and security program plan for that guideway to the
state department of transportation by September 1, 1999, or
at least three months before beginning operations or instituting revisions to its plan. This plan must describe the public
transportation benefit area’s procedures for (a) reporting and
[Title 36 RCW—page 120]
investigating reportable accidents, unacceptable hazardous
conditions, and security breaches, (b) submitting corrective
action plans and annual safety and security audit reports, (c)
facilitating on-site safety and security reviews by the state
department of transportation, and (d) addressing passenger
and employee security. The plan must, at a minimum,
conform to the standards adopted by the state department of
transportation. If required by the department, the public
transportation benefit area shall revise its plan to incorporate
the department’s review comments within sixty days after
their receipt, and resubmit its revised plan for review.
(2) Each public transportation benefit area shall implement and comply with its system safety and security program plan. The public transportation benefit area shall
perform internal safety and security audits to evaluate its
compliance with the plan, and submit its audit schedule to
the department of transportation no later than December 15th
each year. The public transportation benefit area shall
prepare an annual report for its internal safety and security
audits undertaken in the prior year and submit it to the
department no later than February 15th. This annual report
must include the dates the audits were conducted, the scope
of the audit activity, the audit findings and recommendations,
the status of any corrective actions taken as a result of the
audit activity, and the results of each audit in terms of the
adequacy and effectiveness of the plan.
(3) Each public transportation benefit area shall notify
the department of transportation within twenty-four hours of
an occurrence of a reportable accident, unacceptable hazardous condition, or security breach. The department may
adopt rules further defining a reportable accident, unacceptable hazardous condition, or security breach. The public
transportation benefit area shall investigate all reportable
accidents, unacceptable hazardous conditions, or security
breaches and provide a written investigation report to the
department within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security
breach.
(4) The security section of the safety and security plan
required in subsection (1)(d) of this section is exempt from
public disclosure under chapter 42.17 RCW. However, the
activities and plans as described in subsections (1)(a), (b),
and (c), (2), and (3) of this section are not subject to this
exemption. [1999 c 202 § 5.]
Effective date—1999 c 202: See note following RCW 35.21.228.
36.57A.180 Public transportation for persons with
special needs. (1) Effective January 1, 2001, in addition to
any other authority granted under this chapter, a newly
formed public transportation benefit area, or an existing
public transportation benefit area that has not yet successfully submitted an authorizing proposition to the voters under
RCW 82.14.045, may purchase, acquire, maintain, operate,
or lease transportation services, equipment, and facilities for
public transportation limited only to persons with special
needs by any method or combination of methods provided
by the area authority.
(2) As used in this section, "persons with special needs"
means those persons, including their personal attendants,
(2002 Ed.)
Public Transportation Benefit Areas
who because of physical or mental disability, income status,
or age are unable to transport themselves or purchase
transportation.
(3) The public transportation benefit area may fix,
regulate, and control fares and rates to be charged for these
transportation services. [2001 c 89 § 2.]
36.57A.190 Maintenance plan. (Effective if Referendum Bill No. 51 is approved at the November 2002 general
election.) As a condition of receiving state funding, a public
transportation benefit area authority shall submit a maintenance and preservation management plan for certification by
the transportation commission or its successor entity. The
plan must inventory all transportation system assets within
the direction and control of the authority, and provide a
preservation plan based on lowest life cycle cost methodologies. [2002 c 5 § 411.]
Contingency—2002 c 5 §§ 409-412, 415, and 416: See note
following RCW 35.84.060.
Finding—Intent—2002 c 5: See note following RCW 35.84.060.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Chapter 36.58
SOLID WASTE DISPOSAL
Sections
36.58.010
36.58.020
36.58.030
36.58.040
36.58.045
36.58.050
36.58.060
36.58.080
36.58.090
36.58.100
36.58.110
36.58.120
36.58.130
36.58.140
36.58.150
36.58.160
Solid waste
Acquisition of solid waste or recyclable materials sites authorized.
Rules and regulations as to use—Penalty.
"Transfer station" defined.
Solid waste handling systems authorized—Disposal sites—
Contracts for solid waste handling and collection of
source separated recyclable material—Waste reduction
and recycling.
County may impose fee upon solid waste collection services—Revenue to fund compliance with comprehensive
solid waste management plan.
Solid waste disposal—Transfer stations.
Solid waste disposal—Ownership of solid wastes—
Responsibility for handling.
County solid waste facilities—Exempt from municipal taxes—Charges to mitigate impacts—Negotiation and arbitration.
Contracts with vendors for solid waste handling systems,
plants, sites, or facilities—Requirements—Vendor selection procedures.
Solid waste disposal district—Authorized—Boundaries—
Powers—Governing body.
Solid waste disposal district—Establishment, modification,
or dissolution—Hearing—Notice.
Solid waste disposal district—Establishment—Ordinance.
Solid waste disposal district—Powers—Restrictions—Fees.
Solid waste disposal district—Excise tax—Lien for delinquent taxes and penalties.
Solid waste disposal district—Excess levies authorized—
General obligation and revenue bonds.
Collection and transportation of recyclable materials by
recycling companies or nonprofit entities—Reuse or
reclamation—Application of chapter.
collection companies: Chapter 81.77 RCW.
36.58.010 Acquisition of solid waste or recyclable
materials sites authorized. Any county legislative authority
may acquire by purchase or by gift, dedication, or donation,
sites for the use of the public in disposing of solid waste or
recyclable materials. However, no county legislative
(2002 Ed.)
36.57A.180
authority shall be authorized to require any retail enterprise
engaged in the sale of consumer-packaged products to locate
or place a public solid waste collection site or buy-back
center upon or within a certain distance of the retail establishment as a condition of engaging in the sale of consumerpackaged products. [1989 c 431 § 52; 1963 c 4 § 36.58.010.
Prior: 1943 c 87 § 1; Rem. Supp. 1943 § 6294-150.]
Severability—1989 c 431: See RCW 70.95.901.
36.58.020 Rules and regulations as to use—Penalty.
Any board of county commissioners may make such rules
and regulations as may be deemed necessary for the use and
occupation of such sites, and may provide for the maintenance and care thereof. Any person violating any of the
rules and regulations made by the board relating to the use
or occupation of any site owned or occupied by the county
for garbage disposal purposes shall be guilty of a misdemeanor. [1963 c 4 § 36.58.020. Prior: 1943 c 87 § 2;
Rem. Supp. 1943 § 6294-151.]
36.58.030 "Transfer station" defined. As used in
RCW 36.58.030 through 36.58.060, the term "transfer
station" means a staffed, fixed supplemental facility used by
persons and route collection vehicles to deposit solid wastes
into transfer trailers for transportation to a disposal site.
This does not include detachable containers, except in
counties with a population of less than seventy thousand, and
in any county with a population of from one hundred
twenty-five thousand to less than two hundred ten thousand
that is located east of the crest of the Cascade mountain
range, where detachable containers shall be securely fenced,
staffed by an attendant during all hours when the detachable
container is open to the public, charge a tipping fee that shall
cover the cost of providing and for use of the service, and
shall be operated as a transfer station. [1991 c 363 § 74;
1989 c 431 § 27; 1975-’76 2nd ex.s. c 58 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 431: See RCW 70.95.901.
36.58.040 Solid waste handling systems authorized—Disposal sites—Contracts for solid waste handling
and collection of source separated recyclable material—
Waste reduction and recycling. The legislative authority
of a county may by ordinance provide for the establishment
of a system or systems of solid waste handling for all unincorporated areas of the county or for portions thereof. A
county may designate a disposal site or sites for all solid
waste collected in the unincorporated areas pursuant to the
provisions of a comprehensive solid waste plan adopted pursuant to chapter 70.95 RCW. However for any solid waste
collected by a private hauler operating under a certificate
granted by the Washington utilities and transportation
commission under the provisions of chapter 81.77 RCW and
which certificate is for collection in a geographic area lying
in more than one county, such designation of disposal sites
shall be pursuant to an interlocal agreement between the
involved counties.
A county may construct, lease, purchase, acquire, add
to, alter, or extend solid waste handling systems, plants,
sites, or other facilities and shall have full jurisdiction and
authority to manage, regulate, maintain, utilize, operate,
[Title 36 RCW—page 121]
36.58.040
Title 36 RCW: Counties
control, and establish the rates and charges for those solid
waste handling systems, plants, sites, or other facilities. A
county may enter into agreements with public or private
parties to: (1) Construct, purchase, acquire, lease, add to,
alter, extend, maintain, manage, utilize, or operate publicly
or privately owned or operated solid waste handling systems,
plants, sites, or other facilities; (2) establish rates and
charges for those systems, plants, sites, or other facilities; (3)
designate particular publicly or privately owned or operated
systems, plants, sites, or other facilities as disposal sites; (4)
process, treat, or convert solid waste into other valuable or
useful materials or products; and (5) sell the material or
products of those systems, plants, or other facilities.
The legislative authority of a county may award
contracts for solid waste handling that provide that a county
provide for a minimum periodic fee or other method of
compensation in consideration of the operational availability
of those solid waste handling systems, plants, sites, or other
facilities at a specified minimum level, without regard to the
ownership of the systems, plants, sites or other facilities, or
the amount of solid waste actually handled during all or any
part of the contract. When a minimum level of solid waste
is specified in a contract entered into under this section,
there shall be a specific allocation of financial responsibility
in the event the amount of solid waste handled falls below
the minimum level provided in the contract. Solid waste
handling systems, plants, sites, or other facilities constructed,
purchased, acquired, leased, added to, altered, extended,
maintained, managed, utilized, or operated pursuant to this
section, whether publicly or privately owned, shall be in
substantial compliance with the solid waste management plan
applicable to the county adopted pursuant to chapter 70.95
RCW. Agreements relating to such solid waste handling
systems, plans, sites, or other facilities may be for such term
and may contain such covenants, conditions, and remedies as
the legislative authority of the county may deem necessary
or appropriate.
As used in this chapter, the terms "solid waste" and
"solid waste handling" shall be as defined in RCW
70.95.030.
The legislative authority of a county may:
(1) By ordinance award a contract to collect source
separated recyclable materials from residences within
unincorporated areas. The legislative authority has complete
authority to manage, regulate, and fix the price of the source
separated recyclable collection service. The contracts may
provide that the county pay minimum periodic fees to a
municipal entity or permit holder; or
(2) Notify the commission in writing to carry out and
implement the provisions of the waste reduction and recycling element of the comprehensive solid waste management
plan.
This election may be made by counties at any time after
July 23, 1989. An initial election must be made no later
than ninety days following approval of the local comprehensive waste management plan required by RCW 70.95.090.
Nothing in this section shall be construed to authorize
the operation of a solid waste collection system by counties
or to authorize counties to affect the authority of the utilities
and transportation commission under RCW 81.77.020. [1992
c 131 § 3. Prior: 1989 c 431 § 28; 1989 c 399 § 9; 1986
c 282 § 20; 1975-’76 2nd ex.s. c 58 § 2.]
[Title 36 RCW—page 122]
Severability—1989 c 431: See RCW 70.95.901.
Severability—Legislative findings—Construction—Liberal
construction—Supplemental powers—1986 c 282: See notes following
RCW 35.21.156.
36.58.045 County may impose fee upon solid waste
collection services—Revenue to fund compliance with
comprehensive solid waste management plan. (1) The
legislative authority of any county may impose a fee upon
the solid waste collection services of a solid waste collection
company operating within the unincorporated areas of the
county, to fund the administration and planning expenses that
may be incurred by the county in complying with the
requirements in RCW 70.95.090. The fee may be in addition to any other solid waste services fees and charges a
county may legally impose.
(2) Each county imposing the fee authorized by this
section shall notify the Washington utilities and transportation commission and the affected solid waste collection
companies of the amount of the fee ninety days prior to its
implementation. [1989 c 431 § 15.]
Severability—Sections captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
36.58.050 Solid waste disposal—Transfer stations.
When a comprehensive solid waste plan, as provided in
RCW 70.95.080, incorporates the use of transfer stations,
such stations shall be considered part of the disposal site and
as such, along with the transportation of solid wastes
between disposal sites, shall be exempt from regulation by
the Washington utilities and transportation commission as
provided in chapter 81.77 RCW.
Each county may enter into contracts for the hauling of
trailers of solid wastes from these transfer stations to
disposal sites and return either by (1) the normal bidding
process, or (2) negotiation with the qualified collection company servicing the area under authority of chapter 81.77
RCW. [1975-’76 2nd ex.s. c 58 § 3.]
36.58.060 Solid waste disposal—Ownership of solid
wastes—Responsibility for handling. Ownership of solid
wastes shall be vested in the person or local jurisdiction
managing disposal and/or resource recovery facilities upon
the arrival of said solid wastes at said facility: PROVIDED,
That the original owner retains ownership of the solid wastes
until they arrive at the disposal site or transfer station or
detachable container, and the original owner has the right of
recovery to any valuable items inadvertently discarded:
PROVIDED FURTHER, That the person or agency providing the collection service shall be responsible for the proper
handling of the solid wastes from the point of collection to
the disposal or recovery facility. [1975-’76 2nd ex.s. c 58
§ 4.]
36.58.080 County solid waste facilities—Exempt
from municipal taxes—Charges to mitigate impacts—
Negotiation and arbitration. County-owned solid waste
facilities shall not be subject to any tax or excise imposed by
any city or town. Cities or towns may charge counties to
mitigate impacts directly attributable to the solid waste facility: PROVIDED, That any city or town establishes that
such charges are reasonably necessary to mitigate such
(2002 Ed.)
Solid Waste Disposal
impacts and that revenue generated from such charges is
expended only to mitigate such impacts. Impacts resulting
from commercial and residential solid waste collection
within any city or town shall not be considered to be directly
attributable to the solid waste facility. In the event that no
agreement can be reached between the city or town and the
county following a reasonable period of good faith negotiations, including mediation where appropriate, the matter shall
be resolved by a board of arbitrators, to be convened at the
request of either party, such board of arbitrators to consist of
a representative from the city or town involved, a representative of the county, and a third representative to be appointed
by the other two representatives. If no agreement can be
reached with regard to said third representative, the third
representative shall be appointed by a judge of the superior
court of the county of the jurisdiction owning the solid waste
facility. The determination by the board of arbitrators of the
sum to be paid by the county shall be binding on all parties.
Each party shall pay the costs of their individual representatives on the board of arbitrators and they shall pay one-half
of the cost of the third representative. [1983 c 171 § 1;
1982 c 175 § 8.]
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.090 Contracts with vendors for solid waste
handling systems, plants, sites, or facilities—
Requirements—Vendor selection procedures. (1) Notwithstanding the provisions of any county charter or any law
to the contrary, and in addition to any other authority
provided by law, the legislative authority of a county may
contract with one or more vendors for one or more of the
design, construction, or operation of, or other service related
to, the solid waste handling systems, plants, sites, or other
facilities in accordance with the procedures set forth in this
section. When a contract for design services is entered into
separately from other services permitted under this section,
procurement shall be in accord with chapter 39.80 RCW.
For the purpose of this chapter, the term "legislative authority" shall mean the board of county commissioners or, in the
case of a home rule charter county, the official, officials, or
public body designated by the charter to perform the
functions authorized therein.
(2) If the legislative authority of the county decides to
proceed with the consideration of qualifications or proposals
for services from vendors, the county shall publish notice of
its requirements and request submission of qualifications
statements or proposals. The notice shall be published in the
official newspaper of the county at least once a week for two
weeks not less than sixty days before the final date for the
submission of qualifications statements or proposals. The
notice shall state in summary form (a) the general scope and
nature of the design, construction, operation, or other service,
(b) the name and address of a representative of the county
who can provide further details, (c) the final date for the
submission of qualifications statements or proposals, (d) an
estimated schedule for the consideration of qualifications, the
selection of vendors, and the negotiation of a contract or
contracts for services, (e) the location at which a copy of
any request for qualifications or request for proposals will be
made available, and (f) the criteria established by the
legislative authority to select a vendor or vendors, which
(2002 Ed.)
36.58.080
may include but shall not be limited to the vendor’s prior
experience, including design, construction, or operation of
other similar facilities; respondent’s management capability,
schedule availability and financial resources; cost of the
services, nature of facility design proposed by the vendor;
system reliability; performance standards required for the
facilities; compatibility with existing service facilities operated by the public body or other providers of service to the
public; project performance guarantees; penalty and other
enforcement provisions; environmental protection measures
to be used; consistency with the applicable comprehensive
solid waste management plan; and allocation of project risks.
(3) If the legislative authority of the county decides to
proceed with the consideration of qualifications or proposals,
it may designate a representative to evaluate the vendors
who submitted qualifications statements or proposals and
conduct discussions regarding qualifications or proposals
with one or more vendors. The legislative authority or
representative may request submission of qualifications
statements and may later request more detailed proposals
from one or more vendors who have submitted qualifications
statements, or the representative may request detailed
proposals without having first received and evaluated
qualifications statements. The representative shall evaluate
the qualifications or proposals, as applicable. If two or more
vendors submit qualifications or proposals that meet the
criteria established by the legislative authority of the county,
discussions and interviews shall be held with at least two
vendors. Any revisions to a request for qualifications or
request for proposals shall be made available to all vendors
then under consideration by the city or town and shall be
made available to any other person who has requested
receipt of that information.
(4) Based on criteria established by the legislative
authority of the county, the representative shall recommend
to the legislative authority a vendor or vendors that are
initially determined to be the best qualified to provide one or
more of the design, construction, or operation of, or other
service related to, the proposed project or services. The
legislative authority may select one or more qualified
vendors for one or more of the design, construction, or
operation of, or other service related to, the proposed project
or services.
(5) The legislative authority or its representative may
attempt to negotiate a contract with the vendor or vendors
selected for one or more of the design, construction, or
operation of, or other service related to, the proposed project
or services on terms that the legislative authority determines
to be fair and reasonable and in the best interest of the
county. If the legislative authority or its representative is
unable to negotiate such a contract with any one or more of
the vendors first selected on terms that it determines to be
fair and reasonable and in the best interest of the county,
negotiations with any one or more of the vendors shall be
terminated or suspended and another qualified vendor or
vendors may be selected in accordance with the procedures
set forth in this section. If the legislative authority decides
to continue the process of selection, negotiations shall
continue with a qualified vendor or vendors in accordance
with this section at the sole discretion of the legislative
authority until an agreement is reached with one or more
qualified vendors, or the process is terminated by the
[Title 36 RCW—page 123]
36.58.090
Title 36 RCW: Counties
legislative authority. The process may be repeated until an
agreement is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the county shall make written
findings, after holding a public hearing on the proposal, that
it is in the public interest to enter into the contract, that the
contract is financially sound, and that it is advantageous for
the county to use this method for awarding contracts compared to other methods.
(7) Each contract shall include a project performance
bond or bonds or other security by the vendor that in the
judgment of the legislative authority of the county is
sufficient to secure adequate performance by the vendor.
(8) The provisions of chapters 39.12, 39.19, and *39.25
RCW shall apply to a contract entered into under this section
to the same extent as if the systems and plants were owned
by a public body.
(9) The vendor selection process permitted by this
section shall be supplemental to and shall not be construed
as a repeal of or limitation on any other authority granted by
law.
(10) The alternative selection process provided by this
section may not be used in the selection of a person or entity
to construct a publicly owned facility for the storage or
transfer of solid waste or solid waste handling equipment
unless the facility is either (a) privately operated pursuant to
a contract greater than five years, or (b) an integral part of
a solid waste processing facility located on the same site.
Instead, the applicable provisions of RCW 36.32.250 and
chapters 39.04 and 39.30 RCW shall be followed. [1992 c
131 § 4; 1989 c 399 § 10; 1986 c 282 § 19.]
*Reviser’s note: Chapter 39.25 RCW was repealed by 1994 c 138
§ 2.
Construction of 1986 c 282 § 19—1990 c 279: "Section 19, chapter
282, Laws of 1986, codified as RCW 36.58.090, established an alternate
procedure by which a county was authorized to procure systems and plants
for solid waste handling and to contract with private vendors for the design,
construction, or operation thereof. Any county with a population of over
one hundred thousand that, prior to the effective date of chapter 399, Laws
of 1989 [July 23, 1989], complied with the requirements of either (1)
section 10 (3), (4), and (5), chapter 399, Laws of 1989, or (2) section 19(3),
chapter 282, Laws of 1986, shall be deemed to have complied with the
requirements of section 19(3), chapter 282, Laws of 1986." [1990 c 279 §
1.]
Severability—Legislative findings—Construction—Liberal
construction—Supplemental powers—1986 c 282: See notes following
RCW 35.21.156.
As used in RCW 36.58.100 through 36.58.150 the term
"county" includes all counties other than a county with a
population of one million or more.
A solid waste disposal district is a quasi-municipal
corporation, an independent taxing "authority" within the
meaning of Article VII, section 1 of the state Constitution,
and a "taxing district" within the meaning of Article VII,
section 2 of the state Constitution.
A solid waste disposal district shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that
may now or hereafter be specifically conferred by statute:
PROVIDED, That a solid waste disposal district shall not
have the power of eminent domain.
The county legislative authority shall be the governing
body of a solid waste disposal district. The electors of a
solid waste disposal district shall be all registered voters
residing within the district. [1991 c 363 § 75; 1982 c 175 §
1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1982 c 175: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 175 § 9.]
36.58.110 Solid waste disposal district—
Establishment, modification, or dissolution—Hearing—
Notice. A county legislative authority proposing to establish
a solid waste disposal district or to modify or dissolve an
existing solid waste disposal district shall conduct a hearing
at the time and place specified in a notice published at least
once not less than ten days prior to the hearing in a newspaper of general circulation within the proposed solid waste
disposal district. This notice shall be in addition to any
other notice required by law to be published. Additional
notice of such hearing may be given by mail, posting within
the proposed solid waste disposal district, or in any manner
local authorities deem necessary to notify affected persons.
All hearings shall be public and the county legislative
authority shall hear objections from any person affected by
the formation, modification, or dissolution of the solid waste
disposal district and make such changes in the boundaries of
the district or any other modifications that the county
legislative authority deems necessary. [1982 c 175 § 2.]
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.100 Solid waste disposal district—
Authorized—Boundaries—Powers—Governing body.
The legislative authority of any county with a population of
less than one million is authorized to establish one or more
solid waste disposal districts within the county for the
purpose of providing and funding solid waste disposal services. No solid waste disposal district may include any area
within the corporate limits of a city or town unless the city
or town governing body adopts a resolution approving
inclusion of the area within its limits. The county legislative
authority may modify the boundaries of the solid waste
disposal district by the same procedure used to establish the
district. A solid waste disposal district may be dissolved by
the county legislative authority after holding a hearing as
provided in RCW 36.58.110.
[Title 36 RCW—page 124]
36.58.120 Solid waste disposal district—
Establishment—Ordinance. No solid waste disposal
district shall be established within a county unless the county
legislative authority determines, following a hearing held
pursuant to RCW 36.58.110, that it is in the public interest
to form the district and the county legislative authority
adopts an ordinance creating the solid waste disposal district
and establishing its boundaries. [1982 c 175 § 3.]
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.130 Solid waste disposal district—Powers—
Restrictions—Fees. A solid waste disposal district may
provide for all aspects of disposing of solid wastes. All
moneys received by a solid waste disposal district shall be
used exclusively for district purposes. Nothing in this
(2002 Ed.)
Solid Waste Disposal
chapter shall permit waste disposal districts to engage in the
collection of residential or commercial garbage.
A solid waste disposal district shall perform all construction in excess of twenty-five thousand dollars by
contract let pursuant to RCW 36.32.250.
A solid waste disposal district may collect disposal fees
based exclusively upon utilization by weight or volume for
accepting solid wastes at a disposal site or transfer station.
The county may transfer moneys to a solid waste disposal
district to be used for district purposes. [1982 c 175 § 4.]
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.140 Solid waste disposal district—Excise
tax—Lien for delinquent taxes and penalties. A solid
waste disposal district may levy and collect an excise tax on
the privilege of living in or operating a business in a solid
waste disposal taxing district sufficient to fund its solid
waste disposal activities: PROVIDED, That any property
which is producing commercial garbage shall be exempt if
the owner is providing regular collection and disposal. The
excise tax shall be billed and collected at times and in the
manner fixed and determined by the solid waste disposal
district. Penalties for failure to pay the tax on time may be
provided for. A solid waste disposal district shall have a
lien for delinquent taxes and penalties, plus an interest rate
equal to the interest rate for delinquent property taxes. The
lien shall be attached to each parcel of property in the
district that is occupied by the person so taxed and shall be
superior to all other liens and encumbrances except liens for
property taxes.
The solid waste disposal district shall periodically
certify the delinquencies to the county treasurer at which
time the lien shall be attached. The lien shall be foreclosed
in the same manner as the foreclosure of real property taxes.
[1982 c 175 § 5.]
36.58.130
chapter 39.46 RCW. [1984 c 186 § 25; 1983 c 167 § 71;
1982 c 175 § 6.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.160 Collection and transportation of recyclable materials by recycling companies or nonprofit
entities—Reuse or reclamation—Application of chapter.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a
commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for
transportation of such material to a recycler for reuse or
reclamation. [1989 c 431 § 34.]
Severability—1989 c 431: See RCW 70.95.901.
Chapter 36.58A
SOLID WASTE COLLECTION DISTRICTS
Sections
36.58A.010 Authorized—Conditions—Modification or dissolution of
district.
36.58A.020 Hearings upon establishing, modification or dissolution of
district—Notice—Scope.
36.58A.030 County legislative authority determination required to establish district—Commission findings as to present services.
36.58A.040 County may collect fees of garbage and refuse collection
company—Disposition of fees—Subrogation—Lien.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
Severability—1982 c 175: See note following RCW 36.58.100.
36.58.150 Solid waste disposal district—Excess
levies authorized—General obligation and revenue bonds.
(1) A solid waste disposal district shall not have the power
to levy an annual levy without voter approval, but it shall
have the power to levy a tax, in excess of the one percent
limitation, upon the property within the district for a one
year period to be used for operating or capital purposes
whenever authorized by the electors of the district pursuant
to RCW 84.52.052 and Article VII, section 2(a) of the state
Constitution.
A solid waste disposal district may issue general
obligation bonds for capital purposes only, subject to the
limitations prescribed in RCW 39.36.020(1), and may
provide for the retirement of the bonds by voter-approved
bond retirement tax levies pursuant to Article VII, section
2(b) of the state Constitution and RCW 84.52.056. Such
general obligation bonds shall be issued and sold in accordance with chapter 39.46 RCW.
A solid waste disposal district may issue revenue bonds
to fund its activities. Such revenue bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
revenue bonds may be issued and sold in accordance with
(2002 Ed.)
36.58A.010 Authorized—Conditions—Modification
or dissolution of district. Any county legislative authority
may establish solid waste collection districts within the
county boundaries for the mandatory collection of solid
waste: PROVIDED, That no such district shall include any
area within the corporate limits of any city or town without
the consent of the legislative authority of the city or town.
Such districts may be established only after approval of a
coordinated, comprehensive solid waste management plan
adopted pursuant to chapter 134, Laws of 1969 ex. sess. and
chapter 70.95 RCW or pursuant to another solid waste
management plan adopted prior to May 21, 1971 or within
one year thereafter. The legislative authority of the county
may modify or dissolve such district after a hearing as
provided for in RCW 36.58A.020. [1971 ex.s. c 293 § 2.]
Certain provisions not to detract from commission powers, duties, and
functions: RCW 80.01.300.
36.58A.020 Hearings upon establishing, modification or dissolution of district—Notice—Scope. The county
legislative authority proposing to establish a solid waste
collection district or to modify or dissolve an existing solid
waste collection district shall conduct a hearing at the time
and place specified in a notice published at least once not
less than ten days prior to the hearing in a newspaper of
[Title 36 RCW—page 125]
36.58A.020
Title 36 RCW: Counties
general circulation within the county. Additional notice of
such hearing may be given by mail, posting on the property,
or in any manner local authorities deem necessary to notify
adjacent landowners and the public. All hearings shall be
public and the legislative authority shall hear objections from
any person affected by the formation of the solid waste
collection district and make such changes in the boundaries
of the district or any other modifications of plans that the
legislative authority deems necessary. [1971 ex.s. c 293 §
3.]
When the county undertakes to collect such fees as
requested by the garbage and refuse collection companies,
the county shall be subrogated to all of the rights of such
companies. Any such fees which the county fails to collect
shall become liens on the real or personal property of the
persons owing such fees and the county may take all
appropriate legal action to enforce such liens. [1971 ex.s. c
293 § 6.]
Certain provisions not to detract from commission powers, duties, and
functions: RCW 80.01.300.
Certain provisions not to detract from commission powers, duties, and
functions: RCW 80.01.300.
36.58A.030 County legislative authority determination required to establish district—Commission findings
as to present services. No solid waste collection district
shall be established in an area within the county boundaries
unless the county legislative authority, after the hearing regarding formation of such district, determines from that
hearing that mandatory solid waste collection is in the public
interest and necessary for the preservation of public health.
Such determination by the county legislative authority shall
require the utilities and transportation commission to
investigate and make a finding as to the ability and willingness of the existing garbage and refuse collection companies
servicing the area to provide the required service.
If the utilities and transportation commission finds that
the existing garbage and refuse collection company or
companies are unable or unwilling to provide the required
service it shall proceed to issue a certificate of public need
and necessity to any qualified person or corporation in
accordance with the provisions of RCW 81.77.040.
The utilities and transportation commission shall notify
the county legislative authority within sixty days of its
findings and actions and if no qualified garbage and refuse
collection company or companies are available in the
proposed solid waste collection district, the county legislative
authority may provide county garbage and refuse collection
services in the area and charge and collect reasonable fees
therefor. The county shall not provide service in any portion
of the area found by the utilities and transportation commission to be receiving adequate service from an existing certificated carrier unless the county shall acquire the rights of
such existing certificated carrier by purchase or condemnation. [1971 ex.s. c 293 § 4.]
Certain provisions not to detract from commission powers, duties, and
functions: RCW 80.01.300.
36.58A.040 County may collect fees of garbage and
refuse collection company—Disposition of fees—
Subrogation—Lien. If any garbage and refuse collection
company certified by the utilities and transportation commission which operates in any solid waste collection district
fails to collect any fees due and payable to it for garbage
and refuse collection services, such company may request
the county to collect such fees. Upon the collection of such
fees, the county shall pay one-half of the fees actually
collected to the garbage and refuse collection company
entitled to receive such and shall deposit the remaining onehalf in the county general fund.
[Title 36 RCW—page 126]
Chapter 36.60
COUNTY RAIL DISTRICTS
Sections
36.60.010
36.60.020
36.60.030
36.60.040
36.60.050
36.60.060
36.60.070
36.60.100
36.60.110
36.60.120
36.60.130
36.60.140
36.60.900
36.60.905
Establishment of district—Boundaries—Powers.
Establishment, modification, or dissolution of district—
Public notice and hearing—Election.
Authority of district to provide rail service.
Excess property tax levies authorized.
General obligation bonds authorized—Limitations—Terms.
Revenue bonds authorized—Limitations—Terms.
Power of eminent domain.
Establishment, modification, or dissolution of district—
Alternate method.
Establishment, modification, or dissolution of district—
Alternate method—Petition.
Establishment, modification, or dissolution of district—
Alternate method—Public hearing.
Establishment, modification, or dissolution of district—
Alternate method—Determination by county legislative
authority.
Annexation by boundary modification—Assumption of outstanding indebtedness.
Liberal construction.
Severability—1983 c 303.
36.60.010 Establishment of district—Boundaries—
Powers. Subject to RCW 36.60.020, the legislative authority
of a county may establish one or more county rail districts
within the county for the purpose of providing and funding
improved rail freight or passenger service, or both. The
boundaries of county rail districts shall be drawn to include
contiguous property in an area from which agricultural or
other goods could be shipped by the rail service provided.
The district shall not include property outside this area which
does not, or, in the judgment of the county legislative
authority, is not expected to produce goods which can be
shipped by rail, or property substantially devoted to fruit
crops or producing goods that are shipped in a direction
away from the district. A county rail district is a quasi
municipal corporation, an independent taxing "authority"
within the meaning of Article VII, section 1 of the state
Constitution, and a "taxing district" within the meaning of
Article VII, section 2 of the state Constitution.
A county rail district shall constitute a body corporate
and shall possess all the usual powers of a corporation for
public purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but
not limited to, the authority to hire employees, staff, and services, to enter into contracts, to accept and expend or use
gifts, grants, and donations, and to sue and be sued.
The county legislative authority shall be the governing
body of a county rail district. The county treasurer shall act
as the ex officio treasurer of the county rail district. The
(2002 Ed.)
County Rail Districts
electors of a district are all registered voters residing within
the district.
This authority and that provided in RCW 36.60.030 may
only be exercised outside the boundaries of the county rail
district if such extraterritorial rail services, equipment, or
facilities are found, by resolution of the county legislative
authority exercising such authority, to be reasonably necessary to link the rail services, equipment, and facilities within
the rail district to an interstate railroad system; however, if
such extraterritorial rail services, equipment, or facilities are
in or are to be located in one or more other counties, the
legislative authority of such other county must consent by
resolution to the proposed plan of the originating county
which consent shall not be unreasonably withheld. [2001 c
58 § 1; 1985 c 187 § 1; 1983 c 303 § 8.]
36.60.020 Establishment, modification, or dissolution of district—Public notice and hearing—Election. (1)
A county legislative authority proposing to establish a county
rail district, or to modify the boundaries of an existing county rail district, or to dissolve an existing county rail district,
shall conduct a hearing at the time and place specified in a
notice published at least once, not less than ten days prior to
the hearing, in a newspaper of general circulation within the
proposed county rail district. This notice shall be in addition
to any other notice required by law to be published.
Additional notice of the hearing may be given by mail,
posting within the proposed county rail district, or in any
manner the county legislative authority deems necessary to
notify affected persons. All hearings shall be public and the
county legislative authority shall hear objections from any
person affected by the formation, modification of the
boundaries, or dissolution of the county rail district.
(2) Following the hearing held under subsection (1) of
this section, the county legislative authority may adopt a
resolution providing for the submission of a proposal to
establish a county rail district, modify the boundaries of an
existing county rail district, or dissolve an existing county
rail district, if the county legislative authority finds the
proposal to be in the public interest. The resolution shall
contain the boundaries of the district if applicable.
A proposition to create a county rail district, modify the
boundaries of an existing county rail district, or dissolve an
existing rail district shall be submitted to the affected voters
at the next general election held sixty or more days after the
adoption of the resolution providing for the submittal by the
county legislative authority. The resolution shall establish
the boundaries of the district and include a finding that the
creation of the district is in the public interest and that the
area included within the district can reasonably be expected
to benefit from its creation. No portion of a city may be
included in such a district unless the entire city is included.
The district shall be created upon approval of the
proposition by simple majority vote. The ballot proposition
submitted to the voters shall be in substantially the following
form:
FORMATION OF COUNTY RAIL DISTRICT . . . . . .
Shall a county rail district be established for the area
described in a resolution of the legislative authority of
(2002 Ed.)
36.60.010
. . . . . . county, adopted on the . . . . day of . . . . . ., 19. . .?
[1983 c 303 § 9.]
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
36.60.030 Authority of district to provide rail
service. A county rail district is authorized to contract with
a person, partnership, or corporation to provide rail service
along a light-density essential-service rail line for the
purpose of carrying commodities. The district shall also
have the power to acquire, maintain, improve, or extend rail
facilities within the district that are necessary for the safe
and efficient operation of the contracted rail service. A
county rail district may receive state rail assistance under
chapter 47.76 RCW. Two or more county rail districts may
enter into interlocal cooperation agreements under chapter
39.34 RCW to carry out the purposes of this chapter. [1983
c 303 § 10.]
36.60.040 Excess property tax levies authorized. A
county rail district is not authorized to impose a regular ad
valorem property tax levy but may:
(1) Levy an ad valorem property tax, in excess of the
one percent limitation, upon the property within the district
for a one-year period to be used for operating or capital
purposes whenever authorized by the voters of the district
pursuant to RCW 84.52.052 and Article VII, section 2(a) of
the state Constitution.
(2) Provide for the retirement of voter approved general
obligation bonds, issued for capital purposes only, by levying
bond retirement ad valorem property tax levies, in excess of
the one percent limitation, whenever authorized by the voters
of the district pursuant to Article VII, section 2(b) of the
state Constitution and RCW 84.52.056. [1983 c 303 § 11.]
36.60.050 General obligation bonds authorized—
Limitations—Terms. (1) To carry out the purpose of this
chapter, a county rail district may issue general obligation
bonds, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal
to three-eighths of one percent of the value of taxable
property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015. A county rail
district may additionally issue general obligation bonds for
capital purposes only, together with any outstanding general
obligation indebtedness, not to exceed an amount equal to
one and one-fourth percent of the value of the taxable
property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015, as prescribed in
Article VIII, section 6 of the state Constitution, and to
provide for the retirement thereof by excess property tax
levies as provided in RCW 36.60.040(2). The county rail
district may submit a single proposition to the voters which,
if approved, authorizes both the issuance of the bonds and
the bond retirement property tax levies.
(2) General obligation bonds with a maturity in excess
of forty years shall not be issued. The governing body of
the county rail district shall by resolution determine for each
general obligation bond issue the amount, date or dates,
terms, conditions, denominations, interest rate or rates, which
[Title 36 RCW—page 127]
36.60.050
Title 36 RCW: Counties
may be fixed or variable, maturity or maturities, redemption
rights, registration privileges, manner of execution, price,
manner of sale, and covenants. The bonds may be in any
form, including bearer bonds or registered bonds. Facsimile
signatures may be used on the bonds and any coupons.
Refunding general obligation bonds may be issued in the
same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the county rail
district which issues the bonds may specifically pledge all or
a portion of the revenues, charges, user fees, or special
assessments to refund the general obligation bonds. [1983
c 303 § 12.]
36.60.060
Revenue bonds authorized—
Limitations—Terms. (1) A county rail district may issue
revenue bonds to fund revenue generating facilities which it
is authorized to provide or operate. Whenever revenue
bonds are to be issued, the governing body of the district
shall create or have created a special fund or funds for the
sole purpose of paying the principal of and interest on the
bonds of each such issue, into which fund or funds the
governing body may obligate the district to pay such
amounts of the gross revenue of all or any part of the facilities constructed, acquired, improved, repaired, or replaced
pursuant to this chapter as the governing body determines.
(2) The governing body of a county rail district issuing
revenue bonds shall create a special fund or funds from
which, along with any reserves created under RCW
39.44.140, the principal and interest on the revenue bonds
shall exclusively be payable. The governing body may
obligate the county rail district to set aside and pay into the
special fund or funds a fixed proportion or a fixed amount
of the revenues from the public improvements, projects,
facilities, and all related additions funded by the revenue
bonds. This amount or proportion shall be a lien and charge
against these revenues, subject only to operating and maintenance expenses. The governing body shall consider the
cost of operation and maintenance of the public improvement, project, facility, or additions funded by the revenue
bonds and shall not place into the special fund or funds a
greater amount or proportion of the revenues than it thinks
will be available after maintenance and operation expenses
have been paid and after the payment of revenue previously
pledged. The governing body may also provide that revenue
bonds payable from the same source or sources of revenue
may later be issued on parity with any revenue bonds issued
and sold.
(3) Revenue bonds issued pursuant to this section shall
not be an indebtedness of the county rail district issuing the
bonds, and the interest and principal on the bonds shall only
be payable from the revenues lawfully pledged to meet the
principal and interest requirements and any reserves created
pursuant to RCW 39.44.140. The owner of a revenue bond
or any interest coupon issued pursuant to this section shall
not have any claim against the county rail district arising
from the bond or coupon except for payment from the
revenues lawfully pledged to meet the principal and interest
requirements and any reserves created pursuant to RCW
39.44.140. The substance of the limitations included in this
[Title 36 RCW—page 128]
subsection shall be plainly printed, written, or engraved on
each bond issued pursuant to this section.
(4) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The governing body of the county
rail district shall by resolution determine for each revenue
bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration
privileges, manner of execution, manner of sale, callable
provisions, if any, and covenants including the refunding of
existing revenue bonds. The bonds may be in any form,
including bearer bonds or registered bonds. Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as
revenue bonds are issued. [1983 c 303 § 13.]
36.60.070 Power of eminent domain. A county rail
district may exercise the power of eminent domain to obtain
property for its authorized purposes in the manner counties
exercise the powers of eminent domain. [1983 c 303 § 14.]
Eminent domain by counties: Chapter 8.08 RCW.
36.60.100 Establishment, modification, or dissolution of district—Alternate method. The method of
establishing, modifying, or dissolving a county rail district in
RCW 36.60.110 through 36.60.130 is an alternate method to
that specified in RCW 36.60.020. [1986 c 26 § 1.]
36.60.110 Establishment, modification, or dissolution of district—Alternate method—Petition. A petition
to establish, modify the boundaries, or dissolve a county rail
district shall be filed with the county legislative authority.
The petition shall be signed by the owners of property
valued at not less than seventy-five percent according to the
assessed valuation for general taxation of the property for
which establishment, modification or dissolution is petitioned. The petition shall set forth a legal description of the
property and shall be accompanied by a plat which outlines
the boundaries of the property sought to be annexed. [1986
c 26 § 2.]
36.60.120 Establishment, modification, or dissolution of district—Alternate method—Public hearing. If a
petition to establish, modify the boundaries, or dissolve a
county rail district is filed with the county legislative
authority that complies with the requirements specified in
RCW 36.60.110, the legislative authority may accept the
petition, fix a date for a public hearing, and publish notice
of the hearing in one issue of the official county newspaper.
The notice shall also be posted in three public places within
the area proposed for establishment, modification, or dissolution, and shall specify the time and place of hearing. The
expense of publication and posting of the notice shall be
paid by the signers of the petition. [1986 c 26 § 3.]
36.60.130 Establishment, modification, or dissolution of district—Alternate method—Determination by
county legislative authority. Following the hearing, the
county legislative authority shall determine by resolution
whether the area proposed shall establish, modify the
(2002 Ed.)
County Rail Districts
boundaries, or dissolve the county rail district. They may
include all or any portion of the proposed area but may not
include any property not described in the petition. [1986 c
26 § 4.]
36.60.140 Annexation by boundary modification—
Assumption of outstanding indebtedness. All property
annexed to a county rail district by a boundary modification
under RCW 36.60.110 through 36.60.130 shall assume all or
any portion of the outstanding indebtedness of the county
rail district existing at the date of modification. [1986 c 26
§ 5.]
36.60.900 Liberal construction. The rule of strict
construction does not apply to this chapter, and this chapter
shall be liberally construed to permit the accomplishment of
its purposes. [1983 c 303 § 15.]
36.60.905 Severability—1983 c 303. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 303 § 23.]
Chapter 36.61
LAKE MANAGEMENT DISTRICTS
Sections
36.61.010
36.61.020
36.61.025
36.61.030
36.61.040
36.61.050
36.61.060
36.61.070
36.61.080
36.61.090
36.61.100
36.61.110
36.61.115
36.61.120
36.61.130
36.61.140
36.61.150
36.61.160
36.61.170
36.61.180
36.61.190
36.61.200
36.61.210
36.61.220
36.61.230
36.61.240
36.61.250
36.61.260
36.61.270
(2002 Ed.)
Purpose.
Creation of district—Special assessments or rates and charges.
Creation of district—Duration.
Creation of district—Resolution or petition—Contents.
Creation of district—Public hearing—Notice—Contents.
Creation of district—Public hearing—Amendments to original plan.
Creation of district—Public hearing—Legislative authority
may delegate responsibility.
Creation of district—Submittal of question to landowners.
Creation of district—Submittal of question to landowners—
Mail ballot.
Creation of district—Submittal of question to landowners—
Balloting—Conditions.
Creation of district—Submittal of question to landowners—
Majority vote required—Adoption of ordinance.
Creation of district—Limitations on appeals.
Limitation on special assessments, rates and charges.
Special assessment roll—Adoption—Public hearing.
Special assessment roll—Public hearing—Legislative authority may delegate responsibility—Appeals.
Special assessment roll—Public hearing—Notice—Contents.
Special assessment roll—Appeal to superior and appellate
courts—Procedure.
Special assessments—Calculation.
Special assessments—Limitations.
Special assessments—Modification.
Special assessments—Collection—Notice.
Special assessments—Payment period—Interest and penalty.
Special assessments—Subdivision of land—Segregation of
assessment.
Special assessments—Filing with county treasurer.
Special assessments—Lien created.
Special assessments—Lien—Validity—Foreclosure.
Special assessments—Legislative authority may stop.
Bonds.
Imposition of rates and charges.
36.60.130
Assessments and charges against state lands: Chapter 79.44 RCW.
Boat trailer fee: RCW 46.16.670.
36.61.010 Purpose. The legislature finds that the
environmental, recreational, and aesthetic values of many of
the state’s lakes are threatened by eutrophication and other
deterioration and that existing governmental authorities are
unable to adequately improve and maintain the quality of the
state’s lakes.
It is the purpose of this chapter to establish a governmental mechanism by which property owners can embark on
a program of lake improvement and maintenance for their
and the general public’s benefit, health, and welfare. Public
property, including state property, shall be considered the
same as private property in this chapter, except liens for
special assessments and liens for rates and charges shall not
extend to public property. Lake bottom property shall not be
considered to be benefited, shall not be subject to special
assessments or rates and charges, and shall not receive
voting rights under this chapter. [1987 c 432 § 1; 1985 c
398 § 1.]
36.61.020 Creation of district—Special assessments
or rates and charges. Any county may create lake management districts to finance the improvement and maintenance
of lakes located within or partially within the boundaries of
the county. All or a portion of a lake and the adjacent land
areas may be included within one or more lake management
districts. More than one lake, or portions of lakes, and the
adjacent land areas may be included in a single lake management district.
Special assessments or rates and charges may be
imposed on the property included within a lake management
district to finance lake improvement and maintenance activities, including: (1) The control or removal of aquatic plants
and vegetation; (2) water quality; (3) the control of water
levels; (4) storm water diversion and treatment; (5) agricultural waste control; (6) studying lake water quality problems
and solutions; (7) cleaning and maintaining ditches and
streams entering or leaving the lake; and (8) the related
administrative, engineering, legal, and operational costs,
including the costs of creating the lake management district.
Special assessments or rates and charges may be
imposed annually on all the land in a lake management
district for the duration of the lake management district without a related issuance of lake management district bonds or
revenue bonds. Special assessments also may be imposed in
the manner of special assessments in a local improvement
district with each landowner being given the choice of
paying the entire special assessment in one payment, or to
paying installments, with lake management district bonds
being issued to obtain moneys not derived by the initial full
payment of the special assessments, and the installments
covering all of the costs related to issuing, selling, and
redeeming the lake management district bonds. [2000 c 184
§ 5; 1987 c 432 § 2; 1985 c 398 § 2.]
Effective date—2000 c 184: See note following RCW 39.96.010.
Cities and towns authorized to establish lake management districts: RCW
35.21.403.
Flood control districts authorized to engage in activities under RCW
36.61.020: RCW 86.09.151.
[Title 36 RCW—page 129]
36.61.025
Title 36 RCW: Counties
36.61.025 Creation of district—Duration. To
improve the ability of counties to finance long-term lake
management objectives, lake management districts may be
created for any needed period of time. [2000 c 184 § 4.]
Effective date—2000 c 184: See note following RCW 39.96.010.
36.61.030 Creation of district—Resolution or
petition—Contents. A lake management district may be
initiated upon either the adoption of a resolution of intention
by a county legislative authority or the filing of a petition
signed by ten landowners or the owners of at least fifteen
percent of the acreage contained within the proposed lake
management district, whichever is greater. A petition or
resolution of intention shall set forth: (1) The nature of the
lake improvement or maintenance activities proposed to be
financed; (2) the amount of money proposed to be raised by
special assessments or rates and charges; (3) if special
assessments are to be imposed, whether the special assessments will be imposed annually for the duration of the lake
management district, or the full special assessments will be
imposed at one time, with the possibility of installments
being made to finance the issuance of lake management
district bonds, or both methods; (4) if rates and charges are
to be imposed, the annual amount of revenue proposed to be
collected and whether revenue bonds payable from the rates
and charges are proposed to be issued; (5) the number of
years proposed for the duration of the lake management
district; and (6) the proposed boundaries of the lake management district.
The county legislative authority may require the posting
of a bond of up to five thousand dollars before the county
considers the proposed creation of a lake management
district initiated by petition. The bond may only be used by
the county to finance its costs in studying, holding hearings,
making notices, preparing special assessment rolls or rolls
showing the rates and charges on each parcel, and conducting elections related to the lake management district if the
proposed lake management district is not created.
A resolution of intention shall also designate the number
of the proposed lake management district, and fix a date,
time, and place for a public hearing on the formation of the
proposed lake management district. The date for the public
hearing shall be at least thirty days and no more than ninety
days after the adoption of the resolution of intention unless
an emergency exists.
Petitions shall be filed with the county legislative
authority. The county legislative authority shall determine
the sufficiency of the signatures, which shall be conclusive
upon all persons. No person may withdraw his or her name
from a petition after it is filed. If the county legislative
authority determines a petition to be sufficient and the
proposed lake management district appears to be in the
public interest and the financing of the lake improvement or
maintenance activities is feasible, it shall adopt a resolution
of intention, setting forth all of the details required to be
included when a resolution of intention is initiated by the
county legislative authority. [1987 c 432 § 3; 1985 c 398 §
3.]
36.61.040 Creation of district—Public hearing—
Notice—Contents. Notice of the public hearing shall be
[Title 36 RCW—page 130]
published in at least two consecutive issues of a newspaper
of general circulation in the proposed lake management district, the date of the first publication to be at least fifteen
days prior to the date fixed for the public hearing by the
resolution of intention. Notice of the public hearing shall
also be given to the owner or reputed owner of any lot, tract,
parcel of land, or other property within the proposed lake
management district by mailing the notice at least fifteen
days before the date fixed for the public hearing to the
owner or reputed owner of the property as shown on the tax
rolls of the county assessor at the address shown thereon.
Notice of the public hearing shall also be mailed to the
departments of fish and wildlife and ecology at least fifteen
days before the date fixed for the public hearing.
Notices of the public hearing shall: (1) Refer to the
resolution of intention; (2) designate the proposed lake
management district by number; (3) set forth a proposed plan
describing: (a) The nature of the proposed lake improvement or maintenance activities; (b) the amount of special
assessments or rates and charges proposed to be raised by
the lake management district; (c) if special assessments are
proposed to be imposed, whether the special assessments
will be imposed annually for the duration of the lake
management district, or the full special assessments will be
payable at one time, with the possibility of periodic installments being paid and lake management bonds being issued,
or both; (d) if rates and charges are proposed to be imposed,
the annual amount of revenue proposed to be collected and
whether revenue bonds payable from the rates and charges
are proposed to be issued; and (e) the proposed duration of
the lake management district; and (4) indicate the date, time,
and place of the public hearing designated in the resolution
of intention.
In the case of the notice sent to each owner or reputed
owner by mail, the notice shall set forth the estimated
amount of the cost of the lake improvement or maintenance
activities to be borne by special assessment, or annual
special assessments, or rates and charges on the lot, tract,
parcel of land, or other property owned by the owner or
reputed owner.
If the county legislative authority has designated a
committee of itself or an officer to hear complaints and
make recommendations to the full county legislative authority, as provided in RCW 36.61.060, the notice shall also
describe this additional step before the full county legislative
authority may adopt a resolution creating the lake management district. [1994 c 264 § 9; 1988 c 36 § 9; 1987 c 432
§ 4; 1985 c 398 § 4.]
36.61.050 Creation of district—Public hearing—
Amendments to original plan. The county legislative
authority shall hold a public hearing on the proposed lake
management district at the date, time, and place designated
in the resolution of intention.
At this hearing the county legislative authority shall hear
objections from any person affected by the formation of the
lake management district. Representatives of the departments of fish and wildlife and ecology shall be afforded
opportunities to make presentations on and comment on the
proposal. Members of the public shall be afforded an
opportunity to comment on the proposal. The county
(2002 Ed.)
Lake Management Districts
legislative authority must consider recommendations provided to it by the departments of fish and wildlife and ecology.
The public hearing may be extended to other times and dates
declared at the public hearing. The county legislative
authority may make such changes in the boundaries of the
lake management district or such modification in plans for
the proposed lake improvement or maintenance activities as
it deems necessary. The county legislative authority may not
change boundaries of the lake management district to include
property that was not included previously without first
passing an amended resolution of intention and giving new
notice to the owners or reputed owners of property newly
included in the proposed lake management district in the
manner and form and within the time provided for the
original notice. The county legislative authority shall not
alter the plans for the proposed lake improvement or
maintenance activities to result in an increase in the amount
of money proposed to be raised, and shall not increase the
amount of money proposed to be raised, without first passing
an amended resolution of intention and giving new notice to
property owners in the manner and form and within the time
provided for the original notice. [1994 c 264 § 10; 1988 c
36 § 10; 1985 c 398 § 5.]
36.61.060 Creation of district—Public hearing—
Legislative authority may delegate responsibility. A
county legislative authority may adopt an ordinance providing for a committee of itself, or an officer, to hold public
hearings on the proposed formation of a lake management
district and hear objections to the proposed formation as
provided in RCW 36.61.050. The committee or officer shall
make a recommendation to the full legislative authority,
which need not hold a public hearing on the proposed
creation of the lake management district. The full county
legislative authority by resolution may approve or disapprove
the recommendation and submit the question of creating the
lake management district to the property owners as provided
in RCW 36.61.070 through 36.61.100. [1985 c 398 § 10.]
36.61.070 Creation of district—Submittal of question to landowners. After the public hearing, the county
legislative authority may adopt a resolution submitting the
question of creating the lake management district to the
owners of land within the proposed lake management
district, including publicly owned land, if the county legislative authority finds that it is in the public interest to create
the lake management district and the financing of the lake
improvement and maintenance activities is feasible. The
resolution shall also include: (1) A plan describing the
proposed lake improvement and maintenance activities which
avoid adverse impacts on fish and wildlife and provide for
appropriate measures to protect and enhance fish and
wildlife; (2) the number of years the lake management district will exist; (3) the amount to be raised by special
assessments or rates and charges; (4) if special assessments
are to be imposed, whether the special assessments shall be
imposed annually for the duration of the lake management
district or only once with the possibility of installments
being imposed and lake management bonds being issued, or
both, and, if both types of special assessments are proposed
to be imposed, the lake improvement or maintenance activi(2002 Ed.)
36.61.050
ties proposed to be financed by each type of special assessment; (5) if rates and charges are to be imposed, a description of the rates and charges and the possibility of revenue
bonds being issued that are payable from the rates and
charges; and (6) the estimated special assessment or rate and
charge proposed to be imposed on each parcel included in
the proposed lake management district.
No lake management district may be created by a
county that includes territory located in another county
without the approval of the legislative authority of the other
county. [1987 c 432 § 5; 1985 c 398 § 6.]
36.61.080 Creation of district—Submittal of question to landowners—Mail ballot. A ballot shall be mailed
to each owner or reputed owner of any lot, tract, parcel of
land, or other property within the proposed lake management
district, including publicly owned land, which ballot shall
contain the following proposition:
"Shall lake management district No. . . . . be formed?
Yes . . . . . . . .
No . . . . . . . ."
In addition, the ballot shall contain appropriate spaces
for the signatures of the landowner or landowners, or officer
authorized to cast such a ballot. Each ballot shall include a
description of the property owner’s property and the estimated special assessment, or rate and charge, proposed to be
imposed upon the property. A copy of the instructions and
the resolution submitting the question to the landowners shall
also be included. [1987 c 432 § 6; 1985 c 398 § 7.]
36.61.090 Creation of district—Submittal of question to landowners—Balloting—Conditions. The balloting
shall be subject to the following conditions, which shall be
included in the instructions mailed with each ballot, as
provided in RCW 36.61.080: (1) All ballots must be signed
by the owner or reputed owner of property according to the
assessor’s tax rolls; (2) each ballot must be returned to the
county legislative authority not later than five o’clock p.m.
of a specified day, which shall be at least twenty but not
more than thirty days after the ballots are mailed; (3) each
property owner shall mark his or her ballot for or against the
creation of the proposed lake management district, with the
ballot weighted so that the property owner has one vote for
each dollar of estimated special assessment or rate and
charge proposed to be imposed on his or her property; and
(4) the valid ballots shall be tabulated and a simple majority
of the votes cast shall determine whether the proposed lake
management district shall be approved or rejected. [1987 c
432 § 7; 1985 c 398 § 8.]
36.61.100 Creation of district—Submittal of question to landowners—Majority vote required—Adoption
of ordinance. If the proposal receives a simple majority
vote in favor of creating the lake management district, the
county legislative authority shall adopt an ordinance creating
the lake management district and may proceed with establishing the special assessments or rates and charges, collecting the special assessments or rates and charges, and
performing the lake improvement or maintenance activities.
If a proposed lake management district includes more than
[Title 36 RCW—page 131]
36.61.100
Title 36 RCW: Counties
one lake and its adjacent areas, the lake management district
may only be established if the proposal receives a simple
majority vote in favor of creating it by the voters on each
lake and its adjacent areas. The county legislative authority
shall publish a notice in a newspaper of general circulation
in a lake management district indicating that such an
ordinance has been adopted within ten days of the adoption
of the ordinance.
The ballots shall be available for public inspection after
they are counted. [1987 c 432 § 8; 1985 c 398 § 9.]
36.61.110 Creation of district—Limitations on
appeals. No lawsuit may be maintained challenging the
jurisdiction or authority of the county legislative authority to
proceed with the lake improvement and maintenance
activities and creating the lake management district or in any
way challenging the validity of the actions or decisions or
any proceedings relating to the actions or decisions unless
the lawsuit is served and filed no later than forty days after
publication of a notice that the ordinance has been adopted
ordering the lake improvement and maintenance activities
and creating the lake management district. Written notice of
the appeal shall be filed with the county legislative authority
and clerk of the superior court in the county in which the
property is situated. [1985 c 398 § 11.]
36.61.115 Limitation on special assessments, rates
and charges. A special assessment, or rate and charge, on
any lot, tract, parcel of land, or other property shall not be
increased beyond one hundred ten percent of the estimated
special assessment, or rate and charge, proposed to be
imposed as provided in the resolution adopted in RCW
36.61.070, unless the creation of a lake management district
is approved under another mailed ballot election that reflects
the weighted voting arising from such increases. [1987 c
432 § 9.]
36.61.120 Special assessment roll—Adoption—
Public hearing. After a lake management district is created,
the county shall prepare a proposed special assessment roll.
A separate special assessment roll shall be prepared for
annual special assessments if both annual special assessments
and special assessments paid at one time are imposed. The
proposed special assessment roll shall list: (1) Each separate
lot, tract, parcel of land, or other property in the lake
management district; (2) the acreage of such property, and
the number of feet of lake frontage, if any; (3) the name and
address of the owner or reputed owner of each lot, tract,
parcel of land, or other property as shown on the tax rolls of
the county assessor; and (4) the special assessment proposed
to be imposed on each lot, tract, parcel of land, or other
property, or the annual special assessments proposed to be
imposed on each lot, tract, parcel of land, or other property.
At the time, date, and place fixed for a public hearing,
the county legislative authority shall act as a board of
equalization and hear objections to the special assessment
roll, and at the times to which the public hearing may be
adjourned, the county legislative authority may correct,
revise, raise, lower, change, or modify the special assessment
roll or any part thereof, or set the proposed special assessment roll aside and order a new proposed special assessment
[Title 36 RCW—page 132]
roll to be prepared. The county legislative authority shall
confirm and approve a special assessment roll by adoption
of a resolution.
If a proposed special assessment roll is amended to raise
any special assessment appearing thereon or to include
omitted property, a new public hearing shall be held. The
new public hearing shall be limited to considering the increased special assessments or omitted property. Notices
shall be sent to the owners or reputed owners of the affected
property in the same manner and form and within the time
provided for the original notice.
Objections to a proposed special assessment roll must be
made in writing, shall clearly state the grounds for objections, and shall be filed with the governing body prior to the
public hearing. Objections to a special assessment or annual
special assessments that are not made as provided in this
section shall be deemed waived and shall not be considered
by the governing body or a court on appeal. [1985 c 398 §
12.]
36.61.130 Special assessment roll—Public hearing—
Legislative authority may delegate responsibility—
Appeals. A county legislative authority may adopt an
ordinance providing for a committee of itself, or an officer,
to hear objections to the special assessment roll, act as a
board of equalization, and make recommendations to the full
county legislative authority, which need not hold a public
hearing on the special assessment roll. The ordinance shall
provide a process by which an appeal may be made in
writing to the full county legislative authority by a person
protesting his or her special assessment or annual special
assessments as confirmed by the committee or officer. The
full county legislative authority by resolution shall approve
the special assessment roll, modify and approve the special
assessment roll as a result of hearing objections, or reject the
special assessment roll and return it to the committee or officer for further work and recommendations. No objection to
the decision of the full county legislative authority approving
the special assessment roll may be considered by a court
unless an objection to the decision has been timely filed with
the county legislative authority as provided in this section.
[1985 c 398 § 13.]
36.61.140 Special assessment roll—Public hearing—
Notice—Contents. Notice of the original public hearing on
the proposed special assessment roll, and any public hearing
held as a result of raising special assessments or including
omitted property, shall be published and mailed to the owner
or reputed owner of the property as provided in RCW
36.61.040 for the public hearing on the formation of the lake
management district. However, the notice need only provide
the total amount to be collected by the special assessment
roll and shall state that: (1) A public hearing on the proposed special assessment roll will be held, giving the time,
date, and place of the public hearing; (2) the proposed
special assessment roll is available for public perusal, giving
the times and location where the proposed special assessment
roll is available for public perusal; (3) objections to the
proposed special assessment must be in writing, include clear
grounds for objections, and must be filed prior to the public
(2002 Ed.)
Lake Management Districts
hearing; and (4) failure to so object shall be deemed to
waive an objection.
Notices mailed to the owners or reputed owners shall
additionally indicate the amount of special assessment
ascribed to the particular lot, tract, parcel of land, or other
property owned by the person so notified. [1985 c 398 §
14.]
36.61.150 Special assessment roll—Appeal to
superior and appellate courts—Procedure. The decision
of a county legislative authority upon any objection to the
special assessment roll may be appealed to the superior court
only if the objection had been timely made in the manner
prescribed in this chapter. The appeal shall be made within
ten days after publication of a notice that the resolution
confirming the special assessment roll has been adopted by
filing written notice of the appeal with the county legislative
authority and the clerk of the superior court in the county in
which the real property is situated. The notice of appeal
shall describe the property and set forth the objections of the
appellant to the special assessment. Within ten days from
the filing of such notice of appeal with the clerk of the superior court, the appellant shall file with the clerk of the court
a transcript consisting of the special assessment roll and his
or her objections thereto, together with the resolution
confirming such special assessment roll and the record of the
county legislative authority with reference to the special
assessment or annual special assessments, which transcript,
upon payment of the necessary fees therefor, shall be
furnished by an officer of the county and by him or her
certified to contain full, true, and correct copies of all
matters and proceedings required to be included in the
transcript. Such fees shall be the same as the fees payable
to the county clerk for the preparation and certification of
transcripts on appeal to the supreme court or the court of
appeals in civil actions.
At the time of the filing of the notice of appeal with the
clerk of the superior court a sufficient bond in the penal sum
of two hundred dollars, with a surety or sureties thereon as
provided by law for appeals in civil cases, shall be filed
conditioned to prosecute such appeal without delay, and if
unsuccessful, to pay all costs incurred by the county because
of the appeal. The court may order the appellant, upon
application therefor, to execute and file such additional bond
or bonds as the necessity of the case may require.
Within three days after such transcript is filed in the
superior court, the appellant shall give written notice to the
county legislative authority that such transcript is filed. The
notice shall state a time, not less than three days from the
service thereof, when the appellant will call up the cause for
hearing.
The superior court shall, at this time or at such further
time as may be fixed by order of the court, hear and
determine such appeal without a jury, and such cause shall
have preference over all civil causes pending in the court,
except proceedings under an act relating to eminent domain
in such county and actions of forcible entry and detainer.
The judgment of the court shall confirm, correct, modify, or
annul the special assessment or annual special assessments
insofar as the same affects the property of the appellant. A
certified copy of the decision of the court shall be filed with
(2002 Ed.)
36.61.140
the officer having custody of the special assessment roll, and
he or she shall modify and correct such special assessment
roll in accordance with the decision.
An appeal shall lie to the supreme court or the court of
appeals from the judgment of the superior court, as in other
cases, however, such appeal must be taken within fifteen
days after the date of the entry of the judgment of the
superior court, and the record and opening brief of the
appellant in the cause shall be filed in the supreme court or
the court of appeals within sixty days after the appeal is
taken by notice as provided in this section. The time for
filing the record and serving and filing of briefs may be
extended by order of the superior court, or by stipulation of
the parties concerned. The supreme court or the court of
appeals on such appeal may correct, modify, confirm, or
annul the special assessment or annual special assessments
insofar as the same affects the property of the appellant. A
certified copy of the order of the supreme court or the court
of appeals upon such appeal shall be filed with the officer
having custody of such special assessment roll, who shall
thereupon modify and correct such special assessment roll in
accordance with such decision. [1985 c 398 § 15.]
36.61.160 Special assessments—Calculation.
Whenever special assessments are imposed, all property
included within a lake management district shall be considered to be the property specially benefited by the lake
improvement or maintenance activities and shall be the
property upon which special assessments are imposed to pay
the costs and expenses of the lake improvement or maintenance activities, or such part of the costs and expenses as
may be chargeable against the property specially benefited.
The special assessments shall be imposed on property in
accordance with the special benefits conferred on the
property up to but not in excess of the total costs and
expenses of the lake improvement or maintenance activities
as provided in the special assessment roll.
Special assessments may be measured by front footage,
acreage, the extent of improvements on the property, or any
other factors that are deemed to fairly reflect special benefits, including those authorized under RCW 35.51.030.
Special assessments may be calculated by using more than
one factor. Zones around the public improvement may be
used that reflect different levels of benefit in each zone that
are measured by a front footage, acreage, the extent of
improvements, or other factors.
Public property, including property owned by the state
of Washington, shall be subject to special assessments to the
same extent that private property is subject to the special
assessments, except no lien shall extend to public property.
[1987 c 432 § 10; 1985 c 398 § 16.]
36.61.170 Special assessments—Limitations. The
total annual special assessments may not exceed the estimated cost of the lake improvement or maintenance activities
proposed to be financed by such special assessments, as
specified in the resolution of intention. The total of special
assessments imposed in a lake management district that are
of the nature of special assessments imposed in a local
improvement district shall not exceed one hundred fifty
percent of the estimated total cost of the lake improvement
[Title 36 RCW—page 133]
36.61.170
Title 36 RCW: Counties
or maintenance activities that are proposed to be financed by
the lake management district as specified in the resolution of
intention. After a lake management district has been created,
the resolution of intention may be amended to increase the
amount to be financed by the lake management district by
using the same procedure in which a lake management
district is created. [1985 c 398 § 17.]
36.61.180 Special assessments—Modification.
Whenever annual special assessments are being imposed, the
county legislative authority may modify the level of annual
special assessments imposed by conforming with the
procedures and subject to the limitations included in RCW
36.61.120 through 36.61.170. [1985 c 398 § 18.]
36.61.190 Special assessments—Collection—Notice.
Special assessments and installments on any special assessment shall be collected by the county treasurer.
The county treasurer shall publish a notice indicating
that the special assessment roll has been confirmed and that
the special assessments are to be collected. The notice shall
indicate the duration of the lake management district and
shall describe whether the special assessments will be paid
in annual payments for the duration of the lake management
district, or whether the full special assessments will be
payable at one time, with the possibility of periodic installments being paid and lake management bonds being issued,
or both.
If the special assessments are to be payable at one time,
the notice additionally shall indicate that all or any portion
of the special assessments may be paid within thirty days
from the date of publication of the first notice without
penalty or interest. This notice shall be published in a
newspaper of general circulation in the lake management
district.
Within ten days of the first newspaper publication, the
county treasurer shall notify each owner or reputed owner of
property whose name appears on the special assessment roll,
at the address shown on the special assessment roll, for each
item of property described on the list: (1) Whether one
special assessment payable at one time or special assessments payable annually have been imposed; (2) the amount
of the property subject to the special assessment or annual
special assessments; and (3) the total amount of the special
assessment due at one time, or annual amount of special
assessments due. If the special assessment is due at one
time, the notice shall also describe the thirty-day period
during which the special assessment may be paid without
penalty, interest, or cost. [1985 c 398 § 19.]
36.61.200 Special assessments—Payment period—
Interest and penalty. If the special assessments are to be
payable at one time, all or any portion of any special
assessment may be paid without interest, penalty, or costs
during this thirty-day period and placed into a special fund
to defray the costs of the lake improvement or maintenance
activities. The remainder shall be paid in installments as
provided in a resolution adopted by the county legislative
authority, but the last installment shall be due at least two
years before the maximum term of the bonds issued to pay
for the improvements or maintenance. The installments shall
[Title 36 RCW—page 134]
include amounts sufficient to redeem the bonds issued to pay
for the lake improvement and maintenance activities. A
twenty-day period shall be allowed after the due date of any
installment within which no interest, penalty, or costs on the
installment may be imposed.
The county shall establish by ordinance an amount of
interest that will be imposed on late special assessments
imposed annually or at once, and on installments of a special
assessment. The ordinance shall also specify the penalty, in
addition to the interest, that will be imposed on a late annual
special assessment, special assessment, or installment which
shall not be less than five percent of the delinquent special
assessment or installment.
The owner of any lot, tract, parcel of land, or other
property charged with a special assessment may redeem it
from all liability for the unpaid amount of the installments
by paying, to the county treasurer, the remaining portion of
the installments that is attributable to principal on the lake
management district bonds. [1985 c 398 § 20.]
36.61.210 Special assessments—Subdivision of
land—Segregation of assessment. Whenever any land
against which there has been levied any special assessment
or annual special assessments by any county has been sold
in part, subdivided, or short subdivided, the county legislative authority may order a segregation of the special assessment or annual special assessments. If an installment has
been made, the segregation shall apportion the remaining installments on the parts or lots created.
Any person desiring to have such a special assessment
or annual special assessments against a tract of land segregated to apply to smaller parts thereof shall apply to the
county legislative authority which levied the special assessment or annual special assessments. If the county legislative
authority determines that a segregation should be made, it
shall by resolution order the county treasurer to segregate the
special assessment or annual special assessments on the
original assessment roll as directed in the resolution. The
segregation shall be made as nearly as possible on the same
basis as the original special assessment or annual special
assessments were levied, and the total of the segregated parts
of the special assessment or annual special assessments shall
equal the amount of the special assessment or annual special
assessments unpaid before segregation. The resolution shall
describe the original tract and the amount and date of the
original special assessment or annual special assessments and
shall define the boundaries of the divided parts and the
amount of the special assessment or annual special assessments chargeable to each part. A certified copy of the
resolution shall be delivered to the county treasurer who
shall proceed to segregate the special assessment or annual
special assessments upon being tendered a fee of three dollars for each tract of land for which a segregation is to be
made. In addition to such charge the county legislative
authority may require as a condition to the order of segregation that the person seeking it pay the local government the
reasonable engineering and clerical costs incident to making
the segregation. [1985 c 398 § 21.]
36.61.220 Special assessments—Filing with county
treasurer. Within fifteen days after a county creates a lake
(2002 Ed.)
Lake Management Districts
management district, the county shall cause to be filed with
the county treasurer, a description of the lake improvement
and maintenance activities proposed that the lake management district finances, the lake management district number,
and a copy of the diagram or print showing the boundaries
of the lake management district and preliminary special assessment roll or abstract of same showing thereon the lots,
tracts, parcels of land, and other property that will be
specially benefited thereby and the estimated cost and
expense of such lake improvement and maintenance activities to be borne by each lot, tract, parcel of land, or other
property. The treasurer shall immediately post the proposed
special assessment roll upon his or her index of special
assessments against the properties affected by the lake
improvement or maintenance activities. [1985 c 398 § 22.]
36.61.230 Special assessments—Lien created. The
special assessment or annual special assessments imposed
upon the respective lots, tracts, parcels of land, and other
property in the special assessment roll or annual special
assessment roll confirmed by resolution of the county
legislative authority for the purpose of paying the cost and
expense in whole or in part of any lake improvement or
maintenance activities shall be a lien upon the property
assessed from the time the special assessment roll is placed
in the hands of the county treasurer for collection, but as
between the grantor and grantee, or vendor and vendee of
any real property, when there is no express agreement as to
payment of the special assessments against the real property,
the lien of such special assessments shall attach thirty days
after the filing of the diagram or print and the estimated cost
and expense of such lake improvement or maintenance
activities to be borne by each lot, tract, parcel of land, or
other property, as provided in RCW 36.61.220. Interest and
penalty shall be included in and shall be a part of the special
assessment lien. No lien shall extend to public property
subjected to special assessments.
The special assessment lien shall be paramount and
superior to any other lien or encumbrance theretofore or
thereafter created except a lien for general taxes. [1985 c
398 § 23.]
36.61.240 Special assessments—Lien—Validity—
Foreclosure. Special assessments shall be valid and
enforceable as such and the lien thereof on the property assessed shall be valid if the county legislative authority in
making the special assessments acted in good faith and
without fraud. Delinquent special assessments or installments shall be foreclosed in the same manner as special
assessments are foreclosed under chapter 36.94 RCW.
Public property subject to special assessments shall not be
subject to liens. [1985 c 398 § 24.]
36.61.250 Special assessments—Legislative authority
may stop. The county legislative authority may stop the
imposition of annual special assessments if, in its opinion,
the public interest will be served by such action. [1985 c
398 § 25.]
36.61.260 Bonds. (1) Counties may issue lake
management district bonds in accordance with this section.
(2002 Ed.)
36.61.220
Lake management district bonds may be issued to obtain
money sufficient to cover that portion of the special assessments that are not paid within the thirty-day period provided
in RCW 36.61.190.
Whenever lake management district bonds are proposed
to be issued, the county legislative authority shall create a
special fund or funds for the lake management district from
which all or a portion of the costs of the lake improvement
and maintenance activities shall be paid. Lake management
district bonds shall not be issued in excess of the costs and
expenses of the lake improvement and maintenance activities
and shall not be issued prior to twenty days after the thirty
days allowed for the payment of special assessments without
interest or penalties.
Lake management district bonds shall be exclusively
payable from the special fund or funds and from a guaranty
fund that the county may have created out of a portion of
proceeds from the sale of the lake management district
bonds.
(2) Lake management district bonds shall not constitute
a general indebtedness of the county issuing the bond nor an
obligation, general or special, of the state. The owner of any
lake management district bond shall not have any claim for
the payment thereof against the county that issues the bonds
except for payment from the special assessments made for
the lake improvement or maintenance activities for which the
lake management district bond was issued and from a lake
management district guaranty fund that may have been
created. The county shall not be liable to the owner of any
lake management district bond for any loss to the lake
management district guaranty fund occurring in the lawful
operation of the fund. The owner of a lake management
district bond shall not have any claim against the state
arising from the lake management district bond, special
assessments, or guaranty fund. Tax revenues shall not be
used to secure or guarantee the payment of the principal of
or interest on lake management district bonds.
The substance of the limitations included in this
subsection shall be plainly printed, written, engraved, or
reproduced on: (a) Each lake management district bond that
is a physical instrument; (b) the official notice of sale; and
(c) each official statement associated with the lake management district bonds.
(3) If the county fails to make any principal or interest
payments on any lake management district bond or to
promptly collect any special assessment securing the bonds
when due, the owner of the lake management district bond
may obtain a writ of mandamus from any court of competent
jurisdiction requiring the county to collect the special
assessments, foreclose on the related lien, and make payments out of the special fund or guaranty fund if one exists.
Any number of owners of lake management districts may
join as plaintiffs.
(4) A county may create a lake management district
bond guaranty fund for each issue of lake management
district bonds. The guaranty fund shall only exist for the life
of the lake management district bonds with which it is
associated. A portion of the bond proceeds may be placed
into a guaranty fund. Unused moneys remaining in the
guaranty fund during the last two years of the installments
shall be used to proportionally reduce the required level of
[Title 36 RCW—page 135]
36.61.260
Title 36 RCW: Counties
installments and shall be transferred into the special fund
into which installment payments are placed.
(5) Lake management district bonds shall be issued and
sold in accordance with chapter 39.46 RCW. The authority
to create a special fund or funds shall include the authority
to create accounts within a fund. [2000 c 184 § 6; 1985 c
398 § 26.]
Effective date—2000 c 184: See note following RCW 39.96.010.
36.61.270 Imposition of rates and charges. Whenever rates and charges are to be imposed in a lake management
district, the county legislative authority shall prepare a roll
of rates and charges that includes those matters required to
be included in a special assessment roll and shall hold a
public hearing on the proposed roll of rates and charges as
provided under RCW 36.61.120 through 36.61.150 for a
special assessment roll. The county legislative authority
shall have full jurisdiction and authority to fix, alter, regulate, and control the rates and charges imposed by a lake
management district and may classify the rates or charges by
any reasonable factor or factors, including benefit, use, front
footage, acreage, the extent of improvements on the property, the type of improvements on the property, uses to which
the property is put, service to be provided, and any other
reasonable factor or factors. The flexibility to establish rates
and charges includes the authority to reduce rates and
charges on property owned by low-income persons.
Except as provided in this section, the collection of rates
and charges, lien status of unpaid rates and charges, and
method of foreclosing on such liens shall be subject to the
provisions of chapter 36.94 RCW. Public property, including state property, shall be subject to the rates and charges
to the same extent that private property is subject to them,
except that liens may not be foreclosed on the public
property, and the procedure for imposing such rates and
charges on state property shall conform with the procedure
provided for in chapter 79.44 RCW concerning the imposition of special assessments upon state property. The total
amount of rates and charges cannot exceed the cost of lake
improvement or maintenance activities proposed to be
financed by such rates and charges, as specified in the
resolution of intention. Revenue bonds exclusively payable
from the rates and charges may be issued by the county
under chapter 39.46 RCW. [1987 c 432 § 11.]
Chapter 36.62
HOSPITALS
Sections
36.62.010
36.62.030
36.62.040
36.62.050
36.62.060
36.62.070
36.62.090
36.62.100
36.62.110
36.62.120
36.62.130
36.62.140
36.62.150
36.62.160
Authority to establish.
Hospital may be jointly owned and operated.
Contract for joint hospital.
Petition to establish—Beds limited.
Bond election.
Issuance of bonds—Terms.
Tax levy for maintenance.
Admission of patients—Liability for support.
Board of trustees—Membership.
Board of trustees—Initial appointment—Terms of office.
Board of trustees—Additional trustees for joint hospital.
Board of trustees—Qualifications of trustees.
Board of trustees—Removal of trustee—Procedure.
Board of trustees—Vacancies.
[Title 36 RCW—page 136]
36.62.170
36.62.180
36.62.190
36.62.200
Board of trustees—Quorum.
Board of trustees—Powers and duties.
Board of trustees—Authority to accept gifts and bequests.
Board of trustees—Trustees not compensated—Contract
interest barred—Reimbursement for travel expenses.
36.62.210 Superintendent—Appointment—Salary.
36.62.230 Superintendent—Duties.
36.62.252 County hospital fund—Established—Purpose—Monthly
report.
36.62.270 Supplementary budget.
36.62.290 Contracts between board of regents of state universities and
hospital board of trustees for medical services and
teaching and research activities.
36.62.300 Work ordered and materials purchased.
Combined city and county health department: Chapter 70.08 RCW.
County and city tuberculosis hospitals: Chapter 70.30 RCW.
County health boards and officers: Chapter 70.05 RCW.
Public hospital districts, county participation: Chapter 70.44 RCW.
Sexually transmitted diseases, control and treatment of: Chapter 70.24
RCW.
Utilization of, for state medical care: Chapter 74.09 RCW.
36.62.010 Authority to establish. The legislative
authority of any county may establish, provide, and maintain
hospitals for the care and treatment of the indigent, sick,
injured, or infirm, and for this purpose the county legislative
authority may:
(1) Purchase or lease real property or use lands already
owned by the county;
(2) Erect all necessary buildings, make all necessary
improvements and repairs and alter any existing building for
the use of said hospitals;
(3) Use county moneys, levy taxes, and issue bonds as
authorized by law, to raise a sufficient amount of money to
cover the cost of procuring the site, constructing and
operating hospitals, and for the maintenance thereof and all
other necessary and proper expenses; and
(4) Accept and hold in trust for the county any grant of
land, gift or bequest of money, or any donation for the
benefit of the purposes of this chapter, and apply the same
in accordance with the terms of the gift. [1984 c 26 § 1;
1963 c 4 § 36.62.010. Prior: 1947 c 228 § 1, part; 1925
ex.s. c 174 § 1, part; Rem. Supp. 1947 § 6090-1, part.]
36.62.030 Hospital may be jointly owned and
operated. Any number of counties or any county and any
city in which the county seat of the county is situated may
contract one with the other for the joint purchase, acquisition, ownership, control, and disposition of land and other
property suitable as a site for a county hospital. [1963 c 4
§ 36.62.030. Prior: 1947 c 228 § 1, part; 1925 ex.s. c 174
§ 1, part; Rem. Supp. 1947 § 6090-1, part.]
36.62.040 Contract for joint hospital. All contracts
made in pursuance hereof shall be for such period of time
and upon such terms and conditions as shall be agreed upon.
The contract shall fully set forth the amount of money to be
contributed by the county and city towards the acquisition of
such site and the improvement thereof and the manner in
which the property shall be improved and the character of
the building or buildings to be erected thereon. It may
provide for the amount of money to be contributed annually
by the county and city for the upkeep and maintenance of
(2002 Ed.)
Hospitals
the property and the building or buildings thereon, or it may
provide for the relative proportion of such expense, which
the county and city shall annually pay. The contract may
specify the parts of such building or buildings which shall be
set apart for the exclusive use and occupation of the county
and city. The money to be contributed by the county or city
may be raised by a sale of bonds of such county or city or
by general taxation. Any such county or city now possessing funds or having funds available for a county or city
hospital from a sale of bonds or otherwise may contract for
the expenditure of such funds, as herein provided. Such
contract shall be made only after a proper resolution or
ordinance of the county legislative authority and ordinance
of the city have been passed specifically authorizing it. The
contract when made shall be binding upon the county and
city during its existence or until it is modified or abrogated
by mutual consent evidenced by appropriate legislation. A
site with or without buildings may be contributed in lieu of
money at a valuation to be agreed upon. [1984 c 26 § 2;
1963 c 4 § 36.62.040. Prior: (i) 1925 ex.s. c 174 § 2; RRS
§ 6090-2. (ii) 1947 c 228 § 1, part; 1925 ex.s. c 174 § 1,
part; Rem. Supp. 1947 § 6090-1, part.]
36.62.050 Petition to establish—Beds limited. When
it is proposed to establish such hospital, a petition shall be
presented to the county legislative authority, signed by three
hundred or more resident taxpayers of the county, requesting
the county legislative authority to submit to the electors the
proposition to issue bonds for the purpose of procuring a
site, and erecting, equipping, and maintaining such hospital,
and specifying the amount of bonds proposed to be issued
for that purpose and the number of hospital beds. [1984 c
26 § 3; 1963 c 4 § 36.62.050. Prior: 1925 ex.s. c 174 § 3;
RRS § 6090-3.]
36.62.060 Bond election. Upon presentation of the
petition, the county legislative authority may submit to the
voters of the county at the next general election the question
of issuing bonds and levying a tax for such hospital. [1984
c 26 § 4; 1963 c 4 § 36.62.060. Prior: 1925 ex.s. c 174 §
4; RRS § 6090-4.]
36.62.070 Issuance of bonds—Terms. The bonds
issued for such hospital shall not have maturities in excess
of twenty years. Such bonds shall be issued and sold in
accordance with chapter 39.46 RCW. [1984 c 186 § 26;
1984 c 26 § 5; 1983 c 167 § 72; 1970 ex.s. c 56 § 49; 1969
ex.s. c 232 § 26; 1963 c 4 § 36.62.070. Prior: 1925 ex.s.
c 174 § 5; RRS § 6090-5.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
36.62.090 Tax levy for maintenance. If the hospital
is established, the county legislative authority, at the time of
levying general taxes, may levy a tax, not to exceed fifty
cents per thousand dollars of assessed value in any one year,
for the maintenance of the hospital. [1984 c 26 § 6; 1973
(2002 Ed.)
36.62.040
1st ex.s. c 195 § 37; 1963 c 4 § 36.62.090. Prior: 1925
ex.s. c 174 § 6; RRS § 6090-6.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.62.100 Admission of patients—Liability for
support. Patients shall be admitted to such hospitals in
accordance with policies to be proposed by the board of
trustees and approved by the county legislative authority.
The policies shall provide, within the resources available to
the hospital, that admission of patients shall not be dependent upon their ability to pay. Whenever a patient has been
admitted to the hospital and in accordance with rules established by the board of trustees, the hospital may determine
the person’s ability to pay for the care provided by the
hospital, render billings for the care, and take necessary steps
to obtain payment for the costs of the care from the person,
from the person’s estate, or from any persons or organizations legally liable for the person’s support. [1984 c 26 § 7;
1963 c 4 § 36.62.100. Prior: 1945 c 62 § 1; 1925 ex.s. c
174 § 8; Rem. Supp. 1945 § 6090-8.]
36.62.110 Board of trustees—Membership. Whenever any county, or any county and city jointly, or two or
more counties jointly, establish a hospital for the care and
treatment of the indigent, sick, injured, or infirm, under the
provisions of this chapter, and such hospital is completed
and ready for operation, the county legislative authority of
the county in which the institution is located shall appoint
thirteen persons as trustees for the institution. The thirteen
trustees, together with the additional trustees required by
RCW 36.62.130, if any, shall constitute a board of trustees
for such hospital. [1984 c 26 § 8; 1967 ex.s. c 36 § 2; 1963
c 4 § 36.62.110. Prior: 1931 c 139 § 1, part; RRS § 60909, part.]
Effective date—1967 ex.s. c 36: See note following RCW 36.62.290.
36.62.120 Board of trustees—Initial appointment—
Terms of office. The first members of the board of trustees
of such institution shall be appointed by the county legislative authority within thirty days after the institution has been
completed and is ready for operation. The county legislative
authority appointing the initial members shall appoint three
members for one-year terms, three members for two-year
terms, three members for three-year terms, and four members for four-year terms, and until their successors are
appointed and qualified, and thereafter their successors shall
be appointed for terms of four years and until their successors are appointed and qualified: PROVIDED, That the
continuation of a member past the expiration date of the
term shall not change the commencement date of the term of
the succeeding member. Each term of the initial trustees
shall be deemed to commence on the first day of August
following the appointment but shall also include the period
intervening between the appointment and the first day of
August following the appointment.
For an institution which is already in existence on June
7, 1984, the county legislative authority shall appoint within
thirty days of June 7, 1984, three additional members for
one-year terms, two additional members for two-year terms,
and two additional members for three-year terms, and until
[Title 36 RCW—page 137]
36.62.120
Title 36 RCW: Counties
their successors are appointed and qualified, and thereafter
their successors shall be appointed for terms of four years
and until their successors are appointed and qualified:
PROVIDED FURTHER, That the continuation of an
additional member past the expiration date of the term shall
not change the commencement date of the term of the succeeding member. Each term of the initial additional members shall be deemed to commence on the first day of
August of the year of appointment but shall also include the
period intervening between the appointment and the first day
of August of the year of the appointment.
Upon expiration of the terms of current members, the
successors to current members shall be appointed for fouryear terms and until their successors are appointed and
qualified: AND PROVIDED FURTHER, That the continuation of a successor to a current member past the expiration
date of the term shall not change the commencement date of
the term of the succeeding member. Each term of the initial
successors to current members shall be deemed to commence
on the first day of August following the expiration of a
current term but shall also include the period intervening
between the appointment and the first day of August of the
year of the appointment. [1984 c 26 § 9; 1963 c 4 §
36.62.120. Prior: (i) 1931 c 139 § 1, part; RRS § 6090-9,
part. (ii) 1931 c 139 § 4, part; RRS § 6090-12, part.]
36.62.130 Board of trustees—Additional trustees for
joint hospital. In case two or more counties establish a
hospital jointly, the thirteen members of the board of trustees
shall be chosen as provided from the county in which the
institution is located and each county legislative authority of
the other county or counties which contributed to the
establishment of the hospital shall appoint two additional
members of the board of trustees. The regular term of each
of the two additional members shall be four years and until
their successors are appointed and qualified. Such additional
members shall be residents of the respective counties from
which they are appointed and shall otherwise possess the
same qualifications as other trustees. The first term of office
of the persons first appointed as additional members shall be
fixed by the county legislative authority of the county in
which said hospital or institution is located, but shall not be
for more than four years. [1984 c 26 § 10; 1963 c 4 §
36.62.130. Prior: 1931 c 139 § 1, part; RRS § 6090-9,
part.]
36.62.140 Board of trustees—Qualifications of
trustees. No person shall be eligible for appointment as a
trustee who holds or has held during the period of two years
immediately prior to appointment any salaried office or position in any office, department, or branch of the government
which established or maintained the hospital. [1984 c 26 §
11; 1963 c 4 § 36.62.140. Prior: 1931 c 139 § 2; RRS §
6090-10.]
36.62.150 Board of trustees—Removal of trustee—
Procedure. The county legislative authority which appointed a member of the board of trustees may remove the
member for cause and in the manner provided in this
section. Notice shall be provided by the county appointing
authority to the trustee and the board of trustees generally.
[Title 36 RCW—page 138]
The notice shall set forth reasons which justify removal.
The trustee shall be provided opportunity for a hearing
before the county appointing authority: PROVIDED, That
three consecutive unexcused absences from regular meetings
of the board of trustees shall be deemed cause for removal
of a trustee without hearing. Any trustee removed for a
cause other than three consecutive unexcused absences may
appeal the removal within twenty days of the order of
removal by seeking a writ of review before the superior
court pursuant to chapter 7.16 RCW. Removal shall
disqualify the trustee from subsequent reappointment. [1984
c 26 § 12; 1963 c 4 § 36.62.150. Prior: 1933 c 174 § 1,
part; 1931 c 139 § 3, part; RRS § 6090-11, part.]
36.62.160 Board of trustees—Vacancies. Any
vacancy in the board of trustees shall be filled by appointment by the county legislative authority making the original
appointment, and such appointee shall hold office for the
remainder of the term of the trustee replaced. [1984 c 26 §
13; 1963 c 4 § 36.62.160. Prior: 1933 c 174 § 1, part; 1931
c 139 § 3, part; RRS § 6090-11, part.]
36.62.170 Board of trustees—Quorum. A majority
of the trustees shall constitute a quorum for the transaction
of business. [1984 c 26 § 14; 1963 c 4 § 36.62.170. Prior:
1931 c 139 § 4, part; RRS § 6090-12, part.]
36.62.180 Board of trustees—Powers and duties.
The board of trustees shall:
(1) Have general supervision and care of such hospitals
and institutions and the buildings and grounds thereof and
power to do everything necessary to the proper maintenance
and operation thereof within the limits of approved budgets
and the appropriations authorized;
(2) Elect from among its members a president and vice
president;
(3) Adopt bylaws and rules for its own guidance and for
the government of the hospital;
(4) Prepare annually a budget covering both hospital
operations and capital projects, in accordance with the
provisions of applicable law, and file such budgets with the
county treasurer or if the hospital has been established by
more than one county, with the county treasurer of each
county, and if a city has contributed to the establishment of
the hospital, with the official of the city charged by law with
the preparation of the city budget; and
(5) File with the legislative authority of each county and
city contributing to the establishment of such hospital, at a
time to be determined by the county legislative authority of
the county in which the hospital is located, a report covering
the proceedings of the board with reference to the hospital
during the preceding twelve months and an annual financial
report and statement. [1984 c 26 § 15; 1963 c 4 §
36.62.180. Prior: 1945 c 118 § 1, part; 1931 c 139 § 7,
part; Rem. Supp. 1945 § 6090-15, part.]
36.62.190 Board of trustees—Authority to accept
gifts and bequests. The board of trustees may accept
property by gift, devise, bequest, or otherwise for the use of
such institution, except that acceptance of any interest in real
property shall be by prior authorization by the county. [1984
(2002 Ed.)
Hospitals
c 26 § 16; 1963 c 4 § 36.62.190. Prior: (i) 1945 c 118 § 1,
part; 1931 c 139 § 7, part; Rem. Supp. 1945 § 6090-15, part.
(ii) 1931 c 139 § 8; RRS § 6090-16.]
36.62.200 Board of trustees—Trustees not compensated—Contract interest barred—Reimbursement for
travel expenses. No trustee shall receive any compensation
or emolument whatever for services as trustee; nor shall any
trustee have or acquire any personal interest in any lease or
contract whatsoever, made by the county or board of trustees
with respect to such hospital or institution: PROVIDED,
That each member of a board of trustees of a county hospital
may be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended: PROVIDED FURTHER, That, in addition,
trustees of a county hospital shall be reimbursed for travel
expenses for traveling from their home to a trustee meeting
at a rate provided for in RCW 43.03.060 as now existing or
hereafter amended. [1984 c 26 § 17; 1979 ex.s. c 17 § 1;
1963 c 4 § 36.62.200. Prior: 1931 c 139 § 5; RRS § 609013.]
36.62.210 Superintendent—Appointment—Salary.
The board of trustees shall appoint a superintendent who
shall be appointed for an indefinite time and be removable
at the will of the board of trustees. Appointments and
removals shall be by resolution, introduced at a regular
meeting and adopted at a subsequent regular meeting by a
majority vote. The superintendent shall receive such salary
as the board of trustees shall fix by resolution. [1984 c 26
§ 18; 1963 c 4 § 36.62.210. Prior: 1945 c 118 § 1, part;
1931 c 139 § 7, part; Rem. Supp. 1945 § 6090-15, part.]
36.62.230 Superintendent—Duties. The superintendent shall be the chief executive officer of the hospital or
institution and shall perform all administrative services
necessary to the efficient and economical conduct of the hospital or institution and the admission and proper care of
persons properly entitled to the services thereof as provided
by law or by the rules and regulations of the board of
trustees. [1984 c 26 § 19; 1963 c 4 § 36.62.230. Prior:
1931 c 139 § 9; RRS § 6090-17.]
36.62.252 County hospital fund—Established—
Purpose—Monthly report. Every county which maintains
a county hospital or infirmary shall establish a "county
hospital fund" into which fund shall be deposited all unrestricted moneys received from any source for hospital or
infirmary services including money received for services to
recipients of public assistance and other persons without
income and resources sufficient to secure such services. The
county may maintain other funds for restricted moneys.
Obligations incurred by the hospital shall be paid from such
funds by the county treasurer in the same manner as general
county obligations are paid. The county treasurer shall
furnish to the county legislative authority a monthly report
of receipts and disbursements in the county hospital funds
which report shall also show the balance of cash on hand.
[1984 c 26 § 20; 1971 ex.s. c 277 § 1; 1967 ex.s. c 36 § 3;
1963 c 4 § 36.62.252. Prior: 1961 c 144 § 1; 1951 c 256
§ 1.]
(2002 Ed.)
36.62.190
Effective date—1967 ex.s. c 36: See note following RCW 36.62.290.
36.62.270 Supplementary budget. In the event that
additional funds are needed for the operation of a county
hospital or infirmary, the county legislative authority shall
have authority to adopt a supplemental budget. Such
supplemental budget shall set forth the amount and sources
of funds and the items of expenditure involved. [1984 c 26
§ 21; 1971 ex.s. c 277 § 2; 1963 c 4 § 36.62.270. Prior:
1951 c 256 § 3.]
36.62.290 Contracts between board of regents of
state universities and hospital board of trustees for
medical services and teaching and research activities.
Whenever any county, or any county and city jointly, or two
or more counties jointly, establish a hospital under the
provisions of this chapter, the board of trustees of the
hospital is empowered, with the approval of the county
legislative authority, to enter into a contract with the board
of regents of a state university to provide hospital services,
including management under the direction of a hospital
administrator for the hospital, to provide for the rendering of
medical services in connection with the hospital and to
provide for the conduct of teaching and research activities by
the university in connection with the hospital. Any such
board of regents is empowered to enter into such a contract,
to provide such hospital services, and to provide for the
rendition of such medical services and for the carrying on of
teaching and research in connection with such a hospital. If
such a contract is entered into, the provisions of RCW
36.62.210 and 36.62.230 shall not be applicable during the
term of the contract and all of the powers, duties and functions vested in the superintendent in this chapter shall be
vested in the board of trustees. The board of trustees shall
provide for such conditions and controls in the contract as it
shall deem to be in the community interest. [1984 c 26 §
22; 1967 ex.s. c 36 § 1.]
Effective date—1967 ex.s. c 36: "This act shall take effect on July
1, 1967." [1967 ex.s. c 36 § 4.]
36.62.300 Work ordered and materials purchased.
All work ordered and materials purchased by a hospital shall
be subject to the requirements established in RCW 70.44.140
for public hospital districts. [1991 c 363 § 76.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Chapter 36.63
JAILS
Sections
36.63.255
Transfer of convicted felon to state institution pending appeal.
City and county jails act—Bond issue: Chapters 70.48 and 70.48A RCW.
Use of strip and body cavity searches in correctional facilities: RCW
10.79.060 through 10.79.110.
36.63.255 Transfer of convicted felon to state
institution pending appeal. Any person imprisoned in a
county jail pending the appeal of his conviction of a felony
and who has not obtained bail bond pending his appeal shall
[Title 36 RCW—page 139]
36.63.255
Title 36 RCW: Counties
be transferred after thirty days but within forty days from the
date judgment was entered against him to a state institution
for felons designated by the secretary of corrections:
PROVIDED, That when good cause is shown, a superior
court judge may order the prisoner detained in the county
jail beyond said forty days for an additional period not to
exceed ten days. [1981 c 136 § 60; 1969 ex.s. c 4 § 2; 1969
c 103 § 2.]
Effective date—1981 c 136: See RCW 72.09.900.
Chapter 36.64
JOINT GOVERNMENTAL ACTIVITIES
Sections
36.64.010
36.64.020
36.64.030
36.64.040
36.64.050
36.64.060
36.64.070
Joint courthouse and city hall.
Joint courthouse and city hall—Terms of contract.
Joint courthouse and city hall—Approval of contract.
Joint courthouse and city hall—Funds, how provided.
Joint armory sites.
Joint canal construction.
Counties with populations of two hundred ten thousand or
more—Contracts with cities concerning buildings and
related improvements.
36.64.080 Conferences to study regional and governmental problems—
Counties and cities may establish—Subjects—
Recommendations.
36.64.090 Conferences to study regional and governmental problems—
Articles—Officers—Agents and employees.
36.64.100 Conferences to study regional and governmental problems—
Contracts with other governmental agencies—Grants and
gifts—Consultants.
36.64.110 Conferences to study regional and governmental problems—
Public purpose—Contributions to support by municipal
corporations.
Care, support, and relief of needy persons: RCW 74.04.040.
Cemetery facilities as: RCW 68.52.192, 68.52.193.
Cities and towns
agreements with county for planning, establishing, construction, and
maintenance of streets: Chapter 35.77 RCW.
city may contribute to support of county in which city owned utility plant
located: RCW 35.21.420.
community renewal: RCW 35.21.660, 35.81.130.
Combined city-county health departments: Chapter 70.08 RCW.
County and city tuberculosis hospitals: Chapter 70.30 RCW.
County public works project, department of transportation cooperation:
RCW 47.08.070.
County roads: RCW 47.04.080.
County superintendent of schools, consolidation of office into joint county
district: Chapter 28A.310 RCW.
Diking and drainage, intercounty districts: Chapter 85.24 RCW.
Elevators, escalators, like conveyances, municipal governing over: RCW
70.87.050.
Executory conditional sales contracts for purchase of property for park and
library purposes: RCW 39.30.010.
Fire protection districts, county contracts with: RCW 52.12.031.
Flood control
by counties jointly: Chapter 86.13 RCW.
county participation with flood control district: RCW 86.24.040.
county participation with state and federal governments: Chapter 86.24
RCW.
districts (1937 act): Chapter 86.09 RCW.
maintenance, county participation with state: Chapter 86.26 RCW.
Franchises across joint bridges: RCW 47.56.256.
Health districts as: Chapter 70.46 RCW.
Highways, construction, benefit of, cooperative agreements, prevention or
minimization of flood damages: RCW 47.28.140.
Housing authorities, cooperation between: RCW 35.82.100.
[Title 36 RCW—page 140]
Housing cooperation law: Chapter 35.83 RCW.
Intercounty rural library districts: Chapter 27.12 RCW.
Intercounty weed districts: Chapter 17.06 RCW.
Intergovernmental disposition of property: RCW 39.33.010.
Interlocal cooperation act: Chapter 39.34 RCW.
Joint aid river and harbor improvements: RCW 88.32.230, 88.32.235.
Joint county teachers’ institutes: Chapter 28A.415 RCW.
Joint hospitals: RCW 36.62.030.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Joint planning for improvement of navigable stream: RCW 88.32.240,
88.32.250.
Limited access facilities, cooperative agreements: RCW 47.52.090.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Mosquito control
districts: Chapter 17.28 RCW.
generally: Chapter 70.22 RCW.
Motor vehicles, removal of when disabled and impounding: RCW
46.55.113.
Municipal airports: Chapters 14.07 and 14.08 RCW.
Operating agencies (electricity, water resources): Chapter 43.52 RCW.
Pesticide application, agreements authorized: RCW 17.21.300.
Port districts
contracts with: RCW 53.08.240.
ownership of improvements by with county: RCW 53.20.030.
Public assistance, joint county administration: RCW 74.04.180.
Public health pooling fund: RCW 70.12.030 through 70.12.070.
Reclamation districts of one million acres: Chapter 89.30 RCW.
Regional libraries: Chapter 27.12 RCW.
Regional planning commission: RCW 35.63.070.
River and harbor improvements by counties jointly: RCW 88.32.180
through 88.32.220.
Roads and bridges, limited access facilities: Chapter 47.52 RCW.
Soil and water conservation districts, county cooperation with: RCW
89.08.341.
Taxes, property
collection of: Chapter 84.56 RCW.
revaluation program: Chapter 84.41 RCW.
Toll bridges
state boundary, county participation: RCW 47.56.042.
tunnels and ferries: Chapter 47.56 RCW.
Traffic schools: Chapter 46.83 RCW.
Transfer of real property or contract for use for park and recreational
purposes: RCW 39.33.060.
Washington clean air act: Chapter 70.94 RCW.
World fair or exposition participation: Chapter 35.60 RCW.
36.64.010 Joint courthouse and city hall. If the
county seat of a county is in an incorporated city, the county
and city may contract, one with the other, for the joint
purchase, acquisition, leasing, ownership, control, and disposition of land and other property suitable as a site for a
county courthouse and city hall and for the joint construction, ownership, control, and disposition of a building or
buildings thereon for the use by such county and city as a
county courthouse and city hall. Any county or city owning
a site or any interest therein, or a site with buildings thereon,
may, upon such terms as appear fair and just to the board of
county commissioners of such county and to the legislative
body of such city, contract with reference to the joint
ownership, acquisition, leasing, control, improvement, and
occupation of such property. [1963 c 4 § 36.64.010. Prior:
1913 c 90 § 1; RRS § 3992.]
(2002 Ed.)
Joint Governmental Activities
36.64.020 Joint courthouse and city hall—Terms of
contract. A contract made in pursuance of RCW 36.64.010
shall fully set forth the amount of money to be contributed
by each towards acquisition of the site and the improvement
thereof and the manner in which such property shall be
improved and the character of the building or buildings to be
erected thereon. The contract may provide for the amount
of money to be contributed annually by each for the upkeep
and maintenance of the property and the building or buildings thereon, or it may provide for the relative proportion of
such expense which such county and city shall annually pay.
The contract shall specify the parts of such building or
buildings which shall be set apart for the exclusive use and
occupation of each. [1963 c 4 § 36.64.020. Prior: 1913 c
90 § 2; RRS § 3993.]
36.64.030 Joint courthouse and city hall—Approval
of contract. The contract between a county and a city shall
be made only after a proper resolution of the board of
county commissioners of the county and a proper ordinance
of the city have been passed specifically authorizing it. The
contract shall be binding upon the county and the city during
the term thereof, or until it is modified or abrogated by
mutual consent evidenced by a proper resolution and
ordinance of the county and city. [1963 c 4 § 36.64.030.
Prior: 1913 c 90 § 4; RRS § 3995.]
36.64.040 Joint courthouse and city hall—Funds,
how provided. The money to be contributed by a county or
a city or both may be raised by a sale of its bonds, or by
general taxation. Any county or city possessing funds or
having funds available for a county courthouse or city hall
from the sale of bonds or otherwise, may contract for the
expenditure of such funds. [1963 c 4 § 36.64.040. Prior:
1913 c 90 § 3; RRS § 3994.]
36.64.050 Joint armory sites. Any city or county in
the state may expend money from its current expense funds
in payment in whole or in part for an armory site whenever
the legislature has authorized the construction of an armory
within such city or county. [1963 c 4 § 36.64.050. Prior:
1913 c 91 § 1; RRS § 3996.]
36.64.060 Joint canal construction. Whenever the
county legislative authority of a county with a population of
one hundred twenty-five thousand or more deems it for the
interest of the county to construct or to aid the United States
in constructing a canal to connect any bodies of water within
the county, such county may construct such canal or aid the
United States in constructing it and incur indebtedness for
such purpose to an amount not exceeding five hundred
thousand dollars and issue its negotiable bonds therefor in
the manner and form provided in RCW 36.67.010. Such
construction or aid in construction is a county purpose.
[1991 c 363 § 77; 1985 c 7 § 105; 1983 c 3 § 78; 1963 c 4
§ 36.64.060. Prior: (i) 1907 c 158 § 1; RRS § 9664. (ii)
1907 c 158 § 2; RRS § 9665.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2002 Ed.)
36.64.020
36.64.070 Counties with populations of two hundred ten thousand or more—Contracts with cities
concerning buildings and related improvements. Any
county with a population of two hundred ten thousand or
more may contract with any city or cities within such county
for the financing, erection, ownership, use, lease, operation,
control or maintenance of any building or buildings, including open spaces, off-street parking facilities for the use of
county and city employees and persons doing business with
such county or city, plazas and other improvements incident
thereto, for county or city, or combined county-city, or other
public use. Property for such buildings and related improvements may be acquired by either such county or city or by
both by lease, purchase, donation, exchange, and/or gift or
by eminent domain in the manner provided by law for the
exercise of such power by counties and cities respectively
and any property acquired hereunder, together with the
improvements thereon, may be sold, exchanged or leased, as
the interests of said county, city or cities may from time to
time require. [1991 c 363 § 78; 1965 c 24 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.64.080 Conferences to study regional and
governmental problems—Counties and cities may
establish—Subjects—Recommendations. The boards of
county commissioners of any county and any counties
contiguous thereto and the governing body of any cities
and/or towns within said counties may establish and organize
a regional agency hereinafter referred to as a conference, for
the purpose of studying regional and governmental problems
of mutual interest and concern, including but not limited to,
facility studies on highways, transit, airports, ports or harbor
development, water supply and distribution, codes and
ordinances, governmental finances, flood control, air and
water pollution, recommendations of sites for schools and
educational institutions, hospitals and health facilities, parks
and recreation, public buildings, land use and drainage; and
to formulate recommendations for review and action by the
member counties and/or cities legislative body. [1965 ex.s.
c 84 § 1.]
Youth agencies, joint establishment: RCW 35.21.630.
36.64.090 Conferences to study regional and
governmental problems—Articles—Officers—Agents and
employees. The governing bodies of the counties and cities
so associated in a conference shall adopt articles of association and bylaws, select a chairman and such other officers as
they may determine, and may employ and discharge such
agents and employees as the officers deem convenient to
carry out the purposes of the conference. [1965 ex.s. c 84
§ 2.]
36.64.100 Conferences to study regional and
governmental problems—Contracts with other governmental agencies—Grants and gifts—Consultants. The
conference is authorized to contract generally and to enter
into any contract with the federal government, the state, any
municipal corporation and/or other governmental agency for
the purpose of conducting the study of regional problems of
mutual concern, and shall have the power to receive grants
[Title 36 RCW—page 141]
36.64.100
Title 36 RCW: Counties
and gifts in furtherance of the program. The conference may
retain consultants if deemed advisable. [1965 ex.s. c 84 §
3.]
36.64.110 Conferences to study regional and
governmental problems—Public purpose—Contributions
to support by municipal corporations. The formation of
the conference is hereby declared to be a public purpose, and
any municipal corporation may contribute to the expenses of
such conference pursuant to the budgetary laws of the
municipal corporations and such bylaws as may be adopted
by the conference: PROVIDED, That services and facilities
may be provided by a municipal corporation in lieu of
assessment. [1965 ex.s. c 84 § 4.]
Chapter 36.65
COMBINED CITY AND COUNTY
MUNICIPAL CORPORATIONS
Sections
36.65.010
36.65.020
36.65.030
36.65.040
36.65.050
36.65.060
Intent.
School districts to be retained as separate political subdivisions.
Tax on net income prohibited.
Method of allocating state revenues.
Fire protection or law enforcement units—Binding arbitration in collective bargaining.
Public employee retirement or disability benefits not affected.
36.65.010 Intent. It is the intent of the legislature in
enacting this chapter to provide for the implementation and
clarification of Article XI, section 16 of the state Constitution, which authorizes the formation of combined city and
county municipal corporations.
"City-county," as used in this chapter, means a combined city and county municipal corporation under Article
XI, section 16 of the state Constitution. [1984 c 91 § 1.]
36.65.020 School districts to be retained as separate
political subdivisions. Recognizing the paramount duty of
the state to provide for the common schools under Article
IX, sections 1 and 2 of the state Constitution, school districts
shall be retained as separate political subdivisions within the
city-county. [1984 c 91 § 2.]
36.65.030 Tax on net income prohibited. A county,
city, or city-county shall not levy a tax on net income.
[1984 c 91 § 3.]
36.65.040 Method of allocating state revenues. The
method of allocating state revenues shall not be modified for
a period of one year from the date the initial officers of the
city-county assume office. During the one-year period, state
revenue shares shall be calculated as if the preexisting
county, cities, and special purpose districts had continued as
separate entities. However, distributions of the revenue to
the consolidated entities shall be made to the city-county.
[1984 c 91 § 4.]
[Title 36 RCW—page 142]
36.65.050 Fire protection or law enforcement
units—Binding arbitration in collective bargaining. If the
city-county government includes a fire protection or law
enforcement unit that was, prior to the formation of the citycounty, governed by a state statute providing for binding
arbitration in collective bargaining, then the entire fire
protection or law enforcement unit of the city-county shall
be governed by that statute. [1984 c 91 § 5.]
36.65.060 Public employee retirement or disability
benefits not affected. The formation of a city-county shall
not have the effect of reducing, restricting, or limiting
retirement or disability benefits of any person employed by
or retired from a municipal corporation, or who had a vested
right in any state or local retirement system, prior to the
formation of the city-county. [1984 c 91 § 6.]
Chapter 36.67
LIMITATION OF INDEBTEDNESS—
COUNTY BONDS
Sections
36.67.010
36.67.060
36.67.070
Authority to contract indebtedness—Limitations.
Bond retirement.
Payment of interest.
REVENUE BONDS
36.67.500
36.67.510
36.67.520
36.67.530
36.67.540
"This chapter" means RCW 36.67.510 through 36.67.570.
Revenue bonds authorized.
When issued—Amounts—Purposes—Costs and expenses.
Form—Terms—Interest—Execution and signatures.
Special funds, creation and use—Use of tax revenue prohibited—Bonds are negotiable instruments—Statement on
face—Remedy for failure to set aside revenue.
36.67.550 Covenants—Law and resolutions constitute contract with
holders—Remedies.
36.67.560 Funding and refunding.
36.67.570 Liberal construction—Effect of other acts.
Airport purposes, bonds for: Chapter 14.08 RCW.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Bond elections, vote required: Chapter 39.40 RCW.
Bonds
as security for city depositary: RCW 35.38.040.
form, sale, terms of sale, payment, etc.: Chapter 39.44 RCW.
sale to federal government at private sale: Chapter 39.48 RCW.
Funding indebtedness in counties: Chapter 39.52 RCW.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Housing authority act, bonds issued under: Chapter 35.82 RCW.
Industrial development revenue bonds: Chapter 39.84 RCW.
Juvenile detention facilities, bonds for: Chapter 13.16 RCW.
Limitation of indebtedness of taxing districts (counties): Chapter 39.36
RCW.
Public obligations as insurance investment: RCW 48.13.040.
State funds, investment in county bonds authorized: RCW 43.84.080.
Validation of bonds and financing proceedings: Chapter 39.90 RCW.
36.67.010 Authority to contract indebtedness—
Limitations. A county may contract indebtedness for
general county purposes subject to the limitations on
indebtedness provided for in RCW 39.36.020(2). Bonds
evidencing such indebtedness shall be issued and sold in
accordance with chapter 39.46 RCW. [1984 c 186 § 27;
(2002 Ed.)
Limitation of Indebtedness—County Bonds
1971 c 76 § 1; 1970 ex.s. c 42 § 17; 1963 c 4 § 36.67.010.
Prior: 1890 p 37 § 1; RRS § 5575.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Validation requirement: RCW 39.40.010.
36.67.060 Bond retirement. Bonds issued under this
chapter shall be retired by an annual tax levy and by any
other moneys lawfully available and pledged therefor. [1984
c 186 § 28; 1983 c 167 § 77; 1975 1st ex.s. c 188 § 1; 1963
c 4 § 36.67.060. Prior: (i) 1890 p 39 § 6; RRS § 5580. (ii)
1890 p 39 § 7; RRS § 5581.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.67.070 Payment of interest. Any coupons for the
payment of interest on the bonds shall be considered for all
purposes as warrants drawn upon the current expense fund
of the county issuing bonds, and if when presented to the
treasurer of the county no funds are in the treasury to pay
them, the treasurer shall indorse the coupons as presented for
payment, in the same manner as county warrants are
indorsed, and thereafter they shall bear interest at the same
rate as county warrants presented and unpaid. If there are
no funds in the treasury to make payment on a bond not
having coupons, the interest payment shall continue bearing
interest at the bond rate until it is paid, unless otherwise
provided in the proceedings authorizing the sale of the
bonds. [1983 c 167 § 78; 1963 c 4 § 36.67.070. Prior:
1890 p 39 § 8; RRS § 5582.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
REVENUE BONDS
36.67.500 "This chapter" means RCW 36.67.510
through 36.67.570. As used in RCW 36.67.500 through
36.67.570 "this chapter" means RCW 36.67.510 through
36.67.570. [1965 c 142 § 8.]
36.67.510 Revenue bonds authorized. The county
legislative authority of any county is hereby authorized for
the purpose of carrying out the lawful powers granted to the
counties by the laws of the state to contract indebtedness and
to issue revenue bonds evidencing such indebtedness in
conformity with this chapter. Such bonds may be issued and
sold in accordance with chapter 39.46 RCW. [1983 c 167
§ 79; 1965 c 142 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.67.520 When issued—Amounts—Purposes—
Costs and expenses. All such revenue bonds authorized
under the terms of this chapter may be issued and sold by
the counties from time to time and in such amounts as is
deemed necessary by the legislative authority of each county
to provide sufficient funds for the carrying out of all county
powers, without limiting the generality thereof, including the
following: Acquisition; construction; reconstruction; maintenance; repair; additions; operations of parks and recreations;
(2002 Ed.)
36.67.010
flood control facilities; pollution facilities; parking facilities
as a part of a courthouse or combined county-city building
facility; and any other county purpose from which revenues
can be derived. Included in the costs thereof shall be any
necessary engineering, inspection, accounting, fiscal, and
legal expenses, the cost of issuance of bonds, including
printing, engraving, and advertising and other similar
expenses, payment of interest on such bonds during the construction of such facilities and a period no greater than one
year after such construction is completed, and the proceeds
of such bond issue are hereby made available for all such
purposes. Revenue bonds may also be issued to refund revenue bonds or general obligation bonds which are issued for
any of the purposes specified in this section. [1981 c 313 §
12; 1969 ex.s. c 8 § 2; 1965 c 142 § 2.]
Severability—1981 c 313: See note following RCW 36.94.020.
Parking facilities as part of courthouse or county-city building: RCW
36.01.080.
36.67.530 Form—Terms—Interest—Execution and
signatures. (1) When revenue bonds are issued for authorized purposes, said bonds shall be either registered as to
principal only or as to principal and interest as provided in
RCW 39.46.030, or shall be bearer bonds; shall be in such
denominations, shall be numbered, shall bear such date, shall
be payable at such time or times up to a maximum period of
not to exceed thirty years and payable at the office of the
county treasurer, and such other places as determined by the
county legislative authority of the county; shall bear interest
payable and evidenced to maturity on bonds not registered
as to interest by coupons attached to said bonds bearing a
coupon interest rate or rates as authorized by the county
legislative authority; shall be executed by the chairman of
the county legislative authority, and attested by the clerk of
the legislative authority, and the seal of such legislative
authority shall be affixed to each bond, but not to any
coupon; and may have facsimile signatures of the chairman
and the clerk imprinted on each bond and any interest
coupons in lieu of original signatures and the facsimile seal
imprinted on each bond.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 80; 1981 c 313 § 13; 1970 ex.s.
c 56 § 50; 1969 ex.s. c 232 § 27; 1965 c 142 § 3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 313: See note following RCW 36.94.020.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
36.67.540 Special funds, creation and use—Use of
tax revenue prohibited—Bonds are negotiable instruments—Statement on face—Remedy for failure to set
aside revenue. Bonds issued under the provisions of this
chapter shall be payable solely out of the operating revenues
of the county. Such bonds shall be authorized by resolution
adopted by the county legislative authority, which resolution
shall create a special fund or funds into which the county
legislative authority may obligate and bind the county to set
aside and pay any part or parts of, or all of, or a fixed
[Title 36 RCW—page 143]
36.67.540
Title 36 RCW: Counties
proportion of, or fixed amounts of gross revenue received by
the county from moneys for services or activities as stated in
the resolution, for the purpose of paying the principal of and
interest on such bonds as the same shall become due, and if
deemed necessary to maintain adequate reserves therefor.
Such fund or funds shall be drawn upon solely for the purpose of paying the principal and interest upon the bonds
issued pursuant to this chapter.
The bonds shall be negotiable instruments within the
provision and intent of the negotiable instruments law of this
state, even though they shall be payable solely from such
special fund or funds, and the tax revenue of the county may
not be used to pay, secure, or guarantee the payment of the
principal of and interest on such bonds. The bonds and any
coupons attached thereto shall state upon their face that they
are payable solely from such special fund or funds. If the
county fails to set aside and pay into such fund or funds, the
payments provided for in such resolution, the owner of any
such bonds may bring suit to compel compliance with the
provisions of the resolution. [1983 c 167 § 81; 1965 c 142
§ 4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.67.550 Covenants—Law and resolutions constitute contract with holders—Remedies. The board of
county commissioners may provide covenants as it may
deem necessary to secure the payment of the principal of and
interest on such bonds and may, but shall not be required to,
include covenants to create a reserve fund or account and to
authorize the payment or deposit of certain moneys therein
for the purpose of securing the payment of such principal
and interest; to establish, maintain, and collect rates, charges,
fees, rentals, and the like on the facilities and service the
income of which is pledged for the payment of such bonds,
sufficient to pay or secure the payment of such principal and
interest and to maintain an adequate coverage over annual
debt service; and to make any and all other covenants not
inconsistent with the provisions of this chapter which will
increase the marketability of such bonds. The board may
also provide that revenue bonds payable out of the same
source or sources may later be sold on a parity with any
revenue bonds being issued and sold. The provisions of this
chapter and any resolution or resolutions providing for the
authorization, issuance, and sale of such bonds shall constitute a contract with the holder of such bonds, and the
provisions thereof shall be enforceable by any owner or
holder of such bonds by mandamus or any appropriate suit,
action or proceeding at law or in equity in any court of
competent jurisdiction. [1965 c 142 § 5.]
36.67.560 Funding and refunding. (1) The county
legislative authority of any county may by resolution, from
time to time, provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue
bonds and any interest and premiums due thereon at or
before the maturity of such bonds, and parts or all of various
series and issues of outstanding revenue bonds in the amount
thereof to be funded or refunded. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
[Title 36 RCW—page 144]
The county legislative authority shall create a special
fund for the sole purpose of paying the principal of and
interest on such funding or refunding revenue bonds, into
which fund the legislative authority shall obligate and bind
the county to set aside and pay any part or parts of, or all of,
or a fixed proportion of, or a fixed amount of the revenue of
the facility of the county sufficient to pay such principal and
interest as the same shall become due, and if deemed
necessary to maintain adequate reserves therefor.
Such funding or refunding bonds shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state, and the tax revenue of the
county may not be used to pay, secure, or guarantee the
payment of the principal of and interest on such bonds.
The county may exchange such funding or refunding
bonds for the bonds, and any coupons being funded or
refunded, or it may sell such funding or refunding bonds in
the manner, at such price and at such rate or rates of interest
as the legislative authority shall deem to be for the best
interest of the county and its inhabitants, either at public or
private sale.
The provisions of this chapter relating to the terms,
conditions, covenants, issuance, and sale of revenue bonds
shall be applicable to such funding or refunding bonds
except as may be otherwise specifically provided in this
section.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 82; 1970 ex.s. c 56 § 51; 1969
ex.s. c 232 § 28; 1965 c 142 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
36.67.570 Liberal construction—Effect of other
acts. This chapter shall be complete authority for the
issuance of the revenue bonds hereby authorized, and shall
be liberally construed to accomplish its purposes. Any
restrictions, limitations or regulations relative to the issuance
of such revenue bonds contained in any other act shall not
apply to the bonds issued under this chapter. Any act
inconsistent herewith shall be deemed modified to conform
with the provisions of this chapter for the purpose of this
chapter only. [1965 c 142 § 7.]
Chapter 36.68
PARKS AND RECREATIONAL FACILITIES
Sections
36.68.010
36.68.020
36.68.030
36.68.040
36.68.050
36.68.060
36.68.070
36.68.080
36.68.090
Counties may establish park and playground systems—
Disposition of surplus park property.
Programs of public recreation.
Park and recreation board—Composition.
Park and recreation board—Terms of members.
Park and recreation board—Removal of members—
Vacancies.
Park and recreation board—Powers and duties.
Park and recreation fund.
Penalty for violations of regulations.
Counties authorized to build, improve, operate and maintain,
etc., parks, playgrounds, gymnasiums, swimming pools,
(2002 Ed.)
Parks and Recreational Facilities
36.68.100
36.68.110
beaches, stadiums, golf courses, etc., and other recreational facilities—Regulation—Charges for use.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
Counties authorized to permit public libraries on land used
for park and recreation purposes.
PARK AND RECREATION SERVICE AREAS
36.68.400
36.68.410
36.68.420
36.68.430
36.68.440
36.68.450
Creation authorized—Purposes—Taxing districts—Powers.
May be initiated by resolution or petition.
Resolution or petition—Contents.
Petitions—Verification of signatures.
Feasibility and cost studies—Public hearing—Notice.
Hearing procedure—Inclusion of property—Examination of
reports—Recess.
36.68.460 Findings of county commissioners—Dismissal of proceedings, limitation on subsequent initiation.
36.68.470 Resolution ordering election—Election procedure—
Formation.
36.68.480 Property tax levies or bond retirement levies—Election.
36.68.490 Annual excess levy or bond retirement levies—Election
procedure—Vote required.
36.68.500 Resolution declaring formation—Treasurer—Disbursement
procedure.
36.68.510 Local service area fund.
36.68.520 Annual excess property tax levy—General obligation bonds.
36.68.525 Six-year regular property tax levies—Limitations—Election.
36.68.527 Community revitalization financing—Public improvements.
36.68.530 Budgets—Appropriations—Accumulation of reserves.
36.68.541 Employees.
36.68.550 Use and admission fees and charges.
36.68.555 Eminent domain.
36.68.560 Concessions.
36.68.570 Use of funds—Purchases.
36.68.580 Ownership of parks and facilities—Expenditure of funds
budgeted for park purposes.
36.68.590 Purpose—Level of services—General park programs.
36.68.600 Use of park and recreation service area funds in exercise of
powers enumerated in chapter 67.20 RCW.
36.68.610 Area which may be included—Inclusion of area within city
or town—Procedure.
36.68.620 Enlargement by inclusion of additional area—Procedure.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by counties: RCW 64.04.130.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Executory conditional sales contracts for purchase of property for park and
library purposes: RCW 39.30.010.
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parks, bathing beaches, public camps, county may acquire and operate:
Chapter 67.20 RCW.
RCW 39.33.060 to govern on sales by water-sewer district for park and
recreational purposes: RCW 57.08.140.
State parks and recreation commission: Chapter 79A.05 RCW.
Transfer of real property or contract for use for park and recreational
purposes: RCW 39.33.060.
36.68.010 Counties may establish park and playground systems—Disposition of surplus park property.
Counties may establish park and playground systems for
public recreational purposes and for such purposes shall have
the power to acquire lands, buildings and other facilities by
gift, purchase, lease, devise, bequest and condemnation. A
county may lease or sell any park property, buildings or
facilities surplus to its needs, or no longer suitable for park
purposes: PROVIDED, That such park property shall be
subject to the requirements and provisions of notice, hearing,
bid or intergovernmental transfer as provided in chapter
36.34 RCW: PROVIDED FURTHER, That nothing in this
(2002 Ed.)
Chapter 36.68
section shall be construed as authorizing any county to sell
any property which such county acquired by condemnation
for park or playground or other public recreational purposes
on or after January 1, 1960, until held for five years or more
after such acquisition: PROVIDED FURTHER, That funds
acquired from the lease or sale of any park property,
buildings or facilities shall be placed in the park and
recreation fund to be used for capital purposes. [1963 c 4 §
36.68.010. Prior: 1961 c 92 § 1; 1949 c 94 § 1; Rem.
Supp. 1949 § 3991-14.]
36.68.020 Programs of public recreation. Counties
may conduct programs of public recreation, and in any such
program property or facilities owned by any individual,
group or organization, whether public or private, may be
utilized by consent of the owner. [1963 c 4 § 36.68.020.
Prior: 1949 c 94 § 2; Rem. Supp. 1949 § 3991-15.]
36.68.030 Park and recreation board—Composition.
Each county may form a county park and recreation board
composed of seven members, who shall be appointed by the
board of county commissioners to serve without compensation. [1969 ex.s. c 176 § 93; 1963 c 4 § 36.68.030. Prior:
1949 c 94 § 3; Rem. Supp. 1949 § 3991-16.]
36.68.040 Park and recreation board—Terms of
members. For the appointive positions on the county park
and recreation board the initial terms shall be two years for
two positions, four years for two positions, and six years for
the remaining positions plus the period in each instance to
the next following June 30th; thereafter the term for each
appointive position shall be six years and shall end on June
30th. [1969 ex.s. c 176 § 94; 1963 c 4 § 36.68.040. Prior:
1949 c 94 § 4; Rem. Supp. 1949 § 3991-17.]
36.68.050 Park and recreation board—Removal of
members—Vacancies. Any appointed county park and
recreation board member may be removed by a majority vote
of the board of county commissioners either for cause or
upon the joint written recommendation of five members of
the county park and recreation board. Vacancies on the
county park and recreation board shall be filled by appointment, made by the board of county commissioners for the
unexpired portions of the terms vacated. [1963 c 4 §
36.68.050. Prior: 1949 c 94 § 5; Rem. Supp. 1949 § 399118.]
36.68.060 Park and recreation board—Powers and
duties. The county park and recreation board:
(1) Shall elect its officers, including a chairman, vice
chairman and secretary, and such other officers as it may
determine it requires.
(2) Shall hold regular public meetings at least monthly.
(3) Shall adopt rules for transaction of business and
shall keep a written record of its meetings, resolutions,
transactions, findings and determinations, which record shall
be a public record.
(4) Shall initiate, direct, and administer county recreational activities, and shall select and employ a county park
and recreation superintendent and such other properly
qualified employees as it may deem desirable.
[Title 36 RCW—page 145]
36.68.060
Title 36 RCW: Counties
(5) Shall improve, operate, and maintain parks, playgrounds, and other recreational facilities, together with all
structures and equipment useful in connection therewith, and
may recommend to the board of county commissioners acquisition of real property.
(6) Shall promulgate and enforce reasonable rules and
regulations deemed necessary in the operation of parks,
playgrounds, and other recreational facilities, and may
recommend to the board of county commissioners adoption
of any rules or regulations requiring enforcement by legal
process which relate to parks, playgrounds, or other recreational facilities.
(7) Shall each year submit to the board of county
commissioners for approval a proposed budget for the
following year in the manner provided by law for the
preparation and submission of budgets by elective or
appointive county officials.
(8) May, subject to the approval of the board of county
commissioners, enter into contracts with any other municipal
corporation, governmental or private agency for the conduct
of park and recreational programs. [1963 c 4 § 36.68.060.
Prior: 1949 c 94 § 6; Rem. Supp. 1949 § 3991-19.]
36.68.070 Park and recreation fund. In counties in
which county park and recreation boards are formed, a
county park and recreation fund shall be established. Into
this fund shall be placed the allocation as the board of
county commissioners annually appropriates thereto, together
with miscellaneous revenues derived from the operation of
parks, playgrounds, and other recreational facilities, as well
as grants, gifts, and bequests for park or recreational purposes. All expenditures shall be disbursed from this fund by the
county park and recreation board, and all balances remaining
in this fund at the end of any year shall be carried over in
such fund to the succeeding year. [1963 c 4 § 36.68.070.
Prior: 1949 c 94 § 7; Rem. Supp. 1949 § 3991-20.]
36.68.080 Penalty for violations of regulations. Any
person violating any rules or regulations adopted by the
board of county commissioners relating to parks, playgrounds, or other recreational facilities shall be guilty of a
misdemeanor: PROVIDED, That violation of a rule or
regulation relating to traffic including parking, standing,
stopping, and pedestrian offenses is a traffic infraction,
except that violation of a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [1979 ex.s. c 136 § 36;
1963 c 4 § 36.68.080. Prior: 1949 c 94 § 8; Rem. Supp.
1949 § 3991-21.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
36.68.090 Counties authorized to build, improve,
operate and maintain, etc., parks, playgrounds, gymnasiums, swimming pools, beaches, stadiums, golf courses,
etc., and other recreational facilities—Regulation—
Charges for use. Any county, acting through its board of
county commissioners, is empowered to build, construct,
care for, control, supervise, improve, operate and maintain
parks, playgrounds, gymnasiums, swimming pools, field
houses, bathing beaches, stadiums, golf courses, automobile
[Title 36 RCW—page 146]
race tracks and drag strips, coliseums for the display of
spectator sports, public campgrounds, boat ramps and
launching sites, public hunting and fishing areas, arboretums,
bicycle and bridle paths, and other recreational facilities, and
to that end may make, promulgate and enforce such rules
and regulations regarding the use thereof, and make such
charges for the use thereof, as may be deemed by said board
to be reasonable. [1967 ex.s. c 144 § 11.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Authority to establish park and playground systems: RCW 36.68.010.
Stadiums, powers of cities and counties to acquire and operate: Chapter
67.28 RCW.
36.68.100 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
36.68.110 Counties authorized to permit public
libraries on land used for park and recreation purposes.
A county, acting through its county legislative authority, is
authorized to permit the location of public libraries on land
owned by the county that is used for park and recreation
purposes, unless a covenant or other binding restriction
precludes such uses. [1993 c 84 § 1.]
PARK AND RECREATION SERVICE AREAS
36.68.400 Creation authorized—Purposes—Taxing
districts—Powers. Any county shall have the power to
create park and recreation service areas for the purpose of
financing, acquiring, constructing, improving, maintaining, or
operating any park, senior citizen activities centers, zoos,
aquariums, and recreational facilities as defined in RCW
36.69.010 which shall be owned or leased by the county and
administered as other county parks or shall be owned or
leased and administered by a city or town or shall be owned
or leased and administered by the park and recreation service
area. A park and recreation service area may purchase
athletic equipment and supplies, and provide for the upkeep
of park buildings, grounds and facilities, and provide
custodial, recreational and park program personnel at any
park or recreational facility owned or leased by the service
area or a county, city, or town. A park and recreation
service area shall be a quasi-municipal corporation, an
independent taxing "authority" within the meaning of section
1, Article 7 of the Constitution, and a "taxing district" within
the meaning of section 2, Article 7 of the Constitution.
A park and recreation service area shall constitute a
body corporate and shall possess all the usual powers of a
corporation for public purposes including, but not limited to,
the authority to hire employees, staff, and services, to enter
into contracts, to accept and expend or use gifts, grants, and
donations, and to sue and be sued as well as all other powers
that may now or hereafter be specifically conferred by
statute.
The members of the county legislative authority, acting
ex officio and independently, shall compose the governing
body of any park and recreation service area which is
created within the county: PROVIDED, That where a park
and recreation service area includes an incorporated city or
(2002 Ed.)
Parks and Recreational Facilities
town within the county, the park and recreation service area
may be governed as provided in an interlocal agreement
adopted pursuant to chapter 39.34 RCW. The voters of a
park and recreation service area shall be all registered voters
residing within the service area.
A multicounty park and recreation service area shall be
governed as provided in an interlocal agreement adopted
pursuant to chapter 39.34 RCW. [1988 c 82 § 1; 1985 c 253
§ 1; 1981 c 210 § 1; 1965 ex.s. c 76 § 1; 1963 c 218 § 1.]
Severability—1981 c 210: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 210 § 21.]
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
May acquire property for park, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes: RCW 36.34.340.
Parks, county commissioners may designate name of: RCW 36.32.430.
36.68.410 May be initiated by resolution or petition.
Park and recreation service areas may be initiated in any
unincorporated area of any county by resolution adopted by
the county legislative authority or by a petition signed by ten
percent of the registered voters within the proposed park and
recreation service area. Incorporated areas may be included
under RCW 36.68.610 and 36.68.620. [1981 c 210 § 2;
1965 ex.s. c 76 § 2; 1963 c 218 § 2.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.420 Resolution or petition—Contents. Any
resolution or petition initiating a proposed park and recreation service area shall set forth the boundaries of the service
area with certainty, describe the purpose or purposes for
which the service area is to be formed, and contain an
estimate of the initial cost of any capital improvements or
services to be authorized in the service area.
"Initial costs" as used herein shall include the estimated
cost during the first year of operation of:
(1) Land to be acquired or leased for neighborhood park
purposes by the service area to establish a park or park
facility specified in the resolution or petition;
(2) Capital improvements specified in the objectives or
purposes of the service area;
(3) Forming the service area; and
(4) Personnel, maintenance or operation of any park
facility within the service area as specified by the resolution
or petition. [1981 c 210 § 3; 1963 c 218 § 3.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.430 Petitions—Verification of signatures.
Petitions shall be submitted to the county auditor who shall
verify the signatures thereon to determine that the petition
has been signed by the requisite number of persons who are
registered voters within the proposed service area. If the
petition is found not to have the requisite number of signatures, it shall be returned to the petitioners. If the petition is
found to be sufficient, the auditor shall so certify and
transmit the same to the board of county commissioners.
[1963 c 218 § 4.]
(2002 Ed.)
36.68.400
36.68.440 Feasibility and cost studies—Public
hearing—Notice. Upon accepting a petition to form a park
and recreation service area, or upon passage of a resolution
to establish such a service area, the county legislative
authority shall order a full investigation for the purpose or
purposes of the proposed service area to determine the feasibility of forming the same and to determine the estimated
initial costs involved in obtaining the objectives set forth in
the petition or resolution. The reports on the feasibility and
the cost of the proposed service area shall be made available
to the county legislative authority, and copies of such reports
shall be filed with the clerk of the county legislative authority not more than eighty days after the county legislative
authority first directs that the studies and reports be undertaken. The county legislative authority shall also provide by
resolution that within twenty days after receiving the reports
a public hearing shall be held at the county seat or at some
convenient location within the proposed service area. At
least five days before the hearing, the county legislative
authority shall give notice of the hearing not less than twice
in a legal newspaper of general circulation in the county.
The notice shall describe the boundaries of the proposed
service area, the purpose or purposes of the proposed service
area, the estimated initial costs, indicate that the reports and
other materials prepared at the order of the county legislative
authority are available in the office of the clerk of the county
legislative authority for the study and review of any interested party, and set the time, date and place of the hearing.
[1981 c 210 § 4; 1963 c 218 § 5.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.450 Hearing procedure—Inclusion of property—Examination of reports—Recess. At the hearing, the
county legislative authority shall first provide for an explanation of the objectives of the proposed park and recreation
service area and the estimated initial costs thereof. The
county legislative authority shall permit any resident or
property owner of the proposed service area to appear and be
heard, and may permit property owners in contiguous areas
to include their property within the proposed service area in
the event that they make their request for inclusion in
writing. The county legislative authority shall examine all
reports on the feasibility of the proposed service area and its
initial costs and may, if they deem it necessary, recess the
hearing for not more than twenty days to obtain any additional information necessary to arrive at the findings provided for in RCW 36.68.420. [1981 c 210 § 5; 1963 c 218 §
6.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.460 Findings of county commissioners—
Dismissal of proceedings, limitation on subsequent
initiation. At the conclusion of a hearing, the board of
county commissioners shall make the following findings:
(1) Whether or not the service area’s objectives fit
within the general framework of the county’s comprehensive
park plan and general park policies.
(2) The exact boundaries of the service area: The board
shall be empowered to modify the boundaries as originally
defined in the petition or resolution initiating the proposed
service area: PROVIDED, That the boundaries of the
[Title 36 RCW—page 147]
36.68.460
Title 36 RCW: Counties
service area may not be enlarged unless the property owners
within the area to be added consent to their inclusion in
writing; or unless the board gives the property owners of the
area to be added, written notice, mailed to their regular
permanent residences as shown on the latest records of the
county auditor, five days prior to a regular or continued
hearing upon the formation of the proposed service area.
(3) A full definition or explanation of the nature of
improvements or services to be financed by the proposed
service area.
(4) Whether or not the objectives of the service area are
feasible.
(5) The number or name of the service area.
If satisfactory findings cannot be made by the board, the
petition or resolution shall be dismissed, and no petition or
resolution embracing the same area may be accepted or
heard for at least two years. [1963 c 218 § 7.]
36.68.470 Resolution ordering election—Election
procedure—Formation. (1) Upon making findings under
the provisions of RCW 36.68.460, the county legislative
authority shall, by resolution, order an election of the voters
of the proposed park and recreation service area to determine
if the service area shall be formed. The county legislative
authority shall in their resolution direct the county auditor to
set the election to be held at the next general election or at
a special election held for such purpose; describe the
purposes of the proposed service area; set forth the estimated
cost of any initial improvements or services to be financed
by the service area should it be formed; describe the method
of financing the initial improvements or services described
in the resolution or petition; and order that notice of election
be published in a newspaper of general circulation in the
county at least twice prior to the election date.
(2) A proposition to form a park and recreation service
area shall be submitted to the voters of the proposed service
area. Upon approval by a majority of the voters voting on
the proposition, a park and recreation service area shall be
established. The proposition submitted to the voters by the
county auditor on the ballot shall be in substantially the
following form:
FORMATION OF PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established
for the area described in a resolution of the legislative
authority of . . . . . . county, adopted on the . . . . day of
. . . . . . 19. . ., to provide financing for neighborhood park
facilities, improvements, and services?
Yes . . . . . . No . . . . . .
[1981 c 210 § 6; 1963 c 218 § 8.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.480 Property tax levies or bond retirement
levies—Election. If the petition or resolution initiating the
formation of the proposed park and recreation service area
proposes that the initial capital or operational costs are to be
financed by regular property tax levies for a six-year period
as authorized by RCW 36.68.525, or an annual excess levy,
or that proposed capital costs are to be financed by the
issuance of general obligation bonds and bond retirement
[Title 36 RCW—page 148]
levies, a proposition or propositions for such purpose or
purposes shall be submitted to the voters of the proposed
service area at the same election. A proposition or propositions for regular property tax levies for a six-year period as
authorized by RCW 36.68.525, an annual excess levy, or the
issuance of general obligation bonds and bond retirement
levies, may also be submitted to the voters at any general or
special election. [1984 c 131 § 7; 1981 c 210 § 7; 1973 1st
ex.s. c 195 § 38; 1963 c 218 § 9.]
Purpose—1984 c 131 §§ 3-9: See note following RCW 29.30.111.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.68.490 Annual excess levy or bond retirement
levies—Election procedure—Vote required. In order for
the annual excess tax levy proposition or bond retirement
levies proposition to be approved, voters exceeding in
number at least sixty percent of the number of voters who
cast ballots for the office of county legislative authority
within the park and recreation area, or within the proposed
service area, in the last preceding general election for that
office must cast ballots on the tax levy proposition, and of
all the votes cast at the election at least sixty percent of said
votes must approve the annual excess tax levy or the bond
retirement levies. [1981 c 210 § 8; 1963 c 218 § 10.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.500 Resolution declaring formation—
Treasurer—Disbursement procedure. If the formation of
the service area is approved by the voters, the county
legislative authority shall by resolution declare the service
area to be formed and direct the county treasurer to be the
treasurer of the service area. Expenditures of the service
area shall be made upon warrants drawn by the county auditor pursuant to vouchers approved by the governing body of
the service area. [1981 c 210 § 9; 1963 c 218 § 11.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.510 Local service area fund. If the service
area is formed, there shall be created in the office of the
county treasurer a local service area fund with such accounts
as the treasurer may find convenient, or as the state auditor
may direct, into which shall be deposited all revenues
received by the service area from tax levy, from gifts or
donations, and from service or admission charges. Such
fund shall be designated "(name of county) service area No.
. . . . fund." Or "(name of district) service area fund."
Special accounts shall be established within the fund for the
deposit of the proceeds of each bond issue made for the
construction of a specified project or improvement, and there
shall also be established special accounts, within the fund for
the deposit of revenues raised by special levy or derived
from other specific revenues, to be used exclusively for the
retirement of an outstanding bond issue or for paying the
interest or service charges on any bond issue. [1963 c 218
§ 12.]
36.68.520 Annual excess property tax levy—General
obligation bonds. (1) A park and recreation service area
shall have the power to levy annual excess levies upon the
(2002 Ed.)
Parks and Recreational Facilities
property included within the service area if authorized at a
special election called for the purpose in the manner prescribed by section 2, Article VII of the Constitution and by
RCW 84.52.052 for operating funds, capital outlay funds,
and cumulative reserve funds.
(2) A park and recreation service area may issue general
obligation bonds for capital purposes only, not to exceed an
amount, together with any outstanding nonvoter approved
general obligation indebtedness, equal to three-eighths of one
percent of the value of the taxable property within the
service area. Additionally, a park and recreation service area
may issue general obligation bonds, together with any
outstanding voter approved and nonvoter approved general
indebtedness, equal to two and one-half percent of the value
of the taxable property within the service area, as the term
"value of the taxable property" is defined in RCW 39.36.015,
when such bonds are approved by the voters of the service
area at a special election called for the purpose in accordance with the provisions of Article VIII, section 6 of the
Constitution. Such bonds shall be issued and sold in
accordance with chapter 39.46 RCW.
Bonds may be retired by excess property tax levies
when such levies are approved by the voters at a special
election in accordance with the provisions of Article VII,
section 2 of the Constitution and RCW 84.52.056.
Any elections shall be held as provided in RCW
39.36.050. [1994 c 156 § 4. Prior: 1984 c 186 § 29; 1984
c 131 § 8; (1983 c 167 § 271 repealed by 1984 c 186 § 70;
and repealed by 1984 c 131 § 10); 1983 c 167 § 83; 1981 c
210 § 10; 1973 1st ex.s. c 195 § 39; 1970 ex.s. c 42 § 19;
1963 c 218 § 13.]
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29.30.111.
Effective dates—1983 c 167: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately, except sections 271 and 272 shall take effect July 1,
1985." [1983 c 167 § 274.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
36.68.525 Six-year regular property tax levies—
Limitations—Election. A park and recreation service area
may impose regular property tax levies in an amount equal
to sixty cents or less per thousand dollars of assessed value
of property in the service area in each year for six consecutive years when specifically authorized so to do by a
majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted not
more than twelve months prior to the date on which the
proposed initial levy is to be made and not oftener than
twice in such twelve month period, either at a special
election or at the regular election of the service area, at
which election the number of voters voting "yes" on the
proposition shall constitute three-fifths of a number equal to
forty percent of the number of voters voting in the service
(2002 Ed.)
36.68.520
area at the last preceding general election when the number
of voters voting on the proposition does not exceed forty
percent of the number of voters voting in such taxing district
in the last preceding general election; or by a majority of at
least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition
exceeds forty per centum of the number of voters voting in
such taxing district in the last preceding general election. A
proposition authorizing such tax levies shall not be submitted
by a park and recreation service area more than twice in any
twelve-month period. Ballot propositions shall conform with
RCW 29.30.111. If a park and recreation service area is
levying property taxes, which in combination with property
taxes levied by other taxing districts result in taxes in excess
of the nine-dollar and fifteen cents per thousand dollars of
assessed valuation limitation provided for in RCW
84.52.043, the park and recreation service area property tax
levy shall be reduced or eliminated before the property tax
levies of other taxing districts are reduced. [1994 c 156 § 5;
1984 c 131 § 9.]
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29.30.111.
36.68.527 Community revitalization financing—
Public improvements. In addition to other authority that a
park and recreation service area possesses, a park and
recreation service area may provide any public improvement
as defined under RCW 39.89.020, but this additional
authority is limited to participating in the financing of the
public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a park and
recreation service area to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 14.]
Severability—2001 c 212: See RCW 39.89.902.
36.68.530 Budgets—Appropriations—Accumulation
of reserves. The governing body of each park and recreation service area shall annually compile a budget for each
service area in a form prescribed by the state auditor for the
ensuing calendar year which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the service area. The budget may include an
amount to accumulate a reserve for a stated capital purpose.
In compiling the budget, all available funds and anticipated
income shall be taken into consideration, including contributions or contractual payments from school districts, cities, or
towns, county or any other governmental entity, gifts and
donations, special tax levy, fees and charges, proceeds of
bond issues, and cumulative reserve funds. [1995 c 301 §
67; 1981 c 210 § 11; 1963 c 218 § 14.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.541 Employees. Park and recreation service
areas may hire employees and may fund all or a portion of
the salaries and benefits of county park employees who
perform work on county park and recreation facilities within
the service area and may fund all or a portion of the salaries
and benefits of city or town park employees who perform
work on city or town park and recreation facilities within the
service area. [1988 c 82 § 2; 1981 c 210 § 12.]
[Title 36 RCW—page 149]
36.68.541
Title 36 RCW: Counties
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.550 Use and admission fees and charges. A
park and recreation service area may impose and collect use
fees or other direct charges on facilities financed, acquired,
and operated by the park and recreation service area. The
county legislative authority may allow admission fees or
other direct charges which are paid by persons using county
park facilities located within a park and recreation service
area to be transferred to a park and recreation service area.
Such direct charges to users may be made for the use of or
admission to swimming pools, field houses, tennis and
handball courts, bathhouses, swimming beaches, boat
launching, storage or moorage facilities, ski lifts, picnic areas
and other similar recreation facilities, and for parking lots
used in conjunction with such facilities. All funds collected
under the provisions of this section shall be deposited to the
fund of the service area established in the office of the
county treasurer, to be disbursed under the service area
budget as approved by the governing body of the park and
recreation service area. [1988 c 82 § 3; 1981 c 210 § 13;
1963 c 218 § 16.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.555 Eminent domain. A park and recreation
service area may exercise the power of eminent domain to
obtain property for its authorized purposes in a manner
consistent with the power of eminent domain of the county
in which the park and recreation service area is located.
[1988 c 82 § 8.]
36.68.560 Concessions. The county legislative
authority may transfer the proceeds from concessions for
food and other services accruing to the county from park or
park facilities which are located in a park and recreation
service area to the fund of the service area in the office of
the county treasurer to be disbursed under the service area
budget. [1981 c 210 § 14; 1963 c 218 § 17.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.570 Use of funds—Purchases. A park and
recreation service area may reimburse the county for any
charge incurred by the county current expense fund which is
properly an expense of the service area, including reasonable
administrative costs incurred by the offices of county
treasurer and the county auditor in providing accounting,
clerical or other services for the benefit of the service area.
The county legislative authority may, where a county purchasing department has been established, provide for the
purchase of all supplies and equipment for a park and
recreation service area through the department. The park
and recreation service area may contract with the county to
administer purchasing. [1988 c 82 § 4; 1981 c 210 § 15;
1963 c 218 § 18.]
the county and/or the city or town in which the park or facility is located. The county may make expenditures from its
current expense funds budgeted for park purposes for the
maintenance, operation or capital improvement of any county
park or park facility acquired, improved, or otherwise
financed in whole or in part by park and recreation service
area funds. Similarly, a city or town may make expenditures
for any city or town park or park facility acquired, improved,
or otherwise financed in whole or in part by park and
recreation service area funds. [1988 c 82 § 5; 1981 c 210 §
16; 1963 c 218 § 19.]
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.590 Purpose—Level of services—General
park programs. The purpose of RCW 36.68.400 et seq.
shall be to provide a higher level of park services and shall
not in any way diminish the right of a county to provide a
general park program financed from current expense funds.
[1963 c 218 § 20.]
36.68.600 Use of park and recreation service area
funds in exercise of powers enumerated in chapter 67.20
RCW. A park and recreation service area may exercise any
of the powers enumerated in chapter 67.20 RCW with
respect to any park and recreation facility financed in whole
or part from park and recreation service area funds. [1988
c 82 § 6; 1981 c 210 § 17; 1963 c 218 § 21.]
Severability—1981 c 210: See note following RCW 36.68.400.
Parks, bathing beaches, public camps: Chapter 67.20 RCW.
36.68.610 Area which may be included—Inclusion
of area within city or town—Procedure. A park and
recreation service area may include any unincorporated area
in the state, and when any part of the proposed district lies
within the corporate limits of any city or town said resolution or petition shall be accompanied by a certified copy of
a resolution of the governing body of said city or town,
approving inclusion of the area within the corporate limits of
the city or town. [1973 c 65 § 1.]
36.68.620 Enlargement by inclusion of additional
area—Procedure. After a park and recreation service area
has been organized, an additional area may be added by the
same procedure within the proposed additional area as is
provided herein for the organization of a park and recreation
service area, and all electors within both the organized park
and recreation service area and the proposed additional
territory shall vote upon the proposition for enlargement.
[1973 c 65 § 2.]
Chapter 36.69
PARK AND RECREATION DISTRICTS
(Formerly: Recreation districts act)
Severability—1981 c 210: See note following RCW 36.68.400.
36.68.580 Ownership of parks and facilities—
Expenditure of funds budgeted for park purposes. Any
park facility or park acquired, improved or otherwise
financed in whole or in part by park and recreation service
area funds shall be owned by the park service area and/or
[Title 36 RCW—page 150]
Sections
36.69.010
36.69.020
36.69.030
36.69.040
Park and recreation districts authorized—"Recreational facilities" defined.
Formation of district by petition—Procedure.
Area which may be included—Resolution of governing body
of city or town.
Hearing on petition—Notice.
(2002 Ed.)
Park and Recreation Districts
36.69.050
36.69.065
Boundaries—Name—Inclusion, exclusion of lands.
Election for formation—Inclusion of proposition for tax levy
or issuance of bonds.
36.69.070 Elections—Procedures—Terms.
36.69.080 Election results.
36.69.090 Commissioners—Terms—Election procedures.
36.69.100 Commissioners—Vacancies.
36.69.110 Commissioners—Compensation, expenses.
36.69.120 Commissioners—Duties.
36.69.130 Powers of districts.
36.69.140 Excess levies authorized—Bonds—Interest bearing warrants.
36.69.145 Six-year regular property tax levies—Limitations—Election.
36.69.147 Community revitalization financing—Public improvements.
36.69.150 District treasurer—Warrants—Vouchers.
36.69.160 Budget.
36.69.170 Expenditures.
36.69.180 Violation of rules—Penalty.
36.69.190 Additional area may be added to district.
36.69.200 L.I.D.’s—Authorization—Assessments, warrants, bonds—
County treasurer’s duties.
36.69.210 L.I.D.’s—Initiation by resolution or petition.
36.69.220 L.I.D.’s—Procedure when by resolution.
36.69.230 L.I.D.’s—Procedure when by petition—Publication of notice
of intent by either resolution or petition.
36.69.240 L.I.D.’s—Notice—Contents.
36.69.245 L.I.D.’s—Notice must contain statement that assessments
may vary from estimates.
36.69.250 L.I.D.’s—Public hearing—Inclusion, exclusion of property.
36.69.260 L.I.D.’s—Protests—Procedure—Jurisdiction of board.
36.69.270 L.I.D.’s—Powers and duties of board upon formation.
36.69.280 L.I.D.’s—Assessment roll—Procedure for approval—
Objections.
36.69.290 L.I.D.’s—Segregation of assessments—Power of board.
36.69.300 L.I.D.’s—Segregation of assessments—Procedure—Fee,
charges.
36.69.305 L.I.D.’s—Acquisition of property subject to unpaid or delinquent assessments by state or political subdivision—
Payment of lien or installments.
36.69.310 Dissolution.
36.69.320 Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive
for five years.
36.69.350 Board authorized to contract indebtedness and issue revenue
bonds.
36.69.360 Revenue bonds—Authorized purposes.
36.69.370 Revenue bonds—Issuance, form, seal, etc.
36.69.380 Resolution to authorize bonds—Contents.
36.69.390 Payment of bonds—Covenants—Enforcement.
36.69.400 Funding, refunding bonds.
36.69.410 Authority for issuance of bonds—Construction.
36.69.420 Joint park and recreation district—Authorization.
36.69.430 Joint park and recreation district—Formation—Petition.
36.69.440 Joint park and recreation district—Formation—Hearing—
Boundaries—Election.
36.69.450 Joint park and recreation district—Duties of county officers.
36.69.460 Joint park and recreation district—Population determinations.
36.69.900 Short title.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
RCW 39.33.060 to govern on sales by water-sewer district for park and
recreational purposes: RCW 57.08.140.
Transfer of real property or contract for use for park and recreational
purposes: RCW 39.33.060.
36.69.010 Park and recreation districts authorized—"Recreational facilities" defined. Park and
recreation districts are hereby authorized to be formed as
municipal corporations for the purpose of providing leisure
time activities and facilities and recreational facilities, of a
nonprofit nature as a public service to the residents of the
geographical areas included within their boundaries.
(2002 Ed.)
Chapter 36.69
The term "recreational facilities" means parks, playgrounds, gymnasiums, swimming pools, field houses, bathing
beaches, stadiums, golf courses, automobile race tracks and
drag strips, coliseums for the display of spectator sports,
public campgrounds, boat ramps and launching sites, public
hunting and fishing areas, arboretums, bicycle and bridle
paths, senior citizen centers, community centers, and other
recreational facilities. [1991 c 363 § 79; 1990 c 32 § 1;
1972 ex.s. c 94 § 1; 1969 c 26 § 1; 1967 c 63 § 1; 1963 c
4 § 36.69.010. Prior: 1961 c 272 § 1; 1959 c 304 § 1;
1957 c 58 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.69.020 Formation of district by petition—
Procedure. The formation of a park and recreation district
shall be initiated by a petition designating the boundaries
thereof by metes and bounds, or by describing the land to be
included therein by townships, ranges and legal subdivisions.
Such petition shall set forth the object of the district and
state that it will be conducive to the public welfare and
convenience, and that it will be a benefit to the area therein.
Such petition shall be signed by not less than fifteen percent
of the registered voters residing within the area so described.
The name of a person who has signed the petition may not
be withdrawn from the petition after the petition has been
filed.
The petition shall be filed with the auditor of the county
within which the proposed district is located, accompanied
by an obligation signed by two or more petitioners, agreeing
to pay the cost of the publication of the notice provided for
in RCW 36.69.040. The county auditor shall, within thirty
days from the date of filing the petition, examine the
signatures and certify to the sufficiency or insufficiency
thereof.
If the petition is found to contain a sufficient number of
signatures of qualified persons, the auditor shall transmit it,
together with a certificate of sufficiency attached thereto, to
the county legislative authority, which shall by resolution
entered upon its minutes receive it and fix a day and hour
when the legislative authority will publicly hear the petition,
as provided in RCW 36.69.040. [1994 c 223 § 42; 1969 c
26 § 2; 1967 c 63 § 2; 1963 c 4 § 36.69.020. Prior: 1961
c 272 § 2; 1959 c 304 § 2; 1957 c 58 § 2.]
36.69.030 Area which may be included—Resolution
of governing body of city or town. A park and recreation
district may include any unincorporated area in the state and,
when any part of the proposed district lies within the
corporate limits of any city or town, said petition shall be
accompanied by a certified copy of a resolution of the
governing body of said city or town, approving inclusion of
the area within the corporate limits of the city or town.
[1969 c 26 § 3; 1967 c 63 § 3; 1963 c 4 § 36.69.030. Prior:
1961 c 272 § 3; 1959 c 304 § 3; 1957 c 58 § 3.]
36.69.040 Hearing on petition—Notice. The board
of county commissioners shall set a time for a hearing on the
petition for the formation of a park and recreation district to
be held not more than sixty days following the receipt of
such petition. Notice of hearing shall be given by publica[Title 36 RCW—page 151]
36.69.040
Title 36 RCW: Counties
tion three times, at intervals of not less than one week, in a
newspaper of general circulation within the county. Such
notice shall state the time and place of hearing and describe
particularly the area proposed to be included within the
district. [1963 c 4 § 36.69.040. Prior: 1957 c 58 § 4.]
36.69.050 Boundaries—Name—Inclusion, exclusion
of lands. The board of county commissioners shall designate a name for and fix the boundaries of the proposed
district following such hearing. No land shall be included in
the boundaries as fixed by the county commissioners which
was not described in the petition, unless the owners of such
land shall consent in writing thereto.
The board of county commissioners shall eliminate from
the boundaries of the proposed district land which they find
will not be benefited by inclusion therein. [1963 c 4 §
36.69.050. Prior: 1957 c 58 § 5.]
36.69.065 Election for formation—Inclusion of
proposition for tax levy or issuance of bonds. If the
petition or resolution initiating the formation of the proposed
park and recreation district proposes that the initial capital or
operational costs are to be financed by regular property tax
levies for a *five-year period as authorized by RCW
36.69.145, or an annual excess levy, or that proposed capital
costs are to be financed by the issuance of general obligation
bonds and bond retirement levies, a proposition or propositions for such purpose or purposes shall be submitted to
the voters of the proposed park and recreation district at the
same election. A proposition or propositions for regular
property tax levies for a *five-year period as authorized by
RCW 36.69.145, an annual excess levy, or the issuance of
general obligation bonds and bond retirement levies, may
also be submitted to the voters at any general or special
election. The ballot proposition or propositions authorizing
the imposition of a tax levy or levies, or issuance of general
obligation bonds and imposition of tax levies, shall be null
and void if the park and recreation district was not authorized to be formed. [1989 c 184 § 1.]
*Reviser’s note: 1994 c 156 § 3 amended RCW 36.69.145 to
authorize a six-year period.
36.69.070 Elections—Procedures—Terms. A ballot
proposition authorizing the formation of the proposed park
and recreation district shall be submitted to the voters of the
proposed district for their approval or rejection at the next
general state election occurring sixty or more days after the
county legislative authority fixes the boundaries of the
proposed district. Notices of the election for the formation
of the park and recreation district shall state generally and
briefly the purpose thereof and shall give the boundaries of
the proposed district and name the day of the election and
the hours during which the polls will be open. The proposition to be submitted to the voters shall be stated in such
manner that the voters may indicate yes or no upon the
proposition of forming the proposed park and recreation district.
The initial park and recreation commissioners shall be
elected at the same election, but this election shall be null
and void if the district is not authorized to be formed. No
primary shall be held to nominate candidates for the initial
[Title 36 RCW—page 152]
commissioner positions. Candidates shall run for specific
commission positions. A special filing period shall be
opened as provided in RCW 29.15.170 and 29.15.180. The
person who receives the greatest number of votes for each
commission position shall be elected to that position. The
three persons who are elected receiving the greatest number
of votes shall be elected to four-year terms of office if the
election is held in an odd-numbered year or three-year terms
of office if the election is held in an even-numbered year.
The other two persons who are elected shall be elected to
two-year terms of office if the election is held in an oddnumbered year or one-year terms of office if the election is
held in an even-numbered year. The initial commissioners
shall take office immediately upon being elected and qualified, but the length of such terms shall be computed from
the first day of January in the year following this election.
[1994 c 223 § 43; 1979 ex.s. c 126 § 28; 1963 c 4 §
36.69.070. Prior: 1959 c 304 § 4; 1957 c 58 § 7.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
36.69.080 Election results. If a majority of all votes
cast upon the proposition favors the formation of the district,
the county legislative authority shall, by resolution, declare
the territory organized as a park and recreation district under
the designated name. [1994 c 223 § 44; 1979 ex.s. c 126 §
29; 1963 c 4 § 36.69.080. Prior: 1957 c 58 § 8.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
36.69.090 Commissioners—Terms—Election
procedures. A park and recreation district shall be governed by a board of five commissioners. Except for the
initial commissioners, all commissioners shall be elected to
staggered four-year terms of office and shall serve until their
successors are elected and qualified and assume office in
accordance with RCW 29.04.170. Candidates shall run for
specific commissioner positions.
Elections for park and recreation district commissioners
shall be held biennially in conjunction with the general
election in each odd-numbered year. Elections shall be held
in accordance with the provisions of Title 29 RCW dealing
with general elections, except that there shall be no primary
to nominate candidates. All persons filing and qualifying
shall appear on the general election ballot and the person
receiving the largest number of votes for each position shall
be elected. [1996 c 324 § 2; 1994 c 223 § 45; 1987 c 53 §
1; 1979 ex.s. c 126 § 30; 1963 c 200 § 18; 1963 c 4 §
36.69.090. Prior: 1957 c 58 § 9.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
36.69.100 Commissioners—Vacancies. Vacancies on
the board of park and recreation commissioners shall occur
and shall be filled as provided in chapter 42.12 RCW. [1994
c 223 § 46; 1963 c 4 § 36.69.100. Prior: 1957 c 58 § 10.]
36.69.110 Commissioners—Compensation, expenses.
The park and recreation commissioners shall receive no
compensation for their services but shall receive necessary
expenses in attending meetings of the board or when
otherwise engaged on district business. [1963 c 4 §
36.69.110. Prior: 1957 c 58 § 11.]
(2002 Ed.)
Park and Recreation Districts
36.69.120 Commissioners—Duties. The park and
recreation district board of commissioners shall:
(1) Elect its officers including a chairman, vice chairman, secretary, and such other officers as it may determine
it requires;
(2) Hold regular public meetings at least monthly;
(3) Adopt policies governing transaction of board
business, keeping of records, resolutions, transactions,
findings and determinations, which shall be of public record;
(4) Initiate, direct and administer district park and recreation activities, and select and employ such properly qualified employees as it may deem necessary. [1963 c 4 §
36.69.120. Prior: 1957 c 58 § 12.]
36.69.130 Powers of districts. Park and recreation
districts shall have such powers as are necessary to carry out
the purpose for which they are created, including, but not
being limited to, the power: (1) To acquire and hold real
and personal property; (2) to dispose of real and personal
property only by unanimous vote of the district commissioners; (3) to make contracts; (4) to sue and be sued; (5) to
borrow money to the extent and in the manner authorized by
this chapter; (6) to grant concessions; (7) to make or
establish charges, fees, rates, rentals and the like for the use
of facilities (including recreational facilities) or for participation; (8) to make and enforce rules and regulations governing
the use of property, facilities or equipment and the conduct
of persons thereon; (9) to contract with any municipal corporation, governmental, or private agencies for the conduct of
park and recreation programs; (10) to operate jointly with
other governmental units any facilities or property including
participation in the acquisition; (11) to hold in trust or
manage public property useful to the accomplishment of
their objectives; (12) to establish cumulative reserve funds in
the manner and for the purposes prescribed by law for cities;
(13) to acquire, construct, reconstruct, maintain, repair, add
to, and operate recreational facilities; and, (14) to make
improvements or to acquire property by the local improvement method in the manner prescribed by this chapter:
PROVIDED, That such improvement or acquisition is within
the scope of the purposes granted to such park and recreation
district. [1972 ex.s. c 94 § 2; 1969 c 26 § 4; 1967 c 63 § 4;
1963 c 4 § 36.69.130. Prior: 1961 c 272 § 4; 1959 c 304
§ 5; 1957 c 58 § 13.]
36.69.140 Excess levies authorized—Bonds—
Interest bearing warrants. (1) A park and recreation
district shall have the power to levy excess levies upon the
property included within the district, in the manner prescribed by Article VII, section 2, of the Constitution and by
RCW 84.52.052 for operating funds, capital outlay funds,
and cumulative reserve funds.
(2) A park and recreation district may issue general
obligation bonds for capital purposes only, not to exceed an
amount, together with any outstanding nonvoter approved
general obligation indebtedness equal to three-eighths of one
percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined
in RCW 39.36.015. A park and recreation district may
additionally issue general obligation bonds, together with
outstanding voter approved and nonvoter approved general
(2002 Ed.)
36.69.120
obligation indebtedness, equal to one and one-fourth percent
of the value of the taxable property within the district, as the
term "value of the taxable property" is defined in RCW
39.36.015, when such bonds are approved by three-fifths of
the voters of the district at a general or special election
called for that purpose and may provide for the retirement
thereof by levies in excess of dollar rate limitations in
accordance with the provisions of RCW 84.52.056. When
authorized by the voters of the district, the district may issue
interest bearing warrants payable out of and to the extent of
excess levies authorized in the year in which the excess levy
was approved. These elections shall be held as provided in
RCW 39.36.050. Such bonds and warrants shall be issued
and sold in accordance with chapter 39.46 RCW. [1994 c
156 § 2; 1984 c 186 § 30; 1983 c 167 § 84; 1981 c 210 §
19; 1977 ex.s. c 90 § 1; 1973 1st ex.s. c 195 § 40; 1970
ex.s. c 42 § 20; 1969 c 26 § 5; 1967 c 63 § 5; 1963 c 4 §
36.69.140. Prior: 1961 c 272 § 5; 1959 c 304 § 6; 1957 c
58 § 14.]
Intent—1994 c 156: "The intent of the legislature by enacting
sections 2 through 5, chapter 156, Laws of 1994 is:
(1) To allow park and recreation districts and park and recreation
service areas to place more than one excess levy on the same ballot,
allowing districts and service areas to give voters the opportunity to vote on
separate issues, such as for operating and capital funds, at the same election,
thereby reducing election costs; and
(2) To increase the amount a park and recreation district or park and
recreation service area may collect through a six-year property tax levy from
a maximum of fifteen cents per thousand dollars of assessed value to a
maximum of sixty cents per thousand dollars of assessed value. This would
allow for a more stable funding source for park and recreation districts and
park and recreation service areas at a realistic tax rate and reduce the need
for holding excess levy elections on an annual or biannual [biennial] basis.
In addition, it would level out the collection of taxes over each of six years
rather than the practice now of collecting in one year to fund two years."
[1994 c 156 § 1.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
36.69.145 Six-year regular property tax levies—
Limitations—Election. (1) A park and recreation district
may impose regular property tax levies in an amount equal
to sixty cents or less per thousand dollars of assessed value
of property in the district in each year for six consecutive
years when specifically authorized so to do by a majority of
at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or
at the regular election of the district, at which election the
number of voters voting "yes" on the proposition shall
constitute three-fifths of a number equal to forty per centum
of the number of voters voting in such district at the last
preceding general election when the number of voters voting
on the proposition does not exceed forty per centum of the
number of voters voting in such taxing district in the last
preceding general election; or by a majority of at least threefifths of the voters thereof voting on the proposition if the
number of voters voting on the proposition exceeds forty per
centum of the number of voters voting in such taxing district
in the last preceding general election. A proposition autho[Title 36 RCW—page 153]
36.69.145
Title 36 RCW: Counties
rizing the tax levies shall not be submitted by a park and
recreation district more than twice in any twelve-month
period. Ballot propositions shall conform with RCW
29.30.111. In the event a park and recreation district is
levying property taxes, which in combination with property
taxes levied by other taxing districts subject to the one
percent limitation provided for in Article 7, section 2, of our
state Constitution result in taxes in excess of the limitation
provided for in RCW 84.52.043, the park and recreation
district property tax levy shall be reduced or eliminated
before the property tax levies of other taxing districts are
reduced.
(2) The limitation in RCW 84.55.010 shall not apply to
the first levy imposed under this section following the
approval of the levies by the voters under subsection (1) of
this section. [1994 c 156 § 3; 1984 c 131 § 6; 1981 c 210
§ 18.]
Intent—1994 c 156: See note following RCW 36.69.140.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29.30.111.
36.69.147 Community revitalization financing—
Public improvements. In addition to other authority that a
park and recreation district possesses, a park and recreation
district may provide any public improvement as defined
under RCW 39.89.020, but this additional authority is limited
to participating in the financing of the public improvements
as provided under RCW 39.89.050.
This section does not limit the authority of a park and
recreation district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 15.]
Severability—2001 c 212: See RCW 39.89.902.
36.69.150 District treasurer—Warrants—Vouchers.
The county treasurer of the county in which the district shall
be located shall be the treasurer of the district, and expenditures shall be made upon warrants drawn by the county auditor pursuant to vouchers approved by the board of park and
recreation commissioners. [1963 c 4 § 36.69.150. Prior:
1957 c 58 § 16.]
36.69.160 Budget. The board of park and recreation
commissioners of each park and recreation district shall
annually compile a budget, in form prescribed by the state
auditor, for the ensuing calendar year, and which shall, to
the extent that anticipated income is actually realized,
constitute the appropriations for the district. The budget may
include an amount to accumulate a reserve for a stated
capital purpose. In compiling the budget, all available funds
and anticipated income shall be taken into consideration, including contributions or contractual payments from school
districts, cities or towns, county, or any other governmental
unit; gifts and donations; special tax levy; assessments; fees
and charges; proceeds of bond issues; cumulative reserve
funds. [1995 c 301 § 68; 1963 c 4 § 36.69.160. Prior:
1957 c 58 § 17.]
36.69.170 Expenditures. Expenditures shall be made
solely in accordance with the budget, and should revenues
accrue at a rate below the anticipated amounts, the board of
park and recreation commissioners shall reduce expenditures
[Title 36 RCW—page 154]
accordingly: PROVIDED, That the board may, by unanimous vote, authorize such expenditures, or authorize expenditures in excess of those budgeted, if sufficient revenue to
pay such expenditures is derived by the levy of the district
or if provided by other governmental agencies specifically
for such purposes. [1963 c 4 § 36.69.170. Prior: 1957 c 58
§ 18.]
36.69.180 Violation of rules—Penalty. The violation
of any of the rules or regulations of a park and recreation
district adopted by its board for the preservation of order,
control of traffic, protection of life or property, or for the
regulation of the use of park property shall constitute a
misdemeanor: PROVIDED, That violation of a rule or
regulation relating to traffic including parking, standing,
stopping, and pedestrian offenses is a traffic infraction,
except that violation of a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [1979 ex.s. c 136 § 37;
1963 c 4 § 36.69.180. Prior: 1957 c 58 § 19.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
36.69.190 Additional area may be added to district.
After a park and recreation district has been organized, an
additional area may be added by the same procedure within
the proposed additional area as is provided herein for the
organization of a park and recreation district, except that no
first commissioners shall be nominated by the board of
county commissioners or elected, and all electors within both
the organized park and recreation district and the proposed
additional territory shall vote upon the proposition for
enlargement. [1969 c 26 § 6; 1967 c 63 § 6; 1963 c 4 §
36.69.190. Prior: 1961 c 272 § 6; 1959 c 304 § 7; 1957 c
58 § 20.]
36.69.200 L.I.D.’s—Authorization—Assessments,
warrants, bonds—County treasurer’s duties. (1) Whenever the board of park and recreation commissioners of any
district shall determine that any proposed capital improvement would be of special benefit to all or to any portion of
the district, it may establish local improvement districts
within its territory; levy special assessments under the mode
of annual installments extending over a period not exceeding
twenty years, on all property specially benefited by a local
improvement, on the basis of special benefits to pay in
whole or in part the damage or costs of any improvements
ordered in the district; and issue local improvement bonds in
the improvement district to be repaid by the collection of
local improvement assessments. The method of establishment, levying, collection and enforcement of such assessments and issuance and redemption of local improvement
warrants and bonds and the provisions regarding the conclusiveness of the assessment roll and the review by the
superior court of any objections thereto shall be as provided
for the levying, collection, and enforcement of local improvement assessments and the issuance of local improvement bonds by cities and towns, insofar as consistent
herewith. The duties devolving upon the city treasurer are
hereby imposed upon the county treasurer for the purposes
hereof. The mode of assessment shall be determined by the
(2002 Ed.)
Park and Recreation Districts
board. Such bonds may be in any form, including coupon
bonds or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 85; 1983 c 3 § 80; 1963 c 4 §
36.69.200. Prior: 1957 c 58 § 21.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Local improvements, supplemental authority: Chapter 35.51 RCW.
36.69.210 L.I.D.’s—Initiation by resolution or petition. Local improvement districts may be initiated either (1)
by resolution of the board of park and recreation commissioners, or, (2) by petition signed by the owners (according
to the county auditor’s records) of at least fifty-one percent
of the area of land within the limits of the local improvement district to be created. [1963 c 4 § 36.69.210. Prior:
1957 c 58 § 22.]
36.69.220 L.I.D.’s—Procedure when by resolution.
If the board of park and recreation commissioners desires to
initiate the formation of a local improvement district by
resolution, it shall first pass a resolution declaring its
intention to order such improvement, setting forth the nature
and territorial extent of such proposed improvement, designating the number of the proposed local improvement district
and describing the boundaries thereof, stating the estimated
cost and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed district, and fixing a date, time and place for a
public hearing on the formation of the proposed local
district. [1963 c 4 § 36.69.220. Prior: 1957 c 58 § 23.]
36.69.230 L.I.D.’s—Procedure when by petition—
Publication of notice of intent by either resolution or
petition. If such local improvement district is initiated by
petition, such petition shall set forth the nature and territorial
extent of the proposed improvement requested to be ordered
and the fact that the signers thereof are the owners (according to the records of the county auditor) of at least fifty-one
percent of the area of land within the limits of the local
improvement district to be created. Upon the filing of such
petition the board of park and recreation commissioners shall
determine whether it is sufficient, and the board’s determination thereof shall be conclusive upon all persons. No person
shall withdraw his name from the petition after it has been
filed with the board. If the board shall find the petition to
be sufficient, it shall proceed to adopt a resolution declaring
its intention to order the improvement petitioned for, setting
forth the nature and territorial extent of said improvement,
designating the number of the proposed local district and
describing the boundaries thereof, stating the estimated cost
and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed local district, and fixing a date, time and place
for a public hearing on the formation of the proposed local
district.
The resolution of intention, whether adopted on the
initiative of the board or pursuant to a petition of the
property owners, shall be published in at least two consecutive issues of a newspaper of general circulation in the
(2002 Ed.)
36.69.200
proposed local district, the date of the first publication to be
at least fifteen days prior to the date fixed by such resolution
for hearing before the board. [1963 c 4 § 36.69.230. Prior:
1957 c 58 § 24.]
36.69.240 L.I.D.’s—Notice—Contents. Notice of the
adoption of the resolution of intention shall be given each
owner or reputed owner of any lot, tract, parcel of land or
other property within the proposed improvement district by
mailing said notice at least fifteen days before the date fixed
for the public hearing to the owner or reputed owner of the
property as shown on the tax rolls of the county treasurer at
the address shown thereon. The notice shall refer to the
resolution of intention and designate the proposed improvement district by number. Said notice shall also set forth the
nature of the proposed improvement, the total estimated cost,
the proportion of total cost to be borne by assessments, the
estimated amount of the cost and expense of such improvement to be borne by the particular lot, tract or parcel, the
date, time and place of the hearing before the board of park
and recreation commissioners; and in the case of improvements initiated by resolution, the notice shall also state that
all persons desiring to object to the formation of the proposed district must file their written protests with the
secretary of the board before the time fixed for said public
hearing. [1963 c 4 § 36.69.240. Prior: 1957 c 58 § 25.]
36.69.245 L.I.D.’s—Notice must contain statement
that assessments may vary from estimates. Any notice
given to the public or to the owners of specific lots, tracts,
or parcels of land relating to the formation of a local improvement district shall contain a statement that actual
assessments may vary from assessment estimates so long as
they do not exceed a figure equal to the increased true and
fair value the improvement adds to the property. [1989 c
243 § 4.]
36.69.250 L.I.D.’s—Public hearing—Inclusion,
exclusion of property. Whether the improvement is
initiated by petition or resolution, the board of park and
recreation commissioners shall conduct a public hearing at
the time and place designated in the notice to property
owners. At this hearing the board shall hear objections from
any person affected by the formation of the local district and
may make such changes in the boundaries of the district or
such modifications in the plans for the proposed improvement as shall be deemed necessary: PROVIDED, That the
board may not change the boundaries of the district to
include or exclude property not previously included or
excluded without first passing a new resolution of intention
and giving a new notice to property owners in the manner
and form and within the time herein provided for the original
notice. [1963 c 4 § 36.69.250. Prior: 1957 c 58 § 26.]
36.69.260 L.I.D.’s—Protests—Procedure—
Jurisdiction of board. After said hearing the board of park
and recreation commissioners shall have jurisdiction to
overrule protests and proceed with any such improvement
initiated by petition or resolution: PROVIDED, That the
jurisdiction of the board to proceed with any improvement
initiated by resolution shall be divested by a protest filed
[Title 36 RCW—page 155]
36.69.260
Title 36 RCW: Counties
with the secretary of the board prior to said public hearing
for the improvement signed by the owners of the property
within the proposed local improvement district which is
subject to sixty percent or more of the cost of the improvement as shown and determined by the preliminary estimates
and assessment roll of the proposed improvement district.
[1963 c 4 § 36.69.260. Prior: 1957 c 58 § 27.]
36.69.270 L.I.D.’s—Powers and duties of board
upon formation. If the board of park and recreation
commissioners finds that the district should be formed, it
shall by resolution order the improvement, adopt detailed
plans of the local improvement district and declare the
estimated cost thereof, acquire all necessary land therefor,
pay all damages caused thereby, and commence in the name
of the park and recreation district such eminent domain
proceedings as may be necessary to entitle the district to
proceed with the work. The board shall thereupon proceed
with the work and file with the county treasurer its roll
levying special assessments in the amount to be paid by
special assessment against the property situated within the
improvement district in proportion to the special benefits to
be derived by the property therein from the improvement.
[1963 c 4 § 36.69.270. Prior: 1957 c 58 § 28.]
36.69.280 L.I.D.’s—Assessment roll—Procedure for
approval—Objections. Before approval of the roll a notice
shall be published once a week for two consecutive weeks
in a newspaper of general circulation in the local district,
stating that the roll is on file and open to inspection in the
office of the secretary, and fixing the time, not less than
fifteen or more than thirty days from the date of the first
publication of the notice within which protests must be filed
with the secretary against any assessments shown thereon,
and fixing a time when a hearing will be held by the board
of park and recreation commissioners on the protests.
Notice shall also be given by mailing, at least fifteen days
before the hearing, a similar notice to the owners or reputed
owners of the land in the local district as they appear on the
books of the treasurer of the county in which the park and
recreation district is located. At the hearing, or any adjournment thereof, the commissioners may correct, change or
modify the roll, or any part thereof, or set aside the roll and
order a new assessment, and may then by resolution approve
it. If an assessment is raised a new notice similar to the first
shall be given, after which final approval of the roll may be
made. When property has been entered originally upon the
roll and the assessment thereon is not raised, no objection
thereto shall be considered by the commissioners or by any
court on appeal unless the objection is made in writing at, or
prior, to the date fixed for the original hearing upon the roll.
[1963 c 4 § 36.69.280. Prior: 1957 c 58 § 29.]
36.69.290 L.I.D.’s—Segregation of assessments—
Power of board. Whenever any land against which there
has been levied any special assessment by any park and
recreation district shall have been sold in part or subdivided,
the board of park and recreation commissioners of such
district shall have the power to order a segregation of the
assessment. [1963 c 4 § 36.69.290. Prior: 1957 c 58 § 30.]
[Title 36 RCW—page 156]
36.69.300 L.I.D.’s—Segregation of assessments—
Procedure—Fee, charges. Any person desiring to have
such a special assessment against a tract of land segregated
to apply to smaller parts thereof shall apply to the board of
park and recreation commissioners of the park and recreation
district which levied the assessment. If the board determines
that a segregation should be made, it shall by resolution
order the county treasurer to make segregation on the
original assessment roll as directed in the resolution. The
segregation shall be made as nearly as possible on the same
basis as the original assessment was levied, and the total of
the segregated parts of the assessment shall equal the
assessment before segregation. The resolution shall
describe the original tract, the amount and date of the
original assessment, and shall define the boundaries of the
divided parts and the amount of the assessment chargeable
to each part. A certified copy of the resolution shall be
delivered to the county treasurer who shall proceed to make
the segregation ordered upon being tendered a fee of three
dollars for each tract of land for which a segregation is to be
made. In addition to such charge the board may require as
a condition to the order of segregation that the person
seeking it pay the district the reasonable engineering and
clerical costs incident to making the segregation. [1963 c 4
§ 36.69.300. Prior: 1957 c 58 § 31.]
36.69.305 L.I.D.’s—Acquisition of property subject
to unpaid or delinquent assessments by state or political
subdivision—Payment of lien or installments. See RCW
79.44.190.
36.69.310 Dissolution. Any park and recreation
district formed under the provisions of this chapter may be
dissolved in the manner provided in chapter 53.48 RCW,
relating to port districts. [1963 c 4 § 36.69.310. Prior:
1957 c 58 § 32.]
Alternative procedure for dissolution of special districts: Chapter 36.96
RCW.
36.69.320 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
36.69.350 Board authorized to contract indebtedness and issue revenue bonds. The board of parks and
recreation commissioners is hereby authorized for the
purpose of carrying out the lawful powers granted to park
and recreation districts by the laws of the state to contract
indebtedness and to issue revenue bonds evidencing such
indebtedness in conformity with this chapter. [1972 ex.s. c
94 § 3.]
36.69.360 Revenue bonds—Authorized purposes.
All such revenue bonds authorized under the terms of this
chapter may be issued and sold by the district from time to
time and in such amounts as is deemed necessary by the
board of park and recreation commissioners of each district
to provide sufficient funds for the carrying out of all district
powers, without limiting the generality thereof, including the
following: Acquisition; construction; reconstruction; maintenance; repair; additions; operations of recreational facili(2002 Ed.)
Park and Recreation Districts
ties; parking facilities as a part of a recreational facility; and
any other district purpose from which revenues can be
derived. Included in the costs thereof shall be any necessary
engineering, inspection, accounting, fiscal, and legal expenses, the cost of issuance of bonds, including printing,
engraving and advertising and other similar expenses, and
the proceeds of such bond issue are hereby made available
for all such purposes. [1972 ex.s. c 94 § 4.]
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
36.69.370 Revenue bonds—Issuance, form, seal, etc.
(1) When revenue bonds are issued for authorized purposes,
said bonds shall be either registered as to principal only or
principal and interest as provided in RCW 39.46.030 or shall
be bearer bonds; shall be in such denominations, shall be
numbered, shall bear such date, shall be payable at such time
or times up to a maximum period of not to exceed thirty
years and payable as determined by the park and recreation
commissioners of the district; shall bear interest payable
semiannually; shall be executed by the chairman of the board
of park and recreation commissioners, and attested by the
secretary of the board, and the seal of such board shall be
affixed to each bond, but not to any coupon; and may have
facsimile signatures of the chairman and the secretary
imprinted on any interest coupons in lieu of original signatures.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 86; 1972 ex.s. c 94 § 5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.380 Resolution to authorize bonds—Contents.
Bonds issued under the provisions of this chapter shall be
payable solely out of the operating revenues of the park and
recreation district. Such bonds shall be authorized by resolution adopted by the board of park and recreation commissioners, which resolution shall create a special fund or funds
into which the board of park and recreation commissioners
may obligate and bind the district to set aside and pay any
part or parts of, or all of, or a fixed proportion of, or fixed
amounts of gross revenue received by the district from
moneys for services or activities as stated in the resolution,
for the purpose of paying the principal of and interest on
such bonds as the same shall become due, and if deemed
necessary to maintain adequate reserves therefor. Such fund
or funds shall be drawn upon solely for the purpose of
paying the principal and interest upon the bonds issued
pursuant to this chapter.
The bonds shall be negotiable instruments within the
provision and intent of the negotiable instruments law of this
state, even though they shall be payable solely from such
special fund or funds, and the tax revenue of the district may
not be used to pay, secure, or guarantee the payment of the
principal of and interest on such bonds. The bonds and any
coupons attached thereto shall state upon their face that they
are payable solely from such special fund or funds. If the
county fails to set aside and pay into such fund or funds, the
payments provided for in such resolution, the owner of any
(2002 Ed.)
36.69.360
such bonds may bring suit to compel compliance with the
provisions of the resolution. [1983 c 167 § 87; 1972 ex.s.
c 94 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.390 Payment of bonds—Covenants—
Enforcement. The board of park and recreation commissioners may provide covenants as it may deem necessary to
secure the payment of the principal of and interest on such
bonds and may, but shall not be required to, include covenants to create a reserve fund or account and to authorize the
payment or deposit of certain moneys therein for the purpose
of securing the payment of such principal and interest; to
establish, maintain, and collect rates, charges, fees, rentals,
and the like on the facilities and service the income of which
is pledged for the payment of such bonds, sufficient to pay
or secure the payment of such principal and interest and to
maintain an adequate coverage over annual debt service; and
to make any and all other covenants not inconsistent with the
provisions of this chapter which will increase the marketability of such bonds. The board may also provide that revenue
bonds payable out of the same source or sources may later
be sold on a parity with any revenue bonds being issued and
sold. The provisions of this chapter and any resolution or
resolutions providing for the authorization, issuance, and sale
of such bonds shall constitute a contract with the owner of
such bonds, and the provisions thereof shall be enforceable
by any owner of such bonds by mandamus or any appropriate suit, action or proceeding at law or in equity in any court
of competent jurisdiction. [1983 c 167 § 88; 1972 ex.s. c 94
§ 7.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.400 Funding, refunding bonds. (1) The board
of parks and recreation commissioners of any district may by
resolution, from time to time, provide for the issuance of
funding or refunding revenue bonds to fund or refund any
outstanding revenue bonds and any interest and premiums
due thereon at or before the maturity of such bonds, and
parts or all of various series and issues of outstanding
revenue bonds in the amount thereof to be funded or
refunded.
The board shall create a special fund for the sole
purpose of paying the principal of and interest on such
funding or refunding revenue bonds, into which fund the
board shall obligate and bind the district to set aside and pay
any part or parts of, or all of, or a fixed proportion of, or a
fixed amount of the revenue of the recreational facility of the
district sufficient to pay such principal and interest as the
same shall become due, and if deemed necessary to maintain
adequate reserves therefor.
Such funding or refunding bonds shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state, and the tax revenue of the
district may not be used to pay, secure, or guarantee the
payment of the principal of and interest on such bonds.
Such bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
[Title 36 RCW—page 157]
36.69.400
Title 36 RCW: Counties
The district may exchange such funding or refunding
bonds for the bonds, and any coupons being funded or
refunded, or it may sell such funding or refunding bonds in
the manner, at such price and at such rate or rates of interest
as the board shall deem to be for the best interest of the
district and its inhabitants, either at public or private sale.
The provisions of this chapter relating to the terms,
conditions, covenants, issuance, and sale of revenue bonds
shall be applicable to such funding or refunding bonds
except as may be otherwise specifically provided in this
section.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 89; 1972 ex.s. c 94 § 8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.69.410 Authority for issuance of bonds—
Construction. This chapter shall be complete authority for
the issuance of the revenue bonds hereby authorized, and
shall be liberally construed to accomplish its purposes. Any
restrictions, limitations or regulations relative to the issuance
of such revenue bonds contained in any other act shall not
apply to the bonds issued under this chapter. Any act
inconsistent herewith shall be deemed modified to conform
with the provisions of this chapter for the purpose of this
chapter only. [1972 ex.s. c 94 § 9.]
36.69.420 Joint park and recreation district—
Authorization. A park and recreation district may be
formed encompassing portions of two or more counties.
Such a district shall be known as a joint park and recreation
district and shall have all powers and duties of a park and
recreation district. The procedures established in this chapter
for the formation of a park and recreation district shall be
followed in the formation of a joint park and recreation
district except as otherwise provided by RCW 36.69.430,
36.69.440, and 36.69.450. [1979 ex.s. c 11 § 1.]
Severability—1979 ex.s. c 11: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 11 § 7.]
36.69.430 Joint park and recreation district—
Formation—Petition. The formation of a joint park and
recreation district shall be initiated by a petition as prescribed in RCW 36.69.020. The petition shall be filed with
the county auditor of one of the counties within which a
portion of the proposed joint district is located. A copy of
the petition shall be filed with the county auditor of the other
county or counties within which a portion of the proposed
joint district is located. The county auditors shall jointly certify the sufficiency or insufficiency of the petition to the legislative authorities of the counties. [1979 ex.s. c 11 § 2.]
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.440 Joint park and recreation district—
Formation—Hearing—Boundaries—Election. (1) If the
petition filed under RCW 36.69.430 is found to contain a
sufficient number of signatures, the legislative authority of
each county shall set a time for a hearing on the petition for
[Title 36 RCW—page 158]
the formation of a park and recreation district as prescribed
in RCW 36.69.040.
(2) At the public hearing the legislative authority for
each county shall fix the boundaries for that portion of the
proposed park and recreation district that lies within the
county as provided in RCW 36.69.050. Each county shall
notify the other county or counties of the determination of
the boundaries within ten days.
(3) If the territories created by the county legislative
authorities are not contiguous, a joint park and recreation
district shall not be formed. If the territories are contiguous,
the county containing the portion of the proposed joint
district having the larger population shall determine the name
of the proposed joint district.
(4) The proposition for the formation of the proposed
joint park and recreation district shall be submitted to the
voters of the district at the next general election, which
election shall be conducted as required by RCW 36.69.070
and 36.69.080. [1994 c 223 § 47; 1979 ex.s. c 11 § 3.]
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.450 Joint park and recreation district—Duties
of county officers. For all purposes essential to the maintenance, operation, and administration of a joint park and
recreation district, including the apportionment of any funds,
the county in which a joint park and recreation district shall
be considered as belonging shall be the county containing
the largest population of the joint district. Whenever the
laws relating to park and recreation districts provide for an
action by a county officer, the action, if required to be performed on behalf of a joint park and recreation district, shall
be performed by the proper officer of the county to which
the joint district belongs, except as otherwise provided by
law. This delegation of authority extends but is not limited
to:
(1) The declaration by the county legislative authority
of the election results, as required by RCW 36.69.080;
(2) The filing of declarations of candidacy with the
county auditor under RCW 36.69.090;
(3) The issuance of warrants by the county treasurer
under RCW 36.69.150;
(4) The duties of the county treasurer and auditor in the
establishment and operation of a local improvement district
under RCW 36.69.200, 36.69.220, 36.69.240, and 36.69.300.
If the local improvement district is located wholly within any
one of the participating counties, then the officers of that
county shall perform the duties relating to that local improvement district; and
(5) Receipt by the county treasurer of payments of
revenue bonds under RCW 36.69.370. [1979 ex.s. c 11 § 4.]
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.460 Joint park and recreation district—
Population determinations. Population determinations for
the purposes of RCW 36.69.440 and 36.69.450 shall be
made by the office of financial management. [1979 ex.s. c
11 § 5.]
Severability—1979 ex.s. c 11: See note following RCW 36.69.420.
36.69.900 Short title. This chapter may be cited as
the "Recreation Districts Act for Counties." [1969 c 26 § 7;
(2002 Ed.)
Park and Recreation Districts
1967 c 63 § 7; 1963 c 4 § 36.69.900. Prior: 1961 c 272 §
7; 1959 c 304 § 9; 1957 c 58 § 33.]
Chapter 36.70
PLANNING ENABLING ACT
Sections
36.70.010
36.70.015
36.70.020
36.70.025
36.70.030
36.70.040
36.70.050
36.70.060
36.70.070
36.70.080
36.70.090
36.70.100
36.70.110
36.70.120
36.70.130
36.70.140
36.70.150
36.70.160
36.70.170
36.70.180
36.70.190
36.70.200
36.70.210
36.70.220
36.70.230
36.70.240
36.70.250
36.70.260
36.70.270
36.70.280
36.70.290
36.70.300
36.70.310
36.70.315
36.70.317
36.70.320
36.70.330
36.70.340
36.70.350
36.70.360
36.70.370
36.70.380
36.70.390
36.70.400
36.70.410
36.70.420
36.70.430
36.70.440
36.70.450
36.70.460
36.70.470
36.70.480
36.70.490
36.70.495
36.70.500
36.70.510
36.70.520
36.70.530
36.70.540
36.70.545
(2002 Ed.)
Purpose and intent.
Expenditure of funds declared public purpose.
Definitions.
"Solar energy system" defined.
Commission—Creation.
Department—Creation—Creation of commission to assist
department.
Authority for planning.
Regional planning commission—Appointment and powers.
Commission—Composition.
Commission—Appointment—County.
Commission—Membership—Terms—Existing commissions.
Commission—Vacancies.
Commission—Removal.
Commission—Officers.
Planning agency—Meetings.
Planning agency—Rules and records.
Planning agency—Joint meetings.
Director—Appointment.
Director—Employees.
Joint director.
Special services.
Board of adjustment—Creation—Zoning adjustor.
Board of adjustment—Membership—Quorum.
Board of adjustment—Appointment—Appointment of zoning adjustor.
Board of adjustment—Terms.
Board of adjustment—Vacancies.
Board of adjustment—Removal.
Board of adjustment—Organization.
Board of adjustment—Meetings.
Board of adjustment—Rules and records.
Appropriation for planning agency, board of adjustment.
Accept gifts.
Conference and travel expenses—Commission members and
staff.
Public notice—Identification of affected property.
Statement of restrictions applicable to real property.
Comprehensive plan.
Comprehensive plan—Required elements.
Comprehensive plan—Amplification of required elements.
Comprehensive plan—Optional elements.
Comprehensive plan—Cooperation with affected agencies.
Comprehensive plan—Filing of copies.
Comprehensive plan—Public hearing required.
Comprehensive plan—Notice of hearing.
Comprehensive plan—Approval—Required vote—Record.
Comprehensive plan—Amendment.
Comprehensive plan—Referral to board.
Comprehensive plan—Board may initiate or change—
Notice.
Comprehensive plan—Board may approve or change—
Notice.
Planning agency—Relating projects to comprehensive plan.
Planning agency—Annual report.
Planning agency—Promotion of public interest in plan.
Planning agency—Cooperation with agencies.
Information to be furnished agency.
Planning regulations—Copies provided to county assessor.
Right of entry—Commission or planning staff.
Special referred matters—Reports.
Required submission of capital expenditure projects.
Relating capital expenditure projects to comprehensive plan.
Referral procedure—Reports.
Development regulations—Consistency with comprehensive
plan.
36.69.900
36.70.547
36.70.550
36.70.560
36.70.570
36.70.580
36.70.590
36.70.600
General aviation airports—Siting of incompatible uses.
Official controls.
Official controls—Forms of controls.
Official controls—Adoption.
Official controls—Public hearing by commission.
Official controls—Notice of hearing.
Official controls—Recommendation to board—Required
vote.
36.70.610 Official controls—Reference to board.
36.70.620 Official controls—Action by board.
36.70.630 Official controls—Board to conduct hearing, adopt findings
prior to incorporating changes in recommended control.
36.70.640 Official controls—Board may initiate.
36.70.650 Board final authority.
36.70.660 Procedures for adoption of controls limited to planning matters.
36.70.670 Enforcement—Official controls.
36.70.675 Child care facilities—Review of need and demand—
Adoption of ordinances.
36.70.677 Accessory apartments.
36.70.678 Conditional and special use permit applications by parties
licensed or certified by the department of social and
health services or the department of corrections—
Mediation prior to appeal required.
36.70.680 Subdividing and platting.
36.70.690 County improvements.
36.70.700 Planning agency—Time limit for report.
36.70.710 Final authority.
36.70.720 Prerequisite for zoning.
36.70.730 Text without map.
36.70.740 Zoning map—Progressive adoption.
36.70.750 Zoning—Types of regulations.
36.70.755 Residential care facilities—Review of need and demand—
Adoption of ordinances.
36.70.760 Establishing zones.
36.70.770 All regulations shall be uniform in each zone.
36.70.780 Classifying unmapped areas.
36.70.790 Interim zoning.
36.70.795 Moratoria, interim zoning controls—Public hearing—
Limitation on length.
36.70.800 Procedural amendments—Zoning ordinance.
36.70.810 Board of adjustment—Authority.
36.70.820 Board of adjustment—Quasi judicial powers.
36.70.830 Board of adjustment—Appeals—Time limit.
36.70.840 Board of adjustment—Notice of time and place of hearing
on conditional permit.
36.70.850 Board of adjustment—Appeal—Notice of time and place.
36.70.860 Board of adjustment—Scope of authority on appeal.
36.70.870 Zoning adjustor—Powers and duties.
36.70.880 Zoning adjustor—Action final unless appealed.
36.70.890 Board of adjustment—Action final—Writs.
36.70.900 Inclusion of findings of fact.
36.70.910 Short title.
36.70.920 Duties and responsibilities imposed by other acts.
36.70.930 Chapter alternative method.
36.70.940 Elective adoption.
36.70.970 Hearing examiner system—Adoption authorized—
Alternative—Functions—Procedures.
36.70.980 Conformance with chapter 43.97 RCW required.
36.70.982 Fish enhancement projects—County’s liability.
36.70.990 Treatment of residential structures occupied by persons with
handicaps.
36.70.992 Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by counties: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Alternative planning enabling act: Chapter 35.63 RCW.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
County, sewerage, water, and drainage systems as part of comprehensive
plan: Chapter 36.70 RCW.
[Title 36 RCW—page 159]
Chapter 36.70
Title 36 RCW: Counties
Expediting completion of industrial projects of statewide significance—
Planning requirements: RCW 43.157.020.
Joint operations by political subdivisions, deposit and control of funds:
RCW 43.09.285.
Unfit dwellings, buildings, and structures: Chapter 35.80 RCW.
36.70.010 Purpose and intent. The purpose and
intent of this chapter is to provide the authority for, and the
procedures to be followed in, guiding and regulating the
physical development of a county or region through correlating both public and private projects and coordinating
their execution with respect to all subject matters utilized in
developing and servicing land, all to the end of assuring the
highest standards of environment for living, and the operation of commerce, industry, agriculture and recreation, and
assuring maximum economies and conserving the highest
degree of public health, safety, morals and welfare. [1963
c 4 § 36.70.010. Prior: 1959 c 201 § 1.]
36.70.015 Expenditure of funds declared public
purpose. Regional planning under the provisions of this
chapter is hereby declared to be a proper public purpose for
the expenditure of the funds of counties, school districts,
public utility districts, housing authorities, port districts,
cities or towns or any other public organization interested in
regional planning. [1963 c 4 § 36.70.015. Prior: 1961 c
232 § 6.]
36.70.020 Definitions. The following words or terms
as used in this chapter shall have the following meaning
unless a different meaning is clearly indicated by the
context:
(1) "Approval by motion" is a means by which a board,
through other than by ordinance, approves and records
recognition of a comprehensive plan or amendments thereto.
(2) "Board" means the board of county commissioners.
(3) "Certification" means the affixing on any map or by
adding to any document comprising all or any portion of a
comprehensive plan a record of the dates of action thereon
by the commission and by the board, together with the signatures of the officer or officers authorized by ordinance to so
sign.
(4) "Commission" means a county or regional planning
commission.
(5) "Commissioners" means members of a county or
regional planning commission.
(6) "Comprehensive plan" means the policies and
proposals approved and recommended by the planning
agency or initiated by the board and approved by motion by
the board (a) as a beginning step in planning for the physical
development of the county; (b) as the means for coordinating
county programs and services; (c) as a source of reference
to aid in developing, correlating, and coordinating official
regulations and controls; and (d) as a means for promoting
the general welfare. Such plan shall consist of the required
elements set forth in RCW 36.70.330 and may also include
the optional elements set forth in RCW 36.70.350 which
shall serve as a policy guide for the subsequent public and
private development and official controls so as to present all
proposed developments in a balanced and orderly relation-
[Title 36 RCW—page 160]
ship to existing physical features and governmental functions.
(7) "Conditional use" means a use listed among those
classified in any given zone but permitted to locate only
after review by the board of adjustment, or zoning adjustor
if there be such, and the granting of a conditional use permit
imposing such performance standards as will make the use
compatible with other permitted uses in the same vicinity
and zone and assure against imposing excessive demands
upon public utilities, provided the county ordinances specify
the standards and criteria that shall be applied.
(8) "Department" means a planning department organized and functioning as any other department in any county.
(9) "Element" means one of the various categories of
subjects, each of which constitutes a component part of the
comprehensive plan.
(10) "Ex officio member" means a member of the
commission who serves by virtue of his official position as
head of a department specified in the ordinance creating the
commission.
(11) "Official controls" means legislatively defined and
enacted policies, standards, precise detailed maps and other
criteria, all of which control the physical development of a
county or any part thereof or any detail thereof, and are the
means of translating into regulations and ordinances all or
any part of the general objectives of the comprehensive plan.
Such official controls may include, but are not limited to,
ordinances establishing zoning, subdivision control, platting,
and adoption of detailed maps.
(12) "Ordinance" means a legislative enactment by a
board; in this chapter the word, "ordinance", is synonymous
with the term "resolution", as representing a legislative
enactment by a board of county commissioners.
(13) "Planning agency" means (a) a planning commission, together with its staff members, employees and
consultants, or (b) a department organized and functioning
as any other department in any county government together
with its planning commission.
(14) "Variance." A variance is the means by which an
adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property,
which property, because of special circumstances applicable
to it, is deprived of privileges commonly enjoyed by other
properties in the same vicinity and zone and which adjustment remedies disparity in privileges. [1963 c 4 §
36.70.020. Prior: 1959 c 201 § 2.]
36.70.025 "Solar energy system" defined. As used
in this chapter, "solar energy system" means any device or
combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in
addition to the collection of solar energy. These uses
include, but are not limited to, serving as a structural
member or part of a roof of a building or structure and
serving as a window or wall. [1979 ex.s. c 170 § 9.]
(2002 Ed.)
Planning Enabling Act
36.70.025
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy
systems: RCW 64.04.140.
ton to arrange for the receipt of federal funds and state funds
for planning in the interests of furthering the planning
program. [1963 c 4 § 36.70.060. Prior: 1961 c 232 § 1;
1959 c 201 § 6.]
36.70.030 Commission—Creation. By ordinance a
board may create a planning commission and provide for the
appointment by the commission of a director of planning.
[1963 c 4 § 36.70.030. Prior: 1959 c 201 § 3.]
Commission as employer for retirement system purposes: RCW 41.40.010.
36.70.040 Department—Creation—Creation of
commission to assist department. By ordinance a board
may, as an alternative to and in lieu of the creation of a
planning commission as provided in RCW 36.70.030, create
a planning department which shall be organized and function
as any other department of the county. When such department is created, the board shall also create a planning commission which shall assist the planning department in
carrying out its duties, including assistance in the preparation
and execution of the comprehensive plan and recommendations to the department for the adoption of official controls
and/or amendments thereto. To this end, the planning
commission shall conduct such hearings as are required by
this chapter and shall make findings and conclusions
therefrom which shall be transmitted to the department
which shall transmit the same on to the board with such
comments and recommendations it deems necessary. [1963
c 4 § 36.70.040. Prior: 1959 c 201 § 4.]
36.70.050 Authority for planning. Upon the creation
of a planning agency as authorized in RCW 36.70.030 and
36.70.040, a county may engage in a planning program as
defined by this chapter. Two or more counties may jointly
engage in a planning program as defined herein for their
combined areas. [1963 c 4 § 36.70.050. Prior: 1959 c 201
§ 5.]
36.70.060 Regional planning commission—
Appointment and powers. A county or a city may join
with one or more other counties, cities and towns, and/or
with one or more school districts, public utility districts,
private utilities, housing authorities, port districts, or any
other private or public organizations interested in regional
planning to form and organize a regional planning commission and provide for the administration of its affairs. Such
regional planning commission may carry on a planning
program involving the same subjects and procedures provided by this chapter for planning by counties, provided this
authority shall not include enacting official controls other
than by the individual participating municipal corporations.
The authority to initiate a regional planning program, define
the boundaries of the regional planning district, specify the
number, method of appointment and terms of office of
members of the regional planning commission and provide
for allocating the cost of financing the work shall be vested
individually in the governing bodies of the participating
municipal corporations.
Any regional planning commission or municipal
corporation participating in any regional planning district is
authorized to receive grants-in-aid from, or enter into
reasonable agreement with any department or agency of the
government of the United States or of the state of Washing(2002 Ed.)
36.70.070 Commission—Composition. Whenever a
commission is created by a county, it shall consist of five,
seven, or nine members as may be provided by ordinance:
PROVIDED, That where a commission, on June 10, 1959,
is operating with more than nine members, no further
appointments shall be made to fill vacancies for whatever
cause until the membership of the commission is reduced to
five, seven or nine, whichever is the number specified by the
county ordinance under this chapter. Departments of a
county may be represented on the commission by the head
of such departments as are designated in the ordinance creating the commission, who shall serve in an ex officio
capacity, but such ex officio members shall not exceed one
of a five-member commission, two of a seven-member
commission, or three of a nine-member commission. At no
time shall there be more than three ex officio members
serving on a commission: PROVIDED FURTHER, That in
lieu of one ex officio member, only, one employee of the
county other than a department head may be appointed to
serve as a member of the commission. [1963 c 4 §
36.70.070. Prior: 1959 c 201 § 7.]
36.70.080 Commission—Appointment—County.
The members of a commission shall be appointed by the
chairman of the board with the approval of a majority of the
board: PROVIDED, That each member of the board shall
submit to the chairman a list of nominees residing in his
commissioner district, and the chairman shall make his
appointments from such lists so that as nearly as mathematically possible, each commissioner district shall be equally
represented on the commission. [1963 c 4 § 36.70.080.
Prior: 1959 c 201 § 8.]
36.70.090 Commission—Membership—Terms—
Existing commissions. When a commission is created after
June 10, 1959, the first terms of the members of the commission consisting of five, seven, and nine members,
respectively, other than ex officio members, shall be as
follows:
(1) For a five-member commission—one, shall be
appointed for one year; one, for two years; one, for three
years; and two, for four years.
(2) For a seven-member commission—one, shall be
appointed for one year; two, for two years; two, for three
years; and two, for four years.
(3) For a nine-member commission—two, shall be
appointed for one year; two, for two years; two, for three
years; and three, for four years.
Thereafter, the successors to the first member shall be
appointed for four year terms: PROVIDED, That where the
commission includes one ex officio member, the number of
appointive members first appointed for a four year term shall
be reduced by one; if there are to be two ex officio members, the number of appointive members for the three year
and four year terms shall each be reduced by one; if there
[Title 36 RCW—page 161]
36.70.090
Title 36 RCW: Counties
are to be three ex officio members, the number of appointive
members for the four year term, the three year term, and the
two year term shall each be reduced by one. The term of an
ex officio member shall correspond to his official tenure:
PROVIDED FURTHER, That where a commission, on the
effective date of this chapter, is operating with members
appointed for longer than four year terms, such members
shall serve out the full term for which they were appointed,
but their successors, if any, shall be appointed for four year
terms. [1963 c 4 § 36.70.090. Prior: 1959 c 201 § 9.]
36.70.100 Commission—Vacancies. Vacancies
occurring for any reason other than the expiration of the
term shall be filled by appointment for the unexpired portion
of the term except if, on June 10, 1959, the unexpired
portion of a term is for more than four years the vacancy
shall be filled for a period of time that will obtain the
maximum staggered terms, but shall not exceed four years.
Vacancies shall be filled from the same commissioner
district as that of the vacating member. [1963 c 4 §
36.70.100. Prior: 1959 c 201 § 10.]
36.70.110 Commission—Removal. After public
hearing, any appointee member of a commission may be
removed by the chairman of the board, with the approval of
the board, for inefficiency, neglect of duty, or malfeasance
in office. [1963 c 4 § 36.70.110. Prior: 1959 c 201 § 11.]
36.70.120 Commission—Officers. Each commission
shall elect its chairman and vice chairman from among the
appointed members. The commission shall appoint a
secretary who need not be a member of the commission.
[1963 c 4 § 36.70.120. Prior: 1959 c 201 § 12.]
36.70.130 Planning agency—Meetings. Each
planning agency shall hold not less than one regular meeting
in each month: PROVIDED, That if no matters over which
the planning agency has jurisdiction are pending upon its
calendar, a meeting may be canceled. [1963 c 4 §
36.70.130. Prior: 1959 c 201 § 13.]
36.70.140 Planning agency—Rules and records.
Each planning agency shall adopt rules for the transaction of
its business and shall keep a public record of its transactions,
findings, and determinations. [1963 c 4 § 36.70.140. Prior:
1959 c 201 § 14.]
36.70.150 Planning agency—Joint meetings. Two
or more county planning agencies in any combination may
hold joint meetings and by approval of their respective
boards may have the same chairman. [1963 c 4 § 36.70.150.
Prior: 1959 c 201 § 15.]
36.70.160 Director—Appointment. If a director of
planning is provided for, he shall be appointed:
(1) By the commission when a commission is created
under RCW 36.70.030;
(2) If a planning department is established as provided
in RCW 36.70.040, then he shall be appointed by the board.
[1963 c 4 § 36.70.160. Prior: 1959 c 201 § 16.]
[Title 36 RCW—page 162]
36.70.170 Director—Employees. The director of
planning shall be authorized to appoint such employees as
are necessary to perform the duties assigned to him within
the budget allowed. [1963 c 4 § 36.70.170. Prior: 1959 c
201 § 17.]
36.70.180 Joint director. The boards of two or more
counties or the legislative bodies of other political subdivisions or special districts may jointly engage a single director
of planning and may authorize him to employ such other
personnel as may be necessary to carry out the joint planning
program. [1963 c 4 § 36.70.180. Prior: 1959 c 201 § 18.]
36.70.190 Special services. Each planning agency,
subject to the approval of the board, may employ or contract
with the planning consultants or other specialists for such
services as it requires. [1963 c 4 § 36.70.190. Prior: 1959
c 201 § 19.]
36.70.200 Board of adjustment—Creation—Zoning
adjustor. Whenever a board shall have created a planning
agency, it shall also by ordinance, coincident with the
enactment of a zoning ordinance, create a board of adjustment, and may establish the office of zoning adjustor:
PROVIDED, That any county that has prior to June 10,
1959, enacted a zoning ordinance, shall, within ninety days
thereof, create a board of adjustment. [1963 c 4 §
36.70.200. Prior: 1959 c 201 § 20.]
36.70.210 Board of adjustment—Membership—
Quorum. A board of adjustment shall consist of five or
seven members as may be provided by ordinance, and a
majority of the members shall constitute a quorum for the
transaction of all business. [1965 ex.s. c 24 § 1; 1963 c 4
§ 36.70.210. Prior: 1959 c 201 § 21.]
36.70.220 Board of adjustment—Appointment—
Appointment of zoning adjustor. The members of a board
of adjustment and the zoning adjustor shall be appointed in
the same manner as provided for the appointment of commissioners in RCW 36.70.080. One member of the board of
adjustment may be an appointee member of the commission.
[1963 c 4 § 36.70.220. Prior: 1959 c 201 § 22.]
36.70.230 Board of adjustment—Terms. If the
board of adjustment is to consist of three members, when it
is first appointed after June 10, 1959, the first terms shall be
as follows: One shall be appointed for one year; one, for
two years; and one, for three years. If it consists of five
members, when it is first appointed after June 10, 1959, the
first terms shall be as follows: One shall be appointed for
one year; one, for two years; one, for three years; one, for
four years; and one, for six years. Thereafter the terms shall
be for six years and until their successors are appointed and
qualified. [1963 c 4 § 36.70.230. Prior: 1959 c 201 § 23.]
36.70.240 Board of adjustment—Vacancies.
Vacancies in the board of adjustment shall be filled by
appointment in the same manner in which the commissioners
are appointed in RCW 36.70.080. Appointment shall be for
(2002 Ed.)
Planning Enabling Act
the unexpired portion of the term. [1963 c 4 § 36.70.240.
Prior: 1959 c 201 § 24.]
36.70.250 Board of adjustment—Removal. Any
member of the board of adjustment may be removed by the
chairman of the board with the approval of the board for
inefficiency, neglect of duty or malfeasance in office. [1963
c 4 § 36.70.250. Prior: 1959 c 201 § 25.]
36.70.260 Board of adjustment—Organization. The
board of adjustment shall elect a chairman and vice chairman
from among its members. The board of adjustment shall
appoint a secretary who need not be a member of the board.
[1963 c 4 § 36.70.260. Prior: 1959 c 201 § 26.]
36.70.270 Board of adjustment—Meetings. The
board of adjustment shall hold not less than one regular
meeting in each month of each year: PROVIDED, That if
no issues over which the board has jurisdiction are pending
upon its calendar, a meeting may be canceled. [1963 c 4 §
36.70.270. Prior: 1959 c 201 § 27.]
36.70.280 Board of adjustment—Rules and records.
The board of adjustment shall adopt rules for the transaction
of its business and shall keep a public record of its transactions, findings and determinations. [1963 c 4 § 36.70.280.
Prior: 1959 c 201 § 28.]
36.70.290 Appropriation for planning agency, board
of adjustment. The board shall provide the funds, equipment and accommodations necessary for the work of the
planning agency. Such appropriations may include funds for
joint ventures as set forth in RCW 36.70.180. The expenditures of the planning agency, exclusive of gifts, shall be
within the amounts appropriated for the respective purposes.
The provisions herein for financing the work of the planning
agencies shall also apply to the board of adjustment and the
zoning adjustor. [1963 c 4 § 36.70.290. Prior: 1959 c 201
§ 29.]
36.70.300 Accept gifts. The planning agency of a
county may accept gifts in behalf of the county to finance
any planning work authorized by law. [1963 c 4 §
36.70.300. Prior: 1959 c 201 § 30.]
36.70.310 Conference and travel expenses—
Commission members and staff. Members of planning
agencies shall inform themselves on matter affecting the
functions and duties of planning agencies. For that purpose,
and when authorized, such members may attend planning
conferences, meetings of planning executives or of technical
bodies; hearings on planning legislation or matters relating
to the work of the planning agency. The reasonable travel
expenses, registration fees and other costs incident to such
attendance at such meetings and conferences shall be charges
upon the funds allocated to the planning agency. In addition, members of a commission may also receive reasonable
travel expenses to and from their usual place of business to
the place of a regular meeting of the commission. The
planning agency may, when authorized, pay dues for
(2002 Ed.)
36.70.240
membership in organizations specializing in the subject of
planning. The planning agency may, when authorized,
subscribe to technical publications pertaining to planning.
[1963 c 4 § 36.70.310. Prior: 1959 c 201 § 31.]
36.70.315 Public notice—Identification of affected
property. Any notice made under chapter 36.70 RCW that
identifies affected property may identify this affected
property without using a legal description of the property
including, but not limited to, identification by an address,
written description, vicinity sketch, or other reasonable
means. [1988 c 168 § 11.]
36.70.317 Statement of restrictions applicable to
real property. (1) A property owner may make a written
request for a statement of restrictions applicable to a single
parcel, tract, lot, or block of real property located in an
unincorporated portion of a county to the county in which
the real property is located.
(2) Within thirty days of the receipt of the request, the
county shall provide the owner, by registered mail, with a
statement of restrictions as described in subsection (3) of this
section.
(3) The statement of restrictions shall include the
following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for
public hearing that would be applicable to the real property;
(c) Any designations made by the county pursuant to
chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area,
a frequently flooded area, and as a geological hazardous
area; and
(d) If information regarding the designations listed in (c)
of this subsection are not readily available, inform the owner
of the procedure by which the owner can obtain that sitespecific information from the county.
(4) If a county fails to provide the statement of restrictions within thirty days after receipt of the written request,
the owner shall be awarded recovery of all attorneys’ fees
and costs incurred in any successful application for a writ of
mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate
contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block:
(i) Containing a single-family residence that is occupied by
the owner or a member of his or her family, or rented to
another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any
liability on the part of a county. [1996 c 206 § 8.]
Effective date—1996 c 206 §§ 6-8: See note following RCW
35.21.475.
Findings—1996 c 206: See note following RCW 43.05.030.
[Title 36 RCW—page 163]
36.70.320
Title 36 RCW: Counties
36.70.320 Comprehensive plan. Each planning
agency shall prepare a comprehensive plan for the orderly
physical development of the county, or any portion thereof,
and may include any land outside its boundaries which, in
the judgment of the planning agency, relates to planning for
the county. The plan shall be referred to as the comprehensive plan, and, after hearings by the commission and
approval by motion of the board, shall be certified as the
comprehensive plan. Amendments or additions to the
comprehensive plan shall be similarly processed and certified.
Any comprehensive plan adopted for a portion of a
county shall not be deemed invalid on the ground that the
remainder of the county is not yet covered by a comprehensive plan. *This 1973 amendatory act shall also apply to
comprehensive plans adopted for portions of a county prior
to April 24, 1973. [1973 1st ex.s. c 172 § 1; 1963 c 4 §
36.70.320. Prior: 1959 c 201 § 32.]
*Reviser’s note: "This 1973 amendatory act" refers to 1973 1st ex.s.
c 172 § 1.
36.70.330 Comprehensive plan—Required elements.
The comprehensive plan shall consist of a map or maps, and
descriptive text covering objectives, principles and standards
used to develop it, and shall include each of the following
elements:
(1) A land use element which designates the proposed
general distribution and general location and extent of the
uses of land for agriculture, housing, commerce, industry,
recreation, education, public buildings and lands, and other
categories of public and private use of land, including a
statement of the standards of population density and building
intensity recommended for the various areas in the jurisdiction and estimates of future population growth in the area
covered by the comprehensive plan, all correlated with the
land use element of the comprehensive plan. The land use
element shall also provide for protection of the quality and
quantity of ground water used for public water supplies and
shall review drainage, flooding, and storm water run-off in
the area and nearby jurisdictions and provide guidance for
corrective actions to mitigate or cleanse those discharges that
pollute Puget Sound or waters entering Puget Sound;
(2) A circulation element consisting of the general
location, alignment and extent of major thoroughfares, major
transportation routes, trunk utility lines, and major terminal
facilities, all of which shall be correlated with the land use
element of the comprehensive plan;
(3) Any supporting maps, diagrams, charts, descriptive
material and reports necessary to explain and supplement the
above elements. [1985 c 126 § 3; 1984 c 253 § 3; 1963 c
4 § 36.70.330. Prior: 1959 c 201 § 33.]
36.70.340 Comprehensive plan—Amplification of
required elements. When the comprehensive plan containing the mandatory subjects as set forth in RCW 36.70.330
shall have been approved by motion by the board and
certified, it may thereafter be progressively amplified and
augmented in scope by expanding and increasing the general
provisions and proposals for all or any one of the required
elements set forth in RCW 36.70.330 and by adding provisions and proposals for the optional elements set forth in
[Title 36 RCW—page 164]
RCW 36.70.350. The comprehensive plan may also be
amplified and augmented in scope by progressively including
more completely planned areas consisting of natural homogeneous communities, distinctive geographic areas, or other
types of districts having unified interests within the total area
of the county. In no case shall the comprehensive plan,
whether in its entirety or area by area or subject by subject
be considered to be other than in such form as to serve as a
guide to the later development and adoption of official
controls. [1963 c 4 § 36.70.340. Prior: 1959 c 201 § 34.]
36.70.350 Comprehensive plan—Optional elements.
A comprehensive plan may include—
(1) a conservation element for the conservation, development and utilization of natural resources, including water
and its hydraulic force, forests, water sheds, soils, rivers and
other waters, harbors, fisheries, wild life, minerals and other
natural resources,
(2) a solar energy element for encouragement and
protection of access to direct sunlight for solar energy
systems,
(3) a recreation element showing a comprehensive
system of areas and public sites for recreation, natural
reservations, parks, parkways, beaches, playgrounds and
other recreational areas, including their locations and
proposed development,
(4) a transportation element showing a comprehensive
system of transportation, including general locations of rights
of way, terminals, viaducts and grade separations. This
element of the plan may also include port, harbor, aviation
and related facilities,
(5) a transit element as a special phase of transportation,
showing proposed systems of rail transit lines, including
rapid transit in any form, and related facilities,
(6) a public services and facilities element showing
general plans for sewerage, refuse disposal, drainage and
local utilities, and rights of way, easements and facilities for
such services,
(7) a public buildings element, showing general locations, design and arrangements of civic and community
centers, and showing locations of public schools, libraries,
police and fire stations and all other public buildings,
(8) a housing element, consisting of surveys and reports
upon housing conditions and needs as a means of establishing housing standards to be used as a guide in dealings with
official controls related to land subdivision, zoning, traffic,
and other related matters,
(9) a renewal and/or redevelopment element comprising
surveys, locations, and reports for the elimination of slums
and other blighted areas and for community renewal and/or
redevelopment, including housing sites, business and
industrial sites, public building sites and for other purposes
authorized by law,
(10) a plan for financing a capital improvement program,
(11) as a part of a comprehensive plan the commission
may prepare, receive and approve additional elements and
studies dealing with other subjects which, in its judgment,
relate to the physical development of the county. [1979 ex.s.
c 170 § 10; 1963 c 4 § 36.70.350. Prior: 1959 c 201 § 35.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
(2002 Ed.)
Planning Enabling Act
"Solar energy system" defined: RCW 36.70.025.
36.70.360 Comprehensive plan—Cooperation with
affected agencies. During the formulation of the comprehensive plan, and especially in developing a specialized
element of such comprehensive plan, the planning agency
may cooperate to the extent it deems necessary with such
authorities, departments or agencies as may have jurisdiction
over the territory or facilities for which plans are being
made, to the end that maximum correlation and coordination
of plans may be secured and properly located sites for all
public purposes may be indicated on the comprehensive plan.
[1963 c 4 § 36.70.360. Prior: 1959 c 201 § 36.]
36.70.370 Comprehensive plan—Filing of copies.
Whenever a planning agency has developed a comprehensive
plan, or any addition or amendment thereto, covering any
land outside of the boundaries of the county as provided in
RCW 36.70.320, copies of any features of the comprehensive plan extending into an adjoining jurisdiction shall for
purposes of information be filed with such adjoining jurisdiction. [1963 c 4 § 36.70.370. Prior: 1959 c 201 § 37.]
36.70.380 Comprehensive plan—Public hearing
required. Before approving all or any part of the comprehensive plan or any amendment, extension or addition
thereto, the commission shall hold at least one public hearing
and may hold additional hearings at the discretion of the
commission. [1963 c 4 § 36.70.380. Prior: 1959 c 201 §
38.]
36.70.390 Comprehensive plan—Notice of hearing.
Notice of the time, place and purpose of any public hearing
shall be given by one publication in a newspaper of general
circulation in the county and in the official gazette, if any,
of the county, at least ten days before the hearing. [1963 c
4 § 36.70.390. Prior: 1959 c 201 § 39.]
36.70.400 Comprehensive plan—Approval—
Required vote—Record. The approval of the comprehensive plan, or of any amendment, extension or addition
thereto, shall be by the affirmative vote of not less than a
majority of the total members of the commission. Such approval shall be by a recorded motion which shall incorporate
the findings of fact of the commission and the reasons for its
action and the motion shall refer expressly to the maps,
descriptive, and other matters intended by the commission to
constitute the plan or amendment, addition or extension
thereto. The indication of approval by the commission shall
be recorded on the map and descriptive matter by the
signatures of the chairman and the secretary of the commission and of such others as the commission in its rules may
designate. [1963 c 4 § 36.70.400. Prior: 1961 c 232 § 2;
1959 c 201 § 40.]
36.70.410 Comprehensive plan—Amendment.
When changed conditions or further studies by the planning
agency indicate a need, the commission may amend, extend
or add to all or part of the comprehensive plan in the manner
(2002 Ed.)
36.70.350
provided herein for approval in the first instance. [1963 c 4
§ 36.70.410. Prior: 1959 c 201 § 41.]
36.70.420 Comprehensive plan—Referral to board.
A copy of a comprehensive plan or any part, amendment,
extension of or addition thereto, together with the motion of
the planning agency approving the same, shall be transmitted
to the board for the purpose of being approved by motion
and certified as provided in this chapter. [1963 c 4 §
36.70.420. Prior: 1959 c 201 § 42.]
36.70.430 Comprehensive plan—Board may initiate
or change—Notice. When it deems it to be for the public
interest, or when it considers a change in the recommendations of the planning agency to be necessary, the board
may initiate consideration of a comprehensive plan, or any
element or part thereof, or any change in or addition to such
plan or recommendation. The board shall first refer the
proposed plan, change or addition to the planning agency for
a report and recommendation. Before making a report and
recommendation, the commission shall hold at least one
public hearing on the proposed plan, change or addition.
Notice of the time and place and purpose of the hearing shall
be given by one publication in a newspaper of general
circulation in the county and in the official gazette, if any,
of the county, at least ten days before the hearing. [1963 c
4 § 36.70.430. Prior: 1959 c 201 § 43.]
36.70.440 Comprehensive plan—Board may approve or change—Notice. After the receipt of the report
and recommendations of the planning agency on the matters
referred to in RCW 36.70.430, or after the lapse of the
prescribed time for the rendering of such report and recommendation by the commission, the board may approve by
motion and certify such plan, change or addition without
further reference to the commission: PROVIDED, That the
plan, change or addition conforms either to the proposal as
initiated by the county or the recommendation thereon by the
commission: PROVIDED FURTHER, That if the planning
agency has failed to report within a ninety day period, the
board shall hold at least one public hearing on the proposed
plan, change or addition. Notice of the time, place and purpose of the hearing shall be given by one publication in a
newspaper of general circulation in the county and in the
official gazette, if any, of the county, at least ten days before
the hearing. Thereafter, the board may proceed to approve
by motion and certify the proposed comprehensive plan or
any part, amendment or addition thereto. [1963 c 4 §
36.70.440. Prior: 1959 c 201 § 44.]
36.70.450 Planning agency—Relating projects to
comprehensive plan. After a board has approved by motion
and certified all or parts of a comprehensive plan for a
county or for any part of a county, the planning agency shall
use such plan as the basic source of reference and as a guide
in reporting upon or recommending any proposed project,
public or private, as to its purpose, location, form, alignment
and timing. The report of the planning agency on any project shall indicate wherein the proposed project does or does
not conform to the purpose of the comprehensive plan and
may include proposals which, if effected, would make the
[Title 36 RCW—page 165]
36.70.450
Title 36 RCW: Counties
project conform. If the planning agency finds that a proposed project reveals the justification or necessity for
amending the comprehensive plan or any part of it, it may
institute proceedings to accomplish such amendment, and in
its report to the board on the project shall note that appropriate amendments to the comprehensive plan, or part thereof,
are being initiated. [1963 c 4 § 36.70.450. Prior: 1959 c
201 § 45.]
36.70.460 Planning agency—Annual report. After
all or part of the comprehensive plan of a county has been
approved by motion and certified, the planning agency shall
render an annual report to the board on the status of the plan
and accomplishments thereunder. [1963 c 4 § 36.70.460.
Prior: 1959 c 201 § 46.]
36.70.470 Planning agency—Promotion of public
interest in plan. Each planning agency shall endeavor to
promote public interest in, and understanding of, the comprehensive plan and its purpose, and of the official controls
related to it. [1963 c 4 § 36.70.470. Prior: 1959 c 201 §
47.]
36.70.480 Planning agency—Cooperation with
agencies. Each planning agency shall, to the extent it deems
necessary, cooperate with officials and agencies, public
utility companies, civic, educational, professional and other
organizations and citizens generally with relation to carrying
out the purpose of the comprehensive plan. [1963 c 4 §
36.70.480. Prior: 1959 c 201 § 48.]
36.70.490 Information to be furnished agency.
Upon request, all public officials or agencies shall furnish to
the planning agency within a reasonable time such available
information as is required for the work of the planning
agency. [1963 c 4 § 36.70.490. Prior: 1959 c 201 § 49.]
36.70.495 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a county planning under
RCW 36.70A.040 shall provide to the county assessor a
copy of the county’s comprehensive plan and development
regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following
year. [1996 c 254 § 5.]
36.70.500 Right of entry—Commission or planning
staff. In the performance of their functions and duties, duly
authorized members of a commission or planning staff may
enter upon any land and make examinations and surveys:
PROVIDED, That such entries, examinations and surveys do
not damage or interfere with the use of the land by those
persons lawfully entitled to the possession thereof. [1963 c
4 § 36.70.500. Prior: 1959 c 201 § 50.]
36.70.510 Special referred matters—Reports. By
general or special rule the board creating a planning agency
may provide that other matters shall be referred to the
planning agency before final action is taken thereupon by the
board or officer having final authority on the matter, and
[Title 36 RCW—page 166]
final action thereon shall not be taken upon the matter so
referred until the planning agency has submitted its report
within such period of time as the board shall designate. In
reporting upon the matters referred to in this section the
planning agency may make such investigations, maps,
reports and recommendations as it deems desirable. [1963
c 4 § 36.70.510. Prior: 1959 c 201 § 51.]
36.70.520 Required submission of capital expenditure projects. At least five months before the end of each
fiscal year each county officer, department, board or commission and each governmental body whose jurisdiction lies
entirely within the county, except incorporated cities and
towns, whose functions include preparing and recommending
plans for, or constructing major public works, shall submit
to the respective planning agency a list of the proposed
public works being recommended for initiation or construction during the ensuing fiscal year. [1963 c 4 § 36.70.520.
Prior: 1959 c 201 § 52.]
36.70.530 Relating capital expenditure projects to
comprehensive plan. The planning agency shall list all
such matters referred to in RCW 36.70.520 and shall prepare
for and submit a report to the board which report shall set
forth how each proposed project relates to all other proposed
projects on the list and to all features in the comprehensive
plan both as to location and timing. The planning agency
shall report to the board through the planning director if
there be such. [1963 c 4 § 36.70.530. Prior: 1959 c 201 §
53.]
36.70.540 Referral procedure—Reports. Whenever
a county legislative authority has approved by motion and
certified all or part of a comprehensive plan, no road, square,
park or other public ground or open space shall be acquired
by dedication or otherwise and no public building or
structure shall be constructed or authorized to be constructed
in the area to which the comprehensive plan applies until its
location, purpose and extent has been submitted to and
reported upon by the planning agency. The report by the
planning agency shall set forth the manner and the degree to
which the proposed project does or does not conform to the
objectives of the comprehensive plan. If final authority is
vested by law in some governmental officer or body other
than the county legislative authority, such officer or governmental body shall report the project to the planning agency
and the planning agency shall render its report to such
officer or governmental body. In both cases the report of
the planning agency shall be advisory only. Failure of the
planning agency to report on such matter so referred to it
within forty days or such longer time as the county legislative authority or other governmental officer or body may
indicate, shall be deemed to be approval. [1991 c 363 § 80;
1963 c 4 § 36.70.540. Prior: 1959 c 201 § 54.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.70.545 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each county that does not plan
under RCW 36.70A.040 shall not be inconsistent with the
(2002 Ed.)
Planning Enabling Act
county’s comprehensive plan. For the purposes of this
section, "development regulations" has the same meaning as
set forth in RCW 36.70A.030. [1990 1st ex.s. c 17 § 24.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
36.70.547 General aviation airports—Siting of
incompatible uses. Every county, city, and town in which
there is located a general aviation airport that is operated for
the benefit of the general public, whether publicly owned or
privately owned public use, shall, through its comprehensive
plan and development regulations, discourage the siting of
incompatible uses adjacent to such general aviation airport.
Such plans and regulations may only be adopted or amended
after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports,
and the aviation division of the department of transportation.
All proposed and adopted plans and regulations shall be filed
with the aviation division of the department of transportation
within a reasonable time after release for public consideration and comment. Each county, city, and town may obtain
technical assistance from the aviation division of the department of transportation to develop plans and regulations
consistent with this section.
Any additions or amendments to comprehensive plans
or development regulations required by this section may be
adopted during the normal course of land-use proceedings.
This section applies to every county, city, and town,
whether operating under chapter 35.63, 35A.63, 36.70, [or]
36.70A RCW, or under a charter. [1996 c 239 § 2.]
36.70.550 Official controls. From time to time, the
planning agency may, or if so requested by the board shall,
cause to be prepared official controls which, when adopted
by ordinance by the board, will further the objectives and
goals of the comprehensive plan. The planning agency may
also draft such regulations, programs and legislation as may,
in its judgment, be required to preserve the integrity of the
comprehensive plan and assure its systematic execution, and
the planning agency may recommend such plans, regulations,
programs and legislation to the board for adoption. [1963 c
4 § 36.70.550. Prior: 1959 c 201 § 55.]
36.70.560 Official controls—Forms of controls.
Official controls may include:
(1) Maps showing the exact boundaries of zones within
each of which separate controls over the type and degree of
permissible land uses are defined;
(2) Maps for streets showing the exact alignment,
gradients, dimensions and other pertinent features, and
including specific controls with reference to protecting such
accurately defined future rights of way against encroachment
by buildings, other physical structures or facilities;
(3) Maps for other public facilities, such as parks, playgrounds, civic centers, etc., showing exact location, size,
boundaries and other related features, including appropriate
regulations protecting such future sites against encroachment
by buildings and other physical structures or facilities;
(4) Specific regulations and controls pertaining to other
subjects incorporated in the comprehensive plan or establishing standards and procedures to be employed in land
(2002 Ed.)
36.70.545
development including, but not limited to, subdividing of
land and the approval of land plats and the preservation of
streets and lands for other public purposes requiring future
dedication or acquisition and general design of physical
improvements, and the encouragement and protection of
access to direct sunlight for solar energy systems. [1979
ex.s. c 170 § 11; 1963 c 4 § 36.70.560. Prior: 1959 c 201
§ 56.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
"Solar energy system" defined: RCW 36.70.025.
36.70.570 Official controls—Adoption. Official
controls shall be adopted by ordinance and shall further the
purpose and objectives of a comprehensive plan and parts
thereof. [1963 c 4 § 36.70.570. Prior: 1959 c 201 § 57.]
36.70.580 Official controls—Public hearing by
commission. Before recommending an official control or
amendment to the board for adoption, the commission shall
hold at least one public hearing. [1963 c 4 § 36.70.580.
Prior: 1959 c 201 § 58.]
36.70.590 Official controls—Notice of hearing.
Notice of the time, place and purpose of the hearing shall be
given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the
county at least ten days before the hearing. The board may
prescribe additional methods for providing notice. [1963 c
4 § 36.70.590. Prior: 1959 c 201 § 59.]
36.70.600 Official controls—Recommendation to
board—Required vote. The recommendation to the board
of any official control or amendments thereto by the planning agency shall be by the affirmative vote of not less than
a majority of the total members of the commission. Such
approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons
for its action and the motion shall refer expressly to the
maps, descriptive and other matters intended by the commission to constitute the plan, or amendment, addition or
extension thereto. The indication of approval by the commission shall be recorded on the map and descriptive matter
by the signatures of the chairman and the secretary of the
commission and of such others as the commission in its rules
may designate. [1963 c 4 § 36.70.600. Prior: 1961 c 232
§ 3; 1959 c 201 § 60.]
36.70.610 Official controls—Reference to board. A
copy of any official control or amendment recommended
pursuant to RCW 36.70.550, 36.70.560, 36.70.570 and
36.70.580 shall be submitted to the board not later than
fourteen days following the action by the commission and
shall be accompanied by the motion of the planning agency
approving the same, together with a statement setting forth
the factors considered at the hearing, and analysis of findings
considered by the commission to be controlling. [1963 c 4
§ 36.70.610. Prior: 1961 c 232 § 4; 1959 c 201 § 61.]
36.70.620 Official controls—Action by board. Upon
receipt of any recommended official control or amendment
[Title 36 RCW—page 167]
36.70.620
Title 36 RCW: Counties
thereto, the board shall at its next regular public meeting set
the date for a public meeting where it may, by ordinance,
adopt or reject the official control or amendment. [1963 c
4 § 36.70.620. Prior: 1959 c 201 § 62.]
36.70.630 Official controls—Board to conduct
hearing, adopt findings prior to incorporating changes in
recommended control. If after considering the matter at a
public meeting as provided in RCW 36.70.620 the board
deems a change in the recommendations of the planning
agency to be necessary, the change shall not be incorporated
in the recommended control until the board shall conduct its
own public hearing, giving notice thereof as provided in
RCW 36.70.590, and it shall adopt its own findings of fact
and statement setting forth the factors considered at the hearing and its own analysis of findings considered by it to be
controlling. [1963 c 4 § 36.70.630. Prior: 1961 c 232 § 5;
1959 c 201 § 63.]
36.70.640 Official controls—Board may initiate.
When it deems it to be for the public interest, the board may
initiate consideration of an ordinance establishing an official
control, or amendments to an existing official control,
including those specified in RCW 36.70.560. The board
shall first refer the proposed official control or amendment
to the planning agency for report which shall, thereafter, be
considered and processed in the same manner as that set
forth in RCW 36.70.630 regarding a change in the recommendation of the planning agency. [1963 c 4 § 36.70.640.
Prior: 1959 c 201 § 64.]
36.70.650 Board final authority. The report and
recommendation by the planning agency, whether on a
proposed control initiated by it, whether on a matter referred
back to it by the board for further report, or whether on a
matter initiated by the board, shall be advisory only and the
final determination shall rest with the board. [1963 c 4 §
36.70.650. Prior: 1959 c 201 § 65.]
36.70.660 Procedures for adoption of controls
limited to planning matters. The provisions of this chapter
with references to the procedures to be followed in the
adoption of official controls shall apply only to establishing
official controls pertaining to subjects set forth in RCW
36.70.560. [1963 c 4 § 36.70.660. Prior: 1959 c 201 § 66.]
36.70.670 Enforcement—Official controls. The
board may determine and establish administrative rules and
procedures for the application and enforcement of official
controls, and may assign or delegate such administrative
functions, powers and duties to such department or official
as may be appropriate. [1963 c 4 § 36.70.670. Prior: 1959
c 201 § 67.]
36.70.675 Child care facilities—Review of need and
demand—Adoption of ordinances. Each county that does
not provide for the siting of family day care homes in zones
that are designated for single family or other residential uses,
and for the siting of mini-day care centers and day care centers in zones that are designated for any residential or
[Title 36 RCW—page 168]
commercial uses, shall conduct a review of the need and
demand for child care facilities, including the cost of any
conditional or special use permit that may be required. The
review shall be completed by August 30, 1990. A copy of
the findings, conclusions, and recommendations resulting
from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 335 § 6.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 36.70.675: See RCW 35.63.170.
36.70.677 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993
c 478 § 10.]
36.70.678 Conditional and special use permit
applications by parties licensed or certified by the
department of social and health services or the department of corrections—Mediation prior to appeal required.
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter
that is requested by a party that is licensed or certified by
the department of social and health services or the department of corrections is subject to mediation under RCW
35.63.260 before an appeal may be filed. [1998 c 119 § 3.]
36.70.680 Subdividing and platting. The planning
agency shall review all proposed land plats and subdivisions
and make recommendations to the board thereon with
reference to approving, or recommending any modifications
necessary to assure conformance to the general purposes of
the comprehensive plan and to standards and specifications
established by state law or local controls. [1963 c 4 §
36.70.680. Prior: 1959 c 201 § 68.]
36.70.690 County improvements. No county shall
improve any street or lay or authorize the laying of sewers
or connections or other improvements to be laid in any street
within any territory for which the board has adopted an
official control in the form of precise street map or maps,
until the matter has been referred to the planning agency by
the department or official having jurisdiction for a report
thereon and a copy of the report has been filed with the
department or official making the reference unless one of the
following conditions apply:
(1) The street has been accepted, opened, or has
otherwise received legal status of a public street;
(2) It corresponds with and conforms to streets shown
on the official controls applicable to the subject;
(2002 Ed.)
Planning Enabling Act
(3) It corresponds with and conforms to streets shown
on a subdivision (land plat) approved by the board. [1963
c 4 § 36.70.690. Prior: 1959 c 201 § 69.]
36.70.700 Planning agency—Time limit for report.
Failure of the planning agency to report on the matters
referred to in RCW 36.70.690 within forty days after the
reference, or such longer period as may be designated by the
board, department or official making the reference, shall be
deemed to be approval of such matter. [1963 c 4 §
36.70.700. Prior: 1959 c 201 § 70.]
36.70.710 Final authority. Reports and recommendations by the planning agency on all matters shall be advisory
only, and final determination shall rest with the administrative body, official, or the board whichever has authority to
decide under applicable law. [1963 c 4 § 36.70.710. Prior:
1959 c 201 § 71.]
36.70.720 Prerequisite for zoning. Zoning maps as
an official control may be adopted only for areas covered by
a comprehensive plan containing not less than a land use
element and a circulation element. Zoning ordinances and
maps adopted prior to June 10, 1959, are hereby validated,
provided only that at the time of their enactment the comprehensive plan for the county existed according to law applicable at that time. [1963 c 4 § 36.70.720. Prior: 1959 c 201
§ 72.]
36.70.730 Text without map. The text of a zoning
ordinance may be prepared and adopted in the absence of a
comprehensive plan providing no zoning map or portion of
a zoning map may be adopted thereunder until there has
been compliance with the provisions of RCW 36.70.720.
[1963 c 4 § 36.70.730. Prior: 1959 c 201 § 73.]
36.70.740 Zoning map—Progressive adoption.
Because of practical considerations, the total area of a
county to be brought under the control of zoning may be
divided into areas possessing geographical, topographical or
urban identity and such divisions may be progressively and
separately officially mapped. [1963 c 4 § 36.70.740. Prior:
1959 c 201 § 74.]
36.70.750 Zoning—Types of regulations. Any board,
by ordinance, may establish classifications, within each of
which, specific controls are identified, and which will:
(1) Regulate the use of buildings, structures, and land as
between agriculture, industry, business, residence, and other
purposes;
(2) Regulate location, height, bulk, number of stories
and size of buildings and structures; the size of yards, courts,
and other open spaces; the density of population; the
percentage of a lot which may be occupied by buildings and
structures; and the area required to provide off-street
facilities for the parking of motor vehicles. [1963 c 4 §
36.70.750. Prior: 1959 c 201 § 75.]
36.70.755 Residential care facilities—Review of
need and demand—Adoption of ordinances. Each county
(2002 Ed.)
36.70.690
that does not provide for the siting of residential care
facilities in zones that are designated for single family or
other residential uses, shall conduct a review of the need and
demand for the facilities, including the cost of any conditional or special use permit that may be required. The review
shall be completed by August 30, 1990. A copy of the
findings, conclusions, and recommendations resulting from
the review shall be sent to the *department of community
development by September 30, 1990.
On or before June 30, 1991, each municipality that
plans and zones under this chapter shall have adopted an
ordinance or ordinances that are necessary to implement the
findings of this review, if the findings indicate that such
changes are necessary, or shall notify the *department of
community development as to why such implementing
ordinances were not adopted. [1989 c 427 § 38.]
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic
development were transferred to the department of community, trade, and
economic development by 1993 c 280, effective July 1, 1994.
Severability—1989 c 427: See RCW 74.39.900.
36.70.760 Establishing zones. For the purpose set
forth in RCW 36.70.750 the county may divide a county, or
portions thereof, into zones which, by number, shape, area
and classification are deemed to be best suited to carry out
the purposes of this chapter. [1963 c 4 § 36.70.760. Prior:
1959 c 201 § 76.]
36.70.770 All regulations shall be uniform in each
zone. All regulations shall be uniform in each zone, but the
regulations in one zone may differ from those in other zones.
[1963 c 4 § 36.70.770. Prior: 1959 c 201 § 77.]
36.70.780 Classifying unmapped areas. After the
adoption of the first map provided for in RCW 36.70.740,
and pending the time that all property within a county can be
precisely zoned through the medium of a zoning map, all
properties not so precisely zoned by map shall be given a
classification affording said properties such broad protective
controls as may be deemed appropriate and necessary to
serve public and private interests. Such controls shall be
clearly set forth in the zoning ordinance in the form of a
zone classification, and such classification shall apply to
such areas until they shall have been included in the detailed
zoning map in the manner provided for the adoption of a
zoning map. [1963 c 4 § 36.70.780. Prior: 1959 c 201 §
78.]
36.70.790 Interim zoning. If the planning agency in
good faith, is conducting or intends to conduct studies within
a reasonable time for the purpose of, or is holding a hearing
for the purpose of, or has held a hearing and has recommended to the board the adoption of any zoning map or
amendment or addition thereto, or in the event that new
territory for which no zoning may have been adopted as set
forth in RCW 36.70.800 may be annexed to a county, the
board, in order to protect the public safety, health and
general welfare may, after report from the commission,
adopt as an emergency measure a temporary interim zoning
map the purpose of which shall be to so classify or regulate
[Title 36 RCW—page 169]
36.70.790
Title 36 RCW: Counties
uses and related matters as constitute the emergency. [1963
c 4 § 36.70.790. Prior: 1959 c 201 § 79.]
36.70.795 Moratoria, interim zoning controls—
Public hearing—Limitation on length. A board that
adopts a moratorium, interim zoning map, interim zoning
ordinance, or interim official control without holding a
public hearing on the proposed moratorium, interim zoning
map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium,
interim zoning map, interim zoning ordinance, or interim
official control within at least sixty days of its adoption,
whether or not the board received a recommendation on the
matter from the commission or department. If the board
does not adopt findings of fact justifying its action before
this hearing, then the board shall do so immediately after
this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted
under this section may be effective for not longer than six
months, but may be effective for up to one year if a work
plan is developed for related studies providing for such a
longer period. A moratorium, interim zoning map, interim
zoning ordinance, or interim official control may be renewed
for one or more six-month periods if a subsequent public
hearing is held and findings of fact are made prior to each
renewal. [1992 c 207 § 4.]
36.70.800 Procedural amendments—Zoning ordinance. An amendment to the text of a zoning ordinance
which does not impose, remove or modify any regulation
theretofore existing and affecting the zoning status of land
shall be processed in the same manner prescribed by this
chapter for the adoption of an official control except that no
public hearing shall be required either by the commission or
the board. [1963 c 4 § 36.70.800. Prior: 1959 c 201 § 80.]
36.70.810 Board of adjustment—Authority. The
board of adjustment, subject to appropriate conditions and
safeguards as provided by the zoning ordinance or the
ordinance establishing the board of adjustment, if there be
such, shall hear and decide:
(1) Applications for conditional uses or other permits
when the zoning ordinance sets forth the specific uses to be
made subject to conditional use permits and establishes
criteria for determining the conditions to be imposed;
(2) Application for variances from the terms of the
zoning ordinance: PROVIDED, That any variance granted
shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of
special privilege inconsistent with the limitations upon other
properties in the vicinity and zone in which subject property
is situated, and that the following circumstances are found to
apply;
(a) because of special circumstances applicable to
subject property, including size, shape, topography, location
or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and
privileges enjoyed by other properties in the vicinity and
under identical zone classification;
(b) that the granting of the variance will not be materially detrimental to the public welfare or injurious to the
[Title 36 RCW—page 170]
property or improvements in the vicinity and zone in which
subject property is situated.
(3) Appeals, where it is alleged by the applicant that
there is error in any order, requirement, permit, decision, or
determination made by an administrative official in the
administration or enforcement of this chapter or any ordinance adopted pursuant to it. [1963 c 4 § 36.70.810. Prior:
1959 c 201 § 81.]
36.70.820 Board of adjustment—Quasi judicial
powers. The board of adjustment may also exercise such
other quasi judicial powers as may be granted by county
ordinance. [1963 c 4 § 36.70.820. Prior: 1959 c 201 § 82.]
36.70.830 Board of adjustment—Appeals—Time
limit. Appeals may be taken to the board of adjustment by
any person aggrieved, or by any officer, department, board
or bureau of the county affected by any decision of an
administrative official. Such appeals shall be filed in writing
in duplicate with the board of adjustment within twenty days
of the date of the action being appealed. [1963 c 4 §
36.70.830. Prior: 1959 c 201 § 83.]
36.70.840 Board of adjustment—Notice of time and
place of hearing on conditional permit. Upon the filing of
an application for a conditional use permit or a variance as
set forth in RCW 36.70.810, the board of adjustment shall
set the time and place for a public hearing on such matter,
and written notice thereof shall be addressed through the
United States mail to all property owners of record within a
radius of three hundred feet of the exterior boundaries of
subject property. The written notice shall be mailed not less
than twelve days prior to the hearing. [1963 c 4 §
36.70.840. Prior: 1959 c 201 § 84.]
36.70.850 Board of adjustment—Appeal—Notice of
time and place. Upon the filing of an appeal from an
administrative determination, or from the action of the
zoning adjustor, the board of adjustment shall set the time
and place at which the matter will be considered. At least
a ten day notice of such time and place together with one
copy of the written appeal, shall be given to the official
whose decision is being appealed. At least ten days notice
of the time and place shall also be given to the adverse
parties of record in the case. The officer from whom the
appeal is being taken shall forthwith transmit to the board of
adjustment all of the records pertaining to the decision being
appealed from, together with such additional written report
as he deems pertinent. [1963 c 4 § 36.70.850. Prior: 1959
c 201 § 85.]
36.70.860 Board of adjustment—Scope of authority
on appeal. In exercising the powers granted by RCW
36.70.810 and 36.70.820, the board of adjustment may, in
conformity with this chapter, reverse or affirm, wholly or in
part, or may modify the order, requirement, decision or
determination appealed from, and may make such order,
requirement, decision or determination as should be made
and, to that end, shall have all the powers of the officer from
whom the appeal is taken, insofar as the decision on the
(2002 Ed.)
Planning Enabling Act
36.70.860
particular issue is concerned. [1963 c 4 § 36.70.860. Prior:
1959 c 201 § 86.]
36.32.120(7), and by compliance with the provisions of this
chapter. [1963 c 4 § 36.70.940. Prior: 1959 c 201 § 94.]
36.70.870 Zoning adjustor—Powers and duties. If
the office of zoning adjustor is established as provided in
this chapter, all of the provisions of this chapter defining the
powers, duties, and procedures of the board of adjustment
shall also apply to the zoning adjustor. [1963 c 4 §
36.70.870. Prior: 1959 c 201 § 87.]
36.70.970 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1) As
an alternative to those provisions of this chapter relating to
powers or duties of the planning commission to hear and
issue recommendations on applications for plat approval and
applications for amendments to the zoning ordinance, the
county legislative authority may adopt a hearing examiner
system under which a hearing examiner or hearing examiners
may hear and issue decisions on proposals for plat approval
and for amendments to the zoning ordinance when the
amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a
hearing examiner the power to hear and decide those issues
it believes should be reviewed and decided by a hearing
examiner, including but not limited to:
(a) Applications for conditional uses, variances, shoreline permits, or any other class of applications for or
pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative authority shall prescribe procedures to be
followed by a hearing examiner.
Any county which vests in a hearing examiner the
authority to hear and decide conditional uses and variances
shall not be required to have a zoning adjuster or board of
adjustment.
(2) Each county legislative authority electing to use a
hearing examiner pursuant to this section shall by ordinance
specify the legal effect of the decisions made by the examiner. Such legal effect may vary for the different classes of
applications decided by the examiner but shall include one
of the following:
(a) The decision may be given the effect of a recommendation to the legislative authority;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to
the legislative authority; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative authority.
(3) Each final decision of a hearing examiner shall be
in writing and shall include findings and conclusions, based
on the record, to support the decision. Such findings and
conclusions shall also set forth the manner in which the
decision would carry out and conform to the county’s
comprehensive plan and the county’s development regulations. Each final decision of a hearing examiner, unless a
longer period is mutually agreed to in writing by the
applicant and the hearing examiner, shall be rendered within
ten working days following conclusion of all testimony and
hearings. [1995 c 347 § 425; 1994 c 257 § 9; 1977 ex.s. c
213 § 3.]
36.70.880 Zoning adjustor—Action final unless
appealed. The action by the zoning adjustor on all matters
coming before him shall be final and conclusive unless
within ten days after the zoning adjustor has made his order,
requirement, decision or determination, an appeal in writing
is filed with the board of adjustment. Such an appeal may
be taken by the original applicant, or by opponents of record
in the case. [1963 c 4 § 36.70.880. Prior: 1959 c 201 §
88.]
36.70.890 Board of adjustment—Action final—
Writs. The action by the board of adjustment on an
application for a conditional use permit or a variance, or on
an appeal from the decision of the zoning adjustor or an
administrative officer shall be final and conclusive unless
within ten days from the date of said action the original
applicant or an adverse party makes application to a court of
competent jurisdiction for a writ of certiorari, a writ of prohibition or a writ of mandamus. [1963 c 4 § 36.70.890.
Prior: 1959 c 201 § 89.]
36.70.900 Inclusion of findings of fact. Both the
board of adjustment and the zoning adjustor shall, in making
an order, requirement, decision or determination, include in
a written record of the case the findings of fact upon which
the action is based. [1963 c 4 § 36.70.900. Prior: 1959 c
201 § 90.]
36.70.910 Short title. This chapter shall be known as
the "Planning Enabling Act of the State of Washington".
[1963 c 4 § 36.70.910. Prior: 1959 c 201 § 91.]
36.70.920 Duties and responsibilities imposed by
other acts. Any duties and responsibilities which by other
acts are imposed upon a planning commission shall, after
June 10, 1959, be performed by a planning agency however
constituted. [1963 c 4 § 36.70.920. Prior: 1959 c 201 §
92.]
36.70.930 Chapter alternative method. This chapter
shall not repeal, amend, or modify any other law providing
for planning methods but shall be deemed an alternative
method providing for such purpose. [1963 c 4 § 36.70.930.
Prior: 1959 c 201 § 93.]
36.70.940 Elective adoption. Any county or counties
presently operating under the provisions of chapter 35.63
RCW may elect to operate henceforth under the provisions
of this chapter. Such election shall be effected by the adoption of an ordinance under the procedure prescribed by RCW
(2002 Ed.)
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
[Title 36 RCW—page 171]
36.70.980
Title 36 RCW: Counties
Comprehensive plans—Optional elements.
Comprehensive plans—Innovative techniques.
Comprehensive plans—Must be coordinated.
State agencies required to comply with comprehensive plans.
Comprehensive plans—Development regulations—
Transmittal to state.
36.70A.110 Comprehensive plans—Urban growth areas.
36.70A.120 Planning activities and capital budget decisions—
Implementation in conformity with comprehensive plan.
36.70A.130 Comprehensive plans—Review—Amendments.
36.70A.131 Mineral resource lands—Review of related designations and
development regulations.
36.70A.140 Comprehensive plans—Ensure public participation.
36.70A.150 Identification of lands useful for public purposes.
36.70.982 Fish enhancement projects—County’s
36.70A.160 Identification of open space corridors—Purchase authorized.
36.70A.165 Property designated as greenbelt or open space—Not subject
liability. A county is not liable for adverse impacts resultto adverse possession.
ing from a fish enhancement project that meets the criteria
36.70A.170 Natural resource lands and critical areas—Designations.
of *RCW 75.20.350 and has been permitted by the depart36.70A.172 Critical areas—Designation and protection—Best available
ment of fish and wildlife. [1998 c 249 § 8.]
science to be used.
36.70A.175 Wetlands to be delineated in accordance with manual.
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
36.70A.177 Agricultural lands—Innovative zoning techniques.
pursuant to 2000 c 107 § 129.
36.70A.180 Report on planning progress.
Findings—Purpose—Report—Effective date—1998 c 249: See
36.70A.190 Technical assistance, procedural criteria, grants, and medianotes following RCW 77.55.290.
tion services.
36.70A.200 Siting of essential public facilities—Limitation on liability.
36.70A.210 County-wide planning policies.
36.70.990 Treatment of residential structures
36.70A.215 Review and evaluation program.
occupied by persons with handicaps. No county may
36.70A.250 Growth management hearings boards.
enact or maintain an ordinance, development regulation,
36.70A.260 Growth management hearings boards—Qualifications.
zoning regulation or official control, policy, or administrative
36.70A.270 Growth management hearings boards—Conduct, procedure,
and compensation.
practice which treats a residential structure occupied by
36.70A.280 Matters subject to board review.
persons with handicaps differently than a similar residential
36.70A.290 Petitions to growth management hearings boards—Evidence.
structure occupied by a family or other unrelated individuals.
36.70A.295 Direct judicial review.
As used in this section, "handicaps" are as defined in the
36.70A.300 Final orders.
federal fair housing amendments act of 1988 (42 U.S.C. Sec.
36.70A.302 Determination of invalidity—Vesting of development permits—Interim controls.
3602). [1993 c 478 § 22.]
36.70A.305 Expedited review.
36.70A.310 Limitations on appeal by the state.
36.70.992 Watershed restoration projects—Permit
36.70A.320 Presumption of validity—Burden of proof—Plans and regulations.
processing—Fish habitat enhancement project. A permit
36.70A.3201 Intent—Finding—1997 c 429 § 20(3).
required under this chapter for a watershed restoration
36.70A.330 Noncompliance.
project as defined in RCW 89.08.460 shall be processed in
36.70A.335 Order of invalidity issued before July 27, 1997.
compliance with RCW 89.08.450 through 89.08.510. A fish
36.70A.340 Noncompliance and sanctions.
36.70A.345 Sanctions.
habitat enhancement project meeting the criteria of *RCW
36.70A.350 New fully contained communities.
75.20.350(1) shall be reviewed and approved according to
36.70A.360 Master planned resorts.
the provisions of *RCW 75.20.350. [1998 c 249 § 7; 1995
36.70A.362 Master planned resorts—Existing resort may be included.
c 378 § 10.]
36.70A.365 Major industrial developments.
36.70A.367 Major industrial developments—Master planned locations.
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
36.70A.370 Protection of private property.
pursuant to 2000 c 107 § 129.
36.70A.380 Extension of designation date.
Findings—Purpose—Report—Effective date—1998 c 249: See
36.70A.385 Environmental planning pilot projects.
notes following RCW 77.55.290.
36.70A.390 Moratoria, interim zoning controls—Public hearing—
Limitation on length—Exceptions.
36.70A.400 Accessory apartments.
Chapter 36.70A
36.70A.410 Treatment of residential structures occupied by persons with
handicaps.
GROWTH MANAGEMENT—PLANNING BY
36.70A.420 Transportation projects—Findings—Intent.
SELECTED COUNTIES AND CITIES
36.70A.430 Transportation projects—Collaborative review process.
36.70A.450 Family day-care provider’s home facility—City may not
Sections
prohibit in residential or commercial area.
36.70A.010 Legislative findings.
36.70A.460 Watershed restoration projects—Permit processing—Fish
36.70A.011 Findings—Rural lands.
habitat enhancement project.
36.70A.020 Planning goals.
36.70A.470 Project review—Amendment suggestion procedure—
36.70A.030 Definitions.
Definitions.
36.70A.035 Public participation—Notice provisions.
36.70A.480 Shorelines of the state.
36.70A.040 Who must plan—Summary of requirements—Development
36.70A.481 Construction—Chapter 347, Laws of 1995.
regulations must implement comprehensive plans.
36.70A.490 Growth management planning and environmental review
36.70A.045 Phasing of comprehensive plan submittal.
fund—Established.
36.70A.050 Guidelines to classify agriculture, forest, and mineral lands
36.70A.500 Growth management planning and environmental review
and critical areas.
fund—Awarding of grants—Procedures.
36.70A.060 Natural resource lands and critical areas—Development regulations.36.70A.510 General aviation airports.
36.70A.070 Comprehensive plans—Mandatory elements.
36.70A.520 National historic towns—Designation.
36.70.980 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by
a county or city pursuant to this chapter shall be subject to
and in conformity with the requirements of chapter 43.97
RCW, including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 9.]
[Title 36 RCW—page 172]
36.70A.080
36.70A.090
36.70A.100
36.70A.103
36.70A.106
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
36.70A.800 Role of growth strategies commission.
36.70A.900 Severability—1990 1st ex.s. c 17.
36.70A.901 Part, section headings not law—1990 1st ex.s. c 17.
36.70A.902 Section headings not law—1991 sp.s. c 32.
Building permits—Evidence of adequate water supply required: RCW
19.27.097.
Expediting completion of industrial projects of statewide significance—
Planning requirements: RCW 43.157.020.
Impact fees: RCW 82.02.050 through 82.02.100.
Population forecasts: RCW 43.62.035.
Regional transportation planning: Chapter 47.80 RCW.
Subdivision and short subdivision requirements: RCW 58.17.060,
58.17.110.
36.70A.010 Legislative findings. The legislature finds
that uncoordinated and unplanned growth, together with a
lack of common goals expressing the public’s interest in the
conservation and the wise use of our lands, pose a threat to
the environment, sustainable economic development, and the
health, safety, and high quality of life enjoyed by residents
of this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate
and coordinate with one another in comprehensive land use
planning. Further, the legislature finds that it is in the public
interest that economic development programs be shared with
communities experiencing insufficient economic growth.
[1990 1st ex.s. c 17 § 1.]
36.70A.011 Findings—Rural lands. The legislature
finds that this chapter is intended to recognize the importance of rural lands and rural character to Washington’s
economy, its people, and its environment, while respecting
regional differences. Rural lands and rural-based economies
enhance the economic desirability of the state, help to
preserve traditional economic activities, and contribute to the
state’s overall quality of life.
The legislature finds that to retain and enhance the job
base in rural areas, rural counties must have flexibility to
create opportunities for business development. Further, the
legislature finds that rural counties must have the flexibility
to retain existing businesses and allow them to expand. The
legislature recognizes that not all business developments in
rural counties require an urban level of services; and that
many businesses in rural areas fit within the definition of
rural character identified by the local planning unit.
Finally, the legislature finds that in defining its rural
element under RCW 36.70A.070(5), a county should foster
land use patterns and develop a local vision of rural character that will: Help preserve rural-based economies and traditional rural lifestyles; encourage the economic prosperity of
rural residents; foster opportunities for small-scale, ruralbased employment and self-employment; permit the operation of rural-based agricultural, commercial, recreational, and
tourist businesses that are consistent with existing and
planned land use patterns; be compatible with the use of the
land by wildlife and for fish and wildlife habitat; foster the
private stewardship of the land and preservation of open
space; and enhance the rural sense of community and quality
of life. [2002 c 212 § 1.]
36.70A.020 Planning goals. The following goals are
adopted to guide the development and adoption of compre(2002 Ed.)
Chapter 36.70A
hensive plans and development regulations of those counties
and cities that are required or choose to plan under RCW
36.70A.040. The following goals are not listed in order of
priority and shall be used exclusively for the purpose of
guiding the development of comprehensive plans and
development regulations:
(1) Urban growth. Encourage development in urban
areas where adequate public facilities and services exist or
can be provided in an efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion
of undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal
transportation systems that are based on regional priorities
and coordinated with county and city comprehensive plans.
(4) Housing. Encourage the availability of affordable
housing to all economic segments of the population of this
state, promote a variety of residential densities and housing
types, and encourage preservation of existing housing stock.
(5) Economic development. Encourage economic
development throughout the state that is consistent with
adopted comprehensive plans, promote economic opportunity
for all citizens of this state, especially for unemployed and
for disadvantaged persons, promote the retention and
expansion of existing businesses and recruitment of new
businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas
experiencing insufficient economic growth, all within the
capacities of the state’s natural resources, public services,
and public facilities.
(6) Property rights. Private property shall not be taken
for public use without just compensation having been made.
The property rights of landowners shall be protected from
arbitrary and discriminatory actions.
(7) Permits. Applications for both state and local
government permits should be processed in a timely and fair
manner to ensure predictability.
(8) Natural resource industries. Maintain and enhance
natural resource-based industries, including productive
timber, agricultural, and fisheries industries. Encourage the
conservation of productive forest lands and productive
agricultural lands, and discourage incompatible uses.
(9) Open space and recreation. Retain open space,
enhance recreational opportunities, conserve fish and wildlife
habitat, increase access to natural resource lands and water,
and develop parks and recreation facilities.
(10) Environment. Protect the environment and enhance
the state’s high quality of life, including air and water
quality, and the availability of water.
(11) Citizen participation and coordination. Encourage
the involvement of citizens in the planning process and
ensure coordination between communities and jurisdictions
to reconcile conflicts.
(12) Public facilities and services. Ensure that those
public facilities and services necessary to support development shall be adequate to serve the development at the time
the development is available for occupancy and use without
decreasing current service levels below locally established
minimum standards.
(13) Historic preservation. Identify and encourage the
preservation of lands, sites, and structures, that have histori[Title 36 RCW—page 173]
36.70A.020
Title 36 RCW: Counties
cal or archaeological significance. [2002 c 154 § 1; 1990 1st
ex.s. c 17 § 2.]
36.70A.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to
enact a new comprehensive land use plan or to update an
existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to
the commercial production of horticultural, viticultural,
floricultural, dairy, apiary, vegetable, or animal products or
of berries, grain, hay, straw, turf, seed, Christmas trees not
subject to the excise tax imposed by *RCW 84.33.100
through 84.33.140, finfish in upland hatcheries, or livestock,
and that has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code
city.
(4) "Comprehensive land use plan," "comprehensive
plan," or "plan" means a generalized coordinated land use
policy statement of the governing body of a county or city
that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and
ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and
wildlife habitat conservation areas; (d) frequently flooded
areas; and (e) geologically hazardous areas.
(6) "Department" means the department of community,
trade, and economic development.
(7) "Development regulations" or "regulation" means the
controls placed on development or land use activities by a
county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs,
official controls, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances
together with any amendments thereto. A development
regulation does not include a decision to approve a project
permit application, as defined in RCW 36.70B.020, even
though the decision may be expressed in a resolution or
ordinance of the legislative body of the county or city.
(8) "Forest land" means land primarily devoted to
growing trees for long-term commercial timber production
on land that can be economically and practically managed
for such production, including Christmas trees subject to the
excise tax imposed under *RCW 84.33.100 through
84.33.140, and that has long-term commercial significance.
In determining whether forest land is primarily devoted to
growing trees for long-term commercial timber production
on land that can be economically and practically managed
for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and
rural settlements; (b) surrounding parcel size and the
compatibility and intensity of adjacent and nearby land uses;
(c) long-term local economic conditions that affect the ability
to manage for timber production; and (d) the availability of
public facilities and services conducive to conversion of
forest land to other uses.
(9) "Geologically hazardous areas" means areas that
because of their susceptibility to erosion, sliding, earthquake,
or other geological events, are not suited to the siting of
[Title 36 RCW—page 174]
commercial, residential, or industrial development consistent
with public health or safety concerns.
(10) "Long-term commercial significance" includes the
growing capacity, productivity, and soil composition of the
land for long-term commercial production, in consideration
with the land’s proximity to population areas, and the
possibility of more intense uses of the land.
(11) "Minerals" include gravel, sand, and valuable
metallic substances.
(12) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals,
domestic water systems, storm and sanitary sewer systems,
parks and recreational facilities, and schools.
(13) "Public services" include fire protection and
suppression, law enforcement, public health, education,
recreation, environmental protection, and other governmental
services.
(14) "Rural character" refers to the patterns of land use
and development established by a county in the rural element
of its comprehensive plan:
(a) In which open space, the natural landscape, and
vegetation predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural
areas;
(c) That provide visual landscapes that are traditionally
found in rural areas and communities;
(d) That are compatible with the use of the land by
wildlife and for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural
surface water flows and ground water and surface water
recharge and discharge areas.
(15) "Rural development" refers to development outside
the urban growth area and outside agricultural, forest, and
mineral resource lands designated pursuant to RCW
36.70A.170. Rural development can consist of a variety of
uses and residential densities, including clustered residential
development, at levels that are consistent with the preservation of rural character and the requirements of the rural
element. Rural development does not refer to agriculture or
forestry activities that may be conducted in rural areas.
(16) "Rural governmental services" or "rural services"
include those public services and public facilities historically
and typically delivered at an intensity usually found in rural
areas, and may include domestic water systems, fire and
police protection services, transportation and public transit
services, and other public utilities associated with rural
development and normally not associated with urban areas.
Rural services do not include storm or sanitary sewers,
except as otherwise authorized by RCW 36.70A.110(4).
(17) "Urban growth" refers to growth that makes
intensive use of land for the location of buildings, structures,
and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of
food, other agricultural products, or fiber, or the extraction
of mineral resources, rural uses, rural development, and
natural resource lands designated pursuant to RCW
36.70A.170. A pattern of more intensive rural development,
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
as provided in RCW 36.70A.070(5)(d), is not urban growth.
When allowed to spread over wide areas, urban growth
typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth
located on it, or to land located in relationship to an area
with urban growth on it as to be appropriate for urban
growth.
(18) "Urban growth areas" means those areas designated
by a county pursuant to RCW 36.70A.110.
(19) "Urban governmental services" or "urban services"
include those public services and public facilities at an
intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic
water systems, street cleaning services, fire and police
protection services, public transit services, and other public
utilities associated with urban areas and normally not
associated with rural areas.
(20) "Wetland" or "wetlands" means areas that are
inundated or saturated by surface water or ground water at
a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road,
street, or highway. Wetlands may include those artificial
wetlands intentionally created from nonwetland areas created
to mitigate conversion of wetlands. [1997 c 429 § 3; 1995
c 382 § 9. Prior: 1994 c 307 § 2; 1994 c 257 § 5; 1990 1st
ex.s. c 17 § 3.]
*Reviser’s note: RCW 84.33.100 through 84.33.120 were repealed
or decodified by 2001 c 249 §§ 15 and 16.
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Intent—1994 c 307: "The legislature finds that it is in the
public interest to identify and provide long-term conservation of those
productive natural resource lands that are critical to and can be managed
economically and practically for long-term commercial production of food,
fiber, and minerals. Successful achievement of the natural resource
industries’ goal set forth in RCW 36.70A.020 requires the conservation of
a land base sufficient in size and quality to maintain and enhance those
industries and the development and use of land use techniques that
discourage uses incompatible to the management of designated lands. The
1994 amendment to RCW 36.70A.030(8) (section 2(8), chapter 307, Laws
of 1994) is intended to clarify legislative intent regarding the designation of
forest lands and is not intended to require every county that has already
complied with the interim forest land designation requirement of RCW
36.70A.170 to review its actions until the adoption of its comprehensive
plans and development regulations as provided in RCW 36.70A.060(3)."
[1994 c 307 § 1.]
Effective date—1994 c 257 § 5: "Section 5 of this act shall take
effect July 1, 1994." [1994 c 257 § 25.]
Severability—1994 c 257: See note following RCW 36.70A.270.
36.70A.035 Public participation—Notice provisions.
(1) The public participation requirements of this chapter shall
include notice procedures that are reasonably calculated to
provide notice to property owners and other affected and
(2002 Ed.)
36.70A.030
interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to comprehensive plans and development regulation.
Examples of reasonable notice provisions include:
(a) Posting the property for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal
is located or that will be affected by the proposal;
(c) Notifying public or private groups with known
interest in a certain proposal or in the type of proposal being
considered;
(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
(e) Publishing notice in agency newsletters or sending
notice to agency mailing lists, including general lists or lists
for specific proposals or subject areas.
(2)(a) Except as otherwise provided in (b) of this
subsection, if the legislative body for a county or city
chooses to consider a change to an amendment to a comprehensive plan or development regulation, and the change is
proposed after the opportunity for review and comment has
passed under the county’s or city’s procedures, an opportunity for review and comment on the proposed change shall be
provided before the local legislative body votes on the
proposed change.
(b) An additional opportunity for public review and
comment is not required under (a) of this subsection if:
(i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution
or ordinance and the proposed change is within the range of
alternatives considered in the environmental impact statement;
(ii) The proposed change is within the scope of the
alternatives available for public comment;
(iii) The proposed change only corrects typographical
errors, corrects cross-references, makes address or name
changes, or clarifies language of a proposed ordinance or
resolution without changing its effect;
(iv) The proposed change is to a resolution or ordinance
making a capital budget decision as provided in RCW
36.70A.120; or
(v) The proposed change is to a resolution or ordinance
enacting a moratorium or interim control adopted under
RCW 36.70A.390.
(3) This section is prospective in effect and does not
apply to a comprehensive plan, development regulation, or
amendment adopted before July 27, 1997. [1999 c 315 §
708; 1997 c 429 § 9.]
Part headings and captions not law—1999 c 315: See RCW
28A.315.901.
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.040 Who must plan—Summary of requirements—Development regulations must implement
comprehensive plans. (1) Each county that has both a
population of fifty thousand or more and, until May 16,
1995, has had its population increase by more than ten
percent in the previous ten years or, on or after May 16,
1995, has had its population increase by more than seventeen
percent in the previous ten years, and the cities located
[Title 36 RCW—page 175]
36.70A.040
Title 36 RCW: Counties
within such county, and any other county regardless of its
population that has had its population increase by more than
twenty percent in the previous ten years, and the cities
located within such county, shall conform with all of the requirements of this chapter. However, the county legislative
authority of such a county with a population of less than
fifty thousand population may adopt a resolution removing
the county, and the cities located within the county, from the
requirements of adopting comprehensive land use plans and
development regulations under this chapter if this resolution
is adopted and filed with the department by December 31,
1990, for counties initially meeting this set of criteria, or
within sixty days of the date the office of financial management certifies that a county meets this set of criteria under
subsection (5) of this section. For the purposes of this
subsection, a county not currently planning under this
chapter is not required to include in its population count
those persons confined in a correctional facility under the
jurisdiction of the department of corrections that is located
in the county.
Once a county meets either of these sets of criteria, the
requirement to conform with all of the requirements of this
chapter remains in effect, even if the county no longer meets
one of these sets of criteria.
(2) The county legislative authority of any county that
does not meet either of the sets of criteria established under
subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply
to the county. Each city, located in a county that chooses to
plan under this subsection, shall conform with all of the
requirements of this chapter. Once such a resolution has
been adopted, the county and the cities located within the
county remain subject to all of the requirements of this
chapter.
(3) Any county or city that is initially required to
conform with all of the requirements of this chapter under
subsection (1) of this section shall take actions under this
chapter as follows: (a) The county legislative authority shall
adopt a county-wide planning policy under RCW
36.70A.210; (b) the county and each city located within the
county shall designate critical areas, agricultural lands, forest
lands, and mineral resource lands, and adopt development
regulations conserving these designated agricultural lands,
forest lands, and mineral resource lands and protecting these
designated critical areas, under RCW 36.70A.170 and
36.70A.060; (c) the county shall designate and take other
actions related to urban growth areas under RCW
36.70A.110; (d) if the county has a population of fifty
thousand or more, the county and each city located within
the county shall adopt a comprehensive plan under this
chapter and development regulations that are consistent with
and implement the comprehensive plan on or before July 1,
1994, and if the county has a population of less than fifty
thousand, the county and each city located within the county
shall adopt a comprehensive plan under this chapter and
development regulations that are consistent with and implement the comprehensive plan by January 1, 1995, but if the
governor makes written findings that a county with a population of less than fifty thousand or a city located within
such a county is not making reasonable progress toward
adopting a comprehensive plan and development regulations
the governor may reduce this deadline for such actions to be
[Title 36 RCW—page 176]
taken by no more than one hundred eighty days. Any
county or city subject to this subsection may obtain an
additional six months before it is required to have adopted
its development regulations by submitting a letter notifying
the department of community, trade, and economic development of its need prior to the deadline for adopting both a
comprehensive plan and development regulations.
(4) Any county or city that is required to conform with
all the requirements of this chapter, as a result of the county
legislative authority adopting its resolution of intention under
subsection (2) of this section, shall take actions under this
chapter as follows: (a) The county legislative authority shall
adopt a county-wide planning policy under RCW
36.70A.210; (b) the county and each city that is located
within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource
lands it designated under RCW 36.70A.060 within one year
of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take
other actions related to urban growth areas under RCW
36.70A.110; and (d) the county and each city that is located
within the county shall adopt a comprehensive plan and
development regulations that are consistent with and implement the comprehensive plan not later than four years from
the date the county legislative authority adopts its resolution
of intention, but a county or city may obtain an additional
six months before it is required to have adopted its development regulations by submitting a letter notifying the
department of community, trade, and economic development
of its need prior to the deadline for adopting both a comprehensive plan and development regulations.
(5) If the office of financial management certifies that
the population of a county that previously had not been
required to plan under subsection (1) or (2) of this section
has changed sufficiently to meet either of the sets of criteria
specified under subsection (1) of this section, and where
applicable, the county legislative authority has not adopted
a resolution removing the county from these requirements as
provided in subsection (1) of this section, the county and
each city within such county shall take actions under this
chapter as follows: (a) The county legislative authority shall
adopt a county-wide planning policy under RCW
36.70A.210; (b) the county and each city located within the
county shall adopt development regulations under RCW
36.70A.060 conserving agricultural lands, forest lands, and
mineral resource lands it designated within one year of the
certification by the office of financial management; (c) the
county shall designate and take other actions related to urban
growth areas under RCW 36.70A.110; and (d) the county
and each city located within the county shall adopt a
comprehensive land use plan and development regulations
that are consistent with and implement the comprehensive
plan within four years of the certification by the office of
financial management, but a county or city may obtain an
additional six months before it is required to have adopted
its development regulations by submitting a letter notifying
the department of community, trade, and economic development of its need prior to the deadline for adopting both a
comprehensive plan and development regulations.
(6) A copy of each document that is required under this
section shall be submitted to the department at the time of its
adoption.
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
(7) Cities and counties planning under this chapter must
amend the transportation element of the comprehensive plan
to be in compliance with this chapter and chapter 47.80
RCW no later than December 31, 2000. [2000 c 36 § 1;
1998 c 171 § 1; 1995 c 400 § 1; 1993 sp.s. c 6 § 1; 1990 1st
ex.s. c 17 § 4.]
Effective date—1995 c 400: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 16, 1995]." [1995 c 400 § 6.]
Effective date—1993 sp.s. c 6: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
June 1, 1993." [1993 sp.s. c 6 § 7.]
36.70A.045 Phasing of comprehensive plan submittal. The department may adopt a schedule to permit phasing
of comprehensive plan submittal for counties and cities
planning under RCW 36.70A.040. This schedule shall not
permit a comprehensive plan to be submitted greater than
one hundred eighty days past the date that the plan was
required to be submitted and shall be used to facilitate
expeditious review and interjurisdictional coordination of
comprehensive plans and development regulations. [1991
sp.s. c 32 § 15.]
36.70A.050 Guidelines to classify agriculture, forest,
and mineral lands and critical areas. (1) Subject to the
definitions provided in RCW 36.70A.030, the department
shall adopt guidelines, under chapter 34.05 RCW, no later
than September 1, 1990, to guide the classification of: (a)
Agricultural lands; (b) forest lands; (c) mineral resource
lands; and (d) critical areas. The department shall consult
with the department of agriculture regarding guidelines for
agricultural lands, the department of natural resources
regarding forest lands and mineral resource lands, and the
department of ecology regarding critical areas.
(2) In carrying out its duties under this section, the
department shall consult with interested parties, including but
not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d)
representatives of builders; (e) representatives of owners of
agricultural lands, forest lands, and mining lands; (f) representatives of local economic development officials; (g)
representatives of environmental organizations; (h) representatives of special districts; (i) representatives of the
governor’s office and federal and state agencies; and (j)
representatives of Indian tribes. In addition to the consultation required under this subsection, the department shall
conduct public hearings in the various regions of the state.
The department shall consider the public input obtained at
such public hearings when adopting the guidelines.
(3) The guidelines under subsection (1) of this section
shall be minimum guidelines that apply to all jurisdictions,
but also shall allow for regional differences that exist in
Washington state. The intent of these guidelines is to assist
counties and cities in designating the classification of
agricultural lands, forest lands, mineral resource lands, and
critical areas under RCW 36.70A.170.
(4) The guidelines established by the department under
this section regarding classification of forest lands shall not
(2002 Ed.)
36.70A.040
be inconsistent with guidelines adopted by the department of
natural resources. [1990 1st ex.s. c 17 § 5.]
36.70A.060 Natural resource lands and critical
areas—Development regulations. (1) Each county that is
required or chooses to plan under RCW 36.70A.040, and
each city within such county, shall adopt development
regulations on or before September 1, 1991, to assure the
conservation of agricultural, forest, and mineral resource
lands designated under RCW 36.70A.170. Regulations
adopted under this subsection may not prohibit uses legally
existing on any parcel prior to their adoption and shall
remain in effect until the county or city adopts development
regulations pursuant to RCW 36.70A.040. Such regulations
shall assure that the use of lands adjacent to agricultural,
forest, or mineral resource lands shall not interfere with the
continued use, in the accustomed manner and in accordance
with best management practices, of these designated lands
for the production of food, agricultural products, or timber,
or for the extraction of minerals. Counties and cities shall
require that all plats, short plats, development permits, and
building permits issued for development activities on, or
within five hundred feet of, lands designated as agricultural
lands, forest lands, or mineral resource lands, contain a
notice that the subject property is within or near designated
agricultural lands, forest lands, or mineral resource lands on
which a variety of commercial activities may occur that are
not compatible with residential development for certain
periods of limited duration. The notice for mineral resource
lands shall also inform that an application might be made for
mining-related activities, including mining, extraction,
washing, crushing, stockpiling, blasting, transporting, and
recycling of minerals.
(2) Each county and city shall adopt development
regulations that protect critical areas that are required to be
designated under RCW 36.70A.170. For counties and cities
that are required or choose to plan under RCW 36.70A.040,
such development regulations shall be adopted on or before
September 1, 1991. For the remainder of the counties and
cities, such development regulations shall be adopted on or
before March 1, 1992.
(3) Such counties and cities shall review these designations and development regulations when adopting their
comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120
and may alter such designations and development regulations
to insure consistency.
(4) Forest land and agricultural land located within
urban growth areas shall not be designated by a county or
city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or
county has enacted a program authorizing transfer or
purchase of development rights. [1998 c 286 § 5; 1991 sp.s.
c 32 § 21; 1990 1st ex.s. c 17 § 6.]
36.70A.070 Comprehensive plans—Mandatory
elements. The comprehensive plan of a county or city that
is required or chooses to plan under RCW 36.70A.040 shall
consist of a map or maps, and descriptive text covering
objectives, principles, and standards used to develop the
comprehensive plan. The plan shall be an internally consis[Title 36 RCW—page 177]
36.70A.070
Title 36 RCW: Counties
tent document and all elements shall be consistent with the
future land use map. A comprehensive plan shall be adopted
and amended with public participation as provided in RCW
36.70A.140.
Each comprehensive plan shall include a plan, scheme,
or design for each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of
land, where appropriate, for agriculture, timber production,
housing, commerce, industry, recreation, open spaces,
general aviation airports, public utilities, public facilities, and
other land uses. The land use element shall include population densities, building intensities, and estimates of future
population growth. The land use element shall provide for
protection of the quality and quantity of ground water used
for public water supplies. Where applicable, the land use
element shall review drainage, flooding, and storm water
run-off in the area and nearby jurisdictions and provide
guidance for corrective actions to mitigate or cleanse those
discharges that pollute waters of the state, including Puget
Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a)
Includes an inventory and analysis of existing and projected
housing needs that identifies the number of housing units
necessary to manage projected growth; (b) includes a
statement of goals, policies, objectives, and mandatory
provisions for the preservation, improvement, and development of housing, including single-family residences; (c)
identifies sufficient land for housing, including, but not
limited to, government-assisted housing, housing for lowincome families, manufactured housing, multifamily housing,
and group homes and foster care facilities; and (d) makes
adequate provisions for existing and projected needs of all
economic segments of the community.
(3) A capital facilities plan element consisting of: (a)
An inventory of existing capital facilities owned by public
entities, showing the locations and capacities of the capital
facilities; (b) a forecast of the future needs for such capital
facilities; (c) the proposed locations and capacities of
expanded or new capital facilities; (d) at least a six-year plan
that will finance such capital facilities within projected
funding capacities and clearly identifies sources of public
money for such purposes; and (e) a requirement to reassess
the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use
element, capital facilities plan element, and financing plan
within the capital facilities plan element are coordinated and
consistent. Park and recreation facilities shall be included in
the capital facilities plan element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed
utilities, including, but not limited to, electrical lines,
telecommunication lines, and natural gas lines.
(5) Rural element. Counties shall include a rural
element including lands that are not designated for urban
growth, agriculture, forest, or mineral resources. The
following provisions shall apply to the rural element:
(a) Growth management act goals and local circumstances. Because circumstances vary from county to county,
in establishing patterns of rural densities and uses, a county
may consider local circumstances, but shall develop a written
[Title 36 RCW—page 178]
record explaining how the rural element harmonizes the
planning goals in RCW 36.70A.020 and meets the requirements of this chapter.
(b) Rural development. The rural element shall permit
rural development, forestry, and agriculture in rural areas.
The rural element shall provide for a variety of rural
densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities
and uses. In order to achieve a variety of rural densities and
uses, counties may provide for clustering, density transfer,
design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth
and that are consistent with rural character.
(c) Measures governing rural development. The rural
element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development
with the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the
rural area;
(iv) Protecting critical areas, as provided in RCW
36.70A.060, and surface water and ground water resources;
and
(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170.
(d) Limited areas of more intensive rural development.
Subject to the requirements of this subsection and except as
otherwise specifically provided in this subsection (5)(d), the
rural element may allow for limited areas of more intensive
rural development, including necessary public facilities and
public services to serve the limited area as follows:
(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial,
residential, or mixed-use areas, whether characterized as
shoreline development, villages, hamlets, rural activity
centers, or crossroads developments. A commercial,
industrial, residential, shoreline, or mixed-use area shall be
subject to the requirements of (d)(iv) of this subsection, but
shall not be subject to the requirements of (c)(ii) and (iii) of
this subsection. An industrial area is not required to be
principally designed to serve the existing and projected rural
population;
(ii) The intensification of development on lots containing, or new development of, small-scale recreational or
tourist uses, including commercial facilities to serve those
recreational or tourist uses, that rely on a rural location and
setting, but that do not include new residential development.
A small-scale recreation or tourist use is not required to be
principally designed to serve the existing and projected rural
population. Public services and public facilities shall be
limited to those necessary to serve the recreation or tourist
use and shall be provided in a manner that does not permit
low-density sprawl;
(iii) The intensification of development on lots containing isolated nonresidential uses or new development of
isolated cottage industries and isolated small-scale businesses
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
that are not principally designed to serve the existing and
projected rural population and nonresidential uses, but do
provide job opportunities for rural residents. Rural counties
may allow the expansion of small-scale businesses as long
as those small-scale businesses conform with the rural
character of the area as defined by the local government
according to RCW 36.70A.030(14). Rural counties may also
allow new small-scale businesses to utilize a site previously
occupied by an existing business as long as the new smallscale business conforms to the rural character of the area as
defined by the local government according to RCW
36.70A.030(14). Public services and public facilities shall
be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not
permit low-density sprawl;
(iv) A county shall adopt measures to minimize and
contain the existing areas or uses of more intensive rural
development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not
extend beyond the logical outer boundary of the existing area
or use, thereby allowing a new pattern of low-density sprawl.
Existing areas are those that are clearly identifiable and
contained and where there is a logical boundary delineated
predominately by the built environment, but that may also
include undeveloped lands if limited as provided in this
subsection. The county shall establish the logical outer
boundary of an area of more intensive rural development.
In establishing the logical outer boundary the county shall
address (A) the need to preserve the character of existing
natural neighborhoods and communities, (B) physical
boundaries such as bodies of water, streets and highways,
and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide
public facilities and public services in a manner that does not
permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing
area or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially
required to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under
RCW 36.70A.040(2), in a county that is planning under all
of the provisions of this chapter under RCW 36.70A.040(2);
or
(C) On the date the office of financial management
certifies the county’s population as provided in RCW
36.70A.040(5), in a county that is planning under all of the
provisions of this chapter pursuant to RCW 36.70A.040(5).
(e) Exception. This subsection shall not be interpreted
to permit in the rural area a major industrial development or
a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.
(6) A transportation element that implements, and is
consistent with, the land use element.
(a) The transportation element shall include the following subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist
the department of transportation in monitoring the performance of state facilities, to plan improvements for the
facilities, and to assess the impact of land-use decisions on
state-owned transportation facilities;
(2002 Ed.)
36.70A.070
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and
general aviation airport facilities, to define existing capital
facilities and travel levels as a basis for future planning.
This inventory must include state-owned transportation
facilities within the city or county’s jurisdiction boundaries;
(B) Level of service standards for all locally owned
arterials and transit routes to serve as a gauge to judge
performance of the system. These standards should be
regionally coordinated;
(C) For state-owned transportation facilities, level of
service standards for highways, as prescribed in chapters
47.06 and 47.80 RCW, to gauge the performance of the
system. The purposes of reflecting level of service standards
for state highways in the local comprehensive plan are to
monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the
county’s or city’s six-year street, road, or transit program
and the department of transportation’s six-year investment
program. The concurrency requirements of (b) of this
subsection do not apply to transportation facilities and
services of statewide significance except for counties
consisting of islands whose only connection to the mainland
are state highways or ferry routes. In these island counties,
state highways and ferry route capacity must be a factor in
meeting the concurrency requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into
compliance locally owned transportation facilities or services
that are below an established level of service standard;
(E) Forecasts of traffic for at least ten years based on
the adopted land use plan to provide information on the
location, timing, and capacity needs of future growth;
(F) Identification of state and local system needs to
meet current and future demands. Identified needs on stateowned transportation facilities must be consistent with the
statewide multimodal transportation plan required under
chapter 47.06 RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs
against probable funding resources;
(B) A multiyear financing plan based on the needs
identified in the comprehensive plan, the appropriate parts of
which shall serve as the basis for the six-year street, road, or
transit program required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public
transportation systems. The multiyear financing plan should
be coordinated with the six-year improvement program
developed by the department of transportation as required by
RCW 47.05.030;
(C) If probable funding falls short of meeting identified
needs, a discussion of how additional funding will be raised,
or how land use assumptions will be reassessed to ensure
that level of service standards will be met;
(v) Intergovernmental coordination efforts, including an
assessment of the impacts of the transportation plan and land
use assumptions on the transportation systems of adjacent
jurisdictions;
(vi) Demand-management strategies.
(b) After adoption of the comprehensive plan by
jurisdictions required to plan or who choose to plan under
[Title 36 RCW—page 179]
36.70A.070
Title 36 RCW: Counties
RCW 36.70A.040, local jurisdictions must adopt and enforce
ordinances which prohibit development approval if the development causes the level of service on a locally owned
transportation facility to decline below the standards adopted
in the transportation element of the comprehensive plan,
unless transportation improvements or strategies to accommodate the impacts of development are made concurrent
with the development. These strategies may include increased public transportation service, ride sharing programs,
demand management, and other transportation systems
management strategies. For the purposes of this subsection
(6) "concurrent with the development" shall mean that
improvements or strategies are in place at the time of
development, or that a financial commitment is in place to
complete the improvements or strategies within six years.
(c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010
for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for
public transportation systems, and RCW 47.05.030 for the
state, must be consistent.
(7) An economic development element establishing local
goals, policies, objectives, and provisions for economic
growth and vitality and a high quality of life. The element
shall include: (a) A summary of the local economy such as
population, employment, payroll, sectors, businesses, sales,
and other information as appropriate; (b) a summary of the
strengths and weaknesses of the local economy defined as
the commercial and industrial sectors and supporting factors
such as land use, transportation, utilities, education, work
force, housing, and natural/cultural resources; and (c) an
identification of policies, programs, and projects to foster
economic growth and development and to address future
needs. A city that has chosen to be a residential community
is exempt from the economic development element requirement of this subsection.
(8) A park and recreation element that implements, and
is consistent with, the capital facilities plan element as it
relates to park and recreation facilities. The element shall
include: (a) Estimates of park and recreation demand for at
least a ten-year period; (b) an evaluation of facilities and
service needs; and (c) an evaluation of intergovernmental
coordination opportunities to provide regional approaches for
meeting park and recreational demand.
(9) It is the intent that new or amended elements
required after January 1, 2002, be adopted concurrent with
the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover
applicable local government costs are appropriated and
distributed by the state at least two years before local government must update comprehensive plans as required in
RCW 36.70A.130. [2002 c 212 § 2; 2002 c 154 § 2; 1998
c 171 § 2; 1997 c 429 § 7; 1996 c 239 § 1. Prior: 1995 c
400 § 3; 1995 c 377 § 1; 1990 1st ex.s. c 17 § 7.]
Reviser’s note: This section was amended by 2002 c 154 § 2 and by
2002 c 212 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
[Title 36 RCW—page 180]
Construction—Application—1995 c 400: "A comprehensive plan
adopted or amended before May 16, 1995, shall be considered to be in
compliance with RCW 36.70A.070 or 36.70A.110, as in effect before their
amendment by this act, if the comprehensive plan is in compliance with
RCW 36.70A.070 and 36.70A.110 as amended by this act. This section
shall not be construed to alter the relationship between a county-wide
planning policy and comprehensive plans as specified under RCW
36.70A.210.
As to any appeal relating to compliance with RCW 36.70A.070 or
36.70A.110 pending before a growth management hearings board on May
16, 1995, the board may take up to an additional ninety days to resolve such
appeal. By mutual agreement of all parties to the appeal, this additional
ninety-day period may be extended." [1995 c 400 § 4.]
Effective date—1995 c 400: See note following RCW 36.70A.040.
36.70A.080 Comprehensive plans—Optional
elements. (1) A comprehensive plan may include additional
elements, items, or studies dealing with other subjects
relating to the physical development within its jurisdiction,
including, but not limited to:
(a) Conservation;
(b) Solar energy; and
(c) Recreation.
(2) A comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the
comprehensive plan. [1990 1st ex.s. c 17 § 8.]
36.70A.090 Comprehensive plans—Innovative
techniques. A comprehensive plan should provide for
innovative land use management techniques, including, but
not limited to, density bonuses, cluster housing, planned unit
developments, and the transfer of development rights. [1990
1st ex.s. c 17 § 9.]
36.70A.100 Comprehensive plans—Must be coordinated. The comprehensive plan of each county or city that
is adopted pursuant to RCW 36.70A.040 shall be coordinated
with, and consistent with, the comprehensive plans adopted
pursuant to RCW 36.70A.040 of other counties or cities with
which the county or city has, in part, common borders or
related regional issues. [1990 1st ex.s. c 17 § 10.]
36.70A.103 State agencies required to comply with
comprehensive plans. State agencies shall comply with the
local comprehensive plans and development regulations and
amendments thereto adopted pursuant to this chapter except
as otherwise provided in RCW 71.09.250 (1) through (3),
71.09.342, and 72.09.333.
The provisions of chapter 12, Laws of 2001 2nd sp.
sess. do not affect the state’s authority to site any other
essential public facility under RCW 36.70A.200 in
conformance with local comprehensive plans and development regulations adopted pursuant to chapter 36.70A RCW.
[2002 c 68 § 15; 2001 2nd sp.s. c 12 § 203; 1991 sp.s. c 32
§ 4.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
36.70A.106 Comprehensive plans—Development
regulations—Transmittal to state. (1) Each county and
city proposing adoption of a comprehensive plan or develop(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
ment regulations under this chapter shall notify the department of its intent to adopt such plan or regulations at least
sixty days prior to final adoption. State agencies including
the department may provide comments to the county or city
on the proposed comprehensive plan, or proposed development regulations, during the public review process prior to
adoption.
(2) Each county and city planning under this chapter
shall transmit a complete and accurate copy of its comprehensive plan or development regulations to the department
within ten days after final adoption.
(3) Any amendments for permanent changes to a
comprehensive plan or development regulation that are
proposed by a county or city to its adopted plan or regulations shall be submitted to the department in the same
manner as initial plans and development regulations under
this section. Any amendments to a comprehensive plan or
development regulations that are adopted by a county or city
shall be transmitted to the department in the same manner as
the initial plans and regulations under this section. [1991
sp.s. c 32 § 8.]
36.70A.110 Comprehensive plans—Urban growth
areas. (1) Each county that is required or chooses to plan
under RCW 36.70A.040 shall designate an urban growth
area or areas within which urban growth shall be encouraged
and outside of which growth can occur only if it is not urban
in nature. Each city that is located in such a county shall be
included within an urban growth area. An urban growth area
may include more than a single city. An urban growth area
may include territory that is located outside of a city only if
such territory already is characterized by urban growth
whether or not the urban growth area includes a city, or is
adjacent to territory already characterized by urban growth,
or is a designated new fully contained community as defined
by RCW 36.70A.350.
(2) Based upon the growth management population
projection made for the county by the office of financial
management, the county and each city within the county
shall include areas and densities sufficient to permit the
urban growth that is projected to occur in the county or city
for the succeeding twenty-year period. Each urban growth
area shall permit urban densities and shall include greenbelt
and open space areas. An urban growth area determination
may include a reasonable land market supply factor and shall
permit a range of urban densities and uses. In determining
this market factor, cities and counties may consider local
circumstances. Cities and counties have discretion in their
comprehensive plans to make many choices about accommodating growth.
Within one year of July 1, 1990, each county that as of
June 1, 1991, was required or chose to plan under RCW
36.70A.040, shall begin consulting with each city located
within its boundaries and each city shall propose the location
of an urban growth area. Within sixty days of the date the
county legislative authority of a county adopts its resolution
of intention or of certification by the office of financial
management, all other counties that are required or choose
to plan under RCW 36.70A.040 shall begin this consultation
with each city located within its boundaries. The county
shall attempt to reach agreement with each city on the
(2002 Ed.)
36.70A.106
location of an urban growth area within which the city is
located. If such an agreement is not reached with each city
located within the urban growth area, the county shall justify
in writing why it so designated the area an urban growth
area. A city may object formally with the department over
the designation of the urban growth area within which it is
located. Where appropriate, the department shall attempt to
resolve the conflicts, including the use of mediation services.
(3) Urban growth should be located first in areas already
characterized by urban growth that have adequate existing
public facility and service capacities to serve such development, second in areas already characterized by urban growth
that will be served adequately by a combination of both
existing public facilities and services and any additional
needed public facilities and services that are provided by
either public or private sources, and third in the remaining
portions of the urban growth areas. Urban growth may also
be located in designated new fully contained communities as
defined by RCW 36.70A.350.
(4) In general, cities are the units of local government
most appropriate to provide urban governmental services. In
general, it is not appropriate that urban governmental
services be extended to or expanded in rural areas except in
those limited circumstances shown to be necessary to protect
basic public health and safety and the environment and when
such services are financially supportable at rural densities
and do not permit urban development.
(5) On or before October 1, 1993, each county that was
initially required to plan under RCW 36.70A.040(1) shall
adopt development regulations designating interim urban
growth areas under this chapter. Within three years and
three months of the date the county legislative authority of
a county adopts its resolution of intention or of certification
by the office of financial management, all other counties that
are required or choose to plan under RCW 36.70A.040 shall
adopt development regulations designating interim urban
growth areas under this chapter. Adoption of the interim
urban growth areas may only occur after public notice;
public hearing; and compliance with the state environmental
policy act, chapter 43.21C RCW, and RCW 36.70A.110.
Such action may be appealed to the appropriate growth
management hearings board under RCW 36.70A.280. Final
urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.
(6) Each county shall include designations of urban
growth areas in its comprehensive plan. [1997 c 429 § 24;
1995 c 400 § 2; 1994 c 249 § 27; 1993 sp.s. c 6 § 2; 1991
sp.s. c 32 § 29; 1990 1st ex.s. c 17 § 11.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Construction—Application—1995 c 400: See note following RCW
36.70A.070.
Effective date—1995 c 400: See note following RCW 36.70A.040.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1993 sp.s. c 6: See note following RCW
36.70A.040.
36.70A.120 Planning activities and capital budget
decisions—Implementation in conformity with comprehensive plan. Each county and city that is required or
chooses to plan under RCW 36.70A.040 shall perform its
activities and make capital budget decisions in conformity
[Title 36 RCW—page 181]
36.70A.120
Title 36 RCW: Counties
with its comprehensive plan. [1993 sp.s. c 6 § 3; 1990 1st
ex.s. c 17 § 12.]
Effective date—1993 sp.s. c 6: See note following RCW
36.70A.040.
36.70A.130 Comprehensive plans—Review—
Amendments. (1)(a) Each comprehensive land use plan and
development regulations shall be subject to continuing
review and evaluation by the county or city that adopted
them. A county or city shall take legislative action to review
and, if needed, revise its comprehensive land use plan and
development regulations to ensure the plan and regulations
comply with the requirements of this chapter according to
the time periods specified in subsection (4) of this section.
A county or city not planning under RCW 36.70A.040 shall
take action to review and, if needed, revise its policies and
development regulations regarding critical areas and natural
resource lands adopted according to this chapter to ensure
these policies and regulations comply with the requirements
of this chapter according to the time periods specified in
subsection (4) of this section. Legislative action means the
adoption of a resolution or ordinance following notice and a
public hearing indicating at a minimum, a finding that a
review and evaluation has occurred and identifying the
revisions made, or that a revision was not needed and the
reasons therefore. The review and evaluation required by
this subsection may be combined with the review required
by subsection (3) of this section. The review and evaluation
required by this subsection shall include, but is not limited
to, consideration of critical area ordinances and, if planning
under RCW 36.70A.040, an analysis of the population
allocated to a city or county from the most recent ten-year
population forecast by the office of financial management.
(b) Any amendment of or revision to a comprehensive
land use plan shall conform to this chapter. Any amendment
of or revision to development regulations shall be consistent
with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly
disseminate to the public a public participation program
consistent with RCW 36.70A.035 and 36.70A.140 that
identifies procedures and schedules whereby updates,
proposed amendments, or revisions of the comprehensive
plan are considered by the governing body of the county or
city no more frequently than once every year. "Updates"
means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in
subsection (4) of this section. Amendments may be considered more frequently than once per year under the following
circumstances:
(i) The initial adoption of a subarea plan that does not
modify the comprehensive plan policies and designations
applicable to the subarea;
(ii) The adoption or amendment of a shoreline master
program under the procedures set forth in chapter 90.58
RCW; and
(iii) The amendment of the capital facilities element of
a comprehensive plan that occurs concurrently with the
adoption or amendment of a county or city budget.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body
concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public
[Title 36 RCW—page 182]
participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this
chapter whenever an emergency exists or to resolve an
appeal of a comprehensive plan filed with a growth management hearings board or with the court.
(3) Each county that designates urban growth areas
under RCW 36.70A.110 shall review, at least every ten
years, its designated urban growth area or areas, and the
densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction
with this review by the county, each city located within an
urban growth area shall review the densities permitted within
its boundaries, and the extent to which the urban growth
occurring within the county has located within each city and
the unincorporated portions of the urban growth areas. The
county comprehensive plan designating urban growth areas,
and the densities permitted in the urban growth areas by the
comprehensive plans of the county and each city located
within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for
the succeeding twenty-year period. The review required by
this subsection may be combined with the review and
evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for
counties and cities to take action to review and, if needed,
revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. The schedule established by the
department shall provide for the reviews and evaluations to
be completed as follows:
(a) On or before December 1, 2004, and every seven
years thereafter, for Clallam, Clark, Jefferson, King, Kitsap,
Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
(b) On or before December 1, 2005, and every seven
years thereafter, for Cowlitz, Island, Lewis, Mason, San
Juan, Skagit, and Skamania counties and the cities within
those counties;
(c) On or before December 1, 2006, and every seven
years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas,
Spokane, and Yakima counties and the cities within those
counties; and
(d) On or before December 1, 2007, and every seven
years thereafter, for Adams, Asotin, Columbia, Ferry,
Franklin, Garfield, Grays Harbor, Klickitat, Lincoln,
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum,
Walla Walla, and Whitman counties and the cities within
those counties.
(5)(a) Nothing in this section precludes a county or city
from conducting the review and evaluation required by this
section before the time limits established in subsection (4) of
this section. Counties and cities may begin this process
early and may be eligible for grants from the department,
subject to available funding, if they elect to do so.
(b) State agencies are encouraged to provide technical
assistance to the counties and cities in the review of critical
area ordinances, comprehensive plans, and development
regulations.
(6) A county or city subject to the time periods in
subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule
for periodic review of its comprehensive plan and develop(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
ment regulations, has conducted a review and evaluation of
its comprehensive plan and development regulations and, on
or after January 1, 2001, has taken action in response to that
review and evaluation shall be deemed to have conducted the
first review required by subsection (4)(a) of this section.
Subsequent review and evaluation by the county or city of
its comprehensive plan and development regulations shall be
conducted in accordance with the time periods established
under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities
under this section shall be considered "requirements of this
chapter" under the terms of RCW 36.70A.040(1). Only
those counties and cities in compliance with the schedules in
this section shall have the requisite authority to receive
grants, loans, pledges, or financial guarantees from those
accounts established in RCW 43.155.050 and 70.146.030.
Only those counties and cities in compliance with the
schedules in this section shall receive preference for grants
or loans subject to the provisions of RCW 43.17.250. [2002
c 320 § 1; 1997 c 429 § 10; 1995 c 347 § 106; 1990 1st
ex.s. c 17 § 13.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
RCW 36.70A.130(2) does not apply to master planned locations in industrial land banks: RCW 36.70A.367(4).
36.70A.131 Mineral resource lands—Review of
related designations and development regulations. As
part of the review required by RCW 36.70A.130(1), a county
or city shall review its mineral resource lands designations
adopted pursuant to RCW 36.70A.170 and mineral resource
lands development regulations adopted pursuant to RCW
36.70A.040 and 36.70A.060. In its review, the county or
city shall take into consideration:
(1) New information made available since the adoption
or last review of its designations or development regulations,
including data available from the department of natural
resources relating to mineral resource deposits; and
(2) New or modified model development regulations for
mineral resource lands prepared by the department of natural
resources, the department of community, trade, and economic development, or the Washington state association of
counties. [1998 c 286 § 7.]
36.70A.140 Comprehensive plans—Ensure public
participation. Each county and city that is required or
chooses to plan under RCW 36.70A.040 shall establish and
broadly disseminate to the public a public participation
program identifying procedures providing for early and
continuous public participation in the development and
amendment of comprehensive land use plans and development regulations implementing such plans. The procedures
shall provide for broad dissemination of proposals and
alternatives, opportunity for written comments, public
meetings after effective notice, provision for open discussion,
communication programs, information services, and consideration of and response to public comments. In enacting legislation in response to the board’s decision pursuant to RCW
36.70A.300 declaring part or all of a comprehensive plan or
(2002 Ed.)
36.70A.130
development regulation invalid, the county or city shall
provide for public participation that is appropriate and effective under the circumstances presented by the board’s order.
Errors in exact compliance with the established program and
procedures shall not render the comprehensive land use plan
or development regulations invalid if the spirit of the
program and procedures is observed. [1995 c 347 § 107;
1990 1st ex.s. c 17 § 14.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.150 Identification of lands useful for public
purposes. Each county and city that is required or chooses
to prepare a comprehensive land use plan under RCW
36.70A.040 shall identify lands useful for public purposes
such as utility corridors, transportation corridors, landfills,
sewage treatment facilities, storm water management
facilities, recreation, schools, and other public uses. The
county shall work with the state and the cities within its
borders to identify areas of shared need for public facilities.
The jurisdictions within the county shall prepare a prioritized
list of lands necessary for the identified public uses including
an estimated date by which the acquisition will be needed.
The respective capital acquisition budgets for each
jurisdiction shall reflect the jointly agreed upon priorities and
time schedule. [1991 c 322 § 23; 1990 1st ex.s. c 17 § 15.]
Findings—Intent—1991 c 322: See notes following RCW 86.12.200.
36.70A.160 Identification of open space corridors—
Purchase authorized. Each county and city that is required
or chooses to prepare a comprehensive land use plan under
RCW 36.70A.040 shall identify open space corridors within
and between urban growth areas. They shall include lands
useful for recreation, wildlife habitat, trails, and connection
of critical areas as defined in RCW 36.70A.030. Identification of a corridor under this section by a county or city shall
not restrict the use or management of lands within the corridor for agricultural or forest purposes. Restrictions on the
use or management of such lands for agricultural or forest
purposes imposed after identification solely to maintain or
enhance the value of such lands as a corridor may occur
only if the county or city acquires sufficient interest to
prevent development of the lands or to control the resource
development of the lands. The requirement for acquisition
of sufficient interest does not include those corridors
regulated by the interstate commerce commission, under
provisions of 16 U.S.C. Sec. 1247(d), 16 U.S.C. Sec. 1248,
or 43 U.S.C. Sec. 912. Nothing in this section shall be
interpreted to alter the authority of the state, or a county or
city, to regulate land use activities.
The city or county may acquire by donation or purchase
the fee simple or lesser interests in these open space corridors using funds authorized by RCW 84.34.230 or other
sources. [1992 c 227 § 1; 1990 1st ex.s. c 17 § 16.]
36.70A.165 Property designated as greenbelt or
open space—Not subject to adverse possession. The
legislature recognizes that the preservation of urban
greenbelts is an integral part of comprehensive growth
management in Washington. The legislature further recognizes that certain greenbelts are subject to adverse possession
[Title 36 RCW—page 183]
36.70A.165
Title 36 RCW: Counties
action which, if carried out, threaten the comprehensive
nature of this chapter. Therefore, a party shall not acquire
by adverse possession property that is designated as a plat
greenbelt or open space area or that is dedicated as open
space to a public agency or to a bona fide homeowner’s
association. [1997 c 429 § 41.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.170 Natural resource lands and critical
areas—Designations. (1) On or before September 1, 1991,
each county, and each city, shall designate where appropriate:
(a) Agricultural lands that are not already characterized
by urban growth and that have long-term significance for the
commercial production of food or other agricultural products;
(b) Forest lands that are not already characterized by
urban growth and that have long-term significance for the
commercial production of timber;
(c) Mineral resource lands that are not already characterized by urban growth and that have long-term significance
for the extraction of minerals; and
(d) Critical areas.
(2) In making the designations required by this section,
counties and cities shall consider the guidelines established
pursuant to RCW 36.70A.050. [1990 1st ex.s. c 17 § 17.]
36.70A.172 Critical areas—Designation and protection—Best available science to be used. (1) In designating
and protecting critical areas under this chapter, counties and
cities shall include the best available science in developing
policies and development regulations to protect the functions
and values of critical areas. In addition, counties and cities
shall give special consideration to conservation or protection
measures necessary to preserve or enhance anadromous
fisheries.
(2) If it determines that advice from scientific or other
experts is necessary or will be of substantial assistance in
reaching its decision, a growth management hearings board
may retain scientific or other expert advice to assist in
reviewing a petition under RCW 36.70A.290 that involves
critical areas. [1995 c 347 § 105.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.175 Wetlands to be delineated in accordance
with manual. Wetlands regulated under development
regulations adopted pursuant to this chapter shall be delineated in accordance with the manual adopted by the department
pursuant to RCW 90.58.380. [1995 c 382 § 12.]
36.70A.177 Agricultural lands—Innovative zoning
techniques. (1) A county or a city may use a variety of
innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under
RCW 36.70A.170. The innovative zoning techniques should
be designed to conserve agricultural lands and encourage the
agricultural economy. A county or city should encourage
nonagricultural uses to be limited to lands with poor soils or
otherwise not suitable for agricultural purposes.
(2) Innovative zoning techniques a county or city may
consider include, but are not limited to:
[Title 36 RCW—page 184]
(a) Agricultural zoning, which limits the density of
development and restricts or prohibits nonfarm uses of
agricultural land;
(b) Cluster zoning, which allows new development on
one portion of the land, leaving the remainder in agricultural
or open space uses;
(c) Large lot zoning, which establishes as a minimum
lot size the amount of land necessary to achieve a successful
farming practice;
(d) Quarter/quarter zoning, which permits one residential
dwelling on a one-acre minimum lot for each one-sixteenth
of a section of land; and
(e) Sliding scale zoning, which allows the number of
lots for single-family residential purposes with a minimum
lot size of one acre to increase inversely as the size of the
total acreage increases. [1997 c 429 § 23.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.180 Report on planning progress. (1) It is
the intent of the legislature that counties and cities required
to adopt a comprehensive plan under RCW 36.70A.040(1)
begin implementing this chapter on or before July 1, 1990,
including but not limited to: (a) Inventorying, designating,
and conserving agricultural, forest, and mineral resource
lands, and critical areas; and (b) considering the modification
or adoption of comprehensive land use plans and development regulations implementing the comprehensive land use
plans. It is also the intent of the legislature that funds be
made available to counties and cities beginning July 1, 1990,
to assist them in meeting the requirements of this chapter.
(2) Each county and city that adopts a plan under RCW
36.70A.040 (1) or (2) shall report to the department annually
for a period of five years, beginning on January 1, 1991, and
each five years thereafter, on the progress made by that
county or city in implementing this chapter. [1990 1st ex.s.
c 17 § 19.]
36.70A.190 Technical assistance, procedural
criteria, grants, and mediation services. (1) The department shall establish a program of technical and financial
assistance and incentives to counties and cities to encourage
and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the
state.
(2) The department shall develop a priority list and
establish funding levels for planning and technical assistance
grants both for counties and cities that plan under RCW
36.70A.040. Priority for assistance shall be based on a
county’s or city’s population growth rates, commercial and
industrial development rates, the existence and quality of a
comprehensive plan and development regulations, and other
relevant factors.
(3) The department shall develop and administer a grant
program to provide direct financial assistance to counties and
cities for the preparation of comprehensive plans under this
chapter. The department may establish provisions for county
and city matching funds to conduct activities under this
subsection. Grants may be expended for any purpose
directly related to the preparation of a county or city
comprehensive plan as the county or city and the department
may agree, including, without limitation, the conducting of
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
surveys, inventories and other data gathering and management activities, the retention of planning consultants,
contracts with regional councils for planning and related
services, and other related purposes.
(4) The department shall establish a program of technical assistance:
(a) Utilizing department staff, the staff of other state
agencies, and the technical resources of counties and cities
to help in the development of comprehensive plans required
under this chapter. The technical assistance may include, but
not be limited to, model land use ordinances, regional
education and training programs, and information for local
and regional inventories; and
(b) Adopting by rule procedural criteria to assist
counties and cities in adopting comprehensive plans and
development regulations that meet the goals and requirements of this chapter. These criteria shall reflect regional
and local variations and the diversity that exists among
different counties and cities that plan under this chapter.
(5) The department shall provide mediation services to
resolve disputes between counties and cities regarding,
among other things, coordination of regional issues and
designation of urban growth areas.
(6) The department shall provide planning grants to
enhance citizen participation under RCW 36.70A.140. [1991
sp.s. c 32 § 3; 1990 1st ex.s. c 17 § 20.]
36.70A.200 Siting of essential public facilities—
Limitation on liability. (1) The comprehensive plan of
each county and city that is planning under RCW
36.70A.040 shall include a process for identifying and siting
essential public facilities. Essential public facilities include
those facilities that are typically difficult to site, such as
airports, state education facilities and state or regional
transportation facilities as defined in RCW 47.06.140, state
and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse
facilities, mental health facilities, group homes, and secure
community transition facilities as defined in RCW 71.09.020.
(2) Each county and city planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish
a process, or amend its existing process, for identifying and
siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of
secure community transition facilities consistent with
statutory requirements applicable to these facilities.
(3) Any city or county not planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish
a process for siting secure community transition facilities and
adopt or amend its development regulations as necessary to
provide for the siting of such facilities consistent with
statutory requirements applicable to these facilities.
(4) The office of financial management shall maintain
a list of those essential state public facilities that are required
or likely to be built within the next six years. The office of
financial management may at any time add facilities to the
list.
(5) No local comprehensive plan or development
regulation may preclude the siting of essential public
facilities.
(2002 Ed.)
36.70A.190
(6) No person may bring a cause of action for civil
damages based on the good faith actions of any county or
city to provide for the siting of secure community transition
facilities in accordance with this section and with the
requirements of chapter 12, Laws of 2001 2nd sp. sess. For
purposes of this subsection, "person" includes, but is not
limited to, any individual, agency as defined in RCW
42.17.020, corporation, partnership, association, and limited
liability entity.
(7) Counties or cities siting facilities pursuant to
subsection (2) or (3) of this section shall comply with RCW
71.09.341.
(8) The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is
not:
(a) A condition that would disqualify the county or city
for grants, loans, or pledges under RCW 43.155.070 or
70.146.070;
(b) A consideration for grants or loans provided under
RCW 43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or
for any private cause of action. [2002 c 68 § 2; 2001 2nd
sp.s. c 12 § 205; 1998 c 171 § 3; 1991 sp.s. c 32 § 1.]
Purpose—2002 c 68: "The purpose of this act is to:
(1) Enable the legislature to act upon the recommendations of the joint
select committee on the equitable distribution of secure community
transition facilities established in section 225, chapter 12, Laws of 2001 2nd
sp. sess.; and
(2) Harmonize the preemption provisions in RCW 71.09.250 with the
preemption provisions applying to future secure community transition
facilities to reflect the joint select committee’s recommendation that the
preemption granted for future secure community transition facilities be the
same throughout the state." [2002 c 68 § 1.]
Severability—2002 c 68: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 68 § 19.]
Effective date—2002 c 68: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 21, 2002]." [2002 c 68 § 20.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
36.70A.210 County-wide planning policies. (1) The
legislature recognizes that counties are regional governments
within their boundaries, and cities are primary providers of
urban governmental services within urban growth areas. For
the purposes of this section, a "county-wide planning policy"
is a written policy statement or statements used solely for
establishing a county-wide framework from which county
and city comprehensive plans are developed and adopted
pursuant to this chapter. This framework shall ensure that
city and county comprehensive plans are consistent as
required in RCW 36.70A.100. Nothing in this section shall
be construed to alter the land-use powers of cities.
(2) The legislative authority of a county that plans under
RCW 36.70A.040 shall adopt a county-wide planning policy
in cooperation with the cities located in whole or in part
within the county as follows:
(a) No later than sixty calendar days from July 16,
1991, the legislative authority of each county that as of June
1, 1991, was required or chose to plan under RCW
36.70A.040 shall convene a meeting with representatives of
[Title 36 RCW—page 185]
36.70A.210
Title 36 RCW: Counties
each city located within the county for the purpose of
establishing a collaborative process that will provide a
framework for the adoption of a county-wide planning
policy. In other counties that are required or choose to plan
under RCW 36.70A.040, this meeting shall be convened no
later than sixty days after the date the county adopts its
resolution of intention or was certified by the office of financial management.
(b) The process and framework for adoption of a
county-wide planning policy specified in (a) of this subsection shall determine the manner in which the county and the
cities agree to all procedures and provisions including but
not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and
financing, if any, of all activities associated therewith.
(c) If a county fails for any reason to convene a meeting
with representatives of cities as required in (a) of this
subsection, the governor may immediately impose any
appropriate sanction or sanctions on the county from those
specified under RCW 36.70A.340.
(d) If there is no agreement by October 1, 1991, in a
county that was required or chose to plan under RCW
36.70A.040 as of June 1, 1991, or if there is no agreement
within one hundred twenty days of the date the county
adopted its resolution of intention or was certified by the
office of financial management in any other county that is
required or chooses to plan under RCW 36.70A.040, the
governor shall first inquire of the jurisdictions as to the
reason or reasons for failure to reach an agreement. If the
governor deems it appropriate, the governor may immediately request the assistance of the department of community, trade, and economic development to mediate any disputes
that preclude agreement. If mediation is unsuccessful in
resolving all disputes that will lead to agreement, the
governor may impose appropriate sanctions from those
specified under RCW 36.70A.340 on the county, city, or
cities for failure to reach an agreement as provided in this
section. The governor shall specify the reason or reasons for
the imposition of any sanction.
(e) No later than July 1, 1992, the legislative authority
of each county that was required or chose to plan under
RCW 36.70A.040 as of June 1, 1991, or no later than
fourteen months after the date the county adopted its
resolution of intention or was certified by the office of
financial management the county legislative authority of any
other county that is required or chooses to plan under RCW
36.70A.040, shall adopt a county-wide planning policy
according to the process provided under this section and that
is consistent with the agreement pursuant to (b) of this
subsection, and after holding a public hearing or hearings on
the proposed county-wide planning policy.
(3) A county-wide planning policy shall at a minimum,
address the following:
(a) Policies to implement RCW 36.70A.110;
(b) Policies for promotion of contiguous and orderly
development and provision of urban services to such
development;
(c) Policies for siting public capital facilities of a
county-wide or statewide nature, including transportation
facilities of statewide significance as defined in RCW
47.06.140;
[Title 36 RCW—page 186]
(d) Policies for county-wide transportation facilities and
strategies;
(e) Policies that consider the need for affordable
housing, such as housing for all economic segments of the
population and parameters for its distribution;
(f) Policies for joint county and city planning within
urban growth areas;
(g) Policies for county-wide economic development and
employment; and
(h) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may participate in
and cooperate with the county-wide planning policy adoption
process. Adopted county-wide planning policies shall be
adhered to by state agencies.
(5) Failure to adopt a county-wide planning policy that
meets the requirements of this section may result in the
imposition of a sanction or sanctions on a county or city
within the county, as specified in RCW 36.70A.340. In
imposing a sanction or sanctions, the governor shall specify
the reasons for failure to adopt a county-wide planning
policy in order that any imposed sanction or sanctions are
fairly and equitably related to the failure to adopt a countywide planning policy.
(6) Cities and the governor may appeal an adopted
county-wide planning policy to the growth management
hearings board within sixty days of the adoption of the
county-wide planning policy.
(7) Multicounty planning policies shall be adopted by
two or more counties, each with a population of four
hundred fifty thousand or more, with contiguous urban areas
and may be adopted by other counties, according to the
process established under this section or other processes
agreed to among the counties and cities within the affected
counties throughout the multicounty region. [1998 c 171 §
4; 1994 c 249 § 28; 1993 sp.s. c 6 § 4; 1991 sp.s. c 32 § 2.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1993 sp.s. c 6: See note following RCW
36.70A.040.
36.70A.215 Review and evaluation program. (1)
Subject to the limitations in subsection (7) of this section, a
county shall adopt, in consultation with its cities, countywide planning policies to establish a review and evaluation
program. This program shall be in addition to the requirements of RCW 36.70A.110, 36.70A.130, and 36.70A.210.
In developing and implementing the review and evaluation
program required by this section, the county and its cities
shall consider information from other appropriate jurisdictions and sources. The purpose of the review and evaluation
program shall be to:
(a) Determine whether a county and its cities are
achieving urban densities within urban growth areas by
comparing growth and development assumptions, targets, and
objectives contained in the county-wide planning policies and
the county and city comprehensive plans with actual growth
and development that has occurred in the county and its
cities; and
(b) Identify reasonable measures, other than adjusting
urban growth areas, that will be taken to comply with the
requirements of this chapter.
(2) The review and evaluation program shall:
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
(a) Encompass land uses and activities both within and
outside of urban growth areas and provide for annual
collection of data on urban and rural land uses, development,
critical areas, and capital facilities to the extent necessary to
determine the quantity and type of land suitable for development, both for residential and employment-based activities;
(b) Provide for evaluation of the data collected under (a)
of this subsection every five years as provided in subsection
(3) of this section. The first evaluation shall be completed
not later than September 1, 2002. The county and its cities
may establish in the county-wide planning policies indicators, benchmarks, and other similar criteria to use in
conducting the evaluation;
(c) Provide for methods to resolve disputes among
jurisdictions relating to the county-wide planning policies
required by this section and procedures to resolve inconsistencies in collection and analysis of data; and
(d) Provide for the amendment of the county-wide
policies and county and city comprehensive plans as needed
to remedy an inconsistency identified through the evaluation
required by this section, or to bring these policies into compliance with the requirements of this chapter.
(3) At a minimum, the evaluation component of the
program required by subsection (1) of this section shall:
(a) Determine whether there is sufficient suitable land
to accommodate the county-wide population projection
established for the county pursuant to RCW 43.62.035 and
the subsequent population allocations within the county and
between the county and its cities and the requirements of
RCW 36.70A.110;
(b) Determine the actual density of housing that has
been constructed and the actual amount of land developed
for commercial and industrial uses within the urban growth
area since the adoption of a comprehensive plan under this
chapter or since the last periodic evaluation as required by
subsection (1) of this section; and
(c) Based on the actual density of development as
determined under (b) of this subsection, review commercial,
industrial, and housing needs by type and density range to
determine the amount of land needed for commercial, industrial, and housing for the remaining portion of the twentyyear planning period used in the most recently adopted
comprehensive plan.
(4) If the evaluation required by subsection (3) of this
section demonstrates an inconsistency between what has
occurred since the adoption of the county-wide planning
policies and the county and city comprehensive plans and
development regulations and what was envisioned in those
policies and plans and the planning goals and the requirements of this chapter, as the inconsistency relates to the
evaluation factors specified in subsection (3) of this section,
the county and its cities shall adopt and implement measures
that are reasonably likely to increase consistency during the
subsequent five-year period. If necessary, a county, in
consultation with its cities as required by RCW 36.70A.210,
shall adopt amendments to county-wide planning policies to
increase consistency. The county and its cities shall annually
monitor the measures adopted under this subsection to
determine their effect and may revise or rescind them as
appropriate.
(5)(a) Not later than July 1, 1998, the department shall
prepare a list of methods used by counties and cities in
(2002 Ed.)
36.70A.215
carrying out the types of activities required by this section.
The department shall provide this information and appropriate technical assistance to counties and cities required to
or choosing to comply with the provisions of this section.
(b) By December 31, 2007, the department shall submit
to the appropriate committees of the legislature a report
analyzing the effectiveness of the activities described in this
section in achieving the goals envisioned by the county-wide
planning policies and the comprehensive plans and development regulations of the counties and cities.
(6) From funds appropriated by the legislature for this
purpose, the department shall provide grants to counties,
cities, and regional planning organizations required under
subsection (7) of this section to conduct the review and
perform the evaluation required by this section.
(7) The provisions of this section shall apply to counties, and the cities within those counties, that were greater
than one hundred fifty thousand in population in 1995 as
determined by office of financial management population
estimates and that are located west of the crest of the
Cascade mountain range. Any other county planning under
RCW 36.70A.040 may carry out the review, evaluation, and
amendment programs and procedures as provided in this
section. [1997 c 429 § 25.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.250 Growth management hearings boards.
(1) There are hereby created three growth management
hearings boards for the state of Washington. The boards
shall be established as follows:
(a) An Eastern Washington board with jurisdictional
boundaries including all counties that are required to or
choose to plan under RCW 36.70A.040 and are located east
of the crest of the Cascade mountains;
(b) A Central Puget Sound board with jurisdictional
boundaries including King, Pierce, Snohomish, and Kitsap
counties; and
(c) A Western Washington board with jurisdictional
boundaries including all counties that are required or choose
to plan under RCW 36.70A.040 and are located west of the
crest of the Cascade mountains and are not included in the
Central Puget Sound board jurisdictional boundaries.
Skamania county, should it be required or choose to plan
under RCW 36.70A.040, may elect to be included within the
jurisdictional boundaries of either the Western or Eastern
board.
(2) Each board shall only hear matters pertaining to the
cities and counties located within its jurisdictional boundaries. [1994 c 249 § 29; 1991 sp.s. c 32 § 5.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.260 Growth management hearings boards—
Qualifications. (1) Each growth management hearings
board shall consist of three members qualified by experience
or training in matters pertaining to land use planning and
residing within the jurisdictional boundaries of the applicable
board. At least one member of each board must be admitted
to practice law in this state and at least one member must
have been a city or county elected official. Each board shall
be appointed by the governor and not more than two
[Title 36 RCW—page 187]
36.70A.260
Title 36 RCW: Counties
members at the time of appointment or during their term
shall be members of the same political party. No more than
two members at the time of appointment or during their term
shall reside in the same county.
(2) Each member of a board shall be appointed for a
term of six years. A vacancy shall be filled by appointment
by the governor for the unexpired portion of the term in
which the vacancy occurs. The terms of the first three
members of a board shall be staggered so that one member
is appointed to serve until July 1, 1994, one member until
July 1, 1996, and one member until July 1, 1998. [1994 c
249 § 30; 1991 sp.s. c 32 § 6.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.270 Growth management hearings boards—
Conduct, procedure, and compensation. Each growth
management hearings board shall be governed by the
following rules on conduct and procedure:
(1) Any board member may be removed for inefficiency, malfeasance, and misfeasance in office, under specific
written charges filed by the governor. The governor shall
transmit such written charges to the member accused and the
chief justice of the supreme court. The chief justice shall
thereupon designate a tribunal composed of three judges of
the superior court to hear and adjudicate the charges.
Removal of any member of a board by the tribunal shall
disqualify such member for reappointment.
(2) Each board member shall receive reimbursement for
travel expenses incurred in the discharge of his or her duties
in accordance with RCW 43.03.050 and 43.03.060. If it is
determined that the review boards shall operate on a fulltime basis, each member shall receive an annual salary to be
determined by the governor pursuant to RCW 43.03.040. If
it is determined that a review board shall operate on a parttime basis, each member shall receive compensation pursuant
to RCW 43.03.250, provided such amount shall not exceed
the amount that would be set if they were a full-time board
member. The principal office of each board shall be located
by the governor within the jurisdictional boundaries of each
board. The boards shall operate on either a part-time or fulltime basis, as determined by the governor.
(3) Each board member shall not: (a) Be a candidate
for or hold any other public office or trust; (b) engage in any
occupation or business interfering with or inconsistent with
his or her duty as a board member; and (c) for a period of
one year after the termination of his or her board membership, act in a representative capacity before the board on any
matter.
(4) A majority of each board shall constitute a quorum
for making orders or decisions, adopting rules necessary for
the conduct of its powers and duties, or transacting other
official business, and may act even though one position of
the board is vacant. One or more members may hold
hearings and take testimony to be reported for action by the
board when authorized by rule or order of the board. The
board shall perform all the powers and duties specified in
this chapter or as otherwise provided by law.
(5) The board may appoint one or more hearing examiners to assist the board in its hearing function, to make
conclusions of law and findings of fact and, if requested by
the board, to make recommendations to the board for
[Title 36 RCW—page 188]
decisions in cases before the board. Such hearing examiners
must have demonstrated knowledge of land use planning and
law. The boards shall specify in their joint rules of practice
and procedure, as required by subsection (7) of this section,
the procedure and criteria to be employed for designating
hearing examiners as a presiding officer. Hearing examiners
selected by a board shall meet the requirements of subsection
(3) of this section. The findings and conclusions of the
hearing examiner shall not become final until they have been
formally approved by the board. This authorization to use
hearing examiners does not waive the requirement of RCW
36.70A.300 that final orders be issued within one hundred
eighty days of board receipt of a petition.
(6) Each board shall make findings of fact and prepare
a written decision in each case decided by it, and such
findings and decision shall be effective upon being signed by
two or more members of the board and upon being filed at
the board’s principal office, and shall be open for public inspection at all reasonable times.
(7) All proceedings before the board, any of its members, or a hearing examiner appointed by the board shall be
conducted in accordance with such administrative rules of
practice and procedure as the boards jointly prescribe. All
three boards shall jointly meet to develop and adopt joint
rules of practice and procedure, including rules regarding
expeditious and summary disposition of appeals. The boards
shall publish such rules and decisions they render and arrange for the reasonable distribution of the rules and decisions. Except as it conflicts with specific provisions of this
chapter, the administrative procedure act, chapter 34.05
RCW, and specifically including the provisions of RCW
34.05.455 governing ex parte communications, shall govern
the practice and procedure of the boards.
(8) A board member or hearing examiner is subject to
disqualification under chapter 34.05 RCW. The joint rules
of practice of the boards shall establish procedures by which
a party to a hearing conducted before the board may file
with the board a motion to disqualify, with supporting
affidavit, against a board member or hearing examiner
assigned to preside at the hearing.
(9) The members of the boards shall meet jointly on at
least an annual basis with the objective of sharing information that promotes the goals and purposes of this chapter.
[1997 c 429 § 11; 1996 c 325 § 1; 1994 c 257 § 1; 1991
sp.s. c 32 § 7.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Severability—1996 c 325: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 325 § 6.]
Effective date—1996 c 325: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 30, 1996]." [1996 c 325 § 7.]
Severability—1994 c 257: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 257 § 26.]
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
36.70A.280 Matters subject to board review. (1) A
growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That a state agency, county, or city planning under
this chapter is not in compliance with the requirements of
this chapter, chapter 90.58 RCW as it relates to the adoption
of shoreline master programs or amendments thereto, or
chapter 43.21C RCW as it relates to plans, development
regulations, or amendments, adopted under RCW 36.70A.040
or chapter 90.58 RCW; or
(b) That the twenty-year growth management planning
population projections adopted by the office of financial
management pursuant to RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by: (a) The state, or a
county or city that plans under this chapter; (b) a person who
has participated orally or in writing before the county or city
regarding the matter on which a review is being requested;
(c) a person who is certified by the governor within sixty
days of filing the request with the board; or (d) a person
qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any
individual, partnership, corporation, association, state agency,
governmental subdivision or unit thereof, or public or private
organization or entity of any character.
(4) When considering a possible adjustment to a growth
management planning population projection prepared by the
office of financial management, a board shall consider the
implications of any such adjustment to the population
forecast for the entire state.
The rationale for any adjustment that is adopted by a
board must be documented and filed with the office of
financial management within ten working days after adoption.
If adjusted by a board, a county growth management
planning population projection shall only be used for the
planning purposes set forth in this chapter and shall be
known as a "board adjusted population projection". None of
these changes shall affect the official state and county
population forecasts prepared by the office of financial
management, which shall continue to be used for state budget and planning purposes. [1996 c 325 § 2; 1995 c 347 §
108; 1994 c 249 § 31; 1991 sp.s. c 32 § 9.]
Severability—Effective date—1996 c 325: See notes following
RCW 36.70A.270.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.290 Petitions to growth management
hearings boards—Evidence. (1) All requests for review to
a growth management hearings board shall be initiated by
filing a petition that includes a detailed statement of issues
presented for resolution by the board. The board shall
render written decisions articulating the basis for its holdings. The board shall not issue advisory opinions on issues
not presented to the board in the statement of issues, as
modified by any prehearing order.
(2) All petitions relating to whether or not an adopted
comprehensive plan, development regulation, or permanent
amendment thereto, is in compliance with the goals and
requirements of this chapter or chapter 90.58 or 43.21C
(2002 Ed.)
36.70A.280
RCW must be filed within sixty days after publication by the
legislative bodies of the county or city.
(a) Except as provided in (c) of this subsection, the date
of publication for a city shall be the date the city publishes
the ordinance, or summary of the ordinance, adopting the
comprehensive plan or development regulations, or amendment thereto, as is required to be published.
(b) Promptly after adoption, a county shall publish a
notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall
be the date the county publishes the notice that it has
adopted the comprehensive plan or development regulations,
or amendment thereto.
(c) For local governments planning under RCW
36.70A.040, promptly after approval or disapproval of a
local government s shoreline master program or amendment
thereto by the department of ecology as provided in RCW
90.58.090, the local government shall publish a notice that
the shoreline master program or amendment thereto has been
approved or disapproved by the department of ecology. For
purposes of this section, the date of publication for the
adoption or amendment of a shoreline master program is the
date the local government publishes notice that the shoreline
master program or amendment thereto has been approved or
disapproved by the department of ecology.
(3) Unless the board dismisses the petition as frivolous
or finds that the person filing the petition lacks standing, or
the parties have filed an agreement to have the case heard in
superior court as provided in RCW 36.70A.295, the board
shall, within ten days of receipt of the petition, set a time for
hearing the matter.
(4) The board shall base its decision on the record
developed by the city, county, or the state and supplemented
with additional evidence if the board determines that such
additional evidence would be necessary or of substantial
assistance to the board in reaching its decision.
(5) The board, shall consolidate, when appropriate, all
petitions involving the review of the same comprehensive
plan or the same development regulation or regulations.
[1997 c 429 § 12; 1995 c 347 § 109. Prior: 1994 c 257 §
2; 1994 c 249 § 26; 1991 sp.s. c 32 § 10.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.295 Direct judicial review. (1) The superior
court may directly review a petition for review filed under
RCW 36.70A.290 if all parties to the proceeding before the
board have agreed to direct review in the superior court.
The agreement of the parties shall be in writing and signed
by all of the parties to the proceeding or their designated
representatives. The agreement shall include the parties’
agreement to proper venue as provided in RCW
36.70A.300(5). The parties shall file their agreement with
the board within ten days after the date the petition is filed,
[Title 36 RCW—page 189]
36.70A.295
Title 36 RCW: Counties
or if multiple petitions have been filed and the board has
consolidated the petitions pursuant to RCW 36.70A.300,
within ten days after the board serves its order of consolidation.
(2) Within ten days of receiving the timely and complete agreement of the parties, the board shall file a certificate of agreement with the designated superior court and
shall serve the parties with copies of the certificate. The
superior court shall obtain exclusive jurisdiction over a petition when it receives the certificate of agreement. With the
certificate of agreement the board shall also file the petition
for review, any orders entered by the board, all other
documents in the board’s files regarding the action, and the
written agreement of the parties.
(3) For purposes of a petition that is subject to direct
review, the superior court’s subject matter jurisdiction shall
be equivalent to that of the board. Consistent with the
requirements of the superior court civil rules, the superior
court may consolidate a petition subject to direct review
under this section with a separate action filed in the superior
court.
(4)(a) Except as otherwise provided in (b) and (c) of
this subsection, the provisions of RCW 36.70A.280 through
36.70A.330, which specify the nature and extent of board
review, shall apply to the superior court’s review.
(b) The superior court:
(i) Shall not have jurisdiction to directly review or
modify an office of financial management population
projection;
(ii) Except as otherwise provided in RCW
36.70A.300(2)(b), shall render its decision on the petition
within one hundred eighty days of receiving the certification
of agreement; and
(iii) Shall give a compliance hearing under RCW
36.70A.330(2) the highest priority of all civil matters before
the court.
(c) An aggrieved party may secure appellate review of
a final judgment of the superior court under this section by
the supreme court or the court of appeals. The review shall
be secured in the manner provided by law for review of
superior court decisions in other civil cases.
(5) If, following a compliance hearing, the court finds
that the state agency, county, or city is not in compliance
with the court’s prior order, the court may use its remedial
and contempt powers to enforce compliance.
(6) The superior court shall transmit a copy of its
decision and order on direct review to the board, the
department, and the governor. If the court has determined
that a county or city is not in compliance with the provisions
of this chapter, the governor may impose sanctions against
the county or city in the same manner as if a board had
recommended the imposition of sanctions as provided in
RCW 36.70A.330.
(7) After the court has assumed jurisdiction over a
petition for review under this section, the superior court civil
rules shall govern a request for intervention and all other
procedural matters not specifically provided for in this
section. [1997 c 429 § 13.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
[Title 36 RCW—page 190]
36.70A.300 Final orders. (1) The board shall issue
a final order that shall be based exclusively on whether or
not a state agency, county, or city is in compliance with the
requirements of this chapter, chapter 90.58 RCW as it relates
to adoption or amendment of shoreline master programs, or
chapter 43.21C RCW as it relates to adoption of plans,
development regulations, and amendments thereto, under
RCW 36.70A.040 or chapter 90.58 RCW.
(2)(a) Except as provided in (b) of this subsection, the
final order shall be issued within one hundred eighty days of
receipt of the petition for review, or, if multiple petitions are
filed, within one hundred eighty days of receipt of the last
petition that is consolidated.
(b) The board may extend the period of time for issuing
a decision to enable the parties to settle the dispute if
additional time is necessary to achieve a settlement, and (i)
an extension is requested by all parties, or (ii) an extension
is requested by the petitioner and respondent and the board
determines that a negotiated settlement between the remaining parties could resolve significant issues in dispute. The
request must be filed with the board not later than seven
days before the date scheduled for the hearing on the merits
of the petition. The board may authorize one or more
extensions for up to ninety days each, subject to the requirements of this section.
(3) In the final order, the board shall either:
(a) Find that the state agency, county, or city is in
compliance with the requirements of this chapter, chapter
90.58 RCW as it relates to the adoption or amendment of
shoreline master programs, or chapter 43.21C RCW as it
relates to adoption of plans, development regulations, and
amendments thereto, under RCW 36.70A.040 or chapter
90.58 RCW; or
(b) Find that the state agency, county, or city is not in
compliance with the requirements of this chapter, chapter
90.58 RCW as it relates to the adoption or amendment of
shoreline master programs, or chapter 43.21C RCW as it
relates to adoption of plans, development regulations, and
amendments thereto, under RCW 36.70A.040 or chapter
90.58 RCW, in which case the board shall remand the matter
to the affected state agency, county, or city. The board shall
specify a reasonable time not in excess of one hundred
eighty days, or such longer period as determined by the
board in cases of unusual scope or complexity, within which
the state agency, county, or city shall comply with the
requirements of this chapter. The board may require
periodic reports to the board on the progress the jurisdiction
is making towards compliance.
(4) Unless the board makes a determination of invalidity
as provided in RCW 36.70A.302, a finding of noncompliance and an order of remand shall not affect the validity of
comprehensive plans and development regulations during the
period of remand.
(5) Any party aggrieved by a final decision of the
hearings board may appeal the decision to superior court as
provided in RCW 34.05.514 or 36.01.050 within thirty days
of the final order of the board. [1997 c 429 § 14; 1995 c
347 § 110; 1991 sp.s. c 32 § 11.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.302 Determination of invalidity—Vesting of
development permits—Interim controls. (1) A board may
determine that part or all of a comprehensive plan or
development regulations are invalid if the board:
(a) Makes a finding of noncompliance and issues an
order of remand under RCW 36.70A.300;
(b) Includes in the final order a determination, supported
by findings of fact and conclusions of law, that the continued
validity of part or parts of the plan or regulation would
substantially interfere with the fulfillment of the goals of this
chapter; and
(c) Specifies in the final order the particular part or
parts of the plan or regulation that are determined to be
invalid, and the reasons for their invalidity.
(2) A determination of invalidity is prospective in effect
and does not extinguish rights that vested under state or local
law before receipt of the board’s order by the city or county.
The determination of invalidity does not apply to a completed development permit application for a project that vested
under state or local law before receipt of the board’s order
by the county or city or to related construction permits for
that project.
(3)(a) Except as otherwise provided in subsection (2) of
this section and (b) of this subsection, a development permit
application not vested under state or local law before receipt
of the board’s order by the county or city vests to the local
ordinance or resolution that is determined by the board not
to substantially interfere with the fulfillment of the goals of
this chapter.
(b) Even though the application is not vested under state
or local law before receipt by the county or city of the
board’s order, a determination of invalidity does not apply
to a development permit application for:
(i) A permit for construction by any owner, lessee, or
contract purchaser of a single-family residence for his or her
own use or for the use of his or her family on a lot existing
before receipt by the county or city of the board’s order,
except as otherwise specifically provided in the board’s order
to protect the public health and safety;
(ii) A building permit and related construction permits
for remodeling, tenant improvements, or expansion of an
existing structure on a lot existing before receipt of the
board’s order by the county or city; and
(iii) A boundary line adjustment or a division of land
that does not increase the number of buildable lots existing
before receipt of the board’s order by the county or city.
(4) If the ordinance that adopts a plan or development
regulation under this chapter includes a savings clause
intended to revive prior policies or regulations in the event
the new plan or regulations are determined to be invalid, the
board shall determine under subsection (1) of this section
whether the prior policies or regulations are valid during the
period of remand.
(5) A county or city subject to a determination of
invalidity may adopt interim controls and other measures to
be in effect until it adopts a comprehensive plan and
development regulations that comply with the requirements
of this chapter. A development permit application may vest
(2002 Ed.)
36.70A.300
under an interim control or measure upon determination by
the board that the interim controls and other measures do not
substantially interfere with the fulfillment of the goals of this
chapter.
(6) A county or city subject to a determination of
invalidity may file a motion requesting that the board clarify,
modify, or rescind the order. The board shall expeditiously
schedule a hearing on the motion. At the hearing on the
motion, the parties may present information to the board to
clarify the part or parts of the comprehensive plan or
development regulations to which the final order applies.
The board shall issue any supplemental order based on the
information provided at the hearing not later than thirty days
after the date of the hearing.
(7)(a) If a determination of invalidity has been made
and the county or city has enacted an ordinance or resolution
amending the invalidated part or parts of the plan or regulation or establishing interim controls on development affected
by the order of invalidity, after a compliance hearing, the
board shall modify or rescind the determination of invalidity
if it determines under the standard in subsection (1) of this
section that the plan or regulation, as amended or made
subject to such interim controls, will no longer substantially
interfere with the fulfillment of the goals of this chapter.
(b) If the board determines that part or parts of the plan
or regulation are no longer invalid as provided in this
subsection, but does not find that the plan or regulation is in
compliance with all of the requirements of this chapter, the
board, in its order, may require periodic reports to the board
on the progress the jurisdiction is making towards compliance. [1997 c 429 § 16.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.305 Expedited review. The court shall
provide expedited review of a determination of invalidity or
an order effectuating a determination of invalidity made or
issued under *RCW 36.70A.300. The matter must be set for
hearing within sixty days of the date set for submitting the
board’s record, absent a showing of good cause for a
different date or a stipulation of the parties. [1996 c 325 §
4.]
*Reviser’s note: The reference to RCW 36.70A.300 appears to refer
to the amendments made by 1996 c 325 § 3, which was vetoed by the
governor.
Severability—Effective date—1996 c 325: See notes following
RCW 36.70A.270.
36.70A.310 Limitations on appeal by the state. A
request for review by the state to a growth management
hearings board may be made only by the governor, or with
the governor’s consent the head of an agency, or by the
commissioner of public lands as relating to state trust lands,
for the review of whether: (1) A county or city that is
required or chooses to plan under RCW 36.70A.040 has
failed to adopt a comprehensive plan or development
regulations, or county-wide planning policies within the time
limits established by this chapter; or (2) a county or city that
is required or chooses to plan under this chapter has adopted
a comprehensive plan, development regulations, or countywide planning policies, that are not in compliance with the
[Title 36 RCW—page 191]
36.70A.310
Title 36 RCW: Counties
requirements of this chapter. [1994 c 249 § 32; 1991 sp.s.
c 32 § 12.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
36.70A.320 Presumption of validity—Burden of
proof—Plans and regulations. (1) Except as provided in
subsection (5) of this section, comprehensive plans and development regulations, and amendments thereto, adopted
under this chapter are presumed valid upon adoption.
(2) Except as otherwise provided in subsection (4) of
this section, the burden is on the petitioner to demonstrate
that any action taken by a state agency, county, or city under
this chapter is not in compliance with the requirements of
this chapter.
(3) In any petition under this chapter, the board, after
full consideration of the petition, shall determine whether
there is compliance with the requirements of this chapter. In
making its determination, the board shall consider the criteria
adopted by the department under RCW 36.70A.190(4). The
board shall find compliance unless it determines that the
action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light
of the goals and requirements of this chapter.
(4) A county or city subject to a determination of
invalidity made under RCW 36.70A.300 or 36.70A.302 has
the burden of demonstrating that the ordinance or resolution
it has enacted in response to the determination of invalidity
will no longer substantially interfere with the fulfillment of
the goals of this chapter under the standard in RCW
36.70A.302(1).
(5) The shoreline element of a comprehensive plan and
the applicable development regulations adopted by a county
or city shall take effect as provided in chapter 90.58 RCW.
[1997 c 429 § 20; 1995 c 347 § 111; 1991 sp.s. c 32 § 13.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.3201 Intent—Finding—1997 c 429 § 20(3).
In amending RCW 36.70A.320(3) by section 20(3), chapter
429, Laws of 1997, the legislature intends that the boards
apply a more deferential standard of review to actions of
counties and cities than the preponderance of the evidence
standard provided for under existing law. In recognition of
the broad range of discretion that may be exercised by
counties and cities consistent with the requirements of this
chapter, the legislature intends for the boards to grant
deference to counties and cities in how they plan for growth,
consistent with the requirements and goals of this chapter.
Local comprehensive plans and development regulations
require counties and cities to balance priorities and options
for action in full consideration of local circumstances. The
legislature finds that while this chapter requires local
planning to take place within a framework of state goals and
requirements, the ultimate burden and responsibility for planning, harmonizing the planning goals of this chapter, and
implementing a county’s or city’s future rests with that
community. [1997 c 429 § 2.]
[Title 36 RCW—page 192]
Prospective application—1997 c 429 §§ 1-21: "Except as otherwise
specifically provided in RCW 36.70A.335, sections 1 through 21, chapter
429, Laws of 1997 are prospective in effect and shall not affect the validity
of actions taken or decisions made before July 27, 1997." [1997 c 429 §
53.]
Severability—1997 c 429: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 429 § 54.]
36.70A.330 Noncompliance. (1) After the time set
for complying with the requirements of this chapter under
RCW 36.70A.300(3)(b) has expired, or at an earlier time
upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board shall set
a hearing for the purpose of determining whether the state
agency, county, or city is in compliance with the requirements of this chapter.
(2) The board shall conduct a hearing and issue a
finding of compliance or noncompliance with the requirements of this chapter and with any compliance schedule
established by the board in its final order. A person with
standing to challenge the legislation enacted in response to
the board’s final order may participate in the hearing along
with the petitioner and the state agency, county, or city. A
hearing under this subsection shall be given the highest
priority of business to be conducted by the board, and a
finding shall be issued within forty-five days of the filing of
the motion under subsection (1) of this section with the
board. The board shall issue any order necessary to make
adjustments to the compliance schedule and set additional
hearings as provided in subsection (5) of this section.
(3) If the board after a compliance hearing finds that the
state agency, county, or city is not in compliance, the board
shall transmit its finding to the governor. The board may
recommend to the governor that the sanctions authorized by
this chapter be imposed. The board shall take into consideration the county’s or city’s efforts to meet its compliance
schedule in making the decision to recommend sanctions to
the governor.
(4) In a compliance hearing upon petition of a party, the
board shall also reconsider its final order and decide, if no
determination of invalidity has been made, whether one now
should be made under RCW 36.70A.302.
(5) The board shall schedule additional hearings as
appropriate pursuant to subsections (1) and (2) of this
section. [1997 c 429 § 21; 1995 c 347 § 112; 1991 sp.s. c
32 § 14.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.335 Order of invalidity issued before July
27, 1997. A county or city subject to an order of invalidity
issued before July 27, 1997, by motion may request the
board to review the order of invalidity in light of the section
14, chapter 429, Laws of 1997 amendments to RCW
36.70A.300, the section 21, chapter 429, Laws of 1997
amendments to RCW 36.70A.330, and RCW 36.70A.302.
If a request is made, the board shall rescind or modify the
order of invalidity as necessary to make it consistent with
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
the section 14, chapter 429, Laws of 1997 amendments to
RCW 36.70A.300, and to the section 21, chapter 429, Laws
of 1997 amendments to RCW 36.70A.330, and RCW
36.70A.302. [1997 c 429 § 22.]
Prospective application—1997 c 429 §§ 1-21: See note following
RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
36.70A.340 Noncompliance and sanctions. Upon
receipt from the board of a finding that a state agency,
county, or city is in noncompliance under RCW 36.70A.330,
or as a result of failure to meet the requirements of RCW
36.70A.210, the governor may either:
(1) Notify and direct the director of the office of
financial management to revise allotments in appropriation
levels;
(2) Notify and direct the state treasurer to withhold the
portion of revenues to which the county or city is entitled
under one or more of the following: The motor vehicle fuel
tax, as provided in chapter 82.36 RCW; the transportation
improvement account, as provided in RCW 47.26.084; the
urban arterial trust account, as provided in RCW 47.26.080;
the rural arterial trust account, as provided in RCW
36.79.150; the sales and use tax, as provided in chapter
82.14 RCW; the liquor profit tax, as provided in RCW
66.08.190; and the liquor excise tax, as provided in RCW
82.08.170; or
(3) File a notice of noncompliance with the secretary of
state and the county or city, which shall temporarily rescind
the county or city’s authority to collect the real estate excise
tax under RCW 82.46.030 until the governor files a notice
rescinding the notice of noncompliance. [1991 sp.s. c 32 §
26.]
36.70A.345 Sanctions. The governor may impose a
sanction or sanctions specified under RCW 36.70A.340 on:
(1) A county or city that fails to designate critical areas,
agricultural lands, forest lands, or mineral resource lands
under RCW 36.70A.170 by the date such action was
required to have been taken; (2) a county or city that fails to
adopt development regulations under RCW 36.70A.060
protecting critical areas or conserving agricultural lands,
forest lands, or mineral resource lands by the date such
action was required to have been taken; (3) a county that
fails to designate urban growth areas under RCW
36.70A.110 by the date such action was required to have
been taken; and (4) a county or city that fails to adopt its
comprehensive plan or development regulations when such
actions are required to be taken.
Imposition of a sanction or sanctions under this section
shall be preceded by written findings by the governor, that
either the county or city is not proceeding in good faith to
meet the requirements of the act; or that the county or city
has unreasonably delayed taking the required action. The
governor shall consult with and communicate his or her
findings to the appropriate growth management hearings
board prior to imposing the sanction or sanctions. For those
counties or cities that are not required to plan or have not
opted in, the governor in imposing sanctions shall consider
the size of the jurisdiction relative to the requirements of this
(2002 Ed.)
36.70A.335
chapter and the degree of technical and financial assistance
provided. [1994 c 249 § 33; 1993 sp.s. c 6 § 5.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1993 sp.s. c 6: See note following RCW
36.70A.040.
36.70A.350 New fully contained communities. A
county required or choosing to plan under RCW 36.70A.040
may establish a process as part of its urban growth areas,
that are designated under RCW 36.70A.110, for reviewing
proposals to authorize new fully contained communities
located outside of the initially designated urban growth areas.
(1) A new fully contained community may be approved
in a county planning under this chapter if criteria including
but not limited to the following are met:
(a) New infrastructure is provided for and impact fees
are established consistent with the requirements of RCW
82.02.050;
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the new fully contained communities and adjacent urban development;
(d) A mix of uses is provided to offer jobs, housing, and
services to the residents of the new community;
(e) Affordable housing is provided within the new
community for a broad range of income levels;
(f) Environmental protection has been addressed and
provided for;
(g) Development regulations are established to ensure
urban growth will not occur in adjacent nonurban areas;
(h) Provision is made to mitigate impacts on designated
agricultural lands, forest lands, and mineral resource lands;
(i) The plan for the new fully contained community is
consistent with the development regulations established for
the protection of critical areas by the county pursuant to
RCW 36.70A.170.
(2) New fully contained communities may be approved
outside established urban growth areas only if a county
reserves a portion of the twenty-year population projection
and offsets the urban growth area accordingly for allocation
to new fully contained communities that meet the requirements of this chapter. Any county electing to establish a
new community reserve shall do so no more often than once
every five years as a part of the designation or review of
urban growth areas required by this chapter. The new
community reserve shall be allocated on a project-by-project
basis, only after specific project approval procedures have
been adopted pursuant to this chapter as a development
regulation. When a new community reserve is established,
urban growth areas designated pursuant to this chapter shall
accommodate the unreserved portion of the twenty-year
population projection.
Final approval of an application for a new fully contained community shall be considered an adopted amendment
to the comprehensive plan prepared pursuant to RCW
36.70A.070 designating the new fully contained community
as an urban growth area. [1991 sp.s. c 32 § 16.]
[Title 36 RCW—page 193]
36.70A.360
Title 36 RCW: Counties
36.70A.360 Master planned resorts. (1) Counties
that are required or choose to plan under RCW 36.70A.040
may permit master planned resorts which may constitute
urban growth outside of urban growth areas as limited by
this section. A master planned resort means a self-contained
and fully integrated planned unit development, in a setting of
significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site
indoor or outdoor recreational facilities.
(2) Capital facilities, utilities, and services, including
those related to sewer, water, storm water, security, fire
suppression, and emergency medical, provided on-site shall
be limited to meeting the needs of the master planned resort.
Such facilities, utilities, and services may be provided to a
master planned resort by outside service providers, including
municipalities and special purpose districts, provided that all
costs associated with service extensions and capacity
increases directly attributable to the master planned resort are
fully borne by the resort. A master planned resort and
service providers may enter into agreements for shared
capital facilities and utilities, provided that such facilities and
utilities serve only the master planned resort or urban growth
areas.
Nothing in this subsection may be construed as:
Establishing an order of priority for processing applications
for water right permits, for granting such permits, or for
issuing certificates of water right; altering or authorizing in
any manner the alteration of the place of use for a water
right; or affecting or impairing in any manner whatsoever an
existing water right.
All waters or the use of waters shall be regulated and
controlled as provided in chapters 90.03 and 90.44 RCW and
not otherwise.
(3) A master planned resort may include other residential uses within its boundaries, but only if the residential uses
are integrated into and support the on-site recreational nature
of the resort.
(4) A master planned resort may be authorized by a
county only if:
(a) The comprehensive plan specifically identifies
policies to guide the development of master planned resorts;
(b) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban land uses in the vicinity of the master planned resort,
except in areas otherwise designated for urban growth under
RCW 36.70A.110;
(c) The county includes a finding as a part of the
approval process that the land is better suited, and has more
long-term importance, for the master planned resort than for
the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated
as forest land or agricultural land under RCW 36.70A.170;
(d) The county ensures that the resort plan is consistent
with the development regulations established for critical
areas; and
(e) On-site and off-site infrastructure and service
impacts are fully considered and mitigated. [1998 c 112 §
2; 1991 sp.s. c 32 § 17.]
Intent—1998 c 112: "The primary intent of this act is to give effect
to recommendations by the 1994 department of community, trade, and
economic development’s master planned resort task force by clarifying that
[Title 36 RCW—page 194]
master planned resorts may make use of capital facilities, utilities, and
services provided by outside service providers, and may enter into
agreements for shared facilities with such providers, when all costs directly
attributable to the resort, including capacity increases, are fully borne by the
resort." [1998 c 112 § 1.]
36.70A.362 Master planned resorts—Existing resort
may be included. Counties that are required or choose to
plan under RCW 36.70A.040 may include existing resorts as
master planned resorts which may constitute urban growth
outside of urban growth areas as limited by this section. An
existing resort means a resort in existence on July 1, 1990,
and developed, in whole or in part, as a significantly selfcontained and integrated development that includes shortterm visitor accommodations associated with a range of
indoor and outdoor recreational facilities within the property
boundaries in a setting of significant natural amenities. An
existing resort may include other permanent residential uses,
conference facilities, and commercial activities supporting
the resort, but only if these other uses are integrated into and
consistent with the on-site recreational nature of the resort.
An existing resort may be authorized by a county only
if:
(1) The comprehensive plan specifically identifies
policies to guide the development of the existing resort;
(2) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban land uses in the vicinity of the existing resort, except in
areas otherwise designated for urban growth under RCW
36.70A.110 and *36.70A.360(1);
(3) The county includes a finding as a part of the
approval process that the land is better suited, and has more
long-term importance, for the existing resort than for the
commercial harvesting of timber or agricultural production,
if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170;
(4) The county finds that the resort plan is consistent
with the development regulations established for critical
areas; and
(5) On-site and off-site infrastructure impacts are fully
considered and mitigated.
A county may allocate a portion of its twenty-year
population projection, prepared by the office of financial
management, to the master planned resort corresponding to
the projected number of permanent residents within the
master planned resort. [1997 c 382 § 1.]
*Reviser’s note: RCW 36.70A.360 was amended by 1998 c 112 §
2, changing subsection (1) to subsection (4)(a).
36.70A.365 Major industrial developments. A
county required or choosing to plan under RCW 36.70A.040
may establish, in consultation with cities consistent with
provisions of RCW 36.70A.210, a process for reviewing and
approving proposals to authorize siting of specific major
industrial developments outside urban growth areas.
(1) "Major industrial development" means a master
planned location for a specific manufacturing, industrial, or
commercial business that: (a) Requires a parcel of land so
large that no suitable parcels are available within an urban
growth area; or (b) is a natural resource-based industry
requiring a location near agricultural land, forest land, or
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
mineral resource land upon which it is dependent. The
major industrial development shall not be for the purpose of
retail commercial development or multitenant office parks.
(2) A major industrial development may be approved
outside an urban growth area in a county planning under this
chapter if criteria including, but not limited to the following,
are met:
(a) New infrastructure is provided for and/or applicable
impact fees are paid;
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the major industrial
development and adjacent nonurban areas;
(d) Environmental protection including air and water
quality has been addressed and provided for;
(e) Development regulations are established to ensure
that urban growth will not occur in adjacent nonurban areas;
(f) Provision is made to mitigate adverse impacts on
designated agricultural lands, forest lands, and mineral
resource lands;
(g) The plan for the major industrial development is
consistent with the county’s development regulations
established for protection of critical areas; and
(h) An inventory of developable land has been conducted and the county has determined and entered findings that
land suitable to site the major industrial development is
unavailable within the urban growth area. Priority shall be
given to applications for sites that are adjacent to or in close
proximity to the urban growth area.
(3) Final approval of an application for a major industrial development shall be considered an adopted amendment
to the comprehensive plan adopted pursuant to RCW
36.70A.070 designating the major industrial development site
on the land use map as an urban growth area. Final approval of an application for a major industrial development shall
not be considered an amendment to the comprehensive plan
for the purposes of RCW 36.70A.130(2) and may be
considered at any time. [1995 c 190 § 1.]
36.70A.367 Major industrial developments—Master
planned locations. (1) In addition to the major industrial
development allowed under RCW 36.70A.365, a county
planning under RCW 36.70A.040 that meets the criteria in
subsection (9) or (10) of this section may establish, in
consultation with cities consistent with provisions of RCW
36.70A.210, a process for designating a bank of no more
than two master planned locations for major industrial
activity outside urban growth areas.
(2) A master planned location for major industrial
developments outside an urban growth area may be included
in the urban industrial land bank for the county if criteria
including, but not limited to, the following are met:
(a) New infrastructure is provided for and/or applicable
impact fees are paid;
(b) Transit-oriented site planning and traffic demand
management programs are implemented;
(c) Buffers are provided between the major industrial
development and adjacent nonurban areas;
(d) Environmental protection including air and water
quality has been addressed and provided for;
(2002 Ed.)
36.70A.365
(e) Development regulations are established to ensure
that urban growth will not occur in adjacent nonurban areas;
(f) Provision is made to mitigate adverse impacts on
designated agricultural lands, forest lands, and mineral
resource lands;
(g) The plan for the major industrial development is
consistent with the county’s development regulations
established for protection of critical areas;
(h) An inventory of developable land has been conducted as provided in RCW 36.70A.365;
(i) An interlocal agreement related to infrastructure cost
sharing and revenue sharing between the county and interested cities are [is] established;
(j) Provisions are established for determining the
availability of alternate sites within urban growth areas and
the long-term annexation feasibility of land sites outside of
urban growth areas; and
(k) Development regulations require the industrial land
bank site to be used primarily for locating industrial and
manufacturing businesses and specify that the gross floor
area of all commercial and service buildings or facilities
locating within the industrial land bank shall not exceed ten
percent of the total gross floor area of buildings or facilities
in the industrial land bank. The commercial and service
businesses operated within the ten percent gross floor area
limit shall be necessary to the primary industrial or manufacturing businesses within the industrial land bank. The
intent of this provision for commercial or service use is to
meet the needs of employees, clients, customers, vendors,
and others having business at the industrial site and as an
adjunct to the industry to attract and retain a quality work
force and to further other public objectives, such as trip
reduction. Such uses would not be promoted to attract
additional clientele from the surrounding area. The commercial and service businesses should be established concurrently with or subsequent to the industrial or manufacturing
businesses.
(3) In selecting master planned locations for inclusion
in the urban industrial land bank, priority shall be given to
locations that are adjacent to, or in close proximity to, an
urban growth area.
(4) Final approval of inclusion of a master planned
location in the urban industrial land bank shall be considered
an adopted amendment to the comprehensive plan adopted
pursuant to RCW 36.70A.070, except that RCW
36.70A.130(2) does not apply so that inclusion or exclusion
of master planned locations may be considered at any time.
(5) Once a master planned location has been included in
the urban industrial land bank, manufacturing and industrial
businesses that qualify as major industrial development under
RCW 36.70A.365 may be located there.
(6) Nothing in this section may be construed to alter the
requirements for a county to comply with chapter 43.21C
RCW.
(7)(a) The authority of a county meeting the criteria of
subsection (9) of this section to engage in the process of
including or excluding master planned locations from the
urban industrial land bank shall terminate on December 31,
2007. However, any location included in the urban industrial land bank on or before December 31, 2007, shall be
available for major industrial development as long as the
criteria of subsection (2) of this section are met. A county
[Title 36 RCW—page 195]
36.70A.367
Title 36 RCW: Counties
that has established or proposes to establish an industrial
land bank pursuant to this section shall review the need for
an industrial land bank within the county, including a review
of the availability of land for industrial and manufacturing
uses within the urban growth area, during the review and
evaluation of comprehensive plans and development regulations required by RCW 36.70A.130.
(b) The authority of a county meeting the criteria of
subsection (10) of this section to engage in the process of
including or excluding master planned locations from the
urban industrial land bank terminates on December 31, 2002.
However, any location included in the urban industrial land
bank on December 31, 2002, shall be available for major
industrial development as long as the criteria of subsection
(2) of this section are met.
(8) For the purposes of this section, "major industrial
development" means a master planned location suitable for
manufacturing or industrial businesses that: (a) Requires a
parcel of land so large that no suitable parcels are available
within an urban growth area; or (b) is a natural resourcebased industry requiring a location near agricultural land,
forest land, or mineral resource land upon which it is
dependent; or (c) requires a location with characteristics such
as proximity to transportation facilities or related industries
such that there is no suitable location in an urban growth
area. The major industrial development may not be for the
purpose of retail commercial development or multitenant
office parks.
(9) This section and the termination date specified in
subsection (7)(a) of this section apply to a county that at the
time the process is established under subsection (1) of this
section:
(a) Has a population greater than two hundred fifty
thousand and is part of a metropolitan area that includes a
city in another state with a population greater than two
hundred fifty thousand;
(b) Has a population greater than one hundred forty
thousand and is adjacent to another country;
(c) Has a population greater than forty thousand but less
than seventy-five thousand and has an average level of
unemployment for the preceding three years that exceeds the
average state unemployment for those years by twenty
percent; and
(i) Is bordered by the Pacific Ocean;
(ii) Is located in the Interstate 5 or Interstate 90 corridor; or
(iii) Is bordered by Hood Canal;
(d) Is east of the Cascade divide; and
(i) Borders another state to the south; or
(ii) Is located wholly south of Interstate 90 and borders
the Columbia river to the east; or
(e) Has an average level of unemployment for the
preceding three years that exceeds the average state unemployment for those years by twenty percent, and is bordered
by the Pacific Ocean and by Hood Canal.
(10) This section and the termination date specified in
subsection (7)(b) of this section apply to a county that at the
time the process is established under subsection (1) of this
section:
(a) Has a population greater than forty thousand but
fewer than eighty thousand;
[Title 36 RCW—page 196]
(b) Has an average level of unemployment for the
preceding three years that exceeds the average state unemployment for those years by twenty percent; and
(c) Is located in the Interstate 5 or Interstate 90 corridor.
(11) Any location included in an industrial land bank
pursuant to section 2, chapter 289, Laws of 1998, section 1,
chapter 402, Laws of 1997, and section 2, chapter 167, Laws
of 1996 shall remain available for major industrial development according to this section as long as the criteria of
subsection (2) of this section continue to be satisfied. [2002
c 306 § 1; 2001 c 326 § 1; 1998 c 289 § 2; 1997 c 402 § 1;
1996 c 167 § 2.]
Findings—Purpose—1998 c 289: "The legislature finds that to fulfill
the economic development goal of this chapter, it is beneficial to expand the
limited authorization for pilot projects for identifying locations for major
industrial activity in advance of specific proposals by an applicant. The
legislature further finds that land bank availability may provide economically disadvantaged counties the opportunity to attract new industrial activity
by offering expeditious siting and therefore promote a community’s
economic health and vitality. The purpose of this act is to authorize and
evaluate additional pilot projects for major industrial activity in economically disadvantaged counties." [1998 c 289 § 1.]
Findings—Purpose—1996 c 167: "In 1995 the legislature addressed
the demand for siting of major industrial facilities by passage of Engrossed
Senate Bill No. 5019, implementing a process for siting such activities
outside urban growth areas. The legislature recognizes that the 1995 act
requires consideration of numerous factors necessary to ensure that the
community can reasonably accommodate a major industrial development
outside an urban growth area.
The legislature finds that the existing case-by-case procedure for
evaluating and approving such a site under the 1995 act may operate to a
community’s economic disadvantage when a firm, for business reasons,
must make a business location decision expeditiously. The legislature
therefore finds that it would be useful to authorize, on a limited basis, and
evaluate a process for identifying locations for major industrial activity in
advance of specific proposals by an applicant.
It is the purpose of this act (1) to authorize a pilot project under which
a bank of major industrial development locations outside urban growth areas
is created for use in expeditiously siting such a development; (2) to evaluate
the impact of this process on the county’s compliance with chapter 36.70A
RCW; and (3) to encourage consolidation and planning, and environmental
review procedures under chapter 36.70B RCW." [1996 c 167 § 1.]
Effective date—1996 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 28, 1996]." [1996 c 167 § 3.]
36.70A.370 Protection of private property. (1) The
state attorney general shall establish by October 1, 1991, an
orderly, consistent process, including a checklist if appropriate, that better enables state agencies and local governments
to evaluate proposed regulatory or administrative actions to
assure that such actions do not result in an unconstitutional
taking of private property. It is not the purpose of this
section to expand or reduce the scope of private property
protections provided in the state and federal Constitutions.
The attorney general shall review and update the process at
least on an annual basis to maintain consistency with changes in case law.
(2) Local governments that are required or choose to
plan under RCW 36.70A.040 and state agencies shall utilize
the process established by subsection (1) of this section to
assure that proposed regulatory or administrative actions do
not result in an unconstitutional taking of private property.
(3) The attorney general, in consultation with the
Washington state bar association, shall develop a continuing
education course to implement this section.
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
(4) The process used by government agencies shall be
protected by attorney client privilege. Nothing in this
section grants a private party the right to seek judicial relief
requiring compliance with the provisions of this section.
[1991 sp.s. c 32 § 18.]
36.70A.380 Extension of designation date. The
department may extend the date by which a county or city
is required to designate agricultural lands, forest lands,
mineral resource lands, and critical areas under RCW
36.70A.170, or the date by which a county or city is required
to protect such lands and critical areas under RCW
36.70A.060, if the county or city demonstrates that it is
proceeding in an orderly fashion, and is making a good faith
effort, to meet these requirements. An extension may be for
up to an additional one hundred eighty days. The length of
an extension shall be based on the difficulty of the effort to
conform with these requirements. [1991 sp.s. c 32 § 39.]
36.70A.385 Environmental planning pilot projects.
(1) The legislature intends to determine whether the environmental review process mandated under chapter 43.21C RCW
may be enhanced and simplified, and coordination improved,
when applied to comprehensive plans mandated by this chapter. The department shall undertake pilot projects on
environmental review to determine if the review process can
be improved by fostering more coordination and eliminating
duplicative environmental analysis which is made to assist
decision makers approving comprehensive plans pursuant to
this chapter. Such pilot projects should be designed and
scoped to consider cumulative impacts resulting from plan
decisions, plan impacts on environmental quality, impacts on
adjacent jurisdictions, and similar factors in sufficient depth
to simplify the analysis of subsequent specific projects being
carried out pursuant to the approved plan.
(2) The legislature hereby authorizes the department to
establish, in cooperation with business, industry, cities,
counties, and other interested parties, at least two but not
more than four pilot projects, one of which shall be with a
county, on enhanced draft and final nonproject environmental
analysis of comprehensive plans prepared pursuant to this
chapter, for the purposes outlined in subsection (1) of this
section. The department may select appropriate geographic
subareas within a comprehensive plan if that will best serve
the purposes of this section and meet the requirements of
chapter 43.21C RCW.
(3) An enhanced draft and final nonproject environmental analysis prepared pursuant to this section shall follow the
rules adopted pursuant to chapter 43.21C RCW.
(4) Not later than December 31, 1993, the department
shall evaluate the overall effectiveness of the pilot projects
under this section regarding preparing enhanced nonproject
environmental analysis for the approval process of comprehensive plans and shall:
(a) Provide an interim report of its findings to the
legislature with such recommendations as may be appropriate, including the need, if any, for further legislation;
(b) Consider adoption of any further rules or guidelines
as may be appropriate to assist counties and cities in meeting
requirements of chapter 43.21C RCW when considering
comprehensive plans; and
(2002 Ed.)
36.70A.370
(c) Prepare and circulate to counties and cities such
instructional manuals or other information derived from the
pilot projects as will assist all counties and cities in meeting
the requirements and objectives of chapter 43.21C RCW in
the most expeditious and efficient manner in the process of
considering comprehensive plans pursuant to this chapter.
[1998 c 245 § 30; 1995 c 399 § 43; 1991 sp.s. c 32 § 20.]
36.70A.390 Moratoria, interim zoning controls—
Public hearing—Limitation on length—Exceptions. A
county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim
official control without holding a public hearing on the
proposed moratorium, interim zoning map, interim zoning
ordinance, or interim official control, shall hold a public
hearing on the adopted moratorium, interim zoning map,
interim zoning ordinance, or interim official control within
at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter
from the planning commission or department. If the
governing body does not adopt findings of fact justifying its
action before this hearing, then the governing body shall do
so immediately after this public hearing. A moratorium,
interim zoning map, interim zoning ordinance, or interim
official control adopted under this section may be effective
for not longer than six months, but may be effective for up
to one year if a work plan is developed for related studies
providing for such a longer period. A moratorium, interim
zoning map, interim zoning ordinance, or interim official
control may be renewed for one or more six-month periods
if a subsequent public hearing is held and findings of fact
are made prior to each renewal.
This section does not apply to the designation of critical
areas, agricultural lands, forest lands, and mineral resource
lands, under RCW 36.70A.170, and the conservation of these
lands and protection of these areas under RCW 36.70A.060,
prior to such actions being taken in a comprehensive plan
adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a
public hearing is held on such proposed actions. [1992 c
207 § 6.]
36.70A.400 Accessory apartments. Any local
government, as defined in RCW 43.63A.215, that is planning
under this chapter shall comply with RCW 43.63A.215(3).
[1993 c 478 § 11.]
36.70A.410 Treatment of residential structures
occupied by persons with handicaps. No county or city
that plans or elects to plan under this chapter may enact or
maintain an ordinance, development regulation, zoning
regulation or official control, policy, or administrative
practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential
structure occupied by a family or other unrelated individuals.
As used in this section, "handicaps" are as defined in the
federal fair housing amendments act of 1988 (42 U.S.C. Sec.
3602). [1993 c 478 § 23.]
36.70A.420 Transportation projects—Findings—
Intent. The legislature recognizes that there are major
[Title 36 RCW—page 197]
36.70A.420
Title 36 RCW: Counties
transportation projects that affect multiple jurisdictions as to
economic development, fiscal influence, environmental
consequences, land use implications, and mobility of people
and goods. The legislature further recognizes that affected
jurisdictions have important interests that must be addressed,
and that these jurisdictions’ present environmental planning
and permitting authority may result in multiple local permits
and other requirements being specified for the projects.
The legislature finds that the present permitting system
may result in segmented and sequential decisions by local
governments that do not optimally serve all the parties with
an interest in the decisions. The present system may also
make more difficult achieving the consistency among plans
and actions that is an important aspect of this chapter.
It is the intent of the legislature to provide for more
efficiency and equity in the decisions of local governments
regarding major transportation projects by encouraging
coordination or consolidation of the processes for reviewing
environmental planning and permitting requirements for
those projects. The legislature intends that local governments coordinate their regulatory decisions by considering
together the range of local, state, and federal requirements
for major transportation projects. Nothing in RCW
36.70A.420 or 36.70A.430 alters the authority of cities or
counties under any other planning or permitting statute.
[1994 c 258 § 1.]
Captions not law—1994 c 258: "Section captions used in this act
constitute no part of the law." [1994 c 258 § 6.]
36.70A.430 Transportation projects—Collaborative
review process. For counties engaged in planning under this
chapter, there shall be established by December 31, 1994, a
collaborative process to review and coordinate state and local
permits for all transportation projects that cross more than
one city or county boundary. This process shall at a
minimum, establish a mechanism among affected cities and
counties to designate a permit coordinating agency to facilitate multijurisdictional review and approval of such
transportation projects. [1994 c 258 § 2.]
C a p t i o n s n o t l a w — 1 9 9 4 c 2 5 8 : See note following RCW
36.70A.420.
36.70A.450 Family day-care provider’s home
facility—City may not prohibit in residential or commercial area. No city that plans or elects to plan under this
chapter may enact, enforce, or maintain an ordinance,
development regulation, zoning regulation, or official control,
policy, or administrative practice which prohibits the use of
a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider’s
home facility.
A city may require that the facility: (1) Comply with
all building, fire, safety, health code, and business licensing
requirements; (2) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (3)
is certified by the office of child care policy licensor as
providing a safe passenger loading area; (4) include signage,
if any, that conforms to applicable regulations; and (5) limit
hours of operations to facilitate neighborhood compatibility,
[Title 36 RCW—page 198]
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
A city may also require that the family day-care
provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the family day-care provider over licensing
requirements, the licensor may provide a forum to resolve
the dispute.
Nothing in this section shall be construed to prohibit a
city that plans or elects to plan under this chapter from
imposing zoning conditions on the establishment and
maintenance of a family day-care provider’s home in an area
zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed
on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in
this section, "family day-care provider" is as defined in
RCW 74.15.020. [1995 c 49 § 3; 1994 c 273 § 17.]
36.70A.460 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration
project as defined in RCW 89.08.460 shall be processed in
compliance with RCW 89.08.450 through 89.08.510. A fish
habitat enhancement project meeting the criteria of *RCW
75.20.350(1) shall be reviewed and approved according to
the provisions of *RCW 75.20.350. [1998 c 249 § 11; 1995
c 378 § 11.]
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
36.70A.470 Project review—Amendment suggestion
procedure—Definitions. (1) Project review, which shall be
conducted pursuant to the provisions of chapter 36.70B
RCW, shall be used to make individual project decisions, not
land use planning decisions. If, during project review, a
county or city planning under RCW 36.70A.040 identifies
deficiencies in plans or regulations:
(a) The permitting process shall not be used as a
comprehensive planning process;
(b) Project review shall continue; and
(c) The identified deficiencies shall be docketed for
possible future plan or development regulation amendments.
(2) Each county and city planning under RCW
36.70A.040 shall include in its development regulations a
procedure for any interested person, including applicants,
citizens, hearing examiners, and staff of other agencies, to
suggest plan or development regulation amendments. The
suggested amendments shall be docketed and considered on
at least an annual basis, consistent with the provisions of
RCW 36.70A.130.
(3) For purposes of this section, a deficiency in a
comprehensive plan or development regulation refers to the
absence of required or potentially desirable contents of a
comprehensive plan or development regulation. It does not
refer to whether a development regulation addresses a
project’s probable specific adverse environmental impacts
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
which the permitting agency could mitigate in the normal
project review process.
(4) For purposes of this section, docketing refers to
compiling and maintaining a list of suggested changes to the
comprehensive plan or development regulations in a manner
that will ensure such suggested changes will be considered
by the county or city and will be available for review by the
public. [1995 c 347 § 102.]
Findings—Intent—1995 c 347 § 102: "The legislature finds that
during project review, a county or city planning under RCW 36.70A.040 is
likely to discover the need to make various improvements in comprehensive
plans and development regulations. There is no current requirement or
process for applicants, citizens, or agency staff to ensure that these
improvements are considered in the plan review process. The legislature
also finds that in the past environmental review and permitting of proposed
projects have been used to reopen and make land use planning decisions
that should have been made through the comprehensive planning process,
in part because agency staff and hearing examiners have not been able to
ensure consideration of all issues in the local planning process. The
legislature further finds that, while plans and regulations should be
improved and refined over time, it is unfair to penalize applicants that have
submitted permit applications that meet current requirements. It is the intent
of the legislature in enacting RCW 36.70A.470 to establish a means by
which cities and counties will docket suggested plan or development
regulation amendments and ensure their consideration during the planning
process." [1995 c 347 § 101.]
Finding—1995 c 347: "The legislature recognizes by this act that the
growth management act is a fundamental building block of regulatory
reform. The state and local governments have invested considerable
resources in an act that should serve as the integrating framework for all
other land-use related laws. The growth management act provides the
means to effectively combine certainty for development decisions,
reasonable environmental protection, long-range planning for cost-effective
infrastructure, and orderly growth and development." [1995 c 347 § 1.]
Severability—1995 c 347: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 347 § 901.]
Part headings and table of contents not law—1995 c 347: "Part
headings and the table of contents as used in this act do not constitute any
part of the law." [1995 c 347 § 902.]
36.70A.480 Shorelines of the state. (1) For shorelines of the state, the goals and policies of the shoreline
management act as set forth in RCW 90.58.020 are added as
one of the goals of this chapter as set forth in RCW
36.70A.020. The goals and policies of a shoreline master
program for a county or city approved under chapter 90.58
RCW shall be considered an element of the county or city’s
comprehensive plan. All other portions of the shoreline
master program for a county or city adopted under chapter
90.58 RCW, including use regulations, shall be considered
a part of the county or city’s development regulations.
(2) The shoreline master program shall be adopted
pursuant to the procedures of chapter 90.58 RCW rather than
the procedures set forth in this chapter for the adoption of a
comprehensive plan or development regulations. [1995 c
347 § 104.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.481 Construction—Chapter 347, Laws of
1995. Nothing in RCW 36.70A.480 shall be construed to
authorize a county or city to adopt regulations applicable to
shorelands as defined in RCW 90.58.030 that are inconsistent with the provisions of chapter 90.58 RCW. [1995 c 382
§ 13.]
(2002 Ed.)
36.70A.470
36.70A.490 Growth management planning and
environmental review fund—Established. The growth
management planning and environmental review fund is
hereby established in the state treasury. Moneys may be
placed in the fund from the proceeds of bond sales, tax revenues, budget transfers, federal appropriations, gifts, or any
other lawful source. Moneys in the fund may be spent only
after appropriation. Moneys in the fund shall be used to
make grants to local governments for the purposes set forth
in RCW 43.21C.240, 43.21C.031, or 36.70A.500. [1995 c
347 § 115.]
Findings—Purpose—1995 c 347 § 115: "(1) The legislature finds
that:
(a) As of July 23, 1995, twenty-nine counties and two hundred eight
cities are conducting comprehensive planning under the growth management
act, chapter 36.70A RCW, which together comprise over ninety percent of
the state’s population;
(b) Comprehensive plans for many of the jurisdictions were due by
July 1, 1994, and the remaining jurisdictions must complete plans under due
dates ranging from October 1994 to September 1997;
(c) Concurrently with these comprehensive planning activities, local
governments must conduct several other planning requirements under the
growth management act, such as the adoption of capital facilities plans,
urban growth areas, and development regulations;
(d) Local governments must also comply with the state environmental
policy act, chapter 43.21C RCW, in the development of comprehensive
plans and development regulations;
(e) The combined activities of comprehensive planning and the state
environmental policy act present a serious fiscal burden upon local
governments; and
(f) Detailed environmental analysis integrated with comprehensive
plans, subarea plans, and development regulations will facilitate planning for
and managing growth, allow greater protection of the environment, and
benefit both the general public and private property owners.
(2) In order to provide financial assistance to cities and counties
planning under chapter 36.70A RCW and to improve the usefulness of plans
and integrated environmental analyses, the legislature has created the fund
described in RCW 36.70A.490." [1995 c 347 § 114.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.500 Growth management planning and
environmental review fund—Awarding of grants—
Procedures. (1) The department of community, trade, and
economic development shall provide management services
for the fund created by RCW 36.70A.490. The department
shall establish procedures for fund management. The
department shall encourage participation in the grant program by other public agencies. The department shall
develop the grant criteria, monitor the grant program, and
select grant recipients in consultation with state agencies
participating in the grant program through the provision of
grant funds or technical assistance.
(2) A grant may be awarded to a county or city that is
required to or has chosen to plan under RCW 36.70A.040
and that is qualified pursuant to this section. The grant shall
be provided to assist a county or city in paying for the cost
of preparing an environmental analysis under chapter 43.21C
RCW, that is integrated with a comprehensive plan, subarea
plan, plan element, county-wide planning policy, development regulation, monitoring program, or other planning
activity adopted under or implementing this chapter that:
(a) Improves the process for project permit review while
maintaining environmental quality; or
[Title 36 RCW—page 199]
36.70A.500
Title 36 RCW: Counties
(b) Encourages use of plans and information developed
for purposes of complying with this chapter to satisfy
requirements of other state programs.
(3) In order to qualify for a grant, a county or city shall:
(a) Demonstrate that it will prepare an environmental
analysis pursuant to chapter 43.21C RCW and subsection (2)
of this section that is integrated with a comprehensive plan,
subarea plan, plan element, county-wide planning policy,
development regulations, monitoring program, or other
planning activity adopted under or implementing this
chapter;
(b) Address environmental impacts and consequences,
alternatives, and mitigation measures in sufficient detail to
allow the analysis to be adopted in whole or in part by
applicants for development permits within the geographic
area analyzed in the plan;
(c) Demonstrate that procedures for review of development permit applications will be based on the integrated
plans and environmental analysis;
(d) Include mechanisms to monitor the consequences of
growth as it occurs in the plan area and to use the resulting
data to update the plan, policy, or implementing mechanisms
and associated environmental analysis;
(e) Demonstrate substantial progress towards compliance
with the requirements of this chapter. A county or city that
is more than six months out of compliance with a requirement of this chapter is deemed not to be making substantial
progress towards compliance; and
(f) Provide local funding, which may include financial
participation by the private sector.
(4) In awarding grants, the department shall give
preference to proposals that include one or more of the
following elements:
(a) Financial participation by the private sector, or a
public/private partnering approach;
(b) Identification and monitoring of system capacities
for elements of the built environment, and to the extent
appropriate, of the natural environment;
(c) Coordination with state, federal, and tribal governments in project review;
(d) Furtherance of important state objectives related to
economic development, protection of areas of statewide
significance, and siting of essential public facilities;
(e) Programs to improve the efficiency and effectiveness
of the permitting process by greater reliance on integrated
plans and prospective environmental analysis;
(f) Programs for effective citizen and neighborhood
involvement that contribute to greater likelihood that
planning decisions can be implemented with community
support; and
(g) Programs to identify environmental impacts and
establish mitigation measures that provide effective means to
satisfy concurrency requirements and establish project
consistency with the plans.
(5) If the local funding includes funding provided by
other state functional planning programs, including open
space planning and watershed or basin planning, the functional plan shall be integrated into and be consistent with the
comprehensive plan.
(6) State agencies shall work with grant recipients to
facilitate state and local project review processes that will
[Title 36 RCW—page 200]
implement the projects receiving grants under this section.
[1997 c 429 § 28; 1995 c 347 § 116.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
36.70A.510 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general
aviation airport are subject to RCW 36.70.547. [1996 c 239
§ 5.]
36.70A.520 National historic towns—Designation.
Counties that are required or choose to plan under RCW
36.70A.040 may authorize and designate national historic
towns that may constitute urban growth outside of urban
growth areas as limited by this section. A national historic
town means a town or district that has been designated a
national historic landmark by the United States secretary of
the interior pursuant to 16 U.S.C. 461 et seq., as amended,
based on its significant historic urban features, and which
historically contained a mix of residential and commercial or
industrial uses.
A national historic town may be designated under this
chapter by a county only if:
(1) The comprehensive plan specifically identifies
policies to guide the preservation, redevelopment, infill, and
development of the town;
(2) The comprehensive plan and development regulations specify a mix of residential, commercial, industrial,
tourism-recreation, waterfront, or other historical uses, along
with other uses, infrastructure, and services which promote
the economic sustainability of the town and its historic
character. To promote historic preservation, redevelopment,
and an economically sustainable community, the town also
may include the types of uses that existed at times during its
history and is not limited to those present at the time of the
historic designation. Portions of the town may include urban
densities if they reflect density patterns that existed at times
during its history;
(3) The boundaries of the town include all of the area
contained in the national historic landmark designation, along
with any additional limited areas determined by the county
as appropriate for transitional uses and buffering. Provisions
for transitional uses and buffering must be compatible with
the town’s historic character and must protect the existing
natural and built environment under the requirements of this
chapter within and beyond the additional limited areas,
including visual compatibility. The comprehensive plan and
development regulations must include restrictions that
preclude new urban or suburban land uses in the vicinity of
the town, including the additional limited areas, except in
areas otherwise designated for urban growth under this chapter;
(4) The development regulations provide for architectural controls and review procedures applicable to the rehabilitation, redevelopment, infill, or new development to promote
the historic character of the town;
(5) The county finds that the national historic town is
consistent with the development regulations established for
critical areas; and
(2002 Ed.)
Growth Management—Planning by Selected Counties and Cities
36.70A.520
(6) On-site and off-site infrastructure impacts are fully
considered and mitigated concurrent with development.
A county may allocate a portion of its twenty-year
population projection, prepared by the office of financial
management, to the national historic town corresponding to
the projected number of permanent residents within the
national historic town. [2000 c 196 § 1.]
36.70A.902 Section headings not law—1991 sp.s. c
32. Section headings as used in this act do not constitute
any part of the law. [1991 sp.s. c 32 § 40.]
36.70A.800 Role of growth strategies commission.
The growth strategies commission created by executive order
shall:
(1) Analyze different methods for assuring that county
and city comprehensive plans adopted under chapter 36.70A
RCW are consistent with the planning goals under RCW
36.70A.020 and with other requirements of chapter 36.70A
RCW;
(2) Recommend to the legislature and the governor by
October 1, 1990, a specific structure or process that, among
other things:
(a) Ensures county and city comprehensive plans
adopted under chapter 36.70A RCW are coordinated and
comply with planning goals and other requirements under
chapter 36.70A RCW;
(b) Requires state agencies to comply with this chapter
and to consider and be consistent with county and city
comprehensive plans in actions by state agencies, including
the location, financing, and expansion of transportation
systems and other public facilities;
(c) Defines the state role in growth management;
(d) Addresses lands and resources of statewide significance, including to:
(i) Protect these lands and resources of statewide
significance by developing standards for their preservation
and protection and suggesting the appropriate structure to
monitor and enforce the preservation of these lands and
resources; and
(ii) Consider the environmental, economic, and social
values of the lands and resources with statewide significance;
(e) Identifies potential state funds that may be withheld
and incentives that promote county and city compliance with
chapter 36.70A RCW;
(f) Increases affordable housing statewide and promotes
linkages between land use and transportation;
(g) Addresses vesting of rights; and
(h) Addresses short subdivisions; and
(3) Develop recommendations to provide for the
resolution of disputes over urban growth areas between
counties and cities, including incorporations and annexations.
[1990 1st ex.s. c 17 § 86.]
Sections
36.70B.010
36.70B.020
36.70B.030
36.70B.040
36.70B.050
36.70A.900 Severability—1990 1st ex.s. c 17. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1990 1st ex.s. c 17 § 88.]
36.70A.901 Part, section headings not law—1990 1st
ex.s. c 17. Part and section headings as used in this act do
not constitute any part of the law. [1990 1st ex.s. c 17 §
89.]
(2002 Ed.)
Chapter 36.70B
LOCAL PROJECT REVIEW
36.70B.060
36.70B.070
36.70B.080
36.70B.100
36.70B.110
36.70B.110
36.70B.120
36.70B.130
36.70B.140
36.70B.150
36.70B.160
36.70B.170
36.70B.180
36.70B.190
36.70B.200
36.70B.210
36.70B.220
36.70B.230
36.70B.900
Findings and declaration.
Definitions.
Project review—Required elements—Limitations.
Determination of consistency.
Local government review of project permit applications
required—Objectives.
Local governments planning under the growth management
act to establish integrated and consolidated project permit process—Required elements.
Project permit applications—Determination of completeness—Notice to applicant.
Development regulations—Requirements.
Designation of person or entity to receive determinations
and notices.
Notice of application—Required elements—Integration with
other review procedures—Administrative appeals (as
amended by 1997 c 396).
Notice of application—Required elements—Integration with
other review procedures—Administrative appeals (as
amended by 1997 c 429).
Permit review process.
Notice of decision—Distribution.
Project permits that may be excluded from review.
Local governments not planning under the growth management act may use provisions.
Additional project review encouraged—Construction.
Development agreements—Authorized.
Development agreements—Effect.
Development agreements—Recording—Parties and successors bound.
Development agreements—Public hearing.
Development agreements—Authority to impose fees not
extended.
Permit assistance staff.
Planning regulations—Copies provided to county assessor.
Finding—Severability—Part headings and table of contents
not law—1995 c 347.
36.70B.010 Findings and declaration. The legislature finds and declares the following:
(1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits,
each with its own separate approval process.
(2) The increasing number of local and state land use
permits and separate environmental review processes
required by agencies has generated continuing potential for
conflict, overlap, and duplication between the various permit
and review processes.
(3) This regulatory burden has significantly added to the
cost and time needed to obtain local and state land use
permits and has made it difficult for the public to know how
and when to provide timely comments on land use proposals
that require multiple permits and have separate environmental review processes. [1995 c 347 § 401.]
36.70B.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 36 RCW—page 201]
36.70B.020
Title 36 RCW: Counties
(1) "Closed record appeal" means an administrative
appeal on the record to a local government body or officer,
including the legislative body, following an open record
hearing on a project permit application when the appeal is on
the record with no or limited new evidence or information
allowed to be submitted and only appeal argument allowed.
(2) "Local government" means a county, city, or town.
(3) "Open record hearing" means a hearing, conducted
by a single hearing body or officer authorized by the local
government to conduct such hearings, that creates the local
government’s record through testimony and submission of
evidence and information, under procedures prescribed by
the local government by ordinance or resolution. An open
record hearing may be held prior to a local government’s
decision on a project permit to be known as an "open record
predecision hearing." An open record hearing may be held
on an appeal, to be known as an "open record appeal
hearing," if no open record predecision hearing has been
held on the project permit.
(4) "Project permit" or "project permit application"
means any land use or environmental permit or license
required from a local government for a project action, including but not limited to building permits, subdivisions,
binding site plans, planned unit developments, conditional
uses, shoreline substantial development permits, site plan
review, permits or approvals required by critical area
ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or
amendment of a comprehensive plan, subarea plan, or
development regulations except as otherwise specifically
included in this subsection.
(5) "Public meeting" means an informal meeting,
hearing, workshop, or other public gathering of people to
obtain comments from the public or other agencies on a proposed project permit prior to the local government s
decision. A public meeting may include, but is not limited
to, a design review or architectural control board meeting, a
special review district or community council meeting, or a
scoping meeting on a draft environmental impact statement.
A public meeting does not include an open record hearing.
The proceedings at a public meeting may be recorded and a
report or recommendation may be included in the local
government s project permit application file. [1995 c 347
§ 402.]
36.70B.030 Project review—Required elements—
Limitations. (1) Fundamental land use planning choices
made in adopted comprehensive plans and development
regulations shall serve as the foundation for project review.
The review of a proposed project’s consistency with applicable development regulations, or in the absence of applicable
regulations the adopted comprehensive plan, under RCW
36.70B.040 shall incorporate the determinations under this
section.
(2) During project review, a local government or any
subsequent reviewing body shall determine whether the items
listed in this subsection are defined in the development
regulations applicable to the proposed project or, in the
absence of applicable regulations the adopted comprehensive
plan. At a minimum, such applicable regulations or plans
shall be determinative of the:
[Title 36 RCW—page 202]
(a) Type of land use permitted at the site, including uses
that may be allowed under certain circumstances, such as
planned unit developments and conditional and special uses,
if the criteria for their approval have been satisfied;
(b) Density of residential development in urban growth
areas; and
(c) Availability and adequacy of public facilities
identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as
required by chapter 36.70A RCW.
(3) During project review, the local government or any
subsequent reviewing body shall not reexamine alternatives
to or hear appeals on the items identified in subsection (2)
of this section, except for issues of code interpretation. As
part of its project review process, a local government shall
provide a procedure for obtaining a code interpretation as
provided in RCW 36.70B.110.
(4) Pursuant to RCW 43.21C.240, a local government
may determine that the requirements for environmental
analysis and mitigation measures in development regulations
and other applicable laws provide adequate mitigation for
some or all of the project’s specific adverse environmental
impacts to which the requirements apply.
(5) Nothing in this section limits the authority of a
permitting agency to approve, condition, or deny a project as
provided in its development regulations adopted under
chapter 36.70A RCW and in its policies adopted under RCW
43.21C.060. Project review shall be used to identify specific
project design and conditions relating to the character of
development, such as the details of site plans, curb cuts,
drainage swales, transportation demand management, the
payment of impact fees, or other measures to mitigate a
proposal’s probable adverse environmental impacts, if
applicable.
(6) Subsections (1) through (4) of this section apply
only to local governments planning under RCW 36.70A.040.
[1995 c 347 § 404.]
Intent—Findings—1995 c 347 §§ 404 and 405: "In enacting RCW
36.70B.030 and 36.70B.040, the legislature intends to establish a mechanism
for implementing the provisions of chapter 36.70A RCW regarding
compliance, conformity, and consistency of proposed projects with adopted
comprehensive plans and development regulations. In order to achieve this
purpose the legislature finds that:
(1) Given the extensive investment that public agencies and a broad
spectrum of the public are making and will continue to make in comprehensive plans and development regulations for their communities, it is essential
that project review start from the fundamental land use planning choices
made in these plans and regulations. If the applicable regulations or plans
identify the type of land use, specify residential density in urban growth
areas, and identify and provide for funding of public facilities needed to
serve the proposed development and site, these decisions at a minimum
provide the foundation for further project review unless there is a question
of code interpretation. The project review process, including the environmental review process under chapter 43.21C RCW and the consideration of
consistency, should start from this point and should not reanalyze these land
use planning decisions in making a permit decision.
(2) Comprehensive plans and development regulations adopted by
local governments under chapter 36.70A RCW and environmental laws and
rules adopted by the state and federal government have addressed a wide
range of environmental subjects and impacts. These provisions typically
require environmental studies and contain specific standards to address
various impacts associated with a proposed development, such as building
size and location, drainage, transportation requirements, and protection of
critical areas. When a permitting agency applies these existing requirements
to a proposed project, some or all of a project’s potential environmental
impacts will be avoided or otherwise mitigated. Through the integrated
project review process described in subsection (1) of this section, the local
(2002 Ed.)
Local Project Review
government will determine whether existing requirements, including the
applicable regulations or plans, adequately analyze and address a project’s
environmental impacts. RCW 43.21C.240 provides that project review
should not require additional studies or mitigation under chapter 43.21C
RCW where existing regulations have adequately addressed a proposed
project’s probable specific adverse environmental impacts.
(3) Given the hundreds of jurisdictions and agencies in the state and
the numerous communities and applicants affected by development
regulations and comprehensive plans adopted under chapter 36.70A RCW,
it is essential to establish a uniform framework for considering the
consistency of a proposed project with the applicable regulations or plan.
Consistency should be determined in the project review process by
considering four factors found in applicable regulations or plans: The type
of land use allowed; the level of development allowed, such as units per
acre or other measures of density; infrastructure, such as the adequacy of
public facilities and services to serve the proposed project; and the character
of the proposed development, such as compliance with specific development
standards. This uniform approach corresponds to existing project review
practices and will not place a burden on applicants or local government.
The legislature intends that this approach should be largely a matter of
checking compliance with existing requirements for most projects, which are
simple or routine, while more complex projects may require more analysis.
RCW 43.21C.240 and 36.70B.030 establish this uniform framework and
also direct state agencies to consult with local government and the public
to develop a better format than the current environmental checklist to meet
this objective.
(4) When an applicant applies for a project permit, consistency
between the proposed project and applicable regulations or plan should be
determined through a project review process that integrates land use and
environmental impact analysis, so that governmental and public review of
the proposed project as required by this chapter, by development regulations
under chapter 36.70A RCW, and by the environmental process under
chapter 43.21C RCW run concurrently and not separately.
(5) RCW 36.70B.030 and 36.70B.040 address three related needs with
respect to how the project review process should address consistency
between a proposed project and the applicable regulations or plan:
(a) A uniform framework for the meaning of consistency;
(b) An emphasis on relying on existing requirements and adopted
standards, with the use of supplemental authority as specified by chapter
43.21C RCW to the extent that existing requirements do not adequately
address a project’s specific probable adverse environmental impacts; and
(c) The identification of three basic land use planning choices made
in applicable regulations or plans that, at a minimum, serve as a foundation
for project review and that should not be reanalyzed during project
permitting." [1995 c 347 § 403.]
36.70B.040 Determination of consistency. (1) A
proposed project’s consistency with a local government’s
development regulations adopted under chapter 36.70A
RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan
adopted under chapter 36.70A RCW shall be decided by the
local government during project review by consideration of:
(a) The type of land use;
(b) The level of development, such as units per acre or
other measures of density;
(c) Infrastructure, including public facilities and services
needed to serve the development; and
(d) The characteristics of the development, such as
development standards.
(2) In deciding whether a project is consistent, the
determinations made pursuant to RCW 36.70B.030(2) shall
be controlling.
(3) For purposes of this section, the term "consistency"
shall include all terms used in this chapter and chapter
36.70A RCW to refer to performance in accordance with this
chapter and chapter 36.70A RCW, including but not limited
to compliance, conformity, and consistency.
(4) Nothing in this section requires documentation,
dictates an agency’s procedures for considering consistency,
(2002 Ed.)
36.70B.030
or limits a city or county from asking more specific or
related questions with respect to any of the four main
categories listed in subsection (1)(a) through (d) of this
section.
(5) The department of community, trade, and economic
development is authorized to develop and adopt by rule
criteria to assist local governments planning under RCW
36.70A.040 to analyze the consistency of project actions.
These criteria shall be jointly developed with the department
of ecology. [1997 c 429 § 46; 1995 c 347 § 405.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Intent—Findings—1995 c 347 §§ 404 and 405: See note following
RCW 36.70B.030.
36.70B.050 Local government review of project
permit applications required—Objectives. Not later than
March 31, 1996, each local government shall provide by
ordinance or resolution for review of project permit applications to achieve the following objectives:
(1) Combine the environmental review process, both
procedural and substantive, with the procedure for review of
project permits; and
(2) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more
than one open record hearing and one closed record appeal.
[1995 c 347 § 406.]
36.70B.060 Local governments planning under the
growth management act to establish integrated and
consolidated project permit process—Required elements.
Not later than March 31, 1996, each local government
planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project
permit process that may be included in its development
regulations. In addition to the elements required by RCW
36.70B.050, the process shall include the following elements:
(1) A determination of completeness to the applicant as
required by RCW 36.70B.070;
(2) A notice of application to the public and agencies
with jurisdiction as required by RCW 36.70B.110;
(3) Except as provided in RCW 36.70B.140, an optional
consolidated project permit review process as provided in
RCW 36.70B.120. The review process shall provide for no
more than one consolidated open record hearing and one
closed record appeal. If an open record predecision hearing
is provided prior to the decision on a project permit, the
process shall not allow a subsequent open record appeal
hearing;
(4) Provision allowing for any public meeting or
required open record hearing to be combined with any public
meeting or open record hearing that may be held on the
project by another local, state, regional, federal, or other
agency, in accordance with provisions of RCW *36.70B.090
and 36.70B.110;
(5) A single report stating all the decisions made as of
the date of the report on all project permits included in the
consolidated permit process that do not require an open
record predecision hearing and any recommendations on
project permits that do not require an open record
predecision hearing. The report shall state any mitigation
required or proposed under the development regulations or
[Title 36 RCW—page 203]
36.70B.060
Title 36 RCW: Counties
the agency’s authority under RCW 43.21C.060. The report
may be the local permit. If a threshold determination other
than a determination of significance has not been issued
previously by the local government, the report shall include
or append this determination;
(6) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determinations or project permit decisions, the local government
shall provide for no more than one consolidated open record
hearing on such appeal. The local government need not
provide for any further appeal and may provide an appeal for
some but not all project permit decisions. If an appeal is
provided after the open record hearing, it shall be a closed
record appeal before a single decision-making body or
officer;
(7) A notice of decision as required by RCW
36.70B.130 and issued within the time period provided in
RCW 36.70B.080 and *36.70B.090;
(8) Completion of project review by the local government, including environmental review and public review and
any appeals to the local government, within any applicable
time periods under *RCW 36.70B.090; and
(9) Any other provisions not inconsistent with the
requirements of this chapter or chapter 43.21C RCW. [1995
c 347 § 407.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant
to 1998 c 286 § 8.
36.70B.070 Project permit applications—
Determination of completeness—Notice to applicant. (1)
Within twenty-eight days after receiving a project permit
application, a local government planning pursuant to RCW
36.70A.040 shall mail or provide in person a written
determination to the applicant, stating either:
(a) That the application is complete; or
(b) That the application is incomplete and what is
necessary to make the application complete.
To the extent known by the local government, the local
government shall identify other agencies of local, state, or
federal governments that may have jurisdiction over some
aspect of the application.
(2) A project permit application is complete for purposes of this section when it meets the procedural submission
requirements of the local government and is sufficient for
continued processing even though additional information
may be required or project modifications may be undertaken
subsequently. The determination of completeness shall not
preclude the local government from requesting additional
information or studies either at the time of the notice of
completeness or subsequently if new information is required
or substantial changes in the proposed action occur.
(3) The determination of completeness may include the
following as optional information:
(a) A preliminary determination of those development
regulations that will be used for project mitigation;
(b) A preliminary determination of consistency, as
provided under RCW 36.70B.040; or
(c) Other information the local government chooses to
include.
(4)(a) An application shall be deemed complete under
this section if the local government does not provide a
[Title 36 RCW—page 204]
written determination to the applicant that the application is
incomplete as provided in subsection (1)(b) of this section.
(b) Within fourteen days after an applicant has submitted to a local government additional information identified
by the local government as being necessary for a complete
application, the local government shall notify the applicant
whether the application is complete or what additional information is necessary. [1995 c 347 § 408; 1994 c 257 § 4.
Formerly RCW 36.70A.440.]
Severability—1994 c 257: See note following RCW 36.70A.270.
36.70B.080
Development regulations—
Requirements. (1) Development regulations adopted
pursuant to RCW 36.70A.040 shall establish time periods for
local government actions on specific project permit applications and provide timely and predictable procedures to
determine whether a completed project permit application
meets the requirements of those development regulations.
The time periods for local government actions on specific
complete project permit applications or project types should
not exceed one hundred twenty days, unless the local
government makes written findings that a specified amount
of additional time is needed for processing of specific
complete project permit applications or project types.
Such development regulations shall specify the contents
of a completed project permit application necessary for the
application of such time periods and procedures.
(2)(a) Counties subject to the requirements of RCW
36.70A.215 and the cities within those counties that have
populations of at least twenty thousand shall identify the
types of project permit applications for which decisions are
issued according to the provisions of this chapter. For each
type of project permit application identified, these counties
and cities shall establish a deadline for issuing a notice of
final decision as required by subsection (1) of this section
and minimum requirements for applications to be deemed
complete under RCW 36.70B.070 as required by subsection
(1) of this section. Counties and cities subject to the
requirements of this subsection also shall, through September
1, 2003, prepare at least two annual performance reports that
include, at a minimum, the following information for each
type of project permit application:
(i) Total number of complete applications received
during the year;
(ii) Number of complete applications received during the
year for which a notice of final decision was issued before
the deadline established under this subsection;
(iii) Number of applications received during the year for
which a notice of final decision was issued after the deadline
established under this subsection;
(iv) Number of applications received during the year for
which an extension of time was mutually agreed upon by the
applicant and the county or city; and
(v) Variance of actual performance, excluding applications for which mutually agreed time extensions have
occurred, to the deadline established under this subsection
during the year.
(b) Until July 1, 2003, counties and cities subject to the
requirements of this subsection shall provide notice of and
access to the annual performance reports required by this
subsection through the county’s or city’s web site. If a
(2002 Ed.)
Local Project Review
county or city subject to the requirements of this subsection
does not maintain a web site, notice of the report shall be
given by reasonable methods, including but not limited to
those methods specified in RCW 36.70B.110(4).
(3) Nothing in this section prohibits a county or city
from extending a deadline for issuing a decision for a
specific project permit application for any reasonable period
of time mutually agreed upon by the applicant and the local
government. [2001 c 322 § 1; 1995 c 347 § 410; (1995 c
347 § 409 expired July 1, 2000); 1994 c 257 § 3. Formerly
RCW 36.70A.065.]
Effective date—1995 c 347 § 410: "Section 410, chapter 347, Laws
of 1995 shall take effect July 1, 2000." [1998 c 286 § 10; 1995 c 347 §
412.]
Expiration date—1995 c 347 § 409: "The amendments to RCW
36.70B.080 contained in section 409, chapter 347, Laws of 1995 shall
expire July 1, 2000." [1998 c 286 § 9; 1995 c 347 § 411.]
Severability—1994 c 257: See note following RCW 36.70A.270.
36.70B.100 Designation of person or entity to
receive determinations and notices. A local government
may require the applicant for a project permit to designate a
single person or entity to receive determinations and notices
required by this chapter. [1995 c 347 § 414.]
36.70B.110 Notice of application—Required elements—
Integration with other review procedures—Administrative appeals (as
amended by 1997 c 396). (1) Not later than April 1, 1996, a local
government planning under RCW 36.70A.040 shall provide a notice of
application to the public and the departments and agencies with jurisdiction
as provided in this section. If a local government has made a threshold
determination ((of significance)) under chapter 43.21C RCW concurrently
with the notice of application, the notice of application ((shall)) may be
combined with the threshold determination ((of significance)) and the
scoping notice for a determination of significance. Nothing in this section
prevents a determination of significance and scoping notice from being
issued prior to the notice of application.
(2) The notice of application shall be provided within fourteen days
after the determination of completeness as provided in RCW 36.70B.070
and include the following in whatever sequence or format the local
government deems appropriate:
(a) The date of application, the date of the notice of completion for the
application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the
project permits included in the application and, if applicable, a list of any
studies requested under RCW 36.70B.070 or *36.70B.090;
(c) The identification of other permits not included in the application
to the extent known by the local government;
(d) The identification of existing environmental documents that
evaluate the proposed project, and, if not otherwise stated on the document
providing the notice of application, such as a city land use bulletin, the
location where the application and any studies can be reviewed;
(e) A statement of the public comment period, which shall be not less
than fourteen nor more than thirty days following the date of notice of
application, and statements of the right of any person to comment on the
application, receive notice of and participate in any hearings, request a copy
of the decision once made, and any appeal rights. A local government may
accept public comments at any time prior to the closing of the record of an
open record predecision hearing, if any, or, if no open record predecision
hearing is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and
scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been
made at the time of notice, of those development regulations that will be
used for project mitigation and of consistency as provided in RCW
36.70B.040; and
(h) Any other information determined appropriate by the local
government.
(2002 Ed.)
36.70B.080
(3) If an open record predecision hearing is required for the requested
project permits, the notice of application shall be provided at least fifteen
days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the
notice of application to the public and agencies with jurisdiction and may
use its existing notice procedures. A local government may use different
types of notice for different categories of project permits or types of project
actions. If a local government by resolution or ordinance does not specify
its method of public notice, the local government shall use the methods
provided for in (a) and (b) of this subsection. Examples of reasonable
methods to inform the public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where
the complete application may be reviewed, in the newspaper of general
circulation in the general area where the proposal is located or in a local
land use newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain
proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood newspapers
or trade journals;
(f) Publishing notice in agency newsletters or sending notice to agency
mailing lists, either general lists or lists for specific proposals or subject
areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits
that are categorically exempt under chapter 43.21C RCW, unless a public
comment period or an open record predecision hearing is required.
(6) A local government shall integrate the permit procedures in this
section with environmental review under chapter 43.21C RCW as follows:
(a) Except for a threshold determination ((of significance)), the local
government may not issue ((its threshold determination, or issue)) a decision
or a recommendation on a project permit until the expiration of the public
comment period on the notice of application.
(b) If an open record predecision hearing is required and the local
government’s threshold determination requires public notice under chapter
43.21C RCW, the local government shall issue its threshold determination
at least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(7) A local government may combine any hearing on a project permit
with any hearing that may be held by another local, state, regional, federal,
or other agency provided that the hearing is held within the geographic
boundary of the local government. Hearings shall be combined if requested
by an applicant, as long as the joint hearing can be held within the time
periods specified in *RCW 36.70B.090 or the applicant agrees to the
schedule in the event that additional time is needed in order to combine the
hearings. All agencies of the state of Washington, including municipal
corporations and counties participating in a combined hearing, are hereby
authorized to issue joint hearing notices and develop a joint format, select
a mutually acceptable hearing body or officer, and take such other actions
as may be necessary to hold joint hearings consistent with each of their
respective statutory obligations.
(8) All state and local agencies shall cooperate to the fullest extent
possible with the local government in holding a joint hearing if requested
to do so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the
agencies’ adopted notice requirements as set forth in statute, ordinance, or
rule; and
(c) The agency has received the necessary information about the
proposed project from the applicant to hold its hearing at the same time as
the local government hearing.
(9) A local government is not required to provide for administrative
appeals. If provided, an administrative appeal of the project decision,
combined with any environmental determinations, shall be filed within
fourteen days after the notice of the decision or after other notice that the
decision has been made and is appealable. The local government shall
extend the appeal period for an additional seven days, if state or local rules
adopted pursuant to chapter 43.21C RCW allow public comment on a
determination of nonsignificance issued as part of the appealable project
permit decision.
(10) The applicant for a project permit is deemed to be a participant
in any comment period, open record hearing, or closed record appeal.
[Title 36 RCW—page 205]
36.70B.110
Title 36 RCW: Counties
(11) Each local government planning under RCW 36.70A.040 shall
adopt procedures for administrative interpretation of its development
regulations. [1997 c 396 § 1; 1995 c 347 § 415.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant
to 1998 c 286 § 8.
36.70B.110 Notice of application—Required elements—
Integration with other review procedures—Administrative appeals (as
amended by 1997 c 429). (1) Not later than April 1, 1996, a local
government planning under RCW 36.70A.040 shall provide a notice of
application to the public and the departments and agencies with jurisdiction
as provided in this section. If a local government has made a determination
of significance under chapter 43.21C RCW concurrently with the notice of
application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a
determination of significance and scoping notice from being issued prior to
the notice of application. Nothing in this section or this chapter prevents
a lead agency, when it is a project proponent or is funding a project, from
conducting its review under chapter 43.21C RCW or from allowing appeals
of procedural determinations prior to submitting a project permit application.
(2) The notice of application shall be provided within fourteen days
after the determination of completeness as provided in RCW 36.70B.070
and, except as limited by the provisions of subsection (4)(b) of this section,
shall include the following in whatever sequence or format the local
government deems appropriate:
(a) The date of application, the date of the notice of completion for the
application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the
project permits included in the application and, if applicable, a list of any
studies requested under RCW 36.70B.070 or *36.70B.090;
(c) The identification of other permits not included in the application
to the extent known by the local government;
(d) The identification of existing environmental documents that
evaluate the proposed project, and, if not otherwise stated on the document
providing the notice of application, such as a city land use bulletin, the
location where the application and any studies can be reviewed;
(e) A statement of the public comment period, which shall be not less
than fourteen nor more than thirty days following the date of notice of
application, and statements of the right of any person to comment on the
application, receive notice of and participate in any hearings, request a copy
of the decision once made, and any appeal rights. A local government may
accept public comments at any time prior to the closing of the record of an
open record predecision hearing, if any, or, if no open record predecision
hearing is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and
scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been
made at the time of notice, of those development regulations that will be
used for project mitigation and of consistency as provided in RCW
((36.70B.040)) 36.70B.030(2); and
(h) Any other information determined appropriate by the local
government.
(3) If an open record predecision hearing is required for the requested
project permits, the notice of application shall be provided at least fifteen
days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the
notice of application to the public and agencies with jurisdiction and may
use its existing notice procedures. A local government may use different
types of notice for different categories of project permits or types of project
actions. If a local government by resolution or ordinance does not specify
its method of public notice, the local government shall use the methods
provided for in (a) and (b) of this subsection. Examples of reasonable
methods to inform the public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where
the notice of application required by subsection (2) of this section and the
complete application may be reviewed, in the newspaper of general
circulation in the general area where the proposal is located or in a local
land use newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain
proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood newspapers
or trade journals;
[Title 36 RCW—page 206]
(f) Publishing notice in agency newsletters or sending notice to agency
mailing lists, either general lists or lists for specific proposals or subject
areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits
that are categorically exempt under chapter 43.21C RCW, unless ((a public
comment period or)) an open record predecision hearing is required or an
open record appeal hearing is allowed on the project permit decision.
(6) A local government shall integrate the permit procedures in this
section with its environmental review under chapter 43.21C RCW as
follows:
(a) Except for a determination of significance and except as otherwise
expressly allowed in this section, the local government may not issue its
threshold determination((, or issue a decision or a recommendation on a
project permit)) until the expiration of the public comment period on the
notice of application.
(b) If an open record predecision hearing is required ((and the local
government’s threshold determination requires public notice under chapter
43.21C RCW)), the local government shall issue its threshold determination
at least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(d) A local government is not required to provide for administrative
appeals of its threshold determination. If provided, an administrative appeal
shall be filed within fourteen days after notice that the determination has
been made and is appealable. Except as otherwise expressly provided in
this section, the appeal hearing on a determination of nonsignificance shall
be consolidated with any open record hearing on the project permit.
(7) At the request of the applicant, a local government may combine
any hearing on a project permit with any hearing that may be held by
another local, state, regional, federal, or other agency ((provided that)), if:
(a) The hearing is held within the geographic boundary of the local
government((. Hearings shall be combined if requested by an applicant, as
long as)); and
(b) The joint hearing can be held within the time periods specified in
*RCW 36.70B.090 or the applicant agrees to the schedule in the event that
additional time is needed in order to combine the hearings. All agencies of
the state of Washington, including municipal corporations and counties
participating in a combined hearing, are hereby authorized to issue joint
hearing notices and develop a joint format, select a mutually acceptable
hearing body or officer, and take such other actions as may be necessary to
hold joint hearings consistent with each of their respective statutory
obligations.
(8) All state and local agencies shall cooperate to the fullest extent
possible with the local government in holding a joint hearing if requested
to do so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the
agencies’ adopted notice requirements as set forth in statute, ordinance, or
rule; and
(c) The agency has received the necessary information about the
proposed project from the applicant to hold its hearing at the same time as
the local government hearing.
(9) A local government is not required to provide for administrative
appeals. If provided, an administrative appeal of the project decision((,
combined with)) and of any environmental determination((s)) issued at the
same time as the project decision, shall be filed within fourteen days after
the notice of the decision or after other notice that the decision has been
made and is appealable. The local government shall extend the appeal
period for an additional seven days, if state or local rules adopted pursuant
to chapter 43.21C RCW allow public comment on a determination of
nonsignificance issued as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a participant
in any comment period, open record hearing, or closed record appeal.
(11) Each local government planning under RCW 36.70A.040 shall
adopt procedures for administrative interpretation of its development
regulations. [1997 c 429 § 48; 1995 c 347 § 415.]
Reviser’s note: *(1) RCW 36.70B.090 expired June 30, 2000,
pursuant to 1998 c 286 § 8.
(2) RCW 36.70B.110 was amended twice during the 1997 legislative
session, each without reference to the other. For rule of construction
concerning sections amended more than once during the same legislative
session, see RCW 1.12.025.
Severability—1997 c 429: See note following RCW 36.70A.3201.
(2002 Ed.)
Local Project Review
36.70B.120 Permit review process. (1) Each local
government planning under RCW 36.70A.040 shall establish
a permit review process that provides for the integrated and
consolidated review and decision on two or more project
permits relating to a proposed project action, including a
single application review and approval process covering all
project permits requested by an applicant for all or part of a
project action and a designated permit coordinator. If an
applicant elects the consolidated permit review process, the
determination of completeness, notice of application, and
notice of final decision must include all project permits
being reviewed through the consolidated permit review
process.
(2) Consolidated permit review may provide different
procedures for different categories of project permits, but if
a project action requires project permits from more than one
category, the local government shall provide for consolidated
permit review with a single open record hearing and no more
than one closed record appeal as provided in RCW
36.70B.060. Each local government shall determine which
project permits are subject to an open record hearing and a
closed record appeal. Examples of categories of project
permits include but are not limited to:
(a) Proposals that are categorically exempt from chapter
43.21C RCW, such as construction permits, that do not
require environmental review or public notice;
(b) Permits that require environmental review, but no
open record predecision hearing; and
(c) Permits that require a threshold determination and an
open record predecision hearing and may provide for a
closed record appeal to a hearing body or officer or to the
local government legislative body.
(3) A local government may provide by ordinance or
resolution for the same or a different decision maker or
hearing body or officer for different categories of project
permits. In the case of consolidated project permit review,
the local government shall specify which decision makers
shall make the decision or recommendation, conduct the
hearing, or decide the appeal to ensure that consolidated
permit review occurs as provided in this section. The
consolidated permit review may combine an open record
predecision hearing on one or more permits with an open
record appeal hearing on other permits. In such cases, the
local government by ordinance or resolution shall specify
which project permits, if any, shall be subject to a closed
record appeal. [1995 c 347 § 416.]
36.70B.130 Notice of decision—Distribution. A
local government planning under RCW 36.70A.040 shall
provide a notice of decision that also includes a statement of
any threshold determination made under chapter 43.21C
RCW and the procedures for administrative appeal, if any.
The notice of decision may be a copy of the report or
decision on the project permit application. The notice shall
be provided to the applicant and to any person who, prior to
the rendering of the decision, requested notice of the
decision or submitted substantive comments on the application. The local government shall provide for notice of its
decision as provided in RCW 36.70B.110(4), which shall
also state that affected property owners may request a
change in valuation for property tax purposes notwithstand(2002 Ed.)
36.70B.120
ing any program of revaluation. The local government shall
provide notice of decision to the county assessor’s office of
the county or counties in which the property is situated.
[1996 c 254 § 1; 1995 c 347 § 417.]
36.70B.140 Project permits that may be excluded
from review. (1) A local government by ordinance or
resolution may exclude the following project permits from
the provisions of RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130: Landmark designations,
street vacations, or other approvals relating to the use of
public areas or facilities, or other project permits, whether
administrative or quasi-judicial, that the local government by
ordinance or resolution has determined present special
circumstances that warrant a review process different from
that provided in RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130.
(2) A local government by ordinance or resolution also
may exclude the following project permits from the provisions of RCW 36.70B.060 and 36.70B.110 through
36.70B.130: Lot line or boundary adjustments and building
and other construction permits, or similar administrative
approvals, categorically exempt from environmental review
under chapter 43.21C RCW, or for which environmental
review has been completed in connection with other project
permits. [1995 c 347 § 418.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant
to 1998 c 286 § 8.
36.70B.150 Local governments not planning under
the growth management act may use provisions. A local
government not planning under RCW 36.70A.040 may
incorporate some or all of the provisions of RCW
36.70B.060 through *36.70B.090 and 36.70B.110 through
36.70B.130 into its procedures for review of project permits
or other project actions. [1995 c 347 § 419.]
*Reviser’s note: RCW 36.70B.090 expired June 30, 2000, pursuant
to 1998 c 286 § 8.
36.70B.160 Additional project review encouraged—
Construction. (1) Each local government is encouraged to
adopt further project review provisions to provide prompt,
coordinated review and ensure accountability to applicants
and the public, including expedited review for project permit
applications for projects that are consistent with adopted
development regulations and within the capacity of systemwide infrastructure improvements.
(2) Nothing in this chapter is intended or shall be
construed to prevent a local government from requiring a
preapplication conference or a public meeting by rule,
ordinance, or resolution.
(3) Each local government shall adopt procedures to
monitor and enforce permit decisions and conditions.
(4) Nothing in this chapter modifies any independent
statutory authority for a government agency to appeal a
project permit issued by a local government. [1995 c 347 §
420.]
36.70B.170 Development agreements—Authorized.
(1) A local government may enter into a development
agreement with a person having ownership or control of real
[Title 36 RCW—page 207]
36.70B.170
Title 36 RCW: Counties
property within its jurisdiction. A city may enter into a
development agreement for real property outside its boundaries as part of a proposed annexation or a service
agreement. A development agreement must set forth the
development standards and other provisions that shall apply
to and govern and vest the development, use, and mitigation
of the development of the real property for the duration
specified in the agreement. A development agreement shall
be consistent with applicable development regulations
adopted by a local government planning under chapter
36.70A RCW.
(2) RCW 36.70B.170 through 36.70B.190 and section
501, chapter 347, Laws of 1995 do not affect the validity of
a contract rezone, concomitant agreement, annexation
agreement, or other agreement in existence on July 23, 1995,
or adopted under separate authority, that includes some or all
of the development standards provided in subsection (3) of
this section.
(3) For the purposes of this section, "development
standards" includes, but is not limited to:
(a) Project elements such as permitted uses, residential
densities, and nonresidential densities and intensities or
building sizes;
(b) The amount and payment of impact fees imposed or
agreed to in accordance with any applicable provisions of
state law, any reimbursement provisions, other financial
contributions by the property owner, inspection fees, or
dedications;
(c) Mitigation measures, development conditions, and
other requirements under chapter 43.21C RCW;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping,
and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing
decisions;
(i) A build-out or vesting period for applicable standards; and
(j) Any other appropriate development requirement or
procedure.
(4) The execution of a development agreement is a
proper exercise of county and city police power and contract
authority. A development agreement may obligate a party
to fund or provide services, infrastructure, or other facilities.
A development agreement shall reserve authority to impose
new or different regulations to the extent required by a
serious threat to public health and safety. [1995 c 347 §
502.]
Findings—Intent—1995 c 347 §§ 502-506: "The legislature finds
that the lack of certainty in the approval of development projects can result
in a waste of public and private resources, escalate housing costs for
consumers and discourage the commitment to comprehensive planning
which would make maximum efficient use of resources at the least
economic cost to the public. Assurance to a development project applicant
that upon government approval the project may proceed in accordance with
existing policies and regulations, and subject to conditions of approval, all
as set forth in a development agreement, will strengthen the public planning
process, encourage private participation and comprehensive planning, and
reduce the economic costs of development. Further, the lack of public
facilities and services is a serious impediment to development of new
housing and commercial uses. Project applicants and local governments
may include provisions and agreements whereby applicants are reimbursed
[Title 36 RCW—page 208]
over time for financing public facilities. It is the intent of the legislature by
RCW 36.70B.170 through 36.70B.210 to allow local governments and
owners and developers of real property to enter into development agreements." [1995 c 347 § 501.]
36.70B.180 Development agreements—Effect.
Unless amended or terminated, a development agreement is
enforceable during its term by a party to the agreement. A
development agreement and the development standards in the
agreement govern during the term of the agreement, or for
all or that part of the build-out period specified in the
agreement, and may not be subject to an amendment to a
zoning ordinance or development standard or regulation or
a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A
permit or approval issued by the county or city after the
execution of the development agreement must be consistent
with the development agreement. [1995 c 347 § 503.]
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.190 Development agreements—Recording—
Parties and successors bound. A development agreement
shall be recorded with the real property records of the county
in which the property is located. During the term of the
development agreement, the agreement is binding on the
parties and their successors, including a city that assumes
jurisdiction through incorporation or annexation of the area
covering the property covered by the development agreement. [1995 c 347 § 504.]
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.200 Development agreements—Public
hearing. A county or city shall only approve a development
agreement by ordinance or resolution after a public hearing.
The county or city legislative body or a planning commission, hearing examiner, or other body designated by the
legislative body to conduct the public hearing may conduct
the hearing. If the development agreement relates to a project permit application, the provisions of chapter 36.70C
RCW shall apply to the appeal of the decision on the
development agreement. [1995 c 347 § 505.]
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.210 Development agreements—Authority to
impose fees not extended. Nothing in RCW 36.70B.170
through 36.70B.200 and section 501, chapter 347, Laws of
1995 is intended to authorize local governments to impose
impact fees, inspection fees, or dedications or to require any
other financial contributions or mitigation measures except
as expressly authorized by other applicable provisions of
state law. [1995 c 347 § 506.]
Findings—Intent—1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.220 Permit assistance staff. (1) Each county
and city having populations of ten thousand or more that
plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants.
(2002 Ed.)
Local Project Review
An existing employee may be designated as the permit
assistance staff.
(2) Permit assistance staff designated under this section
shall:
(a) Make available to permit applicants all current local
government regulations and adopted policies that apply to
the subject application. The local government shall provide
counter copies thereof and, upon request, provide copies
according to chapter 42.17 RCW. The staff shall also
publish and keep current one or more handouts containing
lists and explanations of all local government regulations and
adopted policies;
(b) Establish and make known to the public the means
of obtaining the handouts and related information; and
(c) Provide assistance regarding the application of the
local government’s regulations in particular cases.
(3) Permit assistance staff designated under this section
may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of
this section from the municipal research council and the
department of community, trade, and economic development.
[1996 c 206 § 9.]
Findings—1996 c 206: See note following RCW 43.05.030.
36.70B.230 Planning regulations—Copies provided
to county assessor. By July 31, 1997, a local government
planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the local government’s comprehensive
plan and development regulations in effect on July 1st of
that year and shall thereafter provide any amendments to the
plan and regulations that were adopted before July 31st of
each following year. [1996 c 254 § 6.]
36.70B.900 Finding—Severability—Part headings
and table of contents not law—1995 c 347. See notes
following RCW 36.70A.470.
Chapter 36.70C
JUDICIAL REVIEW OF LAND USE DECISIONS
Sections
36.70C.005
36.70C.010
36.70C.020
36.70C.030
36.70C.040
36.70C.050
36.70C.060
36.70C.070
36.70C.080
36.70C.090
36.70C.100
36.70C.110
36.70C.120
36.70C.130
36.70C.140
36.70C.900
Short title.
Purpose.
Definitions.
Chapter exclusive means of judicial review of land use decisions—Exceptions.
Commencement of review—Land use petition—Procedure.
Joinder of parties.
Standing.
Land use petition—Required elements.
Initial hearing.
Expedited review.
Stay of action pending review.
Record for judicial review—Costs.
Scope of review—Discovery.
Standards for granting relief.
Decision of the court.
Finding—Severability—Part headings and table of contents
not law—1995 c 347.
36.70C.005 Short title. This chapter may be known
and cited as the land use petition act. [1995 c 347 § 701.]
(2002 Ed.)
36.70B.220
36.70C.010 Purpose. The purpose of this chapter is
to reform the process for judicial review of land use decisions made by local jurisdictions, by establishing uniform,
expedited appeal procedures and uniform criteria for reviewing such decisions, in order to provide consistent, predictable, and timely judicial review. [1995 c 347 § 702.]
36.70C.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Land use decision" means a final determination by
a local jurisdiction’s body or officer with the highest level of
authority to make the determination, including those with
authority to hear appeals, on:
(a) An application for a project permit or other governmental approval required by law before real property may be
improved, developed, modified, sold, transferred, or used,
but excluding applications for permits or approvals to use,
vacate, or transfer streets, parks, and similar types of public
property; excluding applications for legislative approvals
such as area-wide rezones and annexations; and excluding
applications for business licenses;
(b) An interpretative or declaratory decision regarding
the application to a specific property of zoning or other
ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and
(c) The enforcement by a local jurisdiction of ordinances regulating the improvement, development, modification,
maintenance, or use of real property. However, when a local
jurisdiction is required by law to enforce the ordinances in
a court of limited jurisdiction, a petition may not be brought
under this chapter.
(2) "Local jurisdiction" means a county, city, or incorporated town.
(3) "Person" means an individual, partnership, corporation, association, public or private organization, or governmental entity or agency. [1995 c 347 § 703.]
36.70C.030 Chapter exclusive means of judicial
review of land use decisions—Exceptions. (1) This chapter
replaces the writ of certiorari for appeal of land use decisions and shall be the exclusive means of judicial review of
land use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part
of a local jurisdiction;
(ii) Land use decisions of a local jurisdiction that are
subject to review by a quasi-judicial body created by state
law, such as the shorelines hearings board or the growth
management hearings board;
(b) Judicial review of applications for a writ of mandamus or prohibition; or
(c) Claims provided by any law for monetary damages
or compensation. If one or more claims for damages or
compensation are set forth in the same complaint with a land
use petition brought under this chapter, the claims are not
subject to the procedures and standards, including deadlines,
provided in this chapter for review of the petition. The
judge who hears the land use petition may, if appropriate,
preside at a trial for damages or compensation.
[Title 36 RCW—page 209]
36.70C.030
Title 36 RCW: Counties
(2) The superior court civil rules govern procedural
matters under this chapter to the extent that the rules are
consistent with this chapter. [1995 c 347 § 704.]
36.70C.040 Commencement of review—Land use
petition—Procedure. (1) Proceedings for review under this
chapter shall be commenced by filing a land use petition in
superior court.
(2) A land use petition is barred, and the court may not
grant review, unless the petition is timely filed with the court
and timely served on the following persons who shall be
parties to the review of the land use petition:
(a) The local jurisdiction, which for purposes of the
petition shall be the jurisdiction’s corporate entity and not an
individual decision maker or department;
(b) Each of the following persons if the person is not
the petitioner:
(i) Each person identified by name and address in the
local jurisdiction’s written decision as an applicant for the
permit or approval at issue; and
(ii) Each person identified by name and address in the
local jurisdiction’s written decision as an owner of the
property at issue;
(c) If no person is identified in a written decision as
provided in (b) of this subsection, each person identified by
name and address as a taxpayer for the property at issue in
the records of the county assessor, based upon the description of the property in the application; and
(d) Each person named in the written decision who filed
an appeal to a local jurisdiction quasi-judicial decision maker
regarding the land use decision at issue, unless the person
has abandoned the appeal or the person’s claims were
dismissed before the quasi-judicial decision was rendered.
Persons who later intervened or joined in the appeal are not
required to be made parties under this subsection.
(3) The petition is timely if it is filed and served on all
parties listed in subsection (2) of this section within
twenty-one days of the issuance of the land use decision.
(4) For the purposes of this section, the date on which
a land use decision is issued is:
(a) Three days after a written decision is mailed by the
local jurisdiction or, if not mailed, the date on which the
local jurisdiction provides notice that a written decision is
publicly available;
(b) If the land use decision is made by ordinance or
resolution by a legislative body sitting in a quasi-judicial
capacity, the date the body passes the ordinance or resolution; or
(c) If neither (a) nor (b) of this subsection applies, the
date the decision is entered into the public record.
(5) Service on the local jurisdiction must be by delivery
of a copy of the petition to the persons identified by or
pursuant to RCW 4.28.080 to receive service of process.
Service on other parties must be in accordance with the
superior court civil rules or by first class mail to:
(a) The address stated in the written decision of the
local jurisdiction for each person made a party under
subsection (2)(b) of this section;
(b) The address stated in the records of the county
assessor for each person made a party under subsection
(2)(c) of this section; and
[Title 36 RCW—page 210]
(c) The address stated in the appeal to the quasi-judicial
decision maker for each person made a party under subsection (2)(d) of this section.
(6) Service by mail is effective on the date of mailing
and proof of service shall be by affidavit or declaration
under penalty of perjury. [1995 c 347 § 705.]
36.70C.050 Joinder of parties. If the applicant for
the land use approval is not the owner of the real property
at issue, and if the owner is not accurately identified in the
records referred to in RCW 36.70C.040(2) (b) and (c), the
applicant shall be responsible for promptly securing the
joinder of the owners. In addition, within fourteen days after
service each party initially named by the petitioner shall
disclose to the other parties the name and address of any
person whom such party knows may be needed for just
adjudication of the petition, and the petitioner shall promptly
name and serve any such person whom the petitioner agrees
may be needed for just adjudication. If such a person is
named and served before the initial hearing, leave of court
for the joinder is not required, and the petitioner shall
provide the newly joined party with copies of the pleadings
filed before the party’s joinder. Failure by the petitioner to
name or serve, within the time required by RCW
36.70C.040(3), persons who are needed for just adjudication
but who are not identified in the records referred to in RCW
36.70C.040(2)(b), or in RCW 36.70C.040(2)(c) if applicable,
shall not deprive the court of jurisdiction to hear the land use
petition. [1995 c 347 § 706.]
36.70C.060 Standing. Standing to bring a land use
petition under this chapter is limited to the following
persons:
(1) The applicant and the owner of property to which
the land use decision is directed;
(2) Another person aggrieved or adversely affected by
the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use
decision. A person is aggrieved or adversely affected within
the meaning of this section only when all of the following
conditions are present:
(a) The land use decision has prejudiced or is likely to
prejudice that person;
(b) That person’s asserted interests are among those that
the local jurisdiction was required to consider when it made
the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused
or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative remedies to the extent required by law. [1995 c 347 §
707.]
36.70C.070 Land use petition—Required elements.
A land use petition must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner’s
attorney, if any;
(3) The name and mailing address of the local jurisdiction whose land use decision is at issue;
(2002 Ed.)
Judicial Review of Land Use Decisions
(4) Identification of the decision-making body or officer,
together with a duplicate copy of the decision, or, if not a
written decision, a summary or brief description of it;
(5) Identification of each person to be made a party
under RCW 36.70C.040(2) (b) through (d);
(6) Facts demonstrating that the petitioner has standing
to seek judicial review under RCW 36.70C.060;
(7) A separate and concise statement of each error
alleged to have been committed;
(8) A concise statement of facts upon which the
petitioner relies to sustain the statement of error; and
(9) A request for relief, specifying the type and extent
of relief requested. [1995 c 347 § 708.]
36.70C.080 Initial hearing. (1) Within seven days
after the petition is served on the parties identified in RCW
36.70C.040(2), the petitioner shall note, according to the
local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial hearing shall
be set no sooner than thirty-five days and no later than fifty
days after the petition is served on the parties identified in
RCW 36.70C.040(2).
(2) The parties shall note all motions on jurisdictional
and procedural issues for resolution at the initial hearing,
except that a motion to allow discovery may be brought
sooner. Where confirmation of motions is required, each
party shall be responsible for confirming its own motions.
(3) The defenses of lack of standing, untimely filing or
service of the petition, and failure to join persons needed for
just adjudication are waived if not raised by timely motion
noted to be heard at the initial hearing, unless the court
allows discovery on such issues.
(4) The petitioner shall move the court for an order at
the initial hearing that sets the date on which the record must
be submitted, sets a briefing schedule, sets a discovery
schedule if discovery is to be allowed, and sets a date for the
hearing or trial on the merits.
(5) The parties may waive the initial hearing by scheduling with the court a date for the hearing or trial on the
merits and filing a stipulated order that resolves the jurisdictional and procedural issues raised by the petition, including
the issues identified in subsections (3) and (4) of this
section.
(6) A party need not file an answer to the petition.
[1995 c 347 § 709.]
36.70C.090 Expedited review. The court shall
provide expedited review of petitions filed under this
chapter. The matter must be set for hearing within sixty
days of the date set for submitting the local jurisdiction’s
record, absent a showing of good cause for a different date
or a stipulation of the parties. [1995 c 347 § 710.]
36.70C.100 Stay of action pending review. (1) A
petitioner or other party may request the court to stay or
suspend an action by the local jurisdiction or another party
to implement the decision under review. The request must
set forth a statement of grounds for the stay and the factual
basis for the request.
(2) A court may grant a stay only if the court finds that:
(2002 Ed.)
36.70C.070
(a) The party requesting the stay is likely to prevail on
the merits;
(b) Without the stay the party requesting it will suffer
irreparable harm;
(c) The grant of a stay will not substantially harm other
parties to the proceedings; and
(d) The request for the stay is timely in light of the
circumstances of the case.
(3) The court may grant the request for a stay upon such
terms and conditions, including the filing of security, as are
necessary to prevent harm to other parties by the stay.
[1995 c 347 § 711.]
36.70C.110 Record for judicial review—Costs. (1)
Within forty-five days after entry of an order to submit the
record, or within such a further time as the court allows or
as the parties agree, the local jurisdiction shall submit to the
court a certified copy of the record for judicial review of the
land use decision, except that the petitioner shall prepare at
the petitioner’s expense and submit a verbatim transcript of
any hearings held on the matter.
(2) If the parties agree, or upon order of the court, the
record shall be shortened or summarized to avoid reproduction and transcription of portions of the record that are
duplicative or not relevant to the issues to be reviewed by
the court.
(3) The petitioner shall pay the local jurisdiction the
cost of preparing the record before the local jurisdiction
submits the record to the court. Failure by the petitioner to
timely pay the local jurisdiction relieves the local jurisdiction
of responsibility to submit the record and is grounds for
dismissal of the petition.
(4) If the relief sought by the petitioner is granted in
whole or in part the court shall equitably assess the cost of
preparing the record among the parties. In assessing costs
the court shall take into account the extent to which each
party prevailed and the reasonableness of the parties’
conduct in agreeing or not agreeing to shorten or summarize
the record under subsection (2) of this section. [1995 c 347
§ 712.]
36.70C.120 Scope of review—Discovery. (1) When
the land use decision being reviewed was made by a
quasi-judicial body or officer who made factual determinations in support of the decision and the parties to the quasijudicial proceeding had an opportunity consistent with due
process to make a record on the factual issues, judicial
review of factual issues and the conclusions drawn from the
factual issues shall be confined to the record created by the
quasi-judicial body or officer, except as provided in subsections (2) through (4) of this section.
(2) For decisions described in subsection (1) of this
section, the record may be supplemented by additional
evidence only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the
body or of the officer that made the land use decision, when
such grounds were unknown by the petitioner at the time the
record was created;
(b) Matters that were improperly excluded from the
record after being offered by a party to the quasi-judicial
proceeding; or
[Title 36 RCW—page 211]
36.70C.120
Title 36 RCW: Counties
(c) Matters that were outside the jurisdiction of the body
or officer that made the land use decision.
(3) For land use decisions other than those described in
subsection (1) of this section, the record for judicial review
may be supplemented by evidence of material facts that were
not made part of the local jurisdiction’s record.
(4) The court may require or permit corrections of
ministerial errors or inadvertent omissions in the preparation
of the record.
(5) The parties may not conduct pretrial discovery
except with the prior permission of the court, which may be
sought by motion at any time after service of the petition.
The court shall not grant permission unless the party requesting it makes a prima facie showing of need. The court
shall strictly limit discovery to what is necessary for equitable and timely review of the issues that are raised under
subsections (2) and (3) of this section. If the court allows
the record to be supplemented, the court shall require the
parties to disclose before the hearing or trial on the merits
the specific evidence they intend to offer. If any party, or
anyone acting on behalf of any party, requests records under
chapter 42.17 RCW relating to the matters at issue, a copy
of the request shall simultaneously be given to all other
parties and the court shall take such request into account in
fashioning an equitable discovery order under this section.
[1995 c 347 § 713.]
36.70C.130 Standards for granting relief. (1) The
superior court, acting without a jury, shall review the record
and such supplemental evidence as is permitted under RCW
36.70C.120. The court may grant relief only if the party
seeking relief has carried the burden of establishing that one
of the standards set forth in (a) through (f) of this subsection
has been met. The standards are:
(a) The body or officer that made the land use decision
engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
(b) The land use decision is an erroneous interpretation
of the law, after allowing for such deference as is due the
construction of a law by a local jurisdiction with expertise;
(c) The land use decision is not supported by evidence
that is substantial when viewed in light of the whole record
before the court;
(d) The land use decision is a clearly erroneous application of the law to the facts;
(e) The land use decision is outside the authority or
jurisdiction of the body or officer making the decision; or
(f) The land use decision violates the constitutional
rights of the party seeking relief.
(2) In order to grant relief under this chapter, it is not
necessary for the court to find that the local jurisdiction
engaged in arbitrary and capricious conduct. A grant of
relief by itself may not be deemed to establish liability for
monetary damages or compensation. [1995 c 347 § 714.]
36.70C.140 Decision of the court. The court may
affirm or reverse the land use decision under review or
remand it for modification or further proceedings. If the
decision is remanded for modification or further proceedings,
the court may make such an order as it finds necessary to
preserve the interests of the parties and the public, pending
[Title 36 RCW—page 212]
further proceedings or action by the local jurisdiction. [1995
c 347 § 715.]
36.70C.900 Finding—Severability—Part headings
and table of contents not law—1995 c 347. See notes
following RCW 36.70A.470.
Chapter 36.71
PEDDLERS’ AND HAWKERS’ LICENSES
Sections
36.71.010
36.71.020
36.71.030
36.71.040
36.71.050
36.71.060
36.71.070
36.71.080
36.71.090
Peddler’s license—"Peddler" defined.
Peddler’s license—Application for and issuance of license.
Peddler’s license—Record of applications.
Peddler’s license—Cancellation of license.
Peddler’s license—Liability of deposit—Lien on.
Peddler’s license—Penalty for peddling without license.
Hawkers, auctioneers, and barterers must procure license—
Exceptions.
Hawkers, auctioneers, and barterers must procure license—
Issuance of license.
Farmers, gardeners, etc., peddling own produce exempt from
license requirements—Exception—Valid direct retail
endorsement.
36.71.010 Peddler’s license—"Peddler" defined.
The term "peddler" for the purpose of this chapter includes
all persons, both principals and agents, who go from place
to place and house to house, carrying for sale and offering
for sale or exposal for sale, goods, wares, or merchandise
except agricultural, horticultural, or farm products, which
they may grow or raise, and except vendors of books,
periodicals, or newspapers: PROVIDED, That nothing in
this chapter shall apply to peddlers within the limits of any
city or town which by ordinance regulates the sale of goods,
wares, or merchandise by peddlers. [1963 c 4 § 36.71.010.
Prior: 1929 c 110 § 1; 1909 c 214 § 1; RRS § 8353.]
36.71.020 Peddler’s license—Application for and
issuance of license. Every peddler, before commencing
business in any county of the state, shall apply in writing
and under oath to the appropriate county official of the
county in which he proposes to operate for a county license.
The application must state the names and residences of the
owners or parties in whose interest the business is to be
conducted. The applicant at the same time shall file a true
statement under oath of the quantity and value of the stock
of goods, wares, and merchandise that is in the county for
sale or to be kept or exposed for sale in the county, make a
special deposit of five hundred dollars, and pay the county
license fee as may be fixed under the authority of RCW
36.32.120(3).
The appropriate county official shall thereupon issue to
the applicant a peddler’s license, authorizing him to do
business in the county for the term of one year from the date
thereof. Every county license shall contain a copy of the
application therefor, shall not be transferable, and shall not
authorize more than one person to sell goods as a peddler,
either by agent or clerk, or in any other way than his own
proper person. [1985 c 91 § 3; 1963 c 4 § 36.71.020. Prior:
1927 c 89 § 1; 1909 c 214 § 3; RRS § 8355.]
(2002 Ed.)
Peddlers’ and Hawkers’ Licenses
36.71.030 Peddler’s license—Record of applications.
The appropriate county official of each county shall keep on
file all applications for peddlers’ licenses that are issued.
All files and records shall be in convenient form and open
to public inspection. [1985 c 91 § 4; 1963 c 4 § 36.71.030.
Prior: 1909 c 214 § 4; RRS § 8356.]
36.71.040 Peddler’s license—Cancellation of license.
Upon the expiration and return of a county license, the
appropriate county official shall cancel it, indorse thereon the
cancellation, and place it on file. After holding the special
deposit of the licensee for a period of ninety days from the
date of cancellation, he shall return the deposit or such
portion as may remain in his hands after satisfying the
claims made against it. [1985 c 91 § 5; 1963 c 4 §
36.71.040. Prior: 1909 c 214 § 5; RRS § 8357.]
36.71.050 Peddler’s license—Liability of deposit—
Lien on. Each deposit made with the county shall be
subject to all taxes legally chargeable thereto, to attachment
and execution on behalf of the creditors of the licensee
whose claims arise in connection with the business done
under his license, and the county may be held to answer as
trustee in any civil action in contract or tort brought against
any licensee, and shall pay over, under order of the court or
upon execution, such amount of money as the licensee may
be chargeable with upon the final determination of the case.
Such deposit shall also be subject to the payment of any and
all fines and penalties incurred by the licensee through
violations of the provisions of RCW 36.71.010, 36.71.020,
36.71.030, 36.71.040 and 36.71.060, which shall be a lien
upon the deposit and shall be collected in the manner
provided by law. [1985 c 91 § 6; 1963 c 4 § 36.71.050.
Prior: 1909 c 214 § 6; RRS § 8358.]
36.71.060 Peddler’s license—Penalty for peddling
without license. Every peddler who sells or offers for sale
or exposes for sale, at public or private sale any goods,
wares, or merchandise without a county license, shall be
punished by imprisonment for not less than thirty days nor
more than ninety days or by fine of not less than fifty dollars
nor more than two hundred dollars or by both. [1963 c 4 §
36.71.060. Prior: 1909 c 214 § 2; RRS § 8354.]
36.71.070 Hawkers, auctioneers, and barterers must
procure license—Exceptions. (1) If any person sells any
goods, wares, or merchandise, at auction or public outcry, or
barters goods, wares or merchandise from traveling boats,
wagons, carts or vehicles of any kind, or from any pack,
basket or other package carried on foot without first having
obtained a license therefor from the board of county commissioners of the county in which such goods are sold or
bartered, he shall be guilty of a misdemeanor, and upon
conviction shall be fined not less than five nor more than
fifty dollars, and shall stand committed to the county jail of
the county in which the conviction is had until such fine and
cost of prosecution are paid, or discharged by due course of
law: PROVIDED, That this section shall not be construed
as to apply to any seagoing craft or to administrators or
executors selling property of deceased persons, or to private
individuals selling their household property, or furniture, or
(2002 Ed.)
36.71.030
farming tools, implements, or livestock, or any produce
grown or raised by them, either at public auction or private
sale.
(2) Notwithstanding subsection (1) of this section,
counties shall not license auctioneers that are licensed by the
state under chapter 18.11 RCW. [1984 c 189 § 6; 1963 c 4
§ 36.71.070. Prior: 1879 p 130 § 1; 1873 p 437 § 1; RRS
§ 8341.]
36.71.080 Hawkers, auctioneers, and barterers must
procure license—Issuance of license. The county legislative authority may, by its order, direct the appropriate county
official to issue a license to any person to do any business
designated in RCW 36.71.070 for such sum as may be fixed
under the authority of RCW 36.32.120(3). [1985 c 91 § 7;
1963 c 4 § 36.71.080. Prior: 1873 p 438 § 3; RRS § 8342.]
36.71.090 Farmers, gardeners, etc., peddling own
produce exempt from license requirements—Exception—
Valid direct retail endorsement. (1) It shall be lawful for
any farmer, gardener, or other person, without license, to
sell, deliver, or peddle any fruits, vegetables, berries, eggs,
or any farm produce or edibles raised, gathered, produced,
or manufactured by such person and no city or town shall
pass or enforce any ordinance prohibiting the sale by or
requiring license from the producers and manufacturers of
farm produce and edibles as herein defined: PROVIDED,
That nothing herein authorizes any person to sell, deliver, or
peddle, without license, in any city or town, any dairy
product, meat, poultry, eel, fish, mollusk, or shellfish where
a license is required to engage legally in such activity in
such city or town.
(2) It is lawful for an individual in possession of a valid
direct retail endorsement, as established in RCW 77.65.510,
to sell, deliver, or peddle wild-caught salmon or crab that is
caught, harvested, or collected under rule of the department
of fish and wildlife by such a person at a temporary food
service establishment, as that term is defined in RCW
69.06.045, and no city, town, or county may pass or enforce
an ordinance prohibiting the sale by or requiring additional
licenses or permits from the holder of the valid direct retail
endorsement. However, this subsection does not prohibit a
city, town, or county from inspecting an individual displaying a direct retail endorsement to verify that the person
is in compliance with state board of health and local rules
for food service operations. [2002 c 301 § 9; 1984 c 25 §
4; 1963 c 4 § 36.71.090. Prior: 1917 c 45 § 1; 1897 c 62
§ 1; RRS § 8343.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Chapter 36.72
PRINTING
Sections
36.72.071
36.72.075
36.72.080
36.72.090
All county officers to use official county newspaper.
Official county newspaper.
Forms for public blanks, compilation of.
Forms for public blanks, compilation of—Material to be
provided by state.
[Title 36 RCW—page 213]
36.72.071
Title 36 RCW: Counties
36.72.071 All county officers to use official county
newspaper. All county officers shall cause all legal notices
and delinquent tax lists to be advertised in the official county
newspaper designated by the county legislative authority.
[1977 c 34 § 1.]
36.73.070
36.73.080
36.72.075 Official county newspaper. At its first
April meeting, the county legislative authority shall let a
contract to a legal newspaper qualified under this section to
serve as the official county newspaper for the term of one
year beginning on the first day of July following. If there be
at least one legal newspaper published in the county, the
contract shall be let to a legal newspaper published in the
county. If there be no legal newspaper published in the
county, the county legislative authority shall let the contract
to a legal newspaper published in an adjacent county and
having general circulation in the county.
When two or more legal newspapers are qualified under
the provisions of this section to be the official county
newspaper, the county auditor shall advertise, at least five
weeks before the meeting at which the county legislative
authority shall let the contract for the official county newspaper, for bid proposals to be submitted by interested qualified
legal newspapers. Advertisement of the opportunity to bid
shall be mailed to all qualified legal newspapers and shall be
published once in the official county newspaper. The
advertisement may designate the form which notices shall
take, and may require that the successful bidder provide a
bond for the correct and faithful performance of the contract.
The county legislative authority shall let the contract to
the best and lowest responsible bidder, giving consideration
to the question of circulation in awarding the contract, with
a view to giving publication of notices the widest publicity.
[1977 c 34 § 2.]
36.73.130
36.73.140
36.73.150
36.72.080 Forms for public blanks, compilation of.
The state auditor, with the aid and advice of the attorney
general shall compile the forms for all public blanks used in
the counties of this state in conformity with the general
statutes thereof. The various blanks shall be uniform
throughout the state. [1963 c 4 § 36.72.080. Prior: 1897 c
35 § 1; RRS § 4078.]
36.72.090 Forms for public blanks, compilation of—
Material to be provided by state. The material used in
such blank forms and the printing and binding thereof shall
be provided for by the state in the same manner and under
the same rules and regulations as other public printing is
now provided for under the general statutes of this state.
[1963 c 4 § 36.72.090. Prior: 1897 c 35 § 2; RRS § 4079.]
Chapter 36.73
TRANSPORTATION BENEFIT DISTRICTS
Sections
36.73.010
36.73.020
36.73.030
36.73.040
36.73.050
36.73.060
Intent.
Establishment of district by county.
Establishment of district by city.
General powers of district.
Establishment of district—Public hearing.
Authority to levy property tax.
[Title 36 RCW—page 214]
36.73.090
36.73.100
36.73.110
36.73.120
36.73.900
Roads and
Authority to issue general obligation bonds.
Local improvement districts authorized—Special assessments—Bonds.
Printing of bonds.
Use of bond proceeds.
Acceptance and use of gifts and grants.
Imposition of fees on building construction or land development—Limitations.
Power of eminent domain.
Authority to contract for street and highway improvements.
Department of transportation may fund improvement projects.
Liberal construction.
bridges, service districts: Chapter 36.83 RCW.
36.73.010 Intent. The legislature finds that the
citizens of the state can benefit by cooperation of the public
and private sectors in addressing transportation needs. This
cooperation can be fostered through enhanced capability for
cities, towns, and counties to make and fund transportation
improvements necessitated by economic development.
It is the intent of the legislature to encourage joint
efforts by the state, local governments, and the private sector
to respond to the need for those transportation improvements
on state highways, county roads, and city streets. This goal
can be better achieved by allowing cities, towns, and
counties to establish transportation benefit districts in order
to respond to the special transportation needs and economic
opportunities resulting from private sector development for
the public good. The legislature also seeks to facilitate the
equitable participation of private developers whose developments may generate the need for those improvements in the
improvement costs. [1987 c 327 § 1.]
36.73.020 Establishment of district by county. The
legislative authority of a county may establish one or more
transportation benefit districts within the county for the
purpose of acquiring, constructing, improving, providing, and
funding any city street, county road, or state highway
improvement within the district that is (1) consistent with
state, regional, and local transportation plans, (2) necessitated
by existing or reasonably foreseeable congestion levels
attributable to economic growth, and (3) partially funded by
local government or private developer contributions, or a
combination of such contributions. Such transportation
improvements shall be owned by the county of jurisdiction
if located in an unincorporated area, by the city of jurisdiction if located in an incorporated area, or by the state in
cases where the transportation improvement is or becomes a
state highway; and all such transportation improvements
shall be administered and maintained as other public streets,
roads, and highways. The district may not include any area
within the corporate limits of a city unless the city legislative
authority has agreed to the inclusion pursuant to chapter
39.34 RCW. The agreement shall specify the area and such
powers as may be granted to the benefit district.
The members of the county legislative authority, acting
ex officio and independently, shall compose the governing
body of the district: PROVIDED, That where a transportation benefit district includes any portion of an incorporated
city, town, or another county, the district may be governed
as provided in an interlocal agreement adopted pursuant to
chapter 39.34 RCW. The county treasurer shall act as the ex
officio treasurer of the district. The electors of the district
(2002 Ed.)
Transportation Benefit Districts
shall all be registered voters residing within the district. For
purposes of this section, the term "city" means both cities
and towns. [1989 c 53 § 1; 1987 c 327 § 2.]
Severability—1989 c 53: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 53 § 5.]
36.73.030 Establishment of district by city. See
RCW 35.21.225.
36.73.040 General powers of district. A transportation benefit district is a quasi-municipal corporation, an
independent taxing "authority" within the meaning of Article
VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the
state Constitution.
A transportation benefit district constitutes a body
corporate and possesses all the usual powers of a corporation
for public purposes as well as all other powers that may now
or hereafter be specifically conferred by statute, including,
but not limited to, the authority to hire employees, staff, and
services, to enter into contracts, to acquire, hold, and dispose
of real and personal property, and to sue and be sued. Public
works contract limits applicable to the jurisdiction that
established the district shall apply to the district. [1989 c 53
§ 3; 1987 c 327 § 4.]
Severability—1989 c 53: See note following RCW 36.73.020.
36.73.050 Establishment of district—Public hearing.
(1) A city or county legislative authority proposing to
establish a transportation benefit district, or to modify the
boundaries of an existing district, or to dissolve an existing
district, shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten
days before the hearing, in a newspaper of general circulation within the proposed district. The legislative authority
shall make provision for a district to be automatically
dissolved when all indebtedness of the district has been
retired and anticipated responsibilities have been satisfied.
This notice shall be in addition to any other notice required
by law to be published. The notice shall, where applicable,
specify the functions or activities proposed to be provided or
funded, or the additional functions or activities proposed to
be provided or funded, by the district. Additional notice of
the hearing may be given by mail, by posting within the
proposed district, or in any manner the city or county
legislative authority deems necessary to notify affected
persons. All hearings shall be public and the city or county
legislative authority shall hear objections from any person
affected by the formation, modification of the boundaries, or
dissolution of the district.
(2) Following the hearing held pursuant to subsection
(1) of this section, the city or county legislative authority
may establish a transportation benefit district, modify the
boundaries or functions of an existing district, or dissolve an
existing district, if the city or county legislative authority
finds the action to be in the public interest and adopts an
ordinance providing for the action. The ordinance establishing a district shall specify the functions or activities to be
exercised or funded and establish the boundaries of the
(2002 Ed.)
36.73.020
district. A district shall include only those areas which can
reasonably be expected to benefit from improvements to be
funded by the district. Functions or activities proposed to be
provided or funded by the district may not be expanded
beyond those specified in the notice of hearing, unless additional notices are made, further hearings on the expansion
are held, and further determinations are made that it is in the
public interest to so expand the functions or activities
proposed to be provided or funded.
(3) At any time before the city or county legislative
authority establishes a transportation benefit district pursuant
to this section, all further proceedings shall be terminated
upon the filing of a verified declaration of termination signed
by the owners of real property consisting of at least sixty
percent of the assessed valuation in the proposed district.
[1987 c 327 § 5.]
36.73.060 Authority to levy property tax. (1) A
transportation benefit district may levy an ad valorem
property tax in excess of the one percent limitation upon the
property within the district for a one-year period whenever
authorized by the voters of the district pursuant to RCW
84.52.052 and Article VII, section 2(a) of the state Constitution.
(2) A district may provide for the retirement of voterapproved general obligation bonds, issued for capital
purposes only, by levying bond retirement ad valorem
property tax levies in excess of the one percent limitation
whenever authorized by the voters of the district pursuant to
Article VII, section 2(b) of the state Constitution and RCW
84.52.056. [1987 c 327 § 6.]
36.73.070 Authority to issue general obligation
bonds. (1) To carry out the purpose of this chapter, a
transportation benefit district may issue general obligation
bonds, not to exceed an amount, together with any other
outstanding nonvoter-approved general obligation indebtedness, equal to three-eighths of one percent of the value of
taxable property within the district, as the term "value of
taxable property" is defined in RCW 39.36.015. A district
may additionally issue general obligation bonds for capital
purposes only, together with any outstanding general
obligation indebtedness, not to exceed an amount equal to
one and one-fourth percent of the value of the taxable
property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015, when authorized by
the voters of the district pursuant to Article VIII, section 6
of the state Constitution, and to provide for the retirement
thereof by excess property tax levies as provided in RCW
36.73.060(2). The district may submit a single proposition
to the voters that, if approved, authorizes both the issuance
of the bonds and the bond retirement property tax levies.
(2) General obligation bonds with a maturity in excess
of forty years shall not be issued. The governing body of
the transportation benefit district shall by resolution determine for each general obligation bond issue the amount,
date, terms, conditions, denominations, maximum fixed or
variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution,
manner of sale, callable provisions, if any, covenants, and
form, including registration as to principal and interest,
[Title 36 RCW—page 215]
36.73.070
Title 36 RCW: Counties
registration as to principal only, or bearer. Registration may
include, but not be limited to: (a) A book entry system of
recording the ownership of a bond whether or not physical
bonds are issued; or (b) recording the ownership of a bond
together with the requirement that the transfer of ownership
may only be effected by the surrender of the old bond and
either the reissuance of the old bond or the issuance of a
new bond to the new owner. Facsimile signatures may be
used on the bonds and any coupons. Refunding general
obligation bonds may be issued in the same manner as
general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the transportation
benefit district which issues the bonds may specifically
pledge all or a portion of the revenues, charges, user fees, or
special assessments to refund the general obligation bonds.
The district may also pledge any other revenues that may be
available to the district. [1987 c 327 § 7.]
36.73.080 Local improvement districts authorized—
Special assessments—Bonds. (1) A transportation benefit
district may form a local improvement district to provide any
transportation improvement it has the authority to provide,
impose special assessments on all property specially benefited by the transportation improvements, and issue special
assessment bonds or revenue bonds to fund the costs of the
transportation improvement. Local improvement districts
shall be created and assessments shall be made and collected
pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53,
and 35.54 RCW.
(2) The governing body of a transportation benefit
district shall by resolution establish for each special assessment bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration
privileges, if any, covenants, and form, including registration
as to principal and interest, registration as to principal only,
or bearer. Registration may include, but not be limited to:
(a) A book entry system of recording the ownership of a
bond whether or not physical bonds are issued; or (b)
recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by
the surrender of the old bond and either the reissuance of the
old bond or the issuance of a new bond to the new owner.
Facsimile signatures may be used on the bonds and any
coupons. The maximum term of any special assessment
bonds shall not exceed thirty years beyond the date of issue.
Special assessment bonds issued pursuant to this section
shall not be an indebtedness of the transportation benefit district issuing the bonds, and the interest and principal on the
bonds shall only be payable from special assessments made
for the improvement for which the bonds were issued and
any local improvement guaranty fund that the transportation
benefit district has created. The owner or bearer of a special
assessment bond or any interest coupon issued pursuant to
this section shall not have any claim against the transportation benefit district arising from the bond or coupon except
for the payment from special assessments made for the
improvement for which the bonds were issued and any local
improvement guaranty fund the transportation benefit district
[Title 36 RCW—page 216]
has created. The district issuing the special assessment
bonds is not liable to the owner or bearer of any special
assessment bond or any interest coupon issued pursuant to
this section for any loss occurring in the lawful operation of
its local improvement guaranty fund. The substance of the
limitations included in this subsection shall be plainly
printed, written, or engraved on each special assessment
bond issued pursuant to this section.
(3) Assessments shall reflect any credits given by a
transportation benefit district for real property or property
right donations made pursuant to RCW 47.14.030.
(4) The governing body may establish and pay moneys
into a local improvement guaranty fund to guarantee special
assessment bonds issued by the transportation benefit district.
[1987 c 327 § 8.]
36.73.090 Printing of bonds. Where physical bonds
are issued pursuant to RCW 36.73.070 or 36.73.080, the
bonds shall be printed, engraved, or lithographed on good
bond paper and the manual or facsimile signatures of both
the treasurer and chairperson of the governing body shall be
included on each bond. [1987 c 327 § 9.]
36.73.100 Use of bond proceeds. (1) The proceeds
of any bond issued pursuant to RCW 36.73.070 or 36.73.080
may be used to pay costs incurred on such bond issue related
to the sale and issuance of the bonds. Such costs include
payments for fiscal and legal expenses, obtaining bond
ratings, printing, engraving, advertising, and other similar
activities.
(2) In addition, proceeds of bonds used to fund capital
projects may be used to pay the necessary and related
engineering, architectural, planning, and inspection costs.
[1987 c 327 § 10.]
36.73.110 Acceptance and use of gifts and grants.
A transportation benefit district may accept and expend or
use gifts, grants, and donations. [1987 c 327 § 11.]
36.73.120 Imposition of fees on building construction or land development—Limitations. (1) A transportation benefit district may impose a fee or charge on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building
or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land
only if done in accordance with chapter 39.92 RCW.
(2) Any fee or charge imposed under this section shall
be used exclusively for transportation improvements constructed by a transportation benefit district. The fees or
charges so imposed must be reasonably necessary as a result
of the impact of development, construction, or classification
or reclassification of land on identified transportation needs.
(3) When fees or charges are imposed by a district
within which there is more than one city or both incorporated and unincorporated areas, the legislative authority for
each city in the district and the county legislative authority
for the unincorporated area must approve the imposition of
such fees or charges before they take effect. [1988 c 179 §
7; 1987 c 327 § 12.]
(2002 Ed.)
Transportation Benefit Districts
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.73.130 Power of eminent domain. A transportation benefit district may exercise the power of eminent
domain to obtain property for its authorized purposes in the
manner as the city or county legislative authority that
established the district. [1987 c 327 § 13.]
36.73.140 Authority to contract for street and
highway improvements. A transportation benefit district
has the same powers as a county or city to contract for
street, road, or state highway improvement projects and to
enter into reimbursement contracts provided for in chapter
35.72 RCW. [1987 c 327 § 14.]
36.73.150 Department of transportation may fund
improvement projects. The department of transportation,
counties, and cities may give funds to transportation benefit
districts for the purposes of financing street, road, or
highway improvement projects. [1987 c 327 § 15.]
36.73.900 Liberal construction. The rule of strict
construction does not apply to this chapter, and this chapter
shall be liberally construed to permit the accomplishment of
its purposes. [1987 c 327 § 16.]
Chapter 36.75
ROADS AND BRIDGES—GENERAL PROVISIONS
Sections
36.75.010
36.75.020
36.75.030
36.75.035
36.75.040
36.75.050
36.75.060
36.75.065
36.75.070
36.75.080
36.75.090
36.75.100
36.75.110
36.75.120
36.75.130
36.75.140
36.75.150
36.75.160
36.75.170
36.75.180
36.75.190
36.75.200
36.75.203
36.75.205
36.75.207
36.75.210
(2002 Ed.)
Definitions.
County roads—County legislative authority as agent of
state—Standards.
State and county cooperation.
County may fund improvements to state highways.
Powers of county commissioners.
Powers—How exercised.
County road districts.
Community revitalization financing—Public improvements.
Highways worked seven years are county roads.
Highways used ten years are county roads.
Abandoned state highways.
Informalities not fatal.
True locations to be determined—Survey.
Action to determine true location.
Approaches to county roads.
Approaches to county roads—Rules regarding construction.
Approaches to county roads—Penalty.
Power of county commissioners as to roads, bridges, and
other structures crossing boundary lines.
Power of county commissioners as to roads, bridges, and
other structures crossing boundary lines—Resolution to
acquire or construct.
Power of county commissioners as to roads, bridges, and
other structures crossing boundary lines—Freeholders’
petition to acquire or construct.
Engineer’s report—Hearing—Order.
Bridges on city or town streets.
Responsibility of city to maintain county road forming a
municipal boundary.
Street as extension of road in town of less than one thousand.
Agreements for planning, establishment, construction, and
maintenance of city streets by counties—Use of county
road fund—Payment by city—Contracts, bids.
Roads crossing boundaries.
36.73.120
36.75.220
36.75.230
36.75.240
Connecting road across segment of third county.
Acquisition of land under RCW 36.75.210 and 36.75.220.
Sidewalks and pedestrian paths or walks—Bicycle paths,
lanes, routes, and roadways—Standards.
36.75.243 Curb ramps for physically handicapped.
36.75.250 State may intervene if maintenance neglected.
36.75.255 Street improvements—Provision of supplies or materials.
36.75.260 Annual report to secretary of transportation.
36.75.270 Limitation of type or weight of vehicles authorized—
Penalty.
36.75.280 Centralized repair and storage of machinery, equipment,
supplies, etc.
36.75.290 General penalty.
36.75.300 Primitive roads—Classification and designation.
Bridges across navigable waters: Chapter 88.28 RCW.
Cities and towns
annexation of unincorporated areas, disposition of road district taxes:
RCW 35.13.270.
disincorporation, effect on streets: RCW 35.07.110.
incorporation, disposition of uncollected road district taxes: RCW
35.02.140.
Classification of highways, county roads: RCW 47.04.020.
Contracts for street, road, and highway projects: Chapter 35.72 RCW.
County roads
construction or maintenance of, cooperative agreements, prevention or
minimization of flood damages: RCW 47.28.140.
defined for highway purposes: RCW 47.04.010(9).
defined for motor vehicle purposes: RCW 46.04.150.
designation as arterial: RCW 46.61.195.
federal funds for, state to match: RCW 47.08.020.
federal grants to, department of transportation to administer: RCW
47.04.060, 47.04.070.
may be selected as state highway route: RCW 47.28.010.
projects by department of transportation, funds set aside: RCW
47.08.080.
state participation in building: RCW 47.04.080.
title to rights of way vested in state: RCW 47.04.040.
Department of transportation and transportation improvement board to
coordinate long range needs studies: RCW 47.01.240.
Destroying native flora near county roads unlawful: RCW 47.40.080.
Dikes along public road, diking districts by: RCW 85.05.250.
Diking, drainage, and sewerage improvement districts
benefits to roads, costs: RCW 85.08.370.
crossing roads, procedure: RCW 85.08.340.
Diking, drainage district benefits to roads, how paid: RCW 85.07.040,
85.07.050.
Diking and drainage intercounty districts, counties to contribute for benefits
to roads and bridges by: RCW 85.24.240.
Drainage ditches along roads by drainage improvement district: RCW
85.08.385.
Flood control districts (1937 act), crossing county roads, procedure: RCW
86.09.229.
Glass bottles thrown along county roads, collection and removal: RCW
47.40.090.
Highway advertising control act
county information signs allowed under: RCW 47.42.050.
not to supersede county ordinance: RCW 47.42.070.
Labor on, maximum hours of prescribed: Chapter 49.28 RCW.
Limited access facilities: Chapter 47.52 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Motor vehicles, maximum weight, size, speed in traversing bridges, tunnels,
etc.: RCW 46.61.450.
Public lands
rights of way over for county bridges, trestles, across waterways, tide or
shore lands: RCW 79.91.100.
rights of way over for roads, county wharves: RCW 79.01.340.
sale of road materials on to counties: RCW 79.01.176.
Public works contracts, reserve from amount due contractors to cover lien
for labor, material or taxes: Chapter 60.28 RCW.
[Title 36 RCW—page 217]
Chapter 36.75
Title 36 RCW: Counties
Railroad grade crossings, county participation in grant, duty to maintain:
Chapter 81.53 RCW.
Reclamation districts of one million acres benefit to public roads, procedure: RCW 89.30.181.
Right to back and hold waters over county roads: RCW 90.28.010,
90.28.020.
Speeds, maximums on county roads: RCW 46.61.415.
State cooperation in building roads, bridges, etc.: RCW 47.04.080.
Street railways, may cross public road: RCW 81.64.030.
Telecommunications companies, use of county roads, how: RCW 80.36.040.
Title to rights of way in county roads vested in state: RCW 47.04.040.
Toll bridges
ferry crossings not to infringe existing franchises: RCW 47.60.120.
state given right of way through county roads: RCW 47.56.100.
Toll roads, bridges, and ferries of state, sale or lease of unneeded property
to county: RCW 47.56.253.
36.75.010 Definitions. As used in this title with
relation to roads and bridges, the following terms mean:
(1) "Alley," a highway not designed for general travel
and primarily used as a means of access to the rear of
residences and business establishments;
(2) "Board," the board of county commissioners or the
county legislative authority, however organized;
(3) "Center line," the line, marked or unmarked, parallel
to and equidistant from the sides of a two-way traffic
roadway of a highway except where otherwise indicated by
painted lines or markers;
(4) "City street," every highway or part thereof, located
within the limits of incorporated cities and towns, except
alleys;
(5) "County engineer" includes the county director of
public works;
(6) "County road," every highway or part thereof,
outside the limits of incorporated cities and towns and which
has not been designated as a state highway;
(7) "Department," the state department of transportation;
(8) "Director" or "secretary," the state secretary of
transportation or his duly authorized assistant;
(9) "Pedestrian," any person afoot;
(10) "Private road or driveway," every way or place in
private ownership and used for travel of vehicles by the
owner or those having express or implied permission from
the owner, but not by other persons;
(11) "Highway," every way, lane, road, street, boulevard, and every way or place in the state of Washington
open as a matter of right to public vehicular travel both
inside and outside the limits of incorporated cities and
towns;
(12) "Railroad," a carrier of persons or property upon
vehicles, other than streetcars, operated upon stationary rails,
the route of which is principally outside incorporated cities
and towns;
(13) "Roadway," the paved, improved, or proper driving
portion of a highway designed or ordinarily used for vehicular travel;
(14) "Sidewalk," property between the curb lines or the
lateral lines of a roadway, and the adjacent property, set
aside and intended for the use of pedestrians or such portion
of private property parallel and in proximity to a highway
and dedicated to use by pedestrians;
[Title 36 RCW—page 218]
(15) "State highway," includes every highway as herein
defined, or part thereof, that has been designated as a state
highway, or branch thereof, by legislative enactment. [1984
c 7 § 26; 1975 c 62 § 1; 1969 ex.s. c 182 § 1; 1963 c 4 §
36.75.010. Prior: 1937 c 187 § 1; RRS § 6450-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975 c 62 § 52.]
36.75.020 County roads—County legislative authority as agent of state—Standards. All of the county roads
in each of the several counties shall be established, laid out,
constructed, altered, repaired, improved, and maintained by
the legislative authority of the respective counties as agents
of the state, or by private individuals or corporations who
are allowed to perform such work under an agreement with
the county legislative authority. Such work shall be done in
accordance with adopted county standards under the supervision and direction of the county engineer. [1982 c 145 § 6;
1963 c 4 § 36.75.020. Prior: 1943 c 82 § 1; 1937 c 187 §
2; Rem. Supp. 1943 § 6450-2.]
36.75.030 State and county cooperation. The state
department of transportation and the governing officials of
any county may enter into reciprocal public highway
improvement and maintenance agreements, providing for
cooperation either in the county assisting the department in
the improvement or maintenance of state highways, or the
department assisting the county in the improvement or
maintenance of county roads, under any circumstance where
a necessity appears therefor or where economy in public
highway improvement and maintenance will be best served.
[1984 c 7 § 27; 1963 c 4 § 36.75.030. Prior: 1939 c 181 §
11; RRS § 6450-2a.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.035 County may fund improvements to state
highways. A county pursuant to chapter 36.88 RCW, or a
service district as provided for in chapter 36.83 RCW, may,
with the approval of the state department of transportation,
improve or fund the improvement of any state highway
within its boundaries. The county may fund improvements
under this section by any means authorized by law, except
that expenditures of county road funds under chapter 36.82
RCW under this section must be limited to improvements to
the state highway system and shall not include maintenance
or operations. Nothing in this section shall limit the authority of a county to fund cooperative improvement and
maintenance agreements with the department of transportation, authorized by RCW 36.75.030 or 47.28.140. [2002 c
60 § 1; 1985 c 400 § 1.]
County road improvement districts and service districts may improve state
highways: RCW 36.83.010 and 36.88.010.
36.75.040 Powers of county commissioners. The
board of county commissioners of each county, in relation to
roads and bridges, shall have the power and it shall be its
duty to:
(2002 Ed.)
Roads and Bridges—General Provisions
(1) Acquire in the manner provided by law property real
and personal and acquire or erect structures necessary for the
administration of the county roads of such county;
(2) Maintain a county engineering office and keep
record of all proceedings and orders pertaining to the county
roads of such county;
(3) Acquire land for county road purposes by purchase,
gift, or condemnation, and exercise the right of eminent
domain as by law provided for the taking of land for public
use by counties of this state;
(4) Perform all acts necessary and proper for the
administration of the county roads of such county as by law
provided;
(5) In its discretion rent or lease any lands, improvements or air space above or below any county road or
unused county roads to any person or entity, public or private: PROVIDED, That the said renting or leasing will not
interfere with vehicular traffic along said county road or
adversely affect the safety of the traveling public: PROVIDED FURTHER, That any such sale, lease or rental shall be
by public bid in the manner provided by law: AND PROVIDED FURTHER, That nothing herein shall prohibit any
county from granting easements of necessity. [1969 ex.s. c
182 § 15; 1963 c 4 § 36.75.040. Prior: 1937 c 187 § 3;
RRS § 6450-3.]
36.75.050 Powers—How exercised. The powers and
duties vested in or imposed upon the boards with respect to
establishing, examining, surveying, constructing, altering,
repairing, improving, and maintaining county roads, shall be
exercised under the supervision and direction of the county
road engineer.
The board shall by resolution, and not otherwise, order
the survey, establishment, construction, alteration, or improvement of county roads; the county road engineer shall
prepare all necessary maps, plans, and specifications therefor, showing the right of way widths, the alignments,
gradients, and standards of construction. [1963 c 4 §
36.75.050. Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part;
Rem. Supp. 1943 § 6450-4.]
36.75.060 County road districts. For the purpose of
efficient administration of the county roads of each county
the board may, but not more than once in each year, form
their respective counties, or any part thereof, into suitable
and convenient road districts, not exceeding nine in number,
and cause a description thereof to be entered upon their records.
Unless the board decides otherwise by majority vote,
there shall be at least one road district in each county
commissioner’s district embracing territory outside of cities
and towns and no road district shall extend into more than
one county commissioner’s district. [1969 ex.s. c 182 § 3;
1963 c 4 § 36.75.060. Prior: 1937 c 187 § 5; RRS § 64505.]
36.75.065 Community revitalization financing—
Public improvements. In addition to other authority that a
road district possesses, a road district may provide any
public improvement as defined under RCW 39.89.020, but
this additional authority is limited to participating in the
(2002 Ed.)
36.75.040
financing of the public improvements as provided under
RCW 39.89.050.
This section does not limit the authority of a road
district to otherwise participate in the public improvements
if that authority exists elsewhere. [2001 c 212 § 16.]
Severability—2001 c 212: See RCW 39.89.902.
36.75.070 Highways worked seven years are county
roads. All public highways in this state, outside incorporated cities and towns and not designated as state highways,
which have been used as public highways for a period of not
less than seven years, where they have been worked and
kept up at the expense of the public, are county roads.
[1963 c 4 § 36.75.070. Prior: 1955 c 361 § 2; prior: 1945
c 125 § 1, part; 1937 c 187 § 10, part; Rem. Supp. 1945 §
6450-10, part.]
36.75.080 Highways used ten years are county
roads. All public highways in this state, outside incorporated cities and towns and not designated as state highways
which have been used as public highways for a period of not
less than ten years are county roads: PROVIDED, That no
duty to maintain such public highway nor any liability for
any injury or damage for failure to maintain such public
highway or any road signs thereon shall attach to the county
until the same shall have been adopted as a part of the
county road system by resolution of the county commissioners. [1963 c 4 § 36.75.080. Prior: 1955 c 361 § 3;
prior: 1945 c 125 § 1, part; 1937 c 187 § 10, part; Rem.
Supp. 1945 § 6450-10, part.]
36.75.090 Abandoned state highways. All public
highways in this state which have been a part of the route of
a state highway and have been or may hereafter be no longer
necessary as such, if situated outside of the limits of incorporated cities or towns, shall, upon certification thereof
by the state department of transportation to the legislative
authority of the county in which any portion of the highway
is located, become a county road of the county, and if
situated within the corporate limits of any city or town shall
upon certification thereof by the state department of transportation to the mayor of the city or town in which any
portion of the highway is located become a street of the city
or town. Upon the certification the secretary of transportation shall execute a deed, which shall be duly acknowledged,
conveying the abandoned highway or portion thereof to the
county or city as the case may be. [1984 c 7 § 28; 1977
ex.s. c 78 § 4; 1963 c 4 § 36.75.090. Prior: 1955 c 361 §
4; prior: 1953 c 57 § 1; 1945 c 125 § 1, part; 1937 c 187
§ 10, part; Rem. Supp. 1945 § 6450-10, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.100 Informalities not fatal. No informalities
in the records in laying out, establishing, or altering any
public highways existing on file in the offices of the various
county auditors of this state or in the records of the department or the transportation commission, may be construed to
invalidate or vacate the public highways. [1984 c 7 § 29;
1963 c 4 § 36.75.100. Prior: 1937 c 187 § 11; RRS §
6450-11.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 36 RCW—page 219]
36.75.110
Title 36 RCW: Counties
36.75.110 True locations to be determined—Survey.
Whenever the board declares by resolution that the true
location, course, or width of any county road is uncertain
and that the same should be determined, it shall direct the
county road engineer to make examination and survey
thereof.
This shall embrace an examination and survey of the
original petition, report, and field notes on the establishment
of such road; a survey of the present traveled roadway; all
topography within a reasonable distance and having a
bearing on the true location of such road; the distance from
the center line of the traveled roadway to the nearest section
and quarter section corners; a map of sufficient scale
accurately showing the above with field notes thereon; a map
on the same scale showing the original field notes, such field
notes to be transposed and the same meridian used on both
maps. [1963 c 4 § 36.75.110. Prior: 1937 c 187 § 12; RRS
§ 6450-12.]
36.75.120 Action to determine true location. When
the true location, course, or width of a county road, which
was prior thereto uncertain, has been reported by the
examining engineer, the board shall file an action in the
superior court of such county for the determination thereof.
All persons affected by the determination of the true location, course, or width insofar as the same may vary from the
originally established location, course, or width shall be
made parties defendant in such action and service had and
return made as in the case of civil actions. Upon the hearing
the court shall consider the survey, maps, and all data with
reference to the investigation of the examining engineer and
may demand such further examination as it may deem
necessary and any objection of any party defendant may be
heard and considered. The court shall determine the true
location, course, and width of the road and may in its
discretion assess the cost of such action against the county
to be paid from the county road fund. [1963 c 4 §
36.75.120. Prior: 1937 c 187 § 13; RRS § 6450-13.]
36.75.130 Approaches to county roads. No person
shall be permitted to build or construct any approach to any
county road without first obtaining permission therefor from
the board. [1963 c 4 § 36.75.130. Prior: 1943 c 174 § 1;
Rem. Supp. 1943 § 6450-95.]
36.75.140 Approaches to county roads—Rules
regarding construction. The boards of the several counties
of the state may adopt reasonable rules for the construction
of approaches which, when complied with, shall entitle a
person to build or construct an approach from any abutting
property to any county road. The rules may include provisions for the construction of culverts under the approaches,
the depth of fills over the culverts and for such other
drainage facilities as the board deems necessary. The
construction of approaches, culverts, fills, or such other
drainage facilities as may be required, shall be under the
supervision of the county road engineer, and all such
construction shall be at the expense of the person benefited
by the construction. [1969 ex.s. c 182 § 4; 1963 c 4 §
36.75.140. Prior: 1943 c 174 § 2; Rem. Supp. 1943 §
6450-96.]
[Title 36 RCW—page 220]
36.75.150 Approaches to county roads—Penalty.
Any person violating any of the provisions of RCW
36.75.130 and 36.75.140 shall be guilty of a misdemeanor.
[1963 c 4 § 36.75.150. Prior: 1943 c 174 § 3; Rem. Supp.
1943 § 6450-97.]
36.75.160 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines. The board of county commissioners of any county
may erect and construct or acquire by purchase, gift, or
condemnation, any bridge, trestle, or any other structure
which crosses any stream, body of water, gulch, navigable
water, swamp or other topographical formation requiring
such structure for the continuation or connection of any
county road if such topographical formation constitutes the
boundary of a city, town, another county or the state of
Washington or another state or a county, city or town of
such other state.
The board of such county may join with such city,
town, other county, the state of Washington, or other state,
or a county, city or town of such other state in paying for,
erecting, constructing, acquiring by purchase, gift, or condemnation any such bridge, trestle, or other structure, and
the purchase or condemnation of right of way therefor.
The board of any county may construct, maintain, and
operate any county road which forms the boundary line
between another county within the state or another county in
any other state or which through its meandering crosses such
boundary; and acquire by purchase or condemnation any
lands or rights within this state, either within or without its
county, necessary for such boundary road; and enter into
joint contracts with authorities of adjoining counties for the
construction, operation, and maintenance of such boundary
roads. The power of condemnation herein granted may be
exercised jointly by two counties in the manner provided in
RCW 36.75.170 for bridges, or it may be exercised by a
single county in the manner authorized by law. [2000 c 155
§ 1; 1963 c 4 § 36.75.160. Prior: 1943 c 82 § 3; 1937 c
187 § 26; Rem. Supp. 1943 § 6450-26.]
36.75.170 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines—Resolution to acquire or construct. The board may
by original resolution entered upon its minutes declare its
intention to pay for and erect or construct, or acquire by
purchase, gift, or condemnation, any bridge, trestle, or other
structure upon any county road which crosses any stream,
body of water, gulch, navigable water, swamp or other
topographical formation constituting a boundary, or to join
therein with any other county, city or town, or with this
state, or with any other state, or with any county, city or
town of any other state, in the erection, or construction, or
acquisition of any such structure, and declare that the same
is a public necessity, and direct the county road engineer to
report upon such project, dividing any just proportional cost
thereof.
In the event two counties or any county and any city
wish to join in paying for the erection or acquisition of any
such structure, the resolution provided in this section shall be
a joint resolution of the governing authorities of the counties
and cities and they shall further, by such resolution, desig(2002 Ed.)
Roads and Bridges—General Provisions
nate an engineer employed by one county to report upon the
proposed erection or acquisition. [1963 c 4 § 36.75.170.
Prior: 1937 c 187 § 27; RRS § 6450-27.]
36.75.180 Power of county commissioners as to
roads, bridges, and other structures crossing boundary
lines—Freeholders’ petition to acquire or construct. Ten
or more freeholders of any county may petition the board for
the erection and construction or acquisition by purchase, gift,
or condemnation of any bridge, trestle, or any other structure
in the vicinity of their residence, and upon any county road
which crosses any stream, body of water, gulch, navigable
waters, swamp or other topographical formation constituting
a boundary by joining with any other county, city or town,
or the state of Washington, or with any other state or with
any county, city or town of any other state, setting forth and
describing the location proposed for the erection of such
bridge, trestle, or other structure, and stating that the same
is a public necessity. The petition shall be accompanied by
a bond with the same requirements, conditions, and amount
and in the same manner as in case of a freeholders’ petition
for the establishing of a county road. Upon the filing of
such petition and bond and being satisfied that the petition
has been signed by freeholders residing in the vicinity of
such proposed bridge, trestle, or other structure, the board
shall direct the county road engineer to report upon the
project, dividing any just proportional cost thereof.
In the event two counties or any county and any city or
town are petitioned to join in paying for the erection or
acquisition of such structure, the board of county commissioners of the counties or the board of county commissioners
of the county and governing authorities of the city or town
shall act jointly in the selection of the engineer who shall
report upon such acquisition or erection. [1963 c 4 §
36.75.180. Prior: 1937 c 187 § 28; RRS § 6450-28.]
36.75.190 Engineer’s report—Hearing—Order.
Upon report by the examining engineer for the erection and
construction upon any county road, or for acquisition by purchase, gift or condemnation of any bridge, trestle, or any
other structure crossing any stream, body of water, gulch,
navigable water, swamp or other topographical formation,
which constitutes a boundary, publication shall be made and
joint hearing had upon such report in the same manner and
upon the same procedure as in the case of resolution or
petition for the laying out and establishing of county roads.
If upon the hearing the governing authorities jointly order
the erection and construction or acquisition of such bridge,
trestle, or other structure, they may jointly acquire land
necessary therefor by purchase, gift, or condemnation in the
manner as provided for acquiring land for county roads, and
shall advertise calls for bids, require contractor’s deposit and
bond, award contracts, and supervise construction as by law
provided and in the same manner as required in the case of
the construction of county roads.
Any such bridges, trestles or other structures may be
operated free, or may be operated as toll bridges, trestles, or
other structures under the provisions of the laws of this state
relating thereto. [1963 c 4 § 36.75.190. Prior: 1937 c 187
§ 29; RRS § 6450-29.]
(2002 Ed.)
36.75.170
36.75.200 Bridges on city or town streets. The
boards of the several counties may expend funds from the
county road fund for the construction, improvement, repair,
and maintenance of any bridge upon any city street within
any city or town in such county where such city street and
bridge are essential to the continuation of the county road
system of the county. Such construction, improvement,
repair, or maintenance shall be ordered by resolution and
proceedings conducted in respect thereto in the same manner
as provided for the laying out and establishing of county
roads by counties, and for the preparation of maps, plans,
and specifications, advertising and award of contracts
therefor. [1963 c 4 § 36.75.200. Prior: 1937 c 187 § 30;
RRS § 6450-30.]
36.75.203 Responsibility of city to maintain county
road forming a municipal boundary. If the centerline of
a portion of a county road is part of a corporate boundary of
a city or town as of May 21, 1985, and that portion of
county road has no connection to the county road system,
maintenance of all affected portions of the road shall be the
responsibility of such city or town after a petition requesting
the same has been made to the city or town by the county
legislative authority. [1985 c 429 § 2.]
36.75.205 Street as extension of road in town of less
than one thousand. Whenever any street in any town,
having a population of less than one thousand persons, forms
an extension of a county road of the county in which such
town is located, and where the board of county commissioners of such county and the governing body of such town,
prior to the commencement of any work, have mutually
agreed and each adopted a resolution setting forth the nature
and scope of the work to be performed and the share of the
cost or labor which each shall bear, such county may expend
county road funds for construction, improvement, repair, or
maintenance of such street. [1963 c 4 § 36.75.205. Prior:
1959 c 83 § 1.]
36.75.207 Agreements for planning, establishment,
construction, and maintenance of city streets by counties—Use of county road fund—Payment by city—
Contracts, bids. See RCW 35.77.020 through 35.77.040.
36.75.210 Roads crossing boundaries. Whenever a
county road is established within any county, and such
county road crosses the boundary of the county, the board of
the county within which the major portion of the road is
located may expend the county road fund of such county in
laying out, establishing, constructing, altering, repairing,
improving, and maintaining that portion of the road lying
outside the county, in the manner provided by law for the
expenditure of county funds for the construction, alteration,
repair, improvement, and maintenance of county roads within
the county.
The board of any county may construct, maintain, and
operate any county road which forms the boundary line
between another county within the state or another county in
any other state or which through its meandering crosses such
boundary; and acquire by purchase or condemnation any
lands or rights within this state, either within or without its
[Title 36 RCW—page 221]
36.75.210
Title 36 RCW: Counties
county, necessary for such boundary road; and enter into
joint contracts with authorities of adjoining counties for the
construction, operation, and maintenance of such boundary
roads. The power of condemnation herein granted may be
exercised jointly by two counties in the manner provided for
bridges, or it may be exercised by a single county in the
manner authorized by law. [2000 c 155 § 2; 1963 c 4 §
36.75.210. Prior: 1937 c 187 § 23; RRS § 6450-23.
FORMER PART OF SECTION: 1943 c 82 § 3, part; 1937
c 187 § 26, part; Rem. Supp. 1943 § 6450-26, part, now
codified in RCW 36.75.160.]
36.75.220 Connecting road across segment of third
county. Whenever two counties are separated by an
intervening portion of a third county not exceeding one mile
in width, and each of such counties has constructed or shall
construct a county road to the boundary thereof, and the
boards of the two counties deem it beneficial to such
counties to connect the county roads by the construction and
maintenance of a county road across the intervening portion
of the third county, it shall be lawful for the boards of the
two counties to expend jointly the county road funds of their
respective counties in acquiring right of way for the construction, improvement, repair, and maintenance of such
connecting county road and any necessary bridges thereon,
in the manner provided by law for the expenditure of county
road funds for the construction, improvement, repair, and
maintenance of county roads lying within a county. [1963
c 4 § 36.75.220. Prior: 1937 c 187 § 24; RRS § 6450-24.]
36.75.230 Acquisition of land under RCW 36.75.210
and 36.75.220. For the purpose of carrying into effect RCW
36.75.210 and 36.75.220 and under the circumstances therein
set out the boards may acquire land necessary for the right
of way for any portion of a county road lying outside such
county or counties by gift or purchase or by condemnation
in the manner provided for the taking of property for public
use by counties. [1963 c 4 § 36.75.230. Prior: 1937 c 187
§ 25, part; RRS § 6450-25, part.]
36.75.240 Sidewalks and pedestrian paths or
walks—Bicycle paths, lanes, routes, and roadways—
Standards. The boards may expend funds credited to the
county road fund from any county or road district tax levied
for the construction of county roads for the construction of
sidewalks, bicycle paths, lanes, routes, and roadways, and
pedestrian allocated paths or walks. Bicycle facilities constructed or modified after June 10, 1982, shall meet or
exceed the standards of the state department of transportation. [1982 c 55 § 2; 1974 ex.s. c 141 § 7; 1963 c 4 §
36.75.240. Prior: 1937 c 187 § 25, part; RRS § 6450-25,
part.]
Pavement marking standards: RCW 47.36.280.
36.75.243 Curb ramps for physically handicapped.
See RCW 35.68.075, 35.68.076.
36.75.250 State may intervene if maintenance
neglected. If by any agreement with the federal government
or any agency thereof or with the state or any agency there[Title 36 RCW—page 222]
of, a county has agreed to maintain certain county roads or
any portion thereof and the maintenance is not being
performed to the satisfaction of the federal government or
the department, reasonably consistent with original construction, notice thereof may be given by the department to the
legislative authority of the county, and if the county legislative authority does not within ten days provide for the
maintenance, the department may perform the maintenance,
and the state treasurer shall pay the cost thereof on vouchers
submitted by the department and deduct the cost thereof
from any sums in the motor vehicle fund credited or to be
credited to the county in which the county road is located.
[1984 c 7 § 30; 1963 c 4 § 36.75.250. Prior: 1937 c 187 §
46; RRS § 6450-46.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.255 Street improvements—Provision of
supplies or materials. Any county may assist a street
abutter in improving the street serving the abutter’s premises
by providing asphalt, concrete, or other supplies or materials.
The furnishing of supplies or materials or paying to the
abutter the cost thereof and the providing of inspectors and
other incidental personnel shall not render the street improvements a public work or improvement subject to
competitive bidding. The legislative authority of such
county shall approve any such assistance at a public meeting
and shall maintain a public register of any such assistance
setting forth the value, nature, purpose, date and location of
the assistance and the name of the beneficiary. [1983 c 103
§ 2.]
36.75.260 Annual report to secretary of transportation. Each county legislative authority shall on or before
May 31st of each year submit such records and reports to the
secretary of transportation, on forms furnished by the
department, as are necessary to enable the secretary to
compile an annual report on county highway operations.
[1999 c 204 § 2; 1984 c 7 § 31; 1977 c 75 § 31; 1963 c 4
§ 36.75.260. Prior: 1943 c 82 § 8; 1937 c 187 § 58; Rem.
Supp. 1943 § 6450-58.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.75.270 Limitation of type or weight of vehicles
authorized—Penalty. The board of county commissioners
of each county may by resolution limit or prohibit classes or
types of vehicles on any county road or bridge and may limit
the weight of vehicles which may travel thereon. Any such
resolution shall be effective for a definite period of time
which shall be stated in the resolution. If such resolution is
published at least once in a newspaper of general circulation
in the county and if signs indicating such closure or limitation of traffic have been posted on such road or bridge, any
person violating such resolution shall be guilty of a misdemeanor. [1963 c 4 § 36.75.270. Prior: 1949 c 156 § 8;
Rem. Supp. 1949 § 6450-8g.]
Local restrictions or limitations of weight: RCW 46.44.080.
36.75.280 Centralized repair and storage of machinery, equipment, supplies, etc. All county road machinery,
equipment, stores, and supplies, excepting stockpiles and
other road building material, shall while not in use be stored
(2002 Ed.)
Roads and Bridges—General Provisions
and repaired at one centralized point in each county:
PROVIDED, That if the geography, topography, distance, or
other valid economic considerations require more than one
place for storage or repairs, the county commissioners may,
by unanimous vote, authorize the same. [1963 c 4 §
36.75.280. Prior: 1949 c 156 § 4; Rem. Supp. 1949 §
6450-8d.]
36.75.290 General penalty. It shall be a misdemeanor for any person to violate any of the provisions of this title
relating to county roads and bridges unless such violation is
by this title or other law of this state declared to be a felony
or gross misdemeanor. [1963 c 4 § 36.75.290. Prior: 1943
c 82 § 13, part; 1937 c 187 § 66, part; Rem. Supp. 1943 §
6450-66, part.]
36.75.300 Primitive roads—Classification and
designation. The legislative authority of each county may
by resolution classify and designate portions of the county
roads as primitive roads where the designated road portion:
(1) Is not classified as part of the county primary road
system, as provided for in RCW 36.86.070;
(2) Has a gravel or earth driving surface; and
(3) Has an average annual daily traffic of one hundred
or fewer vehicles.
Any road designated as a primitive road shall be marked
with signs indicating that it is a primitive road, as provided
in the manual of uniform traffic control devices, at all places
where the primitive road portion begins or connects with a
highway other than another primitive road. No design or
signing or maintenance standards or requirements, other than
the requirement that warning signs be placed as provided in
this section, apply to primitive roads.
The design of a primitive road, and the location,
placing, or failing to place road signs, other than the requirement that warning signs be placed as provided in this
section, shall not be considered in any action for damages
brought against a county, or against a county employee or
county employees, or both, arising from vehicular traffic on
the primitive road. [1985 c 369 § 2; 1980 c 45 § 1.]
Chapter 36.76
ROADS AND BRIDGES—BONDS
Sections
36.76.080
36.76.090
36.76.100
36.76.110
36.76.120
36.76.130
36.76.140
Bonds authorized—Election.
How to be held—Issuance of bonds.
Notice of election.
Disposition of proceeds—City assistance.
Payment of principal and interest.
Act cumulative.
Toll bridge bonds authorized—Adjoining counties.
36.76.080 Bonds authorized—Election. The legislative authority of any county may, whenever a majority
thereof so decides, submit to the voters of their county the
question whether the legislative authority shall be authorized
to issue negotiable road bonds of the county in an amount
subject to the limitations on indebtedness provided for in
RCW 39.36.020(2), for the purpose of constructing a new
(2002 Ed.)
36.75.280
road or roads, or improving established roads within the
county, or for aiding in so doing, as herein prescribed.
The word "improvement" wherever used in this section
and RCW 36.76.090, 36.76.100, 36.76.110, 36.76.120, and
36.76.130 shall embrace any undertaking for any or all of
such purposes. The word "road" shall embrace all highways,
roads, streets, avenues, bridges, and other public ways.
The provisions of this section and RCW 36.76.090,
36.76.100, 36.76.110, 36.76.120, and 36.76.130 shall apply
not only to roads which are or shall be under the general
control of the county, but also to all parts of state roads in
such county and to all roads which are situated or are to be
constructed wholly or partly within the limits of any incorporated city or town therein, provided the county legislative
authority finds that they form or will become a part of the
public highway system of the county, and will connect the
existing roads therein. Such finding may be made by the
county legislative authority at any stage of the proceedings
before the actual delivery of the bonds.
The constructing or improving of any and all such
roads, or the aiding therein, is declared to be a county
purpose.
The question of the issuance of bonds for any undertaking which relates to a number of different roads or parts
thereof, whether intended to supply the whole expenditure or
to aid therein, may be submitted to the voters as a single
proposition in all cases where such course is consistent with
the provisions of the state Constitution. If the county
legislative authority, in submitting a proposition relating to
different roads or parts thereof, finds that such proposition
has for its object the furtherance and accomplishment of the
construction of a system of public and county highways in
such county, and constitutes and has for its object a single
purpose, such finding shall be presumed to be correct, and
upon the issuance of the bonds the presumption shall become
conclusive.
No proposition for bonds shall be submitted which
proposes that more than forty percent of the proceeds thereof
shall be expended within any city or town or within any
number of cities and towns. [1983 c 167 § 90; 1971 c 76 §
2; 1970 ex.s. c 42 § 22; 1963 c 4 § 36.76.080. Prior: 1913
c 25 § 1; RRS § 5592.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.76.090 How to be held—Issuance of bonds. The
election shall be held as provided in RCW 39.36.050. If
three-fifths of the legal ballots cast on the question of issuing
bonds for the improvement contemplated in RCW 36.76.080
are in favor of the bond issue, the county legislative authority must issue the general obligation bonds. Such bonds shall
be issued and sold in accordance with chapter 39.46 RCW.
[1984 c 186 § 31; 1983 c 167 § 91; 1970 ex.s. c 56 § 53;
1969 ex.s. c 232 § 29; 1963 c 4 § 36.76.090. Prior: 1913
c 25 § 2; RRS § 5593.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
[Title 36 RCW—page 223]
36.76.100
Title 36 RCW: Counties
36.76.100 Notice of election. The notice of this
election shall state which road or roads are to be built or
improved. The notice need not describe the road or roads
with particularity, but it shall be sufficient either to describe
them by termini and with a general statement as to their
course, or to use any other appropriate language sufficient to
show the purpose intended to be accomplished. The county
legislative authority may, at its option, give such other or
further notice as it may deem advisable. [1984 c 186 § 32;
1963 c 4 § 36.76.100. Prior: 1913 c 25 § 4; RRS § 5595.]
amount arising from the proceeds of the bonds, by assessment upon property benefited, or by contribution from any
of its general or special funds in accordance with the provisions of the charter or laws governing such city or town.
The provisions of this section, other than the direction for
the payment into the county treasury of the money arising
from the sale of the bonds, need not be complied with until
after the issuance of the bonds and the validity of the bonds
shall not be dependent upon such compliance. [1963 c 4 §
36.76.110. Prior: 1913 c 25 § 5; RRS § 5596.]
Purpose—1984 c 186: See note following RCW 39.46.110.
36.76.110 Disposition of proceeds—City assistance.
When the bonds are sold, the money arising therefrom shall
be immediately paid into the treasury of the county, and
shall be drawn only for the improvement for which they
were issued, under the general direction of the board:
PROVIDED, That if the improvement includes in whole or
in part the constructing or improving of one or more roads,
or any part or parts thereof, within the limits of an incorporated city or town, and if the county commissioners find that
the amount of the proceeds of the bonds intended to be
expended for the improvements within such corporate limits
will probably not be sufficient to defray the entire expense
of the improvement therein, and if they further find it to be
equitable that the city or town should bear the remainder of
the expense, they may postpone any expenditure therefor
from the proceeds of the bonds until the city or town makes
provision by ordinance for proceeding with the improvement
within its corporate limits at its own expense insofar as
concerns the cost thereof over and above the amount of bond
proceeds available therefor.
In such case it shall be lawful for the county commissioners to consent, under such general directions as they
shall impose, that the proper authorities of the city or town
shall have actual charge of making the proposed improvement within the corporate limits. The city or town shall
acquire any needed property or rights and do the work by
contract or otherwise in accordance with its charter or
ordinances, but the same shall be subject to the approval of
the county commissioners insofar as concerns any payment
therefor from the proceeds of the bonds.
In such case, as the work progresses and money is
needed to pay therefor, the county commissioners shall, from
time to time, by proper order, specifying the amount and
purpose, direct the county treasurer to turn over to the city
or town treasurer such part or parts of the proceeds of the
bonds as may be justly applicable to such improvement or
part thereof within such city or town, and any money so
received by the city or town treasurer shall be inviolably
applied to the purpose specified. When that portion of the
entire improvement which lies within any such city or town
can readily be separated into parts, the procedure authorized
by this section may be pursued separately as to any one or
more of such parts of the general improvement.
Nothing contained in this section shall be construed to
render the county liable for any greater part of the expense
of any improvement or part thereof within any city or town
than the proper amount of the proceeds of such bonds, or to
prevent the city or town from raising any part of the cost of
any such improvement or part thereof, over and above the
[Title 36 RCW—page 224]
36.76.120 Payment of principal and interest. The
county legislative authority must ascertain and levy annually
a tax sufficient to pay the interest on all such bonds whenever it becomes due and to meet the annual maturities of
principal. The county treasurer must pay out of any money
accumulated from the taxes levied to pay the interest as
aforesaid, the interest upon all such bonds when it becomes
due as provided on the bond or, if coupons are attached to
a bond, upon presentation at the place of payment of the
proper coupon. Any interest payments or coupons so paid
must be reported to the county legislative authority at its first
meeting thereafter. Whenever interest is payable at any
place other than the city in which the county treasurer keeps
his office, the county treasurer shall seasonably remit to the
state fiscal agent the amount of money required for the
payment of any interest which is about to fall due. When
any such bonds or any interest is paid, the county treasurer
shall suitably and indelibly cancel them. [1984 c 186 § 33;
1983 c 167 § 92; 1963 c 4 § 36.76.120. Prior: 1913 c 25
§ 3; RRS § 5594.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.76.130 Act cumulative. *This act shall not be
construed as repealing or affecting any other act relating to
the issuance of bonds for road or other purposes, but shall be
construed as conferring additional power and authority.
[1963 c 4 § 36.76.130. Prior: 1913 c 25 § 7; RRS § 5598.]
*Reviser’s note: "This act" [1913 c 25] consists of RCW 36.76.080,
36.76.090, 36.76.100, 36.76.110, 36.76.120, and 36.76.130.
36.76.140 Toll bridge bonds authorized—Adjoining
counties. The county legislative authority may, by majority
vote, and by submission to the voters under the same procedure required in RCW 36.76.090 and 36.76.100, issue
general obligation bonds for the purpose of contributing
money, or the bonds themselves, to the department to help
finance the construction of toll bridges across topographical
formations constituting boundaries between the county and
an adjoining county, or a toll bridge across topographical
formation located wholly within an adjoining county, which
in the discretion of the county legislative authority, directly
or indirectly benefits the county. The bonds may be
transferred to the department to be sold by it for the purposes outlined herein. The bonds may bear interest at a rate or
rates as authorized by the county legislative authority. Such
indebtedness is subject to the limitations on indebtedness
provided for in RCW 39.36.020(2). [1984 c 7 § 32; 1971 c
(2002 Ed.)
Roads and Bridges—Bonds
76 § 3; 1970 ex.s. c 56 § 54; 1969 ex.s. c 232 § 30; 1963 c
4 § 36.76.140. Prior: 1955 c 194 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Chapter 36.77
ROADS AND BRIDGES—CONSTRUCTION
Sections
36.77.010
36.77.020
36.77.030
36.77.040
36.77.065
36.77.070
36.77.075
Maps, plans, and specifications.
Approval—Call for bids.
Opening of bids—Deposit.
Award of contract—Bond—Low bidder claiming error.
Day labor construction projects or programs—"County road
construction budget" defined—Amounts—Violations.
Publication of information on day labor projects—Penalty—
Prosecution.
County roads—Small works roster.
36.77.010 Maps, plans, and specifications. Whenever it is ordered by resolution of the board that any county
road shall be laid out and established and altered, widened,
or otherwise constructed or improved, the county road engineer employed by the county shall prepare such maps, plans,
and specifications as shall be necessary and sufficient. A
copy of such maps, plans, and specifications shall be
approved by the board of county commissioners with its approval endorsed thereon, and such copy shall be filed with
the clerk of the board. [1963 c 4 § 36.77.010. Prior: 1959
c 67 § 2; prior: 1937 c 187 § 32, part; RRS § 6450-32,
part.]
36.77.020 Approval—Call for bids. Upon approval
of such maps, plans, and specifications and the filing thereof
the board shall, if it determines that the work shall be done
by contract, advertise a call for bids upon such construction
work by publication in the official county paper and also one
trade paper of general circulation in the county, in one issue
of each such paper at least once in each week for two
consecutive weeks prior to the time set in the call for bids
for the opening of bids. All bids shall be submitted under
sealed cover before the time set for the opening of bids.
[1963 c 4 § 36.77.020. Prior: 1959 c 67 § 3; prior: 1937
c 187 § 32, part; RRS § 6450-32, part.]
36.77.030 Opening of bids—Deposit. At the time
and place fixed in the call for bids, such bids as have been
submitted shall be publicly opened and read. No bid may be
considered unless it is accompanied by a bid deposit in the
form of a surety bond, cash, cashier’s check, or certified
check in an amount equal to five percent of the amount of
the bid proposed. [1985 c 369 § 3; 1963 c 4 § 36.77.030.
Prior: 1959 c 67 § 4; prior: 1937 c 187 § 32, part; RRS §
6450-32, part.]
36.77.040 Award of contract—Bond—Low bidder
claiming error. The board shall proceed to award the
contract to the lowest and best bidder but may reject any or
all bids if in its opinion good cause exists therefor. The
board shall require from the successful bidder a contractor’s
(2002 Ed.)
36.76.140
bond in the amount and with the conditions imposed by law.
Should the bidder to whom the contract is awarded fail to
enter into the contract and furnish the contractor’s bond as
required within ten days after notice of the award, exclusive
of the day of notice, the amount of the bid deposit shall be
forfeited to the county and placed in the county road fund
and the contract awarded to the next lowest and best bidder.
A low bidder who claims error and fails to enter into a
contract is prohibited from bidding on the same project if a
second or subsequent call for bids is made for the project.
The bid deposit of all unsuccessful bidders shall be returned
after the contract is awarded and the required contractor’s
bond given by the successful bidder is accepted by the
board. [1996 c 18 § 4; 1963 c 4 § 36.77.040. Prior: 1959
c 67 § 5; prior: 1937 c 187 § 32, part; RRS § 6450-32,
part.]
36.77.065 Day labor construction projects or
programs—"County road construction budget" defined—
Amounts—Violations. The board may cause any county
road to be constructed or improved by day labor as provided
in this section.
(1) As used in this section, "county road construction
budget" means the aggregate total of those costs as defined
by the budgeting, accounting, and reporting system for
counties and cities and other local governments authorized
under RCW 43.09.200 and 43.09.230 as prescribed in the
state auditor’s budget, accounting, and reporting manual’s
(BARS) road and street construction accounts 541.00 through
541.90 in effect April 1, 1975: PROVIDED, That such costs
shall not include those costs assigned to the preliminary
engineering account 541.11, right of way accounts 541.20
through 541.25, ancillary operations account 541.80, and
ferries account 541.81 in the budget, accounting, and
reporting manual.
(2) For counties with a population that equals or
exceeds fifty thousand people, the total amount of day labor
construction programs one county may perform annually
shall total no more than the amounts determined in the
following manner:
(a) Any county with a total annual county road construction budget of four million dollars or more may accumulate a day labor road construction budget equal to no
more than eight hundred thousand dollars or fifteen percent
of the county’s total annual county road construction budget,
whichever is greater.
(b) Any county with a total annual county road construction budget of one million five hundred thousand dollars
or more and less than four million dollars may accumulate
a day labor road construction budget equal to not more than
five hundred twenty-five thousand dollars or twenty percent
of the county’s total annual county road construction budget,
whichever is greater.
(c) Any county with a total annual county road construction budget of five hundred thousand dollars or more
and less than one million five hundred thousand dollars may
accumulate a day labor road construction budget equal to
two hundred fifty thousand dollars or thirty-five percent of
the county’s total annual county road construction budget,
whichever is greater.
[Title 36 RCW—page 225]
36.77.065
Title 36 RCW: Counties
(d) Any county with a total annual county road construction budget less than five hundred thousand dollars may
accumulate a day labor road construction budget equal to
two hundred fifty thousand dollars: PROVIDED, That any
county with a total annual road construction budget of less
than five hundred thousand dollars may, by resolution of the
board at the time the county road construction budget is
adopted, elect to construct or improve county roads by day
labor in an amount not to exceed thirty-five thousand dollars
on any one project, including labor, equipment, and materials; such election to be in lieu of the two hundred fifty
thousand dollar limit provided for in this section, except that
any project means a complete project and the division of any
project into units of work or classes of work so as to permit
construction by day labor is not authorized.
(3) For counties with a population of less than fifty
thousand people, the total amount of day labor construction
programs one county may perform annually may total no
more than the amounts determined in the following manner:
(a) A county with a total annual county road construction budget of four million dollars or more may accumulate
a day labor road construction budget equal to not more than
eight hundred eighty thousand dollars or twenty-five percent
of the county’s total annual county road construction budget,
whichever is greater;
(b) A county with a total annual county road construction budget of one million five hundred thousand dollars or
more and less than four million dollars may accumulate a
day labor road construction budget equal to not more than
five hundred seventy-seven thousand dollars or thirty percent
of the county’s total annual county road construction budget,
whichever is greater;
(c) A county with a total annual county road construction budget of five hundred thousand dollars or more and
less than one million five hundred thousand dollars may
accumulate a day labor road construction budget equal to
two hundred seventy-five thousand dollars or forty-five
percent of the county’s total annual county road construction
budget, whichever is greater;
(d) A county with a total annual county road construction budget less than five hundred thousand dollars may
accumulate a day labor road construction budget equal to
two hundred seventy-five thousand dollars. However, such
a county may, by resolution of the board at the time the
county road construction budget is adopted, elect instead to
construct or improve county roads by day labor in an amount
not to exceed thirty-eight thousand five hundred dollars on
any one project, including labor, equipment, and materials.
That election is in lieu of the two hundred seventy-five
thousand dollar limit provided for in this section. As used
in this section, "any project" means a complete project, and
a county may not divide a project into units of work or
classes of work so as to permit construction by day labor.
(4) Any county that adopts a county road construction
budget unreasonably exceeding that county’s actual road
construction expenditures for the same budget year which
has the effect of permitting the county to exceed the day
labor amounts established in this section is in violation of
the county road administration board’s standards of good
practice under RCW 36.78.020 and is in violation of this
section. Any county, whose expenditure for day labor for
road construction projects unreasonably exceeds the limits
[Title 36 RCW—page 226]
specified in this section, is in violation of the county road
administration board’s standards of good practice under
RCW 36.78.020 and is in violation of this section.
(5) Notwithstanding any other provision in this section,
whenever the construction work or improvement is the
installation of electrical traffic control devices, highway
illumination equipment, electrical equipment, wires, or
equipment to convey electrical current, in an amount
exceeding ten thousand dollars for any one project including
labor, equipment, and materials, such work shall be performed by contract as in this chapter provided. This section
means a complete project and does not permit the construction of any project by day labor by division of the project
into units of work or classes of work. [2001 c 108 § 1;
1980 c 40 § 1.]
Effective date—1980 c 40: "This act shall take effect on January 1,
1981." [1980 c 40 § 3.]
36.77.070 Publication of information on day labor
projects—Penalty—Prosecution. If the board determines
that any construction should be performed by day labor, and
the estimated cost of the work exceeds twenty-five hundred
dollars, it shall cause to be published in one issue of a
newspaper of general circulation in the county, a brief
description of the work to be done and the county road
engineer’s estimate of the cost thereof. At the completion of
such construction, the board shall cause to be published in
one issue of such a newspaper a similar brief description of
the work together with an accurate statement of the true and
complete cost of performing such construction by day labor.
Failure to make the required publication shall subject
each county commissioner to a fine of one hundred dollars
for which he shall be liable individually and upon his official
bond and the prosecuting attorney shall prosecute for
violation of the provisions of this section and RCW
36.77.065. [1983 c 3 § 81; 1963 c 4 § 36.77.070. Prior:
1949 c 156 § 9, part; 1943 c 82 § 4, part; 1937 c 187 § 34,
part; Rem. Supp. 1949 § 6450-34, part.]
36.77.075 County roads—Small works roster. In
lieu of the procedure for awarding contracts that is provided
in RCW 36.77.020 through 36.77.040, a county may award
contracts for public works projects on county roads using the
small works roster process under RCW 39.04.155. [2000 c
138 § 208; 1991 c 363 § 81.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Chapter 36.78
ROADS AND BRIDGES—COUNTY ROAD
ADMINISTRATION BOARD
Sections
36.78.010
36.78.020
36.78.030
36.78.040
36.78.050
36.78.060
Definitions—"Board."
Definitions—"Standards of good practice."
Board created—Number—Appointment—Terms—
Vacancies.
Composition of board—Qualifications of members.
Meetings—Rules and regulations—Election of chair.
Executive director.
(2002 Ed.)
Roads and Bridges—County Road Administration Board
36.78.070
36.78.080
36.78.090
36.78.100
36.78.110
Duties of board.
Members to serve without compensation—Reimbursement
for travel expenses.
Certificates of good practice—Withholding of motor vehicle
tax distribution.
Conditional certificates.
Expenses to be paid from motor vehicle fund—
Disbursement procedure.
Maintenance.
36.78.120
Board duties
generally: RCW 46.68.120.
motor vehicle fund, distribution of amount to counties—Factors of
distribution formula for RCW 46.68.120(4) funds: RCW 46.68.122.
population, road cost, money need, computed—Allocation percentage
adjustment, when: RCW 46.68.124.
36.78.010 Definitions—"Board." "Board" shall mean
the county road administration board created by this chapter.
[1965 ex.s. c 120 § 1.]
36.78.020 Definitions—"Standards of good practice." "Standards of good practice" shall mean general and
uniform practices formulated and adopted by the board
relating to the administration of county roads and the safe
and efficient movement of people and goods over county
roads, which shall apply to engineering, design procedures,
maintenance, traffic control, safety, planning, programming,
road classification, road inventories, budgeting and accounting procedures, management practices, equipment policies,
personnel policies, and effective use of transportation-related
information technology. [1993 c 65 § 1; 1991 c 363 § 82;
1965 ex.s. c 120 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.78.030 Board created—Number—Appointment—
Terms—Vacancies. There is created hereby a county road
administration board consisting of nine members who shall
be appointed by the executive committee of the Washington
state association of counties. Prior to July 1, 1965 the
executive committee of the Washington state association of
counties shall appoint the first members of the county road
administration board: Three members to serve one year;
three members to serve two years; and three members to
serve three years from July 1, 1965. Upon expiration of the
original terms subsequent appointments shall be made by the
same appointing authority for three year terms except in the
case of a vacancy, in which event the appointment shall be
only for the remainder of the unexpired term in which the
vacancy has occurred. [1971 ex.s. c 85 § 5; 1965 ex.s. c
120 § 3.]
36.78.040 Composition of board—Qualifications of
members. Six members of the county road administration
board shall be county legislative authority members and
three members shall be county engineers. If any member,
during the term for which he or she is appointed ceases to be
either a member of a county legislative authority or a county
engineer, as the case may be, his or her membership on the
county road administration board is likewise terminated.
Three members of the board shall be from counties with a
population of one hundred twenty-five thousand or more.
Four members shall be from counties with a population of
(2002 Ed.)
Chapter 36.78
from twelve thousand to less than one hundred twenty-five
thousand. Two members shall be from counties with a
population of less than twelve thousand. Not more than one
member of the board shall be from any one county. [1991
c 363 § 83; 1965 ex.s. c 120 § 4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.78.050 Meetings—Rules and regulations—
Election of chair. The board shall meet at least once
quarterly and shall from time to time adopt rules and
regulations for its own government and as may be necessary
for it to discharge its duties and exercise its powers under
this chapter. The board shall elect a chair from its own
membership who shall hold office for one year. Election as
chair does not affect the member’s right to vote on all
matters before the board. [1993 c 65 § 2; 1965 ex.s. c 120
§ 5.]
36.78.060 Executive director. The county road
administration board shall appoint an executive director who
shall be the chief administrative officer of the board and
shall be responsible for carrying out the policies adopted by
the board. The executive director is exempt from the
provisions of state civil service law, chapter 41.06 RCW,
and shall serve at the pleasure of the county road administration board. The executive director’s salary shall be set
by the board. [1990 c 266 § 1; 1965 ex.s. c 120 § 6.]
36.78.070 Duties of board. The county road administration board shall:
(1) Establish by rule, standards of good practice for the
administration of county roads and the efficient movement
of people and goods over county roads;
(2) Establish reporting requirements for counties with
respect to the standards of good practice adopted by the
board;
(3) Receive and review reports from counties and
reports from its executive director to determine compliance
with legislative directives and the standards of good practice
adopted by the board;
(4) Advise counties on issues relating to county roads
and the safe and efficient movement of people and goods
over county roads and assist counties in developing uniform
and efficient transportation-related information technology
resources;
(5) Report annually before the fifteenth day of January,
and throughout the year as appropriate, to the state department of transportation and to the chairs of the legislative
transportation committee and the house and senate transportation committees, and to other entities as appropriate on
the status of county road administration in each county,
including one copy to the staff of each of the committees.
The annual report shall contain recommendations for
improving administration of the county road programs;
(6) Administer the rural arterial program established by
chapter 36.79 RCW and the program funded by the county
arterial preservation account established by RCW 46.68.090,
as well as any other programs provided for in law. [1999 c
269 § 1; 1993 c 65 § 3; 1990 c 266 § 2; 1987 c 505 § 19;
[Title 36 RCW—page 227]
36.78.070
Title 36 RCW: Counties
1983 1st ex.s. c 49 § 19; 1977 ex.s. c 235 § 4; 1965 ex.s. c
120 § 7.]
Effective date—1999 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 269 § 18.]
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
county, but shall be retained in the motor vehicle fund to the
credit of the county originally entitled thereto. Whenever the
state treasurer receives from the board a certificate of good
practice issued on behalf of such county he shall distribute
to such county all of the funds theretofore retained in the
motor vehicle fund to the credit of such county. [1984 c 7
§ 33; 1977 ex.s. c 257 § 1; 1965 ex.s. c 120 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.78.080 Members to serve without compensation—Reimbursement for travel expenses. Members of
the county road administration board shall receive no
compensation for their service on the board, but shall be
reimbursed for travel expenses incurred while attending
meetings of the board or while engaged on other business of
the board when authorized by the board in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended. [1975-’76 2nd ex.s. c 34 § 80; 1975 1st ex.s. c 1
§ 1; 1969 ex.s. c 182 § 5; 1965 ex.s. c 120 § 8.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
36.78.090 Certificates of good practice—
Withholding of motor vehicle tax distribution. (1) Before
May 1st of each year the board shall transmit to the state
treasurer certificates of good practice on behalf of the
counties which during the preceding calendar year:
(a) Have submitted to the state department of transportation or to the board all reports required by law or regulation
of the board; and
(b) Have reasonably complied with provisions of law
relating to county road administration and with the standards
of good practice as formulated and adopted by the board.
(2) The board shall not transmit to the state treasurer a
certificate of good practice on behalf of any county failing
to meet the requirements of subsection (1) of this section,
but the board shall in such case and before May 1st, notify
the county and the state treasurer of its reasons for withholding the certificate.
(3) The state treasurer, upon receiving a notice that a
certificate of good practice will not be issued on behalf of a
county, or that a previously issued certificate of good
practice has been revoked, shall, effective the first day of the
month after that in which notice is received, withhold from
such county its share of motor vehicle fuel taxes distributable pursuant to RCW 46.68.120 until the board thereafter
issues on behalf of such county a certificate of good practice
or a conditional certificate. After withholding or revoking a
certificate of good practice with respect to any county, the
board may thereafter at any time issue such a certificate or
a conditional certificate when the board is satisfied that the
county has complied or is diligently attempting to comply
with the requirements of subsection (1) of this section.
(4) The board may, upon notice and a hearing, revoke
a previously issued certificate of good practice or substitute
a conditional certificate therefor when, after issuance of a
certificate of good practice, any county fails to meet the requirements of subsection (1) (a) and (b) of this section, but
the board shall in such case notify the county and the state
treasurer of its reasons for the revocation or substitution.
(5) Motor vehicle fuel taxes withheld from any county
pursuant to this section shall not be distributed to any other
[Title 36 RCW—page 228]
36.78.100 Conditional certificates. Whenever the
board finds that a county has failed to submit the reports
required by RCW 36.78.090, or has failed to comply with
provisions of law relating to county road administration or
has failed to meet the standards of good practice as formulated and adopted by the board, the board may in lieu of
withholding or revoking a certificate of good practice issue
and transmit to the state treasurer on behalf of such county
a conditional certificate which will authorize the continued
distribution to such county all or a designated portion of its
share of motor vehicle fuel taxes. The issuance of such a
conditional certificate shall be upon terms and conditions as
shall be deemed by the board to be appropriate. In the event
a county on whose behalf a conditional certificate is issued
fails to comply with the terms and conditions of such
certificate, the board may forthwith cancel or modify such
certificate notifying the state treasurer thereof. In such case
the state treasurer shall thereafter withhold from such county
all or the designated portion of its share of the motor vehicle
fuel taxes as provided in RCW 36.78.090. [1977 ex.s. c 257
§ 2; 1965 ex.s. c 120 § 10.]
36.78.110 Expenses to be paid from motor vehicle
fund—Disbursement procedure. All expenses incurred by
the board including salaries of employees shall be paid upon
voucher forms provided by the office of financial management or pursuant to a regular payroll signed by the chairman
and the executive director of the board. All expenses of the
board shall be paid out of that portion of the motor vehicle
fund allocated to the counties and withheld for use by the
department of transportation and the county road administration board under the provisions of RCW 46.68.120(1), as
now or hereafter amended. [1990 c 266 § 3; 1979 c 151 §
42; 1965 ex.s. c 120 § 11.]
36.78.120 Maintenance. (Effective if Referendum
Bill No. 51 is approved at the November 2002 general
election.) The board shall establish a standard of good practice for maintenance of transportation system assets. This
standard must be implemented by all counties no later than
December 31, 2007. The board shall develop a model
maintenance management system for use by counties. The
board shall develop rules to assist the counties in the
implementation of this system. Counties shall annually
submit their maintenance plans to the board. The board
shall compile the county data regarding maintenance management and annually submit it to the transportation commission or its successor entity. [2002 c 5 § 416.]
Contingency—2002 c 5 §§ 409-412, 415, and 416: See note
following RCW 35.84.060.
Finding—Intent—2002 c 5: See note following RCW 35.84.060.
(2002 Ed.)
Roads and Bridges—County Road Administration Board
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Chapter 36.79
ROADS AND BRIDGES—RURAL
ARTERIAL PROGRAM
Sections
36.79.010
36.79.020
36.79.030
36.79.040
36.79.050
36.79.060
36.79.070
36.79.080
36.79.090
36.79.100
36.79.110
36.79.120
36.79.130
36.79.140
36.79.150
36.79.160
36.79.170
36.79.900
36.79.901
Definitions.
Rural arterial trust account.
Apportionment of rural arterial trust account funds—Regions
established.
Apportionment of rural arterial trust account funds—
Apportionment formula.
Apportionment of rural arterial trust account funds—
Establishment of apportionment percentages.
Powers and duties of board.
Board may contract with department of transportation for
staff services and facilities.
Six-year program for rural arterial improvements—Selection
of priority improvement projects.
Six-year program for rural arterial improvements—Review
and revision by board.
Rural arterial improvements—Coordination with municipal
and state projects.
Coordination of transportation improvement board and county road administration board.
Rural arterial trust account—Matching funds.
Recommended budget for expenditures from rural arterial
trust account—Inclusion in transportation budget.
Expenditures from rural arterial trust account—Approval by
board.
Allocation of funds to rural arterial projects—Subsequent
application for increased allocation—Withholding of
funds for noncompliance.
Payment of rural arterial trust account funds.
County may appeal decision of board—Hearing.
Severability—1983 1st ex.s. c 49.
Effective date—1983 1st ex.s. c 49.
36.79.010 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Rural arterial program" means improvement
projects on those county roads in rural areas classified as
rural arterials and collectors in accordance with the federal
functional classification system and the construction of
replacement bridges funded by the federal bridge replacement program on access roads in rural areas.
(2) "Rural area" means every area of the state outside of
areas designated as urban areas by the state transportation
commission with the approval of the secretary of the United
States department of transportation in accordance with
federal law.
(3) "Board" means the county road administration board
created by RCW 36.78.030. [1997 c 81 § 1; 1988 c 26 § 1;
1983 1st ex.s. c 49 § 1.]
36.79.020 Rural arterial trust account. There is
created in the motor vehicle fund the rural arterial trust
account. All moneys deposited in the motor vehicle fund to
be credited to the rural arterial trust account shall be expended for (1) the construction and improvement of county rural
arterials and collectors, (2) the construction of replacement
bridges funded by the federal bridge replacement program on
access roads in rural areas, and (3) those expenses of the
(2002 Ed.)
36.78.120
board associated with the administration of the rural arterial
program. [1997 c 81 § 2; 1988 c 26 § 2; 1983 1st ex.s. c 49
§ 2.]
36.79.030 Apportionment of rural arterial trust
account funds—Regions established. For the purpose of
apportioning rural arterial trust account funds, the state is
divided into five regions as follows:
(1) The Puget Sound region includes those areas within
the counties of King, Pierce, and Snohomish.
(2) The northwest region includes those areas within the
counties of Clallam, Jefferson, Island, Kitsap, San Juan,
Skagit, and Whatcom.
(3) The northeast region includes those areas within the
counties of Adams, Chelan, Douglas, Ferry, Grant, Lincoln,
Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.
(4) The southeast region includes those areas within the
counties of Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Klickitat, Walla Walla, and Yakima.
(5) The southwest region includes those areas within the
counties of Clark, Cowlitz, Grays Harbor, Lewis, Mason,
Pacific, Skamania, Thurston, and Wahkiakum. [1983 1st
ex.s. c 49 § 3.]
36.79.040 Apportionment of rural arterial trust
account funds—Apportionment formula. Funds available
for expenditure by the board pursuant to RCW 36.79.020
shall be apportioned to the five regions for expenditure upon
county arterials in rural areas in the following manner:
(1) One-third in the ratio which the land area of the
rural areas of each region bears to the total land area of all
rural areas of the state;
(2) Two-thirds in the ratio which the mileage of county
arterials and collectors in rural areas of each region bears to
the total mileage of county arterials and collectors in all rural
areas of the state.
The board shall adjust the schedule for apportionment
of such funds to the five regions in the manner provided in
this section before the commencement of each fiscal biennium. [1997 c 81 § 3; 1983 1st ex.s. c 49 § 4.]
36.79.050 Apportionment of rural arterial trust
account funds—Establishment of apportionment percentages. At the beginning of each fiscal biennium, the board
shall establish apportionment percentages for the five regions
defined in RCW 36.79.030 in the manner prescribed in RCW
36.79.040 for that biennium. The apportionment percentages
shall be used once each calendar quarter by the board to
apportion funds credited to the rural arterial trust account
that are available for expenditure for rural arterial and
collector projects and for construction of replacement bridges
funded by the federal bridge replacement program on access
roads in rural areas. The funds so apportioned shall remain
apportioned until expended on construction projects in accordance with rules of the board. Within each region, funds
shall be allocated by the board to counties for the construction of specific rural arterial and collector projects and
construction of replacement bridges funded by the federal
bridge replacement program on access roads in rural areas in
accordance with the procedures set forth in this chapter.
[1997 c 81 § 4; 1988 c 26 § 3; 1983 1st ex.s. c 49 § 5.]
[Title 36 RCW—page 229]
36.79.060
Title 36 RCW: Counties
36.79.060 Powers and duties of board. The board
shall:
(1) Adopt rules necessary to implement the provisions
of this chapter relating to the allocation of funds in the rural
arterial trust account to counties;
(2) Adopt reasonably uniform design standards for
county rural arterials and collectors that meet the requirements for trucks transporting commodities. [1998 c 245 §
31; 1997 c 81 § 5; 1988 c 26 § 4; 1983 1st ex.s. c 49 § 6.]
36.79.070 Board may contract with department of
transportation for staff services and facilities. The board
may contract with the department of transportation to furnish
any necessary staff services and facilities required in the
administration of the rural arterial program. The cost of
such services that are attributable to the rural arterial
program, together with travel expenses in accordance with
RCW 43.03.050 and 43.03.060 of the members and all other
lawful expenses of the board that are attributable to the rural
arterial program, shall be paid from the rural arterial trust
account in the motor vehicle fund. [1983 1st ex.s. c 49 § 7.]
36.79.080 Six-year program for rural arterial
improvements—Selection of priority improvement
projects. In preparing their respective six-year programs
relating to rural arterial improvements, counties shall select
specific priority improvement projects for each functional
class of arterial based on the rating of each arterial section
proposed to be improved in relation to other arterial sections
within the same functional class, taking into account the
following:
(1) Its structural ability to carry loads imposed upon it;
(2) Its capacity to move traffic at reasonable speeds;
(3) Its adequacy of alignment and related geometrics;
(4) Its accident experience; and
(5) Its fatal accident experience.
The six-year construction programs shall remain flexible
and subject to annual revision as provided in RCW
36.81.121. [1983 1st ex.s. c 49 § 8.]
36.79.090 Six-year program for rural arterial
improvements—Review and revision by board. Upon
receipt of a county’s revised six-year program, the board as
soon as practicable shall review and may revise the construction program as it relates to rural arterials and the construction of replacement bridges funded by the federal bridge
replacement program on access roads in rural areas for
which rural arterial trust account moneys are requested as
necessary to conform to (1) the priority rating of the proposed project, based upon the factors in RCW 36.79.080, in
relation to proposed projects in all other rural arterial
construction programs submitted by the counties and within
each region; and (2) the amount of rural arterial trust account
funds that the board estimates will be apportioned to the
region. [1988 c 26 § 5; 1983 1st ex.s. c 49 § 10.]
36.79.100 Rural arterial improvements—
Coordination with municipal and state projects. Whenever a rural arterial enters a city or town, the proper city or
town and county officials shall jointly plan the improvement
of the arterial in their respective long-range plans. Whenev[Title 36 RCW—page 230]
er a rural arterial connects with and will be substantially
affected by a programmed construction project on a state
highway, the proper county officials shall jointly plan the
development of such arterial with the department of transportation district administrator. The board shall adopt rules
encouraging the system development of county-city arterials
in rural areas and rural arterials with state highways. [1983
1st ex.s. c 49 § 9.]
36.79.110 Coordination of transportation improvement board and county road administration board. The
county road administration board and the transportation
improvement board shall jointly adopt rules to assure
coordination of their respective programs especially with
respect to projects proposed by the group of incorporated
cities outside the boundaries of federally approved urban
areas, and to encourage the system development of countycity arterials in rural areas. [1988 c 167 § 7; 1983 1st ex.s.
c 49 § 11.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
36.79.120 Rural arterial trust account—Matching
funds. Counties receiving funds from the rural arterial trust
account for construction of arterials and the construction of
replacement bridges funded by the federal bridge replacement program on access roads in rural areas shall provide
such matching funds as established by rules recommended
by the board, subject to review, revision, and final approval
by the state transportation commission. Matching requirements shall be established after appropriate studies by the
board, taking into account financial resources available to
counties to meet arterial needs. [1988 c 26 § 6; 1983 1st
ex.s. c 49 § 12.]
36.79.130 Recommended budget for expenditures
from rural arterial trust account—Inclusion in
transportation budget. Not later than November 1st of
each even-numbered year the board shall prepare and present
to the state transportation commission a recommended
budget for expenditures from the rural arterial trust account
during the ensuing biennium. The budget shall contain an
estimate of the revenues to be credited to the rural arterial
trust account.
The state transportation commission shall review the
budget as recommended, revise the budget as it deems
proper, and include the budget as revised as a separate
section of the transportation budget which it shall submit to
the governor pursuant to chapter 43.88 RCW. [1983 1st
ex.s. c 49 § 13.]
36.79.140 Expenditures from rural arterial trust
account—Approval by board. At the time the board
reviews the six-year program of each county each evennumbered year, it shall consider and shall approve for
inclusion in its recommended budget, as required by RCW
36.79.130, the portion of the rural arterial construction
program scheduled to be performed during the biennial
period beginning the following July 1st. Subject to the
appropriations actually approved by the legislature, the board
shall as soon as feasible approve rural arterial trust account
(2002 Ed.)
Roads and Bridges—Rural Arterial Program
funds to be spent during the ensuing biennium for preliminary proposals in priority sequence as established pursuant
to RCW 36.79.090. Only those counties that during the
preceding twelve months have spent all revenues collected
for road purposes only for such purposes, including removal
of barriers to fish passage and accompanying streambed and
stream bank repair as specified in RCW 36.82.070, and
including traffic law enforcement, as are allowed to the state
by Article II, section 40 of the state Constitution are eligible
to receive funds from the rural arterial trust account, except
that: (1) Counties with a population of less than eight thousand are exempt from this eligibility restriction; (2) counties
expending revenues collected for road purposes only on
other governmental services after authorization from the
voters of that county under RCW 84.55.050 are also exempt
from this eligibility restriction; and (3) this restriction shall
not apply to any moneys diverted from the road district levy
under chapter 39.89 RCW. The board shall authorize rural
arterial trust account funds for the construction project portion of a project previously authorized for a preliminary
proposal in the sequence in which the preliminary proposal
has been completed and the construction project is to be
placed under contract. At such time the board may reserve
rural arterial trust account funds for expenditure in future
years as may be necessary for completion of preliminary
proposals and construction projects to be commenced in the
ensuing biennium.
The board may, within the constraints of available rural
arterial trust funds, consider additional projects for authorization upon a clear and conclusive showing by the submitting
county that the proposed project is of an emergent nature
and that its need was unable to be anticipated at the time the
six-year program of the county was developed. The proposed projects shall be evaluated on the basis of the priority
rating factors specified in RCW 36.79.080. [2001 c 221 §
2; 2001 c 212 § 26; 1997 c 81 § 6; 1991 c 363 § 84; 1990
c 42 § 104; 1984 c 113 § 1; 1983 1st ex.s. c 49 § 14.]
Reviser’s note: This section was amended by 2001 c 212 § 26 and
by 2001 c 221 § 2, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—Intent—2001 c 221: "The legislature recognizes that
projects that remove impediments to fish passage can greatly increase access
to spawning and rearing habitat for depressed, threatened, and endangered
fish stocks. Although counties are authorized to use county road funds to
replace culverts and other barriers to fish passage, and may conduct
streambed and stream bank restoration and stabilization work in conjunction
with removal of these fish barriers, counties are reluctant to spend county
road funds beyond the county right-of-way because it is unclear whether the
use of road funds for this purpose is authorized. The purpose of this act is
to clarify that streambed and stream bank restoration and stabilization
activities conducted in conjunction with removal of existing barriers to fish
passage within county rights-of-way constitute a county road purpose even
if this work extends beyond the county right-of-way. The legislature
intends this act to be permissive legislation. Nothing in this act is intended
to create or impose a legal duty upon counties for salmon recovery work
beyond the county right-of-way." [2001 c 221 § 1.]
Severability—2001 c 212: See RCW 39.89.902.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
36.79.150 Allocation of funds to rural arterial
projects—Subsequent application for increased alloca(2002 Ed.)
36.79.140
tion—Withholding of funds for noncompliance. (1)
Whenever the board approves a rural arterial project it shall
determine the amount of rural arterial trust account funds to
be allocated for such project. The allocation shall be based
upon information contained in the six-year plan submitted by
the county seeking approval of the project and upon such
further investigation as the board deems necessary. The
board shall adopt reasonable rules pursuant to which rural
arterial trust account funds allocated to a project may be increased upon a subsequent application of the county constructing the project. The rules adopted by the board shall
take into account, but shall not be limited to, the following
factors: (a) The financial effect of increasing the original
allocation for the project upon other rural arterial projects either approved or requested; (b) whether the project for which
an additional allocation is requested can be reduced in scope
while retaining a usable segment; (c) whether the original
cost of the project shown in the applicant’s six-year program
was based upon reasonable engineering estimates; and (d)
whether the requested additional allocation is to pay for an
expansion in the scope of work originally approved.
(2) The board shall not allocate funds, nor make
payments under RCW 36.79.160, to any county or city
identified by the governor under RCW 36.70A.340. [1991
sp.s. c 32 § 31; 1983 1st ex.s. c 49 § 15.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
36.79.160 Payment of rural arterial trust account
funds. (1) Upon completion of a preliminary proposal, the
county submitting the proposal shall submit to the board its
voucher for payment of the trust account share of the cost.
Upon the completion of an approved rural arterial construction project, the county constructing the project shall submit
to the board its voucher for the payment of the trust account
share of the cost. The chairman of the board or his designated agent shall approve such voucher when proper to do
so, for payment from the rural arterial trust account to the
county submitting the voucher.
(2) The board may adopt rules providing for the
approval of payments of funds in the rural arterial trust
account to a county for costs of preliminary proposal, and
costs of construction of an approved project from time to
time as work progresses. These payments shall at no time
exceed the rural arterial trust account share of the costs of
construction incurred to the date of the voucher covering the
payment. [1983 1st ex.s. c 49 § 17.]
36.79.170 County may appeal decision of board—
Hearing. The legislative body of any county feeling
aggrieved by any action or decision of the board with respect
to this chapter may appeal to the secretary of transportation
by filing a notice of appeal within ninety days after the
action or decision of the board. The notice shall specify the
action or decision of which complaint is made. The secretary shall fix a time for a hearing on the appeal at the
earliest convenient time and shall notify the county auditor
and the chairman of the board by certified mail at least
twenty days before the date of the hearing. At the hearing
the secretary shall receive evidence from the county filing
the appeal and from the board. After the hearing the
[Title 36 RCW—page 231]
36.79.170
Title 36 RCW: Counties
secretary shall make such order as in the secretary’s judgment is just and proper. [1983 1st ex.s. c 49 § 18.]
36.79.900 Severability—1983 1st ex.s. c 49. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 49 § 32.]
36.79.901 Effective date—1983 1st ex.s. c 49. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect on
July 1, 1983. [1983 1st ex.s. c 49 § 33.]
Chapter 36.80
ROADS AND BRIDGES—ENGINEER
Sections
36.80.010
36.80.015
36.80.020
36.80.030
36.80.040
36.80.050
36.80.060
Employment of road engineer.
Office at county seat.
Qualifications—Bond.
Duties of engineer.
Records to be kept.
Highway plat book.
Engineer to maintain records of expenditures for equipment,
etc.—Inventory.
36.80.070 Plans and specifications to be prepared.
36.80.080 Cost-audit examination by state auditor—Expense.
County engineer defined for diking, drainage, or sewerage improvement
district purposes: RCW 85.08.010.
Diking or drainage improvement district, engineer as supervisor: RCW
85.20.050.
Duties relating to
agreements on planning, establishing, constructing, etc., of city streets:
RCW 35.77.020, 35.77.030.
diking, drainage and sewerage improvement districts: Chapters 85.08,
85.16 RCW.
flood control zone districts: Chapter 86.15 RCW.
36.80.010 Employment of road engineer. The
county legislative authority of each county shall employ a
county road engineer on either a full-time or part-time basis,
or may contract with another county for the engineering
services of a county road engineer from such other county.
[2002 c 9 § 1; 1997 c 147 § 1; 1991 c 363 § 85; 1984 c 11
§ 1; 1980 c 93 § 1; 1969 ex.s. c 182 § 6; 1963 c 4 §
36.80.010. Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part;
Rem. Supp. 1943 § 6450-4, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.80.015 Office at county seat. The county road
engineer shall keep his office at the county seat in such
room or rooms as are provided by the county, and he shall
be furnished with all necessary cases and other suitable articles, and also with all blank books and blanks necessary to
the proper discharge of his official duties. The records and
books in the county road engineer’s office shall be public
records, and shall at all proper times be open to the inspection and examination of the public. [1963 c 4 § 36.80.015.
Prior: 1955 c 9 § 1; prior: 1895 c 77 § 10; RRS § 4148.]
[Title 36 RCW—page 232]
36.80.020 Qualifications—Bond. He shall be a
registered and licensed professional civil engineer under the
laws of this state, duly qualified and experienced in highway
and road engineering and construction. He shall serve at the
pleasure of the board.
Before entering upon his employment, every county
road engineer shall give an official bond to the county in
such amount as the board shall determine, conditioned upon
the fact that he will faithfully perform all the duties of his
employment and account for all property of the county
entrusted to his care. [1969 ex.s. c 182 § 7; 1963 c 4 §
36.80.020. Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part;
Rem. Supp. 1943 § 6450-4, part.]
36.80.030 Duties of engineer. The county road
engineer shall examine and certify to the board all estimates
and all bills for labor, materials, provisions, and supplies
with respect to county roads, prepare standards of construction of roads and bridges, and perform such other duties
as may be required by order of the board.
He shall have supervision, under the direction of the
board, of establishing, laying out, constructing, altering,
improving, repairing, [and] maintaining all county roads of
the county. [1969 ex.s. c 182 § 8; 1963 c 4 § 36.80.030.
Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp.
1943 § 6450-4, part.]
36.80.040 Records to be kept. The office of county
engineer shall be an office of record; the county road
engineer shall record and file in his or her office, all matters
concerning the public roads, highways, bridges, ditches, or
other surveys of the county, with the original papers,
documents, petitions, surveys, repairs, and other papers, in
order to have the complete history of any such road, highway, bridge, ditch, or other survey; and shall number each
construction or improvement project. The county engineer
is not required to retain and file financial documents retained
and filed in other departments in the county. [1995 c 194 §
8; 1969 ex.s. c 182 § 9; 1963 c 4 § 36.80.040. Prior: 1907
c 160 § 4; RRS § 4147.]
36.80.050 Highway plat book. He shall keep a
highway plat book in his office in which he shall have
accurately platted all public roads and highways established
by the board. [1963 c 4 § 36.80.050. Prior: 1907 c 160 §
2; RRS § 4149.]
36.80.060 Engineer to maintain records of expenditures for equipment, etc.—Inventory. The county road
engineer shall maintain in his office complete and accurate
records of all expenditures for (1) administration, (2) bond
and warrant retirement, (3) maintenance, (4) construction, (5)
purchase and operation of road equipment, and (6) purchase
or manufacture of materials and supplies, and shall maintain
a true and complete inventory of all road equipment. The
state auditor, with the advice and assistance of the county
road administration board, shall prescribe forms and types of
records to be maintained by the county road engineers.
[1969 ex.s. c 182 § 10; 1963 c 4 § 36.80.060. Prior: 1949
c 156 § 2; Rem. Supp. 1949 § 6450-8b.]
(2002 Ed.)
Roads and Bridges—Engineer
36.80.070 Plans and specifications to be prepared.
All road construction work, except minor construction work,
which by its nature does not require plans and specifications,
whether performed pursuant to contract or by day labor,
shall be in accordance with plans and specifications prepared
therefor by or under direct supervision of the county road
engineer. [1969 ex.s. c 182 § 11; 1963 c 4 § 36.80.070.
Prior: 1949 c 156 § 3; Rem. Supp. 1949 § 6450-8c.]
36.80.080 Cost-audit examination by state auditor—
Expense. The state auditor shall annually make a cost-audit
examination of the books and records of the county road
engineer and make a written report thereon to the county
legislative authority. The expense of the examination shall
be paid from the county road fund. [1995 c 301 § 69; 1985
c 120 § 3; 1984 c 7 § 34; 1963 c 4 § 36.80.080. Prior:
1957 c 146 § 1.]
Effective date—1985 c 120 § 3: "Section 3 of this act shall take
effect July 1, 1987." [1985 c 120 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 36.81
ROADS AND BRIDGES—ESTABLISHMENT
Sections
36.81.010
36.81.020
36.81.030
36.81.040
36.81.050
36.81.060
36.81.070
36.81.080
36.81.090
36.81.100
36.81.110
Resolution of intention and necessity.
Freeholders’ petition—Bond.
Deeds and waivers.
Action on petition.
Engineer’s report.
Survey map, field notes and profiles.
Notice of hearing on report.
Hearing—Road established by resolution.
Expense of proceedings.
County road on or over dikes.
County road on or over dikes—Condemnation for dike
roads.
36.81.121 Perpetual advanced six-year plans for coordinated transportation program, expenditures—Nonmotorized transportation—Railroad right-of-way.
36.81.122 Provisions for bicycle paths, lanes, routes, roadways and
improvements to be included in annual revision or extension of comprehensive road programs—Exception.
36.81.130 Procedure specified for establishment, construction, and
maintenance.
36.81.140 Columbia Basin project road systems—Establishment by
plat.
Alternate date for budget hearing: RCW 36.40.071.
Bicycles; pavement marking standards: RCW 47.36.280.
State highways in urban areas, allocation of funds, planning, bond issue,
etc.: Chapter 47.26 RCW.
Urban arterials, planning, construction by cities and towns, transportation
improvement board, funds, bond issue, etc.: Chapter 47.26 RCW.
36.81.010 Resolution of intention and necessity.
The board may by original resolution entered upon its
minutes declare its intention to establish any county road in
the county and declare that it is a public necessity and direct
the county road engineer to report upon such project. [1963
c 4 § 36.81.010. Prior: 1937 c 187 § 19; RRS § 6450-19.]
36.81.020 Freeholders’ petition—Bond. Ten or more
freeholders of any county may petition the board for the
establishment of a county road in the vicinity of their
(2002 Ed.)
36.80.070
residence, setting forth and describing the general course and
terminal points of the proposed improvement and stating that
the same is a public necessity. The petition must be
accompanied by a bond in the penal sum of three hundred
dollars, payable to the county, executed by one or more
persons as principal or principals, with two or more sufficient sureties, conditioned that the petitioners will pay into
the county road fund of the county all costs and expenses
incurred by the county in examining and surveying the
proposed road and in the proceedings thereon in case the
road is not established by reason of its being impracticable
or there not being funds therefor. [1963 c 4 § 36.81.020.
Prior: 1937 c 187 § 20, part; RRS § 6450-20, part.]
36.81.030 Deeds and waivers. The board may
require the petitioners to secure deeds and waivers of
damages for the right of way from the landowners, and, in
such case, before an examination or survey by the county
road engineer is ordered, such deeds and waivers shall be
filed with the board. [1963 c 4 § 36.81.030. Prior: 1937 c
187 § 20, part; RRS § 6450-20, part.]
36.81.040 Action on petition. Upon the filing of the
petition and bond and being satisfied that the petition has
been signed by freeholders residing in the vicinity of the
proposed road, the board shall direct the county road
engineer to report upon the project. [1963 c 4 § 36.81.040.
Prior: 1937 c 187 § 20, part; RRS § 6450-20, part.]
36.81.050 Engineer’s report. Whenever directed by
the board to report upon the establishment of a county road
the engineer shall make an examination of the road and if
necessary a survey thereof. After examination, if the
engineer deems the road to be impracticable, he shall so
report to the board without making any survey, or he may
examine or examine and survey any other practicable route
which would serve such purpose. Whenever he considers
any road as proposed or modified as practicable, he shall
report thereon in writing to the board giving his opinion: (1)
As to the necessity of the road; (2) as to the proper terminal
points, general course and length thereof; (3) as to the proper
width of right of way therefor; (4) as to the estimated cost
of construction, including all necessary bridges, culverts,
clearing, grubbing, drainage, and grading; (5) and such other
facts as he may deem of importance to be considered by the
board. [1963 c 4 § 36.81.050. Prior: 1937 c 187 § 21,
part; RRS § 6450-21, part.]
36.81.060 Survey map, field notes and profiles. The
county road engineer shall file with his report a correctly
prepared map of the road as surveyed, which map must
show the tracts of land over which the road passes, with the
names, if known, of the several owners thereof, and he shall
file therewith his field notes and profiles of such survey.
[1963 c 4 § 36.81.060. Prior: 1937 c 187 § 21, part; RRS
§ 6450-21, part.]
36.81.070 Notice of hearing on report. The board
shall fix a time and place for hearing the report of the
engineer and cause notice thereof to be published once a
week for two successive weeks in the county official
[Title 36 RCW—page 233]
36.81.070
Title 36 RCW: Counties
newspaper and to be posted for at least twenty days at each
termini of the proposed road.
The notice shall set forth the termini of the road as set
out in the resolution of the board, or the freeholders’
petition, as the case may be, and shall state that all persons
interested may appear and be heard at such hearing upon the
report and recommendation of the engineer either to proceed
or not to proceed with establishing the road. [1963 c 4 §
36.81.070. Prior: 1937 c 187 § 22, part; RRS § 6450-22,
part.]
36.81.080 Hearing—Road established by resolution.
On the day fixed for the hearing or any day to which the
hearing has been adjourned, upon proof to its satisfaction
made by affidavit of due publication and posting of the
notice of hearing, the board shall consider the report and any
and all evidence relative thereto, and if the board finds that
the proposed county road is a public necessity and practicable it may establish it by proper resolution. [1963 c 4 §
36.81.080. Prior: 1937 c 187 § 22, part; RRS § 6450-22,
part.]
36.81.090 Expense of proceedings. The cost and
expense of the road, together with cost of proceedings
thereon and of right of way and any quarries or other land
acquired therefor, and the maintenance of the road shall be
paid out of the county road fund. When the costs are
assessed against the principals on the bond given in connection with a petition for the improvement, the county auditor
shall file a cost bill with the county treasurer who shall
proceed to collect it. [1963 c 4 § 36.81.090. Prior: (i)
1937 c 187 § 22, part; RRS § 6450-22, part. (ii) 1937 c 187
§ 20, part; RRS § 6450-20, part.]
36.81.100 County road on or over dikes. The board
of any county may establish county roads over, across or
along any dike maintained by any diking, or diking and
drainage, district in the manner provided by law for establishing county roads over or across private property, and
shall determine and offer the amount of damages, if any, to
the district and to the owners of the land upon which the
dike is constructed and maintained: PROVIDED, That every
such county road must be so constructed, maintained, and
used as not to impair the use of the dike. [1963 c 4 §
36.81.100. Prior: 1937 c 187 § 15; RRS § 6450-15.]
36.81.110 County road on or over dikes—
Condemnation for dike roads. If any offer of damages to
any diking, or diking and drainage, district is not accepted in
the manner provided by law, it shall be deemed rejected, and
the board by order, shall direct condemnation proceedings to
procure the right of way to be instituted in the superior court
of the county by the prosecuting attorney in the manner
provided by law for the taking of private property for public
use, and to that end the board may institute and maintain in
the name of the county such proceedings against the diking,
or diking and drainage, district and the owners of any land
on which the dike is located and that have failed to accept
the offer of damages made by the board: PROVIDED, That
no taxes or assessments shall be charged or collected by any
diking, or diking and drainage, district for any county road
[Title 36 RCW—page 234]
as provided in this section. [1963 c 4 § 36.81.110. Prior:
1937 c 187 § 16; RRS § 6450-16.]
36.81.121 Perpetual advanced six-year plans for
coordinated transportation program, expenditures—
Nonmotorized transportation—Railroad right-of-way. (1)
At any time before adoption of the budget, the legislative
authority of each county, after one or more public hearings
thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the
county has adopted a comprehensive plan pursuant to chapter
35.63 or 36.70 RCW, the inherent authority of a charter
county derived from its charter, or chapter 36.70A RCW, the
program shall be consistent with this comprehensive plan.
The program shall include proposed road and bridge
construction work and other transportation facilities and
programs deemed appropriate, and for those counties
operating ferries shall also include a separate section
showing proposed capital expenditures for ferries, docks, and
related facilities. Copies of the program shall be filed with
the county road administration board and with the state
secretary of transportation not more than thirty days after its
adoption by the legislative authority. The purpose of this
section is to assure that each county shall perpetually have
available advanced plans looking to the future for not less
than six years as a guide in carrying out a coordinated transportation program. The program may at any time be revised
by a majority of the legislative authority but only after a
public hearing thereon.
(2) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this
section shall contain information as to how a county will
expend its moneys, including funds made available pursuant
to chapter 47.30 RCW, for nonmotorized transportation
purposes.
(3) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this
section shall contain information as to how a county shall act
to preserve railroad right-of-way in the event the railroad
ceases to operate in the county’s jurisdiction.
(4) The six-year plan for each county shall specifically
set forth those projects and programs of regional significance
for inclusion in the transportation improvement program
within that region. [1997 c 188 § 1. Prior: 1994 c 179 §
2; 1994 c 158 § 8; 1990 1st ex.s. c 17 § 58; 1988 c 167 § 8;
1983 1st ex.s. c 49 § 20; prior: 1975 1st ex.s. c 215 § 2;
1975 1st ex.s. c 21 § 3; 1967 ex.s. c 83 § 26; 1963 c 4 §
36.81.121; prior: 1961 c 195 § 1.]
Captions not law—Severability—Effective date—1994 c 158: See
RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Long range arterial construction planning, counties and cities to prepare
data: RCW 47.26.170.
(2002 Ed.)
Roads and Bridges—Establishment
36.81.122 Provisions for bicycle paths, lanes, routes,
roadways and improvements to be included in annual
revision or extension of comprehensive road programs—
Exception. The annual revision and extension of comprehensive road programs pursuant to RCW 36.81.121 shall
include consideration of and, wherever reasonably practicable, provisions for bicycle paths, lanes, routes, and roadways:
PROVIDED, That no provision need be made for such a
path, lane, route, or roadway where the cost of establishing
it would be excessively disproportionate to the need or
probable use. [1974 ex.s. c 141 § 9.]
36.81.130 Procedure specified for establishment,
construction, and maintenance. The laying out, construction, and maintenance of all county roads shall hereafter be
in accordance with the following procedure:
On or before the first Monday in October of each year
each county road engineer shall file with the county legislative authority a recommended plan for the laying out,
construction, maintenance, and special maintenance of
county roads for the ensuing fiscal year. Such recommended
plan need not be limited to but shall include the following
items: Recommended projects, including capital expenditures for ferries, docks, and related facilities, and their
priority; the estimated cost of all work, including labor and
materials for each project recommended; a statement as to
whether such work is to be done by the county forces or by
publicly advertised contract; a list of all recommended
repairs to and purchases of road equipment, together with the
estimated costs thereof. Amounts to be expended for
maintenance and special maintenance shall be recommended,
but details of these proposed expenditures shall not be made.
The recommended plan shall conform as nearly as practicable to the county’s long range road program.
After filing of the road engineer’s recommended plan,
the county legislative authority shall consider the same.
Revisions and changes may be made until a plan which is
agreeable to a majority of the members of the county legislative authority has been adopted: PROVIDED, That such
revisions shall conform as nearly as practicable to the
county’s long range road program. Any appropriations
contained in the county road budget shall be void unless the
county’s road plan was adopted prior to such appropriation.
The final road plan for the fiscal year shall not thereafter be changed except by unanimous vote of the county
legislative authority. [1991 c 363 § 86; 1975 1st ex.s. c 21
§ 4; 1963 c 4 § 36.81.130. Prior: 1949 c 156 § 7; Rem.
Supp. 1949 § 6450-8f.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.81.140 Columbia Basin project road systems—
Establishment by plat. When plats or blocks of farm units
have been or are filed under the provisions of chapter 89.12
RCW which contain a system of county roads, or when a
supplemental plat of a system of county roads to serve such
a plat is filed in connection therewith, the filing period and
formal approval by the board of county commissioners shall
constitute establishment as county roads: PROVIDED, That
the board of county commissioners have obtained the
(2002 Ed.)
36.81.122
individual rights-of-way by deed or as otherwise provided by
law. [1963 c 4 § 36.81.140. Prior: 1953 c 199 § 1.]
Chapter 36.82
ROADS AND BRIDGES—FUNDS—BUDGET
Sections
36.82.010
36.82.020
36.82.040
36.82.050
36.82.060
36.82.070
36.82.075
"County road fund" created.
County road fund—Limitation upon expenditures.
General tax levy for road fund—Exceptions.
Receipts from motor vehicle fund to road fund.
Federal reimbursement to road fund.
Purpose for which road fund can be used.
Use of county road funds in cooperative agreement with
conservation district.
36.82.080 Purpose for which road fund can be used—Payment of bond
or warrant interest and principal.
36.82.090 Anticipation warrants against road fund.
36.82.100 Purchases of road material extraction equipment—Sale of
surplus materials.
36.82.110 Voluntary contributions for improvements to county roads—
Standards.
36.82.120 Purchases of road material extraction equipment—Proceeds
to road fund.
36.82.140 Forest roads may be maintained from road fund.
36.82.145 Bicycle paths, lanes, routes, etc., may be constructed, maintained or improved from county road fund—Standards.
36.82.160 County road budget—Road budget to be prepared—
Estimates of expenditures.
36.82.170 County road budget—Budget as adopted filed with department of transportation.
36.82.180 County road budget—Preliminary supplemental budget.
36.82.190 County road budget—Notice of hearing on supplemental
budget.
36.82.200 County road budget—Hearing, adoption, supplemental budget.
36.82.210 Disposition of fines and forfeitures for violations.
Bicycles; pavement marking standards: RCW 47.36.280.
Employee safety award program, funds affected: RCW 36.32.460.
36.82.010 "County road fund" created. There is
created in each county of the state a county fund to be
known as the "county road fund." Any funds which accrue
to any county for use upon county roads, shall be credited to
and deposited in the county road fund. [1969 ex.s. c 182 §
12; 1963 c 4 § 36.82.010. Prior: 1943 c 82 § 2, part; 1937
c 187 § 6, part; Rem. Supp. 1943 § 6450-6, part.]
36.82.020 County road fund—Limitation upon
expenditures. Any funds accruing to and to be deposited in
the county road fund arising from any levy in any road district shall be expended for proper county road purposes.
[1991 c 363 § 87; 1963 c 4 § 36.82.020. Prior: 1943 c 82
§ 2, part; 1937 c 187 § 6, part; Rem. Supp. 1943 § 6450-6,
part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.82.040 General tax levy for road fund—
Exceptions. For the purpose of raising revenue for establishing, laying out, constructing, altering, repairing, improving, and maintaining county roads, bridges, and wharves
necessary for vehicle ferriage and for other proper county
purposes, the board shall annually at the time of making the
levy for general purposes make a uniform tax levy throughout the county, or any road district thereof, of not to exceed
[Title 36 RCW—page 235]
36.82.040
Title 36 RCW: Counties
two dollars and twenty-five cents per thousand dollars of
assessed value of the last assessed valuation of the taxable
property in the county, or road district thereof, unless other
law of the state requires a lower maximum levy, in which
event such lower maximum levy shall control. All funds
accruing from such levy shall be credited to and deposited
in the county road fund except that revenue diverted under
RCW 36.33.220 shall be placed in a separate and identifiable
account within the county current expense fund and except
that revenue diverted under chapter 39.89 RCW shall be
expended as provided under chapter 39.89 RCW. [2001 c
212 § 27; 1973 1st ex.s. c 195 § 41; 1971 ex.s. c 25 § 2;
1963 c 4 § 36.82.040. Prior: 1937 c 187 § 7; RRS § 64507.]
Severability—2001 c 212: See RCW 39.89.902.
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
Severability—1971 ex.s. c 25: See note following RCW 36.33.220.
36.82.050 Receipts from motor vehicle fund to road
fund. Any funds accruing to the credit of any county from
the motor vehicle fund shall be paid monthly to the county
treasurer and deposited in the county road fund. [1963 c 4
§ 36.82.050. Prior: 1937 c 187 § 8, part; RRS § 6450-8,
part.]
36.82.060 Federal reimbursement to road fund.
Any funds accruing to any county by way of reimbursement
by the federal government for expenditures made from the
county road fund of such county for any proper county road
purpose shall be credited to and deposited in the county road
fund. [1963 c 4 § 36.82.060. Prior: 1937 c 187 § 8, part;
RRS § 6450-8, part.]
36.82.070 Purpose for which road fund can be used.
Any money paid to any county road fund may be used for
the construction, alteration, repair, improvement, or maintenance of county roads and bridges thereon and for wharves
necessary for ferriage of motor vehicle traffic, and for
ferries, and for the acquiring, operating, and maintaining of
machinery, equipment, quarries, or pits for the extraction of
materials, and for the cost of establishing county roads,
acquiring rights-of-way therefor, and expenses for the
operation of the county engineering office, and for any of
the following programs when directly related to county road
purposes: (1) Insurance; (2) self-insurance programs; and
(3) risk management programs; and for any other proper
county road purpose. Such expenditure may be made either
independently or in conjunction with the state or any city,
town, or tax district within the county. County road purposes also include the removal of barriers to fish passage related
to county roads, and include but are not limited to the
following activities associated with the removal of these
barriers: Engineering and technical services; stream bank
stabilization; streambed restoration; the placement of weirs,
rock, or woody debris; planting; and channel modification.
County road funds may be used beyond the county right-ofway for activities clearly associated with removal of fish
passage barriers that are the responsibility of the county.
Activities related to the removal of barriers to fish passage
performed beyond the county right-of-way must not exceed
[Title 36 RCW—page 236]
twenty-five percent of the total cost of activities related to
fish barrier removal on any one project, and the total annual
cost of activities related to the removal of barriers to fish
passage performed beyond the county rights-of-way must not
exceed one-half of one percent of a county’s annual road
construction budget. The use of county road funds beyond
the county right-of-way for activities associated with the
removal of fish barriers is permissive, and wholly within the
discretion of the county legislative authority. The use of
county road funds beyond the county right-of-way for such
activities does not create or impose a legal duty upon a
county for salmon recovery work beyond the county right-ofway. [2001 c 221 § 3; 1997 c 189 § 1; 1963 c 4 §
36.82.070. Prior: 1943 c 82 § 5, part; 1937 c 187 § 53,
part; Rem. Supp. 1943 § 6450-53, part.]
Removal of fish barriers—2001 2nd sp.s. c 14: "Notwithstanding
the limitations of RCW 36.82.070 and 2001 c 221 s 3, county road funds
may be used during this biennium beyond the county right-of-way for
activities clearly associated with removal of fish passage barriers that are the
responsibility of the county in the amount deemed appropriate by the
county." [2001 2nd sp.s. c 14 § 609.]
Purpose—Intent—2001 c 221: See note following RCW 36.79.140.
36.82.075 Use of county road funds in cooperative
agreement with conservation district. Whenever a county
legislative authority enters into a cooperative agreement with
a conservation district as provided in chapter 89.08 RCW,
the agreement may specify that the county will participate in
the cost of any project which can be anticipated to result in
a substantial reduction of the amount of soil deposited in a
specifically described roadside ditch normally maintained by
the county. The amount of participation by the county
through the county road fund shall not exceed fifty percent
of the project cost and shall be limited to those engineering
and construction costs incurred during the initial construction
or reconstruction of the project. [1985 c 369 § 9.]
36.82.080 Purpose for which road fund can be
used—Payment of bond or warrant interest and principal. The payment of interest or principal on general
obligation county road bonds, or retirement of registered
warrants both as to principal and interest when such warrants
have been issued for a proper county road purpose, are
declared to be a proper county road purpose. [1979 ex.s. c
30 § 4; 1963 c 4 § 36.82.080. Prior: 1943 c 82 § 5, part;
1937 c 187 § 53, part; Rem. Supp. 1943 § 6450-53, part.]
36.82.090 Anticipation warrants against road fund.
The board may expend funds from the county road fund or
register warrants against the county road fund in anticipation
of funds to be paid to the county from the motor vehicle
fund. [1963 c 4 § 36.82.090. Prior: 1943 c 82 § 6; 1937
c 187 § 54; Rem. Supp. 1943 § 6450-54.]
36.82.100 Purchases of road material extraction
equipment—Sale of surplus materials. The boards of the
several counties may purchase and operate, out of the county
road fund, rock crushing, gravel, or other road building
material extraction equipment.
Any crushed rock, gravel, or other road building
material extracted and not directly used or needed by the
county in the construction, alteration, repair, improvement,
(2002 Ed.)
Roads and Bridges—Funds—Budget
or maintenance of its roads may be sold at actual cost of
production by the board to the state or any other county,
city, town, or other political subdivision to be used in the
construction, alteration, repair, improvement, or maintenance
of any state, county, city, town or other proper highway,
road or street purpose: PROVIDED, That in counties of less
than twelve thousand five hundred population as determined
by the 1950 federal census, the boards of commissioners,
during such times as the crushing, loading or mixing
equipment is actually in operation, or from stockpiles, may
sell at actual cost of production such surplus crushed rock,
gravel, or other road building material to any other person
for private use where the place of contemplated use of such
crushed rock, gravel or other road building material is more
than fifteen miles distant from the nearest private source of
such materials within the county, distance being computed
by the closest traveled route: AND PROVIDED FURTHER,
That the purchaser presents, at or before the time of delivery
to him, a treasurer’s receipt for payment for such surplus
crushed rock, gravel, or any other road building material.
[1963 c 4 § 36.82.100. Prior: 1953 c 172 § 1; 1937 c 187
§ 44, part; RRS § 6450-44, part.]
36.82.100
exceed the standards of the state department of transportation. [1982 c 55 § 3; 1974 ex.s. c 141 § 8.]
36.82.160 County road budget—Road budget to be
prepared—Estimates of expenditures. Each county
legislative authority, with the assistance of the county road
engineer, shall prepare and file with the county auditor on or
before the second Monday in August in each year, detailed
and itemized estimates of all expenditures required in the
county for the ensuing fiscal year. In the preparation and
adoption of the county road budget the legislative authority
shall determine and budget sums to become available for the
following county road purposes: (1) Administration; (2)
bond and warrant retirement; (3) maintenance; (4) construction; (5) operation of equipment rental and revolving fund;
and (6) such other items relating to the county road budget
as may be required by the county road administration board;
and the respective amounts as adopted for these several
items in the final budget for the ensuing calendar year shall
not be altered or exceeded except as by law provided. [1991
c 363 § 88; 1969 ex.s. c 182 § 14; 1963 c 4 § 36.82.160.
Prior: 1949 c 156 § 6, part; 1943 c 82 § 7, part; 1937 c 187
§ 56, part; Rem. Supp. 1949 § 6450-56, part.]
36.82.110 Voluntary contributions for improvements to county roads—Standards. Upon voluntary
contribution and payment by any person for the actual cost
thereof, such person or legislative authority upon the
approval of maps, plans, specifications and guaranty bonds
as may be required, may place crushed rock gravel or other
road building material or make improvements upon any
county road. Such work shall be done in accordance with
adopted county standards under the supervision of and
direction of the county engineer. [1982 c 145 § 7; 1963 c
4 § 36.82.110. Prior: 1937 c 187 § 44, part; RRS § 645044, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.82.120 Purchases of road material extraction
equipment—Proceeds to road fund. All proceeds from the
sale or placing of any crushed rock, gravel or other road
building material shall be deposited in the county road fund
to be expended under the same provisions as are by law
imposed upon the funds used to produce the crushed rock,
gravel, or other road building material extracted and sold.
[1963 c 4 § 36.82.120. Prior: 1937 c 187 § 44, part; RRS
§ 6450-44, part.]
36.82.180 County road budget—Preliminary
supplemental budget. If any funds are paid to any county
from the motor vehicle fund in excess of the amount
estimated by the department of transportation and the excess
funds have not been included by the county legislative
authority in the then current county road budget or if funds
become available from other sources upon a matching basis
or otherwise and it is impracticable to adhere to the provisions of the county road budget, the legislative authority may
by unanimous consent, consider and adopt a preliminary
supplemental budget covering the excess funds for the
remainder of the current fiscal year. [1984 c 7 § 37; 1963
c 4 § 36.82.180. Prior: 1949 c 156 § 6, part; 1943 c 82 §
7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 § 6450-56,
part.]
36.82.140 Forest roads may be maintained from
road fund. The board may maintain any forest roads within
its county and expend for the maintenance thereof funds accruing to the county road fund. [1963 c 4 § 36.82.140.
Prior: 1937 c 187 § 45; RRS § 6450-45.]
36.82.170 County road budget—Budget as adopted
filed with department of transportation. Upon the final
adoption of the county road budgets of the several counties,
the county legislative authorities shall file a copy thereof in
the office of the department of transportation. [1984 c 7 §
36; 1963 c 4 § 36.82.170. Prior: 1949 c 156 § 6, part; 1943
c 82 § 7, part; 1937 c 187 § 56, part; Rem. Supp. 1949 §
6450-56, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1984 c 7: See note following RCW 47.01.141.
36.82.145 Bicycle paths, lanes, routes, etc., may be
constructed, maintained or improved from county road
fund—Standards. Any funds deposited in the county road
fund may be used for the construction, maintenance, or
improvement of bicycle paths, lanes, routes, and roadways,
and for improvements to make existing streets and roads
more suitable and safe for bicycle traffic. Bicycle facilities
constructed or modified after June 10, 1982, shall meet or
(2002 Ed.)
36.82.190 County road budget—Notice of hearing
on supplemental budget. The county legislative authority
shall then publish a notice setting day of hearing for the
adoption of the final supplemental budget covering the
excess funds, designating the time and place of hearing and
that anyone may appear thereat and be heard for or against
any part of the preliminary supplemental budget. The notice
shall be published once a week for two consecutive weeks
[Title 36 RCW—page 237]
36.82.190
Title 36 RCW: Counties
immediately following the adoption of the preliminary
supplemental budget in the official newspaper of the county.
The county legislative authority shall provide a sufficient
number of copies of the preliminary supplemental budget to
meet reasonable public demands and they shall be available
not later than two weeks immediately preceding the hearing.
[1985 c 469 § 50; 1963 c 4 § 36.82.190. Prior: 1949 c 156
§ 6, part; 1943 c 82 § 7, part; 1937 c 187 § 56, part; Rem.
Supp. 1949 § 6450-56, part.]
36.82.200 County road budget—Hearing, adoption,
supplemental budget. The board shall hold such hearing at
the time and place designated in the notice, and it may be
continued from day to day until concluded but not to exceed
a total of five days. Upon the conclusion of the hearing the
board shall fix and determine the supplemental budget and
by resolution adopt it as finally determined and enter it in
detail in the official minutes of the board, a copy of which
supplemental budget shall be forwarded to the director.
[1995 c 301 § 70; 1963 c 4 § 36.82.200. Prior: 1949 c 156
§ 6, part; 1943 c 82 § 7, part; 1937 c 187 § 56, part; Rem.
Supp. 1949 § 6450-56, part.]
36.82.210 Disposition of fines and forfeitures for
violations. All fines and forfeitures collected for violation
of any of the provisions of chapters 36.75, and 36.77 to
36.87 RCW, inclusive, when the violation thereof occurred
outside of any incorporated city or town shall be distributed
and paid into the proper funds for the following purposes:
One-half shall be paid into the county road fund of the
county in which the violation occurred; one-fourth into the
state fund for the support of state parks and parkways; and
one-fourth into the highway safety fund: PROVIDED, That
all fees, fines, forfeitures and penalties collected or assessed
by a district court because of the violation of a state law
shall be remitted as provided in chapter 3.62 RCW as now
exists or is later amended.
All fines and forfeitures collected for the violation of
any of such provisions when the violation thereof occurred
inside any incorporated city or town shall be distributed and
paid into the proper funds for the following purposes: Onehalf shall be paid into the city street fund of such incorporated city or town for the construction and maintenance of
city streets; one-fourth into the state fund for the support of
state parks and parkways; and one-fourth into the highway
safety fund: PROVIDED, That all fees, fines, forfeitures
and penalties collected or assessed by a district court because
of the violation of a state law shall be remitted as provided
in chapter 3.62 RCW as now exists or is later amended.
[1987 c 202 § 211; 1969 ex.s. c 199 § 21; 1963 c 4 §
36.82.210. Prior: 1949 c 75 § 2; 1937 c 187 § 67; Rem.
Supp. 1949 § 6450-67.]
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 36.83
ROADS AND BRIDGES—SERVICE DISTRICTS
Sections
36.83.010
Service districts authorized—Bridge and road improvements—Powers—Governing body.
36.83.020 Establishment—Notice, hearing—Termination of proceedings—Modification of boundaries—Dissolution.
36.83.030 Excess ad valorem property taxes authorized.
36.83.040 General obligation bonds, excess property tax levies authorized—Limitations.
36.83.050 Local improvement districts authorized—Assessments—
Special assessment bonds and revenue bonds—
Limitations.
36.83.060 Bonds—Form.
36.83.070 Bonds—Use of proceeds.
36.83.080 Gifts, grants, and donations.
36.83.090 Eminent domain.
36.83.100 Commissioners—Appointment—Terms—Vacancies—
Compensation—Powers.
36.83.110 Election to retain commissioners—Referendum petition.
36.83.120 Removal of commissioner.
36.83.130 Improvements—Ownership.
36.83.140 Local service district fund.
36.83.900 Liberal construction.
Transportation benefit districts: Chapter 36.73 RCW.
36.83.010 Service districts authorized—Bridge and
road improvements—Powers—Governing body. The
legislative authority of a county may establish one or more
service districts within the county for the purpose of providing and funding capital and maintenance costs for any bridge
or road improvement or for providing and funding capital
costs for any state highway improvement a county or a road
district has the authority to provide. A service district may
not include any area within the corporate limits of a city or
town unless the city or town governing body adopts a
resolution approving inclusion of the area within its limits.
A service district is a quasi municipal corporation, an
independent taxing "authority" within the meaning of Article
VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
A service district shall constitute a body corporate and
shall possess all the usual powers of a corporation for public
purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but
not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of
real and personal property, and to sue and be sued. All
projects constructed by a service district pursuant to the
provisions of this chapter shall be competitively bid and
contracted.
A board of three commissioners appointed by the county
legislative authority or county executive pursuant to this
chapter shall be the governing body of a service district.
The county treasurer shall act as the ex officio treasurer of
the service district. The electors of a service district are all
registered voters residing within the district. [1996 c 292 §
1; 1985 c 400 § 2; 1983 c 130 § 1.]
County may fund improvements to state highways: RCW 36.75.035.
36.83.020 Establishment—Notice, hearing—
Termination of proceedings—Modification of boundaries—Dissolution. (1) A county legislative authority
[Title 36 RCW—page 238]
(2002 Ed.)
Roads and Bridges—Service Districts
proposing to establish a service district shall conduct a
hearing at the time and place specified in a notice published
at least once, not less than ten days prior to the hearing, in
a newspaper of general circulation within the proposed
service district. This notice shall be in addition to any other
notice required by law to be published. The notice shall
specify the functions or activities proposed to be provided or
funded by the service district. Additional notice of the
hearing may be given by mail, posting within the proposed
service district, or in any manner the county legislative
authority deems necessary to notify affected persons. All
hearings shall be public and the county legislative authority
shall hear objections from any person affected by the
formation, modification of the boundaries, or dissolution of
the service district.
(2) Following the hearing held pursuant to subsection
(1) of this section, the county legislative authority may
establish a service district if the county legislative authority
finds the action to be in the public interest and adopts an
ordinance or resolution providing for the establishment of the
service district. The legislation establishing a service district
shall specify the functions or activities to be exercised or
funded and establish the boundaries of the service district.
Functions or activities proposed to be provided or funded by
the service district may not be expanded beyond those
specified in the notice of hearing, except as provided in
subsection (4) of this section.
(3) At any time prior to the county legislative authority
establishing a service district pursuant to this section, all
further proceedings shall be terminated upon the filing of a
verified declaration of termination signed by a majority of
the registered voters of the proposed service district.
(4) With the approval of the county legislative authority,
the governing body of a service district may modify the
boundaries of, expand or otherwise modify the functions of,
or dissolve the service district after providing notice and
conducting a public hearing or hearings in the manner provided in subsection (1) of this section. The governing body
must make a determination that the proposed action is in the
public interest and adopt a resolution providing for the
action. [1996 c 292 § 2; 1983 c 130 § 2.]
36.83.030 Excess ad valorem property taxes authorized. (1) A service district may levy an ad valorem
property tax, in excess of the one percent limitation, upon
the property within the district for a one-year period whenever authorized by the voters of the district pursuant to RCW
84.52.052 and Article VII, section 2(a) of the state Constitution.
(2) A service district may provide for the retirement of
voter approved general obligation bonds, issued for capital
purposes only, by levying bond retirement ad valorem
property tax levies, in excess of the one percent limitation,
whenever authorized by the voters of the district pursuant to
Article VII, section 2(b) of the state Constitution and RCW
84.52.056. [1983 c 130 § 3.]
36.83.040 General obligation bonds, excess property
tax levies authorized—Limitations. (1) To carry out the
purpose of this chapter, a service district may issue general
obligation bonds, not to exceed an amount, together with any
(2002 Ed.)
36.83.020
other outstanding nonvoter approved general obligation
indebtedness, equal to three-eighths of one percent of the
value of taxable property within the district, as the term
"value of taxable property" is defined in RCW 39.36.015.
A service district may additionally issue general obligation
bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount
equal to one and one-fourth percent of the value of the
taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the service district pursuant to Article
VIII, section 6 of the state Constitution, and to provide for
the retirement thereof by excess property tax levies as
provided in RCW 36.83.030(2). The service district may
submit a single proposition to the voters which, if approved,
authorizes both the issuance of the bonds and the bond
retirement property tax levies.
(2) General obligation bonds with a maturity in excess
of forty years shall not be issued. The governing body of
the service district shall by resolution determine for each
general obligation bond issue the amount, date, terms,
conditions, denominations, maximum fixed or variable
interest rate or rates, maturity or maturities, redemption
rights, registration privileges, manner of execution, manner
of sale, callable provisions, if any, covenants, and form,
including registration as to principal and interest, registration
as to principal only, or bearer. Registration may include, but
not be limited to: (a) A book entry system of recording the
ownership of a bond whether or not physical bonds are
issued; or (b) recording the ownership of a bond together
with the requirement that the transfer of ownership may only
be effected by the surrender of the old bond and either the
reissuance of the old bond or the issuance of a new bond to
the new owner. Facsimile signatures may be used on the
bonds and any coupons. Refunding general obligation bonds
may be issued in the same manner as general obligation
bonds are issued.
(3) Whenever general obligation bonds are issued to
fund specific projects or enterprises that generate revenues,
charges, user fees, or special assessments, the service district
which issues the bonds may specifically pledge all or a
portion of the revenues, charges, user fees, or special
assessments to refund the general obligation bonds. [1983
c 130 § 4.]
36.83.050 Local improvement districts authorized—
Assessments—Special assessment bonds and revenue
bonds—Limitations. (1) A service district may form a
local improvement district or utility local improvement
district to provide any local improvement it has the authority
to provide, impose special assessments on all property
specially benefited by the local improvements, and issue
special assessment bonds or revenue bonds to fund the costs
of the local improvement. Improvement districts shall be
created and assessments shall be made and collected pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.53, and 35.54
RCW.
(2) The governing body of a service district shall by
resolution establish for each special assessment bond issue
the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or
[Title 36 RCW—page 239]
36.83.050
Title 36 RCW: Counties
maturities, redemption rights, registration privileges, if any,
covenants, and form, including registration as to principal
and interest, registration as to principal only, or bearer.
Registration may include, but not be limited to: (a) A book
entry system of recording the ownership of a bond whether
or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer
of ownership may only be effected by the surrender of the
old bond and either the reissuance of the old bond or the
issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. The
maximum term of any special assessment bonds shall not
exceed thirty years beyond the date of issue. Special
assessment bonds issued pursuant to this section shall not be
an indebtedness of the service district issuing the bonds, and
the interest and principal on the bonds shall only be payable
from special assessments made for the improvement for
which the bonds were issued and any local improvement
guaranty fund that the service district has created. The
owner or bearer of a special assessment bond or any interest
coupon issued pursuant to this section shall not have any
claim against the service district arising from the bond or
coupon except for the payment from special assessments
made for the improvement for which the bonds were issued
and any local improvement guaranty fund the service district
has created. The service district issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant
to this section for any loss occurring in the lawful operation
of its local improvement guaranty fund. The substance of
the limitations included in this subsection shall be plainly
printed, written, or engraved on each special assessment
bond issued pursuant to this section.
(3) The governing body may establish and pay moneys
into a local improvement guaranty fund to guarantee special
assessment bonds issued by the service district.
(4) The governing body of a service district shall
provide for the payment of both the special assessments
which are imposed and a portion of the utility income from
the utility improvement into a special fund established for
the payment of the revenue bonds to defray the cost of the
utility local improvement district whenever it desires to
create a utility local improvement district and issue revenue
bonds to fund the local improvement. [1983 c 130 § 5.]
36.83.060 Bonds—Form. Where physical bonds are
issued pursuant to RCW 36.83.040 or 36.83.050, the bonds
shall be printed, engraved, or lithographed on good bond
paper and the manual or facsimile signatures of both the
treasurer and chairperson of the governing body shall be
included on each bond. [1983 c 130 § 6.]
36.83.070 Bonds—Use of proceeds. (1) The proceeds
of any bond issued pursuant to RCW 36.83.040 or 36.83.050
may be used to pay costs incurred on such bond issue related
to the sale and issuance of the bonds. Such costs include
payments for fiscal and legal expenses, obtaining bond
ratings, printing, engraving, advertising, and other similar
activities.
(2) In addition, proceeds of bonds used to fund capital
projects may be used to pay the necessary and related
[Title 36 RCW—page 240]
engineering, architectural, planning, and inspection costs.
[1983 c 130 § 7.]
36.83.080 Gifts, grants, and donations. A service
district may accept and expend or use gifts, grants, and
donations. [1983 c 130 § 8.]
36.83.090 Eminent domain. A service district may
exercise the power of eminent domain to obtain property for
its authorized purposes in the manner counties exercise the
powers of eminent domain. [1983 c 130 § 9.]
36.83.100 Commissioners—Appointment—Terms—
Vacancies—Compensation—Powers. If the county
legislative authority establishes a road and bridge service
district, it shall promptly appoint three persons who are
residents of the territory included in that service district to
serve as the commissioners of the service district. For
counties having an elected executive, the executive shall
appoint those commissioners subject to confirmation by the
legislative authority of the county. The commissioners first
appointed shall be designated to serve for terms of one, two,
and three years, respectively, from the date of their appointment. Thereafter, service district commissioners shall be
appointed for a term of office of five years. Vacancies must
be filled for any unexpired term in the same manner as the
original appointment. No member of the legislative authority
of the county in which a service district is created may be a
commissioner of that service district, except that, if the
boundaries of the service district are included within or
coterminous with the boundaries of a county commissioner
or council district, the county commissioner or
councilmember elected from that commissioner or council
district may be appointed to serve as a commissioner of the
service district. A commissioner shall hold office until his
or her successor has been appointed and qualified, unless
sooner removed from office for cause in accordance with
this chapter or removed by referendum in accordance with
RCW 36.83.110. A certificate of the appointment or
reappointment of any commissioner must be filed with the
county auditor, and such certificate is conclusive evidence of
the due and proper appointment of the commissioner. The
commissioners of the service district shall receive no
compensation for their services, in any capacity, but are
entitled to reimbursement for reasonable and necessary
expenses, including travel expenses, incurred in the discharge
of their duties.
The powers of each service district are vested in the
commissioners of the service district. Two commissioners
constitute a quorum of the service district for the purpose of
conducting its business and exercising its powers and for all
other purposes. The commissioners of the service district
shall organize itself and select its chair, vice-chair, and
secretary, who shall serve one-year terms but may be
selected for additional terms. When the office of any officer
becomes vacant, the commissioners of the service district
shall select a new officer from among the commissioners for
the balance of the term of office. [1996 c 292 § 3.]
36.83.110 Election to retain commissioners—
Referendum petition. Any registered voter residing within
(2002 Ed.)
Roads and Bridges—Service Districts
the boundaries of the road and bridge service district may
file a referendum petition to call an election to retain any or
all commissioners. Any referendum petition to call such
election shall be filed with the county auditor no later than
one year before the end of a commissioner’s term. Within
ten days of the filing of a petition, the county auditor shall
confer with the petitioner concerning form and style of the
petition, issue an identification number for the petition, and
write a ballot title for the measure. The ballot title shall be
posed as a question: "Shall (name of commissioner) be
retained as a road and bridge service district commissioner?"
and the question shall be posed separately for each commissioner. The petitioner shall be notified of the identification
number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty
days in which to secure on petition forms the signatures of
not less than twenty-five percent of the registered voters
residing within the boundaries of the service district and file
the signed petitions with the county auditor. Each petition
form shall contain the ballot title. The county auditor shall
verify the sufficiency of the signatures on the petitions. If
sufficient valid signatures are properly submitted, the county
auditor shall submit the referendum measure to the registered
voters residing in the service district in a special election no
later than one hundred twenty days after the signed petition
has been filed with the county auditor. The special election
may be conducted by mail ballot as provided for in chapter
29.36 RCW.
The office of any commissioner for whom there is not
a majority vote to retain shall be declared vacant. [1996 c
292 § 4.]
36.83.120 Removal of commissioner. For neglect of
duty or misconduct in office, a commissioner of a service
district may be removed by the county legislative authority
after conducting a hearing. The commissioner must be given
a copy of the charges at least ten days prior to the hearing
and must have an opportunity to be heard in person or by
counsel. If a commissioner is removed, a record of the
proceedings, together with the charges and findings, must be
filed in the office of the county auditor. [1996 c 292 § 5.]
36.83.130 Improvements—Ownership. Any road or
bridge improvements financed in whole by funds of a service
district, including but not limited to proceeds of bonds issued
by a service district, shall be owned by that service district.
Improvements financed jointly by a service district and the
county or city within which the improvements are located
may be owned jointly by the service district and that county
or city pursuant to an interlocal agreement. [1996 c 292 §
6.]
36.83.140 Local service district fund. If a service
district is formed, there shall be created in the office of the
county treasurer, as ex officio treasurer of the service
district, a local service district fund with such accounts as
the treasurer may find convenient or as the state auditor or
the governing body of the service district may direct, into
which shall be deposited all revenues received by or on
behalf of the service district from tax levies, gifts, donations
and any other source. The fund shall be designated "(name
(2002 Ed.)
36.83.110
of county) (road/bridge) service district No. . . . fund."
[1996 c 292 § 7.]
36.83.900 Liberal construction. The rule of strict
construction does not apply to this chapter, and this chapter
shall be liberally construed to permit the accomplishment of
its purposes. [1983 c 130 § 10.]
Chapter 36.85
ROADS AND BRIDGES—RIGHTS-OF-WAY
Sections
36.85.010
36.85.020
36.85.030
36.85.040
Acquisition—Condemnation.
Aviation site not exempt from condemnation.
Acceptance of federal grants over public lands.
Acceptance of federal grants over public lands—Prior acceptances ratified.
36.85.010 Acquisition—Condemnation. Whenever
it is necessary to secure any lands for a right-of-way for any
county road or for the drainage thereof or to afford unobstructed view toward any intersection or point of possible
danger to public travel upon any county road or for any
borrow pit, gravel pit, quarry, or other land for the extraction
of material for county road purposes, or right-of-way for
access thereto, the board may acquire such lands on behalf
of the county by gift, purchase, or condemnation. When the
board so directs, the prosecuting attorney of the county shall
institute proceedings in condemnation to acquire such land
for a county road in the manner provided by law for the
condemnation of land for public use by counties. All cost
of acquiring land for right-of-way or for other purposes by
purchase or condemnation shall be paid out of the county
road fund of the county and chargeable against the project
for which acquired. [1963 c 4 § 36.85.010. Prior: 1937 c
187 § 9; RRS § 6450-9.]
36.85.020 Aviation site not exempt from condemnation. Whenever any county has established a public highway, which, in whole or in part, abuts upon and adjoins any
aviation site in such county, no property shall be exempt
from condemnation for such highway by reason of the same
having been or being dedicated, appropriated, or otherwise
reduced or held to public use. [1963 c 4 § 36.85.020. Prior:
1925 ex.s. c 41 § 1; RRS § 905-2.]
36.85.030 Acceptance of federal grants over public
lands. The boards in their respective counties may accept
the grant of rights-of-way for the construction of public
highways over public lands of the United States, not reserved
for public uses, contained in section 2477 of the Revised
Statutes of the United States. Such rights-of-way shall
henceforward not be less than sixty feet in width unless a
lesser width is specified by the United States. Acceptance
shall be by resolution of the board spread upon the records
of its proceedings: PROVIDED, That nothing herein
contained shall be construed to invalidate the acceptance of
such grant by general public use and enjoyment, heretofore
or hereafter had. [1963 c 4 § 36.85.030. Prior: 1937 c 187
§ 17; RRS § 6450-17.]
[Title 36 RCW—page 241]
36.85.040
Title 36 RCW: Counties
36.85.040 Acceptance of federal grants over public
lands—Prior acceptances ratified. Prior action of boards
purporting to accept the grant of rights-of-way under section
2477 of the Revised Statutes of the United States for the
construction of public highways over public lands of the
United States, as provided in RCW 36.85.030, is hereby
approved, ratified and confirmed and all such public highways shall be deemed duly laid out county roads and boards
of county commissioners may at any time by recorded
resolution cause any of such county roads to be opened and
improved for public travel. [1963 c 4 § 36.85.040. Prior:
1937 c 187 § 18; RRS § 6450-18.]
Chapter 36.86
ROADS AND BRIDGES—STANDARDS
Sections
36.86.010
36.86.020
36.86.030
36.86.040
36.86.050
36.86.060
36.86.070
36.86.080
36.86.090
36.86.100
Standard width of right-of-way prescribed.
Minimum standards of construction.
Amendment of standards—Filing.
Uniform standard for signs, signals, guideposts—Railroad
grade crossings.
Monuments at government survey corners.
Restrictions on use of oil at intersections or entrances to
county roads.
Classification of roads in accordance with designations
under federal functional classification system.
Application of design standards to construction and reconstruction.
Logs dumped on right-of-way—Removal—Confiscation.
Railroad grade crossings—Obstructions.
36.86.010 Standard width of right-of-way prescribed. From and after April 1, 1937, the width of thirty
feet on each side of the center line of county roads, exclusive of such additional width as may be required for cuts and
fills, is the necessary and proper right-of-way width for
county roads, unless the board of county commissioners,
shall, in any instance, adopt and designate a different width.
This shall not be construed to require the acquisition of increased right-of-way for any county road already established
and the right-of-way for which has been secured. [1963 c 4
§ 36.86.010. Prior: 1937 c 187 § 14; RRS § 6450-14.]
36.86.020 Minimum standards of construction. In
the case of roads, the minimum width between shoulders
shall be fourteen feet with eight feet of surfacing, and in the
case of bridges, which includes all decked structures, the
minimum standard shall be for H-10 loading in accordance
with the standards of the state department of transportation.
When the standards have been prepared by the county road
engineer, they shall be submitted to the county legislative
authority for approval, and when approved shall be used for
all road and bridge construction and improvement in the
county. [1984 c 7 § 38; 1963 c 4 § 36.86.020. Prior: 1943
c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp. 1943 §
6450-4, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.86.030 Amendment of standards—Filing. Road
and bridge standards may be amended from time to time by
resolution of the county legislative authority, but no standard
may be approved by the legislative authority with any
[Title 36 RCW—page 242]
minimum requirement less than that specified in this chapter.
Two copies of the approved standards shall be filed with the
department of transportation for its use in examinations of
county road work. [1984 c 7 § 39; 1963 c 4 § 36.86.030.
Prior: 1943 c 73 § 1, part; 1937 c 187 § 4, part; Rem. Supp.
1943 § 6450-4, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.86.040 Uniform standard for signs, signals,
guideposts—Railroad grade crossings. The county
legislative authority shall erect and maintain upon the county
roads such suitable and proper signs, signals, signboards, and
guideposts and appropriate stop, caution, warning, restrictive,
and directional signs and markings as it deems necessary or
as may be required by law. All such markings shall be in
accordance with the uniform state standard of color, design,
erection, and location adopted and designed by the Washington state department of transportation. In respect to
existing and future railroad grade crossings over county
roads the legislative authority shall install and maintain
standard, nonmechanical railroad approach warning signs on
both sides of the railroad upon the approaches of the county
road. All such signs shall be located a sufficient distance
from the crossing to give adequate warning to persons
traveling on county roads. [1984 c 7 § 40; 1963 c 4 §
36.86.040. Prior: 1955 c 310 § 1; 1937 c 187 § 37; RRS
§ 6450-37.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.86.050 Monuments at government survey
corners. The board and the road engineer, at the time of
establishing, constructing, improving, or paving any county
road, shall fix permanent monuments at the original positions
of all United States government monuments at township
corners, section corners, quarter section corners, meander
corners, and witness markers, as originally established by the
United States government survey, whenever any such
original monuments or markers fall within the right-of-way
of any county road, and shall aid in the reestablishment of
any such corners, monuments, or markers destroyed or
obliterated by the construction of any county road heretofore
established, by permitting inspection of the records in the
office of the board and the county engineering office. [1963
c 4 § 36.86.050. Prior: 1937 c 187 § 36; RRS § 6450-36.]
36.86.060 Restrictions on use of oil at intersections
or entrances to county roads. No oil or other material
shall be used in the treatment of any county road or private
road or driveway, of such consistency, viscosity or nature or
in such quantities and in such proximity to the entrance to or
intersection with any state highway or county road, the
roadway of which is surfaced with cement concrete or
asphaltic concrete, that such oil or other material is or will
be tracked by vehicles thereby causing a coating or discoloration of such cement concrete or asphaltic concrete roadway.
Any person violating the provisions of this section shall be
guilty of a misdemeanor. [1963 c 4 § 36.86.060. Prior:
1937 c 187 § 43; RRS § 6450-43.]
36.86.070 Classification of roads in accordance with
designations under federal functional classification
(2002 Ed.)
Roads and Bridges—Standards
system. From time to time the legislative authority of each
county shall classify and designate as the county primary
road system such county roads as are designated rural minor
collector, rural major collector, rural minor arterial, rural
principal arterial, urban collector, urban minor arterial, and
urban principal arterial in the federal functional classification
system. [1982 c 145 § 2; 1963 c 4 § 36.86.070. Prior:
1949 c 165 § 1; Rem. Supp. 1949 § 6450-8h.]
36.86.080 Application of design standards to
construction and reconstruction. Upon the adoption of
uniform design standards the legislative authority of each
county shall apply the same to all new construction within,
and as far as practicable and feasible to reconstruction of old
roads comprising, the county primary road system. No
deviation from such design standards as to such primary
system may be made without the approval of the state aid
engineer for the department of transportation. [1982 c 145
§ 3; 1963 c 4 § 36.86.080. Prior: 1949 c 165 § 4; Rem.
Supp. 1949 § 6450-8k.]
36.86.090 Logs dumped on right-of-way—
Removal—Confiscation. Logs dumped on any county road
right-of-way or in any county road drainage ditch due to
hauling equipment failure, or for any other reason, shall be
removed within ten days. Logs remaining within any county
road right-of-way for a period of thirty days shall be
confiscated and removed or disposed of as directed by the
boards of county commissioners in the respective counties.
Confiscated logs may be sold by the county commissioners
and the proceeds thereof shall be deposited in the county
road fund. [1963 c 4 § 36.86.090. Prior: 1951 c 143 § 1.]
36.86.100 Railroad grade crossings—Obstructions.
Each railroad company shall keep its right of way clear of
all brush and timber in the vicinity of a railroad grade
crossing with a county road for a distance of one hundred
feet from the crossing in such a manner as to permit a
person upon the road to obtain an unobstructed view in both
directions of an approaching train. The county legislative
authority shall cause brush and timber to be cleared from the
right of way of county roads in the proximity of a railroad
grade crossing for a distance of one hundred feet from the
crossing in such a manner as to permit a person traveling
upon the road to obtain an unobstructed view in both
directions of an approaching train. It is unlawful to erect or
maintain a sign, signboard, or billboard within a distance of
one hundred feet from the point of intersection of the road
and railroad grade crossing located outside the corporate limits of any city or town unless, after thirty days notice to the
Washington utilities and transportation commission and the
railroad operating the crossing, the county legislative
authority determines that it does not obscure the sight
distance of a person operating a vehicle or train approaching
the grade crossing.
When a person who has erected or who maintains such
a sign, signboard, or billboard or when a railroad company
permits such brush or timber in the vicinity of a railroad
grade crossing with a county road or permits the surface of
a grade crossing to become inconvenient or dangerous for
passage and who has the duty to maintain it, fails, neglects,
(2002 Ed.)
36.86.070
or refuses to remove or cause to be removed such brush,
timber, sign, signboard, or billboard, or maintain the surface
of the crossing, the utilities and transportation commission
upon complaint of the county legislative authority or upon
complaint of any party interested, or upon its own motion,
shall enter upon a hearing in the manner now provided for
hearings with respect to railroad-highway grade crossings,
and make and enforce proper orders for the removal of the
brush, timber, sign, signboard or billboard, or maintenance
of the crossing. Nothing in this section prevents the posting
or maintaining thereon of highway or road signs or traffic
devices giving directions or distances for the information of
the public when the signs conform to the "Manual for
Uniform Traffic Control Devices" issued by the state
department of transportation. The county legislative authority shall inspect highway grade crossings and make complaint
of the violation of any provisions of this section. [1983 c 19
§ 1; 1963 c 4 § 36.86.100. Prior: 1955 c 310 § 6.]
Railroad crossings, obstructions: RCW 47.32.140.
Chapter 36.87
ROADS AND BRIDGES—VACATION
Sections
36.87.010
36.87.020
36.87.030
36.87.040
36.87.050
36.87.060
36.87.070
36.87.080
36.87.090
36.87.100
36.87.110
36.87.120
36.87.130
36.87.140
36.87.900
Resolution of intention to vacate.
County road frontage owners’ petition—Bond, cash deposit,
or fee.
Freeholders’ petition—Action on petition.
Engineer’s report.
Notice of hearing on report.
Hearing.
Expense of proceeding.
Majority vote required.
Vacation of road unopened for five years—Exceptions.
Classification of roads for which public expenditures
made—Compensation of county.
Classification of roads for which no public expenditures
made—Compensation of county.
Appraised value as basis for compensation—Appraisal costs.
Vacation of roads abutting bodies of water prohibited unless
for public purposes or industrial use.
Retention of easement for public utilities and services.
Severability—1969 ex.s. c 185.
36.87.010 Resolution of intention to vacate. When
a county road or any part thereof is considered useless, the
board by resolution entered upon its minutes, may declare its
intention to vacate and abandon the same or any portion
thereof and shall direct the county road engineer to report
upon such vacation and abandonment. [1969 ex.s. c 185 §
1; 1963 c 4 § 36.87.010. Prior: 1937 c 187 § 48; RRS §
6450-48.]
36.87.020 County road frontage owners’ petition—
Bond, cash deposit, or fee. Owners of the majority of the
frontage on any county road or portion thereof may petition
the county legislative authority to vacate and abandon the
same or any portion thereof. The petition must show the
land owned by each petitioner and set forth that such county
road is useless as part of the county road system and that the
public will be benefited by its vacation and abandonment.
The legislative authority may (1) require the petitioners to
make an appropriate cash deposit or furnish an appropriate
bond against which all costs and expenses incurred in the
[Title 36 RCW—page 243]
36.87.020
Title 36 RCW: Counties
examination, report, and proceedings pertaining to the
petition shall be charged; or (2) by ordinance or resolution
require the petitioners to pay a fee adequate to cover such
costs and expenses. [1991 c 363 § 89; 1985 c 369 § 4; 1963
c 4 § 36.87.020. Prior: 1937 c 187 § 49, part; RRS §
6450-49, part.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.87.030 Freeholders’ petition—Action on petition.
On the filing of the petition and bond and on being satisfied
that the petition has been signed by petitioners residing in
the vicinity of the county road or portion thereof, the board
shall direct the county road engineer to report upon such
vacation and abandonment. [1963 c 4 § 36.87.030. Prior:
1937 c 187 § 49, part; RRS § 6450-49, part.]
36.87.040 Engineer’s report. When directed by the
board the county road engineer shall examine any county
road or portion thereof proposed to be vacated and abandoned and report his opinion as to whether the county road
should be vacated and abandoned, whether the same is in use
or has been in use, the condition of the road, whether it will
be advisable to preserve it for the county road system in the
future, whether the public will be benefited by the vacation
and abandonment, and all other facts, matters, and things
which will be of importance to the board, and also file his
cost bill. [1963 c 4 § 36.87.040. Prior: 1937 c 187 § 50;
RRS § 6450-50.]
36.87.050 Notice of hearing on report. Notice of
hearing upon the report for vacation and abandonment of a
county road shall be published at least once a week for two
consecutive weeks preceding the date fixed for the hearing,
in the county official newspaper and a copy of the notice
shall be posted for at least twenty days preceding the date
fixed for hearing at each termini of the county road or portion thereof proposed to be vacated or abandoned. [1963 c
4 § 36.87.050. Prior: 1937 c 187 § 51, part; RRS § 645051, part.]
36.87.060 Hearing. (1) On the day fixed for the
hearing, the county legislative authority shall proceed to
consider the report of the engineer, together with any
evidence for or objection against such vacation and abandonment. If the county road is found useful as a part of the
county road system it shall not be vacated, but if it is not
useful and the public will be benefited by the vacation, the
county legislative authority may vacate the road or any
portion thereof. Its decision shall be entered in the minutes
of the hearing.
(2) As an alternative, the county legislative authority
may appoint a hearing officer to conduct a public hearing to
consider the report of the engineer and to take testimony and
evidence relating to the proposed vacation. Following the
hearing, the hearing officer shall prepare a record of the
proceedings and a recommendation to the county legislative
authority concerning the proposed vacation. Their decision
shall be made at a regular or special public meeting of the
county legislative authority. [1985 c 369 § 5; 1963 c 4 §
[Title 36 RCW—page 244]
36.87.060. Prior: 1937 c 187 § 51, part; RRS § 6450-51,
part.]
36.87.070 Expense of proceeding. If the county
legislative authority has required the petitioners to make a
cash deposit or furnish a bond, upon completion of the
hearing, it shall certify all costs and expenses incurred in the
proceedings to the county treasurer and, regardless of its
final decision, the county legislative authority shall recover
all such costs and expenses from the bond or cash deposit
and release any balance to the petitioners. [1985 c 369 § 6;
1963 c 4 § 36.87.070. Prior: 1937 c 187 § 51, part; RRS
§ 6450-51, part.]
36.87.080 Majority vote required. No county road
shall be vacated and abandoned except by majority vote of
the board properly entered, or by operation of law, or
judgment of a court of competent jurisdiction. [1969 ex.s.
c 185 § 2; 1963 c 4 § 36.87.080. Prior: 1937 c 187 § 51,
part; RRS § 6450-51, part.]
36.87.090 Vacation of road unopened for five
years—Exceptions. Any county road, or part thereof, which
remains unopen for public use for a period of five years
after the order is made or authority granted for opening it,
shall be thereby vacated, and the authority for building it
barred by lapse of time: PROVIDED, That this section shall
not apply to any highway, road, street, alley, or other public
place dedicated as such in any plat, whether the land
included in such plat is within or without the limits of an
incorporated city or town, or to any land conveyed by deed
to the state or to any county, city or town for highways,
roads, streets, alleys, or other public places. [1963 c 4 §
36.87.090. Prior: 1937 c 187 § 52; RRS § 6450-52.]
36.87.100 Classification of roads for which public
expenditures made—Compensation of county. Any board
of county commissioners may, by ordinance, classify all
county roads for which public expenditures were made in the
acquisition, improvement or maintenance of the same,
according to the type and amount of expenditures made and
the nature of the county’s property interest in the road; and
may require persons benefiting from the vacation of county
roads within some or all of the said classes to compensate
the county as a condition precedent to the vacation thereof.
[1969 ex.s. c 185 § 4.]
36.87.110 Classification of roads for which no
public expenditures made—Compensation of county.
Any board of county commissioners may, by ordinance,
separately classify county roads for which no public expenditures have been made in the acquisition, improvement or
maintenance of the same, according to the nature of the
county’s property interest in the road; and may require
persons benefiting from the vacation of county roads within
some or all of the said classes to compensate the county as
a condition precedent to the vacation thereof. [1969 ex.s. c
185 § 5.]
(2002 Ed.)
Roads and Bridges—Vacation
36.87.120 Appraised value as basis for compensation—Appraisal costs. Any ordinance adopted pursuant to
this chapter may require that compensation for the vacation
of county roads within particular classes shall equal all or a
percentage of the appraised value of the vacated road as of
the effective date of the vacation. Costs of county appraisals
of roads pursuant to such ordinances shall be deemed
expenses incurred in vacation proceedings, and shall be paid
in the manner provided by RCW 36.87.070. [1969 ex.s. c
185 § 6.]
36.88.062
36.87.130 Vacation of roads abutting bodies of
water prohibited unless for public purposes or industrial
use. No county shall vacate a county road or part thereof
which abuts on a body of salt or fresh water unless the
purpose of the vacation is to enable any public authority to
acquire the vacated property for port purposes, boat moorage
or launching sites, or for park, viewpoint, recreational,
educational or other public purposes, or unless the property
is zoned for industrial uses. [1969 ex.s. c 185 § 7.]
36.88.095
36.87.140 Retention of easement for public utilities
and services. Whenever a county road or any portion
thereof is vacated the legislative body may include in the
resolution authorizing the vacation a provision that the
county retain an easement in respect to the vacated land for
the construction, repair, and maintenance of public utilities
and services which at the time the resolution is adopted are
authorized or are physically located on a portion of the land
being vacated: PROVIDED, That the legislative body shall
not convey such easement to any public utility or other
entity or person but may convey a permit or franchise to a
public utility to effectuate the intent of this section. The
term "public utility" as used in this section shall include
utilities owned, operated, or maintained by every gas
company, electrical company, telephone company, telegraph
company, and water company whether or not such company
is privately owned or owned by a governmental entity.
[1975 c 22 § 1.]
36.87.900 Severability—1969 ex.s. c 185. If any
provision of this act, or its application to any person,
property or road is held invalid, the validity of the remainder
of the act, or the application of the provision to other
persons, property or roads shall not be affected. [1969 ex.s.
c 185 § 8.]
Chapter 36.88
COUNTY ROAD IMPROVEMENT DISTRICTS
Sections
36.88.010
36.88.015
36.88.020
36.88.030
36.88.035
36.88.040
36.88.050
36.88.060
(2002 Ed.)
36.88.065
36.88.070
36.88.072
36.88.074
36.88.076
36.88.078
36.88.080
36.88.085
36.88.090
36.88.100
36.88.110
36.88.120
36.88.130
36.88.140
36.88.145
36.88.150
36.88.160
36.88.170
36.88.180
36.88.190
36.88.200
36.88.210
36.88.220
36.88.230
36.88.235
36.88.240
36.88.250
36.88.260
36.88.270
36.88.280
36.88.290
36.88.295
36.88.300
36.88.305
36.88.310
36.88.320
36.88.330
36.88.340
36.88.350
36.88.360
36.88.370
36.88.375
Districts authorized—Purposes.
Additional purposes.
Formation of district—How initiated.
Formation of district—By resolution of intention—
Procedure.
Notice must contain statement that assessments may vary
from estimates.
Formation of district—By resolution of intention—
Election—Rules.
Formation of district—By petition—Procedure.
Formation of district—Hearing—Resolution creating district.
36.88.380
36.88.390
36.88.400
36.88.410
36.88.420
36.87.120
Formation of district—Committee or hearing officer may
conduct hearings—Report to legislative authority.
Formation of district—Alternative method.
Diagram only preliminary determination.
Waivers of protest—Recording—Limits on enforceability.
Preformation expenditures.
Credits for other assessments.
Assessment reimbursement accounts.
Property included in district—Method of assessment—
Assessment limited by benefit.
Exemption of farm and agricultural land from special benefit
assessments.
Assessment roll—Hearing—Notice—Objections—New hearing.
Assessment role—Committee or officer may conduct hearing—Recommendations to legislative authority—
Appeals.
Appeal—Reassessment.
Assessment roll—Conclusive.
Assessment is lien on property—Superiority.
County treasurer—Duties.
Payment of assessment—Delinquent assessments—
Penalties—Lien foreclosure.
Property donations—Credit against assessments.
Payment of assessment—Record of.
District fund—Purposes—Bond redemptions.
Foreclosed property—Held in trust for district.
Foreclosed property—Sale or lease—Disposition of proceeds.
Improvement bonds, warrants authorized.
Improvement bonds—Form, contents, execution.
Improvement bonds—Issuance—Sale—Deposit of proceeds.
Improvement bonds—Guaranty fund.
Improvement bonds—Guaranty fund in certain counties—
Operation.
Improvement bonds—Guaranty fund assets may be transferred to county general fund—When.
Improvement bonds—Repayment restricted to special
funds—Remedies of bond owner—Notice of restrictions.
Improvement bonds—Remedies of bond owners—
Enforcement.
Assessment where bonds issued—Payment in installments.
Assessment where bonds issued—Payment in cash—Notice
of assessment.
Assessment where bonds issued—Payment in cash during
installment period—Duties of county treasurer—Use of
funds.
Limitation of actions.
Refunding bonds—Limitations.
District costs and expenses—What to include.
District costs and expenses—Credit or reduction of assessments.
Acquisition of property—Eminent domain.
Construction or improvement—Supervision—Contracts—
Standards.
Warrants—Issuance—Priority—Acceptance.
Participation of county road fund—Arrangements with other
public agencies, private utilities.
Maintenance—Expense.
State, county, school, municipal corporation lands—
Assessment—Recipients of notices, ballots.
Signatures on petitions, ballots, objections—Determining
sufficiency.
Consolidated road improvement districts—Establishment—
Bonds.
Safeguarding open canals or ditches—Assessments and
benefits.
Safeguarding open canals or ditches—Authority.
Safeguarding open canals or ditches—Installation and construction—Costs.
Underground electric and communication facilities, installation or conversion to—Declaration of public interest and
purpose.
Underground electric and communication facilities, installation or conversion to—Definitions.
[Title 36 RCW—page 245]
Chapter 36.88
Title 36 RCW: Counties
36.88.430
Underground electric and communication facilities, installation or conversion to—Powers of county relating to—
Contracts—County road improvement districts—Special
assessments.
36.88.440 Underground electric and communication facilities, installation or conversion to—Contracts with electric and communication utilities—Authorized—Provisions.
36.88.450 Underground electric and communication facilities, installation or conversion to—Notice to owners to convert
service lines to underground—Objections—Hearing—
Time limitation for conversion.
36.88.460 Underground electric and communication facilities, installation or conversion to—Utility conversion guaranty
fund—Establishment authorized—Purpose—Deposits—
Investments.
36.88.470 Underground electric and communication facilities, installation or conversion to—Utility conversion guaranty
fund—Operation.
36.88.480 Underground electric and communication facilities, installation or conversion to—Applicability of general provisions relating to county road improvement districts.
36.88.485 Underground electric and communication facilities, installation or conversion to—Recording of underground utility
installations.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
36.88.010 Districts authorized—Purposes. All
counties have the power to create county road improvement
districts for the acquisition of rights of way and improvement of county roads, existing private roads that will become
county roads as a result of this improvement district process
and, with the approval of the state department of transportation, state highways; for the construction or improvement of
necessary drainage facilities, bulkheads, retaining walls, and
other appurtenances therefor, bridges, culverts, sidewalks,
curbs and gutters, escalators, or moving sidewalks; and for
the draining or filling of drainage potholes or swamps. Such
counties have the power to levy and collect special assessments against the real property specially benefited thereby
for the purpose of paying the whole or any part of the cost
of such acquisition of rights of way, construction, or improvement. [1985 c 400 § 3; 1985 c 369 § 7; 1965 c 60 §
1; 1963 c 84 § 1; 1963 c 4 § 36.88.010. Prior: 1959 c 134
§ 1; 1951 c 192 § 1.]
Reviser’s note: This section was amended by 1985 c 369 § 7 and by
1985 c 400 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
County may fund improvements to state highways: RCW 36.75.035.
36.88.015 Additional purposes. All counties have the
power to create county road improvement districts for the
construction, installation, improvement, operation, and
maintenance of street and road lighting systems for any
county roads, and subject to the approval of the state
department of transportation, for state highways, and for
safeguards to protect the public from hazards of open canals,
flumes, or ditches, and the counties have the power to levy
and collect special assessments against the real property
specially benefited thereby for the purpose of paying the
whole or any part of the cost of the construction, installation,
or improvement together with the expense of furnishing
electric energy, maintenance, and operation. [1984 c 7 § 41;
[Title 36 RCW—page 246]
1965 c 60 § 2; 1963 c 84 § 2; 1963 c 4 § 36.88.015. Prior:
1959 c 75 § 4; 1953 c 152 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
36.88.020 Formation of district—How initiated.
County road improvement districts may be initiated either by
resolution of the board of county commissioners or by
petition signed by the owners according to the records of the
office of the county auditor of property to an aggregate
amount of the majority of the lineal frontage upon the
contemplated improvement and of the area within the limits
of the county road improvement district to be created
therefor. [1963 c 4 § 36.88.020. Prior: 1951 c 192 § 2.]
36.88.030 Formation of district—By resolution of
intention—Procedure. In case the board of county commissioners shall desire to initiate the formation of a county
road improvement district by resolution, it shall first pass a
resolution declaring its intention to order such improvement,
setting forth the nature and territorial extent of such proposed improvement, designating the number of the proposed
road improvement district and describing the boundaries
thereof, stating the estimated cost and expense of the
improvement and the proportionate amount thereof which
will be borne by the property within the proposed district,
notifying the owners of property therein to appear at a
meeting of the board at the time specified in such resolution,
and directing the county road engineer to submit to the board
at or prior to the date fixed for such hearing a diagram or
print showing thereon the lots, tracts and parcels of land and
other property which will be specially benefited thereby and
the estimated amount of the cost and expense of such
improvement to be borne by each lot, tract or parcel of land
or other property, and also designating thereon all property
which is being purchased under contract from the county.
The resolution of intention shall be published in at least two
consecutive issues of a newspaper of general circulation in
such county, the date of the first publication to be at least
fifteen days prior to the date fixed by such resolution for
hearing before the board of county commissioners.
Notice of the adoption of the resolution of intention
shall be given each owner or reputed owner of any lot, tract
or parcel of land or other property within the proposed
improvement district by mailing said notice to the owner or
reputed owner of the property as shown on the tax rolls of
the county treasurer at the address shown thereon at least
fifteen days before the date fixed for the public hearing.
The notice shall refer to the resolution of intention and
designate the proposed improvement district by number.
Said notice shall also set forth the nature of the proposed
improvement, the total estimated cost, the proportion of total
cost to be borne by assessments, the estimated amount of the
cost and expense of such improvement to be borne by the
particular lot, tract or parcel, the date and place of the
hearing before the board of county commissioners, and shall
contain the directions hereinafter provided for voting upon
the formation of the proposed improvement district.
The clerk of the board shall prepare and mail, together
with the notice above referred to, a ballot for each owner or
reputed owner of any lot, tract or parcel of land within the
(2002 Ed.)
County Road Improvement Districts
proposed improvement district. This ballot shall contain the
following proposition:
"Shall . . . . . . county road improvement
district No. . . . . be formed?
Yes . . . . . . . . . . . . . . . . . . . . . .
No . . . . . . . . . . . . . . . . . . . . . . . "
and, in addition, shall contain appropriate spaces for the
signatures of the property owners, and a description of their
property, and shall have printed thereon the direction that all
ballots must be signed to be valid and must be returned to
the clerk of the board of county commissioners not later than
five o’clock p.m. of a day which shall be one week after the
date of the public hearing.
The notice of adoption of the resolution of intention
shall also contain the above directions, and, in addition
thereto, shall state the rules by which the election shall be
governed. [1970 ex.s. c 66 § 2; 1963 c 84 § 3; 1963 c 4 §
36.88.030. Prior: 1951 c 192 § 3.]
36.88.035 Notice must contain statement that
assessments may vary from estimates. Any notice given
to the public or to the owners of specific lots, tracts, or
parcels of land relating to the formation of a county road
improvement district shall contain a statement that actual
assessments may vary from assessment estimates so long as
they do not exceed a figure equal to the increased true and
fair value the improvement adds to the property. [1989 c
243 § 5.]
36.88.040 Formation of district—By resolution of
intention—Election—Rules. The election provided herein
for cases where the improvement is initiated by resolution
shall be governed by the following rules: (1) All ballots
must be signed by the owner or reputed owner of property
within the proposed district according to the records of the
county auditor; (2) each ballot must be returned to the clerk
of the board not later than one week after the public hearing;
(3) each property owner shall have one vote for each full
dollar of estimated assessment against his property as
determined by the preliminary estimates and assessment roll;
(4) the valid ballots shall be tabulated and a majority of the
votes cast shall determine whether the formation of the
district shall be approved or rejected. [1963 c 4 § 36.88.040.
Prior: 1951 c 192 § 4.]
36.88.050 Formation of district—By petition—
Procedure. In case any such road improvement shall be
initiated by petition, such petition shall set forth the nature
and territorial extent of such proposed improvement, and the
fact that the signers thereof are the owners, according to the
records of the county auditor of property to an aggregate
amount of a majority of the lineal frontage upon the improvement to be made and of the area within the limits of
the assessment district to be created therefor.
Upon the filing of such petition the board shall determine whether the same shall be sufficient and whether the
property within the proposed district shall be sufficiently
developed and if the board shall find the district to be
sufficiently developed and the petition to be sufficient, it
shall proceed to adopt a resolution setting forth the nature
(2002 Ed.)
36.88.030
and territorial extent of the improvement petitioned for,
designating the number of the proposed improvement district
and describing the boundaries thereof, stating the estimated
cost and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed district, notifying the owners of property
therein to appear at a meeting of the board at the time
specified in such resolution, and directing the county road
engineer to submit to the board at or prior to the date fixed
for such hearing a diagram or print showing thereon the lots,
tracts and parcels of land and other property which will be
specially benefited thereby and the estimated amount of the
cost and expense of such improvement to be borne by each
lot, tract or parcel of land or other property, and also
designating thereon all property which is being purchased
under contract from the county. The resolution of intention
shall be published in at least two consecutive issues of a
newspaper of general circulation in such county, the date of
the first publication to be at least fifteen days prior to the
date fixed by such resolution for hearing before the board of
county commissioners.
Notice of the adoption of the resolution of intention
shall be given each owner or reputed owner of any lot, tract
or parcel of land or other property within the proposed
improvement district by mailing said notice to the owner or
reputed owner of the property as shown on the tax rolls of
the county treasurer at the address shown thereon at least
fifteen days before the date fixed for the public hearing.
The notice shall refer to the resolution of intention and
designate the proposed improvement district by number.
Said notice shall also set forth the nature of the proposed
improvement, the total estimated cost, the proportion of total
cost to be borne by assessments, the estimated amount of the
cost and expense of such improvement to be borne by the
particular lot, tract or parcel, the date and place of the
hearing before the board of county commissioners, and the
fact that property owners may withdraw their names from
the petition or add their names thereto at any time prior to
five o’clock p.m. of the day before the hearing. [1963 c 4
§ 36.88.050. Prior: 1951 c 192 § 5.]
36.88.060 Formation of district—Hearing—
Resolution creating district. Whether the improvement is
initiated by petition or resolution the board shall conduct a
public hearing at the time and place designated in the notice
to property owners. At this hearing, the board may make
such changes in the boundaries of the district or such
modifications in the plans for the proposed improvement as
shall be deemed necessary: PROVIDED, That the board
may neither so alter the improvement as to increase the
estimated cost by an amount greater than ten percent above
that stated in the notice, nor increase the proportionate share
of the cost to be borne by assessments from the proportion
stated in the notice, nor change the boundaries of the district
to include property not previously included therein without
first passing a new resolution of intention and giving a new
notice to property owners, in the manner and form and
within the time herein provided for the original notice.
At said hearing, the board shall select the method of
assessment, ascertain whether the plan of improvement or
construction is feasible and whether the benefits to be
[Title 36 RCW—page 247]
36.88.060
Title 36 RCW: Counties
derived therefrom by the property within the proposed district, together with the amount of any county road fund
participation, exceed the costs and expense of the formation
of the proposed district and the contemplated construction or
improvement and shall make a written finding thereon. In
case the proceedings have been initiated by petition, the
board shall find whether the petition including all additions
thereto or withdrawals therefrom made prior to five o’clock
p.m. of the day before the hearing is sufficient within the
boundaries of the district so established at said hearing by
the board. If said petition shall be found insufficient the
board shall by resolution declare the proceedings terminated.
In case the proceedings have been initiated by resolution if
the board shall find the improvement to be feasible, it shall
continue the hearing until a day not more than fifteen days
after the date for returning ballots for the purpose of determining the results of said balloting.
After the hearing the board may proceed to adopt a
resolution creating the district and ordering the improvement.
Such resolution shall establish such district as the ". . . . . .
county road improvement district No. . . . ." Such resolution
shall describe the nature and territorial extent of the improvement to be made and the boundaries of the improvement district, shall describe the method of assessment to be
used, shall declare the estimated cost and the proportion
thereof to be borne by assessments, and shall contain a
finding as to the result of the balloting by property owners
in case the improvement shall have been initiated by
resolution.
Upon the adoption of the resolution establishing the
district, the board shall have jurisdiction to proceed with the
improvement. The board’s findings on the sufficiency of
petitions or on the results of the balloting shall be conclusive
upon all persons. [1963 c 84 § 4; 1963 c 4 § 36.88.060.
Prior: 1951 c 192 § 6.]
36.88.062 Formation of district—Committee or
hearing officer may conduct hearings—Report to legislative authority. In lieu of the county legislative authority
holding the hearing under RCW 36.88.060 to create the road
improvement district, the county legislative authority may
adopt an ordinance providing for a committee of the county
legislative authority or an officer to conduct the hearings.
The committee or hearing officer shall report recommendations on the resolution to the full county legislative authority
for final action, which need not hold a hearing on the
proposed assessment role and shall either adopt or reject the
recommendations. [1994 c 71 § 3.]
36.88.065 Formation of district—Alternative
method. If the county legislative authority desires to initiate
the formation of a county road improvement district by
resolution, it may elect to follow either the procedure set
forth in chapter 35.43 RCW or the procedure set forth in
RCW 36.88.030, and shall indicate the procedure selected in
the resolution of intention. [1985 c 369 § 10.]
36.88.070 Diagram only preliminary determination.
The diagram or print herein directed to be submitted to the
board shall be in the nature of a preliminary determination
upon the method, and estimated amounts, of assessments to
[Title 36 RCW—page 248]
be levied upon the property specially benefited by such
improvement and shall in no case be construed as being
binding or conclusive as to the amount of any assessments
which may ultimately be levied. [1963 c 4 § 36.88.070.
Prior: 1951 c 192 § 7.]
36.88.072 Waivers of protest—Recording—Limits
on enforceability. If an owner of property enters into an
agreement with a county waiving the property owner’s right
under RCW 36.88.030, 36.88.040, 36.88.050, 36.88.060, and
36.88.065 to protest formation of a road improvement
district, the agreement must specify the improvements to be
financed by the district and shall set forth the effective term
of the agreement, which shall not exceed ten years. The
agreement must be recorded with the auditor of the county
in which the property is located. It is against public policy
and void for an owner, by agreement, as a condition imposed
in connection with proposed property development, or
otherwise, to waive rights to object to the property owner’s
individual assessment (including the determination of special
benefits allocable to the property), or to appeal to the
superior court the decision of the county council affirming
the final assessment roll. [1988 c 179 § 12.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.88.074 Preformation expenditures. The county
engineer or other designated official may contract with
owners of real property to provide for payment by the owners of the cost of the preparation of engineering plans,
surveys, studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or
in part by a local improvement district (not including the
cost of actual construction of such improvements), that the
owners elect to undertake. The contract may provide for
reimbursement to the owner of such costs from the proceeds
of bonds issued by the district after formation of a district
under this chapter, from assessments paid to the district as
appropriate, or by a credit in the amount of such costs
against future assessments assessed against such property.
Such reimbursement shall be made to the owner of the
property at the time of reimbursement. The contract shall
also provide that such costs shall not be reimbursed to the
owner if a district to construct the specified improvements
(as the project may be amended) is not formed within six
years of the date of the contract. The contract shall provide
that any preformation work shall be conducted only under
the direction of the county engineer or other appropriate
county authority. [1988 c 179 § 13.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.88.076 Credits for other assessments. A county
ordering a road improvement upon which special assessments on property specifically benefited by the improvements are levied and collected, may provide as part of the
ordinance creating the road improvement district that moneys
paid or the cost of facilities constructed by a property owner
in the district in satisfaction of obligations under chapter
39.92 RCW, shall be credited against assessments due from
the owner of such property at the time the credit is made, if
(2002 Ed.)
County Road Improvement Districts
those moneys paid or facilities constructed directly defray
the cost of the specified improvements under the district and
if credit for such amounts is reflected in the final assessment
roll confirmed for the district. [1988 c 179 § 14.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.88.078 Assessment reimbursement accounts. A
county ordering a road improvement upon which special
assessments on property specifically benefited by the
improvement are levied and collected, may provide as part
of the ordinance creating the road improvement district that
the payment of an assessment levied for the district on
underdeveloped properties may be made by owners of other
properties within the district if they so elect, subject to terms
of reimbursement set forth in the ordinance. The terms for
reimbursement shall require the owners of underdeveloped
properties on whose behalf payments of assessments have
been made to reimburse all such assessment payments to the
party who made them when those properties are developed
or redeveloped, together with interest at a rate specified in
the ordinance. The ordinance may provide that reimbursement shall be made on a one-time, lump sum basis, or may
provide that reimbursement shall be made over a period not
to exceed five years. The ordinance may provide that
reimbursement shall be made no later than the time of
dissolution of the district, or may provide that no reimbursement is due if the underdeveloped properties are not developed or redeveloped before the dissolution of the district.
Reimbursement amounts due from underdeveloped properties
under this section are liens upon the underdeveloped properties in the same manner and with like effect as assessments
made under this chapter. For the purposes of this section,
"underdeveloped properties" may include those properties
that, in the discretion of the county legislative authority, (1)
are undeveloped or are not developed to their highest and
best use, and (2) are likely to be developed or redeveloped
before the dissolution of the district. [1988 c 179 § 15.]
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
36.88.080 Property included in district—Method of
assessment—Assessment limited by benefit. Every
resolution ordering any improvement mentioned in this chapter, payment for which shall be in whole or in part by
special assessments shall establish a road improvement
district which shall embrace as near as may be all the
property specially benefited by such improvement and the
board shall apply thereto such method of assessment as shall
be deemed most practical and equitable under the conditions
prevailing: PROVIDED, That no assessment as determined
by the board of commissioners shall be levied which shall be
greater than the special benefits derived from the improvements. [1963 c 84 § 5; 1963 c 4 § 36.88.080. Prior: 1951
c 192 § 8.]
36.88.085 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
(2002 Ed.)
36.88.076
36.88.090 Assessment roll—Hearing—Notice—
Objections—New hearing. Whenever the assessment roll
for any county road improvement district has been prepared,
such roll shall be filed with the clerk of the county legislative authority. The county legislative authority shall thereupon by resolution set the date for hearing upon such roll
before a board of equalization and direct the clerk to give
notice of such hearing and the time and place thereof.
Such notice shall specify such time and place of hearing
on such roll and shall notify all persons who may desire to
object thereto to make such objection in writing and to file
the same with the clerk of the county legislative authority at
or prior to the date fixed for such hearing; and that at the
time and place fixed and at such other times as the hearing
may be continued to, the county legislative authority will sit
as a board of equalization for the purpose of considering
such roll and at such hearing will consider such objections
made thereto, or any part thereof, and will correct, revise,
raise, lower, change, or modify such roll or any part thereof,
or set aside such roll in order that such assessment be made
de novo as to such body shall appear just and equitable and
then proceed to confirm the same by resolution.
Notice of the time and place of hearing under such
assessment roll shall be given to the owner or reputed owner
of the property whose name appears thereon, by mailing a
notice thereof at least fifteen days before the date fixed for
the hearing to such owner or reputed owner at the address of
such owner as shown on the tax rolls of the county treasurer;
and in addition thereto such notice shall be published at least
two times in a newspaper of general circulation in the
county. At least fifteen days must elapse between the date
of the first publication of the notice and the date fixed for
such hearing. However, mosquito control districts are only
required to give notice by publication.
The board of equalization, at the time fixed for hearing
objections to the confirmation of the roll, or at such time or
times as the hearing may be adjourned to, has power to
correct, revise, raise, lower, change, or modify the roll or
any part thereof, and to set aside the roll in order that the
assessment be made de novo as to the board appears
equitable and just, and then shall confirm the same by
resolution. All objections shall be in writing and filed with
the board and shall state clearly the grounds objected to, and
objections not made within the time and in the manner
described in this section shall be conclusively presumed to
have been waived.
Whenever any such roll is amended so as to raise any
assessments appearing thereon, or to include property subject
to assessment which has been omitted from the assessment
roll for any reason, a new hearing, and a new notice of
hearing upon such roll, as amended, shall be given as in the
case of an original hearing. At the conclusion of such
hearing the board may confirm the same or any portion
thereof by resolution and certify the same to the treasurer for
collection. Whenever any property has been entered originally on such roll, and the assessment upon such property
shall not be raised, no objections to it may be considered by
the board or by any court on appeal, unless such objections
are made in writing at or prior to the date fixed for the
original hearing upon such roll. [1985 c 369 § 8; 1972 ex.s.
c 62 § 1; 1963 c 4 § 36.88.090. Prior: 1951 c 192 § 9.]
[Title 36 RCW—page 249]
36.88.095
Title 36 RCW: Counties
36.88.095 Assessment roll—Committee or officer
may conduct hearing—Recommendations to legislative
authority—Appeals. In lieu of the county legislative
authority holding the hearing on assessment roll under RCW
36.88.090 as the board of equalization, the county legislative
authority may adopt an ordinance providing for a committee
of the county legislative authority or an officer to conduct
the hearing on the assessment roll as the board of equalization.
A committee or an officer that sits as a board of
adjustment [equalization] shall conduct a hearing on the
proposed assessment roll and shall make recommendations
to the full county legislative authority, which need not hold
a hearing on the proposed assessment roll and shall either
adopt or reject the recommendations. The ordinance shall
provide for an appeal procedure by which a property owner
may protest his or her assessment that is proposed by the
committee or officer to the full county legislative authority
and the full county legislative authority may reject or accept
any appealed protested assessment and if accepted shall
modify the assessment roll accordingly. [1994 c 71 § 4.]
36.88.100 Appeal—Reassessment. The decision of
the board upon any objections made within the time and in
the manner herein prescribed may be reviewed by the
superior court upon an appeal taken thereto in the manner
provided for taking appeals from objections in local improvement districts of cities and towns.
The board shall have the same powers of reassessment
and shall proceed to make such reassessments in the same
manner and subject to the same limitations as are provided
by law for the making of reassessments in local improvement districts of cities and towns. [1963 c 4 § 36.88.100.
Prior: 1951 c 192 § 10.]
36.88.110 Assessment roll—Conclusive. Whenever
any assessment roll for construction or improvements shall
have been confirmed by the board, as provided in this
chapter, the regularity, validity and correctness of the proceedings relating to such construction or improvement and
to the assessment therefor, including the action of the board
on such assessment roll and the confirmation thereof, shall
be conclusive in all things upon all parties and cannot in any
manner be contested or questioned in any proceeding
whatsoever by any person not filing written objection to such
roll in the manner and within the time provided in this
chapter, and not appealing from the action of the board in
confirming such assessment roll in the manner and within
the time provided in this chapter. No proceedings of any
kind shall be commenced or prosecuted for the purpose of
defeating or contesting any such assessment or for the sale
of any property to pay such assessment or any certificate of
delinquency issued therefor or the foreclosure of any lien
issued therefor, but this section shall not be construed as
prohibiting the bringing of injunction proceedings to prevent
the sale of any real estate upon the grounds that the property
about to be sold does not appear upon the assessment roll,
or that the assessment has been paid. [1963 c 4 § 36.88.110.
Prior: 1951 c 192 § 11.]
[Title 36 RCW—page 250]
36.88.120 Assessment is lien on property—
Superiority. The charge on the respective lots, tracts,
parcels of land and other property for the purpose of special
assessment to pay the cost and expense in whole or in part
of any construction or improvement authorized in this
chapter, when assessed, and the assessment roll confirmed by
the board shall be a lien upon the property assessed from the
time said assessment rolls shall be placed in the hands of the
county treasurer for collection. Said liens shall be paramount and superior to any other lien or encumbrance
whatsoever, theretofore or thereafter created, except a lien
for general taxes. [1963 c 4 § 36.88.120. Prior: 1951 c
192 § 12.]
36.88.130 County treasurer—Duties. The county
treasurer is hereby designated as the treasurer of all county
road improvement districts created hereunder, and shall
collect all road improvement district assessments, and the
duties and responsibilities herein imposed upon him shall be
among the duties and responsibilities of his office for which
his bond is given as county treasurer. [1963 c 4 §
36.88.130. Prior: 1951 c 192 § 13.]
36.88.140 Payment of assessment—Delinquent
assessments—Penalties—Lien foreclosure. The county
legislative authority shall prescribe by resolution within what
time such assessment or installments thereof shall be paid,
and shall provide for the payment and collection of interest
and the rate of interest to be charged on that portion of any
assessment which remains unpaid over thirty days after such
date. Assessments or installments thereof which are delinquent, shall bear, in addition to such interest, such penalty
not less than five percent as shall be prescribed by resolution. Interest and penalty shall be included in and shall be
a part of the assessment lien. All liens acquired by the
county hereunder shall be foreclosed by the appropriate
county officers in the same manner and subject to the same
rights of redemption provided by law for the foreclosure of
liens held by cities or towns against property in local
improvement districts. [1981 c 156 § 11; 1970 ex.s. c 66 §
3; 1963 c 4 § 36.88.140. Prior: 1951 c 192 § 14.]
36.88.145 Property donations—Credit against
assessments. The county legislative authority may give
credit for all or any portion of any property donation against
an assessment, charge, or other required financial contribution for transportation improvements within a county road
improvement district. The credit granted is available against
any assessment, charge, or other required financial contribution for any transportation purpose that uses the donated
property. [1987 c 267 § 11.]
Severability—1987 c 267: See RCW 47.14.910.
Right of way donations: Chapter 47.14 RCW.
36.88.150 Payment of assessment—Record of.
Whenever before the sale of any property the amount of any
assessment thereon, with interest, penalty, costs and charges
accrued thereon, shall be paid to the treasurer, he shall
thereon mark the same paid with the date of payment thereof
on the assessment roll. [1963 c 4 § 36.88.150. Prior: 1951
c 192 § 15.]
(2002 Ed.)
County Road Improvement Districts
36.88.160 District fund—Purposes—Bond redemptions. All moneys collected by the treasurer upon any
assessments under this chapter shall be kept as a separate
fund to known as ". . . . . ., county road improvement district
No. . . . . fund." Such funds shall be used for no other
purpose than the payment of costs and expense of construction and improvement in such district and the payment of
interest or principal of warrants and bonds drawn or issued
upon or against said fund for said purposes. Whenever after
payment of the costs and expenses of the improvement there
shall be available in the local improvement district fund a
sum, over and above the amount necessary to meet the
interest payments next accruing on outstanding bonds,
sufficient to retire one or more outstanding bonds the
treasurer shall forthwith call such bond or bonds for redemption. [1963 c 4 § 36.88.160. Prior: 1951 c 192 § 16.]
36.88.170 Foreclosed property—Held in trust for
district. Whenever any property shall be bid in by any
county or be stricken off to any county under and by virtue
of any proceeding for enforcement of the assessment
provided in this chapter said property shall be held in trust
by said county for the fund of the improvement district for
the creation of which fund said assessment was levied and
for the collection of which assessment said property was
sold: PROVIDED, Such county may at any time after the
procuring of a deed pay in to such fund the amount of the
delinquent assessment for which said property was sold and
all accrued interest and interest to the time of the next call
for bonds or warrants issued against such assessment fund at
the rate provided thereon, and thereupon shall take and hold
said property discharged of such trust: PROVIDED FURTHER, That property deeded to any county and which shall
become a part of the trust being exercised by the said county
for the benefit of any local improvement district fund of the
said county, shall be exempt from taxation for general, state,
county and municipal purposes during the period that it is so
held. [1963 c 4 § 36.88.170. Prior: 1951 c 192 § 17.]
36.88.180 Foreclosed property—Sale or lease—
Disposition of proceeds. Any county may at any time after
a deed is issued to it under and by virtue of any proceeding
mentioned in this chapter, lease or sell or convey any such
property at public or private sale for such price and on such
terms as may be determined by resolution of the board, and
all proceeds resulting from such sale shall ratably belong to
and be paid into the fund of the county road improvement
district or districts concerned after first reimbursing any fund
or funds having advanced any money on account of said
property. [1963 c 4 § 36.88.180. Prior: 1951 c 192 § 18.]
36.88.190 Improvement bonds, warrants authorized.
(1) The county legislative authority may provide for the
payment of the whole or any portion of the cost and expense
of any duly authorized road improvement by bonds and/or
warrants of the improvement district which bonds shall be
issued and sold as herein provided, but no bonds shall be
issued in excess of the cost and expense of the project nor
shall they be issued prior to twenty days after the thirty days
allowed for the payment of assessments without penalty or
interest.
(2002 Ed.)
36.88.160
(2) Notwithstanding subsection (1) of this section, such
bonds and warrants may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 93; 1963 c 4 §
36.88.190. Prior: 1951 c 192 § 19.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.200 Improvement bonds—Form, contents,
execution. (1) Such bonds shall be numbered from one
upwards consecutively, shall be in such denominations as
may be provided by the county legislative authority in the
resolution authorizing their issuance, shall mature on or
before a date not to exceed twenty-two years from and after
their date, shall bear interest at such rate or rates as authorized by the legislative authority payable annually or
semiannually as may be provided by the legislative authority,
shall be signed by the chairman of the legislative authority
and attested by the county auditor, shall have the seal of the
county affixed thereto, and shall be payable at the office of
the county treasurer or elsewhere as may be designated by
the legislative authority. Such bonds may be in any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030. In lieu of any signatures required in this
section, the bonds and any coupons may bear the printed or
engraved facsimile signatures of said officials.
Such bonds shall refer to the improvement for which
they are issued and to the resolution creating the road
improvement district therefor.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 94; 1980 c 100 § 5; 1970 ex.s.
c 56 § 55; 1969 ex.s. c 232 § 73; 1963 c 4 § 36.88.200.
Prior: 1951 c 192 § 20.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
36.88.210 Improvement bonds—Issuance—Sale—
Deposit of proceeds. (1) The bonds issued under the
provisions of this chapter may be issued to the contractor or
sold by the county legislative authority as authorized by the
resolution directing their issuance at not less than their par
value and accrued interest to the date of delivery. No bonds
shall be sold except at public sale upon competitive bids and
a notice calling for bids shall be published once a week for
two consecutive weeks in the official newspaper of the
county. Such notice shall specify a place and designate a
day and hour subsequent to the date of last publication
thereof when sealed bids will be received and publicly
opened for the purchase of said bonds. The proceeds of all
sales of bonds shall be deposited in the county road improvement district fund and applied to the cost and expense
of the district.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 95; 1963 c 4 § 36.88.210. Prior: 1951 c
192 § 21.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 36 RCW—page 251]
36.88.220
Title 36 RCW: Counties
36.88.220 Improvement bonds—Guaranty fund.
All counties may establish a fund for the purpose of guaranteeing to the extent of such fund and in the manner hereinafter provided, the payment of its road improvement district
bonds and warrants issued to pay for any road improvement
ordered under this chapter. If the county legislative authority
shall determine to establish such fund it shall be designated
". . . . . . county road improvement guaranty fund" and from
moneys available for road purposes such county shall deposit
annually in said guaranty fund such sums as may be necessary to establish and maintain a balance therein equal to at
least five percent of the outstanding obligations guaranteed
thereby and to make necessary provision in its annual budget
therefor. The moneys held in the guaranty fund may be
invested in accordance with the laws relating to county
investments. [1997 c 393 § 7; 1967 ex.s. c 145 § 63; 1963
c 4 § 36.88.220. Prior: 1959 c 134 § 2; 1951 c 192 § 22.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
36.88.230 Improvement bonds—Guaranty fund in
certain counties—Operation. Whenever there shall be paid
out of a guaranty fund any sum on account of principal or
interest of a road improvement district bond or warrant, the
county, as trustee for the fund, shall be subrogated to all the
rights of the owner of the bond or any interest coupon or
warrant so paid, and the proceeds thereof, or of the assessment underlying the same, shall become part of the guaranty
fund. There shall also be paid into each guaranty fund the
interest received from investment of the fund, as well as any
surplus remaining in any local improvement fund guaranteed
hereunder after the payment of all outstanding bonds or
warrants payable primarily out of such road improvement
fund. Warrants drawing interest at a rate or rates not to
exceed the rate determined by the county legislative authority shall be issued, as other warrants are issued by the county,
against a guaranty fund to meet any liability accruing against
it, and at the time of making its annual budget and tax levy
the county shall provide from funds available for road
purposes for the deposit in the guaranty fund of a sum
sufficient with other resources of such fund to pay warrants
so issued during the preceding fiscal year. As among the
several issues of bonds or warrants guaranteed by the fund
no preference shall exist, but defaulted bonds, interest
payments, and warrants shall be purchased out of the fund
in the order of their presentation.
Every county establishing a guaranty fund for road
improvement district bonds or warrants shall prescribe by
resolution appropriate rules and regulations for the maintenance and operation of the guaranty fund not inconsistent
herewith. So much of the money of a guaranty fund as is
necessary may be used to purchase underlying bonds or
warrants guaranteed by the fund, or to purchase certificates
of delinquency for general taxes on property subject to local
improvement assessments, or to purchase such property at
tax foreclosures, for the purpose of protecting the guaranty
fund. Said fund shall be subrogated to the rights of the
county, and the county, acting on behalf of said fund, may
foreclose the lien of general tax certificates of delinquency
and purchase the property at the foreclosure sale for the
account of said fund. Whenever the legislative authority of
any county shall so cause a lien of general tax certificates of
[Title 36 RCW—page 252]
delinquency to be foreclosed and the property to be so
purchased at a foreclosure sale, the court costs and costs of
publication and expenses for clerical work and/or other
expense incidental thereto, shall be chargeable to and
payable from the guaranty fund. After so acquiring title to
real property, a county may lease or sell and convey the
same at public or private sale for such price and on such
terms as may be determined by resolution of the county
legislative body, and all proceeds resulting from such sales
shall belong to and be paid into the guaranty fund. [1997 c
393 § 8; 1983 c 167 § 96; 1981 c 156 § 12; 1963 c 4 §
36.88.230. Prior: 1951 c 192 § 23.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.235 Improvement bonds—Guaranty fund
assets may be transferred to county general fund—When.
(1) Any county maintaining a local improvement guaranty
fund under this chapter, upon certification by the county
treasurer that the local improvement guaranty fund has sufficient funds currently on hand to meet all valid outstanding
obligations of the fund and all other obligations of the fund
reasonably expected to be incurred in the near future, may
by ordinance transfer assets from such fund to its general
fund. The net cash of the local improvement guaranty fund
may be reduced by such transfer to an amount not less than
five percent of the net outstanding obligations guaranteed by
such fund.
(2) If, at any time within five years of any transfer of
assets from the local improvement guaranty fund to the
general fund of the county, the net cash of the local improvement guaranty fund is reduced below the minimum
amount specified in subsection (1) of this section, the county
shall, to the extent of the amount transferred, pay valid
claims against the local improvement guaranty fund as a
general obligation of the county. In addition, such county
shall pay all reasonable costs of collection necessarily
incurred by the holders of valid claims against the local
improvement guaranty fund. [1991 c 245 § 12.]
36.88.240 Improvement bonds—Repayment restricted to special funds—Remedies of bond owner—Notice of
restrictions. The owner of any bond or warrant issued
under the provisions of this chapter shall not have any claim
therefor against the county by which the same is issued,
except for payment from the special assessments made for
the improvement for which said bond or warrant was issued
and except as against the improvement guaranty fund of such
county, and the county shall not be liable to any owner of
such bond or warrant for any loss to the guaranty fund
occurring in the lawful operation thereof by the county. The
remedy of the owner of a bond, or warrant in case of nonpayment, shall be confined to the enforcement of any
assessments made in such road improvement district and to
the guaranty fund. In case the bonds are guaranteed in
accordance herewith a copy of the foregoing part of this
section shall be plainly written, printed or engraved on each
bond issued and guaranteed hereunder. [1983 c 167 § 97;
1963 c 4 § 36.88.240. Prior: 1951 c 192 § 24.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
County Road Improvement Districts
36.88.250 Improvement bonds—Remedies of bond
owners—Enforcement. If the board fails to cause any
bonds to be paid when due or to promptly collect any assessments when due, the owner of any of the bonds may proceed
in his own name to collect the assessments and foreclose the
lien thereof in any court of competent jurisdiction and shall
recover in addition to the amount of the bonds outstanding
in his name, interest thereon at five percent per annum,
together with the costs of suit, including a reasonable
attorney’s fee to be fixed by the court. Any number of
owners of bonds for any single project may join as plaintiffs
and any number of the owners of property upon which the
assessments are liens may be joined as defendants in the
same suit. [1963 c 4 § 36.88.250. Prior: 1951 c 192 § 25.]
36.88.260 Assessment where bonds issued—
Payment in installments. In all cases where the board shall
issue bonds to pay the cost and expense of any county road
improvement district and shall provide that the whole or any
part of the cost and expense shall be assessed against the
lots, tracts, parcels of land, and other property therein, the
resolution levying such assessment shall provide that the sum
charged thereby against each lot, tract, or parcel of land or
any portion of said sum may be paid during the thirty day
period provided for in RCW 36.88.270 and that thereafter
the sum remaining unpaid may be paid in equal annual
installments, the number of which installments shall be less
by two than the number of years which the bonds issued to
pay for the improvement may run. Interest upon all unpaid
installments shall be charged at a rate fixed by said resolution. Each year such installments together with interest due
thereon shall be collected in the manner provided in the
resolution for the collection of the assessments. [1963 c 4
§ 36.88.260. Prior: 1951 c 192 § 26.]
36.88.270 Assessment where bonds issued—
Payment in cash—Notice of assessment. The owner of
any lot, tract, or parcel of land, or other property charged
with any such assessments may redeem the same from all or
any portion of the liability for the cost and expense of such
improvement by paying the entire assessment or any portion
thereof charged against such lot, tract, or parcel of land
without interest within thirty days after notice to him of such
assessment, which notice shall be given as follows: The
county treasurer shall, as soon as the assessment roll has
been placed in his hands for collection, publish a notice for
two consecutive daily or weekly issues in the official
newspaper of the county in which the district is located,
which notice shall state that the assessment roll is in his
hands for collection and that any assessment thereon or any
portion of such assessment may be paid at any time within
thirty days from the date of the first publication of said
notice without penalty interest or costs. [1963 c 4 §
36.88.270. Prior: 1951 c 192 § 27.]
36.88.280 Assessment where bonds issued—
Payment in cash during installment period—Duties of
county treasurer—Use of funds. The owners of any lot,
tract, or parcel of land may save the same from all liability
for the unpaid amount of the assessment, at any time after
(2002 Ed.)
36.88.250
the thirty-day period herein provided for their payment
without interest, by paying the entire amount or all installments on said assessment together with all interest due to the
date of maturity of any installment next falling due. All
such payments shall be made to the county treasurer whose
duty it shall be to collect all assessments under this chapter
and all sums so paid or collected shall be applied solely to
the payment of the cost and expense of the district and
payment of principal and/or interest of any bonds issued.
[1963 c 4 § 36.88.280. Prior: 1951 c 192 § 28.]
36.88.290 Limitation of actions. An action to collect
any special assessment or installment thereof for road
improvements, or to enforce the lien of any such assessment
or installment, whether such action be brought by the county
or by the holder of any certificate of delinquency, or by any
other person having the right to bring such action, shall be
commenced within ten years after such assessment shall have
become delinquent or within ten years after the last installment of any such assessment shall have become delinquent,
when said special assessment is payable in installments.
Actions to set aside or cancel any deed issued after
midnight, June 6, 1951, upon the sale of property for road
improvement assessments, or for the recovery of property
sold for delinquent road improvement assessments must be
brought within three years from and after date of the
issuance of such deed. [1963 c 4 § 36.88.290. Prior: 1951
c 192 § 29.]
36.88.295 Refunding bonds—Limitations. The
legislative authority of any county may issue and sell bonds
to refund outstanding road improvement district or consolidated road improvement district bonds issued after June
7, 1984, on the earliest date such outstanding bonds may be
redeemed following the date of issuance of such refunding
bonds. Such refunding shall be subject to the following:
(1) The refunding shall result in a net interest cost
savings after paying the costs and expenses of the refunding,
and the principal amount of the refunding bonds may not
exceed the principal balance of the assessment roll or rolls
pledged to pay the bonds being refunded at the time of the
refunding.
(2) The refunding bonds shall be paid from the same
local improvement fund or bond redemption fund as the
bonds being refunded.
(3) The costs and expenses of the refunding shall be
paid from the proceeds of the refunding bonds, or the same
road improvement district fund or bond redemption fund for
the bonds being refunded, except the county may advance
such costs and expenses to such fund pending the receipt of
assessment payments available to reimburse such advances.
(4) The last maturity of refunding bonds shall be no
later than one year after the last maturity of bonds being
refunded.
(5) The refunding bonds may be exchanged for the
bonds being refunded or may be sold in the same manner
permitted at the time of sale for road improvement district
bonds.
(6) All other provisions of law applicable to the refunded bonds shall apply to the refunding bonds. [1984 c 186 §
67.]
[Title 36 RCW—page 253]
36.88.295
Title 36 RCW: Counties
Purpose—1984 c 186: See note following RCW 39.46.110.
36.88.300 District costs and expenses—What to
include. Whenever any district is organized hereunder, there
shall be included in the cost and expense thereof: (1) The
cost of all of the construction or improvement authorized in
the district, including that portion of the construction or
improvement within the limits of any street or road intersection, space or spaces; (2) the estimated costs and expenses
of all engineering and surveying necessary to be done by the
county engineer or under his direction or by such other
engineer as may be employed by the county commissioners;
(3) the cost of all advertising, mailing, and publishing of all
notices; (4) the cost of legal services and any other expenses
incurred by the county for the district or in the formation
thereof, or by the district in connection with such construction or improvement and in the financing thereof, including
the issuance of any bonds. [1963 c 4 § 36.88.300. Prior:
1951 c 192 § 30.]
36.88.305 District costs and expenses—Credit or
reduction of assessments. At its option, a county may
include the value of right of way or property that is donated
or given to the county for purposes of an improvement to be
financed by a road improvement district, together with the
costs of acquiring other rights of way or property for the
improvement that was not donated or given to the county, in
the costs of the improvement and credit or reduce the
assessments imposed on benefited property for the value of
the right of way or property that the owner of the benefited
property donated or gave to the county for the improvement.
[1991 c 363 § 90.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.88.310 Acquisition of property—Eminent
domain. All land, premises or property necessary for rightof-way or other purposes in the construction or improvement
of any county road, including bridges, sidewalks, curbs and
gutters and the drainage facilities therefor, under this chapter
may be acquired by the county acting through its board of
county commissioners, either by gift, purchase or by condemnation. In the event of any exercise of the power of
eminent domain, the procedure shall be the same as is
provided by law for the securing of right-of-way for county
roads. The title to all property acquired for any construction
or improvement under this chapter shall be taken in the
name of the county. The county commissioners in any
eminent domain action brought to secure any property for
construction or improvement under this chapter may pay any
final judgment entered in such action with county road funds
and take possession of the particular property condemned.
In the event of any such payment the county commissioners
may require that the county road fund be reimbursed out of
the particular county road improvement fund of the district
for which the property was acquired. [1963 c 4 § 36.88.310.
Prior: 1951 c 192 § 31.]
36.88.320 Construction or improvement—
Supervision—Contracts—Standards. All construction or
improvement performed under this chapter shall be under the
[Title 36 RCW—page 254]
direction of the board of county commissioners, acting by
and through the county road engineer, or such other engineer
as the board of county commissioners shall designate.
Contracts let and/or work performed upon all construction or
improvement hereunder shall be in accordance with the laws
pertaining to work upon county roads. The construction and
improvement standards of the respective counties for
engineering and performance of work, shall apply to all
construction or improvement under this chapter. [1963 c 4
§ 36.88.320. Prior: 1951 c 192 § 32.]
36.88.330 Warrants—Issuance—Priority—
Acceptance. The board may provide by resolution for the
issuance of warrants in payment of the costs and expenses of
any project, payable out of the county road improvement
fund. The warrants shall be redeemed either in cash or by
bonds for the same project authorized by the resolution.
All warrants issued against any such improvement fund
shall be claims and liens against said fund prior and superior
to any right, lien or claim of any surety upon the bond given
to the county by or for the contract to secure the performance of his contract or to secure the payment of persons
who have performed work thereon, furnished materials
therefor, or furnished provisions and supplies for the
carrying on of the work.
The county treasurer may accept warrants against any
county road improvement fund upon such conditions as the
board may prescribe in payment of: (1) Assessments levied
to supply that fund in due order of priority; (2) judgments
rendered against property owners who have become delinquent in the payment of assessments to that fund; and (3)
certificates of purchase in cases where property of delinquents has been sold under execution or at tax sale for failure to pay assessments levied to supply that fund. [1980 c
100 § 6; 1963 c 4 § 36.88.330. Prior: 1951 c 192 § 33.]
36.88.340 Participation of county road fund—
Arrangements with other public agencies, private utilities. Except as they may establish continuing guaranty fund
requirements, the board of county commissioners shall be the
sole judges as to the extent of county road fund participation
in any project under this chapter and the decisions of the
board shall be final; the said board may receive grants from
or contract with any other county, municipal corporation,
public agency or the state or federal government in order to
effect any construction or improvement hereunder, including
the construction, installation, improvement, operation,
maintenance of and furnishing electric energy for any street
and road lighting system, and to effect the construction,
installation, improvement, operation and maintenance of and
furnishing electric energy for any such street and road
lighting system, may contract with any private utility
corporation. [1963 c 4 § 36.88.340. Prior: 1953 c 152 § 2;
1951 c 192 § 34.]
36.88.350 Maintenance—Expense. After the completion of any construction or improvement under this chapter,
all maintenance thereof shall be performed by the county at
the expense of the county road fund, excepting furnishing
electric energy for and operating and maintaining street and
road lighting systems: PROVIDED, That maintenance of
(2002 Ed.)
County Road Improvement Districts
canal protection improvements may, at the option of the
board of commissioners of the county, be required of the
irrigation, drainage, flood control, or other district, agency,
person, corporation, or association maintaining the canal or
ditch. If such option is exercised reimbursement must be
made by the county for all actual costs of such maintenance.
[1963 c 4 § 36.88.350. Prior: 1959 c 75 § 8; 1953 c 152 §
3; 1951 c 192 § 35.]
36.88.360 State, county, school, municipal corporation lands—Assessment—Recipients of notices, ballots.
Lands owned by the state, county, school district or any
municipal corporation may be assessed and charged for road
improvements authorized under this chapter in the same
manner and subject to the same conditions as provided by
law for assessments against such property for local improvements in cities and towns.
All notices and ballots provided for herein affecting
state lands shall be sent to the department of natural resources whose designated agent is hereby authorized to sign
petitions or ballots on behalf of the state. In the case of
counties or municipal or quasi municipal bodies notices and
ballots shall be sent to the legislative authority of said
counties or municipality and petitions or ballots shall be
signed by the officer duly empowered to act by said legislative authority. [1963 c 4 § 36.88.360. Prior: 1951 c 192 §
36.]
36.88.370 Signatures on petitions, ballots, objections—Determining sufficiency. Wherever herein petitions,
ballots or objections are required to be signed by the owners
of property, the following rules shall govern the sufficiency
thereof: (1) The signature of the record owner as determined
by the records of the county auditor shall be sufficient
without the signature of his or her spouse; (2) in the case of
mortgaged property, the signature of the mortgagor shall be
sufficient; (3) in the case of property purchased on contract
the signature of the contract purchaser shall be deemed sufficient; (4) any officer of a corporation owning land in the
district duly authorized to execute deeds or encumbrances on
behalf of the corporation may sign on behalf of such
corporation: PROVIDED, That there shall be attached to the
ballot or petition a certified excerpt from the bylaws showing
such authority; (5) if any property in the district stands in the
name of a deceased person or any person for whom a
guardian has been appointed, the signature of the executor,
administrator or guardian as the case may be shall be
equivalent to the signature of the owner of the property.
[1963 c 84 § 6; 1963 c 4 § 36.88.370. Prior: 1951 c 192 §
37.]
36.88.375 Consolidated road improvement districts—Establishment—Bonds. For the purpose of issuing
bonds only, the governing body of any county may authorize
the establishment of consolidated road improvement districts.
The road improvements within such consolidated districts
need not be adjoining, vicinal, or neighboring. If the
governing body orders the creation of such consolidated road
improvement districts, the money received from the installment payments of the principal of and interest on
assessments levied within original road improvement districts
(2002 Ed.)
36.88.350
shall be deposited in a consolidated road improvement
district bond redemption fund to be used to redeem outstanding consolidated road improvement district bonds. The
issuance of bonds of a consolidated road improvement
district shall not change the number of assessment installments in the original road improvement districts, but such
bonds shall run two years longer than the longest assessment
installment of such original districts. [1981 c 313 § 19.]
Reviser’s note: 1981 c 313 § 19 directed that this section be placed
in chapter 36.89 RCW. Since this placement appears inappropriate, this
section has been codified as part of chapter 36.88 RCW.
Severability—1981 c 313: See note following RCW 36.94.020.
36.88.380 Safeguarding open canals or ditches—
Assessments and benefits. Whenever a county road
improvement district is established for the safeguarding of
open canals or ditches as authorized by RCW 36.88.015 the
rate of assessment per square foot in the district may be
determined by any one of the methods provided in chapter
35.44 RCW for similar improvements in cities or towns, and
the land specially benefited by such improvements shall be
the same as provided in chapter 35.43 RCW for similar
improvements in cities or towns. [1963 c 4 § 36.88.380.
Prior: 1959 c 75 § 5.]
36.88.390 Safeguarding open canals or ditches—
Authority. Every county shall have the right of entry upon
every irrigation, drainage, or flood control canal or ditch
right of way within its boundaries for all purposes necessary
to safeguard the public from the hazards of open canals or
ditches, including the right to clean such canals or ditches to
prevent their flooding adjacent lands, and the right to cause
to be constructed and maintained on such rights of way or
adjacent thereto safeguards as authorized by RCW
36.88.015: PROVIDED, That such safeguards must not
unreasonably interfere with maintenance of the canal or ditch
or with the operation thereof. [1963 c 4 § 36.88.390. Prior:
1959 c 75 § 6.]
36.88.400 Safeguarding open canals or ditches—
Installation and construction—Costs. Any county,
establishing a road improvement district for canal protection,
notwithstanding any laws to the contrary, may require the
district, agency, person, corporation, or association, public or
private, which operates and maintains the canal or ditch to
supervise the installation and construction of safeguards, and
must make reimbursement to said operator for all actual
costs incurred and expended. [1963 c 4 § 36.88.400. Prior:
1959 c 75 § 7.]
36.88.410 Underground electric and communication
facilities, installation or conversion to—Declaration of
public interest and purpose. It is hereby found and
declared that the conversion of overhead electric and
communication facilities to underground facilities and the
initial underground installation of such facilities is substantially beneficial to the public safety and welfare, is in the
public interest and is a public purpose, notwithstanding any
resulting incidental private benefit to any electric or communication utility affected by such conversion or installation.
[1971 ex.s. c 103 § 1; 1967 c 194 § 1.]
[Title 36 RCW—page 255]
36.88.410
Title 36 RCW: Counties
Severability—1967 c 194: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 c 194 § 9.]
Cities and towns, conversion of overhead electric and communication
facilities to underground facilities: Chapter 35.96 RCW.
36.88.420 Underground electric and communication
facilities, installation or conversion to—Definitions. As
used in RCW 36.88.410 through 36.88.480, unless specifically defined otherwise, or unless the context indicates otherwise:
"Conversion area" means that area in which existing
overhead electric and communication facilities are to be
converted to underground facilities pursuant to the provisions
of RCW 36.88.410 through 36.88.480.
"Electric utility" means any publicly or privately owned
utility engaged in the business of furnishing electric energy
to the public in all or part of the conversion area and
includes electrical companies as defined by RCW 80.04.010
and public utility districts.
"Communication utility" means any utility engaged in
the business of affording telephonic, telegraphic, cable
television or other communication service to the public in all
or part of the conversion area and includes telephone
companies and telegraph companies as defined by RCW
80.04.010. [1967 c 194 § 2.]
36.88.430 Underground electric and communication
facilities, installation or conversion to—Powers of county
relating to—Contracts—County road improvement
districts—Special assessments. Every county shall have the
power to contract with electric and communication utilities,
as hereinafter provided, for any or all of the following
purposes:
(1) The conversion of existing overhead electric facilities to underground facilities.
(2) The conversion of existing overhead communication
facilities to underground facilities.
(3) The conversion of existing street and road lighting
facilities to ornamental street and road lighting facilities to
be served from underground electrical facilities.
(4) The initial installation, in accordance with the
limitations set forth in RCW 36.88.015, or [of] ornamental
street and road lighting facilities to be served from underground electrical facilities.
(5) The initial installation of underground electric and
communication facilities.
(6) Any combination of the improvements provided for
in this section.
To provide funds to pay the whole or any part of the
cost of any such conversion or initial installation, together
with the expense of furnishing electric energy, maintenance
and operation to any ornamental street lighting facilities
served from underground electrical facilities, every county
shall have the power to create county road improvement
districts and to levy and collect special assessments against
the real property specially benefited by such conversion or
initial installation. For the purpose of ascertaining the
amount to be assessed against each lot or parcel of land
within any county road improvement district established
pursuant to RCW 36.88.410 through 36.88.480, in addition
[Title 36 RCW—page 256]
to other methods provided by law for apportioning special
benefits, the county commissioners may apportion all or part
of the special benefits accruing on a square footage basis or
on a per lot basis.
That portion of the assessments levied in any county
road improvement district to pay part of the cost of the
initial installation of underground electric and communication facilities shall not exceed the cost of such installation,
less the estimated cost of constructing overhead facilities
providing equivalent service. [1971 ex.s. c 103 § 2; 1967 c
194 § 3.]
36.88.440 Underground electric and communication
facilities, installation or conversion to—Contracts with
electric and communication utilities—Authorized—
Provisions. Every county shall have the power to contract
with electric and communication utilities for the conversion
of existing overhead electric and communication facilities to
underground facilities, for the conversion of existing street
and road lighting facilities to ornamental street and road
lighting facilities to be served from underground electrical
facilities[,] for the initial installation of ornamental street and
road lighting facilities to be served from underground
electrical facilities and for the initial installation of underground electric and communication facilities. Such contracts
may provide, among other provisions, any of the following:
(1) For the supplying and approval by the electric and
communication utilities of plans and specifications for such
conversion or installation;
(2) For the payment to the electric and communication
utilities for any work performed or services rendered by it in
connection with the conversion project or installation;
(3) For the payment to the electric and communication
utilities for the value of the overhead facilities removed
pursuant to the conversion;
(4) For ownership of the underground facilities and the
ornamental street and road lighting facilities by the electric
and communication utilities. [1971 ex.s. c 103 § 3; 1967 c
194 § 4.]
36.88.450 Underground electric and communication
facilities, installation or conversion to—Notice to owners
to convert service lines to underground—Objections—
Hearing—Time limitation for conversion. When service
from the underground electric and communication facilities
is available in all or part of a conversion area, the county
shall mail a notice to the owners of all structures or improvements served from the existing overhead facilities in
the area, which notice shall state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from
the existing overhead facilities within the area to any
structure or improvement must be disconnected and removed
within one hundred twenty days after the date of the mailing
of the notice;
(3) Should such owner fail to convert such service lines
from overhead to underground within one hundred twenty
days after the date of the mailing of the notice, the county
will order the electric and communication utilities to disconnect and remove the service lines;
(2002 Ed.)
County Road Improvement Districts
(4) Should the owner object to the disconnection and
removal of the service lines he may file his written objections thereto with the secretary of the board of county
commissioners within one hundred twenty days after the date
of the mailing of the notice and failure to so object within
such time will constitute a waiver of his right thereafter to
object to such disconnection and removal.
If the owner of any structure or improvement served
from the existing overhead electric and communication
facilities within a conversion area shall fail to convert to
underground the service lines from such overhead facilities
to such structure or improvement within one hundred twenty
days after the mailing to him of the notice, the county shall
order the electric and communication utilities to disconnect
and remove all such service lines: PROVIDED, That if the
owner has filed his written objections to such disconnection
and removal with the secretary of the board of county
commissioners within one hundred twenty days after the
mailing of said notice then the county shall not order such
disconnection and removal until after the hearing on such
objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the board of
county commissioners shall conduct a hearing to determine
whether the removal of all or any part of the service lines is
in the public benefit. The hearing shall be held at such time
as the board of county commissioners may establish for
hearings on such objections and shall be held in accordance
with the regularly established procedure set by the board.
The determination reached by the board of county commissioners shall be final in the absence of an abuse of discretion. [1967 c 194 § 5.]
36.88.460 Underground electric and communication
facilities, installation or conversion to—Utility conversion
guaranty fund—Establishment authorized—Purpose—
Deposits—Investments. Every county may establish a fund
for the purpose of guaranteeing to the extent of such fund
and in the manner hereinafter provided, the payment of its
county road improvement district bonds and warrants issued
to pay for the underground conversion of electric and
communication facilities and the underground conversion or
installation of ornamental road and street lighting facilities
ordered under this chapter. If the board of county commissioners shall determine to establish such fund it shall be
designated ". . . . . . utility conversion guaranty fund" and
from moneys available such county shall deposit annually in
said guaranty fund such sums as may be necessary to
establish and maintain a balance therein equal to at least five
percent of the outstanding obligations guaranteed thereby and
to make necessary provision in its annual budget therefor.
The moneys held in the guaranty fund may be invested in
certificates, notes, or bonds of the United States of America,
or in state, county, municipal or school district bonds, or in
warrants of taxing districts of the state; provided, only, that
such bonds and warrants shall be general obligations. [1967
c 194 § 6.]
36.88.470 Underground electric and communication
facilities, installation or conversion to—Utility conversion
guaranty fund—Operation. Whenever there shall be paid
(2002 Ed.)
36.88.450
out of the guaranty fund any sum on account of principal or
interest of a county road improvement district bond or
warrant, the county, as trustee for the fund, shall be subrogated to all the rights of the owner of the bond or any
interest coupon or warrant so paid, and the proceeds thereof,
or of the assessment underlying the same, shall become part
of the guaranty fund. There shall also be paid into each
guaranty fund the interest received from investments of the
fund, as well as any surplus remaining in any county road
improvement fund guaranteed hereunder after the payment
of all outstanding bonds or warrants payable primarily out of
such utility conversion county road improvement district
fund. Warrants drawing interest at a rate or rates not to
exceed the rate determined by the county legislative authority shall be issued, as other warrants are issued by the county,
against the guaranty fund to meet any liability accruing
against it, and at the time of making its annual budget and
tax levy the county shall provide from funds available for
the deposit in the guaranty fund of a sum sufficient with
other resources of such fund to pay warrants so issued
during the preceding fiscal year. As among the several
issues of bonds or warrants guaranteed by the fund no
preference shall exist, but defaulted bonds, interest payments,
and warrants shall be purchased out of the fund in the order
of their presentation.
Every county establishing a guaranty fund for utility
conversion road improvement district bonds or warrants shall
prescribe by resolution appropriate rules and regulations for
the maintenance and operation of such guaranty fund not
inconsistent herewith. So much of the money of a guaranty
fund as is necessary may be used to purchase underlying
bonds or warrants guaranteed by the fund, or to purchase
certificates of delinquency for general taxes on property
subject to local improvement assessments, or to purchase
such property at tax foreclosures, for the purpose of protecting the guaranty fund. The fund shall be subrogated to the
rights of the county and the county, acting on behalf of the
fund, may foreclose the lien of general tax certificates of
delinquency and purchase the property at the foreclosure sale
for the account of said fund. Whenever the legislative
authority of any county shall so cause a lien of general tax
certificates of delinquency to be foreclosed and the property
to be so purchased at a foreclosure sale, the court costs and
costs of publication and expenses for clerical work and/or
other expense incidental thereto, shall be chargeable to and
payable from the guaranty fund. After so acquiring title to
real property, a county may lease or sell and convey the
same at public or private sale for such price and on such
terms as may be determined by resolution of the county
legislative authority, and all proceeds resulting from such
sales shall belong to and be paid into the guaranty fund.
[1983 c 167 § 98; 1981 c 156 § 13; 1967 c 194 § 7.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.88.480 Underground electric and communication
facilities, installation or conversion to—Applicability of
general provisions relating to county road improvement
districts. Unless otherwise provided in RCW 36.88.410
through 36.88.480, the general provisions relating to county
road improvement districts shall apply to local improvements
[Title 36 RCW—page 257]
36.88.480
Title 36 RCW: Counties
authorized by RCW 36.88.410 through 36.88.480. [1967 c
194 § 8.]
36.88.485 Underground electric and communication
facilities, installation or conversion to—Recording of
underground utility installations. All installations of
underground utilities made on and after August 9, 1971 shall
be recorded on an "as constructed" map and filed with the
county engineer of the county in which the underground
utilities are installed. [1971 ex.s. c 103 § 4.]
Chapter 36.89
HIGHWAYS—OPEN SPACES—PARKS—OTHER
PUBLIC FACILITIES—STORM WATER CONTROL
Sections
36.89.010
36.89.020
36.89.030
Definitions.
Purpose.
Authority to establish, acquire, develop, construct, and improve highways, open spaces, parks, etc.
36.89.040
Issuance of general obligation bonds—Proposition submitted to voters.
36.89.042
Issuance of general obligation bonds—Payment from revenue—Additional method.
36.89.050
Participation by other governmental agencies.
36.89.060
Powers and authority are supplemental.
36.89.062
Power and authority of counties are supplemental.
36.89.080
Storm water control facilities—Rates and charges—Use.
36.89.085
Storm water control facilities—Public property subject to
rates and charges.
36.89.090
Storm water control facilities—Lien for delinquent charges.
36.89.092
Storm water control facilities—Alternative interest rate on
delinquent charges.
36.89.093
Storm water control facilities—Alternative procedures for
lien on delinquent charges.
36.89.094
Storm water control facilities—Alternative foreclosure procedures on lien on delinquent charges.
36.89.100
Storm water control facilities—Revenue bonds.
36.89.110
Storm water control facilities—Utility local improvement
districts—Assessments.
36.89.120
Storm water control facilities—Annexation, incorporation of
area by city or town—Imposition of rates and charges
by county.
36.89.900
Effective date—1967 c 109.
36.89.910
Severability—1967 c 109.
36.89.911
Severability—1970 ex.s. c 30.
Assessments and charges against state lands: Chapter 79.44 RCW.
36.89.010 Definitions. The words "governmental
agency" as used in this chapter mean the United States of
America, the state or any agency, subdivision, taxing district
or municipal or quasi municipal corporation thereof.
The word "highways" as used in this chapter means all
public roads, streets, expressways, parkways, scenic drives,
bridges and other public ways, including without limitation,
traffic control facilities, special lanes, turnouts or structures
in, upon, over or under such public ways for exclusive or
nonexclusive use by public transit vehicles, and landscaping,
visual and sound buffers between such public ways and
adjacent properties.
The words "open space, park, recreation and community
facilities" as used in this chapter mean any public facility,
improvement, development, property or right or interest
therein for public park, recreational, green belt, arboretum,
multi-purpose community center (as defined in RCW
35.59.010), museum, zoo, aquarium, auditorium, exhibition,
[Title 36 RCW—page 258]
athletic, historic, scenic, viewpoint, aesthetic, ornamental or
natural resource preservation purposes.
The words "public health and safety facilities" as used
in this chapter mean any public facility, improvement,
development, property or right or interest therein, made,
constructed or acquired for the purpose of protecting life
from disease or injury, enforcing the criminal and civil laws
or protecting property from damage caused by breach of law,
including but not limited to public hospitals, health laboratories, public health clinics or service centers, custodial,
correction or rehabilitation facilities, courtrooms, crime
laboratories, law enforcement equipment and facilities,
training facilities for specialized personnel, facilities for the
collection, storage, retrieval or communication of information, and mobile, support or administrative facilities, all
as necessary for the foregoing purpose, or any combination
of the facilities herein described.
The words "storm water control facilities" as used in
this chapter mean any facility, improvement, development,
property or interest therein, made, constructed or acquired
for the purpose of controlling, or protecting life or property
from, any storm, waste, flood or surplus waters wherever
located within the county, and shall include but not be
limited to the improvements and authority described in RCW
86.12.020 and chapters 86.13 and 86.15 RCW.
The word "county" as used in this chapter shall mean
any county of the state of Washington. [1970 ex.s. c 30 §
1; 1967 c 109 § 1.]
36.89.020 Purpose. The legislature finds that the
open spaces, park, recreation and community facilities,
public health and safety facilities, storm water control
facilities and highways within any county of this state,
whether located partly or wholly within or without the cities
and towns of such county are of general benefit to all of the
residents of such county. The open spaces, park, recreation
and community facilities within such county provide public
recreation, aesthetic, conservation and educational opportunities and other services and benefits accessible to all of
the residents of such county. The public health and safety
facilities within such county provide protection to life and
property throughout the county, are functionally inter-related
and affect the health, safety and welfare of all the residents
of such county. The storm water control facilities within
such county provide protection from storm water damage for
life and property throughout the county, generally require
planning and development over the entire drainage basins,
and affect the prosperity, interests and welfare of all the
residents of such county. The highways within such county,
whether under the general control of the county or the state
or within the limits of any incorporated city or town, provide
an inter-connected system for the convenient and efficient
movement of people and goods within such county. The use
of general county funds for the purpose of acquisition,
development, construction, or improvement of open space,
park, recreation and community facilities, public health and
safety facilities, storm water control facilities, or highways
or to participate with any governmental agency to perform
such purposes within such county pursuant to this chapter is
hereby declared to be a strictly county purpose. [1970 ex.s.
c 30 § 2; 1967 c 109 § 2.]
(2002 Ed.)
Highways—Open Spaces—Parks—Other Public Facilities—Storm Water Control
36.89.030 Authority to establish, acquire, develop,
construct, and improve highways, open spaces, parks, etc.
Counties are authorized to establish, acquire, develop,
construct, and improve open space, park, recreation, and
community facilities, public health and safety facilities,
storm water control facilities, and highways or any of them
pursuant to the provisions of this chapter within and without
the cities and towns of the county and for such purposes
have the power to acquire lands, buildings and other facilities by gift, grant, purchase, condemnation, lease, devise, and
bequest, to construct, improve, or maintain buildings,
structures, and facilities necessary for such purposes, and to
use and develop for such purposes the air rights over and the
subsurface rights under any highway. The approval of the
state department of transportation shall be first secured for
such use and development of any state highway. For visual
or sound buffer purposes the county shall not acquire by
condemnation less than an owner’s entire interest or right in
the particular real property to be so acquired if the owner
objects to the taking of a lesser interest or right. [1984 c 7
§ 42; 1970 ex.s. c 30 § 3; 1967 c 109 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by counties: RCW 64.04.130.
Flood control, county powers: RCW 86.12.020.
36.89.040 Issuance of general obligation bonds—
Proposition submitted to voters. To carry out the purposes
of this chapter counties shall have the power to issue general
obligation bonds within the limitations now or hereafter prescribed by the Constitution and laws of this state. Such
general obligation bonds shall be issued and sold as provided
in chapter 39.46 RCW.
The question of issuance of bonds for any undertaking
which relates to a number of different highways or parts
thereof, whether situated wholly or partly within the limits
of any city or town within the county, and whether such
bonds are intended to supply the whole expenditure or to
participate therein, may be submitted to the voters of the
county as a single proposition. If the county legislative
authority in submitting a proposition relating to different
highways or parts thereof declare that such proposition has
for its object the furtherance and accomplishment of the
construction of a system of connected public highways
within such county and constitutes a single purpose, such
declaration shall be presumed to be correct and upon the
issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different open spaces, park,
recreation and community facilities, whether situated wholly
or partly within the limits of any city or town within the
county, and whether such bonds are intended to supply the
whole expenditure or to participate therein may be submitted
to the voters as a single proposition. If the county legislative
authority in submitting a proposition relating to different
open spaces, park, recreation and community facilities
declare that such proposition has for its object the furtherance, accomplishment or preservation of an open space,
park, recreation and community facilities system available to,
and for the benefit of, all the residents of such county and
(2002 Ed.)
36.89.030
constitutes a single purpose, such declaration shall be
presumed to be correct and upon the issuance of the bonds
the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different public health and
safety facilities, whether situated wholly or partly within the
limits of any city or town within the county, and whether
such bonds are intended to supply the whole expenditure or
to participate therein may be submitted to the voters as a
single proposition. If the county legislative authority in
submitting a proposition relating to different public health
and safety facilities declare that such proposition has for its
object the furtherance or accomplishment of a system of
public health and safety facilities for the benefit of all the
residents of such county and constitutes a single purpose,
such declaration shall be presumed to be correct and upon
the issuance of the bonds the presumption shall become
conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different storm water
control facilities, whether situated wholly or partly within the
limits of any city or town within the county, and whether
such bonds are intended to supply the whole expenditure or
to participate therein may be submitted to the voters as a
single proposition. If the county legislative authority in
submitting a proposition relating to different storm water
control facilities declares that such proposition has for its
object the furtherance, accomplishment or preservation of a
storm water control facilities system for the benefit of all the
residents of such county and constitutes a single purpose,
such declaration shall be presumed to be correct and upon
the issuance of the bonds the presumption shall become
conclusive.
Elections shall be held as provided in RCW 39.36.050.
[1984 c 186 § 34; 1983 c 167 § 99; 1970 ex.s. c 30 § 4;
1967 c 109 § 4.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.89.042 Issuance of general obligation bonds—
Payment from revenue—Additional method. In issuing
general obligation bonds at any time after February 20, 1970
for the purpose of providing all or part of the cost and
expense of planning and design, establishing, acquiring,
developing, constructing or improving the county capital
purposes authorized by this chapter and RCW 86.12.020, the
board of county commissioners may provide that such bonds
also be made payable from any otherwise unpledged revenue
which may be derived from the ownership or operation of
any such properties or facilities. [1970 ex.s. c 30 § 6.]
36.89.050 Participation by other governmental
agencies. A county may finance, acquire, construct, develop, improve, maintain and operate any open space, park,
recreation and community facilities, public health and safety
facilities, storm water control facilities and highways
authorized by this chapter either solely or in conjunction
with one or more governmental agencies. Any governmental
agency is authorized to participate in such financing, acquisition, construction, development, improvement, use, mainte[Title 36 RCW—page 259]
36.89.050
Title 36 RCW: Counties
nance and operation and to convey, dedicate or lease any
lands, properties or facilities to any county for the purposes
provided in this chapter and RCW 86.12.020, on such terms
as may be fixed by agreement between the respective
governing commissions or legislative bodies without submitting the matter to a vote of the electors unless the provisions
of general law applicable to the incurring of public indebtedness shall require such submission.
No county shall proceed under the authority of this
chapter to construct or improve any storm water control
facility or highway or part thereof lying within the limits of
a city or town except with the prior consent of such city or
town. By agreement between their respective legislative
bodies, cities, towns and counties may provide that upon
completion of any storm water control facility or highway or
portion thereof constructed pursuant to this chapter within
any city or town, the city or town shall accept the same for
maintenance and operation and that such storm water control
facility or highway or portion thereof shall thereupon
become a part of the respective storm water control facility
or highway system of the city or town.
A county may transfer to any other governmental
agency the ownership, operation and maintenance of any
open space, park, recreation and community facility acquired
by the county pursuant to this chapter, which lies wholly or
partly within such governmental agency, pursuant to an
agreement entered into between the legislative bodies of the
county and such governmental agency: PROVIDED, That
such transfer shall be subject to the condition that either such
facility shall continue to be used for the same purposes or
that other equivalent facilities within the county shall be
conveyed to the county in exchange therefor. [1970 ex.s. c
30 § 5; 1967 c 109 § 5.]
36.89.060 Powers and authority are supplemental.
The powers and authority conferred upon governmental
agencies under the provisions of this chapter, shall be
construed as in addition and supplemental to powers or
authority conferred by any other law, and nothing contained
herein shall be construed as limiting any other powers or
authority of such governmental agencies. [1967 c 109 § 6.]
36.89.062 Power and authority of counties are
supplemental. The power and authority conferred upon
counties by this chapter and RCW 86.12.020 shall be in
addition and supplemental to those already granted and shall
not limit any other powers or authority of such counties.
[1970 ex.s. c 30 § 13.]
36.89.080 Storm water control facilities—Rates and
charges—Use. Any county legislative authority may
provide by resolution for revenues by fixing rates and
charges for the furnishing of service to those served or
receiving benefits or to be served or to receive benefits from
any storm water control facility or contributing to an
increase of surface water runoff. In fixing rates and charges,
the county legislative authority may in its discretion consider: (1) Services furnished or to be furnished; (2) benefits
received or to be received; (3) the character and use of land
or its water runoff characteristics; (4) the nonprofit public
benefit status, as defined in RCW 24.03.490, of the land
[Title 36 RCW—page 260]
user; (5) income level of persons served or provided benefits
under this chapter, including senior citizens and disabled persons; or (6) any other matters which present a reasonable
difference as a ground for distinction. The service charges
and rates collected shall be deposited in a special fund or
funds in the county treasury to be used only for the purpose
of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any
part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving
any of such facilities, or to pay or secure the payment of all
or any portion of any issue of general obligation or revenue
bonds issued for such purpose. [1998 c 74 § 1; 1995 c 124
§ 1; 1970 ex.s. c 30 § 7.]
Sewerage, water, and drainage systems: Chapter 36.94 RCW.
36.89.085 Storm water control facilities—Public
property subject to rates and charges. Except as otherwise provided in RCW 90.03.525, any public entity and
public property, including the state of Washington and state
property, shall be subject to rates and charges for storm
water control facilities to the same extent private persons and
private property are subject to such rates and charges that are
imposed by counties pursuant to RCW 36.89.080. In setting
these rates and charges, consideration may be made of inkind services, such as stream improvements or donation of
property. [1986 c 278 § 57; 1983 c 315 § 3.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—
Definitions: RCW 90.03.500 through 90.03.525. See also RCW
35.67.025, 35.92.021, and 36.94.145.
36.89.090 Storm water control facilities—Lien for
delinquent charges. The county shall have a lien for
delinquent service charges, including interest thereon, against
any property against which they were levied for storm water
control facilities, which lien shall be superior to all other
liens and encumbrances except general taxes and local and
special assessments. Such lien shall be effective and shall
be enforced and foreclosed in the same manner as provided
for sewerage liens of cities and towns by RCW 35.67.200
through 35.67.290: PROVIDED, That a county may, by
resolution or ordinance, adopt all or any part of the alternative interest rate, lien, and foreclosure procedures as set forth
in RCW 36.89.092 through 36.89.094 or by RCW 36.94.150.
[1991 c 36 § 1; 1987 c 241 § 1; 1970 ex.s. c 30 § 8.]
36.89.092 Storm water control facilities—
Alternative interest rate on delinquent charges. Any
county may provide, by resolution or ordinance, that delinquent storm water service charges bear interest at a rate of
twelve percent per annum, computed on a monthly basis, in
lieu of the interest rate provided for in RCW 35.67.200.
[1987 c 241 § 2.]
36.89.093 Storm water control facilities—
Alternative procedures for lien on delinquent charges.
Any county may, by resolution or ordinance, provide that the
(2002 Ed.)
Highways—Open Spaces—Parks—Other Public Facilities—Storm Water Control
storm water service charge lien shall be effective for a total
not to exceed one year’s delinquent service charges without
the necessity of any writing or recording of the lien with the
county auditor, in lieu of the provisions provided for in
RCW 35.67.210. [1987 c 241 § 3.]
36.89.094 Storm water control facilities—
Alternative foreclosure procedures on lien on delinquent
charges. Any county may, by resolution or ordinance,
provide that an action to foreclose a storm water service
charge lien may be commenced after three years from the
date storm water service charges become delinquent, in lieu
of the provisions provided for in RCW 35.67.230. [1987 c
241 § 4.]
36.89.100 Storm water control facilities—Revenue
bonds. (1) Any county legislative authority may authorize
the issuance of revenue bonds to finance any storm water
control facility. Such bonds may be issued by the county
legislative authority in the same manner as prescribed in
RCW 36.67.510 through 36.67.570. Such bonds may be in
any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
Each revenue bond shall state on its face that it is
payable from a special fund, naming such fund and the
resolution creating the fund.
Revenue bond principal, interest, and all other related
necessary expenses shall be payable only out of the appropriate special fund or funds. Revenue bonds shall be payable
from the revenues of the storm water control facility being
financed by the bonds, a system of these facilities and, if so
provided, from special assessments, installments thereof, and
interest and penalties thereon, levied in one or more utility
local improvement districts authorized by *this 1981 act.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 100; 1981 c 313 § 20; 1970
ex.s. c 30 § 9.]
*Reviser’s note: For codification of "this 1981 act" [1981 c 313], see
Codification Tables, Volume 0.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 313: See note following RCW 36.94.020.
36.89.110 Storm water control facilities—Utility
local improvement districts—Assessments. A county may
create utility local improvement districts for the purpose of
levying and collecting special assessments on property
specially benefited by one or more storm water control
facilities. The provisions of RCW 36.94.220 through
36.94.300 concerning the formation of utility local improvement districts and the fixing, levying, collecting and enforcing of special assessments apply to utility local improvement
districts authorized by this section. [1981 c 313 § 21.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.89.120 Storm water control facilities—
Annexation, incorporation of area by city or town—
Imposition of rates and charges by county. Whenever a
city or town annexes an area, or a city or town incorporates
an area, and the county has issued revenue bonds or general
(2002 Ed.)
36.89.093
obligation bonds to finance storm water control facilities that
are payable in whole or in part from rates or charges
imposed in the area, the county shall continue imposing all
portions of the rates or charges that are allocated to payment
of the debt service on bonds in that area after the effective
date of the annexation or official date of the incorporation
until: (1) The debt is retired; (2) any debt that is issued to
refinance the underlying debt is retired; or (3) the city or
town reimburses the county amount that is sufficient to retire
that portion of the debt borne by the annexed or incorporated
area. The county shall construct all facilities included in the
storm water plan intended to be financed by the proceeds of
such bonds. If the county provides storm water management
services to the city or town by contract, the contract shall
consider the value of payments made by property owners to
the county for the payment of debt service.
The provisions of this section apply whether or not the
bonds finance facilities that are geographically located within
the area that is annexed or incorporated. [1993 c 361 § 1.]
36.89.900 Effective date—1967 c 109. This chapter
shall take effect on June 9, 1967. [1967 c 109 § 9.]
36.89.910 Severability—1967 c 109. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1967 c 109 § 7.]
36.89.911 Severability—1970 ex.s. c 30. If any
provision of this 1970 amendatory act or its application to
any person or circumstance is held invalid, the remainder of
this 1970 amendatory act or the application of the provision
to other persons or circumstances shall not be affected.
[1970 ex.s. c 30 § 12.]
Chapter 36.90
SOUTHWEST WASHINGTON FAIR
Sections
36.90.010
36.90.020
36.90.030
36.90.040
36.90.050
36.90.070
Control of property.
Fair commission abolished—Rights, duties, and obligations
devolved upon Lewis county commissioners—Property
vested in Lewis county.
Administration of fair—Appointment of designee or commission—Organization of commission—Funds.
Fair deemed county and district fair and agricultural fair.
Acquisition, improvement, control of property.
Conveyance of property to Lewis county for fair purposes.
36.90.010 Control of property. The property of the
Southwest Washington Fair Association including the
buildings and structures thereon, as constructed or as may be
built or constructed from time to time, or any alterations or
additions thereto, shall be under the jurisdiction of Lewis
county. That property will be under the management and
control of the board of county commissioners of Lewis
county or that board’s designee. [1998 c 107 § 1; 1973 1st
ex.s. c 97 § 1; 1963 c 4 § 36.90.010. Prior: 1913 c 47 § 2;
RRS § 2746.]
Severability—1973 1st ex.s. c 97: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
[Title 36 RCW—page 261]
36.90.010
Title 36 RCW: Counties
of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 97 § 8.]
36.90.020 Fair commission abolished—Rights,
duties, and obligations devolved upon Lewis county
commissioners—Property vested in Lewis county. The
southwest Washington fair commission heretofore established
and authorized under the provisions of this chapter is
abolished and all rights, duties and obligations of such
commission is devolved upon the board of county commissioners of Lewis county and title to or all interest in real
estate, choses in action and all other assets, including but not
limited to assignable contracts, cash, deposits in county
funds (including any interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as
of the date of passage of this 1973 amendatory act by or for
the commission shall, on *the effective date of this 1973
amendatory act vest in Lewis county. [1973 1st ex.s. c 97
§ 2; 1963 c 4 § 36.90.020. Prior: 1959 c 34 § 1; 1913 c 47
§ 3; RRS § 2747; prior: 1909 c 237 § 4.]
*Reviser’s note: "the effective date of this 1973 amendatory act"
[1973 1st ex.s. c 97] was July 16, 1973.
Severability—1973 1st ex.s. c 97: See note following RCW
36.90.010.
36.90.030 Administration of fair—Appointment of
designee or commission—Organization of commission—
Funds. The board of county commissioners in the county
of Lewis as administrators of all property relating to the
southwest Washington fair may elect to appoint either (1) a
designee, whose operation and funds the board may control
and oversee, to carry out the board’s duties and obligations
as set forth in RCW 36.90.020, or (2) a commission of
citizens to advise and assist in carrying out such fair. The
chairman of the board of county commissioners of Lewis
county may elect to serve as chairman of any such commission. Such commission may elect a president and secretary
and define their duties and fix their compensation, and
provide for the keeping of its records. The commission may
also designate the treasurer of Lewis county as fair treasurer.
The funds relating to fair activities shall be kept separate and
apart from the funds of Lewis county, but shall be deposited
in the regular depositaries of Lewis county and all interest
earned thereby shall be added to and become a part of the
funds. Fair funds shall be audited as are other county funds.
[1998 c 107 § 2; 1973 1st ex.s. c 97 § 3; 1963 c 4 §
36.90.030. Prior: 1913 c 47 § 4; RRS § 2748.]
Severability—1973 1st ex.s. c 97: See note following RCW
36.90.010.
36.90.040 Fair deemed county and district fair and
agricultural fair. The southwest Washington fair shall be
deemed a county and district fair for the purposes of chapter
15.76 RCW as well as an agricultural fair for the purpose of
receiving allocations of funds under RCW 15.76.140 through
15.76.165. [1973 1st ex.s. c 97 § 4; 1963 c 4 § 36.90.040.
Prior: 1913 c 47 § 5; RRS § 2749.]
may acquire by gift, exchange, devise, lease, or purchase,
real property for southwest Washington fair purposes and
may construct and maintain temporary or permanent improvements suitable and necessary for the purpose of holding
and maintaining the southwest Washington fair. Any such
property deemed surplus by the board may be (1) sold at
private sale after notice in a local publication of general
circulation, or (2) exchanged for other property after notice
in a local publication of general circulation, under Lewis
county property management regulations. [1998 c 107 § 3;
1973 1st ex.s. c 97 § 5; 1963 c 4 § 36.90.050. Prior: 1959
c 34 § 2.]
Severability—1973 1st ex.s. c 97: See note following RCW
36.90.010.
36.90.070 Conveyance of property to Lewis county
for fair purposes. Upon payment to the state of Washington by Lewis county of the sum of one dollar, which sum
shall be deposited in the general fund when received by the
treasurer of the state of Washington, such treasurer is
authorized and directed to certify to the governor and
secretary of state that such payment has been made on the
following described property presently utilized for southwest
Washington fair purposes situated in Lewis county, Washington: "Beginning at the intersection of the south line of
section Seventeen (17) Township Fourteen (14) North of
Range Two (2) West of W.M. with the West right-of-way
line of the Somerville consent Road, and running thence
North 15 degrees 20 feet East along the West line of said
Road, Eleven Hundred Forty-four (1144) feet, thence North
2 degrees 33 feet West along the said west line Seventy-four
and four-tenths (74.4) feet, thence west on a line parallel
with the said south line of said Section Seventeen (17)
Eleven Hundred Sixty-seven and two tenths (1167.2) feet to
within one hundred fifty (150) feet to the Center line of the
Northern Pacific Railroad, thence south 16 degrees 20 feet
West on a line parallel with and one hundred fifty (150) feet
distant Easterly from the Center line of the Northern Pacific
Railroad Eleven Hundred and Thirty-five and seven-tenths
(1135.7) feet, thence East on a line parallel with and Eightyseven and three-tenths (87.3) feet north of the south line of
said section seventeen (17) eight hundred fifty-seven (857)
feet, thence south 74 degrees 40 feet East three hundred
thirty (330) feet to the point of beginning, containing thirty
(30) acres in Section Seventeen (17) Township Fourteen (14)
North of Range Two (2) West of W.M." and the governor is
thereby authorized and directed forthwith to execute and the
secretary of state is authorized and directed to attest to a
deed conveying said lands to Lewis county, Washington.
The office of the attorney general and the commissioner of
public lands shall offer any necessary assistance in carrying
out such conveyance. [1973 1st ex.s. c 97 § 6.]
Severability—1973 1st ex.s. c 97: See note following RCW
36.90.010.
Severability—1973 1st ex.s. c 97: See note following RCW
36.90.010.
36.90.050 Acquisition, improvement, control of
property. The Lewis county board of county commissioners
[Title 36 RCW—page 262]
(2002 Ed.)
County Central Services Department
Chapter 36.92
COUNTY CENTRAL SERVICES DEPARTMENT
Sections
36.92.010
36.92.020
36.92.030
36.92.040
36.92.050
36.92.060
36.92.070
36.92.080
36.92.900
Purpose.
Definitions.
County central services department—Created—Supervisor.
Central services fund.
Comprehensive data processing use plan—Utilization of
equipment.
Appointment of assistants.
Charges for services—Duties of county treasurer.
Services limited to department.
Severability—1967 ex.s. c 103.
36.92.010 Purpose. The purpose of this chapter is to
provide county officials of each county with a modern
approach to the common problems encountered by said
officers in accounting, record keeping, and problem solving,
thereby effectuating economies in county government.
It is further the intent of this chapter that the constitutional autonomy of the various county officers be preserved
while providing such officials with a centralized department
to perform ministerial functions for them on the most
modern and efficient machines available. [1967 ex.s. c 103
§ 2.]
36.92.020 Definitions. As used in this chapter, the
following words shall have the meanings ascribed herein:
(1) "Services department" shall mean the county central
services department, established in accordance with the
provisions of this chapter.
(2) "Board" shall mean the board of county commissioners.
(3) "Automatic data processing" or "ADP" shall mean
that method of processing information using mechanical or
electronic machines, guided by predetermined instructions to
produce information in usable form, and shall include but not
be limited to electronic accounting machines, electronic data
processing machines, and computers.
(4) "Electronic accounting machines" or "EAM" shall
mean that method of ADP utilizing punch cards or unit
record equipment.
(5) "Electronic data processing" or "EDP" shall include
that system which comprises a combination of equipment or
unites to provide input of source data, storage and processing
of data and output in predetermined form, including a central
processing unit (CPU) or main frame.
(6) "Computer" shall mean any device that is capable of
solving problems and supplying results by accepting data and
performing prescribed operations. It shall include analog or
digital, general purpose or special purpose computers.
(7) "Copy" or "micro-copy" shall mean photographic,
photostatic, photomechanical or other copy process.
It is the intent of this chapter that the definitions
contained in subsections (3) through (7) of this section shall
be construed in the broadest possible interpretation in order
that new and modern equipment and methods as they become available shall be included therein. [1967 ex.s. c 103
§ 3.]
36.92.030 County central services department—
Created—Supervisor. By resolution, the board of county
(2002 Ed.)
Chapter 36.92
commissioners may create a county central services department which shall be organized and function as any other
department of the county. When a board creates a central
services department, it shall also provide for the appointment
of a supervisor to be the administrative head of such
department, subject to the supervision and control of the
board, and to serve at the pleasure of the board. The
supervisor shall receive such salary as may be prescribed by
the board. In addition, the supervisor shall be reimbursed
for traveling and other actual and necessary expenses
incurred by him in the performance of his official duties.
[1967 ex.s. c 103 § 4.]
36.92.040 Central services fund. When a central
services department is created, the board shall establish a
central services fund for the payment of all costs of conducting those services for which such department was organized
and annually budget therefor. It may make transfers into the
central services fund from the current expense fund and
receive funds for such purposes from other departments and
recipients of such services. [1967 ex.s. c 103 § 5.]
36.92.050 Comprehensive data processing use
plan—Utilization of equipment. Services departments
created pursuant to this chapter shall initially draw a comprehensive data processing use plan. It shall establish levels of
service to be performed by the department and shall establish
levels of service required by using agencies. Before proceeding with purchase, lease or acquisition of the data
processing equipment, the comprehensive data processing use
plan shall be adopted by the board.
When established by the board, the services department
may perform the service functions relating to accounting,
record keeping, and micro-copy by the utilization of automatic data processing and micro-copy equipment.
In relation to said equipment the services department
shall perform any ministerial services authorized by the
board and requested by the various officers and departments
of the county. In this connection, it is the intent of this
chapter that the services department be authorized to utilize
such equipment to the highest degree consistent with the
purposes of this chapter and not inconsistent with constitutional powers and duties of such officers.
The services department is also authorized to utilize
such equipment for the purpose of problem solving when
such problem solving is of a ministerial rather than a
discretionary nature. [1967 ex.s. c 103 § 6.]
36.92.060 Appointment of assistants. The supervisor
shall have the authority to appoint, subject to the approval of
the board, such clerical and other assistants as may be
required and authorized for the proper discharge of the
functions of the services department. [1967 ex.s. c 103 § 7.]
36.92.070 Charges for services—Duties of county
treasurer. The board of county commissioners shall fix the
terms and charges for services rendered by the central
services department pursuant to this chapter, which amounts
shall be credited as income to the appropriate account within
the central services fund and charged on a monthly basis
against the account of the recipient for whom such services
[Title 36 RCW—page 263]
36.92.070
Title 36 RCW: Counties
were performed. Moneys derived from the activities of the
central services department shall be disbursed from the
central services fund by the county treasurer by warrants on
vouchers duly authorized by the board. [1967 ex.s. c 103 §
8.]
36.92.080 Services limited to department. When a
board of county commissioners creates a central services
department pursuant to RCW 36.92.030, the ministerial
services to be performed by such department in connection
with automatic data processing shall not thereafter be
performed by any other officer or employee of said county.
[1967 ex.s. c 103 § 9.]
36.92.900 Severability—1967 ex.s. c 103. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1967 ex.s. c 103 § 10.]
Chapter 36.93
LOCAL GOVERNMENTAL ORGANIZATION—
BOUNDARIES—REVIEW BOARDS
Sections
36.93.010
36.93.020
36.93.030
36.93.040
36.93.051
36.93.061
36.93.063
36.93.067
36.93.070
36.93.080
36.93.090
36.93.093
36.93.100
36.93.105
36.93.110
36.93.116
36.93.120
36.93.130
36.93.140
36.93.150
36.93.153
36.93.155
36.93.157
36.93.160
36.93.170
36.93.180
36.93.185
36.93.190
Purpose.
Definitions.
Creation of boundary review boards in counties with populations of two hundred ten thousand or more—Creation in
other counties.
Dates upon which boards in counties with populations of
less than two hundred ten thousand deemed established.
Appointment of board—Members—Terms—Qualifications.
Boards in counties with populations of less than one million—Members—Terms—Qualifications.
Selection of board members—Procedure—Commencement
of term—Vacancies.
Effect of failure to make appointment.
Chairman, vice chairman, chief clerk—Powers and duties of
board and chief clerk—Meetings—Hearings—Counsel—
Compensation.
Expenditures—Remittance of costs to counties.
Filing notice of proposed actions with board.
Copy of notice of intention by water-sewer district to be
sent officials.
Review of proposed actions by board—Procedure.
Actions not subject to review by board.
When review not necessary.
Simultaneous consideration of incorporation and annexation
of territory.
Fees.
Notice of intention—Contents.
Pending actions not affected.
Review of proposed actions—Actions and determinations of
board—Disapproval, effect.
Review of proposed incorporation in county with boundary
review board.
Annexation approval—Other action not authorized.
Decisions to be consistent with growth management act.
Hearings—Notice—Record—Subpoenas—Decision of
board—Appellate review.
Factors to be considered by board—Incorporation proceedings exempt from state environmental policy act.
Objectives of boundary review board.
Objectives of boundary review board—Water-sewer district
annexations, mergers—Territory not adjacent to district.
Decision of board not to affect existing franchises, permits,
codes, ordinances, etc., for ten years.
[Title 36 RCW—page 264]
36.93.200
36.93.210
36.93.220
36.93.230
36.93.800
36.93.900
36.93.910
Rules and regulations—Adoption procedure.
Rules and regulations—Filing—Permanent register.
Provisions of prior laws superseded by chapter.
Power to disband boundary review board.
Application of chapter to merged special purpose districts.
Effective date—1967 c 189.
Severability—1967 c 189.
36.93.010 Purpose. The legislature finds that in
metropolitan areas of this state, experiencing heavy population growth, increased problems arise from rapid proliferation of municipalities and haphazard extension of and
competition to extend municipal boundaries. These problems
affect adversely the quality and quantity and cost of municipal services furnished, the financial integrity of certain
municipalities, the consistency of local regulations, and many
other incidents of local government. Further, the competition among municipalities for unincorporated territory and
the disorganizing effect thereof on land use, the preservation
of property values and the desired objective of a consistent
comprehensive land use plan for populated areas, makes it
appropriate that the legislature provide a method of guiding
and controlling the creation and growth of municipalities in
metropolitan areas so that such problems may be avoided
and that residents and businesses in those areas may rely on
the logical growth of local government affecting them.
[1967 c 189 § 1.]
36.93.020 Definitions. As used herein:
(1) "Governmental unit" means any incorporated city or
town, metropolitan municipal corporation, or any special
purpose district as defined in this section.
(2) "Special purpose district" means any water-sewer
district, fire protection district, drainage improvement
district, drainage and diking improvement district, flood
control zone district, irrigation district, metropolitan park district, drainage district, or public utility district engaged in
water distribution.
(3) "Board" means a boundary review board created by
or pursuant to this chapter. [1999 c 153 § 44; 1979 ex.s. c
30 § 5; 1967 c 189 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.030 Creation of boundary review boards in
counties with populations of two hundred ten thousand
or more—Creation in other counties. (1) There is hereby
created and established in each county with a population of
two hundred ten thousand or more a board to be known and
designated as a "boundary review board".
(2) A boundary review board may be created and
established in any other county in the following manner:
(a) The county legislative authority may, by majority
vote, adopt a resolution establishing a boundary review
board; or
(b) A petition seeking establishment of a boundary
review board signed by qualified electors residing in the
county equal in number to at least five percent of the votes
cast in the county at the last county general election may be
filed with the county auditor.
Upon the filing of such a petition, the county auditor
shall examine the same and certify to the sufficiency of the
(2002 Ed.)
Local Governmental Organization—Boundaries—Review Boards
signatures thereon. No person may withdraw his or her
name from a petition after it has been filed with the auditor.
Within thirty days after the filing of such petition, the county
auditor shall transmit the same to the county legislative
authority, together with his or her certificate of sufficiency.
After receipt of a valid petition for the establishment of
a boundary review board, the county legislative authority
shall submit the question of whether a boundary review
board should be established to the electorate at the next
county primary or county general election which occurs
more than forty-five days from the date of receipt of the
petition. Notice of the election shall be given as provided in
RCW 29.27.080 and shall include a clear statement of the
proposal to be submitted.
If a majority of the persons voting on the proposition
shall vote in favor of the establishment of the boundary
review board, such board shall thereupon be deemed
established. [1991 c 363 § 91; 1969 ex.s. c 111 § 1; 1967
c 189 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.040 Dates upon which boards in counties with
populations of less than two hundred ten thousand
deemed established. For the purposes of this chapter, each
county with a population of less than two hundred ten
thousand shall be deemed to have established a boundary
review board on and after the date a proposition for establishing the same has been approved at an election as provided for in RCW 36.93.030, or on and after the date of
adoption of a resolution of the county legislative authority
establishing the same as provided for in RCW 36.93.030.
[1991 c 363 § 92; 1967 c 189 § 4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.051 Appointment of board—Members—
Terms—Qualifications. The boundary review board in
each county with a population of one million or more shall
consist of eleven members chosen as follows:
(1) Three persons shall be appointed by the governor;
(2) Three persons shall be appointed by the county
appointing authority;
(3) Three persons shall be appointed by the mayors of
the cities and towns located within the county; and
(4) Two persons shall be appointed by the board from
nominees of special districts in the county.
The governor shall designate one initial appointee to
serve a term of two years, and two initial appointees to serve
terms of four years, if the appointments are made in an oddnumbered year, or one initial appointee to serve a term of
one year, and two initial appointees to serve terms of three
years, if the appointments are made in an even-numbered
year, with the length of the term being calculated from the
first day of February in the year the appointment was made.
The county appointing authority shall designate one of
its initial appointees to serve a term of two years, and two
of its initial appointees to serve terms of four years, if the
appointments are made in an odd-numbered year, or one of
its initial appointees to serve a term of one year, and two of
its initial appointees to serve terms of three years, if the
(2002 Ed.)
36.93.030
appointments are made in an even-numbered year, with the
length of the term being calculated from the first day of
February in the year the appointment was made.
The mayors making the initial city and town appointments shall designate two of their initial appointees to serve
terms of two years, and one of their initial appointees to
serve a term of four years, if the appointments are made in
an odd-numbered year, or two of their initial appointees to
serve terms of one year, and one of their initial appointees
to serve a term of three years, if the appointments are made
in an even-numbered year, with the length of the term being
calculated from the first day of February in the year the
appointment was made.
The board shall make two initial appointments from the
nominees of special districts, with one appointee serving a
term of four years and one initial appointee serving a term
of two years, if the appointments are made in an oddnumbered year, or one initial appointee serving a term of
three years and one initial appointee serving a term of one
year if the appointments are made in an even-numbered year,
with the length of the term being calculated from the first
day of March in the year in which the appointment is made.
After the initial appointments, all appointees shall serve
four-year terms.
No appointee may be an official or employee of the
county or a governmental unit in the county, or a consultant
or advisor on a contractual or regular retained basis of the
county, any governmental unit in the county, or any agency
or association thereof. [1991 c 363 § 93; 1989 c 84 § 17.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.061 Boards in counties with populations of
less than one million—Members—Terms—Qualifications.
The boundary review board in each county with a population
of less than one million shall consist of five members chosen
as follows:
(1) Two persons shall be appointed by the governor;
(2) One person shall be appointed by the county
appointing authority;
(3) One person shall be appointed by the mayors of the
cities and towns located within the county; and
(4) One person shall be appointed by the board from
nominees of special districts in the county.
The governor shall designate one initial appointee to
serve a term of two years, and one initial appointee to serve
a term of four years, if the appointments are made in an
odd-numbered year, or one initial appointee to serve a term
of one year, and one initial appointee to serve a term of
three years, if the appointments are made in an even-numbered year, with the length of a term being calculated from
the first day of February in the year that the appointment
was made.
The initial appointee of the county appointing authority
shall serve a term of two years, if the appointment is made
in an odd-numbered year, or a term of one year, if the
appointment is made in an even-numbered year. The initial
appointee by the mayors shall serve a term of four years, if
the appointment is made in an odd-numbered year, or a term
of three years, if the appointment is made in an evennumbered year. The length of the term shall be calculated
[Title 36 RCW—page 265]
36.93.061
Title 36 RCW: Counties
from the first day in February in the year the appointment
was made.
The board shall make one initial appointment from the
nominees of special districts to serve a term of two years if
the appointment is made in an odd-numbered year, or a term
of one year if the appointment is made in an even-numbered
year, with the length of the term being calculated from the
first day of March in the year in which the appointment is
made.
After the initial appointments, all appointees shall serve
four-year terms.
No appointee may be an official or employee of the
county or a governmental unit in the county, or a consultant
or advisor on a contractual or regular retained basis of the
county, any governmental unit in the county, or any agency
or association thereof. [1991 c 363 § 94; 1989 c 84 § 18.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.063
Selection of board members—
Procedure—Commencement of term—Vacancies. The
executive of the county shall make the appointments under
RCW 36.93.051 and 36.93.061 for the county, if one exists,
or otherwise the county legislative authority shall make the
appointments for the county.
The mayors of all cities and towns in the county shall
meet on or before the last day of January in each oddnumbered year to make such appointments for terms to
commence on the first day of February in that year. The
date of the meeting shall be called by the mayor of the
largest city or town in the county, and the mayor of the
largest city or town in the county who attends the meeting
shall preside over the meeting. Selection of each appointee
shall be by simple majority vote of those mayors who attend
the meeting.
Any special district in the county may nominate a
person to be appointed to the board on or before the last day
of January in each odd-numbered year that the term for this
position expires. The board shall make its appointment of
a nominee or nominees from the special districts during the
month of February following the date by which such
nominations are required to be made.
The county appointing authority and the mayors of cities
and towns within the county shall make their initial appointments for newly created boards within sixty days of the
creation of the board or shall make sufficient additional
appointments to increase a five-member board to an elevenmember board within sixty days of the date the county
obtains a population of one million or more. The board
shall make its initial appointment or appointments of board
members from the nominees of special districts located
within the county within ninety days of the creation of the
board or shall make an additional appointment of a board
member from the nominees of special districts located within
the county within ninety days of the date the county obtains
a population of one million or more.
The term of office for all appointees other than the
appointee from the special districts shall commence on the
first day of February in the year in which the term is to
commence. The term of office for the appointee from
nominees of special districts shall commence on the first day
of March in the year in which the term is to commence.
[Title 36 RCW—page 266]
Vacancies on the board shall be filled by appointment
of a person to serve the remainder of the term in the same
manner that the person whose position is vacant was filled.
[1991 c 363 § 95; 1989 c 84 § 19.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.067 Effect of failure to make appointment.
Whenever appointments under RCW 36.93.051 through
*36.93.065 have not been made by the appointing authority,
the size of the board shall be considered to be reduced by
one member for each position that remains vacant or
unappointed. [1989 c 84 § 21.]
*Reviser’s note: RCW 36.93.065 was repealed by 1999 c 124 § 1.
36.93.070 Chairman, vice chairman, chief clerk—
Powers and duties of board and chief clerk—Meetings—
Hearings—Counsel—Compensation. The members of
each boundary review board shall elect from its members a
chairman, vice chairman, and shall employ a nonmember as
chief clerk, who shall be the secretary of the board. The
board shall determine its own rules and order of business
and shall provide by resolution for the time and manner of
holding all regular or special meetings: PROVIDED, That
all meetings shall be subject to chapter 42.30 RCW. The
board shall keep a journal of its proceedings which shall be
a public record. A majority of all the members shall
constitute a quorum for the transaction of business.
The chief clerk of the board shall have the power to
administer oaths and affirmations, certify to all official acts,
issue subpoenas to any public officer or employee ordering
him to testify before the board and produce public records,
papers, books or documents. The chief clerk may invoke the
aid of any court of competent jurisdiction to carry out such
powers.
The board by rule may provide for hearings by panels
of members consisting of not less than five board members,
the number of hearing panels and members thereof, and for
the impartial selection of panel members. A majority of a
panel shall constitute a quorum thereof.
At the request of the board, the state attorney general,
or at the board’s option, the county prosecuting attorney,
shall provide counsel for the board.
The planning departments of the county, other counties,
and any city, and any state or regional planning agency shall
furnish such information to the board at its request as may
be reasonably necessary for the performance of its duties.
Each member of the board shall be compensated from
the county current expense fund at the rate of fifty dollars
per day, or a major portion thereof, for time actually devoted
to the work of the boundary review board. Each board of
county commissioners shall provide such funds as shall be
necessary to pay the salaries of the members and staff, and
such other expenses as shall be reasonably necessary. [1997
c 77 § 1; 1987 c 477 § 1; 1967 c 189 § 7.]
36.93.080 Expenditures—Remittance of costs to
counties. Expenditures by the board shall be subject to the
provisions of chapter 36.40 RCW and other statutes relating
to expenditures by counties. The department of community,
trade, and economic development shall on a quarterly basis
(2002 Ed.)
Local Governmental Organization—Boundaries—Review Boards
remit to each county one-half of the actual costs incurred by
the county for the operation of the boundary review board
within individual counties as provided for in this chapter.
However, in the event no funds are appropriated to the said
agency for this purpose, this shall not in any way affect the
operation of the boundary review board. [1995 c 399 § 44;
1985 c 6 § 7; 1969 ex.s. c 111 § 4; 1967 c 189 § 8.]
36.93.090 Filing notice of proposed actions with
board. Whenever any of the following described actions are
proposed in a county in which a board has been established,
the initiators of the action shall file within one hundred
eighty days a notice of intention with the board: PROVIDED, That when the initiator is the legislative body of a
governmental unit, the notice of intention may be filed
immediately following the body’s first acceptance or
approval of the action. The board may review any such
proposed actions pertaining to:
(1) The: (a) Creation, incorporation, or change in the
boundary, other than a consolidation, of any city, town, or
special purpose district; (b) consolidation of special purpose
districts, but not including consolidation of cities and towns;
or (c) dissolution or disincorporation of any city, town, or
special purpose district, except that a board may not review
the dissolution or disincorporation of a special purpose
district which was dissolved or disincorporated pursuant to
the provisions of chapter 36.96 RCW: PROVIDED, That
the change in the boundary of a city or town arising from
the annexation of contiguous city or town owned property
held for a public purpose shall be exempted from the
requirements of this section; or
(2) The assumption by any city or town of all or part of
the assets, facilities, or indebtedness of a special purpose
district which lies partially within such city or town; or
(3) The establishment of or change in the boundaries of
a mutual water and sewer system or separate sewer system
by a water-sewer district pursuant to RCW 57.08.065 or
*chapter 57.40 RCW; or
(4) The extension of permanent water or sewer service
outside of its existing service area by a city, town, or special
purpose district. The service area of a city, town, or special
purpose district shall include all of the area within its
corporate boundaries plus, (a) for extensions of water
service, the area outside of the corporate boundaries which
it is designated to serve pursuant to a coordinated water
system plan approved in accordance with RCW 70.116.050;
and (b) for extensions of sewer service, the area outside of
the corporate boundaries which it is designated to serve
pursuant to a comprehensive sewerage plan approved in
accordance with chapter 36.94 RCW and RCW 90.48.110.
[1996 c 230 § 1608; 1995 c 131 § 1; 1987 c 477 § 2; 1985
c 281 § 28; 1982 c 10 § 7. Prior: 1981 c 332 § 9; 1981 c
45 § 2; 1979 ex.s. c 5 § 12; 1971 ex.s. c 127 § 1; 1969 ex.s.
c 111 § 5; 1967 c 189 § 9.]
*Reviser’s note: Chapter 57.40 RCW was repealed and/or decodified
in its entirety.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Effective date—1995 c 131: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 24, 1995]." [1995 c 131 § 2.]
(2002 Ed.)
36.93.080
Severability—1985 c 281: See RCW 35.10.905.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 332: See note following RCW 35.13.165.
Legislative declaration—"District" defined—1981 c 45: "It is
declared to be the public policy of the state of Washington to provide for
the orderly growth and development of those areas of the state requiring
public water service or sewer service and to secure the health and welfare
of the people residing therein. The growth of urban population and the
movement of people into suburban areas has required the performance of
such services by water districts and sewer districts and the development of
such districts has created problems of conflicting jurisdiction and potential
double taxation.
It is the purpose of this act to reduce the duplication of service and the
conflict among jurisdictions by establishing the principle that the first in
time is the first in right where districts overlap and by encouraging the
consolidation of districts. It is also the purpose of this act to prevent the
imposition of double taxation upon the same property by establishing a
general classification of property which will be exempt from property
taxation by a district when such property is within the jurisdiction of an
established district duly authorized to provide service of like character.
Unless the context clearly requires otherwise, as used in this act, the
term "district" means either a water district organized under Title 57 RCW
or a sewer district organized under Title 56 RCW or a merged water and
sewer district organized pursuant to chapter 57.40 or 56.36 RCW." [1981
c 45 § 1.]
Severability—1981 c 45: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 45 § 14.]
Severability—1979 ex.s. c 5: See RCW 36.96.920.
Consolidation of cities and towns—Role of boundary review board: RCW
35.10.450.
36.93.093 Copy of notice of intention by watersewer district to be sent officials. Whenever a water-sewer
district files with the board a notice of intention as required
by RCW 36.93.090, the board shall send a copy of such
notice of intention to the legislative authority of the county
wherein such action is proposed to be taken and one copy to
the state department of ecology. [1999 c 153 § 45; 1971
ex.s. c 127 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.100 Review of proposed actions by board—
Procedure. The board shall review and approve, disapprove, or modify any of the actions set forth in RCW
36.93.090 when any of the following shall occur within
forty-five days of the filing of a notice of intention:
(1) Three members of a five-member boundary review
board or five members of a boundary review board in a
county with a population of one million or more files a
request for review: PROVIDED, That the members of the
boundary review board shall not be authorized to file a
request for review of the following actions:
(a) The incorporation of any special district or change
in the boundary of any city, town, or special purpose district;
(b) The extension of permanent water service outside of
its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation
of water mains of six inches or less in diameter or (ii) the
county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan
under RCW 36.70A.040 and has by a majority vote waived
the authority of the board to initiate review of all other
extensions; or
[Title 36 RCW—page 267]
36.93.100
Title 36 RCW: Counties
(c) The extension of permanent sewer service outside of
its existing corporate boundaries by a city, town, or special
purpose district if (i) the extension is through the installation
of sewer mains of eight inches or less in diameter or (ii) the
county legislative authority for the county in which the
proposed extension is to be built is required or chooses to
plan under RCW 36.70A.040 and has by a majority vote
waived the authority of the board to initiate review of all
other extensions;
(2) Any governmental unit affected, including the
governmental unit for which the boundary change or
extension of permanent water or sewer service is proposed,
or the county within which the area of the proposed action
is located, files a request for review of the specific action;
(3) A petition requesting review is filed and is signed
by:
(a) Five percent of the registered voters residing within
the area which is being considered for the proposed action
(as determined by the boundary review board in its discretion subject to immediate review by writ of certiorari to the
superior court); or
(b) An owner or owners of property consisting of five
percent of the assessed valuation within such area;
(4) The majority of the members of boundary review
boards concur with a request for review when a petition
requesting the review is filed by five percent of the registered voters who deem themselves affected by the action and
reside within one-quarter mile of the proposed action but not
within the jurisdiction proposing the action.
If a period of forty-five days shall elapse without the
board’s jurisdiction having been invoked as set forth in this
section, the proposed action shall be deemed approved.
If a review of a proposal is requested, the board shall
make a finding as prescribed in RCW 36.93.150 within one
hundred twenty days after the filing of such a request for
review. If this period of one hundred twenty days shall
elapse without the board making a finding as prescribed in
RCW 36.93.150, the proposal shall be deemed approved
unless the board and the person who submitted the proposal
agree to an extension of the one hundred twenty day period.
[1994 c 216 § 13; 1992 c 162 § 1; 1991 c 363 § 96; 1989 c
84 § 3; 1987 c 477 § 3; 1983 c 76 § 1; 1982 c 220 § 1;
1967 c 189 § 10.]
Effective date—1994 c 216: See note following RCW 35.02.015.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1982 c 220: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 220 § 9.]
36.93.105 Actions not subject to review by board.
The following actions shall not be subject to potential review
by a boundary review board:
(1) Annexations of territory to a water-sewer district
pursuant to RCW 36.94.410 through 36.94.440;
(2) Revisions of city or town boundaries pursuant to
RCW 35.21.790 or 35A.21.210;
(3) Adjustments to city or town boundaries pursuant to
RCW 35.13.340; and
[Title 36 RCW—page 268]
(4) Adjustments to city and town boundaries pursuant to
RCW 35.13.300 through 35.13.330. [1999 c 153 § 46; 1989
c 84 § 4; 1984 c 147 § 5.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.110 When review not necessary. Where an
area proposed for annexation is less than ten acres and less
than two million dollars in assessed valuation, the chairman
of the review board may by written statement declare that
review by the board is not necessary for the protection of the
interest of the various parties, in which case the board shall
not review such annexation. [1987 c 477 § 4; 1973 1st ex.s.
c 195 § 42; 1967 c 189 § 11.]
Severability—Effective dates—Construction—1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.93.116 Simultaneous consideration of incorporation and annexation of territory. A boundary review
board may simultaneously consider the proposed incorporation of a city or town, and the proposed annexation of a
portion of the territory included in the proposed incorporation, if the resolution or petition initiating the annexation is
adopted or filed ninety or fewer days after the petition
proposing the incorporation was filed. [1994 c 216 § 9.]
Effective date—1994 c 216: See note following RCW 35.02.015.
36.93.120 Fees. A fee of fifty dollars shall be paid by
all initiators and in addition if the jurisdiction of the review
board is invoked pursuant to RCW 36.93.100, the person or
entity seeking review, except for the boundary review board
itself, shall pay to the county treasurer and place in the
county current expense fund the fee of two hundred dollars.
[1987 c 477 § 5; 1969 ex.s. c 111 § 6; 1967 c 189 § 12.]
36.93.130 Notice of intention—Contents. The notice
of intention shall contain the following information:
(1) The nature of the action sought;
(2) A brief statement of the reasons for the proposed
action;
(3) The legal description of the boundaries proposed to
be created, abolished or changed by such action: PROVIDED, That the legal description may be altered, with concurrence of the initiators of the proposed action, if a person
designated by the county legislative authority as one who has
expertise in legal descriptions makes a determination that the
legal description is erroneous; and
(4) A county assessor’s map on which the boundaries
proposed to be created, abolished or changed by such action
are designated: PROVIDED, That at the discretion of the
boundary review board a map other than the county
assessor’s map may be accepted. [1987 c 477 § 6; 1969
ex.s. c 111 § 7; 1967 c 189 § 13.]
36.93.140 Pending actions not affected. Actions
described in RCW 36.93.090 which are pending July 1,
1967, or actions in counties with populations of less than
two hundred ten thousand which are pending on the date of
the creation of a boundary review board therein, shall not be
affected by the provisions of this chapter. Actions shall be
deemed pending on and after the filing of sufficient petitions
(2002 Ed.)
Local Governmental Organization—Boundaries—Review Boards
initiating the same with the appropriate public officer, or the
performance of an official act initiating the same. [1991 c
363 § 97; 1967 c 189 § 14.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.93.150 Review of proposed actions—Actions and
determinations of board—Disapproval, effect. The board,
upon review of any proposed action, shall take such of the
following actions as it deems necessary to best carry out the
intent of this chapter:
(1) Approve the proposal as submitted.
(2) Subject to RCW 35.02.170, modify the proposal by
adjusting boundaries to add or delete territory. However,
any proposal for annexation of territory to a town shall be
subject to RCW 35.21.010 and the board shall not add additional territory, the amount of which is greater than that
included in the original proposal. Any modifications shall
not interfere with the authority of a city, town, or special
purpose district to require or not require preannexation
agreements, covenants, or petitions. A board shall not
modify the proposed incorporation of a city with an estimated population of seven thousand five hundred or more by
removing territory from the proposal, or adding territory to
the proposal, that constitutes ten percent or more of the total
area included within the proposal before the board. However, a board shall remove territory in the proposed incorporation that is located outside of an urban growth area or is
annexed by a city or town, and may remove territory in the
proposed incorporation if a petition or resolution proposing
the annexation is filed or adopted that has priority over the
proposed incorporation, before the area is established that is
subject to this ten percent restriction on removing or adding
territory. A board shall not modify the proposed incorporation of a city with a population of seven thousand five
hundred or more to reduce the territory in such a manner as
to reduce the population below seven thousand five hundred.
(3) Determine a division of assets and liabilities between
two or more governmental units where relevant.
(4) Determine whether, or the extent to which, functions
of a special purpose district are to be assumed by an
incorporated city or town, metropolitan municipal corporation, or another existing special purpose district.
(5) Disapprove the proposal except that the board shall
not have jurisdiction: (a) To disapprove the dissolution or
disincorporation of a special purpose district which is not
providing services but shall have jurisdiction over the
determination of a division of the assets and liabilities of a
dissolved or disincorporated special purpose district; (b) over
the division of assets and liabilities of a special purpose
district that is dissolved or disincorporated pursuant to
chapter 36.96 RCW; nor (c) to disapprove the incorporation
of a city with an estimated population of seven thousand five
hundred or more, but the board may recommend against the
proposed incorporation of a city with such an estimated
population.
Unless the board disapproves a proposal, it shall be
presented under the appropriate statute for approval of a
public body and, if required, a vote of the people. A
proposal that has been modified shall be presented under the
appropriate statute for approval of a public body and if
required, a vote of the people. If a proposal, other than that
(2002 Ed.)
36.93.140
for a city, town, or special purpose district annexation, after
modification does not contain enough signatures of persons
within the modified area, as are required by law, then the
initiating party, parties or governmental unit has thirty days
after the modification decision to secure enough signatures
to satisfy the legal requirement. If the signatures cannot be
secured then the proposal may be submitted to a vote of the
people, as required by law.
The addition or deletion of property by the board shall
not invalidate a petition which had previously satisfied the
sufficiency of signature provisions of RCW 35.13.130 or
35A.14.120. When the board, after due proceedings held,
disapproves a proposed action, such proposed action shall be
unavailable, the proposing agency shall be without power to
initiate the same or substantially the same as determined by
the board, and any succeeding acts intended to or tending to
effectuate that action shall be void, but such action may be
reinitiated after a period of twelve months from date of
disapproval and shall again be subject to the same consideration.
The board shall not modify or deny a proposed action
unless there is evidence on the record to support a conclusion that the action is inconsistent with one or more of the
objectives under RCW 36.93.180. Every such determination
to modify or deny a proposed action shall be made in
writing pursuant to a motion, and shall be supported by
appropriate written findings and conclusions, based on the
record. [1994 c 216 § 15; 1990 c 273 § 1; 1987 c 477 § 7;
1979 ex.s. c 5 § 13; 1975 1st ex.s. c 220 § 10; 1969 ex.s. c
111 § 8; 1967 c 189 § 15.]
Effective date—1994 c 216: See note following RCW 35.02.015.
Severability—1990 c 273: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 273 § 3.]
Severability—1979 ex.s. c 5: See RCW 36.96.920.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
36.93.153 Review of proposed incorporation in
county with boundary review board. The proposed
incorporation of any city or town that includes territory
located in a county in which a boundary review board exists
shall be reviewed by the boundary review board and action
taken as described under RCW 36.93.150. [1994 c 216 §
10.]
Effective date—1994 c 216: See note following RCW 35.02.015.
36.93.155 Annexation approval—Other action not
authorized. Boundary review board approval, or modification and approval, of a proposed annexation by a city, town,
or special purpose district shall authorize annexation as approved and shall not authorize any other annexation action.
[1989 c 84 § 16.]
36.93.157 Decisions to be consistent with growth
management act. The decisions of a boundary review
board located in a county that is required or chooses to plan
under RCW 36.70A.040 must be consistent with RCW
36.70A.020, 36.70A.110, and 36.70A.210. [1992 c 162 § 2.]
[Title 36 RCW—page 269]
36.93.160
Title 36 RCW: Counties
36.93.160 Hearings—Notice—Record—Subpoenas—
Decision of board—Appellate review. (1) When the
jurisdiction of the boundary review board has been invoked,
the board shall set the date, time and place for a public
hearing on the proposal. The board shall give at least thirty
days’ advance written notice of the date, time and place of
the hearing to the governing body of each governmental unit
having jurisdiction within the boundaries of the territory
proposed to be annexed, formed, incorporated, disincorporated, dissolved or consolidated, or within the boundaries of a
special district whose assets and facilities are proposed to be
assumed by a city or town, and to the governing body of
each city within three miles of the exterior boundaries of the
area and to the proponent of the change. Notice shall also
be given by publication in any newspaper of general circulation in the area of the proposed boundary change at least
three times, the last publication of which shall be not less
than five days prior to the date set for the public hearing.
Notice shall also be posted in ten public places in the area
affected for five days when the area is ten acres or more.
When the area affected is less than ten acres, five notices
shall be posted in five public places for five days. Notice as
provided in this subsection shall include any territory which
the board has determined to consider adding in accordance
with RCW 36.93.150(2).
(2) A verbatim record shall be made of all testimony
presented at the hearing and upon request and payment of
the reasonable costs thereof, a copy of the transcript of the
testimony shall be provided to any person or governmental
unit.
(3) The chairman upon majority vote of the board or a
panel may direct the chief clerk of the boundary review
board to issue subpoenas to any public officer to testify, and
to compel the production by him of any records, books,
documents, public records or public papers.
(4) Within forty days after the conclusion of the final
hearing on the proposal, the board shall file its written
decision, setting forth the reasons therefor, with the board of
county commissioners and the clerk of each governmental
unit directly affected. The written decision shall indicate
whether the proposed change is approved, rejected or
modified and, if modified, the terms of the modification.
The written decision need not include specific data on every
factor required to be considered by the board, but shall
indicate that all standards were given consideration. Dissenting members of the board shall have the right to have their
written dissents included as part of the decision.
(5) Unanimous decisions of the hearing panel or a
decision of a majority of the members of the board shall
constitute the decision of the board and shall not be appealable to the whole board. Any other decision shall be
appealable to the entire board within ten days. Appeals shall
be on the record, which shall be furnished by the appellant,
but the board may, in its sole discretion, permit the introduction of additional evidence and argument. Decisions shall be
final and conclusive unless within thirty days from the date
of the action a governmental unit affected by the decision or
any person owning real property or residing in the area
affected by the decision files in the superior court a notice
of appeal.
The filing of the notice of appeal within the time limit
shall stay the effective date of the decision of the board until
[Title 36 RCW—page 270]
such time as the appeal shall have been adjudicated or
withdrawn. On appeal the superior court shall not take any
evidence other than that contained in the record of the
hearing before the board.
(6) The superior court may affirm the decision of the
board or remand the case for further proceedings; or it may
reverse the decision if any substantial rights may have been
prejudiced because the administrative findings, inferences,
conclusions, or decisions are:
(a) In violation of constitutional provisions, or
(b) In excess of the statutory authority or jurisdiction of
the board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial evidence in
view of the entire record as submitted, or
(f) Clearly erroneous.
An aggrieved party may seek appellate review of any final
judgment of the superior court in the manner provided by
law as in other civil cases. [1994 c 216 § 16; 1988 c 202 §
40; 1987 c 477 § 8; 1971 c 81 § 97; 1969 ex.s. c 111 § 9;
1967 c 189 § 16.]
Effective date—1994 c 216: See note following RCW 35.02.015.
Severability—1988 c 202: See note following RCW 2.24.050.
General corporate powers—Towns, restrictions as to area: RCW
35.21.010.
36.93.170 Factors to be considered by board—
Incorporation proceedings exempt from state environmental policy act. In reaching a decision on a proposal or
an alternative, the board shall consider the factors affecting
such proposal, which shall include, but not be limited to the
following:
(1) Population and territory; population density; land
area and land uses; comprehensive plans and zoning, as
adopted under chapter 35.63, 35A.63, or 36.70 RCW; comprehensive plans and development regulations adopted under
chapter 36.70A RCW; applicable service agreements entered
into under chapter 36.115 or 39.34 RCW; applicable
interlocal annexation agreements between a county and its
cities; per capita assessed valuation; topography, natural
boundaries and drainage basins, proximity to other populated
areas; the existence and preservation of prime agricultural
soils and productive agricultural uses; the likelihood of
significant growth in the area and in adjacent incorporated
and unincorporated areas during the next ten years; location
and most desirable future location of community facilities;
(2) Municipal services; need for municipal services;
effect of ordinances, governmental codes, regulations and
resolutions on existing uses; present cost and adequacy of
governmental services and controls in area; prospects of
governmental services from other sources; probable future
needs for such services and controls; probable effect of
proposal or alternative on cost and adequacy of services and
controls in area and adjacent area; the effect on the finances,
debt structure, and contractual obligations and rights of all
affected governmental units; and
(3) The effect of the proposal or alternative on adjacent
areas, on mutual economic and social interests, and on the
local governmental structure of the county.
(2002 Ed.)
Local Governmental Organization—Boundaries—Review Boards
The provisions of chapter 43.21C RCW, State Environmental Policy, shall not apply to incorporation proceedings
covered by chapter 35.02 RCW. [1997 c 429 § 39; 1989 c
84 § 5; 1986 c 234 § 33; 1982 c 220 § 2; 1979 ex.s. c 142
§ 1; 1967 c 189 § 17.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Severability—1982 c 220: See note following RCW 36.93.100.
Incorporation proceedings exempt from state environmental policy act:
RCW 43.21C.220.
36.93.180 Objectives of boundary review board.
The decisions of the boundary review board shall attempt to
achieve the following objectives:
(1) Preservation of natural neighborhoods and communities;
(2) Use of physical boundaries, including but not limited
to bodies of water, highways, and land contours;
(3) Creation and preservation of logical service areas;
(4) Prevention of abnormally irregular boundaries;
(5) Discouragement of multiple incorporations of small
cities and encouragement of incorporation of cities in excess
of ten thousand population in heavily populated urban areas;
(6) Dissolution of inactive special purpose districts;
(7) Adjustment of impractical boundaries;
(8) Incorporation as cities or towns or annexation to
cities or towns of unincorporated areas which are urban in
character; and
(9) Protection of agricultural and rural lands which are
designated for long term productive agricultural and resource
use by a comprehensive plan adopted by the county legislative authority. [1989 c 84 § 6; 1981 c 332 § 10; 1979 ex.s.
c 142 § 2; 1967 c 189 § 18.]
Severability—1981 c 332: See note following RCW 35.13.165.
36.93.185 Objectives of boundary review board—
Water-sewer district annexations, mergers—Territory not
adjacent to district. The proposal by a water-sewer district
to annex territory that is not adjacent to the district shall not
be deemed to be violative of the objectives of a boundary
review board solely due to the fact that the territory is not
adjacent to the water-sewer district. The proposed consolidation or merger of two or more water-sewer districts that
are not adjacent to each other shall not be deemed to be
violative of the objectives of a boundary review board solely
due to the fact that the districts are not adjacent. [1999 c
153 § 47; 1989 c 308 § 13.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.93.190 Decision of board not to affect existing
franchises, permits, codes, ordinances, etc., for ten years.
For a period of ten years from the date of the final decision,
no proceeding, approval, action, or decision on a proposal or
an alternative shall be deemed to cancel any franchise or
permit theretofore granted by the authorities governing the
territory to be annexed, nor shall it be deemed to supersede
the application as to any territory to be annexed, of such
construction codes and ordinances (including but not limited
to fire, electrical, and plumbing codes and ordinances) as
shall have been adopted by the authorities governing the
(2002 Ed.)
36.93.170
territory to be annexed and in force at the time of the decision. [1967 c 189 § 19.]
36.93.200 Rules and regulations—Adoption procedure. Each review board shall adopt rules governing the
formal and informal procedures prescribed or authorized by
this chapter. Such rules may state the qualifications of
persons for practice before the board. Such rules shall also
include rules of practice before the board, together with
forms and instructions.
To assist interested persons dealing with it, each board
shall so far as deemed practicable supplement its rules with
descriptive statements of its procedures.
Prior to the adoption of any rule authorized by law, or
the amendment or repeal thereof, the board shall file notice
thereof with the clerk of the court of the county in which the
board is located. So far as practicable, the board shall also
publish or otherwise circulate notice of its intended action
and afford interested persons opportunity to submit data or
views either orally or in writing. Such notice shall include
(1) a statement of the time, place, and nature of public rulemaking proceedings, (2) reference to the authority under
which the rule is proposed, and (3) either the terms or
substance of the proposed rule or a description of the
subjects and issues involved.
This paragraph shall not apply to interpretative rules,
general statements of policy, or rules of internal board
organization, procedure or practice. [1967 c 189 § 20.]
36.93.210 Rules and regulations—Filing—
Permanent register. Each board shall file forthwith with
the clerk of the court a certified copy of all rules and regulations adopted. The clerk shall keep a permanent register
of such rules open to public inspection. [1967 c 189 § 21.]
36.93.220 Provisions of prior laws superseded by
chapter. Whenever a review board has been created
pursuant to the terms of this chapter, the provisions of law
relating to city annexation review boards set forth in chapter
35.13 RCW and the powers granted to the boards of county
commissioners to alter boundaries of proposed annexations
or incorporations shall not be applicable. [1967 c 189 § 22.]
36.93.230 Power to disband boundary review
board. When a county and the cities and towns within the
county have adopted a comprehensive plan and consistent
development regulations pursuant to the provisions of
chapter 36.70A RCW, the county may, at the discretion of
the county legislative authority, disband the boundary review
board in that county. [1991 sp.s. c 32 § 22.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
36.93.800 Application of chapter to merged special
purpose districts. This chapter does not apply to the
merger of irrigation districts authorized under RCW
87.03.530(2) and 87.03.845 through 87.03.855 or to the
merger of a drainage improvement district, joint drainage
improvement district, or consolidated drainage improvement
district into an irrigation district authorized by RCW
[Title 36 RCW—page 271]
36.93.800
Title 36 RCW: Counties
87.03.720 through 87.03.745 and 85.08.830 through
85.08.890. [1996 c 313 § 2; 1993 c 235 § 10.]
36.93.900 Effective date—1967 c 189. The effective
date of this chapter is July 1, 1967. [1967 c 189 § 24.]
36.93.910 Severability—1967 c 189. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1967 c 189 § 23.]
Chapter 36.94
SEWERAGE, WATER, AND DRAINAGE SYSTEMS
Sections
36.94.010
36.94.020
36.94.030
36.94.040
36.94.050
36.94.060
36.94.070
36.94.080
36.94.090
36.94.100
36.94.110
36.94.120
36.94.130
36.94.140
36.94.145
36.94.150
36.94.160
36.94.170
36.94.180
36.94.190
36.94.200
36.94.210
36.94.220
36.94.225
36.94.230
36.94.232
36.94.235
36.94.240
36.94.250
36.94.260
36.94.270
Definitions.
Purpose—Powers.
Adoption of sewerage and/or water general plan as element
of comprehensive plan.
Incorporation of provisions of comprehensive plan in general plan.
Review committee—Composition—Submission of plan or
amendment to.
Review committee—Chairman, secretary—Rules—
Quorum—Compensation of members.
Review committee—Review of plan or amendments thereto—Report.
Hearing by board—Notice—Filing general plan.
Adoption, amendment or rejection of plan.
Submission of plan or amendments thereto to certain state
departments—Approval.
Adherence to plan—Procedure for amendment.
Establishment of department for administration of system—
Personnel merit system.
Adoption of rules and regulations.
Authority of county to operate system—Rates and charges,
fixing of—Factors to be considered—Assistance for
low-income persons.
Public property subject to rates and charges for storm water
control facilities.
Lien for delinquent charges.
Tax on gross revenues authorized.
Authority of municipal corporations—Relinquishment of.
Transfer of system upon annexation or incorporation of area.
Contracts with other entities.
Indebtedness—Bonds.
Pledge for payment of principal and interest on revenue or
general obligation bonds.
Local improvement districts and utility local improvement
districts—Establishment—Special assessments.
Exemption of farm and agricultural land from special benefit
assessments.
Local improvement districts and utility local improvement
districts—Initiation of district by resolution or petition—
Publication—Notice to property owners—Contents.
Local improvement districts and utility local improvement
districts—Notice must contain statement that assessments may vary from estimates.
Local improvement districts and utility local improvement
districts—Sanitary sewer or potable water facilities—
Notice to certain property owners.
Local improvement districts and utility local improvement
districts—Hearing—Improvement ordered—Divestment
of power to order, time limitation—Assessment roll.
Local improvement districts and utility local improvement
districts—Notice of filing roll—Hearing on protests.
Local improvement districts and utility local improvement
districts—Hearing on protests—Order—Appeal.
Local improvement districts and utility local improvement
districts—Enlarged local district may be formed.
[Title 36 RCW—page 272]
36.94.280
Local improvement districts and utility local improvement
districts—Conclusiveness of roll when approved—
Adjustments to assessments if other funds become available.
36.94.290 Local improvement districts and utility local improvement
districts—Appellate review.
36.94.300 Local improvement districts and utility local improvement
districts—Segregation of special assessment—Fee—
Costs.
36.94.305 Service fees for sewers not constructed within ten years after
voter approval—Credit against future assessments, service charges.
36.94.310 Transfer of system from municipal corporation to county—
Authorized.
36.94.320 Transfer of system from municipal corporation to county—
Assumption of indebtedness.
36.94.330 Transfer of system from municipal corporation to county—
Transfer agreement.
36.94.340 Transfer of system from municipal corporation to county—
Petition for court approval of transfer—Hearing—
Decree.
36.94.350 Transfer of system from municipal corporation to county—
Dissolution of municipal corporation.
36.94.360 Transfer of system from municipal corporation to county—
RCW 36.94.310 through 36.94.350 deemed alternative
method.
36.94.370 Waiver or delay of collection of tap-in charges, connection
or hookup fees for low income persons.
36.94.380 Local improvement bonds—Local improvement guaranty
fund—Payments—Assessments—Certificates of delinquency.
36.94.390 Local improvement bonds—Local improvement guaranty
fund—Subrogation—Interest—Purchase of real property
at foreclosure sales.
36.94.400 Local improvement bonds—Local improvement guaranty
fund—Claims by bondholders—Transfer of cash balance
to water and/or sewer maintenance fund.
36.94.410 Transfer of system from county to water-sewer district.
36.94.420 Transfer of system from county to water-sewer district—
Annexation—Hearing—Public notice—Operation of
system.
36.94.430 Transfer of system from county to water-sewer district—
Alternative method.
36.94.440 Transfer of system from county to water-sewer district—
Decree by superior court.
36.94.450 Water conservation programs—Issuance of revenue bonds.
36.94.460 Water conservation programs—Counties authorized to provide assistance to water customers.
36.94.470 Storm or surface water drains or facilities—Annexation,
incorporation of area by city or town—Imposition of
rates and charges by county.
36.94.480 Assumption of substandard water system—Limited immunity from liability.
36.94.900 Declaration of purpose.
36.94.910 Authority—Liberal construction of chapter—Modification of
inconsistent acts.
36.94.920 Severability—1967 c 72.
36.94.921 Severability—1975 1st ex.s. c 188.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
Storm water control facilities: RCW 36.89.080 through 36.89.110.
Water-sewer district activities to be approved—Criteria for approval by
county legislative authority: RCW 57.02.040.
36.94.010 Definitions. As used in this chapter:
(1) A "system of sewerage" means and may include any
or all of the following:
(a) Sanitary sewage collection, treatment, and/or
disposal facilities and services, including without limitation
on-site or off-site sanitary sewerage facilities, inspection
services and maintenance services for private or public on(2002 Ed.)
Sewerage, Water, and Drainage Systems
site systems, or any other means of sewage treatment and
disposal approved by the county;
(b) Combined sanitary sewage disposal and storm or
surface water drains and facilities;
(c) Storm or surface water drains, channels, and facilities;
(d) Outfalls for storm drainage or sanitary sewage and
works, plants, and facilities for storm drainage or sanitary
sewage treatment and disposal, and rights and interests in
property relating to the system;
(e) Combined water and sewerage systems;
(f) Point and nonpoint water pollution monitoring
programs that are directly related to the sewerage facilities
and programs operated by a county;
(g) Public restroom and sanitary facilities;
(h) The facilities and services authorized in RCW
36.94.020; and
(i) Any combination of or part of any or all of such
facilities.
(2) A "system of water" means and includes:
(a) A water distribution system, including dams,
reservoirs, aqueducts, plants, pumping stations, transmission
and lateral distribution lines and other facilities for distribution of water;
(b) A combined water and sewerage system;
(c) Any combination of or any part of any or all of such
facilities.
(3) A "sewerage and/or water general plan" means a
general plan for a system of sewerage and/or water for the
county which shall be an element of the comprehensive plan
established by the county pursuant to RCW 36.70.350(6)
and/or chapter 35.63 RCW, if there is such a comprehensive
plan.
(a) A sewerage general plan shall include the general
location and description of treatment and disposal facilities,
trunk and interceptor sewers, pumping stations, monitoring
and control facilities, channels, local service areas and a
general description of the collection system to serve those
areas, a description of on-site sanitary sewerage system inspection services and maintenance services, and other
facilities and services as may be required to provide a
functional and implementable plan, including preliminary
engineering to assure feasibility. The plan may also include
a description of the regulations deemed appropriate to
carrying out surface drainage plans.
(b) A water general plan shall include the general
location and description of water resources to be utilized,
wells, treatment facilities, transmission lines, storage reservoirs, pumping stations, and monitoring and control facilities
as may be required to provide a functional and implementable plan.
(c) Water and/or sewerage general plans shall include
preliminary engineering in adequate detail to assure technical
feasibility and, to the extent then known, shall further
discuss the methods of distributing the cost and expense of
the system and shall indicate the economic feasibility of plan
implementation. The plans may also specify local or lateral
facilities and services. The sewerage and/or water general
plan does not mean the final engineering construction or
financing plans for the system.
(4) "Municipal corporation" means and includes any
city, town, metropolitan municipal corporation, any public
(2002 Ed.)
36.94.010
utility district which operates and maintains a sewer or water
system, any sewer, water, diking, or drainage district, any
diking, drainage, and sewerage improvement district, and any
irrigation district.
(5) A "private utility" means and includes all utilities,
both public and private, which provide sewerage and/or
water service and which are not municipal corporations
within the definition of this chapter. The ownership of a private utility may be in a corporation, nonprofit or for profit,
in a cooperative association, in a mutual organization, or in
individuals.
(6) "Board" means one or more boards of county
commissioners and/or the legislative authority of a home rule
charter county. [1997 c 447 § 10; 1981 c 313 § 14; 1979
ex.s. c 30 § 6; 1971 ex.s. c 96 § 1; 1967 c 72 § 1.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—1971 ex.s. c 96: "This 1971 amendatory act shall
apply to any existing and future sewerage and/or water plans or amendments
thereto and implementations thereof and shall not be deemed to be
prospective only." [1971 ex.s. c 96 § 12.]
Severability—1971 ex.s. c 96: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 96 § 13.]
36.94.020 Purpose—Powers. The construction,
operation, and maintenance of a system of sewerage and/or
water is a county purpose. Subject to the provisions of this
chapter, every county has the power, individually or in
conjunction with another county or counties to adopt,
provide for, accept, establish, condemn, purchase, construct,
add to, operate, and maintain a system or systems of sanitary
and storm sewers, including outfalls, interceptors, plans, and
facilities and services necessary for sewerage treatment and
disposal, and/or system or systems of water supply within all
or a portion of the county. However, counties shall not have
power to condemn sewerage and/or water systems of any
municipal corporation or private utility.
Such county or counties shall have the authority to
control, regulate, operate, and manage such system or
systems and to provide funds therefor by general obligation
bonds, revenue bonds, local improvement district bonds,
utility local improvement district or local improvement
district assessments, and in any other lawful fiscal manner.
Rates or charges for on-site inspection and maintenance
services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
Under this chapter, after July 1, 1998, any requirements
for pumping the septic tank of an on-site sewage system
should be based, among other things, on actual measurement
of accumulation of sludge and scum by a trained inspector,
trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this
chapter, notification must be provided, prior to the applicable
public hearing, to all residences within the proposed service
area that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
[Title 36 RCW—page 273]
36.94.020
Title 36 RCW: Counties
within the proposed service area and must provide information on estimated rates or charges that may be imposed for
the service.
A county shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair
services under this section using county employees unless
the on-site system is connected by a publicly owned collection system to the county’s sewerage system, and the on-site
system represents the first step in the sewage disposal
process. Nothing in this section shall affect the authority of
a state or local health officer to carry out their responsibilities under any other applicable law.
A county may, as part of a system of sewerage established under this chapter, provide for, finance, and operate
any of the facilities and services and may exercise the
powers expressly authorized for county storm water, flood
control, pollution prevention, and drainage services and
activities under chapters 36.89, 86.12, 86.13, and 86.15
RCW. A county also may provide for, finance, and operate
the facilities and services and may exercise any of the
powers authorized for aquifer protection areas under chapter
36.36 RCW; for lake management districts under chapter
36.61 RCW; for diking districts, and diking, drainage, and
sewerage improvement districts under chapters 85.05, 85.08,
85.15, 85.16, and 85.18 RCW; and for shellfish protection
districts under chapter 90.72 RCW. However, if a county by
reference to any of those statutes assumes as part of its
system of sewerage any powers granted to such areas or
districts and not otherwise available to a county under this
chapter, then (1) the procedures and restrictions applicable
to those areas or districts apply to the county’s exercise of
those powers, and (2) the county may not simultaneously
impose rates and charges under this chapter and under the
statutes authorizing such areas or districts for substantially
the same facilities and services, but must instead impose
uniform rates and charges consistent with RCW 36.94.140.
By agreement with such an area or district that is not part of
a county’s system of sewerage, a county may operate that
area’s or district’s services or facilities, but a county may not
dissolve any existing area or district except in accordance
with any applicable provisions of the statute under which
that area or district was created. [1997 c 447 § 11; 1981 c
313 § 1; 1967 c 72 § 2.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Severability—1981 c 313: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 313 § 23.]
36.94.030 Adoption of sewerage and/or water
general plan as element of comprehensive plan. Whenever the county legislative authority deems it advisable and
necessary for the public health and welfare of the inhabitants
of the county to establish, purchase, acquire, and construct
a system of sewerage and/or water, or make any additions
and betterments thereto, or extensions thereof, the board
shall adopt a sewerage and/or water general plan for a
system of sewerage and/or water for all or a portion of the
county as deemed necessary by the board. If the county has
adopted a comprehensive plan for a physical development of
the county pursuant to chapter 36.70 RCW and/or chapter
[Title 36 RCW—page 274]
35.63 RCW, then the sewerage and/or water general plan
shall be adopted as an element of that comprehensive plan
pursuant to the applicable statute. [1981 c 313 § 15; 1967
c 72 § 3.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.040 Incorporation of provisions of comprehensive plan in general plan. The sewerage and/or water
general plan must incorporate the provisions of existing
comprehensive plans relating to sewerage and water systems
of cities, towns, municipalities, and private utilities, to the
extent they have been implemented. [1990 1st ex.s. c 17 §
33; 1967 c 72 § 4.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
36.94.050 Review committee—Composition—
Submission of plan or amendment to. Prior to the adoption of or amendment of the sewerage and/or water general
plan, the county legislative authority (or authorities) shall
submit the plan or amendment to a review committee. The
review committee shall consist of:
(1) A representative of each city with a population of
ten thousand or more within or adjoining the area selected
by the mayor thereof (if there are no such cities within the
plan area, then one representative chosen by the mayor of
the city with the largest population within the plan area);
(2) One representative chosen at large by a majority
vote of the executive officers of the other cities or towns
within or adjoining the area;
(3) A representative chosen by the executive officer or
the chair of the board, as the case may be, of each of the
other municipal corporations and private utilities serving one
thousand or more sewer and/or water customers located
within the area;
(4) One representative chosen at large by a majority
vote of the executive officers and chairs of the boards, as the
case may be, of the other remaining municipal corporations
within the area;
(5) A representative of each county legislative authority
within the planned area, selected by the chair of each board
or county executive, as the case may be; and
(6) In counties where there is a metropolitan municipal
corporation operating a sewerage and/or water system in the
area, the chair of its council or such person as the chair
designates.
If the legislative authority rejects the plan pursuant to
RCW 36.94.090, the review committee shall be deemed to
be dissolved; otherwise the review committee shall continue
in existence to review amendments to the plan. Vacancies
on the committee shall be filled in the same manner as the
original appointment to that position.
Instead of a review committee for each plan area, the
county legislative authority or authorities may create a
review committee for the entire county or counties, and the
review committee shall continue in existence until dissolved
by the county legislative authority or authorities. [1994 c 81
§ 74; 1981 c 313 § 16; 1971 ex.s. c 96 § 2; 1967 c 72 § 5.]
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
(2002 Ed.)
Sewerage, Water, and Drainage Systems
36.94.060 Review committee—Chairman, secretary—Rules—Quorum—Compensation of members. The
members of each review committee shall elect from its
members a chairman and a secretary. The committee shall
determine its own rules and order of business and shall
provide by resolution for the time and manner of its proceedings which shall be a public record. A majority of all the
members shall constitute a quorum for the transaction of
business.
Each member of the committee shall be compensated
from the county current expense fund at the rate of twentyfive dollars per day, or a major portion thereof, for time
actually devoted to the work of the committee in reviewing
any proposed sewerage and/or water general plan or amendments to a plan. Each board of county commissioners shall
provide such funds as shall be necessary to pay the compensation of the members and such other expenses as shall be
reasonably necessary. Such payments shall be reimbursed to
the counties advancing the funds from moneys acquired from
the construction or operation of a sewerage and/or water
system. [1971 ex.s. c 96 § 3; 1967 c 72 § 6.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.070 Review committee—Review of plan or
amendments thereto—Report. The committee shall review
the sewerage and/or water general plan or amendments
thereto and shall report to the board or boards of county
commissioners within ninety days their approval or any
suggested amendments, deletions, or additions. If the committee shall fail to report within the time, the plan or
amendments thereto shall be deemed approved. If the
committee submits a report, the board shall consider and
review the committee’s report and may adopt any recommendations suggested therein. [1971 ex.s. c 96 § 4; 1967 c
72 § 7.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.080 Hearing by board—Notice—Filing
general plan. Before final action thereon the board shall
conduct a public hearing on the plan after ten days published
notice of hearing is given pursuant to RCW 36.32.120(7).
The notice must set out the full official title of the proposed
resolution adopting the plan and a statement describing the
general intent and purpose of the plan. The notice shall also
include the day, hour and place of hearing and must be given
by publication in the newspaper in which legal notices of the
county are printed. Ten days prior to the hearing, three
copies of the sewerage and/or water general plan shall be
filed with the clerk of the board. The copies shall be open
to public inspection. [1967 c 72 § 8.]
36.94.090 Adoption, amendment or rejection of
plan. At the hearing, the board may adopt the plan, or
amend and adopt the plan, or reject any part or all of the
plan. [1967 c 72 § 9.]
36.94.100 Submission of plan or amendments
thereto to certain state departments—Approval. Prior to
the commencement of actual work on any plan or amend(2002 Ed.)
36.94.060
ment thereto approved by the board, it must be submitted for
written approval to the Washington department of social and
health services and to the Washington department of ecology. [1971 ex.s. c 96 § 5; 1967 c 72 § 10.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.110 Adherence to plan—Procedure for
amendment. After adoption of the sewerage and/or water
general plan, all municipal corporations and private utilities
within the plan area shall abide by and adhere to the plan for
the future development of their systems. Whenever the
governing authority of any county or counties or any
municipal corporation deems it to be for the public interest
to amend the sewerage and/or water general plan for such
county or counties, notice shall be filed with the board or
boards of county commissioners. Upon such notice, the
board or boards shall initiate consideration of any amendment requested relating to the plan and proceed as provided
in this chapter for the adoption of an original plan. [1967 c
72 § 11.]
36.94.120 Establishment of department for administration of system—Personnel merit system. The board
shall establish a department in county government for the
purpose of establishing, operating and maintaining the
system or systems of sewerage and/or water. In the department, the board shall establish and provide for the operation
and maintenance of a personnel merit system for the employment, classification, promotion, demotion, suspension,
transfer, layoff and discharge of its appointive officers and
employees, solely on the basis of merit and fitness, without
regard to political influence or affiliation. Such merit system
shall not apply to the chief administrative officer of the department and, if the sewer and/or water utility is a division
of a department having other functions, the chief administrative officer of such utility. [1971 ex.s. c 96 § 6; 1967 c 72
§ 12.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.130 Adoption of rules and regulations. The
board of county commissioners may adopt by resolution
reasonable rules and regulations governing the construction,
maintenance, operation, use, connection and service of the
system of sewerage and/or water. [1967 c 72 § 13.]
36.94.140 Authority of county to operate system—
Rates and charges, fixing of—Factors to be considered—
Assistance for low-income persons. Every county, in the
operation of a system of sewerage and/or water, shall have
full jurisdiction and authority to manage, regulate, and
control it and to fix, alter, regulate, and control the rates and
charges for the service and facilities to those to whom such
service and facilities are available, and to levy charges for
connection to the system. The rates for availability of
service and facilities, and connection charges so charged
must be uniform for the same class of customers or service
and facility.
In classifying customers served, service furnished or
made available by such system of sewerage and/or water, or
[Title 36 RCW—page 275]
36.94.140
Title 36 RCW: Counties
the connection charges, the county legislative authority may
consider any or all of the following factors:
(1) The difference in cost of service to the various
customers within or without the area;
(2) The difference in cost of maintenance, operation,
repair and replacement of the various parts of the systems;
(3) The different character of the service and facilities
furnished various customers;
(4) The quantity and quality of the sewage and/or water
delivered and the time of its delivery;
(5) Capital contributions made to the system or systems,
including, but not limited to, assessments;
(6) The cost of acquiring the system or portions of the
system in making system improvements necessary for the
public health and safety;
(7) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(8) Any other matters which present a reasonable
difference as a ground for distinction.
A county may provide assistance to aid low-income
persons in connection with services provided under this
chapter.
The service charges and rates shall produce revenues
sufficient to take care of the costs of maintenance and
operation, revenue bond and warrant interest and principal
amortization requirements, and all other charges necessary
for the efficient and proper operation of the system. [1997
c 447 § 12; 1995 c 124 § 2; 1990 c 133 § 2; 1975 1st ex.s.
c 188 § 2; 1967 c 72 § 14.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Findings—1990 c 133: "The legislature finds the best interests of the
citizens of the state are served if:
(1) Customers served by public water systems are assured of an
adequate quantity and quality of water supply at reasonable rates;
(2) There is improved coordination between state agencies engaged in
water system planning and public health regulation and local governments
responsible for land use regulation and public health and safety;
(3) Public water systems in violation of health and safety standards
adopted under RCW 43.20.050 remain in operation and continue providing
water service providing that public health is not compromised, assuming a
suitable replacement purveyor is found and deficiencies are corrected in an
expeditious manner consistent with public health and safety; and
(4) The state address[es], in a systematic and comprehensive fashion,
new operating requirements which will be imposed on public water systems
under the federal Safe Drinking Water Act." [1990 c 133 § 1.]
Severability—1990 c 133: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 133 § 12.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.145 Public property subject to rates and
charges for storm water control facilities. Except as
otherwise provided in RCW 90.03.525, any public entity and
public property, including the state of Washington and state
property, shall be subject to rates and charges for storm
water control facilities to the same extent private persons and
private property are subject to such rates and charges that are
imposed by counties pursuant to RCW 36.94.140. In setting
these rates and charges, consideration may be made of inkind services, such as stream improvements or donation of
property. [1986 c 278 § 58; 1983 c 315 § 4.]
Severability—1986 c 278: See note following RCW 36.01.010.
[Title 36 RCW—page 276]
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—
Definitions: RCW 90.03.500 through 90.03.525. See also RCW
35.67.025, 35.92.021, and 36.89.085.
36.94.150 Lien for delinquent charges. All counties
operating a system of sewerage and/or water shall have a
lien for delinquent connection charges and charges for the
availability of sewerage and/or water service, together with
interest fixed by resolution at eight percent per annum from
the date due until paid. Penalties of not more than ten
percent of the amount due may be imposed in case of failure
to pay the charges at times fixed by resolution. The lien
shall be for all charges, interest, and penalties and shall
attach to the premises to which the services were available.
The lien shall be superior to all other liens and encumbrances, except general taxes and local and special assessments of
the county.
The county department established in RCW 36.94.120
shall certify periodically the delinquencies to the auditor of
the county at which time the lien shall attach.
Upon the expiration of sixty days after the attachment
of the lien, the county may bring suit in foreclosure by civil
action in the superior court of the county where the property
is located. Costs associated with the foreclosure of the lien,
including but not limited to advertising, title report, and
personnel costs, shall be added to the lien upon filing of the
foreclosure action. In addition to the costs and disbursements provided by statute, the court may allow the county a
reasonable attorney’s fee. The lien shall be foreclosed in the
same manner as the foreclosure of real property tax liens.
[1997 c 393 § 9; 1975 1st ex.s. c 188 § 3; 1967 c 72 § 15.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.160 Tax on gross revenues authorized. The
county shall have the power to levy a tax on the system of
sewerage and/or water operated by the county or counties as
authorized by this chapter, not to exceed eight percent per
annum, on the gross revenues, to be paid to the county’s
general fund for payment of all costs of planning, financing,
construction and operation of the system. [1967 c 72 § 16.]
36.94.170 Authority of municipal corporations—
Relinquishment of. The primary authority to construct,
operate and maintain a system of sewerage and/or water
within the boundaries of a municipal corporation which lies
within the area of the county’s sewerage and/or water
general plan shall remain with such municipal corporation.
A county, after it has adopted and received the necessary
approvals of its sewer and/or water general plan under the
provisions of chapter 36.94 RCW may construct, own,
operate and maintain a system of sewerage and/or water
within the boundaries of a city or town with the written
consent of such city or town and within any other municipal
corporation provided such municipal corporation (1) has the
legislative authority to operate such a utility; and (2)(a) has
given its written consent to the county to operate therein; or
(b) after adoption of a comprehensive plan or an amendment
thereto for the area involved, the municipal corporation has
not within twelve months after receiving notice by the
(2002 Ed.)
Sewerage, Water, and Drainage Systems
county of its intention to serve that area held a formation
hearing for a utility local improvement district.
Prior to exercising any authority granted in this section,
the county shall compensate such municipal corporation for
its reasonable costs, expenses and obligations actually
incurred or contracted which are directly related to and
which benefit the area which the county proposes to serve.
The county may contract with a municipal corporation to
furnish such utility service within any municipal corporation.
Except in the case of annexations provided for in RCW
36.94.180, once a county qualifies under this section to serve
within a municipal corporation, no municipal corporation
may construct or operate a competing utility in the same
territory to be served by the county if the county proceeds
within a reasonable period of time with the construction of
its proposed facilities including the sale of any bonds to
finance the same.
As may be permitted by other statutes, a city or town
may provide water or sewer service outside of its corporate
limits, but such service may not conflict with the county plan
or any county, sewer or water facilities installed or being
installed.
A county proposing to exercise any authority granted in
this section shall give written notice of such intention to the
municipal corporation involved and to the boundary review
board, if any, of such county. Within sixty days of the filing
of such notice of intention, review by the boundary review
board of the proposed action may be requested as provided
by the provisions of RCW 36.93.100 through 36.93.180. In
the event of such review, the board shall consider the factors
set forth in this section in addition to the factors and
objectives set forth in RCW 36.93.170 and 36.93.180. [1971
ex.s. c 96 § 7; 1967 c 72 § 17.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.180 Transfer of system upon annexation or
incorporation of area. In the event of the annexation to a
city or town of an area, or incorporation of an area, in which
a county is operating a sewerage and/or water system, the
property, facilities, and equipment of such sewerage and/or
water system lying within the annexed or incorporated area
may be transferred to the city or town if such transfer will
not materially affect the operation of any of the remaining
county system, subject to the assumption by the city or town
of the county’s obligations relating to such property, facilities, and equipment, under the procedures specified in, and
pursuant to the authority contained in, chapter 35.13A RCW.
[1986 c 234 § 34; 1983 c 3 § 82; 1971 ex.s. c 96 § 8; 1967
c 72 § 18.]
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.190 Contracts with other entities. Every
county in furtherance of the powers granted by this chapter
shall be authorized to contract with the federal government,
the state of Washington, or any city or town, within or
without the county, and with any other county, and with any
municipal corporation as defined herein or with any other
municipal corporation created under the laws of the state of
Washington and not limited as defined in RCW 36.94.010,
(2002 Ed.)
36.94.170
or political subdivision, and with any person, firm or
corporation in and for the establishment, maintenance and
operation of all or a portion of a system or systems of
sewerage and/or water supply.
The state and such city, town, person, firm, corporation,
municipal corporation and any other municipal corporation
created under the laws of the state of Washington and not
limited as defined in RCW 36.94.010, and political subdivision, is authorized to contract with a county or counties for
such purposes. [1967 c 72 § 19.]
36.94.200 Indebtedness—Bonds. The legislative
authority of any county is hereby authorized for the purpose
of carrying out the lawful powers granted by this chapter to
contract indebtedness and to issue and sell general obligation
bonds pursuant to and in the manner provided for general
county bonds in chapters 36.67 and 39.46 RCW and other
applicable statutes; and to issue revenue bonds pursuant to
and in the manner provided for revenue bonds in chapter
36.67 RCW and other applicable statutes. The county
legislative authority may also issue local improvement district bonds in the manner provided for cities and towns.
[1984 c 186 § 35; 1983 c 167 § 101; 1981 c 313 § 2; 1967
c 72 § 20.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.210 Pledge for payment of principal and
interest on revenue or general obligation bonds. The
board of county commissioners of any county in adopting
and establishing a system of sewerage and/or water may set
aside into a special fund and pledge to the payment of the
principal and interest due on any county revenue bonds or
general obligation bonds any sums or amounts which may
accrue from the collection of rates and charges for the
private and public use of the system or systems. [1975 1st
ex.s. c 188 § 4; 1967 c 72 § 21.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.220 Local improvement districts and utility
local improvement districts—Establishment—Special
assessments. (1) A county shall have the power to establish
utility local improvement districts and local improvement
districts within the area of a sewerage and/or water general
plan and to levy special assessments under a mode of annual
installments extending over a period not exceeding twenty
years on all property specially benefited by any local improvement on the basis of the special benefits to pay in
whole or in part the damages or costs of any improvements
ordered in such county.
(2) Utility local improvement districts and local improvement districts may include territory within a city or
town only with the written consent of the city or town, but
if the local district is formed before such area is included
within the city or town, no such consent shall be necessary.
Utility local improvement districts and local improvement
districts used to provide sewerage disposal systems may
include territory within a water-sewer district providing
sewerage disposal systems only with the written consent of
[Title 36 RCW—page 277]
36.94.220
Title 36 RCW: Counties
such a water-sewer district, but if the local district is formed
before such area is included within such a water-sewer
district, no consent is necessary. Utility local improvement
districts and local improvement districts used to provide
water systems may include territory within a water-sewer
district providing water systems only with the written
consent of such a water-sewer district, but if the local district
is formed before such area is included within such a watersewer district, no consent is necessary.
(3) The levying, collection, and enforcement of all
public assessments hereby authorized shall be in the manner
now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by
cities and towns, insofar as the same shall not be inconsistent with the provisions of this chapter. In addition, the
county shall file the preliminary assessment roll at the time
and in the manner prescribed in RCW 35.50.005. The duties
devolving upon the city or town treasurer under such laws
are imposed upon the county treasurer for the purposes of
this chapter. The mode of assessment shall be in the manner
to be determined by the county legislative authority by
ordinance or resolution. As an alternative to equal annual
assessment installments of principal provided for cities and
towns, a county legislative authority may provide for the
payment of such assessments in equal annual installments of
principal and interest. Assessments in any local district may
be made on the basis of special benefits up to but not in
excess of the total cost of any sewerage and/or water improvement made with respect to that local district and the
share of any general sewerage and/or water facilities allocable to that district. In utility local improvement districts,
assessments shall be deposited into the revenue bond fund or
general obligation bond fund established for the payment of
bonds issued to pay such costs which bond payments are
secured in part by the pledge of assessments, except pending
the issuance and sale of such bonds, assessments may be
deposited in a fund for the payment of such costs. In local
improvement districts, assessments shall be deposited into a
fund for the payment of such costs and local improvement
bonds issued to finance the same or into the local improvement guaranty fund as provided by applicable statute. [1999
c 153 § 48; 1981 c 313 § 3; 1975 1st ex.s. c 188 § 5; 1971
ex.s. c 96 § 9; 1967 c 72 § 22.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Severability—1981 c 313: See note following RCW 36.94.020.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
Local improvements, supplemental authority: Chapter 35.51 RCW.
36.94.225 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
36.94.230 Local improvement districts and utility
local improvement districts—Initiation of district by
resolution or petition—Publication—Notice to property
owners—Contents. Utility local improvement districts and
local improvement districts to carry out all or any portion of
the general plan, or additions and betterments thereof, may
[Title 36 RCW—page 278]
be initiated either by resolution of the county legislative
authority or by petition signed by the owners according to
the records of the office of the county assessor of at least
fifty-one percent of the area of land within the limits of the
local district to be created.
In case the county legislative authority desires to initiate
the formation of a local district by resolution, it shall first
pass a resolution declaring its intention to order such
improvement, setting forth the nature and territorial extent of
such proposed improvement, designating the number of the
proposed local district, describing the boundaries thereof,
stating the estimated cost and expense of the improvement
and the proportionate amount thereof which will be borne by
the property within the proposed district, and fixing a date,
time, and place for a public hearing on the formation of the
proposed local district.
In case any such local district is initiated by petition,
such petition shall set forth the nature and territorial extent
of such proposed improvement and the fact that the signers
thereof are the owners according to the records of the county
assessor of at least fifty-one percent of the area of land
within the limits of the local district to be created. Upon the
filing of such petition with the clerk of the county legislative
authority, the authority shall determine whether the same is
sufficient, and the authority’s determination thereof shall be
conclusive upon all persons. No person may withdraw his
or her name from said petition after the filing thereof with
the clerk of the county legislative authority. If the county
legislative authority finds the petition to be sufficient, it shall
proceed to adopt a resolution declaring its intention to order
the improvement petitioned for, setting forth the nature and
territorial extent of said improvement, designating the
number of the proposed local district, describing the boundaries thereof, stating the estimated cost and expense of the
improvement and the proportionate amount thereof which
will be borne by the property within the proposed local
district, and fixing a date, time, and place for a public hearing on the formation of the proposed local district.
Notice of the adoption of the resolution of intention,
whether adopted on the initiative of the board or pursuant to
a petition of the property owners, shall be published in at
least two consecutive issues of a newspaper of general
circulation in the proposed local district, the date of the first
publication to be at least fifteen days prior to the date fixed
by such resolution for hearing before the county legislative
authority. Notice of the adoption of the resolution of
intention shall also be given each owner or reputed owner of
any lot, tract, parcel of land, or other property within the
proposed local district by mailing said notice at least fifteen
days before the date fixed for the public hearing to the
owner or reputed owner of the property as shown on the tax
rolls of the county treasurer at the address shown thereon.
The notice shall refer to the resolution of intention and
designate the proposed local district by number. Said notice
shall also set forth the nature of the proposed improvement,
the total estimated cost, the proportion of total cost to be
borne by assessments, the estimated amount of the cost and
expense of such improvement to be borne by the particular
lot, tract, or parcel, the date, time, and place of the hearing
before the county legislative authority; and in the case of
improvements initiated by resolution, said notice shall also
state that all persons desiring to object to the formation of
(2002 Ed.)
Sewerage, Water, and Drainage Systems
the proposed district must file their written protests with the
clerk of the county legislative authority before the time fixed
for said public hearing. [2002 c 168 § 2; 1981 c 313 § 4;
1971 ex.s. c 96 § 10; 1967 c 72 § 23.]
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.232 Local improvement districts and utility
local improvement districts—Notice must contain statement that assessments may vary from estimates. Any notice given to the public or to the owners of specific lots,
tracts, or parcels of land relating to the formation of a local
improvement district or utility local improvement district
shall contain a statement that actual assessments may vary
from assessment estimates so long as they do not exceed a
figure equal to the increased true and fair value the improvement adds to the property. [1989 c 243 § 6.]
36.94.235 Local improvement districts and utility
local improvement districts—Sanitary sewer or potable
water facilities—Notice to certain property owners.
Whenever it is proposed that a local improvement district or
utility local improvement district finance sanitary sewers or
potable water facilities, additional notice of the public
hearing on the proposed improvement district shall be mailed
to the owners of any property located outside of the proposed improvement district that would be required as a
condition of federal housing administration loan qualification, at the time of notice, to be connected to the specific
sewer or water facilities installed by the local improvement
district. The notice shall include information about this
restriction. [1987 c 315 § 3.]
36.94.240 Local improvement districts and utility
local improvement districts—Hearing—Improvement
ordered—Divestment of power to order, time limitation—
Assessment roll. Whether the improvement is initiated by
petition or resolution, the county legislative authority shall
conduct a public hearing at the time and place designated in
the notice to the property owners. At this hearing the
authority shall hear objections from any person affected by
the formation of the local district and may make such
changes in the boundaries of the district or such modifications in plans for the proposed improvement as are deemed
necessary: PROVIDED, That the authority may not change
the boundaries of the district to include property not previously included therein without first passing a new resolution
of intention and giving a new notice to property owners in
the manner and form and within the time herein provided for
the original notice.
After said hearing the county legislative authority has
jurisdiction to overrule protests and proceed with any such
improvement initiated by petition or resolution: PROVIDED, That the jurisdiction of the authority to proceed with
any improvement initiated by resolution shall be divested by
protests filed with the clerk of the authority prior to said
public hearing signed by the owners, according to the
records of the county auditor, of at least forty percent of the
area of land within the proposed local district. No action
whatsoever may be maintained challenging the jurisdiction
(2002 Ed.)
36.94.230
or authority of the county to proceed with the improvement
and creating the local district or in any way challenging the
validity thereof or any proceedings relating thereto unless
that action is served and filed no later than thirty days after
the date of passage of the resolution ordering the improvement and creating the local district.
If the county legislative authority finds that the district
should be formed, it shall by resolution order the improvement, adopt detailed plans of the local district and declare
the estimated cost thereof, acquire all necessary land
therefor, pay all damages caused thereby, and commence in
the name of the county such eminent domain proceedings
and supplemental assessment or reassessment proceedings to
pay all eminent domain awards as may be necessary to entitle the county to proceed with the work. The county
legislative authority shall proceed with the work and file
with the county treasurer its roll levying special assessments
in the amount to be paid by special assessment against the
property situated within the local district in proportion to the
special benefits to be derived by the property therein from
the improvement. [1981 c 313 § 5; 1971 ex.s. c 96 § 11;
1967 c 72 § 24.]
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—Severability—1971 ex.s. c 96: See notes following
RCW 36.94.010.
36.94.250 Local improvement districts and utility
local improvement districts—Notice of filing roll—
Hearing on protests. Before the approval of the roll a
notice shall be published once a week for two consecutive
weeks in a newspaper of general circulation in the local
district, stating that the roll is on file and open to inspection
in the office of the county legislative authority, and fixing
the time, not less than fifteen or more than forty-five days
from the date of the first publication of the notice, within
which protests must be filed with the clerk against any
assessments shown thereon, and fixing a time when a
hearing will be held on the protests. The hearing shall be
held before the county legislative authority, or the county
legislative authority may direct that the hearing shall be held
before either a committee of the legislative authority or a
designated officer. The notice shall also be given by mailing
at least fifteen days before the hearing, a similar notice to
the owners or reputed owners of the land in the local district
as they appear on the books of the treasurer of the county.
[1981 c 313 § 17; 1967 c 72 § 25.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.260 Local improvement districts and utility
local improvement districts—Hearing on protests—
Order—Appeal. (1) At such hearing on a protest to an
assessment, or any adjournment thereof, the county legislative authority or committee or officer shall sit as a board of
equalization. If the protest is heard by the county legislative
authority, it shall have power to correct, revise, raise, lower,
change, or modify such roll, or any part thereof, and to set
aside such roll, and order that such assessment be made de
novo, as shall appear equitable and just. If the protest is
heard by a committee or officer, the committee or officer
shall make recommendations to the county legislative
authority which shall either adopt or reject the recommenda[Title 36 RCW—page 279]
36.94.260
Title 36 RCW: Counties
tions of the committee or officer. If a hearing is held before
such a committee or officer, it shall not be necessary to hold
a hearing on the assessment roll before such legislative
authority: PROVIDED, That any county providing for an
officer to hear such protests shall adopt an ordinance
providing for an appeal from a decision made by the officer
that any person protesting his or her assessment may make
to the legislative authority. The county legislative authority
shall, in all instances, approve the assessment roll by
ordinance or resolution.
(2) In the event of any assessment being raised a new
notice similar to such first notice shall be given, after which
final approval of such roll may be made by the county
legislative authority or committee or officer. Whenever any
property has been entered originally upon such roll and the
assessment upon any such property shall not be raised, no
objection thereto may be considered by the county legislative
authority or committee or officer or by any court on appeal
unless such objection be made in writing at, or prior, to the
date fixed for the original hearing upon such roll. [1981 c
313 § 18; 1967 c 72 § 26.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.270 Local improvement districts and utility
local improvement districts—Enlarged local district may
be formed. If any portion of the system after its installation
in such local district is not adequate for the purpose for
which it was intended, or that for any reason changes,
alterations, or betterments are necessary in any portion of the
system after its installation, then such district, with boundaries which may include one or more existing local districts,
may be created in the same manner as is provided herein for
the creation of local districts. Upon the organization of such
local district as provided for in this section the plan of the
improvement and the payment of the cost of the improvement shall be carried out in the same manner as is provided
herein for the carrying out of and the paying for the improvement in the utility local improvement districts or local
improvement districts previously provided for in this chapter.
[1981 c 313 § 6; 1967 c 72 § 27.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.280 Local improvement districts and utility
local improvement districts—Conclusiveness of roll when
approved—Adjustments to assessments if other funds become available. Whenever any assessment roll for local
improvements has been confirmed by the county legislative
authority, the regularity, validity and correctness of the
proceedings relating to the improvement and to the assessment therefor, including the action of the county legislative
authority upon the assessment roll and the confirmation
thereof, shall be conclusive in all things upon all parties, and
cannot in any manner be contested or questioned in any
proceeding by any person not filing written objections to the
assessment roll in the manner and within the time provided
in this chapter, and not appealing from the action of the
county legislative authority in confirming the assessment roll
in the manner and within the time in this chapter provided.
No proceedings of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any assessment, or the sale of any property to pay an assessment, or
[Title 36 RCW—page 280]
any certificate of delinquency issued therefor, or the foreclosure of any lien issued therefor: PROVIDED, That this
section shall not be construed as prohibiting the bringing of
injunction proceedings to prevent the sale of any real estate
upon the grounds:
(1) That the property about to be sold does not appear
upon the assessment roll, or
(2) That the assessment has been paid.
If federal, local, or state funds become available for a
local improvement after the assessment roll has been
confirmed by the county legislative authority, the funds may
be used to lower the assessments on a uniform basis. Any
adjustments to the assessments because of the availability of
federal or state funds may be made on the next annual
payment. [1985 c 397 § 10; 1967 c 72 § 28.]
Severability—1985 c 397: See RCW 35.51.901.
36.94.290 Local improvement districts and utility
local improvement districts—Appellate review. The
decision of the board of county commissioners upon any objections made within the time and in the manner herein
prescribed, may be reviewed by the superior court upon an
appeal thereto taken in the following manner. Such appeal
shall be made by filing written notice of appeal with the
clerk of the board of county commissioners and with the
clerk of the superior court within ten days after the resolution confirming such assessment roll shall have become
published, and such notice shall describe the property and set
forth the objections of such appellant to such assessment.
Within the ten days from the filing of such notice of appeal
with the clerk of the superior court, the appellant shall file
with the clerk of said court, a transcript consisting of the
assessment roll and his objections thereto, together with the
resolution confirming such assessment roll and the record of
the board of county commissioners with reference to said
assessment, which transcript, upon payment of the necessary
fees therefor, shall be furnished by such clerk of the board
of county commissioners and by him certified to contain full,
true and correct copies of all matters and proceedings
required to be included in such transcript. Such fees shall be
the same as the fees payable to the county clerk for the
preparation and certification of transcripts on appeal to the
supreme court or the court of appeals in civil actions. At the
time of the filing of the notice of appeal with the clerk of
the superior court a sufficient bond in the penal sum of two
hundred dollars, with sureties thereon as provided by law for
appeals in civil cases, shall be filed conditioned to prosecute
such appeal without delay, and if unsuccessful, to pay all
costs to which the county is put by reason of such appeal.
The court may order the appellant upon application therefor,
to execute and file such additional bond or bonds as the
necessity of the case may require. Within three days after
such transcript is filed in the superior court, as aforesaid, the
appellant shall give written notice to the clerk of the board
of county commissioners that such transcript is filed. Said
notice shall state a time, not less than three days from the
service thereof, when the appellant will call up the said
cause for hearing. The superior court shall, at said time or
at such further time as may be fixed by order of the court,
hear and determine such appeal without a jury, and such
cause shall have preference over all civil causes pending in
(2002 Ed.)
Sewerage, Water, and Drainage Systems
said court, except proceedings under an act relating to
eminent domain in such county and actions of forcible entry
and detainer. The judgment of the court shall confirm,
correct, modify or annul the assessment insofar as the same
affects the property of the appellant. A certified copy of the
decision of the court shall be filed with the officer who shall
have the custody of the assessment roll, and he shall modify
and correct such assessment roll in accordance with such
decision. Appellate review of the judgment of the superior
court may be sought as in other cases. However, review
must be sought within fifteen days after the date of the entry
of the judgment of such superior court. The supreme court
or the court of appeals on such appeal may correct, change,
modify, confirm or annul the assessment insofar as the same
affects the property of the appellant. A certified copy of the
order of the supreme court or the court of appeals upon such
appeal shall be filed with the officer having custody of such
assessment roll, who shall thereupon modify and correct
such assessment roll in accordance with such decision.
[1988 c 202 § 41; 1971 c 81 § 98; 1967 c 72 § 29.]
Rules of court: Cf. RAP 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
36.94.300 Local improvement districts and utility
local improvement districts—Segregation of special
assessment—Fee—Costs. Whenever any land against
which there has been levied any special assessment by a
county shall have been sold in part or subdivided, the board
of county commissioners of such county shall have the
power to order a segregation of the assessment.
Any person desiring to have such a special assessment
against a tract of land segregated to apply to smaller parts
thereof shall apply to the board of county commissioners
which levied the assessment. If the board determines that a
segregation should be made, they shall by resolution order
the county treasurer to make segregation on the original
assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as
the original assessment was levied, and the total of the
segregated parts of the assessment shall equal the assessment
before segregation. The resolution shall describe the original
tract, the amount and date of the original assessment, and
shall define the boundaries of the divided parts and the
amount of the assessment chargeable to each part. A
certified copy of the resolution shall be delivered to the
county treasurer who shall proceed to make the segregation
ordered upon being tendered a fee of three dollars for each
tract of land for which a segregation is to be made. In
addition to such charge the board of county commissioners
may require as a condition to the order of segregation that
the person seeking it pay the county the reasonable engineering and clerical costs incident to making the segregation.
[1967 c 72 § 30.]
36.94.305 Service fees for sewers not constructed
within ten years after voter approval—Credit against
future assessments, service charges. See RCW 35.43.260.
36.94.310 Transfer of system from municipal
corporation to county—Authorized. Subject to the
provisions of RCW 36.94.310 through 36.94.350 a municipal
(2002 Ed.)
36.94.290
corporation may transfer to the county within which all of its
territory lies, all or part of the property constituting its
system of sewerage, system of water or combined water and
sewerage system, together with any of its other real or
personal property used or useful in connection with the
operation, maintenance, repair, replacement, extension, or
financing of that system, and the county may acquire such
property on such terms as may be mutually agreed upon by
the governing body of the municipal corporation and the
legislative authority of the county, and approved by the
superior court for such county. [1975 1st ex.s. c 188 § 7.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.320 Transfer of system from municipal
corporation to county—Assumption of indebtedness. In
consideration of a transfer of property by a municipal
corporation to a county in the manner provided in RCW
36.94.310 through 36.94.350, a county may assume and
agree to pay or provide for the payment of all or part of the
indebtedness of a municipal corporation including the
payment and retirement of outstanding general obligation and
revenue bonds issued by a municipal corporation. Until the
indebtedness of a municipal corporation thus assumed by a
county has been discharged, all property within the municipal corporation and the owners and occupants of that
property, shall continue to be liable for taxes, special
assessments, and other charges legally pledged to pay such
indebtedness. The county may assume the obligation of
causing the payment of such indebtedness, collecting such
taxes, assessments, and charges and observing and performing the other contractual obligations of the municipal
corporation. The legislative authority of the county may act
in the same manner as the governing body of the municipal
corporation for the purpose of certifying the amount of any
property tax to be levied and collected therein, and may
cause service and other charges and assessments to be
collected from such property or owners or occupants thereof,
enforce such collection and perform all other acts necessary
to insure performance of the contractual obligations of the
municipal corporation in the same manner and by the same
means as if the property of the municipal corporation had
not been acquired by the county.
When a county assumes the obligation of paying
indebtedness of a municipal corporation and if property taxes
or assessments have been levied and service and other
charges have accrued for such purpose but have not been
collected by the municipal corporation prior to such assumption, the same when collected shall belong and be paid to the
county and be used by such county so far as necessary for
payment of the indebtedness of the municipal corporation
existing and unpaid on the date such county assumed that
indebtedness. Any funds received by the county which have
been collected for the purpose of paying any bonded or other
indebtedness of the municipal corporation shall be used for
the purpose for which they were collected and for no other
purpose until such indebtedness has been paid and retired or
adequate provision has been made for such payment and
retirement. No transfer of property as provided in *this
amendatory act shall derogate from the claims or rights of
the creditors of the municipal corporation or impair the
[Title 36 RCW—page 281]
36.94.320
Title 36 RCW: Counties
ability of the municipal corporation to respond to its debts
and obligations. [1975 1st ex.s. c 188 § 8.]
*Reviser’s note: For codification of "this amendatory act" [1975 1st
ex.s. c 188], see Codification Tables, Volume 0.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.330 Transfer of system from municipal
corporation to county—Transfer agreement. The governing body of a municipal corporation proposing to transfer all
or part of its property to a county in the manner provided by
RCW 36.94.310 through 36.94.350 and the legislative
authority of a county proposing to accept such property, and
to assume if it so agrees any indebtedness of the municipal
corporation in consideration of such transfer, shall adopt
resolutions or ordinances authorizing respectively the
execution of a written agreement setting forth the terms and
conditions upon which they have agreed and finding the
transfer and acquisition of property pursuant to such agreement to be in the public interest and conducive to the public
health, safety, welfare, or convenience. Such written
agreement may include provisions, by way of description and
not by way of limitation, for the rights, powers, duties, and
obligations of such municipal corporation and county with
regard to the use and ownership of property, the providing
of services, the maintenance and operation of facilities, the
allocation of costs, the financing and construction of new
facilities, the application and use of assets, the disposition of
liabilities and indebtedness, the performance of contractual
obligations, and any other matters relating to the proposed
transfer of property, which may be preceded by an interim
period of operation by the county of the property and
facilities subsequently to be transferred to that county. The
agreement may provide for a period of time during which
the municipal corporation may continue to exercise certain
rights, privileges, powers, and functions authorized to it by
law including the ability to promulgate rules and regulations,
to levy and collect special assessments, rates, charges,
service charges and connection fees, and to adopt and carry
out the provisions of a comprehensive plan, and amendments
thereto, for a system of improvements and to issue general
obligation bonds or revenue bonds in the manner provided
by law, or the agreement may provide for the exercise for a
period of time of all or some of such rights, privileges,
powers, and functions by the county. The agreement may
provide that either party thereto may authorize, issue and
sell, in the manner provided by law, revenue bonds to
provide funds for new water or sewer improvements or to
refund or advance refund any water revenue, sewer revenue
or combined water and sewer revenue bonds outstanding of
either or both such parties. The agreement may provide that
either party thereto may authorize and issue, in the manner
provided by law, general obligation or revenue bonds of like
amounts, terms, conditions and covenants as the outstanding
bonds of either or both such parties and such new bonds
may be substituted or exchanged for such outstanding bonds
to the extent permitted by law. [1975 1st ex.s. c 188 § 9.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.340 Transfer of system from municipal
corporation to county—Petition for court approval of
transfer—Hearing—Decree. When a municipal corporation
[Title 36 RCW—page 282]
and a county have entered into a written agreement providing for the transfer to such county of all or part of the
property of such municipal corporation, proceedings may be
initiated in the superior court for that county by the filing of
a petition to which there shall be attached copies of the
agreement of the parties and of the resolutions of the
governing body of the municipal corporation and the
legislative authority of the county authorizing its execution.
Such petition shall ask that the court approve and direct the
proposed transfer of property, and any assumption of
indebtedness agreed to in consideration thereof by the
county, after finding such transfer and acquisition of property to be in the public interest and conducive to the public
health, safety, welfare, or convenience. Such petition shall
be signed by the members of the legislative authority of the
county or chief administrative officer of the municipal
corporation and the chairman of the legislative authority of
the county, respectively, upon authorization by the governing
body of the municipal corporation and the legislative
authority of the county.
Within thirty days after the filing of the petition of the
parties with copies of their agreement and the resolutions
authorizing its execution attached thereto, the court shall by
order fix a date for a hearing on the petition not less than
twenty nor more than ninety days after the entry of such
order which also shall prescribe the form and manner of
notice of such hearing to be given. After considering the
petition and such evidence as may be presented at the
hearing thereon, the court may determine by decree that the
proposed transfer of property is in the public interest and
conducive to the public health, safety, welfare, or convenience, approve the agreement of the parties and direct that
such transfer be accomplished in accordance with that
agreement at the time and in the manner prescribed by the
court decree. [1975 1st ex.s. c 188 § 10.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.350 Transfer of system from municipal
corporation to county—Dissolution of municipal corporation. In the event the agreement of the parties provides
for the transfer to the county of all the property of the
municipal corporation or all such property except bond
redemption funds in the possession of the county treasurer
from which outstanding bonds of the municipal corporation
are payable, and the agreement also provides for the assumption and payment by the county of all the indebtedness of
the municipal corporation including the payment and
retirement of all its outstanding bonds, and if the petition of
the parties so requests, the court in the decree approving and
directing the transfer of property, or in a subsequent decree,
may dissolve the municipal corporation effective as of the
time of transfer of property or at such time thereafter as the
court may determine and establish. [1975 1st ex.s. c 188 §
11.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.360 Transfer of system from municipal
corporation to county—RCW 36.94.310 through
36.94.350 deemed alternative method. The provisions of
RCW 36.94.310 through 36.94.350 shall be deemed to provide an alternative method for the doing of the things therein
(2002 Ed.)
Sewerage, Water, and Drainage Systems
authorized and shall not be construed as imposing any
additional conditions upon the exercise of any other powers
vested in municipal corporations or counties. [1975 1st ex.s.
c 188 § 12.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.370 Waiver or delay of collection of tap-in
charges, connection or hookup fees for low income
persons. Whenever a county waives or delays collection of
tap-in charges, connection fees or hookup fees for low
income persons, or class of low income persons, to connect
to a system of sewerage or a system of water, the waiver or
delay shall be pursuant to a program established by ordinance. [1980 c 150 § 2.]
36.94.380 Local improvement bonds—Local improvement guaranty fund—Payments—Assessments—
Certificates of delinquency. Every county adopting a water
and/or sewerage general plan is hereby authorized to create
a fund for the purpose of guaranteeing, to the extent of such
fund, and in the manner hereinafter provided, the payment of
all of its local improvement bonds issued, subsequent to May
19, 1981, to pay for any water or sewerage local improvement within its confines. Such fund shall be designated
". . . . . . County Local Improvement Guaranty Fund" and
shall be established by resolution of the county legislative
authority. For the purpose of maintaining such fund, every
county, after the establishment thereof, shall at all times set
aside and pay into such a fund such proportion of the
monthly gross revenues of the water and/or sewerage system
of such county as the legislative authority thereof may direct
by resolution. This proportion may be varied from time to
time as the county legislative authority deems expedient or
necessary, except that under the existence of the conditions
set forth in subsections (1) and (2) of this section, the proportion must be as therein specified.
(1) Whenever any bonds of any local improvement
district have been guaranteed under RCW 36.94.380 through
36.94.400 and the guaranty fund does not have a cash
balance equal to five percent of all bonds originally guaranteed under this chapter (excluding issues which have been
retired in full), then five percent of the gross monthly
revenues derived from all water and sewer users in the
territory included in that local improvement district (but not
necessarily from users in other parts of the county as a
whole) may be set aside and paid into the guaranty fund.
Whenever, under the requirements of this subsection, the
cash balance accumulates so that it is equal to five percent
of all bonds guaranteed, or to the full amount of all bonds
guaranteed, outstanding and unpaid (which amount might be
less than five percent of the original total guaranteed), then
no further moneys need be set aside and paid into the
guaranty fund so long as that condition continues.
(2) Whenever any warrants issued against the guaranty
fund, as provided in this section, remain outstanding and
uncalled for lack of funds for six months from the date of
issuance thereof; or whenever any coupons or bonds guaranteed under this chapter have been matured for six months
and have not been redeemed either in cash or by issuance
and delivery of warrants upon the guaranty fund, then five
percent of the gross monthly revenues (or such portion
(2002 Ed.)
36.94.360
thereof as the county legislative authority determines will be
sufficient to retire those warrants or redeem those coupons
or bonds in the ensuing six months) derived from all water
and/or sewer users in the county shall be set aside and paid
into the guaranty fund. Whenever under the requirements of
this subsection all such warrants, coupons, or bonds have
been redeemed, no further income need be set aside and paid
into the guaranty fund under the requirements of this
subsection until and unless other warrants remain outstanding
and unpaid for six months or other coupons or bonds default.
(3) For the purpose of complying with the requirements
of setting aside and paying into the local improvement
guaranty fund a proportion of the monthly gross revenues of
the water supply and/or sewerage system of any county, that
county shall bind and obligate itself to maintain and operate
such system and further bind and obligate itself to establish,
maintain, and collect such rates for water as will provide
gross revenues sufficient to maintain and operate such
systems and to make necessary provision for the local
improvement guaranty fund as specified by this section, and
the county shall alter its rates for water or sewer service
from time to time and shall vary the same in different
portions of its territory to comply with those requirements.
(4) Whenever any coupon or bond guaranteed by RCW
36.94.380 through 36.94.400 matures and there is not
sufficient funds in the appropriate local improvement district
bond redemption fund to pay the coupon or bond, then the
county treasurer shall pay the coupon or bond from the local
improvement guaranty fund of the county; if there is not
sufficient funds in the guaranty fund to pay the coupon or
bond, then it may be paid by issuance and delivery of a
warrant upon the local improvement guaranty fund.
(5) Whenever the cash balance in the local improvement
guaranty fund is insufficient for the required purposes,
warrants drawing interest of a rate fixed by the county
legislative authority may be issued by the county auditor
against the fund to meet any liability accrued against it and
must be issued upon demand of the holders of any maturing
coupons and/or bonds guaranteed by RCW 36.94.380
through 36.94.400, or to pay for any certificates of delinquency for delinquent installments of assessments as provided in subsection (6) of this section. Guaranty fund warrants
shall be a first lien in their order of issuance upon the gross
revenues set aside and paid into the guaranty fund.
(6) Within twenty days after the date of delinquency of
any annual installment of assessments levied for the purpose
of paying the local improvement bonds of any county
guaranteed under the provisions of this chapter, the county
treasurer shall compile a statement of all installments
delinquent, together with the amount of accrued interest and
penalty appurtenant to each of those installments. Thereupon
the county treasurer shall forthwith purchase certificates of
delinquency for all such delinquent installments. Payment
for all such certificates of delinquency shall be made from
the local improvement guaranty fund, and if there is not
sufficient moneys in the fund to pay for such certificates of
delinquency, the county treasurer shall accept the local
improvement guaranty fund warrants in payment therefor.
All such certificates of delinquency shall be issued in the
name of the local improvement guaranty fund, and all
guaranty fund warrants issued in payment therefor shall be
issued in the name of the appropriate local improvement dis[Title 36 RCW—page 283]
36.94.380
Title 36 RCW: Counties
trict fund. Whenever any market is available and the county
legislative authority so directs, the county treasurer shall sell
any certificates of delinquency belonging to the local
improvement guaranty fund, but any such sale may not be
for less than face value thereof plus accrued interest from the
date of issuance to date of sale.
Such certificates of delinquency, as above provided,
shall be issued by the county treasurer, shall bear interest at
the rate of eight percent per annum, shall be in each instance
for the face value of the delinquent installment, plus accrued
interest to date of issuance of certificate of delinquency, plus
a penalty of five percent of such face value, and shall set
forth the:
(a) Description of the property assessed;
(b) Date the installment of the assessment became
delinquent; and
(c) Name of the owner or reputed owner, if known.
Such certificates of delinquency may be redeemed by
the owners of the property assessed at any time up to two
years from the date of foreclosure of such certificate of
delinquency.
If any certificate of delinquency is not redeemed by the
second occurring first day of January subsequent to its
issuance, the county treasurer shall then proceed to foreclose
such certificate of delinquency in the manner specified for
the foreclosure of the lien of local improvement assessments,
pursuant to the laws applicable to cities or towns; and if no
redemption is made within the succeeding two years the
treasurer shall execute and deliver a deed conveying fee
simple title to the property described in the foreclosed certificate of delinquency. [1981 c 313 § 7.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.390 Local improvement bonds—Local improvement guaranty fund—Subrogation—Interest—
Purchase of real property at foreclosure sales. Whenever
there is paid out of a guaranty fund any sum on account of
principal or interest upon the local improvement bond, or on
account of purchase of certificates of delinquency, the
county, as trustee for the fund, shall be subrogated to all
rights of the holder of the bonds, or interest coupons, or
delinquent assessment installments, so paid; and the proceeds
thereof, or of the assessment or assessments underlying the
same, shall become a part of the guaranty fund. There shall
also be paid into each guaranty fund the interest received
from the bank deposits of the fund, as well as any surplus
remaining in the local improvement funds guaranteed under
this chapter, after the payment of all outstanding bonds
payable primarily out of such local improvement funds. As
among the several issues of bonds guaranteed by the fund,
no preference exists, but defaulted interest coupons and/or
bonds shall be purchased out of the fund in the order of their
presentation.
The legislative authority of every county operating under
the provisions of RCW 36.94.380 through 36.94.400 shall by
resolution prescribe appropriate rules for the guaranty fund,
not inconsistent with this chapter. So much of the money of
a guaranty fund as is necessary and is not required for other
purposes under the terms of RCW 36.94.380 through
36.94.400 may, at the discretion of the county legislative
authority, be used to purchase property at county tax
[Title 36 RCW—page 284]
foreclosure sales or from the county after foreclosure in
cases where such property is subject to unpaid local improvement assessments securing bonds guaranteed under this
chapter and such purchase is deemed necessary for the
purpose of protecting the guaranty fund. In such cases the
fund shall be subrogated to all rights of the county. After so
acquiring title to real property, the county may lease or resell
and convey the property in the manner that county property
is authorized to be leased or resold and for such prices and
on such terms as may be determined by resolution of the
county legislative authority. Any provision of law to the
contrary notwithstanding, all proceeds resulting from such
resales belong to and shall be paid into the guaranty fund.
[1981 c 313 § 8.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.400 Local improvement bonds—Local improvement guaranty fund—Claims by bondholders—
Transfer of cash balance to water and/or sewer maintenance fund. Neither the holder nor the owner of any local
improvement bonds guaranteed under the provisions of RCW
36.94.380 through 36.94.400 has any claim therefor against
the county by which the bonds are issued, except for
payment from the special assessments made for the improvement for which the local improvement bonds were issued,
and except as against the local improvement guaranty fund
of the county; and the county is not liable to any holder or
owner of such local improvement bond for any loss to the
guaranty fund occurring in the lawful operation thereof by
the county. The remedy of the holder or owner of a local
improvement bond, in the case of nonpayment, is confined
to the enforcement of the assessment and to the guaranty
fund. A copy of the foregoing part of this section shall be
plainly written, printed, or engraved on each local improvement bond guaranteed by RCW 36.94.380 through
36.94.400. The establishment of a local improvement
guaranty fund by any county shall not be deemed at variance
from any water and/or sewerage general plan or amendment
thereto heretofore adopted by such county.
If any local improvement guaranty fund authorized
under RCW 36.94.380 through 36.94.400 at any time has a
cash balance, and the obligations guaranteed thereby have all
been paid off, then such balance shall be transferred to the
water and/or sewer maintenance fund of the county. [1981
c 313 § 9.]
Severability—1981 c 313: See note following RCW 36.94.020.
36.94.410 Transfer of system from county to watersewer district. A system of sewerage, system of water or
combined water and sewerage systems operated by a county
under the authority of this chapter may be transferred from
that county to a water-sewer district in the same manner as
is provided for the transfer of those functions from a watersewer district to a county in RCW 36.94.310 through
36.94.340. [1999 c 153 § 51; 1984 c 147 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Actions not subject to review by boundary review board: RCW 36.93.105.
36.94.420 Transfer of system from county to watersewer district—Annexation—Hearing—Public notice—
(2002 Ed.)
Sewerage, Water, and Drainage Systems
Operation of system. If so provided in the transfer agreement, the area served by the system shall, upon completion
of the transfer, be deemed annexed to and become a part of
the water-sewer district acquiring the system. The county
shall provide notice of the hearing by the county legislative
authority on the ordinance executing the transfer agreement
under RCW 36.94.330 as follows: (1) By mailed notice to
all ratepayers served by the system at least fifteen days prior
to the hearing; and (2) by notice in a newspaper of general
circulation once at least fifteen days prior to the hearing.
In the event of an annexation under this section resulting from the transfer of a system of sewerage, a system of
water, or combined water and sewer systems from a county
to a water-sewer district, the water-sewer district shall
operate the system or systems under the provisions of Title
57 RCW. [1999 c 153 § 52; 1996 c 230 § 1609; 1985 c 141
§ 1; 1984 c 147 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
36.94.430 Transfer of system from county to watersewer district—Alternative method. The provisions of
RCW 36.94.410 and 36.94.420 provide an alternative method
of accomplishing the transfer permitted by those sections and
do not impose additional conditions upon the exercise of
powers vested in water-sewer districts and counties. [1999
c 153 § 49; 1984 c 147 § 3.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.94.440 Transfer of system from county to watersewer district—Decree by superior court. If the superior
court finds that the transfer agreement authorized by RCW
36.94.410 is legally correct and that the interests of the owners of related indebtedness are protected, then the court by
decree shall direct that the transfer be accomplished in
accordance with the agreement. [1984 c 147 § 4.]
36.94.450 Water conservation programs—Issuance
of revenue bonds. A county engaged in the sale or distribution of water may issue revenue bonds, or other evidence of
indebtedness in the manner provided by this chapter for the
purpose of defraying the cost of financing programs for the
conservation or more efficient use of water. The bonds or
other evidence of indebtedness shall be deemed to be for
capital purposes. [1992 c 25 § 2.]
36.94.460 Water conservation programs—Counties
authorized to provide assistance to water customers. Any
county engaged in the sale or distribution of water is hereby
authorized, within limits established by the Constitution of
the state of Washington, to assist the owners of structures
that are provided water service by the county in financing
the acquisition and installation of fixtures, systems, and
equipment, for compensation or otherwise, for the conservation or more efficient use of water in the structures under a
water conservation plan adopted by the county if the cost per
unit of water saved or conserved by the use of the fixtures,
systems, and equipment is less than the cost per unit of
(2002 Ed.)
36.94.420
water supplied by the next least costly new water source
available to the county to meet future demand. Except
where otherwise authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of
purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the county, each of which businesses
shall have requested to be included and shall have the ability
to provide the products in a workmanlike manner and to
utilize the fixtures, systems, and equipment in accordance
with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and
verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall
be purchased or installed by a private business, the owner,
or the utility.
Pay back shall be in the form of incremental additions
to the utility bill, billed either together with [the] use charge
or separately. Loans shall not exceed one hundred twenty
months in length. [1992 c 25 § 3.]
36.94.470 Storm or surface water drains or facilities—Annexation, incorporation of area by city or town—
Imposition of rates and charges by county. Whenever a
city or town annexes an area, or a city or town incorporates
an area, and the county has issued revenue bonds or general
obligation bonds to finance storm or surface water drains or
facilities that are payable in whole or in part from rates or
charges imposed in the area, the county shall continue
imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after
the effective date of the annexation or official date of the
incorporation until: (1) The debt is retired; (2) any debt that
is issued to refinance the underlying debt is retired; or (3)
the city or town reimburses the county amount that is
sufficient to retire that portion of the debt borne by the
annexed or incorporated area. The county shall construct all
facilities included in the storm water plan intended to be
financed by the proceeds of such bonds. If the county
provides storm water management services to the city or
town by contract, the contract shall consider the value of
payments made by property owners to the county for the
payment of debt service.
The provisions of this section apply whether or not the
bonds finance facilities that are geographically located within
the area that is annexed or incorporated. [1993 c 361 § 2.]
36.94.480 Assumption of substandard water system—Limited immunity from liability. A county assuming responsibility for a water system that is not in compli[Title 36 RCW—page 285]
36.94.480
Title 36 RCW: Counties
ance with state or federal requirements for public drinking
water systems, and its agents and employees, are immune
from lawsuits or causes of action, based on noncompliance
with state or federal requirements for public drinking water
systems, which predate the date of assuming responsibility
and continue after the date of assuming responsibility,
provided that the county has submitted and is complying
with a plan and schedule of improvements approved by the
department of health. This immunity shall expire on the
earlier of the date the plan of improvements is completed or
four years from the date of assuming responsibility. This
immunity does not apply to intentional injuries, fraud, or bad
faith. [1994 c 292 § 7.]
36.95.090
36.95.100
36.95.110
36.95.120
36.95.130
36.95.140
36.95.150
36.95.160
36.95.180
36.95.190
36.95.200
36.95.210
36.95.900
County budget provisions applicable to district—Financing
budget.
Tax levied—Maximum—Exemptions.
Liability for delinquent tax and costs.
Prorating tax.
District board—Powers generally.
Signals district may utilize.
Claims against district board—Procedure upon allowance.
District treasurer—Duties—District warrants.
Costs of county officers reimbursed.
Penalty for false statement as to tax exemption.
Dissolution of district by resolution—Disposition of property.
District may not be formed to operate certain translator stations.
Severability—1971 ex.s. c 155.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
36.94.900 Declaration of purpose. This chapter is
hereby declared to be necessary for the public peace, health,
safety and welfare and declared to be a county purpose and
that the bonds and special assessments authorized hereby are
found to be for a public purpose. [1967 c 72 § 33.]
36.94.910 Authority—Liberal construction of
chapter—Modification of inconsistent acts. This chapter
shall be complete authority for the establishment, construction and operation and maintenance of a system or systems
of sewerage and/or water hereby authorized, and shall be
liberally construed to accomplish its purpose. Any act
inconsistent herewith shall be deemed modified to conform
with the provisions of this chapter for the purpose of this
chapter only. [1967 c 72 § 31.]
36.94.920 Severability—1967 c 72. If any portion of
this chapter as now or hereafter amended, or its application
to any person or circumstances, is held invalid or unconstitutional, such adjudication shall not affect the validity of the
chapter as a whole, or any section, provision or part thereof
not adjudged to be invalid or unconstitutional, and its
application to other persons or circumstances shall not be
affected. [1967 c 72 § 32.]
36.94.921 Severability—1975 1st ex.s. c 188. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances shall not be affected. [1975 1st ex.s. c 188
§ 13.]
Chapter 36.95
TELEVISION RECEPTION
IMPROVEMENT DISTRICTS
Sections
36.95.010
36.95.020
36.95.030
36.95.040
36.95.050
36.95.060
36.95.070
36.95.080
Purpose.
Boundaries—Territory excluded.
Petition to form—Contents.
Notice of text of petition, meeting where will be considered.
Resolution creating district.
District board—Duties—How constituted—Quorum—
Officers—Filling vacancies.
District board—Reimbursement of members for expenses.
List of television set owners.
[Title 36 RCW—page 286]
36.95.010 Purpose. The purposes of a television
reception improvement district, hereinafter referred to in this
chapter as "district", shall be to serve the public interest,
convenience, and necessity in the construction, maintenance,
and operation of television and FM radio translator stations,
including appropriate electric or electronic devices for
increasing television program distribution, but said purposes
are not meant to include the construction or operation of
television cable systems, commonly known and referred to
as cable TV systems or CATV. [1985 c 76 § 1; 1971 ex.s.
c 155 § 1.]
36.95.020 Boundaries—Territory excluded. A
district’s boundary may include any part or all of any county
and may include any part or all of any incorporated area
located within the county. A district’s boundary may not
include any territory already being served by a cable TV
system (CATV) unless on August 9, 1971, there is a
translator station retransmitting television signals to such
territory. [1991 c 363 § 98; 1971 ex.s. c 155 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.95.030 Petition to form—Contents. A petition to
form a district may be presented to the board of county
commissioners and such petition shall include: (1) A
description of the purposes of the petition; (2) a description
of the purposes and powers of the proposed district; (3) a
description of the boundaries of the proposed district; and (4)
the signatures of more than fifty percent of the registered
voters residing within the boundaries of the proposed district.
[1971 ex.s. c 155 § 3.]
36.95.040 Notice of text of petition, meeting where
will be considered. If the board of county commissioners,
with the assistance of other appropriate county officers, finds
the petition filed under RCW 36.95.030 satisfies the requirements of that section, it shall cause the text of the petition to
be published once a week for at least three consecutive
weeks in a newspaper of general circulation within the
county where the petition is presented. With the publication
of the petition there shall be published a notice of the time,
date, and place of the public meeting of the county commissioners when the petition will be considered, stating that
persons interested may appear and be heard. [1971 ex.s. c
155 § 4.]
(2002 Ed.)
Television Reception Improvement Districts
36.95.050 Resolution creating district. If after the
public meeting or meetings on the petition, the board of
county commissioners finds that creation of the proposed
district would serve the public interest, the board shall adopt
a resolution granting the petition and creating the district.
Prior to adoption however, the board may amend the petition
in the interest of carrying out the purposes of this chapter.
[1971 ex.s. c 155 § 5.]
36.95.060 District board—Duties—How constituted—Quorum—Officers—Filling vacancies. The business
of the district shall be conducted by the board of the television reception improvement district, hereinafter referred to
as the "board". The board shall be constituted as provided
under either subsection (1) or (2) of this section.
(1) The board of a district having boundaries different
from the county’s shall have either three, five, seven, or nine
members, as determined by the board of county commissioners at the time the district is created. Each member shall
reside within the boundaries of the district and shall be
appointed by the board of county commissioners for a term
of three years, or until his or her successor has qualified,
except that the board of county commissioners shall appoint
one of the members of the first board to a one-year term and
two to two-year terms. There is no limit upon the number
of terms to which a member may be reappointed after his or
her first appointment. A majority of the members of the
board shall constitute a quorum for the transaction of
business, but the majority vote of the board members shall
be necessary for any action taken by the board. The board
shall elect from among its members a chairman and such
other officers as may be necessary. In the event a seat on
the board is vacated prior to the expiration of the term of the
member appointed to such seat, the board of county commissioners shall appoint a person to complete the unexpired
term.
(2) Upon the creation of a district having boundaries
identical to those of the county (a county-wide district), the
county commissioners shall be the members of the board of
the district and shall have all the powers and duties of the
board as provided under the other sections of this chapter.
The county commissioners shall be reimbursed pursuant to
the provisions of RCW 36.95.070, and shall conduct the
business of the district according to the regular rules and
procedures applicable to meetings of the board of county
commissioners. [1992 c 150 § 1; 1971 ex.s. c 155 § 6.]
36.95.070 District board—Reimbursement of
members for expenses. Members of the board shall receive
no compensation for their services, but shall be reimbursed
from district funds for any actual and necessary expenses
incurred by them in the performance of their official duties.
[1971 ex.s. c 155 § 7.]
36.95.080 List of television set owners. The board
shall, on or before the first day of July of any given year,
ascertain and prepare a list of all persons believed to own
television sets within the district and deliver a copy of such
list to the county treasurer. [1988 c 222 § 1; 1981 c 52 § 1;
1971 ex.s. c 155 § 8.]
(2002 Ed.)
36.95.050
36.95.090 County budget provisions applicable to
district—Financing budget. The provisions of chapter
36.40 RCW, relating to budgets, shall apply to the district.
The budget of the district shall be financed by an excise tax
imposed by the board, and described in RCW 36.95.100.
[1971 ex.s. c 155 § 9.]
36.95.100 Tax levied—Maximum—Exemptions.
The tax provided for in RCW 36.95.090 and this section
shall not exceed sixty dollars per year per television set, and
no person shall be taxed for more than one television set,
except that a motel or hotel or any person owning in excess
of five television sets shall pay at a rate of one-fifth of the
annual tax rate imposed for each of the first five television
sets and one-tenth of such rate for each additional set
thereafter. An owner of a television set within the district
shall be exempt from paying any tax on such set under this
chapter: (1) If either (a) his television set does not receive
at least a class grade B contour signal retransmitted by the
television translator station or other similar device operated
by the district, as such class is defined under regulations of
the Federal Communications Commission as of August 9,
1971, or (b) he is currently subscribing to and receiving the
services of a community antenna system (CATV) to which
his television set is connected; and (2) if he filed a statement
with the board claiming his grounds for exemption. Space
for such statement shall be provided for in the tax notice
which the treasurer shall send to taxpayers in behalf of the
district. [1981 c 52 § 2; 1975 c 11 § 1; 1971 ex.s. c 155 §
10.]
36.95.110 Liability for delinquent tax and costs.
Any person owing the excise tax provided for under this
chapter and who fails to pay the same within sixty days after
the board or the county treasurer has sent the tax bill to him,
shall be deemed to be delinquent. Such person shall be
liable for all costs to the county or district attributable to
collecting the tax but no such excise tax or costs, nor any
judgment based thereon, shall be deemed to create a lien
against real property. [1981 c 52 § 3; 1971 ex.s. c 155 §
11.]
36.95.120 Prorating tax. The board may adopt rules
providing for prorating of tax bills for persons who have not
owned a television set within the district for a full tax year.
[1971 ex.s. c 155 § 12.]
36.95.130 District board—Powers generally. In
addition to other powers provided for under this chapter, the
board shall have the following powers:
(1) To perform all acts necessary to assure that the
purposes of this chapter will be carried out fairly and
efficiently;
(2) To acquire, build, construct, repair, own, maintain,
and operate any necessary stations retransmitting visual and
aural signals intended to be received by the general public,
relay stations, pick-up stations, or any other electrical or
electronic system necessary: PROVIDED, That the board
shall have no power to originate programs;
[Title 36 RCW—page 287]
36.95.130
Title 36 RCW: Counties
(3) To make contracts to compensate any owner of land
or other property for the use of such property for the
purposes of this chapter;
(4) To make contracts with the United States, or any
state, municipality, or any department or agency of those
entities for carrying out the general purposes for which the
district is formed;
(5) To acquire by gift, devise, bequest, lease, or purchase real and personal property, tangible or intangible,
including lands, rights of way, and easements, necessary or
convenient for its purposes;
(6) To make contracts of any lawful nature (including
labor contracts or those for employees’ benefits), employ
engineers, laboratory personnel, attorneys, other technical or
professional assistants, and any other assistants or employees
necessary to carry out the provisions of this chapter;
(7) To contract indebtedness or borrow money and to
issue warrants or bonds to be paid from district revenues:
PROVIDED, That the bonds, warrants, or other obligations
may be in any form, including bearer or registered as provided in RCW 39.46.030: PROVIDED FURTHER, That such
warrants and bonds may be issued and sold in accordance
with chapter 39.46 RCW;
(8) To prescribe tax rates for the providing of services
throughout the area in accordance with the provisions of this
chapter; and
(9) To apply for, accept, and be the holder of any
permit or license issued by or required under federal or state
law. [1985 c 76 § 2; 1983 c 167 § 102; 1980 c 100 § 2;
1971 ex.s. c 155 § 13.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.95.140 Signals district may utilize. A district may
translate or retransmit only those signals which originate
from commercial and educational FM radio stations and
commercial and educational television stations which directly
provide, within some portion of the state of Washington, a
class A grade or class B grade contour, as such classes are
defined under regulations of the Federal Communications
Commission as of August 9, 1971. [1985 c 76 § 3; 1971
ex.s. c 155 § 14.]
36.95.150 Claims against district board—Procedure
upon allowance. Any claim against the district shall be
presented to the board. Upon allowance of the claim, the
board shall submit a voucher, signed by the chairman and
one other member of the board, to the county auditor for the
issuance of a warrant in payment of said claim. This
procedure for payment of claims shall apply to the reimbursement of board members for their actual and necessary
expenses incurred by them in the performance of their
official duties. [1971 ex.s. c 155 § 15.]
36.95.160 District treasurer—Duties—District
warrants. The treasurer of the county in which a district is
located shall be ex officio treasurer of the district. The
treasurer shall collect the excise tax provided for under this
chapter and shall send notice of payment due to persons
owing the tax: PROVIDED, That districts with fewer than
twelve hundred persons subject to the excise tax and levying
[Title 36 RCW—page 288]
an excise tax of forty dollars or more per television set per
year shall have the option of having the district (1) send the
tax notices bimonthly, and (2) collect the excise taxes which
shall then be forwarded to the county treasurer for deposit in
the district account. There shall be deposited with him all
funds of the district. All district payments shall be made by
him from such funds upon warrants issued by the county
auditor, except the sums to be paid out of any bond fund for
principal and interest payments on bonds. All warrants shall
be paid in the order of issuance. The treasurer shall report
monthly to the board, in writing, the amount in the district
fund or funds. [1983 c 167 § 103; 1981 c 52 § 4; 1971 ex.s.
c 155 § 16.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
36.95.180 Costs of county officers reimbursed. The
board shall reimburse the county auditor, assessor, and
treasurer for the actual costs of services performed by them
in behalf of the district. [1971 ex.s. c 155 § 18.]
36.95.190 Penalty for false statement as to tax
exemption. Any person who shall knowingly make a false
statement for exemption from the tax provided under this
chapter shall be guilty of a misdemeanor. [1971 ex.s. c 155
§ 19.]
36.95.200 Dissolution of district by resolution—
Disposition of property. If the board of county commissioners finds, following a public hearing or hearings, that the
continued existence of a district would no longer serve the
purposes of this chapter, it may by resolution order the
district dissolved. If there is any property owned by the
district at the time of dissolution, the board of county
commissioners shall have such property sold pursuant to the
provisions of chapter 36.34 RCW, as now law or hereafter
amended. The proceeds from such sale shall be applied to
the county current expense fund. [1971 ex.s. c 155 § 20.]
36.95.210 District may not be formed to operate
certain translator stations. No television reception
improvement district may be formed to operate and maintain
any translator station presently or previously owned, operated
or maintained by a television broadcaster. [1971 ex.s. c 155
§ 21.]
36.95.900 Severability—1971 ex.s. c 155. If any
provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or
the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 155 § 22.]
Chapter 36.96
DISSOLUTION OF INACTIVE SPECIAL
PURPOSE DISTRICTS
Sections
36.96.010
36.96.020
Definitions.
County auditor to notify county legislative authority of inactive special purpose districts.
(2002 Ed.)
Dissolution of Inactive Special Purpose Districts
36.96.030
36.96.040
36.96.050
36.96.060
36.96.070
36.96.080
36.96.090
36.96.800
36.96.900
36.96.910
36.96.920
Determination of inactive special purpose districts—Public
hearing—Notice.
Dissolution of inactive special purpose district by county
legislative authority—Written findings.
Application for writ of prohibition or mandamus by interested party—Procedure.
Dissolution of inactive special purpose district by county
legislative authority—Powers and duties.
Dissolved special purpose district—Disposition of property.
Dissolved special purpose district—Satisfaction of outstanding obligations.
Filing of annual statement by special purpose districts—
Duties of county auditor.
Alternative dissolution procedure—Drainage and drainage
improvement districts—Conditions.
Chapter not exclusive.
Savings—1979 ex.s. c 5.
Severability—1979 ex.s. c 5.
36.96.010 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Special purpose district" means every municipal
and quasi-municipal corporation other than counties, cities,
and towns. Such special purpose districts shall include, but
are not limited to, water-sewer districts, fire protection
districts, port districts, public utility districts, county park
and recreation service areas, flood control zone districts,
diking districts, drainage improvement districts, and solid
waste collection districts, but shall not include industrial
development districts created by port districts, and shall not
include local improvement districts, utility local improvement
districts, and road improvement districts;
(2) "Governing authority" means the commission,
council, or other body which directs the affairs of a special
purpose district;
(3) "Inactive" means that a special purpose district, other
than a public utility district, is characterized by either of the
following criteria:
(a) Has not carried out any of the special purposes or
functions for which it was formed within the preceding
consecutive five-year period; or
(b) No election has been held for the purpose of electing
a member of the governing body within the preceding
consecutive seven-year period or, in those instances where
members of the governing body are appointed and not
elected, where no member of the governing body has been
appointed within the preceding seven-year period.
A public utility district is inactive when it is characterized by both criteria (a) and (b) of this subsection. [1999 c
153 § 50; 1979 ex.s. c 5 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
36.96.020 County auditor to notify county legislative authority of inactive special purpose districts. On or
before June 1st of 1980, and on or before June 1st of every
year thereafter, each county auditor shall search available
records and notify the county legislative authority if any
special purpose districts located wholly or partially within
the county appear to be inactive. Each county auditor shall
also provide in the notifications made in 1982 and thereafter
a list of all special purpose districts located wholly or partially within the county which, for three consecutive years
before the notification, have failed to file statements with the
county auditor as required in RCW 36.96.090. If the
(2002 Ed.)
Chapter 36.96
territory of any special purpose district is located within
more than one county, the legislative authorities of all other
counties within whose boundaries such a special purpose
district lies shall also be notified by the county auditor.
However, the authority to dissolve such a special purpose
district as provided by this chapter shall rest solely with the
legislative authority of the county which contains the greatest
geographic portion of such special purpose district. [1979
ex.s. c 5 § 2.]
36.96.030 Determination of inactive special purpose
districts—Public hearing—Notice. (1) Upon receipt of
notice from the county auditor as provided in RCW
36.96.020, the county legislative authority within whose
boundaries all or the greatest portion of such special purpose
district lies shall hold one or more public hearings on or
before September 1st of the same year to determine whether
or not such special purpose district or districts meet either of
the criteria for being "inactive" as provided in RCW
36.96.010: PROVIDED, That if such a special purpose
district is a public utility district, the county legislative authority shall determine whether or not the public utility
district meets both criteria of being "inactive" as provided in
RCW 36.96.010. In addition, at any time a county legislative authority may hold hearings on the dissolution of any
special purpose district that appears to meet the criteria of
being "inactive" and dissolve such a district pursuant to the
proceedings provided for in RCW 36.96.030 through
36.96.080.
(2) Notice of such public hearings shall be given by
publication at least once each week for not less than three
successive weeks in a newspaper that is in general circulation within the boundaries of the special purpose district or
districts. Notice of such hearings shall also be mailed to
each member of the governing authority of such special
purpose districts, if such members are known, and to all
persons known to have claims against any of the special
purpose districts. Notice of such public hearings shall be
posted in at least three conspicuous places within the
boundaries of each special purpose district that is a subject
of such hearings. Whenever a county legislative authority
that is conducting such a public hearing on the dissolution of
one or more of a particular kind of special purpose district
is aware of the existence of an association of such special
purpose districts, it shall also mail notice of the hearing to
the association. In addition, whenever a special purpose
district that lies in more than one county is a subject of such
a public hearing, notice shall also be mailed to the legislative
authorities of all other counties within whose boundaries the
special purpose district lies. All notices shall state the
purpose, time, and place of such hearings, and that all
interested persons may appear and be heard. [1979 ex.s. c
5 § 3.]
36.96.040 Dissolution of inactive special purpose
district by county legislative authority—Written findings.
After such hearings, the county legislative authority shall
make written findings whether each of the special purpose
districts that was a subject of the hearings meets each of the
criteria of being "inactive." Whenever a special purpose
district other than a public utility district has been found to
[Title 36 RCW—page 289]
36.96.040
Title 36 RCW: Counties
meet a criterion of being inactive, or a public utility district
has been found to meet both criteria of being inactive, the
county legislative authority shall adopt an ordinance dissolving the special purpose district if it also makes additional
written findings detailing why it is in the public interest that
the special purpose district be dissolved, and shall provide a
copy of the ordinance to the county treasurer. Except for the
purpose of winding up its affairs as provided by this chapter,
a special purpose district that is so dissolved shall cease to
exist and the authority and obligation to carry out the
purposes for which it was created shall cease thirty-one days
after adoption of the dissolution ordinance. [2001 c 299 §
12; 1979 ex.s. c 5 § 4.]
36.96.050 Application for writ of prohibition or
mandamus by interested party—Procedure. The action
of the county legislative authority dissolving a special
purpose district pursuant to RCW 36.96.040 shall be final
and conclusive unless within thirty days of the adoption of
the ordinance an interested party makes application to a
court of competent jurisdiction for a writ of prohibition or
writ of mandamus. At the hearing upon such a writ, the
applicant shall have the full burden of demonstrating that the
particular special purpose district, other than a public utility
district, does not meet either of the criteria of being inactive
or that it is not in the public interest that the special purpose
district be dissolved: PROVIDED, That where the particular
special purpose district subject to the dissolution proceedings
is a public utility district, the applicant shall have the full
burden of demonstrating that the public utility district either
does not meet both the criteria of being inactive or that it is
not in the public interest to dissolve the public utility district.
[1979 ex.s. c 5 § 5.]
36.96.060 Dissolution of inactive special purpose
district by county legislative authority—Powers and
duties. For the sole and exclusive purpose of winding up
the affairs of a dissolved special purpose district, the county
legislative authority, acting as a board of trustees, shall have
the same powers and duties as the governing authority of the
dissolved special purpose district including the following:
(1) To exchange, sell, or otherwise dispose of all
property, real and personal, of the dissolved special purpose
district; and
(2) To settle all obligations of such special purpose
district. Such powers and duties shall commence upon the
effective date of dissolution and shall continue thereafter
until such time as the affairs of the dissolved special purpose
district have been completely wound up. [1979 ex.s. c 5 §
6.]
36.96.070 Dissolved special purpose district—
Disposition of property. Any moneys or funds of the
dissolved special purpose district and any moneys or funds
received by the board of trustees from the sale or other
disposition of any property of the dissolved special purpose
district shall be used, to the extent necessary, for the
payment or settlement of any outstanding obligations of the
dissolved special purpose district. Any remaining moneys or
funds shall be used to pay the county legislative authority for
all costs and expenses incurred in the dissolution and
[Title 36 RCW—page 290]
liquidation of the dissolved special purpose district. Thereafter, any remaining moneys, funds, or property shall become
that of the county in which the dissolved special purpose
district was located. However, if the territory of the dissolved special purpose district was located within more than
one county, the remaining moneys, funds, and personal
property shall be apportioned and distributed to each county
in the proportion that the geographical area of the dissolved
special purpose district within the county bears to the total
geographical area of the dissolved special purpose district,
and any remaining real property or improvements to real
property shall be transferred to the county within whose
boundaries it lies. A county to which real property or
improvements to real property are transferred under this
section does not have an obligation to use the property or
improvements for the purposes for which the dissolved
special purpose district used the property or improvements
and the county does not assume the obligations or liabilities
of the dissolved special purpose district as a result of the
transfer. [2001 c 299 § 13; 1979 ex.s. c 5 § 7.]
36.96.080 Dissolved special purpose district—
Satisfaction of outstanding obligations. If the proceeds
from the sale of any property of the special district together
with any moneys or funds of the special purpose district are
insufficient to satisfy the outstanding obligations of the
special purpose district, the county legislative authority,
acting as a board of trustees, shall exercise any and all
powers conferred upon it to satisfy such outstanding obligations: PROVIDED, That in no case shall the board of
trustees be obligated to satisfy such outstanding obligations
from county moneys, funds, or other sources of revenue
unless it would have been so obligated before initiation of
the dissolution proceedings under this chapter. [1979 ex.s.
c 5 § 8.]
36.96.090 Filing of annual statement by special
purpose districts—Duties of county auditor. (1) Every
special purpose district shall file a statement with the auditor
of each county in which it lies on or before December 31st
of every year, beginning in the year 1979. The initial
statement filed by each special purpose district shall contain
the following information:
(a) The name of the special purpose district and a
general description of its location and geographical area
within the county and within any other county;
(b) The statutes under which the special purpose district
operates;
(c) The name, address, telephone number, and remaining
term of office of each member of its governing authority;
and
(d) The functions that the special purpose district is then
presently performing and the purposes for which it was
created.
Subsequent annual statements need only identify the special
purpose district and any of the above detailed information
that has changed in the last year.
(2) Each county auditor, on or before January 31, 1980,
and on or before January 31st each year thereafter, shall
forward to the state auditor a summation of the information
contained in the statements required to be filed in subsection
(2002 Ed.)
Dissolution of Inactive Special Purpose Districts
(1) of this section together with information of each special
purpose district located wholly or partially within the county
that has been dissolved during the preceding year. [1979
ex.s. c 5 § 9.]
36.96.800 Alternative dissolution procedure—
Drainage and drainage improvement districts—
Conditions. As an alternative to this chapter a drainage
district or drainage improvement district located within the
boundaries of a county storm drainage and surface water
management utility, and which is not currently imposing
assessments, may be dissolved by ordinance of the county
legislative authority. If the alternative dissolution procedure
in this section is used the following shall apply:
(1) The county storm drainage and surface water
management utility shall assume responsibility for payment
or settlement of outstanding debts of the dissolved drainage
district or drainage improvement district.
(2) All assets, including money, funds, improvements,
or property, real or personal, shall become assets of the
county in which the dissolved drainage district or drainage
improvement district was located.
(3) Notwithstanding RCW 85.38.220, the county storm
drainage and surface water management utility may determine how to best manage, operate, maintain, improve,
exchange, sell, or otherwise dispose of all property, real and
personal, of the dissolved drainage district or drainage
improvement district. [1991 c 28 § 1.]
36.96.900 Chapter not exclusive. The provisions of
this chapter to dissolve inactive special purpose districts shall
not be exclusive, and shall be in addition to any other
method or methods provided by law to dissolve a special
purpose district. [1979 ex.s. c 5 § 10.]
36.96.910 Savings—1979 ex.s. c 5. The enactment of
this act shall not have the effect of terminating, or in any
way modifying, any liability, civil or criminal, which shall
already be in existence on September 1, 1979. [1979 ex.s.
c 5 § 11.]
36.96.920 Severability—1979 ex.s. c 5. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 5 § 15.]
Chapter 36.100
PUBLIC FACILITIES DISTRICTS
Sections
36.100.010 Public facilities districts—Creation—Approval of taxes by
election—Corporate powers—Property transfer.
36.100.020 Governance—Board of directors.
36.100.030 Facilities—Agreements—Fees.
36.100.035 Additional powers and restrictions on district that constructs
baseball stadium.
36.100.036 Donated moneys for baseball stadium.
36.100.037 Baseball stadium construction agreement.
36.100.040 Lodging tax authorized.
36.100.050 Ad valorem property tax.
(2002 Ed.)
36.96.090
36.100.060 General obligation bonds—Termination, reauthorization of
excise tax.
36.100.070 Acquisition and transfer of real and personal property.
36.100.080 Direct or collateral attack barred after thirty days.
36.100.090 Tax deferral—New public facilities.
36.100.100 Ex officio treasurer.
36.100.110 Travel, expense reimbursement policy—Required.
36.100.120 Travel, expense reimbursement policy—Limitations.
36.100.130 Board of directors—Compensation.
36.100.140 Liability insurance.
36.100.150 Costs of defense.
36.100.160 Expenditure of funds—Purposes.
36.100.170 Employees—Benefits.
36.100.180 Service provider agreements.
36.100.190 Purchases and sales—Procedures.
36.100.200 Revenue bonds—Limitations.
36.100.210 Tax on admissions.
36.100.220 Tax on vehicle parking charges.
36.100.900 Severability—1988 ex.s. c 1.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
Sales and use tax for public facilities districts: RCW 82.14.048.
Sales and use tax imposed by public facilities districts for regional centers:
RCW 82.14.390.
36.100.010 Public facilities districts—Creation—
Approval of taxes by election—Corporate powers—
Property transfer. (1) A public facilities district may be
created in any county and shall be coextensive with the
boundaries of the county.
(2) A public facilities district shall be created upon
adoption of a resolution providing for the creation of such a
district by the county legislative authority in which the
proposed district is located.
(3) A public facilities district is a municipal corporation,
an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
(4) No taxes authorized under this chapter may be
assessed or levied unless a majority of the voters of the
public facilities district has approved such tax at a general or
special election. A single ballot proposition may both
validate the imposition of the sales and use tax under RCW
82.14.048 and the excise tax under RCW 36.100.040.
(5) A public facilities district shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that
may now or hereafter be specifically conferred by statute,
including, but not limited to, the authority to hire employees,
staff, and services, to enter into contracts, and to sue and be
sued.
(6) A public facilities district may enter into contracts
with a county for the purpose of exercising any powers of a
community renewal agency under chapter 35.81 RCW.
(7) The county legislative authority or the city council
may transfer property to the public facilities district created
under this chapter. No property that is encumbered with
debt or that is in need of major capital renovation may be
transferred to the district without the agreement of the district and revenues adequate to retire the existing indebtedness. [2002 c 218 § 26; 1995 3rd sp.s. c 1 § 301; 1995 1st
sp.s. c 14 § 1; 1995 c 396 § 1; 1989 1st ex.s. c 8 § 1; 1988
ex.s. c 1 § 11.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
[Title 36 RCW—page 291]
36.100.010
Title 36 RCW: Counties
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Severability—1995 1st sp.s. c 14: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 14 § 12.]
Effective dates—1995 1st sp.s. c 14: "(1) Sections 1 through 9 and
11 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect July 1, 1995.
(2) Sections 10 and 12 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [June 14, 1995]." [1995 1st sp.s. c 14 § 13.]
Severability—1995 c 396: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 396 § 19.]
36.100.020 Governance—Board of directors. (1) A
public facilities district shall be governed by a board of
directors consisting of five or seven members as provided in
this section. If the largest city in the county has a population that is at least forty percent of the total county population, the board of directors of the public facilities district
shall consist of five members selected as follows: (a) Two
members appointed by the county legislative authority to
serve for four-year staggered terms; (b) two members
appointed by the city council of the largest city in the county
to serve for four-year staggered terms; and (c) one person to
serve for a four-year term who is selected by the other
directors. If the largest city in the county has a population
of less than forty percent of the total county population, the
county legislative authority shall establish in the resolution
creating the public facilities district whether the board of
directors of the public facilities district has either five or
seven members, and the county legislative authority shall
appoint the members of the board of directors to reflect the
interests of cities and towns in the county, as well as the
unincorporated area of the county. However, if the county
has a population of one million or more, the largest city in
the county has a population of less than forty percent of the
total county population, and the county operates under a
county charter, which provides for an elected county executive, three members shall be appointed by the governor and
the remaining members shall be appointed by the county
executive subject to confirmation by the county legislative
authority. Of the members appointed by the governor, the
speaker of the house of representatives and the majority
leader of the senate shall each recommend to the governor
a person to be appointed to the board.
(2) At least one member on the board of directors shall
be representative of the lodging industry in the public
facilities district before the public facilities district imposes
the excise tax under RCW 36.100.040.
(3) Members of the board of directors shall serve fouryear terms of office, except that two of the initial five board
members or three of the initial seven board members shall
serve two-year terms of office.
(4) A vacancy shall be filled in the same manner as the
original appointment was made and the person appointed to
fill a vacancy shall serve for the remainder of the unexpired
term of the office for the position to which he or she was
appointed.
[Title 36 RCW—page 292]
(5) A director appointed by the governor may be
removed from office by the governor. Any other director
may be removed from office by action of at least two-thirds
of the members of the legislative authority which made the
appointment. [1995 3rd sp.s. c 1 § 302; 1995 1st sp.s. c 14
§ 2; 1995 c 396 § 2; 1989 1st ex.s. c 8 § 2; 1988 ex.s. c 1
§ 12.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.030 Facilities—Agreements—Fees. (1) A
public facilities district is authorized to acquire, construct,
own, remodel, maintain, equip, reequip, repair, and operate
sports facilities, entertainment facilities, convention facilities,
or regional centers as defined in RCW 35.57.020, together
with contiguous parking facilities. The taxes that are
provided for in this chapter may only be imposed for these
purposes.
(2) A public facilities district may enter into agreements
under chapter 39.34 RCW for the joint provision and
operation of such facilities and may enter into contracts
under chapter 39.34 RCW where any party to the contract
provides and operates such facilities for the other party or
parties to the contract.
(3) Notwithstanding the establishment of a career, civil,
or merit service system, a public facility [facilities] district
may contract with a public or private entity for the operation
or management of its public facilities.
(4) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures
set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
any of its public facilities.
(5) A public facilities district may impose charges and
fees for the use of its facilities, and may accept and expend
or use gifts, grants, and donations. [1999 c 165 § 16; 1995
1st sp.s. c 14 § 3; 1995 c 396 § 3; 1989 1st ex.s. c 8 § 3;
1988 ex.s. c 1 § 13.]
Severability—1999 c 164: See RCW 35.57.900.
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.035 Additional powers and restrictions on
district that constructs baseball stadium. In addition to
other powers and restrictions on a public facilities district,
the following shall apply to a public facilities district, located
in a county with a population of one million or more, that
constructs a baseball stadium:
(1) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to determine the stadium site;
(2) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to establish the overall scope of the
stadium project, including, but not limited to, the stadium
itself, associated parking facilities, associated retail and
(2002 Ed.)
Public Facilities Districts
office development that are part of the stadium facility, and
ancillary services or facilities;
(3) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the final authority to make the final determination of
the stadium design and specifications;
(4) The public facilities district shall have the authority
to contract with the baseball team that will use the stadium
to obtain architectural, engineering, environmental, and other
professional services related to the stadium site and design
options, environmental study requirements, and obtaining
necessary permits for the stadium facility;
(5) The public facilities district, in consultation with the
professional baseball team that will use the stadium, shall
have the authority to establish the project budget and bidding
specifications and requirements on the stadium project;
(6) The public facilities district, in consultation with the
professional baseball team that will use the stadium and the
county in which the public facilities district is located, shall
have the authority to structure the financing of the stadium
facility project; and
(7) The public facilities district shall consult with the
house of representatives executive rules committee and the
senate facilities and operations committee before selecting a
name for the stadium.
As used in this section, "stadium" and "baseball stadium" mean a "baseball stadium" as defined in RCW
82.14.0485. [1995 3rd sp.s. c 1 § 303.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
36.100.036 Donated moneys for baseball stadium.
A public facilities district may accept and expend moneys
that may be donated for the purpose of a baseball stadium as
defined in RCW 82.14.0485. [1995 3rd sp.s. c 1 § 304.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
36.100.037 Baseball stadium construction agreement. The public facilities district, the county, and the city
with the largest population in the county shall enter into an
agreement regarding the construction of a baseball stadium
as defined in RCW 82.14.0485. The agreement shall
address, but not be limited to:
(1) Expedited permit processing for the design and
construction of the project;
(2) Expedited environmental review processing;
(3) Expedited processing of requests for street, right of
way, or easement vacations necessary for the construction of
the project; and
(4) Other items deemed necessary for the design and
construction of the project. [1995 3rd sp.s. c 1 § 308.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
36.100.040 Lodging tax authorized. A public
facilities district may impose an excise tax on the sale of or
charge made for the furnishing of lodging that is subject to
tax under chapter 82.08 RCW, except that no such tax may
be levied on any premises having fewer than forty lodging
units. However, if a public facilities district has not imposed
(2002 Ed.)
36.100.035
such an excise tax prior to December 31, 1995, the public
facilities district may only impose the excise tax if a ballot
proposition authorizing the imposition of the tax has been
approved by a simple majority vote of voters of the public
facilities district voting on the proposition.
The rate of the tax shall not exceed two percent and the
proceeds of the tax shall only be used for the acquisition,
design, construction, remodeling, maintenance, equipping,
reequipping, repairing, and operation of its public facilities.
This excise tax shall not be imposed until the district has
approved the proposal to acquire, design, and construct the
public facilities.
A public facilities district may not impose the tax
authorized in this section if, after the tax authorized in this
section was imposed, the effective combined rate of state
and local excise taxes, including sales and use taxes and
excise taxes on lodging, imposed on the sale of or charge
made for furnishing of lodging in any jurisdiction in the
public facilities district exceeds eleven and one-half percent.
[2002 c 178 § 5; 1995 c 396 § 4; 1989 1st ex.s. c 8 § 4;
1988 ex.s. c 1 § 14.]
Retroactive application—Effective date—2002 c 178: See notes
following RCW 67.28.180.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.050 Ad valorem property tax. (1) A public
facilities district may levy an ad valorem property tax, in
excess of the one percent limitation, upon the property
within the district for a one-year period to be used for
operating or capital purposes whenever authorized by the
voters of the district pursuant to RCW 84.52.052 and Article
VII, section 2(a) of the state Constitution.
(2) A public facilities district may provide for the
retirement of voter-approved general obligation bonds, issued
for capital purposes only, by levying bond retirement ad
valorem property tax levies, in excess of the one percent
limitation, whenever authorized by the voters of the district
pursuant to Article VII, section 2(b) of the state Constitution
and RCW 84.52.056. [1988 ex.s. c 1 § 15.]
36.100.060 General obligation bonds—Termination,
reauthorization of excise tax. (1) To carry out the purpose
of this chapter, a public facilities district may issue general
obligation bonds, not to exceed an amount, together with any
outstanding nonvoter approved general obligation indebtedness, equal to one-half of one percent of the value of taxable
property within the district, as the term "value of taxable
property" is defined in RCW 39.36.015. A facilities district
additionally may issue general obligation bonds for capital
purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one
and one-fourth percent of the value of the taxable property
within the district, as the term "value of taxable property" is
defined in RCW 39.36.015, when authorized by the voters of
the public facilities district pursuant to Article VIII, section
6 of the state Constitution, and to provide for the retirement
thereof by excess property tax levies as provided in this
chapter.
(2) General obligation bonds may be issued with a
maturity of up to thirty years, and shall be issued and sold
in accordance with the provisions of chapter 39.46 RCW.
[Title 36 RCW—page 293]
36.100.060
Title 36 RCW: Counties
(3) The general obligation bonds may be payable from
the operating revenues of the public facilities district in
addition to the tax receipts of the district.
(4) The excise tax imposed pursuant to RCW
36.100.040 shall terminate upon final payment of all bonded
indebtedness for its public facilities, except that the excise
tax may be reauthorized by a public vote, in the same
manner as originally authorized, for funding of additional
public facilities or a regional center. [1999 c 165 § 15; 1995
1st sp.s. c 14 § 4; 1995 c 396 § 5; 1989 1st ex.s. c 8 § 5;
1988 ex.s. c 1 § 16.]
Severability—1999 c 164: See RCW 35.57.900.
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.070 Acquisition and transfer of real and
personal property. A public facilities district may acquire
and transfer real and personal property by lease, sublease,
purchase, or sale. [1988 ex.s. c 1 § 17.]
36.100.080 Direct or collateral attack barred after
thirty days. No direct or collateral attack on any public
facilities district purported to be authorized or created in
conformance with this chapter may be commenced more
than thirty days after creation by the county legislative
authority. [1995 1st sp.s. c 14 § 5.]
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
36.100.090 Tax deferral—New public facilities. (1)
The governing board of a public facilities district may apply
for deferral of taxes on the construction of buildings, site
preparation, and the acquisition of related machinery and
equipment for a new public facility. Application shall be
made to the department of revenue in a form and manner
prescribed by the department of revenue. The application
shall contain information regarding the location of the public
facility, estimated or actual costs, time schedules for completion and operation, and other information required by the
department of revenue. The department of revenue shall
approve the application within sixty days if it meets the
requirements of this section.
(2) The department of revenue shall issue a sales and
use tax deferral certificate for state and local sales and use
taxes due under chapters 82.08, 82.12, and 82.14 RCW on
the public facility. The use of the certificate shall be
governed by rules established by the department of revenue.
(3) The public facilities district shall begin paying the
deferred taxes in the fifth year after the date certified by the
department of revenue as the date on which the public
facility is operationally complete. The first payment is due
on December 31st of the fifth calendar year after such
certified date, with subsequent annual payments due on
December 31st of the following nine years. Each payment
shall equal ten percent of the deferred tax.
(4) The department of revenue may authorize an
accelerated repayment schedule upon request of the public
facilities district.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all
[Title 36 RCW—page 294]
other penalties and interest applicable to delinquent excise
taxes may be assessed and imposed for delinquent payments
under this section. The debt for deferred taxes is not
extinguished by insolvency or other failure of the public
facilities district.
(6) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section.
(7) As used in this section, "public facility" means a
baseball stadium with a retractable roof or canopy and
natural turf. [1995 1st sp.s. c 14 § 6.]
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
36.100.100 Ex officio treasurer. The treasurer of the
county in which a public facilities district is located shall be
the ex officio treasurer of the district. [1995 c 396 § 7.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.110 Travel, expense reimbursement policy—
Required. The board of directors of the public facilities
district shall adopt a resolution that may be amended from
time to time that shall establish the basic requirements
governing methods and amounts of reimbursement payable
to such district officials and employees for travel and other
business expenses incurred on behalf of the district. The
resolution shall, among other things, establish procedures for
approving such expenses; the form of the travel and expense
voucher; and requirements governing the use of credit cards
issued in the name of the district. The resolution may also
establish procedures for payment of per diem to board
members. The state auditor shall, as provided by general
law, cooperate with the public facilities district in establishing adequate procedures for regulating and auditing the
reimbursement of all such expenses. [1995 c 396 § 8.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.120 Travel, expense reimbursement policy—
Limitations. The board of directors of the public facilities
district may authorize payment of actual and necessary
expenses of officers and employees for lodging, meals, and
travel-related costs incurred in attending meetings or conferences on behalf of the public facilities district and strictly in
the public interest and for public purposes. Officers and
employees may be advanced sufficient sums to cover their
anticipated expenses in accordance with rules adopted by the
state auditor, which shall substantially conform to the
procedures provided in RCW 43.03.150 through 43.03.210.
[1995 c 396 § 9.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.130 Board of directors—Compensation.
Each member of the board of directors of the public facilities
district may receive compensation of fifty dollars per day for
attending meetings or conferences on behalf of the district,
not to exceed three thousand dollars per year. A director
may waive all or a portion of his or her compensation under
this section as to a month or months during his or her term
of office, by a written waiver filed with the public facilities
district. The compensation provided in this section is in
(2002 Ed.)
Public Facilities Districts
addition to reimbursement for expenses paid to the directors
by the public facilities district. [1995 c 396 § 10.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.140 Liability insurance. The board of
directors of the public facilities district may purchase
liability insurance with such limits as the directors may deem
reasonable for the purpose of protecting and holding personally harmless district officers and employees against liability
for personal or bodily injuries and property damage arising
from their acts or omissions while performing or in good
faith purporting to perform their official duties. [1995 c 396
§ 11.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.150 Costs of defense. Whenever an action,
claim, or proceeding is instituted against a person who is or
was an officer or employee of the public facilities district
arising out of the performance of duties for or employment
with the district, the public facilities district may grant a request by the person that the attorney of the district’s choosing be authorized to defend the claim, suit, or proceeding,
and the costs of defense, attorneys’ fees, and obligation for
payments arising from the action may be paid from the
district’s funds. Costs of defense or judgment or settlement
against the person shall not be paid in a case where the court
has found that the person was not acting in good faith or
within the scope of employment with or duties for the public
facilities district. [1995 c 396 § 12.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.160 Expenditure of funds—Purposes. The
board of directors of the public facilities district shall have
authority to authorize the expenditure of funds for the public
purposes of preparing and distributing information to the
general public and promoting, advertising, improving,
developing, operating, and maintaining facilities of the
district. Nothing contained in this section may be construed
to authorize preparation and distribution of information to
the general public for the purpose of influencing the outcome
of a district election. [1995 c 396 § 13.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.170 Employees—Benefits. The public
facilities district shall have authority to create and fill
positions, fix wages, salaries, and bonds therefor, pay costs
involved in securing or arranging to secure employees, and
establish benefits for employees, including holiday pay,
vacations or vacation pay, retirement benefits, medical, life,
accident, or health disability insurance, as approved by the
board. Public facilities district board members, at their own
expense, shall be entitled to medical, life, accident, or health
disability insurance. Insurance for employees and board
members shall not be considered compensation. District
coverage for the board is not to exceed that provided public
facilities district employees. [1995 c 396 § 14.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.180 Service provider agreements. The public
facilities district may secure services by means of an
(2002 Ed.)
36.100.130
agreement with a service provider. The public facilities
district shall publish notice, establish criteria, receive and
evaluate proposals, and negotiate with respondents under
requirements set forth by district resolution. [1995 c 396 §
15.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.190 Purchases and sales—Procedures. In
addition to provisions contained in chapter 39.04 RCW, the
public facilities district is authorized to follow procedures
contained in RCW 43.19.1906 and 43.19.1911 for all
purchases, contracts for purchase, and sales. [1995 c 396 §
16.]
Severability—1995 c 396: See note following RCW 36.100.010.
36.100.200 Revenue bonds—Limitations. (1) A
public facilities district may issue revenue bonds to fund
revenue generating facilities, or portions of facilities, which
it is authorized to provide or operate. Whenever revenue
bonds are to be issued, the board of directors of the district
shall create or have created a special fund or funds from
which, along with any reserves created pursuant to RCW
39.44.140, the principal and interest on such revenue bonds
shall exclusively be payable. The board may obligate the
district to set aside and pay into the special fund or funds a
fixed proportion or a fixed amount of the revenues from the
public improvements, projects, or facilities, and all related
additions, that are funded by the revenue bonds. This
amount or proportion shall be a lien and charge against these
revenues, subject only to operating and maintenance expenses. The board shall have due regard for the cost of operation and maintenance of the public improvements, projects,
or facilities, or additions, that are funded by the revenue
bonds, and shall not set aside into the special fund or funds
a greater amount or proportion of the revenues that in its
judgment will be available over and above the cost of
maintenance and operation and the amount or proportion, if
any, of the revenue so previously pledged. The board may
also provide that revenue bonds payable out of the same
source or sources of revenue may later be issued on a parity
with any revenue bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section shall
not be an indebtedness of the district issuing the bonds, and
the interest and principal on the bonds shall only be payable
from the revenues lawfully pledged to meet the principal and
interest requirements and any reserves created pursuant to
RCW 39.44.140. The owner or bearer of a revenue bond or
any interest coupon issued pursuant to this section shall not
have any claim against the district arising from the bond or
coupon except for payment from the revenues lawfully
pledged to meet the principal and interest requirements and
any reserves created pursuant to RCW 39.44.140. The
substance of the limitations included in this subsection shall
be plainly printed, written, or engraved on each bond issued
pursuant to this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The board of directors of the
district shall by resolution determine for each revenue bond
issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration
[Title 36 RCW—page 295]
36.100.200
Title 36 RCW: Counties
privileges, manner of execution, manner of sale, callable
provisions, if any, and covenants including the refunding of
existing revenue bonds. Facsimile signatures may be used
on the bonds and any coupons. Refunding revenue bonds
may be issued in the same manner as revenue bonds are
issued. [1995 c 396 § 17.]
Severability—1995 c 396: See note following RCW 36.100.010.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
36.100.210 Tax on admissions. A public facility
district may levy and fix a tax of not more than one cent on
twenty cents or fraction thereof to be paid by the person who
pays an admission charge to a regional center, as defined in
RCW 35.57.020. This includes a tax on persons who are
admitted free of charge or at reduced rates if other persons
pay a charge or a regular higher charge for the same privileges or accommodations.
The term "admission charge" includes:
(1) A charge made for season tickets or subscriptions;
(2) A cover charge, or a charge made for use of seats
and tables reserved or otherwise, and other similar accommodations;
(3) A charge made for food and refreshment if free
entertainment, recreation, or amusement is provided;
(4) A charge made for rental or use of equipment or
facilities for purposes of recreation or amusement; if the
rental of the equipment or facilities is necessary to the
enjoyment of a privilege for which a general admission is
charged, the combined charges shall be considered as the
admission charge;
(5) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [1999 c 165 § 17.]
Severability—1999 c 164: See RCW 35.57.900.
36.100.220 Tax on vehicle parking charges. A
public facility district may levy and fix a tax on any vehicle
parking charges imposed at any parking facility that is
owned or leased by the public facility district as part of a regional center, as defined in RCW 35.57.020. No county or
city or town within which the regional center is located may
impose a tax of the same or similar kind on any vehicle
parking charges at the facility. For the purposes of this
section, "vehicle parking charges" means only the actual
parking charges exclusive of taxes and service charges and
the value of any other benefit conferred. The tax authorized
under this section shall be at the rate of not more than ten
percent. [1999 c 165 § 18.]
Severability—1999 c 164: See RCW 35.57.900.
36.100.900 Severability—1988 ex.s. c 1. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1988 ex.s. c 1 § 27.]
Chapter 36.102
STADIUM AND EXHIBITION CENTERS
Sections
36.102.010 Definitions.
36.102.020 Public stadium authority—Creation—Powers and duties—
Transfer of property.
36.102.030 Public stadium authority—Board of directors—
Appointment—Terms—Vacancy—Removal.
36.102.040 Public stadium authority advisory committee—
Appointment—Review and comment on proposed lease
agreement.
36.102.050 Public stadium authority—Powers and duties—Acquisition,
construction, ownership, remodeling, maintenance,
equipping, reequipping, repairing, and operation of
stadium and exhibition center—Contracts and
agreements regarding ownership and operation—
Employees unclassified—Supplemental public works
contracting procedures—Charges and fees—Gifts,
grants, and donations—Prevailing wage and women and
minority-business participation.
36.102.060 Public stadium authority—Powers and duties—Site—Project
scope—Design and specification—Use of professional
services—Budget—Financing structure—Development
agreement—Lease agreement—Profit-sharing discussion—Master tenant funds for Olympics and world
cup—Stadium scheduling—Super Bowl acquisition—
Mitigation—Demolition filming—Permanent seat licenses.
36.102.070 Deferral of taxes—Application by public stadium authority—Department of revenue approval—Repayment—
Schedules—Interest—Debt for taxes—Information not
confidential.
36.102.080 Naming rights—Use of revenues.
36.102.090 Donated moneys.
36.102.100 Construction agreements—Property assembly—Demolition
of existing structures.
36.102.110 Property acquisition and sale.
36.102.120 Public stadium authority board of directors—Travel and
business expenses—Resolution on payment and procedures—Operating budget report.
36.102.130 Public stadium authority officers and employees—Expenses.
36.102.140 Public stadium authority board of directors—
Compensation—Waiver.
36.102.150 Public stadium authority—Liability insurance.
36.102.160 Public stadium authority—Defense of suit, claim, or proceeding against officer or employee—Costs—Attorneys’
fees—Obligation—Exception.
36.102.170 Information preparation and distribution.
36.102.180 Public stadium authority—Employee positions—Wages and
benefits—Insurance of employees, board members.
36.102.190 Public stadium authority—Securing services—Service provider agreement—Resolutions setting procedures.
36.102.200 Public stadium authority—Confidentiality of financial information.
36.102.800 Referendum only measure for taxes for stadium and exhibition center—Limiting legislation upon failure to approve—1997 c 220.
36.102.801 Legislation as opportunity for voter’s decision—Not indication of legislators’ personal vote on referendum proposal—1997 c 220.
36.102.802 Contingency—Null and void—Team affiliate’s agreement
for reimbursement for election—1997 c 220.
36.102.803 Referendum—Submittal—Explanatory statement—Voters’
pamphlet—Voting procedures—Canvassing and certification—Reimbursement of counties for costs—No other
elections on stadium and exhibition center—1997 c 220.
36.102.900 Part headings not law—1997 c 220.
36.102.901 Severability—1997 c 220.
36.102.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
[Title 36 RCW—page 296]
(2002 Ed.)
Stadium and Exhibition Centers
(1) "Design" includes architectural, engineering, and
other related professional services.
(2) "Develop" means, generally, the process of planning,
designing, financing, constructing, owning, operating, and
leasing a project such as a stadium and exhibition center.
(3) "Permanent seat license" means a transferable
license sold to a third party that, subject to certain conditions, restrictions, and limitations, entitles the third party to
purchase a season ticket to professional football games of the
professional football team played in the stadium and exhibition center for so long as the team plays its games in that
facility.
(4) "Preconstruction" includes negotiations, including
negotiations with any team affiliate, planning, studies,
design, and other activities reasonably necessary before
constructing a stadium and exhibition center.
(5) "Professional football team" means a team that is a
member of the national football league or similar professional football association.
(6) "Public stadium authority operation" means the
formation and ongoing operation of the public stadium
authority, including the hiring of employees, agents, attorneys, and other contractors, and the acquisition and operation
of office facilities.
(7) "Site acquisition" means the purchase or other
acquisition of any interest in real property including fee
simple interests and easements, which property interests
constitute the site for a stadium and exhibition center.
(8) "Site preparation" includes demolition of existing
improvements, environmental remediation, site excavation,
shoring, and construction and maintenance of temporary
traffic and pedestrian routing.
(9) "Stadium and exhibition center" means an open-air
stadium suitable for national football league football and for
Olympic and world cup soccer, with adjacent exhibition
facilities, together with associated parking facilities and other
ancillary facilities.
(10) "Team affiliate" means a professional football team
that will use the stadium and exhibition center, and any
affiliate of the team designated by the team. An "affiliate of
the team" means any person or entity that controls, is
controlled by, or is under common control with the team.
[1997 c 220 § 101 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.020 Public stadium authority—Creation—
Powers and duties—Transfer of property. (1) A public
stadium authority may be created in any county that has
entered into a letter of intent relating to the development of
a stadium and exhibition center under chapter 220, Laws of
1997 with a team affiliate or an entity that has a contractual
right to become a team affiliate.
(2) A public stadium authority shall be created upon
adoption of a resolution providing for the creation of such an
authority by the county legislative authority in which the
proposed authority is located.
(3) A public stadium authority shall constitute a body
corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that
may now or hereafter be specifically conferred by statute,
including, but not limited to, the authority to hire employees,
(2002 Ed.)
36.102.010
staff, and services, to enter into contracts, and to sue and be
sued.
(4) The legislative authority of the county in which the
public stadium authority is located, or the council of any city
located in that county, may transfer property to the public
stadium authority created under this chapter. Property
encumbered by debt may be transferred by a county legislative authority or a city council to a public stadium authority
created to develop a stadium and exhibition center under
RCW 36.102.050, but obligation for payment of the debt
may not be transferred. [1997 c 220 § 102 (Referendum Bill
No. 48, approved June 17, 1997).]
36.102.030 Public stadium authority—Board of
directors—Appointment—Terms—Vacancy—Removal.
(1) A public stadium authority shall be governed by a board
of directors consisting of seven members appointed by the
governor. The speaker of the house of representatives, the
minority leader of the house of representatives, the majority
leader of the senate, and the minority leader of the senate
shall each recommend to the governor a person to be
appointed to the board.
(2) Members of the board of directors shall serve fouryear terms of office, except that three of the initial seven
board members shall serve two-year terms of office. The
governor shall designate the initial terms of office for the
initial members who are appointed.
(3) A vacancy shall be filled in the same manner as the
original appointment was made and the person appointed to
fill a vacancy shall serve for the remainder of the unexpired
term of the office for the position to which he or she was
appointed.
(4) A director appointed by the governor may be
removed from office by the governor. [1997 c 220 § 103
(Referendum Bill No. 48, approved June 17, 1997).]
36.102.040 Public stadium authority advisory
committee—Appointment—Review and comment on
proposed lease agreement. (1) There is created a public
stadium authority advisory committee comprised of five
members. The advisory committee consists of: The director
of the office of financial management, who shall serve as
chair; two members appointed by the house of representatives, one each appointed by the speaker of the house of
representatives and the minority leader of the house of
representatives; and two members appointed by the senate,
one each appointed by the majority leader of the senate and
the minority leader of the senate.
(2) The advisory committee, prior to the final approval
of any lease with the master tenant or sale of stadium
naming rights, shall review and comment on the proposed
lease agreement or sale of stadium naming rights. [1997 c
220 § 104 (Referendum Bill No. 48, approved June 17,
1997).]
36.102.050 Public stadium authority—Powers and
duties—Acquisition, construction, ownership, remodeling,
maintenance, equipping, reequipping, repairing, and
operation of stadium and exhibition center—Contracts
and agreements regarding ownership and operation—
Employees unclassified—Supplemental public works
[Title 36 RCW—page 297]
36.102.050
Title 36 RCW: Counties
contracting procedures—Charges and fees—Gifts, grants,
and donations—Prevailing wage and women and minority-business participation. (1) The public stadium
authority is authorized to acquire, construct, own, remodel,
maintain, equip, reequip, repair, and operate a stadium and
exhibition center as defined in RCW 36.102.010.
(2) The public stadium authority may enter into agreements under chapter 39.34 RCW for the joint provision and
operation of a stadium and exhibition center and may enter
into contracts under chapter 39.34 RCW where any party to
the contract provides and operates the stadium and exhibition
center for the other party or parties to the contract.
(3) Any employees of the public stadium authority shall
be unclassified employees not subject to the provisions of
chapter 41.06 RCW and a public stadium authority may
contract with a public or private entity for the operation or
management of the stadium and exhibition center.
(4) The public stadium authority is authorized to use the
alternative supplemental public works contracting procedures
set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
a stadium and exhibition center.
(5) The public stadium authority may impose charges
and fees for the use of the stadium and exhibition center,
and may accept and expend or use gifts, grants, and donations.
(6) The public stadium authority shall comply with the
prevailing wage requirements of chapter 39.12 RCW and
goals established for women and minority-business participation for the county. [1997 c 220 § 105 (Referendum Bill
No. 48, approved June 17, 1997).]
36.102.060 Public stadium authority—Powers and
duties—Site—Project scope—Design and specification—
Use of professional services—Budget—Financing structure—Development agreement—Lease agreement—
Profit-sharing discussion—Master tenant funds for
Olympics and world cup—Stadium scheduling—Super
Bowl acquisition—Mitigation—Demolition filming—
Permanent seat licenses. In addition to other powers and
restrictions on a public stadium authority, the following
apply to a public stadium authority created to develop a
stadium and exhibition center under RCW 36.102.050:
(1) The public stadium authority, in consultation with
the team affiliate, shall have the authority to determine the
stadium and exhibition center site;
(2) The public stadium authority, in consultation with
the team affiliate, shall have the authority to establish the
overall scope of the stadium and exhibition center project,
including, but not limited to, stadium and exhibition center
itself, associated exhibition facilities, associated parking
facilities, associated retail and office development that are
part of the stadium and exhibition center, and ancillary
services and facilities;
(3) The public stadium authority, in consultation with
the team affiliate, shall have the authority to make the final
determination of the stadium and exhibition center overall
design and specification;
(4) The public stadium authority shall have the authority
to contract with a team affiliate for the provision of architectural, engineering, environmental, and other professional
[Title 36 RCW—page 298]
services related to the stadium and exhibition center site,
design options, required environmental studies, and necessary
permits for the stadium and exhibition center;
(5) The public stadium authority, in consultation with
the team affiliate, shall have the authority to establish the
project budget on the stadium and exhibition center project;
(6) The public stadium authority, in consultation with
the team affiliate, shall have the authority to make recommendations to the state finance committee regarding the
structure of the financing of the stadium and exhibition
center project;
(7) The public stadium authority shall have the authority
to enter into a development agreement with a team affiliate
whereby the team affiliate may control the development of
the stadium and exhibition center project, consistent with
subsections (1) through (6) of this section, in consideration
of which the team affiliate assumes the risk of costs of
development that are in excess of the project budget established under subsection (5) of this section. Under the
development agreement, the team affiliate shall determine
bidding specifications and requirements, and other aspects of
development. Under the development agreement, the team
affiliate shall determine procurement procedures and other
aspects of development, and shall select and engage an
architect or architects and a contractor or contractors for the
stadium and exhibition center project, provided that the
construction, alterations, repairs, or improvements of the
stadium and exhibition center shall be subject to the prevailing wage requirements of chapter 39.12 RCW and all phases
of the development shall be subject to the goals established
for women and minority-business participation for the county
where the stadium and exhibition center is located. The
team affiliate shall, to the extent feasible, hire local residents
and in particular residents from the areas immediately surrounding the stadium and exhibition center during the
construction and ongoing operation of the stadium and
exhibition center;
(8) The public stadium authority shall have the authority
to enter into a long-term lease agreement with a team
affiliate whereby, in consideration of the payment of fair rent
and assumption of operating and maintenance responsibilities, risk, legal liability, and costs associated with the
stadium and exhibition center, the team affiliate becomes the
sole master tenant of the stadium and exhibition center. The
master tenant lease agreement must require the team affiliate
to publicly disclose, on an annual basis, an audited profit and
loss financial statement. The team affiliate shall provide a
guarantee, security, or a letter of credit from a person or
entity with a net worth in excess of one hundred million
dollars that guarantees a maximum of ten years’ payments of
fair rent under the lease in the event of the bankruptcy or
insolvency of the team affiliate. The master tenant shall
have the power to sublease and enter into use, license, and
concession agreements with various users of the stadium and
exhibition center including the professional football team,
and the master tenant has the right to name the stadium and
exhibition center, subject to RCW 36.102.080. The master
tenant shall meet goals, established by the county where the
stadium and exhibition center is located, for women and
minority employment for the operation of the stadium and
exhibition center. Except as provided in subsection (10) of
this section, the master tenant shall have the right to retain
(2002 Ed.)
Stadium and Exhibition Centers
revenues derived from the operation of the stadium and exhibition center, including revenues from the sublease and uses,
license and concession agreements, revenues from suite
licenses, concessions, advertising, long-term naming rights
subject to RCW 36.102.080, and parking revenue. If federal
law permits interest on bonds issued to finance the stadium
and exhibition center to be treated as tax exempt for federal
income tax purposes, the public stadium authority and the
team affiliate shall endeavor to structure and limit the
amounts, sources, and uses of any payments received by the
state, the county, the public stadium authority, or any related
governmental entity for the use or in respect to the stadium
and exhibition center in such a manner as to permit the
interest on those bonds to be tax exempt. As used in this
subsection, "fair rent" is solely intended to cover the reasonable operating expenses of the public stadium authority
and shall be not less than eight hundred fifty thousand
dollars per year with annual increases based on the consumer
price index;
(9) Subject to RCW 43.99N.020(2)(b)(ix), the public
stadium authority may reserve the right to discuss profit
sharing from the stadium and exhibition center from sources
that have not been identified at the time the long-term lease
agreement is executed;
(10) The master tenant may retain an amount to cover
the actual cost of preparing the stadium and exhibition center
for activities involving the Olympic Games and world cup
soccer. Revenues derived from the operation of the stadium
and exhibition center for activities identified in this subsection that exceed the master tenant’s actual costs of
preparing, operating, and restoring the stadium and exhibition center must be deposited into the tourism development
and promotion account created in RCW 43.330.094;
(11) The public stadium authority, in consultation with
a public facilities district that is located within the county,
shall work to eliminate the use of the stadium and exhibition
center for events during the same time as events are held in
the baseball stadium as defined in RCW 82.14.0485;
(12) The public stadium authority, in consultation with
the team affiliate, must work to secure the hosting of a
Super Bowl, if the hosting requirements are changed by the
national football league or similar professional football association;
(13) The public stadium authority shall work with
surrounding areas to mitigate the impact of the construction
and operation of the stadium and exhibition center;
(14) The public stadium authority, in consultation with
the office of financial management, shall negotiate filming
rights of the demolition of the existing domed stadium on
the stadium and exhibition center site. All revenues derived
from the filming of the demolition of the existing domed
stadium shall be deposited into the film and video promotion
account created in RCW 43.330.092; and
(15) The public stadium authority shall have the
authority, upon the agreement of the team affiliate, to sell
permanent seat licenses, and the team affiliate may act as the
sales agent for this purpose. [1997 c 220 § 106 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.070 Deferral of taxes—Application by public
stadium authority—Department of revenue approval—
(2002 Ed.)
36.102.060
Repayment—Schedules—Interest—Debt for taxes—
Information not confidential. (1) The governing board of
a public stadium authority may apply for deferral of taxes on
the construction of buildings, site preparation, and the
acquisition of related machinery and equipment for a stadium
and exhibition center. Application shall be made to the
department of revenue in a form and manner prescribed by
the department of revenue. The application shall contain
information regarding the location of the stadium and
exhibition center, estimated or actual costs, time schedules
for completion and operation, and other information required
by the department of revenue. The department of revenue
shall approve the application within sixty days if it meets the
requirements of this section.
(2) The department of revenue shall issue a sales and
use tax deferral certificate for state and local sales and use
taxes due under chapters 82.08, 82.12, and 82.14 RCW on
the public facility.
(3) The public stadium authority shall begin paying the
deferred taxes in the fifth year after the date certified by the
department of revenue as the date on which the stadium and
exhibition center is operationally complete. The first
payment is due on December 31st of the fifth calendar year
after such certified date, with subsequent annual payments
due on December 31st of the following nine years. Each
payment shall equal ten percent of the deferred tax.
(4) The department of revenue may authorize an
accelerated repayment schedule upon request of the public
stadium authority.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all
other penalties and interest applicable to delinquent excise
taxes may be assessed and imposed for delinquent payments
under this section. The debt for deferred taxes is not
extinguished by insolvency or other failure of the public
stadium authority.
(6) The repayment of deferred taxes and interest, if any,
shall be deposited into the stadium and exhibition center
account created in RCW 43.99N.060 and used to retire
bonds issued under RCW 43.99N.020 to finance the
construction of the stadium and exhibition center.
(7) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section. [1997 c 220 §
201 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.080 Naming rights—Use of revenues.
Revenues from the sales of naming rights of a stadium and
exhibition center developed under RCW 36.102.050 may
only be used for costs associated with capital improvements
associated with modernization and maintenance of the
stadium and exhibition center. The sales of naming rights
are subject to the reasonable approval of the public stadium
authority. [1997 c 220 § 107 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.090 Donated moneys. A public stadium
authority may accept and expend moneys that may be
donated for the purpose of a stadium and exhibition center.
[Title 36 RCW—page 299]
36.102.090
Title 36 RCW: Counties
[1997 c 220 § 108 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.100 Construction agreements—Property
assembly—Demolition of existing structures. (1) The
public stadium authority, the county, and the city, if any, in
which the stadium and exhibition center is to be located shall
enter into one or more agreements regarding the construction
of a stadium and exhibition center. The agreements shall
address, but not be limited to:
(a) Expedited permit processing for the design and
construction of the stadium and exhibition center project;
(b) Expedited environmental review processing;
(c) Expedited processing of requests for street, right of
way, or easement vacations necessary for the construction of
the stadium and exhibition center project; and
(d) Other items deemed necessary for the design and
construction of the stadium and exhibition center project.
(2) The county shall assemble such real property and
associated personal property as the public stadium authority
and the county mutually determine to be necessary as a site
for the stadium and exhibition center. Property that is
necessary for this purpose that is owned by the county on or
after July 17, 1997, shall be contributed to the authority, and
property that is necessary for this purpose that is acquired by
the county on or after July 17, 1997, shall be conveyed to
the authority. Property that is encumbered by debt may be
transferred by the county to the authority, but obligation for
payment of the debt may not be transferred.
(3) A new exhibition facility of at least three hundred
twenty-five thousand square feet, with adequate on-site
parking, shall be constructed and operational before any
domed stadium in the county is demolished or rendered
unusable. Demolition of any existing structure and construction of the stadium and exhibition center shall be reasonably
executed in a manner that minimizes impacts, including
access and parking, upon existing facilities, users, and
neighborhoods. No county or city may exercise authority
under any landmarks preservation statute or ordinance in
order to prevent or delay the demolition of any existing
domed stadium at the site of the stadium and exhibition
center. [1997 c 220 § 109 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.110 Property acquisition and sale. A public
stadium authority may acquire and transfer real and personal
property by lease, sublease, purchase, or sale. [1997 c 220
§ 110 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.120 Public stadium authority board of
directors—Travel and business expenses—Resolution on
payment and procedures—Operating budget report. (1)
The board of directors of the public stadium authority shall
adopt a resolution that may be amended from time to time
that shall establish the basic requirements governing methods
and amounts of reimbursement payable to such authority and
employees for travel and other business expenses incurred on
behalf of the authority. The resolution shall, among other
things, establish procedures for approving such expenses; the
form of the travel and expense voucher; and requirements
governing the use of credit cards issued in the name of the
[Title 36 RCW—page 300]
authority. The resolution may also establish procedures for
payment of per diem to board members. The state auditor
shall, as provided by general law, cooperate with the public
stadium authority in establishing adequate procedures for
regulating and auditing the reimbursement of all such
expenses.
(2) The board of directors shall transmit a copy of the
adopted annual operating budget of the public stadium
authority to the governor and the majority leader and
minority leader of the house of representatives and the
senate. The budget information shall include, but is not
limited to a statement of income and expenses of the public
stadium authority. [1997 c 220 § 111 (Referendum Bill No.
48, approved June 17, 1997).]
36.102.130 Public stadium authority officers and
employees—Expenses. The board of directors of the public
stadium authority may authorize payment of actual and
necessary expenses of officers and employees for lodging,
meals, and travel-related costs incurred in attending meetings
or conferences on behalf of the public stadium authority and
strictly in the public interest and for public purposes.
Officers and employees may be advanced sufficient sums to
cover their anticipated expenses in accordance with rules
adopted by the state auditor, which shall substantially
conform to the procedures provided in RCW 43.03.150
through 43.03.210. [1997 c 220 § 112 (Referendum Bill No.
48, approved June 17, 1997).]
36.102.140 Public stadium authority board of
directors—Compensation—Waiver. Each member of the
board of directors of the public stadium authority may receive compensation of fifty dollars per day for attending
meetings or conferences on behalf of the authority, not to
exceed three thousand dollars per year. A director may
waive all or a portion of his or her compensation under this
section as to a month or months during his or her term of
office, by a written waiver filed with the public stadium
authority. The compensation provided in this section is in
addition to reimbursement for expenses paid to the directors
by the public stadium authority. [1997 c 220 § 113 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.150 Public stadium authority—Liability
insurance. The board of directors of the public stadium
authority may purchase liability insurance with such limits
as the directors may deem reasonable for the purpose of
protecting and holding personally harmless authority officers
and employees against liability for personal or bodily injuries
and property damage arising from their acts or omissions
while performing or in good faith purporting to perform their
official duties. [1997 c 220 § 114 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.160 Public stadium authority—Defense of
suit, claim, or proceeding against officer or employee—
Costs—Attorneys’ fees—Obligation—Exception. Whenever an action, claim, or proceeding is instituted against a
person who is or was an officer or employee of the public
stadium authority arising out of the performance of duties for
or employment with the authority, the public stadium au(2002 Ed.)
Stadium and Exhibition Centers
thority may grant a request by the person that the attorney of
the authority’s choosing be authorized to defend the claim,
suit, or proceeding, and the costs of defense, attorneys’ fees,
and obligation for payments arising from the action may be
paid from the authority’s funds. Costs of defense or judgment or settlement against the person shall not be paid in a
case where the court has found that the person was not
acting in good faith or within the scope of employment with
or duties for the public stadium authority. [1997 c 220 §
115 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.170 Information preparation and distribution. The board of directors of the public stadium authority
shall have authority to authorize the expenditure of funds for
the public purposes of preparing and distributing information
to the general public about the stadium and exhibition center.
[1997 c 220 § 116 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.180 Public stadium authority—Employee
positions—Wages and benefits—Insurance of employees,
board members. The public stadium authority shall have
authority to create and fill positions, fix wages and salaries,
pay costs involved in securing or arranging to secure
employees, and establish benefits for employees, including
holiday pay, vacations or vacation pay, retirement benefits,
medical, life, accident, or health disability insurance, as
approved by the board. Public stadium authority board
members, at their own expense, shall be entitled to medical,
life, accident, or health disability insurance. Insurance for
employees and board members shall not be considered
compensation. Authority coverage for the board is not to
exceed that provided public stadium authority employees.
[1997 c 220 § 117 (Referendum Bill No. 48, approved June
17, 1997).]
36.102.190 Public stadium authority—Securing
services—Service provider agreement—Resolutions
setting procedures. The public stadium authority may
secure services by means of an agreement with a service
provider. The public stadium authority shall publish notice,
establish criteria, receive and evaluate proposals, and negotiate with respondents under requirements set forth by authority resolution. [1997 c 220 § 118 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.200
Public stadium authority—
Confidentiality of financial information. The public stadium authority may refuse to disclose financial information
on the master tenant, concessioners, the team affiliate, or
subleasee under RCW 42.17.310. [1997 c 220 § 119
(Referendum Bill No. 48, approved June 17, 1997).]
36.102.800 Referendum only measure for taxes for
stadium and exhibition center—Limiting legislation upon
failure to approve—1997 c 220. The referendum on this
act is the only measure authorizing, levying, or imposing
taxes for a stadium and exhibition center that may be put to
a public vote. Should the act fail to be approved at the
special election on or before June 20, 1997, the legislature
shall not pass other legislation to build or finance a stadium
(2002 Ed.)
36.102.160
and exhibition center, as defined in RCW 36.102.010, for the
team affiliate. [1997 c 220 § 604 (Referendum Bill No. 48,
approved June 17, 1997).]
36.102.801 Legislation as opportunity for voter’s
decision—Not indication of legislators’ personal vote on
referendum proposal—1997 c 220. The legislature neither
affirms nor refutes the value of this proposal, and by this
legislation simply expresses its intent to provide the voter of
the state of Washington an opportunity to express the voter’s
decision. It is also expressed that many legislators might
personally vote against this proposal at the polls, or they
might not. [1997 c 220 § 605 (Referendum Bill No. 48, approved June 17, 1997).]
36.102.802 Contingency—Null and void—Team
affiliate’s agreement for reimbursement for election—
1997 c 220. Notwithstanding any other provision of this act,
this act shall be null and void in its entirety unless the team
affiliate as defined in RCW 36.102.010 enters into an
agreement with the secretary of state to reimburse the state
and the counties for the full cost of the special election to be
held on or before June 20, 1997. [1997 c 220 § 606
(Referendum Bill No. 48, approved June 17, 1997).]
Reviser’s note: The team affiliate entered into an agreement with the
secretary of state on May 14, 1997, for reimbursement of the full cost of the
special election.
Effective date—1997 c 220 §§ 606 and 607: "Sections 606 and 607
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [April 26, 1997]." [1997 c 220 §
608.]
36.102.803 Referendum—Submittal—Explanatory
statement—Voters’ pamphlet—Voting procedures—
Canvassing and certification—Reimbursement of counties
for costs—No other elections on stadium and exhibition
center—1997 c 220. (1) The secretary of state shall submit
sections 101 through 604, chapter 220, Laws of 1997 to the
people for their adoption and ratification, or rejection, at a
special election to be held in this state on or before June 20,
1997, in accordance with Article II, section 1 of the state
Constitution and the laws adopted to facilitate its operation.
The special election shall be limited to submission of this act
to the people.
(2) The attorney general shall prepare the explanatory
statement required by *RCW 29.81.020 and transmit that
statement regarding the referendum to the secretary of state
no later than the last Monday of April before the special
election.
(3) The secretary of state shall prepare and distribute a
voters’ pamphlet addressing this referendum measure
following the procedures and requirements of chapter 29.81
RCW, except that the secretary of state may establish
different deadlines for the appointment of committees to
draft arguments for and against the referendum, for submitting arguments for and against the referendum, and for
submitting rebuttal statements of arguments for and against
the referendum. The voters’ pamphlet description of the
referendum measure shall include information to inform the
public that ownership of the KingDome may be transferred
to the public stadium authority and that the KingDome will
[Title 36 RCW—page 301]
36.102.803
Title 36 RCW: Counties
be demolished in order to accommodate the new football
stadium.
(4) A county auditor may conduct the voting at this
special election in all precincts of the county by mail using
the procedures set forth in **RCW 29.36.121 through
29.36.139.
(5) Notwithstanding the provisions of RCW 29.62.020,
the county canvassing board in each county shall canvass
and certify the votes cast at this special election in that
county to the secretary of state no later than the seventh day
following the election. Notwithstanding the provisions of
RCW 29.62.120, the secretary of state shall canvass and
certify the returns from the counties no later than the ninth
day following the special election.
(6) The secretary of state shall reimburse each county
for the cost of conducting the special election in that county
in the same manner as state primary and general election
costs are reimbursed under RCW 29.13.047 (1) and (3).
(7) No other state, county, or local election shall be
required or held on any proposition related to or affecting
the stadium and exhibition center defined in RCW
36.102.010. [1997 c 220 § 607 (Referendum Bill No. 48,
approved June 17, 1997).] Referendum Bill No. 48 was
approved by the electorate at the June 17, 1997, election.
Reviser’s note: *(1) RCW 29.81.020 was repealed by 1999 c 260 §
13.
**(2) RCW 29.36.121, 29.36.124, 29.36.126, and 29.36.130 were
recodified as RCW 29.38.020, 29.38.040, 29.38.050, and 29.38.060,
respectively, pursuant to 2001 c 241 § 25. RCW 29.36.122 and 29.36.139
were repealed by 2001 c 241 § 24.
Effective date—1997 c 220 §§ 606 and 607: See note following
RCW 36.102.802.
36.102.900 Part headings not law—1997 c 220. Part
headings used in this act are not any part of the law. [1997
c 220 § 601 (Referendum Bill No. 48, approved June 17,
1997).]
36.102.901 Severability—1997 c 220. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1997 c 220 § 602 (Referendum Bill No.
48, approved June 17, 1997).]
Chapter 36.105
COMMUNITY COUNCILS FOR
UNINCORPORATED AREAS OF
ISLAND COUNTIES
Sections
36.105.010
36.105.020
36.105.030
36.105.040
36.105.050
36.105.060
36.105.070
36.105.080
36.105.090
36.105.100
Purpose.
Definitions.
Minimum requirements.
Creation.
Election of initial community councilmembers.
Community councilmembers—Election—Terms.
Responsibility of county legislative authority.
Powers.
Annexation.
Dissolution.
[Title 36 RCW—page 302]
36.105.010 Purpose. Voters of the unincorporated
areas of the state are authorized to establish community
councils as provided in this chapter.
It is the purpose of this chapter to provide voters of
unincorporated areas in counties with a population of over
thirty thousand that are made up entirely of islands with
direct input on the planning and zoning of their community
by establishing a governmental mechanism to adopt proposed
community comprehensive plans and proposed community
zoning ordinances that are consistent with an overall guide
and framework adopted by the county legislative authority.
In addition, it is the purpose of this chapter to have community councils serve as forums for the discussion of local
issues. [1991 c 363 § 99.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Community" means a portion of the unincorporated
area for which a community council has been established
and which is located in a county with a population of over
thirty thousand that is made up entirely of islands.
(2) "Community comprehensive plan" means a comprehensive plan adopted by a community council.
(3) "Community council" means the governing body
established under this chapter to adopt community comprehensive plans and community zoning ordinances for a
community.
(4) "Community zoning ordinances" means the zoning
ordinances adopted by a community council to implement a
community comprehensive plan. [1991 c 363 § 100.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.030 Minimum requirements. A community
for which a community council is created may include only
unincorporated territory located in a single county with a
population of over thirty thousand that is made up entirely
of islands and not included within a city or town. A
community council must have at least one thousand persons
residing within the community when the community council
is created or, where the community only includes an entire
island, at least three hundred persons must reside on the
island when the community council is created. Any portion
of such a community that is annexed by a city or town, or
is incorporated as a city or town, shall be removed from the
community upon the effective date of the annexation or the
official date of the incorporation. [1991 c 363 § 101.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.040 Creation. (1) The process to create a
community council shall be initiated by the filing of petitions
with the county auditor of the county in which the community is located which: (a) Call for the creation of a community
council; (b) set forth the boundaries for the community; (c)
indicate the number of community councilmembers, which
shall be five, seven, nine, or eleven; and (d) contain signatures of voters residing within the community equal in
(2002 Ed.)
Community Councils for Unincorporated Areas of Island Counties
number to at least ten percent of the voters residing in the
community who voted at the last state general election. The
county auditor shall determine if the petitions contain a
sufficient number of valid signatures and certify the sufficiency of the petitions within fifteen days of when the
petitions were filed. If the petitions are certified as having
sufficient valid signatures, the county auditor shall transmit
the petitions and certificate to the county legislative authority.
(2) The county legislative authority shall hold a public
hearing within the community on the creation of the proposed community council no later than sixty days after the
petitions and certificate of sufficiency were transmitted to the
county legislative authority. Notice of the public hearing
shall be published in a newspaper of general circulation in
the community for at least once a week for two consecutive
weeks, with the last date of publication no more than ten
days prior to the date of the public hearing. At least ten
days before the public hearing, additional notice shall be
posted conspicuously in at least five places within the
proposed community in a manner designed to attract public
attention.
(3) After receiving testimony on the creation of the
proposed community council, the county legislative authority
may alter the boundaries of the community, but the boundaries may not be altered to reduce the number of persons
living within the community by more than ten percent or
below the minimum number of residents who must reside
within the community at the time of the creation of the
community council. If territory is added to the community,
another public hearing on the proposal shall be held.
(4) The county legislative authority shall call a special
election within the community to determine whether the
proposed community council shall be created, and to elect
the initial community councilmembers, at the next state
general election occurring seventy-five or more days after
the initial public hearing on the creation of the proposed
community council. The community council shall be created
if the ballot proposition authorizing the creation of the
community is approved by a simple majority vote of the
voters voting on the proposition. [1991 c 363 § 102.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.050 Election of initial community
councilmembers. The initial members of the community
council shall be elected at the same election as the ballot
proposition is submitted authorizing the creation of the
community council. However, the election of the initial
community councilmembers shall be null and void if the
ballot proposition authorizing the creation of the community
council is not approved.
No primary election shall be held to nominate candidates for initial council positions. The initial community
council shall consist of the candidate for each council
position who receives the greatest number of votes for that
council position. Staggering of terms of office shall be
accomplished by having the majority of the winning candidates who receive the greatest number of votes being elected
to four-year terms of office, and the remaining winning
candidates being elected to two-year terms of office, if the
election was held in an even-numbered year, or the majority
(2002 Ed.)
36.105.040
of the winning candidates who receive the greatest number
of votes being elected to three-year terms of office, and the
remaining winning candidates being elected to one-year
terms of office, if the election was held in an odd-numbered
year, with the term computed from the first day of January
in the year following the election. Initial councilmembers
shall take office immediately when qualified in accordance
with RCW 29.01.135.
However, where the county operates under a charter
providing for the election of members of the county legislative authority in odd-numbered years, the terms of office of
the initial councilmembers shall be four years and two years,
if the election of the initial councilmembers was held on an
odd-numbered year, or three years and one year, if the
election of the initial councilmembers was held on an evennumbered year. [1991 c 363 § 103.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.060 Community councilmembers—
Election—Terms. Community councilmembers shall be
elected to staggered four-year terms until their successors are
elected and qualified. Each council position shall be
numbered separately. Candidates shall run for specific
council positions. The number of council positions shall be
five, seven, nine, or eleven, as specified in the petition
calling for the creation of the community council.
Community councilmembers shall be nominated and
elected at nonpartisan elections pursuant to general election
laws, except the elections shall be held in even-numbered
years, unless the county operates under a charter and
members of the county legislative authority are elected in
odd-numbered years, in which case, community
councilmembers shall be elected in odd-numbered years.
The provisions of this section apply to the election and
terms of office of the initial community councilmembers,
except as provided in RCW 36.105.050.
A councilmember shall lose his or her council position
if his or her primary residence no longer is located within
the community. Vacancies on a community council shall be
filled by action of the remaining councilmembers. [1991 c
363 § 104.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.070 Responsibility of county legislative
authority. (1) Within ninety days of the election at which
a community council is created, the county legislative
authority shall adopt an ordinance establishing policies and
conditions and designating portions or components of the
county comprehensive plan and zoning ordinances that serve
as an overall guide and framework for the development of
proposed community comprehensive plans and proposed
community zoning ordinances. The conditions and policies
shall conform with the requirements of chapter 36.70A
RCW.
(2) Proposed community comprehensive plans and
proposed community zoning ordinances that are adopted by
a community council shall be submitted to the county
legislative authority for its review of the consistency of the
proposed plans and proposed ordinances with the ordinance
[Title 36 RCW—page 303]
36.105.070
Title 36 RCW: Counties
adopted under subsection (1) of this section. The county
legislative authority shall either approve the proposed plans
and proposed ordinances as adopted, or refer the proposed
plans and proposed ordinances back to the community council with written findings specifying the inconsistencies,
within ninety days after they were submitted. The county
comprehensive plan, or subarea plan and comprehensive
plan, and zoning ordinances shall remain in effect in the
community until the proposed community comprehensive
plans and proposed community zoning ordinances have been
approved as provided in this subsection.
(3) Each proposed amendment to approved community
comprehensive plans or approved community zoning
ordinances that is adopted by a community council shall be
submitted to the county legislative authority for its review of
the consistency of the amendment with the ordinance
adopted under subsection (1) of this section. The county
legislative authority shall either approve the proposed
amendment as adopted or refer the proposed amendment
back to the community council with written findings specifying the inconsistencies within ninety days after the
proposed amendment was submitted. The unamended
community comprehensive plans and unamended community
zoning ordinances shall remain in effect in the community
until the proposed amendment has been approved as provided in this subsection.
(4) If the county legislative authority amends the
ordinance it adopted under subsection (1) of this section, a
community council shall be given at least one hundred
twenty days to amend its community comprehensive plans
and community zoning ordinances to be consistent with this
amended ordinance. However, the county legislative authority may amend the community comprehensive plans and
community zoning ordinances to achieve consistency with
this amended ordinance. Nothing in this subsection shall
preclude a community council from subsequently obtaining
approval of its proposed community comprehensive plans
and proposed community zoning ordinances.
(5) Approved community comprehensive plans and
approved community zoning ordinances shall be enforced by
the county as if they had been adopted by the county legislative authority. All quasi-judicial actions and permits relating
to these plans and ordinances shall be made and decided by
the county legislative authority or otherwise as provided by
the county legislative authority.
(6) The county shall provide administrative and staff
support for each community council within its boundaries.
[1991 c 363 § 105.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.080 Powers. A community council shall adopt
proposed community comprehensive plans and proposed
community zoning ordinances as provided in RCW
36.105.070. Community councils shall not have the authority to take quasi-judicial actions nor to decide permit applications. In addition, a community council shall serve as a
forum for the discussion of local issues.
Community councils are subject to chapter 42.30 RCW,
the open public meetings act. [1991 c 363 § 106.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 36 RCW—page 304]
36.105.090 Annexation. A community council may
provide for the annexation of adjacent unincorporated areas
to the community that are not included within another
community for which a community council has been
established. Annexations shall be initiated by either resolution of the community council proposing the annexation or
petition of voters residing in the adjacent area, which
petition: (a) Requests the annexation; (b) sets forth the
boundaries of the area proposed to be annexed; and (c)
contains signatures of voters residing within the area that is
proposed to be annexed equal in number to at least ten
percent of the voters residing in that area who voted at the
last state general election. Annexation petitions shall be
filed with the county auditor who shall determine if the
petitions contain a sufficient number of valid signatures,
certify the sufficiency of the petitions, and notify the
community council of the sufficiency of the petitions within
fifteen days of when the petitions are submitted.
A ballot proposition authorizing the annexation shall be
submitted to the voters of the area that is proposed to be
annexed at a primary or general election in either an oddnumbered or even-numbered year, if the community council
initiated the annexation by resolution or if the community
council concurs in an annexation that was initiated by the
submission of annexation petitions containing sufficient valid
signatures. The annexation shall occur if the ballot proposition authorizing the creation of the community is approved
by a simple majority vote of the voters voting on the
proposition. The county’s comprehensive plan, and where
applicable to the county’s subarea plan, and zoning ordinances shall continue in effect in the annexed area until proposed
amendments to the approved community comprehensive
plans and approved community zoning ordinance have been
approved that apply to the annexed area. [1991 c 363 §
107.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
36.105.100 Dissolution. A community council shall
be dissolved if the population of the community is reduced
to less than five hundred persons, or less than two hundred
persons if the community only includes an entire island.
At the next general election at which community
councilmembers would be elected, occurring at least four
years after the creation or reestablishment of a community,
a ballot proposition shall be submitted to the voters of the
community on whether the community shall be reestablished.
If reestablished, the newly elected members of the community council and the retained members of the community
council shall constitute the members of the community
council. [1991 c 363 § 108.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Chapter 36.110
JAIL INDUSTRIES PROGRAM
Sections
36.110.010
36.110.020
36.110.030
36.110.050
Finding—Purpose, intent.
Definitions.
Board of directors established—Membership.
Local advisory groups.
(2002 Ed.)
Jail Industries Program
36.110.060
36.110.070
36.110.080
36.110.085
36.110.090
36.110.100
36.110.110
36.110.120
36.110.130
36.110.140
36.110.150
36.110.160
36.110.900
Board of directors—Duties.
Board of directors may receive funds, establish fee schedule.
Board of directors—Meetings—Terms—Compensation.
Board of directors—Immunity.
City or county special revenue funds.
Comprehensive work programs.
Deductions from offenders’ earnings.
Free venture industries, tax reduction industries—
Employment status of inmates—Insurance coverage.
Free venture industry agreements—Effect of failure.
Education and training.
Department of corrections to provide staff assistance.
Technical training assistance.
Severability—1993 c 285.
36.110.010 Finding—Purpose, intent. Cities and
counties have a significant interest in ensuring that inmates
in their jails are productive citizens after their release in the
community. The legislature finds that there is an expressed
need for cities and counties to uniformly develop and coordinate jail industries technical information and program and
public safety standards statewide. It further finds that
meaningful jail work industries programs that are linked to
formal education and adult literacy training can significantly
reduce recidivism, the rising costs of corrections, and
criminal activities. It is the purpose and intent of the legislature, through this chapter, to establish a statewide jail industries program designed to promote inmate rehabilitation
through meaningful work experience and reduce the costs of
incarceration. The legislature recognizes that inmates should
have the responsibility for contributing to the cost of their
crime through the wages earned while working in jail
industries programs and that such income shall be used to
offset the costs of implementing and maintaining local jail
industries programs and the costs of incarceration. [1993 c
285 § 1.]
36.110.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the statewide jail industries board of
directors.
(2) "City" means any city, town, or code city.
(3) "Cost accounting center" means a specific industry
program operated under the private sector prison industry
enhancement certification program as specified in 18 U.S.C.
Sec. 1761.
(4) "Court-ordered legal financial obligation" means a
sum of money that is ordered by a superior, district, or
municipal court of the state of Washington for payment of
restitution to a victim, a statutorily imposed crime victims
compensation fee, court costs, a county or interlocal drug
fund, court appointed attorneys’ fees and costs of defense,
fines, and other legal financial obligations that are assessed
as a result of a felony or misdemeanor conviction.
(5) "Free venture employer model industries" means an
agreement between a city or county and a private sector
business or industry or nonprofit organization to produce
goods or services to both public and private sectors utilizing
jail inmates whose compensation and supervision are
provided by the private sector business or entity.
"Free venture customer model industries" means an
agreement between a city or county and a private sector
business or industry, or nonprofit organization to provide
(2002 Ed.)
Chapter 36.110
Washington state manufacturers or businesses with products
or services currently produced, provided, or assembled by
out-of-state or foreign suppliers utilizing jail inmates whose
compensation and supervision are provided by the incarcerating facility or local jurisdiction.
(6) "Jail inmate" means a preconviction or
postconviction resident of a city or county jail who is
determined to be eligible to participate in jail inmate work
programs according to the eligibility criteria of the work
program.
(7) "Private sector prison industry enhancement certification program" means that program authorized by the
United States justice assistance act of 1984, 18 U.S.C. Sec.
1761.
(8) "Tax reduction industries" means those industries as
designated by a city or county owning and operating such an
industry to provide work training and employment opportunities for jail inmates, in total confinement, which reduce
public support costs. The goods and services of these
industries may be sold to public agencies, nonprofit organizations, and private contractors when the goods purchased
will be ultimately used by a public agency or nonprofit
organization. Surplus goods from these operations may be
donated to government and nonprofit organizations. [1995
c 154 § 1; 1993 c 285 § 2.]
36.110.030 Board of directors established—
Membership. A statewide jail industries board of directors
is established. The board shall consist of the following
members:
(1) One sheriff and one police chief, to be selected by
the Washington association of sheriffs and police chiefs;
(2) One county commissioner or one county
councilmember to be selected by the Washington state
association of counties;
(3) One city official to be selected by the association of
Washington cities;
(4) Two jail administrators to be selected by the
Washington state jail association, one of whom shall be from
a county or a city with an established jail industries program;
(5) One prosecuting attorney to be selected by the
Washington association of prosecuting attorneys;
(6) One administrator from a city or county corrections
department to be selected by the Washington correctional
association;
(7) One county clerk to be selected by the Washington
association of county clerks;
(8) Three representatives from labor to be selected by
the governor. The representatives may be chosen from a list
of nominations provided by statewide labor organizations
representing a cross-section of trade organizations;
(9) Three representatives from business to be selected
by the governor. The representatives may be chosen from
a list of nominations provided by statewide business organizations representing a cross-section of businesses, industries,
and all sizes of employers;
(10) The governor’s representative from the employment
security department;
(11) One member representing crime victims, to be
selected by the governor;
[Title 36 RCW—page 305]
36.110.030
Title 36 RCW: Counties
(12) One member representing on-line law enforcement
officers, to be selected by the governor;
(13) One member from the department of community,
trade, and economic development to be selected by the
governor;
(14) One member representing higher education,
vocational education, or adult basic education to be selected
by the governor; and
(15) The governor’s representative from the correctional
industries division of the state department of corrections
shall be an ex officio member for the purpose of coordination and cooperation between prison and jail industries and
to further a positive relationship between state and local government offender programs. [1995 c 399 § 45; 1993 c 285
§ 3.]
36.110.050 Local advisory groups. The board shall
require a city or a county that establishes a jail industries
program to develop a local advisory group, or to use an
existing advisory group of the appropriate composition, to
advise and guide jail industries program operations. Such an
advisory group shall include an equal number of representatives from labor and business. Representation from a
sheltered workshop, as defined in RCW 82.04.385, and a
crime victim advocacy group, if existing in the local area,
should also be included.
A local advisory group shall have among its tasks the
responsibility of ensuring that a jail industry has minimal
negative impact on existing private industries or the labor
force in the locale where the industry operates and that a jail
industry does not negatively affect employment opportunities
for people with developmental disabilities contracted through
the operation of sheltered workshops as defined in RCW
82.04.385. In the event a conflict arises between the local
business community or labor organizations concerning new
jail industries programs, products, services, or wages, the
city or county must use the arbitration process established
pursuant to RCW 36.110.060. [1993 c 285 § 5.]
36.110.060 Board of directors—Duties. The board,
in accordance with chapter 34.05 RCW, shall:
(1) Establish an arbitration process for resolving
conflicts arising among the local business community and
labor organizations concerning new industries programs,
products, services, or wages;
(2) Encourage the development of the collection and
analysis of jail industries program data, including long-term
tracking information on offender recidivism;
(3) Determine, by applying established federal guidelines and criteria, whether a city or a county jail free venture
industries program complies with the private sector prison
industry enhancement certification program. In so doing,
also determine if that industry should be designated as a cost
accounting center for the purposes of the federal certification
program; and
(4) Provide technical assistance with product marketing.
[1993 c 285 § 6.]
36.110.070 Board of directors may receive funds,
establish fee schedule. The board may receive funds from
local, county, state, or federal sources and may receive
[Title 36 RCW—page 306]
grants to support its activities. The board may establish a
reasonable schedule of suggested fees that will support
statewide efforts to promote and facilitate jail industries that
would be presented to cities and counties that have established jail industries programs. [1993 c 285 § 7.]
36.110.080 Board of directors—Meetings—Terms—
Compensation. The board shall initially convene at the call
of the representative of the correctional industries division of
the state department of corrections, together with the jail
administrator selected from a city or a county with an
established jail industries program, no later than six months
after July 25, 1993. Subsequent meetings of the board shall
be at the call of the board chairperson. The board shall meet
at least twice a year.
The board shall elect a chairperson and other such
officers as it deems appropriate. However, the chairperson
may not be the representative of the correctional industries
division of the state department of corrections nor any
representative from a state executive branch agency.
Members of the board shall serve terms of three years
each on a staggered schedule to be established by the first
board. For purposes of initiating a staggered schedule of
terms, some members of the first board may initially serve
two years and some members may initially serve four years.
The members of the board shall serve without compensation but may be reimbursed for travel expenses from funds
acquired under this chapter. [1993 c 285 § 8.]
36.110.085 Board of directors—Immunity. Any
member serving in their official capacity on the Washington
state jail industries board, in either an appointed or advisory
capacity, or either their employer or employers, or other
entity that selected the members to serve, are immune from
a civil action based upon an act performed in good faith.
[1995 c 154 § 5.]
36.110.090 City or county special revenue funds. A
city or a county that implements a jail industries program
may establish a separate fund for the operation of the
program. This fund shall be a special revenue fund with
continuing authority to receive income and pay expenses
associated with the jail industries program. [1993 c 285 §
9.]
36.110.100 Comprehensive work programs. Cities
and counties participating in jail industries are authorized to
provide for comprehensive work programs using jail inmate
workers at worksites within jail facilities or at such places
within the city or county as may be directed by the legislative authority of the city or county, as similarly provided
under RCW 36.28.100. [1993 c 285 § 10.]
36.110.110 Deductions from offenders’ earnings.
When an offender is employed in a jail industries program
for which pay is allowed, deductions may be made from
these earnings for court-ordered legal financial obligations as
directed by the court in reasonable amounts that do not
unduly discourage the incentive to work. These deductions
shall be disbursed as directed in *RCW 9.94A.760.
(2002 Ed.)
Jail Industries Program
In addition, inmates working in jail industries programs
shall contribute toward costs to develop, implement, and
operate jail industries programs. This amount shall be a
reasonable amount that does not unduly discourage the
incentive to work. The amount so deducted shall be deposited in the jail industries special revenue fund.
Upon request of the offender, family support may also
be deducted and disbursed to a designated family member.
[1993 c 285 § 11.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
36.110.120 Free venture industries, tax reduction
industries—Employment status of inmates—Insurance
coverage. (1) A jail inmate who works in a free venture
industry or a tax reduction industry shall be considered an
employee of that industry only for the purpose of the
Washington industrial safety and health act, chapter 49.17
RCW, as long as the public safety is not compromised, and
for eligibility for industrial insurance benefits under Title 51
RCW, as provided in this section.
(2) For jail inmates participating in free venture employer model industries, the private sector business or industry or
the nonprofit organization that is party to the agreement,
shall provide industrial insurance coverage under Title 51
RCW. Local jurisdictions shall not be responsible for
obligations under Title 51 RCW in a free venture employer
model industry except as provided in RCW 36.110.130.
(3) For jail inmates participating in free venture customer model industries, the incarcerating entity or jurisdiction,
the private sector business or industry, or the nonprofit
organization that is party to the agreement, shall provide
industrial insurance coverage under Title 51 RCW dependent
upon how the parties to the agreement choose to finalize the
agreement.
(4) For jail inmates incarcerated and participating in tax
reduction industries:
(a) Local jurisdictions that are self-insured may elect to
provide medical aid benefits coverage only under chapter
51.36 RCW through the state fund.
(b) Local jurisdictions, to include self-insured jurisdictions, may elect to provide industrial insurance coverage
under Title 51 RCW through the state fund.
(5) If industrial insurance coverage under Title 51 RCW
is provided for inmates under this section, eligibility for
benefits for either the inmate or the inmate’s dependents or
beneficiaries for temporary total disability or permanent total
disability under RCW 51.32.090 or 51.32.060, respectively,
shall not take effect until the inmate is discharged from custody by order of a court of appropriate jurisdiction. Nothing
in this section shall be construed to confer eligibility for any
industrial insurance benefits to any jail inmate who is not
employed in a free venture industry or a tax reduction
industry. [1995 c 154 § 2; 1993 c 285 § 12.]
36.110.110
establishment of the free venture industry agreement, as if
the city or county had been the employing agency. To
ensure that this obligation can be clearly identified and
accomplished, and to provide accountability for purposes of
the department of labor and industries, a free venture jail
industry agreement entered into by a city or county and
private sector business, industry, or nonprofit organization
should be filed under a separate master business application,
establishing a new and separate account with the department
of labor and industries, and not be reported under an existing
account for parties to the agreement. [1995 c 154 § 3; 1993
c 285 § 13.]
36.110.140 Education and training. To the extent
possible, jail industries programs shall be augmented by
education and training to improve worker literacy and
employability skills. Such education and training may
include, but is not limited to, basic adult education, work
towards a certificate of educational competence following
successful completion of the general educational development test, vocational and preemployment work maturity
skills training, and apprenticeship classes. [1993 c 285 §
14.]
36.110.150 Department of corrections to provide
staff assistance. Until sufficient funding is secured by the
board to adequately provide staffing, basic staff assistance
shall be provided, to the extent possible, by the department
of corrections. [1993 c 285 § 15.]
36.110.160 Technical training assistance. Technical
training assistance shall be provided to local jurisdictions by
the board at the jurisdiction’s request. To facilitate and
promote the development of local jail industries programs,
this training and technical assistance may include the following: (1) Delivery of statewide jail industry implementation
workshops for administrators of jail industries programs; (2)
development of recruitment and education programs for local
business and labor to gain their participation; (3) ongoing
staff assistance regarding local jail industries issues, such as
sound business management skills, development of a
professional business plan, responding to questions regarding
risk management, industrial insurance, and similar matters;
and (4) provision of guidelines and assistance for the
coordination of basic educational programs and jail industries
as well as other technical skills required by local jails in the
implementation of safe, productive, and effective jail
industries programs. [1995 c 154 § 4.]
36.110.900 Severability—1993 c 285. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1993 c 285 § 17.]
36.110.130 Free venture industry agreements—
Effect of failure. In the event of a failure such as a
bankruptcy or dissolution, of a private sector business,
industry, or nonprofit organization engaged in a free venture
industry agreement, responsibility for obligations under Title
51 RCW shall be borne by the city or county responsible for
(2002 Ed.)
[Title 36 RCW—page 307]
Chapter 36.115
Title 36 RCW: Counties
Chapter 36.115
SERVICE AGREEMENTS
Sections
36.115.010
36.115.020
36.115.030
36.115.040
36.115.050
36.115.060
36.115.070
36.115.080
Purpose.
Definitions.
Coordination—Consistency.
Geographic area covered—Contents—When effective.
Matters included.
Procedure for establishment—Counties affected.
Legislative intent.
Duties, requirements, authorities under growth management
act not altered.
36.115.010 Purpose. The purpose of chapter 266,
Laws of 1994 is to establish a flexible process by which
local governments enter into service agreements that will
establish which jurisdictions should provide various local
government services and facilities within specified geographic areas and how those services and facilities will be
financed. [1994 c 266 § 1.]
36.115.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "City" means a city or town, including a city
operating under Title 35A RCW.
(2) "Governmental service" includes a service provided
by local government, and any facilities and equipment
related to the provision of such services, including but not
limited to utility services, health services, social services,
law enforcement services, fire prevention and suppression
services, community development activities, environmental
protection activities, economic development activities, and
transportation services and facilities, but shall not include the
generation, conservation, or distribution of electrical energy
nor maritime shipping activities.
(3) "Regional service" means a governmental service
established by agreement among local governments that
delineates the government entity or entities responsible for
the service provision and allows for that delivery to extend
over jurisdictional boundaries.
(4) "Local government" means a county, city, or special
district.
(5) "Service agreement" means an agreement among
counties, cities, and special districts established pursuant to
this chapter.
(6) "Special district" means a municipal or quasimunicipal corporation in the state, other than a county, city,
or school district. [1994 c 266 § 2.]
36.115.030 Coordination—Consistency. A service
agreement addressing children and family services shall
enhance coordination and shall be consistent with the
comprehensive plan developed under chapter 7, Laws of
1994 sp. sess. [1994 c 266 § 3.]
36.115.040 Geographic area covered—Contents—
When effective. (1) Agreements among local governments
concerning one or more governmental service should be
established for a designated geographic area as provided in
this section.
[Title 36 RCW—page 308]
(2) A service agreement must describe: (a) The
governmental service or services addressed by the agreement; (b) the geographic area covered by the agreement; (c)
which local government or local governments are to provide
each of the governmental services addressed by the agreement within the geographic area covered by the agreement;
and (d) the term of the agreement, if any.
(3) A service agreement becomes effective when
approved by: (a) The county legislative authority of each
county that includes territory located within the geographic
area covered by the agreement; (b) the governing body or
bodies of at least a simple majority of the total number of
cities that includes territory located within the geographic
area covered by the agreement, which cities include at least
seventy-five percent of the total population of all cities that
includes territory located within the geographic area covered
by the agreement; and (c) for each governmental service addressed by the agreement, the governing body or bodies of
at least a simple majority of the special districts that include
territory located within the geographic area covered by the
agreement and which provide the governmental service
within such territory. The participants may agree to use
another formula. An agreement pursuant to this section shall
be effective upon adoption by the county legislative authority
following a public hearing.
(4) A service agreement may cover a geographic area
that includes territory located in more than a single county.
[1994 c 266 § 4.]
36.115.050 Matters included. A service agreement
may include, but is not limited to, any or all of the following
matters:
(1) A dispute resolution arrangement;
(2) How joint land-use planning and development
regulations by the county and a city or cities, or by two or
more cities, may be established, made binding, and enforced;
(3) How common development standards between the
county and a city or cities, or between two or more cities,
may be established, made binding, and enforced;
(4) How capital improvement plans of the county, cities,
and special districts shall be coordinated;
(5) How plans and policies adopted under chapter
36.70A RCW will be implemented by the service agreement;
(6) A transfer of revenues between local governments in
relationship to their obligations for providing governmental
services;
(7) The designation of additional area-wide governmental services to be provided by the county. [1994 c 266 § 5.]
36.115.060 Procedure for establishment—Counties
affected. (1) The county legislative authority of every
county with a population of one hundred fifty thousand or
more shall convene a meeting on or before March 1, 1995,
to develop a process for the establishment of service agreements. Invitations to attend this meeting shall be sent to the
governing body of each city located in the county, and to the
governing body of each special district located in the county
that provides one or more of the governmental services as
defined in RCW 36.115.020(2).
The legislative authorities of counties of less than one
hundred fifty thousand population may utilize this chapter by
(2002 Ed.)
Service Agreements
adopting a resolution stating their intent to do so. In that
case or in the case of counties whose populations reach one
hundred fifty thousand after March 1, 1995, this meeting
shall be convened no later than sixty days after the date the
county adopts its resolution of intention or was certified by
the office of financial management as having a population of
one hundred fifty thousand or more.
(2) On or before January 1, 1997, a service agreement
must be adopted in each county under this chapter or a
progress report must be submitted to the appropriate committees of the legislature.
(3) In other counties that choose to utilize this chapter
or whose population reaches one hundred fifty thousand, the
service agreement must be adopted two years after the initial
meeting provided for in subsection (1) of this section is
convened or a progress report must be submitted to the
appropriate committees of the legislature. [1994 c 266 § 6.]
36.115.070 Legislative intent. It is the intent of the
legislature to permit the creation of a flexible process to
establish service agreements and to recognize that local
governments possess broad authority to shape a variety of
government service agreements to meet their local needs and
circumstances. However, it is noted that in general, cities
are the unit of local government most appropriate to provide
urban governmental services and counties are the unit of
local government most appropriate to provide regional
governmental services.
The process to establish service agreements should
assure that all directly affected local governments, and
Indian tribes at their option, are allowed to be heard on
issues relevant to them. [1994 c 266 § 7.]
36.115.080 Duties, requirements, authorities under
growth management act not altered. Nothing contained in
this chapter alters the duties, requirements, and authorities of
cities and counties contained in chapter 36.70A RCW.
[1994 c 266 § 8.]
Chapter 36.120
REGIONAL TRANSPORTATION
INVESTMENT DISTRICTS
Sections
36.120.010
36.120.020
36.120.030
36.120.040
36.120.050
36.120.060
36.120.070
36.120.080
36.120.090
36.120.100
36.120.110
36.120.120
36.120.130
36.120.140
36.120.150
36.120.160
36.120.170
36.120.180
36.120.190
(2002 Ed.)
Findings.
Definitions.
Planning committee formation.
Planning committee duties.
Taxes, fees, and tolls.
Project selection—Performance criteria.
Submission of plan to the voters.
Formation—Certification.
Governing board—Composition.
Governing board—Organization.
Governing board—Powers and duties—Intent.
Treasurer.
Debt and bonding.
Transportation project or plan modification—
Accountability.
Department of transportation—Role.
Ownership of improvements.
Dissolution of district.
Findings—Regional models—Grants.
Joint ballot measure.
36.120.200
36.120.900
36.120.901
36.115.060
Regional transportation investment district account.
Captions and subheadings not law—2002 c 56.
Severability—2002 c 56.
36.120.010 Findings. The legislature finds that:
(1) The capacity of many of Washington state’s transportation facilities have failed to keep up with the state’s
growth, particularly in major urban regions;
(2) The state cannot by itself fund, in a timely way,
many of the major capacity and other improvements required
on highways of statewide significance in the state’s largest
urbanized area;
(3) Providing a transportation system that provides
efficient mobility for persons and freight requires a shared
partnership and responsibility between the state, local, and
regional governments and the private sector; and
(4) Timely construction and development of significant
transportation improvement projects can best be achieved
through enhanced funding options for governments at the
county and regional levels, using already existing tax
authority to address roadway and multimodal needs and new
authority for regions to address critical transportation
projects of statewide significance. [2002 c 56 § 101.]
36.120.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the governing body of a regional
transportation investment district.
(2) "Department" means the Washington state department of transportation.
(3) "Highway of statewide significance" means an
existing or proposed state route or federal interstate designated as a highway of statewide significance by the transportation commission, its successor entity, or the legislature.
(4) "Lead agency" means a public agency that by law
can plan, design, and build a transportation project and has
been so designated by the district.
(5) "Regional transportation investment district" or
"district" means a municipal corporation whose boundaries
are coextensive with two or more contiguous counties and
that has been created by county legislative authorities and a
vote of the people under this chapter to implement a regional
transportation investment plan.
(6) "Regional transportation investment district planning
committee" or "planning committee" means the advisory
committee created under RCW 36.120.030 to create and
propose to county legislative authorities a regional transportation investment plan to develop, finance, and construct
transportation projects.
(7) "Regional transportation investment plan" or "plan"
means a plan to develop, construct, and finance a transportation project or projects.
(8) "Transportation project" means:
(a) A capital improvement or improvements to a
highway that has been designated, in whole or in part, as a
highway of statewide significance, including an extension,
that:
(i) Adds a lane or new lanes to an existing state or
federal highway; or
[Title 36 RCW—page 309]
36.120.020
Title 36 RCW: Counties
(ii) Repairs or replaces a lane or lanes damaged by an
event declared an emergency by the governor before January
1, 2002.
(b) A capital improvement or improvements to all or a
portion of a highway of statewide significance, including an
extension, and may include the following associated
multimodal capital improvements:
(i) Approaches to highways of statewide significance;
(ii) High-occupancy vehicle lanes;
(iii) Flyover ramps;
(iv) Park and ride lots;
(v) Bus pullouts;
(vi) Vans for vanpools;
(vii) Buses; and
(viii) Signalization, ramp metering, and other transportation system management improvements.
(c) A capital improvement or improvements to all or a
portion of a city street, county road, or existing highway or
the creation of a new highway that intersects with a highway
of statewide significance, if all of the following conditions
are met:
(i) The project is included in a plan that makes highway
improvement projects that add capacity to a highway or
highways of statewide significance;
(ii) The secretary of transportation determines that the
project would better relieve traffic congestion than investing
that same money in adding capacity to a highway of statewide significance;
(iii) Matching money equal to one-third of the total cost
of the project is provided by local entities, including but not
limited to a metropolitan planning organization, county, city,
port, or private entity in which a county participating in a
plan is located. Local entities may use federal grants to
meet this matching requirement;
(iv) In no case may the cumulative regional transportation investment district contribution to all projects constructed under this subsection (8)(c) exceed ten percent of the
revenues generated by the district;
(v) In no case may the cumulative regional transportation investment district contribution to all projects constructed under this subsection (8)(c) exceed one billion dollars;
and
(vi) The specific projects are included within the plan
and submitted as part of the plan to a vote of the people.
(d) Operations, preservation, and maintenance are
excluded from this definition and may not be included in a
regional transportation investment plan.
(9) "Weighted vote" means a vote that reflects the
population each board or planning committee member
represents relative to the population represented by the total
membership of the board or planning committee. Population
will be determined using the federal 2000 census or subsequent federal census data. [2002 c 56 § 102.]
36.120.030 Planning committee formation. Regional
transportation investment district planning committees are
advisory entities that are created, convened, and empowered
as follows:
(1) A county with a population over one million five
hundred thousand persons and any adjoining counties with
a population over five hundred thousand persons may create
[Title 36 RCW—page 310]
a regional transportation investment district and shall convene a regional transportation investment district planning
committee.
(2) The members of the legislative authorities participating in planning under this chapter shall serve as the district
planning committee. Members of the planning committee
receive no compensation, but may be reimbursed for travel
and incidental expenses as the planning committee deems
appropriate.
The secretary of transportation, or the appropriate
regional administrator of the department, as named by the
secretary, shall serve on the committee as a nonvoting
member.
(3) A regional transportation investment district planning
committee may be entitled to state funding, as appropriated
by the legislature, for start-up funding to pay for salaries,
expenses, overhead, supplies, and similar expenses ordinarily
and necessarily incurred in selecting transportation projects
and funding for those transportation projects under this
chapter. Upon creation of a regional transportation investment district, the district shall within one year reimburse the
state for any sums advanced for these start-up costs from the
state.
(4) The planning committee shall conduct its affairs and
formulate a regional transportation investment plan as
provided under RCW 36.120.040, except that it shall elect an
executive board of seven members to discharge the duties of
the planning committee and formulate a regional transportation investment plan, subject to the approval of the full
committee.
(5) At its first meeting, a regional transportation
investment district planning committee may elect officers
and provide for the adoption of rules and other operating
procedures.
(6) Governance of and decisions by a regional transportation investment district planning committee must be by a
sixty-percent weighted majority vote of the total membership.
(7) The planning committee may dissolve itself at any
time by a two-thirds weighted majority vote of the total
membership of the planning committee. [2002 c 56 § 103.]
36.120.040 Planning committee duties. (1) A
regional transportation investment district planning committee shall adopt a regional transportation investment plan
providing for the development, construction, and financing
of transportation projects. The planning committee may
consider the following factors in formulating its plan:
(a) Land use planning criteria;
(b) The input of cities located within a participating
county; and
(c) The input of regional transportation planning
organizations in which a participating county is located. A
regional transportation planning organization in which a
participating county is located shall review its adopted
regional transportation plan and submit, for the planning
committee’s consideration, its list of transportation improvement priorities.
(2) The planning committee may coordinate its activities
with the department, which shall provide services, data, and
personnel to assist in this planning as desired by the plan(2002 Ed.)
Regional Transportation Investment Districts
ning committee. In addition, the planning committee may
coordinate with affected cities, towns, and other local
governments that engage in transportation planning.
(3) The planning committee shall:
(a) Conduct public meetings that are needed to assure
active public participation in the development of the plan;
(b) Adopt a plan proposing the creation of a regional
transportation investment district and recommending the
construction of transportation projects to improve mobility.
Operations, maintenance, and preservation of facilities or
systems may not be part of the plan; and
(c) Recommend sources of revenue authorized by RCW
36.120.050 and a financing plan to fund selected transportation projects. The overall plan of the district must leverage
the district’s financial contributions so that the federal, state,
local, and other revenue sources continue to fund major
congestion relief and transportation capacity improvement
projects in the district. A combination of local, state, and
federal revenues may be necessary to pay for transportation
projects, and the planning committee shall consider all of
these revenue sources in developing a plan.
(4) Before adopting the plan, the planning committee,
with assistance from the department, shall work with the
lead agency to develop accurate cost forecasts for transportation projects. This project costing methodology must be
integrated with revenue forecasts in developing the plan and
must at a minimum include estimated project costs in
constant dollars as well as year of expenditure dollars, the
range of project costs reflected by the level of project
design, project contingencies, identification of mitigation
costs, the range of revenue forecasts, and project and plan
cash flow and bond analysis. The plan submitted to the
voters must provide cost estimates for each project, including
reasonable contingency costs. Plans submitted to the voters
must provide that the maximum amount possible of the
funds raised will be used to fund projects in the plan,
including environmental improvements and mitigation, and
that administrative costs be minimized. If actual revenue
exceeds actual plan costs, the excess revenues must be used
to retire any outstanding debt associated with the plan.
(5) If a county opts not to adopt the plan or participate
in the regional transportation investment district, but two or
more contiguous counties do choose to continue to participate, then the planning committee may, within ninety days,
redefine the regional transportation investment plan and the
ballot measure to be submitted to the people to reflect
elimination of the county, and submit the redefined plan to
the legislative authorities of the remaining counties for their
decision as to whether to continue to adopt the redefined
plan and participate. This action must be completed within
sixty days after receipt of the redefined plan.
(6) Once adopted, the plan must be forwarded to the
participating county legislative authorities to initiate the
election process under RCW 36.120.070. The planning
committee shall at the same time provide notice to each city
and town within the district, the governor, the chairs of the
transportation committees of the legislature, the secretary of
transportation, and each legislator whose legislative district
is partially or wholly within the boundaries of the district.
(7) If the ballot measure is not approved, the planning
committee may redefine the selected transportation projects,
financing plan, and the ballot measure. The county legisla(2002 Ed.)
36.120.040
tive authorities may approve the new plan and ballot
measure, and may then submit the revised proposition to the
voters at the next election or a special election. If no ballot
measure is approved by the voters by the third vote, the
planning committee is dissolved. [2002 c 56 § 104.]
36.120.050 Taxes, fees, and tolls. (1) A regional
transportation investment district planning committee may,
as part of a regional transportation investment plan, recommend the imposition of some or all of the following revenue
sources, which a regional transportation investment district
may impose upon approval of the voters as provided in this
chapter:
(a) A regional sales and use tax, as specified in RCW
82.14.430, of up to 0.5 percent of the selling price, in the
case of a sales tax, or value of the article used, in the case
of a use tax, upon the occurrence of any taxable event in the
regional transportation investment district;
(b) A local option vehicle license fee, as specified under
RCW 82.80.100, of up to one hundred dollars per vehicle
registered in the district. As used in this subsection, "vehicle" means motor vehicle as defined in RCW 46.04.320.
Certain classes of vehicles, as defined under chapter 46.04
RCW, may be exempted from this fee;
(c) A parking tax under RCW 82.80.030;
(d) A local motor vehicle excise tax under RCW
81.100.060 and chapter 81.104 RCW;
(e) An employer excise tax under RCW 81.100.030; and
(f) Vehicle tolls on new or reconstructed facilities.
Unless otherwise specified by law, the department shall
administer the collection of vehicle tolls on designated
facilities, and the state transportation commission, or its
successor, shall be the tolling authority.
(2) Taxes, fees, and tolls may not be imposed without
an affirmative vote of the majority of the voters within the
boundaries of the district voting on a ballot proposition as
set forth in RCW 36.120.070. Revenues from these taxes
and fees may be used only to implement the plan as set forth
in this chapter. A district may contract with the state
department of revenue or other appropriate entities for
administration and collection of any of the taxes or fees
authorized in this section.
(3) Existing statewide motor vehicle fuel and special
fuel taxes, at the distribution rates in effect on January 1,
2001, are not intended to be altered by this chapter. [2002
c 56 § 105.]
36.120.060 Project selection—Performance criteria.
(1) The planning committee shall consider the following
criteria for selecting transportation projects to improve
corridor performance:
(a) Reduced level of congestion and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period person and
vehicle trip capacity;
(e) Reductions in person and vehicle delay;
(f) Improved freight mobility; and
(g) Cost-effectiveness of the investment.
(2) These criteria represent only minimum standards that
must be considered in selecting transportation improvement
[Title 36 RCW—page 311]
36.120.060
Title 36 RCW: Counties
projects. The board shall also consider rules and standards
for benchmarks adopted by the transportation commission or
its successor. [2002 c 56 § 106.]
36.120.070 Submission of plan to the voters. Two
or more contiguous county legislative authorities, upon
receipt of the regional transportation investment plan under
RCW 36.120.040, may certify the plan to the ballot, including identification of the tax options necessary to fund the
plan. County legislative authorities may draft a ballot title,
give notice as required by law for ballot measures, and
perform other duties as required to put the plan before the
voters of the proposed district for their approval or rejection
as a single ballot measure that both approves formation of
the district and approves the plan. Counties may negotiate
interlocal agreements necessary to implement the plan. The
electorate will be the voters voting within the boundaries of
the participating counties. A simple majority of the total
persons voting on the single ballot measure to approve the
plan, establish the district, and approve the taxes and fees is
required for approval. [2002 c 56 § 107.]
36.120.080 Formation—Certification. If the voters
approve the plan, including creation of a regional transportation investment district and imposition of taxes and fees, the
district will be declared formed. The county election
officials of participating counties shall, within fifteen days of
the final certification of the election results, publish a notice
in a newspaper or newspapers of general circulation in the
district declaring the district formed, and mail copies of the
notice to the governor, the secretary of transportation, and
the executive director of the regional transportation planning
organization in which any part of the district is located. A
party challenging the procedure or the formation of a voterapproved district must file the challenge in writing by
serving the prosecuting attorney of the participating counties
and the attorney general within thirty days after the final
certification of the election. Failure to challenge within that
time forever bars further challenge of the district’s valid
formation. [2002 c 56 § 108.]
36.120.090 Governing board—Composition. (1) The
governing board of a district consists of the members of the
legislative authority of each member county, acting ex
officio and independently. The secretary of transportation or
the appropriate regional administrator of the department, as
named by the secretary, shall also serve as a nonvoting
member of the board. The governing board may elect an
executive board of seven members to discharge the duties of
the governing board subject to the approval of the full
governing board.
(2) A sixty-percent majority of the weighted votes of the
total board membership is required to submit to the counties
a modified plan under RCW 36.120.140 or any other
proposal to be submitted to the voters. The counties may,
with majority vote of each county legislative authority,
submit a modified plan or proposal to the voters. [2002 c 56
§ 109.]
36.120.100 Governing board—Organization. The
board shall adopt rules for the conduct of business. The
[Title 36 RCW—page 312]
board shall adopt bylaws to govern district affairs, which
may include:
(1) The time and place of regular meetings;
(2) Rules for calling special meetings;
(3) The method of keeping records of proceedings and
official acts;
(4) Procedures for the safekeeping and disbursement of
funds; and
(5) Any other provisions the board finds necessary to
include. [2002 c 56 § 110.]
36.120.110 Governing board—Powers and duties—
Intent. (1) The governing board of the district is responsible for the execution of the voter-approved plan. The board
shall:
(a) Impose taxes and fees authorized by district voters;
(b) Enter into agreements with state, local, and regional
agencies and departments as necessary to accomplish district
purposes and protect the district’s investment in transportation projects;
(c) Accept gifts, grants, or other contributions of funds
that will support the purposes and programs of the district;
(d) Monitor and audit the progress and execution of
transportation projects to protect the investment of the public
and annually make public its findings;
(e) Pay for services and enter into leases and contracts,
including professional service contracts;
(f) Hire no more than ten employees, including a
director or executive officer, a treasurer or financial officer,
a project manager or engineer, a project permit coordinator,
and clerical staff; and
(g) Exercise other powers and duties as may be reasonable to carry out the purposes of the district.
(2) It is the intent of the legislature that existing staff
resources of lead agencies be used in implementing this
chapter. A district may coordinate its activities with the
department, which shall provide services, data, and personnel
to assist as desired by the regional transportation investment
district. Lead agencies for transportation projects that are
not state facilities shall also provide staff support for the
board.
(3) A district may not acquire, hold, or dispose of real
property.
(4) A district may not own, operate, or maintain an
ongoing facility, road, or transportation system.
(5) A district may accept and expend or use gifts,
grants, or donations.
(6) It is the intent of the legislature that administrative
and overhead costs of a regional transportation investment
district be minimized. For transportation projects costing up
to fifty million dollars, administrative and overhead costs
may not exceed three percent of the total construction and
design project costs per year. For transportation projects
costing more than fifty million dollars, administrative and
overhead costs may not exceed three percent of the first fifty
million dollars in costs, plus an additional one-tenth of one
percent of each additional dollar above fifty million. These
limitations apply only to the district, and do not limit the
administration or expenditures of the department.
(7) A district may use the design-build procedure for
transportation projects developed by it. As used in this
(2002 Ed.)
Regional Transportation Investment Districts
section "design-build procedure" means a method of contracting under which the district contracts with another party
for that party to both design and build the structures, facilities, and other items specified in the contract. The requirements and limitations of RCW 47.20.780 and 47.20.785 do
not apply to the transportation projects under this chapter.
[2002 c 56 § 111.]
36.120.120 Treasurer. The regional transportation
investment district, by resolution, shall designate a person
having experience in financial or fiscal matters as treasurer
of the district. The district may designate the treasurer of a
county within which the district is located to act as its
treasurer. Such a treasurer has all of the powers, responsibilities, and duties the county treasurer has related to
investing surplus funds. The district shall require a bond
with a surety company authorized to do business in this state
in an amount and under the terms and conditions the district,
by resolution, from time to time finds will protect the district
against loss. The district shall pay the premium on the bond.
In addition to the account established in RCW
36.120.200, the treasurer may establish a special account,
into which may be paid district funds. The treasurer may
disburse district funds only on warrants issued by the district
upon orders or vouchers approved by the district.
If the treasurer of the district is the treasurer of a
county, all district funds must be deposited with a county
depositary under the same restrictions, contracts, and security
as provided for county depositaries. If the treasurer of the
district is some other person, all funds must be deposited in
a bank or banks authorized to do business in this state
qualified for insured deposits under any federal deposit
insurance act as the district, by resolution, designates.
The district may provide and require a reasonable bond
of any other person handling moneys or securities of the
district, but the district shall pay the premium on the bond.
[2002 c 56 § 112.]
36.120.130 Debt and bonding. The district may
borrow money, but may not issue any debt of its own for
more than two years’ duration. A district may issue notes or
other evidences of indebtedness with a maturity of not more
than two years. A district may, when authorized by the
plan, enter into agreements with the state or lead agencies to
pledge taxes or other revenues of the district for the purpose
of paying in part or whole principal and interest on bonds
issued by the lead agency. The contracts pledging revenues
and taxes are binding for the term of the agreement, but not
to exceed twenty-five years, and no tax pledged by an
agreement may be eliminated or modified if it would impair
the pledge of the agreement. [2002 c 56 § 113.]
36.120.140 Transportation project or plan modification—Accountability. (1) A plan may be modified to
change transportation projects or revenue sources if:
(a) Two or more participating counties adopt a resolution to modify the plan; and
(b) The counties submit to the voters in the district a
ballot measure that redefines the scope of the plan, its
projects, its schedule, its costs, or the revenue sources. If
the voters fail to approve the redefined plan, the district shall
(2002 Ed.)
36.120.110
continue to work on and complete the plan, and the projects
in it, that was originally approved by the voters. If the
voters approve the redefined plan, the district shall work on
and complete the projects under the redefined plan.
(2) If a transportation project cost exceeds its original
cost by more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county
legislative authorities, submit to the voters in the district a
ballot measure that redefines the scope of the transportation
project, its schedule, or its costs. If the voters fail to
approve the redefined transportation project, the district shall
terminate work on that transportation project, except that the
district may take reasonable steps to use, preserve, or
connect any improvement already constructed. The remainder of any funds that would otherwise have been expended
on the terminated transportation project must first be used to
retire any outstanding debt attributable to the plan and then
may be used to implement the remainder of the plan.
(b) Alternatively, upon adoption of a resolution by two
or more participating counties:
(i) The counties shall submit to the voters in the district
a ballot measure that redefines the scope of the plan, its
transportation projects, its schedule, or its costs. If the
voters fail to approve the redefined plan, the district shall
terminate work on that plan, except that the district may take
reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds must
be used to retire any outstanding debt attributable to the
plan; or
(ii) The counties may elect to have the district continue
the transportation project without submitting an additional
ballot proposal to the voters.
(3) To assure accountability to the public for the timely
construction of the transportation improvement project or
projects within cost projections, the district shall issue a
report, at least annually, to the public and copies of the
report to newspapers of record in the district. In the report,
the district shall indicate the status of transportation project
costs, transportation project expenditures, revenues, and construction schedules. The report may also include progress
towards meeting the performance criteria provided under this
chapter. [2002 c 56 § 114.]
36.120.150 Department of transportation—Role.
(1) The department shall designate an office or division of
dedicated staff and services whose primary responsibility is
to coordinate the design, preliminary engineering, permitting,
financing, and construction of transportation projects under
consideration by a regional transportation investment district
planning committee or that are part of a regional transportation investment plan being implemented by a regional
transportation investment district.
(2) All of the powers granted the department under Title
47 RCW relating to highway construction may, at the request
of a regional transportation investment district, be used to
implement a regional transportation investment plan and
construct transportation projects. [2002 c 56 § 115.]
36.120.160 Ownership of improvements. Any
improvement to a state facility constructed under this chapter
[Title 36 RCW—page 313]
36.120.160
Title 36 RCW: Counties
becomes and remains the property of this state. [2002 c 56
§ 116.]
36.120.170 Dissolution of district. Within thirty days
of the completion of the construction of the transportation
project or series of projects forming the regional transportation investment plan, the district shall terminate day-to-day
operations and exist solely as a limited entity that oversees
the collection of revenue and the payment of debt service or
financing still in effect, if any. The district shall accordingly
adjust downward its employees, administration, and overhead
expenses. Any taxes, fees, or tolls imposed under an
approved plan terminate when the financing or debt service
on the transportation project or series of transportation
projects constructed is completed and paid, thirty days from
which point the district shall dissolve itself and cease to
exist. If there is no debt outstanding, then the district shall
dissolve within thirty days from completion of construction
of the transportation project or series of transportation
projects forming the regional transportation investment plan.
Notice of dissolution must be published in newspapers of
general circulation within the district at least three times in
a period of thirty days. Creditors must file claims for
payment of claims due within thirty days of the last published notice or the claim is extinguished. [2002 c 56 §
117.]
36.120.180 Findings—Regional models—Grants.
The legislature finds that regional solutions to the state’s
transportation needs are of paramount concern. The legislature further recognizes that different areas of the state will
need the flexibility to fashion local solutions to their transportation problems, and that regional transportation systems
may evolve over time. Areas of the state outside of King,
Snohomish, and Pierce counties are eligible for grants from
the state of no more than two hundred thousand dollars each
to study and develop regional transportation models.
Regions receiving these grants shall:
(1) Develop a model that can be used within their
region to select, fund, and administer regional transportation
solutions;
(2) Adopt a county resolution approving the model
proposed;
(3) Form interlocal agreements among counties as
appropriate;
(4) Report to the transportation committees in the senate
and house of representatives, petitioning the legislature to
grant them authority to implement their proposed model.
[2002 c 56 § 118.]
36.120.190 Joint ballot measure. At the option of
the planning committee, and with the explicit approval of the
regional transit authority, the participating counties may
choose to impose any remaining high capacity transportation
taxes under chapter 81.104 RCW that have not otherwise
been used by a regional transit authority and submit to the
voters a common ballot measure that creates the district,
approves the regional transportation investment plan,
implements the taxes, and implements any remaining high
capacity transportation taxes within the boundaries of the
regional transportation investment district. Collection and
[Title 36 RCW—page 314]
expenditures of any high capacity transportation taxes
implemented under this section must be determined by
agreement between the participating counties or district and
the regional transit authority electing to submit high capacity
transportation taxes to the voters under a common ballot
measure as provided in this section. If the measure fails, all
such unused high capacity transportation taxes revert back to
and remain with the regional transit authority. A project
constructed with this funding is not considered a "transportation project" under RCW 36.120.020. [2002 c 56 § 201.]
36.120.200 Regional transportation investment
district account. The regional transportation investment
district account is created in the custody of the state treasurer. The purpose of this account is to act as an account into
which may be deposited state money, if any, that may be
used in conjunction with district money to fund transportation projects. Additionally, the district may deposit funds
into this account for disbursement, as appropriate, on
transportation projects. Nothing in this section requires any
state matching money. All money deposited in the regional
transportation investment district account will be used for
design, right of way acquisition, capital acquisition, and
construction, or for the payment of debt service associated
with these activities, for regionally funded transportation
projects developed under this chapter. Only the district may
authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW.
An appropriation is not required for expenditures from this
account. [2002 c 56 § 401.]
36.120.900 Captions and subheadings not law—
2002 c 56. Captions and subheadings used in this act are
not part of the law. [2002 c 56 § 501.]
36.120.901 Severability—2002 c 56. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2002 c 56 § 503.]
Chapter 36.900
CONSTRUCTION
Sections
36.900.010
36.900.020
36.900.030
36.900.040
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
36.900.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1963 c 4 § 36.98.010. Formerly RCW 36.98.010.]
36.900.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
(2002 Ed.)
Construction
36.900.020
any part of the law. [1963 c 4 § 36.98.020. Formerly RCW
36.98.020.]
36.900.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1963 c 4 §
36.98.030. Formerly RCW 36.98.030.]
Severability—1967 ex.s. c 144: "If any provision of this 1967
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances, shall not be affected." [1967 ex.s. c 144 § 21.]
36.900.040
36.98.040.
(2002 Ed.)
Repeals and saving. See 1963 c 4 §
[Title 36 RCW—page 315]
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